Coolbaugh Township

Coolbaugh Township

Board of Supervisors

January 18, 2005 - Page 1

The Coolbaugh Township Board of Supervisors January 18, 2005 Regular Meeting was held in the Township Municipal Center, in building #3, at 5550 Memorial Boulevard, Tobyhanna, Pennsylvania.

Call To Order

Mr. Frutchey called the meeting to order at 7:00 p.m. and led those in attendance in the recitation of the Pledge of Allegiance to the Flag.

Roll Call

Supervisors present for the meeting included: James H. Frutchey, Jr., Robert B. Hutchins, Gratz Washenik and Robert M. Zito. Richard R. Lockwood was absent. Also in attendance were: Township Solicitor Jerry F. Hanna and Township Secretary Linda Frutchey.

Statement on the Agenda: The Public will be given an opportunity to speak on each agenda matter. Public Input in considered at the end of the meeting for other issues.

Approval of January 3, 2005 Re-organization / Business Meeting

Mr. Zito moved to approve the January 3, 2005 Re-organization/Business Meeting Minutes and dispense with the reading. Seconded by Mr. Hutchins. Discussion - none. The motion carried 4-0.

Extension request - Jack Williams Tire and Auto - Adjacent Parcel - Land Development and Lot Combination Plan

No one was present on behalf of the above referenced project.

Mr. Hutchins made a motion to grant the applicant’s request for a ninety (90) day extension, per the Planning Commission’s recommendation, provided it falls within the guidelines of the Board’s meeting. Seconded by Mr. Frutchey.

Discussion followed regarding a storage trailer on the adjacent parcel, increased traffic on Heath Lane, etc. Public input was heard from Alma I. Ruiz-Smith and Steve Planchock. Following discussion, it was the consensus of the Supervisors to direct the Zoning Officer and Township Engineer, if needed, to ensure that using the adjacent parcel as a parking lot is legal and send a Memo to the Board regarding the determination. The motion carried 4-0.

Board of Supervisors

January 18, 2005 - Page 2

Cingular Wireless - PPL North Coolbaugh Substation Site Land Development Plan

Michael S. Grab, Attorney, and Sue Allen, Real Estate Project Manager for Cingular Wireless and Vlad Tarasov, Chief Structural Engineer of Henkels & McCoy were present on behalf of the above referenced project. Attorney Mike Grab presented the Supervisors with a copy of the amended plans. Vlad Tarasov, P.E. explained the layout of the plan and the project details.

A lengthy discussion followed about concerns regarding landscaping at the site if PPL should pull out of the area, fencing in a stone area, that storm water run-off across Rte. 423 is already a problem there and would landscaping cause more problems, etc. Comments from the public were heard from Cliff Otto, Bruce and Joyce Hanby and Alma I. Ruiz-Smith. Discussion also ensued regarding the installation of a light on the top of the monopole.

Mr. Hutchins made a motion to approve the Cingular Wireless - PPL North Coolbaugh Substation Site Land Development Plan, with the condition that the Development Agreement is finalized and a white strobe light is installed on the top of the monopole. Seconded by Mr. Frutchey. Further discussion followed regarding a conditional waiver for landscaping. Solicitor Hanna confirmed that this could be part of an amended motion.

Mr. Hutchins amended his motion to include a provision for a conditional waiver for landscaping if, in the event PPL timbers the property, then Cingular Wireless has to provide shrubbery. Seconded by Mr. Frutchey. The motion carried 4-0.

Cingular Wireless - PPL PCP (Pocono Farms) Substation Site

Discussion ensued regarding the Development Agreement, landscaping, the E& S plan, that a light for the top of the tower at this location is required by the FAA, etc.

Mr. Frutchey made a motion to approve the Cingular Wireless - PPL PCP (Pocono Farms) Substation Site with the condition that the Development Agreement is finalized, the NPDES permit is issued, and the light required by the FAA is installed on the top of the monopole (if given a choice of lights, the Board prefers a white flashing light). Seconded by Mr. Hutchins. Discussion followed in which Mr. Washenik expressed concerns about the changing telecommunications industry and asked if removal of the tower is in the terms of the lease if Cingular decides to vacate the site, etc. It was noted that by the terms of the lease, Cingular is required to remove the tower, if they leave. The motion was called and passed 4-0.

Board of Supervisors

January 18, 2005 - Page 3

Request by Pastor Dennis Bloom for the Board to consider allowing the issuance of a building permit relating to the Pocono Mountain Charter School /Shawnee Tabernacle Church Land Development Plan

Marv Walton of Niclaus Engineering was present on behalf of the above referenced request and asked that discussion be tabled at tonight’s meeting.

Mr. Frutchey moved to table discussion of the request by Pastor Dennis Bloom for the Board to consider allowing the issuance of a building permit relating to the Pocono Mountain Charter School /Shawnee Tabernacle Church Land Development Plan. Seconded by Mr. Hutchins. The motion carried 4-0.

Dennis & Gricel Bloom Minor Subdivision Plan

Before the Board was a letter from Niclaus Engineering, written on behalf of their clients Dennis and Gricel Bloom, requesting that the above referenced Minor Subdivision Plan be withdrawn. The Board acknowledged the request to withdraw the Dennis and Gricel Bloom Minor Subdivision Plan.

Pocono Mountains Industrial Park Authority, Pocono Mountains Industries and Pocono Mountains Municipal Airport Authority Minor Subdivision Plan

Marv Walton of Niclaus Engineering and Robert Boehning of Pocono Mountains Industries were present on behalf of the above referenced Minor Subdivision Plan. Discussion followed regarding comments about the plan in a letter dated January 5, 2005 from Township Engineer Russ Kresge.

Mr. Frutchey moved to approve the Pocono Mountains Industrial Park Authority, Pocono Mountains Industries and Pocono Mountains Municipal Airport Authority Minor Subdivision Plan. Seconded by Mr. Hutchins. A brief discussion followed. The motion carried 4-0.

Minor Subdivision to join lots 314 & 315, Section L, A Pocono Country Place, Property Owner - Bertland Stephenson

Bertland Stephenson was present on behalf of the above referenced Minor Subdivision Plan.

Mr. Washenik made a motion to approve the Minor Subdivision to join lots 314 & 315, Section L, A Pocono Country Place, Property Owner - Bertland Stephenson. Seconded by Mr. Frutchey. Discussion - none. The motion passed 4-0.

Board of Supervisors

January 18, 2005 - Page 4

Minor Subdivision to join lots 15 & 16, Block 78, Section 12, Arrowhead Lake - Property Owners - John & Deolinda Bond

No one was present on behalf of the above referenced Minor Subdivision Plan.

Mr. Hutchins moved to approve the Minor Subdivision to join lots 15 & 16, Block 78, Section 12, Arrowhead Lake - Property Owners - John & Deolinda Bond. Seconded by Mr. Washenik. Discussion - none. The motion carried 4-0.

Minor Subdivision to join lots 6 & 7, Block 2103, Section 21, Arrowhead North - Property Owners - Donald & Linda Ring

No one was present on behalf of the above referenced Minor Subdivision Plan.

Mr. Washenik made a motion to approve the Minor Subdivision to join lots 6 & 7, Block 2103, Section 21, Arrowhead North - Property Owners - Donald & Linda Ring. Seconded by Mr. Frutchey. Discussion - none. The motion passed 4-0.

Minor Subdivision to join lots 293 & 294, Section K, A Pocono Country Place - Property Owners - Raymond and Terri Schwartz

No one was present on behalf of the above referenced Minor Subdivision Plan.

Mr. Hutchins moved to approve the Minor Subdivision to join lots 293 & 294, Section K, A Pocono Country Place - Property Owners - Raymond and Terri Schwartz. Seconded by Mr. Frutchey. Discussion - none. The motion carried 4-0.

2005 Monthly Reports

Coolbaugh Township Volunteer Fire Company

The December 2004 Monthly Report for the Coolbaugh Township Volunteer Fire Company (CTVFC) included 4 dwelling fires, 6 automatic fire alarms, 3 wires down/pole fires, 13 vehicle accidents, 2 extrications, and 12 miscellaneous calls for a total of 40 calls. A total of 434.82 man hours were expended on the 40 calls and 315.73 man hours were spent on drills and training. $400,000.00 was the estimated dollar value on buildings/vehicles involved in fire and $50.000.00 was an estimated dollar loss due to fire.

The Monthly Report for January 1 - 14, 2005 included 5 dwelling fires, 7 automatic fire alarms, 1 vehicle fire, 2 assist other fire companies, 85 wires down/pole fires, 8 vehicle accidents, 1 extrications, and 9 miscellaneous calls for a total of 117 calls. A total of 859.56 man hours were expended on the 117 calls.

Board of Supervisors

January 18, 2005 - Page 5

It was noted that the first winter storm on January 6, 2005 resulted in 90.39 man hours on 15 calls, and the second storm on January 8^th resulted in 62 calls for a total of 577.50 man hours.

Monroe County Road Task

Mr. Frutchey reported that he plans to attend the next meeting of the Road Task Force, but could not attend the last meeting, where only four people showed up.

Pocono Mountain Regional Emergency Medical Services

Mr. Zito reported that the PMREMS 2005 Budget was approved. They hired a Manager and appointed Mr. Zito as their Secretary Treasurer.

Pocono Mountain Regional Police

The PMRPD Report will be presented in February.

Adoption of Resolution Number 03-2005 re: Building Code Ordinance Enforcement

Before the Board was draft Resolution Number 03-2005. Mr. Hutchins moved to adopt Resolution Number 03-2005 re: Building Code Ordinance Enforcement. Seconded by Mr. Frutchey. Discussion followed regarding matters associated with enforcement of the Building Codes and the delegation of authority to do so, using contracted services instead of township employees, comments were heard from the public, etc.

It was the consensus of the Supervisors that the resolution paragraph of the Amendment should read in part as follows: “Now, therefore, be it resolved by the Board of Supervisors of Coolbaugh Township, Monroe County, Pennsylvania that the administration and enforcement of the Coolbaugh Township Building Code shall be delegated to and carried out by its Building Code building Official, Guardian Inspection Services, Inc. under and through a Municipal Service Agreement and/or any other designated Township employee...” The motion was called and carried 3-1-0 (Mr. Washenik opposed, because he thinks code enforcement should be performed by township employees rather than be contracted out).

AARP request to use meeting room to assist residents with their 2004 Tax returns

Mr. Zito moved to approve the AARP request to use the Township’s meeting room to assist residents with their 2004 Tax returns on the days and times outlined in their letter. Seconded by Mr. Hutchins. A brief discussion followed. The motion carried 4-0.

Board of Supervisors

January 18, 2005 - Page 6

Annual Appointment - Chairman of the Vacancy Board

Before the Board were letters of interest from John C. Barlieb and Dagmaris Cabezas expressing their interest in serving as Chairman of the Vacancy Board.

Mr. Hutchins and Mr. Frutchey nominated John Barlieb. Mr. Washenik nominated Ms. Cabezas. Mr Zito nominated Werner Frank. Discussion ensued regarding the excellent qualifications of the nominees, whether there were any potential conflicts of interest if the nominees also served the Township in other capacities, etc. It was determined that there would not be any conflicts. Mr. Frank was asked whether he wished to decline his nomination, since he did not submit a letter of interest. He confirmed that he would still accept the nomination.

Mr. Frutchey called for all those in favor of John C. Barlieb. By a 4-0 unanimous vote of the Board of Supervisors, Mr. Barlieb was appointed as Vacancy Board Chairman.

Authorization to advertise vacancy on the Parks And Recreation Commission - term ending 2009

Mr. Hutchins moved to authorize to advertise the vacancy on the Parks and Recreation Commission - term ending 2009. Seconded by Mr. Zito. The motion carried 4-0.

Authorization to prepare bid specifications and advertisement for the 2005 Paving Project, Salt Shed Extension and Tree Trimming Project

Mr. Frutchey made a motion to authorize Township Engineer Russ Kresge to prepare bid specifications and advertisements for the Paving Project, Salt Shed Extension and Tree Trimming project. Seconded by Mr. Hutchins. A lengthy discussion followed regarding tree trimming specifications, how streets are selected for trimming, mileage issues, the impact of recent storm damage, the size of the salt shed extension, etc. It was decided to drop the tree trimming from the motion and address the matter at another time.

Mr. Frutchey restated the motion to authorize Township Engineer Russ Kresge to prepare bid specifications and advertisements for the 2005 Paving Project and Salt Shed Extension. Seconded by Mr. Hutchins. Discussion - Mr. Washenik said he was in favor of the Paving Project but not the Salt Shed Extension, so Mr. Frutchey called the motion separately. The motion to authorize Township Engineer Kresge to prepare the bid specifications and advertisements for the 2005 Paving Project carried 4-0 and authorizations for the Salt Shed Extension carried 3-1-0 (Mr. Washenik opposed).

Council of Communities Meeting & Agenda

Discussion ensued regarding the success of the first meeting of the Council of Communities held on November 17, 2004.

Board of Supervisors

January 18, 2005 - Page 7

The Township staff was directed to send copies of the Council’s meeting Minutes and the proposed Agenda for the next meeting scheduled for February 9, 2005 to all of the Property Owners Associations and Presidents of their Boards of Directors. Items for the proposed Agenda included matters associated with the structure of the organization, the status of the re-addressing project, neighborhood crime watch, voting issues, etc. Following discussion, the Board agreed to leave voting district issues off the Agenda until another time.

Ice Storm Clean Up

Before the Board were two (2) quotes solicited for assistance with clean-up after the recent ice storm: 1) Des Chenes Tree Service, $100.00 per hour for chipping branches on side of road with one (1) chipping machine, one (1) pickup truck and two (2) men with chainsaws, $150.00 per hour if aerial bucket truck work is required, and 2) Total Turf, $2,000.00 per day for a bucket truck with operator and two (2) men, $800.00 per day for crane truck with operator, and $2,000.00 per day for chipper truck plus three (3) men. It was also noted that Mrs. Frutchey contacted the Pennsylvania Conservation District through the Department of Labor & Industry for assistance with the clean up, and a crew was sent to help this week by hauling storm debris to the Township Road Department.

Discussion followed regarding the number of roads in the Township in need of clearing limbs hanging from trees, debris on the shoulders, that time is of the essence since this situation poses a danger to people and vehicles, etc. Also discussed was the high price quoted by Total Turf, that other local tree services should be contacted for quotes, the possibility of grant assistance, etc.

Mr. Hutchins made a motion to hire Des Chenes Tree Service and call around for a better quote than the one from Total Turf. Following the solicitation of other quotes for emergency tree clearing from the ice storm, the Supervisors’ approval will be made by telephonic communication and the cleanup will be conducted as needed. Seconded by Mr. Frutchey. The motion carried 4-0.

Current Obligations

General Fund $503,594.21

Escrow Account $ 3,862.20

Sewer System Fund $ 10,412.88

Total Disbursements $517,869.29

It was pointed out that the large amount in the General Fund obligations was primarily due to the payment made to the Pocono Mountain Regional Police Department. Mr. Hutchins moved to pay the Current Obligations. Seconded by Mr. Zito. A brief discussion followed. The motion passed 4-0.

Board of Supervisors

January 18, 2005 - Page 8

Other Business

Non-Emergency Issues under Other Business

Mr. Zito requested that any non-emergency issues that will be raised by a Supervisor under Other Business should be in writing to all of the Board members prior to a meeting. Emergency issues would be an exception.

Closing of Road between Pine Valley and Susquehanna

It was pointed out by Mr. Hutchins that there was an emergency issue with storm pipe breaks on the above referenced road, and he asked to close the road with Jersey barriers, which needed to be purchased, etc.

Mr. Hutchins made a motion to purchase four (4) Jersey barriers and close off Seneca at Pine Valley and Susquehanna with two (2) barriers at each end. Seconded by Mr. Frutchey. The motion passed 4-0.

Mr. Hutchins moved to authorize Road Foreman Neil Hay to contact Township Engineer Russ Kresge to do whatever engineering is necessary to repair the pipe and start the permit process to replace the pipes. Seconded by Mr. Zito. The motion carried 4-0.

Township Departments - Ice Storm

Mr. Hutchins thanked the Road and Maintenance Departments, as well as Saundra Tigue and Jim Frutchey, who helped in his absence, for the great job they did during the recent ice storm. It was also noted that the generators installed at both the Road Department and Municipal Center were needed and worked well.

Request for Letter of Support - Tobyhanna/Tunkhannock Open Space Grant Application

Mr. Washenik presented a request from Anne Sincavage of the Top of the Mountain Open Space Advisory Committee asking for the Board’s support for the purchase of the Blue Ridge parcel site acquisition by Tobyhanna and Tunkhannock Townships. Ms. Sincavage wants to make the presentation to the Monroe County Open Space Committee on January 25, 2005, and tonight is the only opportunity for the Supervisors to sign off on their support.

Discussion followed regarding $440,000.00 in funding that was approved for parks in the Top of the Mountain Region, allocation of funds, responsibilities associated with costs and liabilities, etc.

Mr. Washenik made a motion that the Coolbaugh Township Board of Supervisors reviewed the application for the purchase of a twenty-five acre parcel and are in favor of this acquisition. Seconded by Mr. Frutchey. Discussion followed in which brief public input was heard and Mr. Washenik added that a letter of support from the Supervisors signed by the Chairman or the Township Secretary is also needed for the application. The motion carried 4-0.

Mr. Frutchey announced that an Executive Session was held on January 3, 2005 at 8:50 p.m. re: Personnel Issues/Pending Litigation and that there would be an Executive Session held after this meeting re: Personnel.

Alma I. Ruiz-Smith commented that she showed up two weeks ago on a Tuesday for the first meeting in January and nobody was here. Mr. Frutchey noted that the Re-organizational meeting was the only Board meeting scheduled on a Monday.

With no further business before the Board, Mr. Hutchins made a motion to adjourn the meeting. Seconded by Mr. Zito. The motion carried 4-0. The meeting adjourned at approximately 10:25 p.m.