Coolbaugh Township

Board of Supervisors

July 5, 2005 - Page 1

The Coolbaugh Township Board of Supervisors, July 5, 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 approximately 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, Richard R. Lockwood, Gratz Washenik and Robert M. Zito.  Linda Frutchey Township Secretary was also present.  Township Solicitor Jerry F. Hanna was absent.

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

Approval of June 21, 2005 Meeting Minutes

Mr. Zito made a motion to approve the June 21, 2005 Meeting Minutes as presented and dispense with the reading. Seconded by Mr. Lockwood. Discussion followed in which Mr. Washenik said he voted “no” on page 5, first paragraph, relating to retaining a certified appraiser to determine the developed cost/acre where spray irrigation is proposed for the PMI/Darlak property. No objection was heard to the correction. The motion carried 5-0.

Minor Subdivision joining lots 13 & 14, Block 89, Section 13, Arrowhead Lake - Property Owners - Raymond & Rosemarie Szostowski

No one was present on behalf of the above referenced Minor Subdivision. Mr. Hutchins moved to approve the Minor Subdivision joining lots 13 & 14, Block 89, Section 13, Arrowhead Lake - Property Owners - Raymond & Rosemarie Szostowski. Seconded by Mr. Zito. Discussion - none. The motion passed 5-0.

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July 5, 2005 - Page 2

Minor Subdivision to join lots 10, 11 & 12, Section 13, Arrowhead Lake - Property Owners - James & Adelia  Bryant

No one was present on behalf of the above referenced Minor Subdivision. Mr. Frutchey moved to approve the Minor Subdivision to join lots 10, 11 & 12, Section 13, Arrowhead Lake - Property Owners - James & Adelia  Bryant. Seconded by Mr. Hutchins. Discussion - none. The motion carried 5-0.

Request to re-sign the approved Lot Combination Plan - Lands of Robert Latzanich to fulfill filing requirements

No one was present on behalf of the above referenced request. Mr. Frutchey moved to re-sign the approved Lot Combination Plan - Lands of Robert Latzanich in order for him to fulfill filing requirements. Seconded by Mr. Lockwood. Discussion followed in which Mr. Washenik stated he was taking the same position opposing this plan as he did 18 months ago, because he disagreed with Tiffany Court being a Township road. The motion carried 4-1-0 (Mr. Washenik opposed).

Community Association of Pocono Farms request for a four way stop sign on the corners of Fairway and Kilmer

Thomas Sirolly, a member of the Pocono Farms Board of Directors, was present to discuss the request for a four way stop sign to be installed at the corners of Fairway Drive and Kilmer Drive. A lengthy discussion followed.

Mr. Frutchey moved to direct the Secretary to prepare an amendment to the Motor Vehicles and Traffic Ordinance by adding a stop sign on Fairway Drive with the stop sign on Kilmer Drive to create a 4-way stop at the intersection and to have the “4-way” symbol installed under each of the stop signs. Seconded by Mr. Lockwood.  Discussion followed about the time frame needed to adopt the amendment. It was the consensus of the Board to have the Road Foreman put up a flashing yellow light ahead of the 4-way stop sign for a period of 30 to 60 days to warn drivers and pedestrians that there is a change at the stop ahead.  Public comments were heard from Jerry Teicher and Cliff Otto. The motion carried 5-0.

Mr. Frutchey moved to authorize the Secretary to advertise the Amendment to the Motor Vehicles and Traffic (Township Code of Ordinances #97) to create a 4-way stop at the intersection of Kilmer Drive and Fairway Drive. Seconded by Mr. Lockwood.  Discussion followed about the amendment being adopted at the July 19, 2005 Board Meeting. The motion carried 5-0.

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Proposed Amendment to the Coolbaugh Township Code of Ordinances, #97, Chapter 10, Part 1, Storage of Motor Vehicles Nuisances; Nuisances Prohibited

Mr. Frutchey made a motion to have the Township Secretary and Zoning Officer Todd Schollhammer prepare a draft amendment with the assistance of Township Engineer Russ Kresge and to bring it back to a Board Work Session. Seconded by Mr. Hutchins. Discussion - none. The motion passed 5-0.

Coolbaugh Soccer Association request for a waiver of Certificate of Insurance for the use of the fields at the Township Municipal Park

Mr. Hutchins moved to deny the request by the Coolbaugh Soccer Association for a waiver of providing a Certificate of Insurance for the use of the fields at the Township Municipal Park. Seconded by Mr. Lockwood. Discussion ensued about what groups should be required to provide a Certificate of Insurance.  It was the consensus of the Supervisors to contact Brown & Brown for a recommendation as to what the Township should require.  Public comment was heard from Jerry Teicher and Cliff Otto. The motion carried 4-0-1 (Mr. Zito abstained).

Installation of replacement windows in the Township Historical Museum

Mr. Frutchey explained the various problems associated with replacing the windows in a structure as old as the Historical Association Museum, that stucco had pulled away from the south wall, etc. Following a lengthy discussion, it was the consensus of the Supervisors that the window installation should be done by township employees under the direction of Facility Manager Wayne Regan.

Adoption of Township Resolution Number 04-2005 re: Investment Policy

Mr. Lockwood reviewed the above referenced Investment Policy presented in the form of Township Resolution Number 04-2005 and noted that this completes one item mentioned in the Annual Audit Report from John J. Riley, Inc. Mr. Lockwood then moved to adopt Resolution Number 04-2005 re: Investment Policy. Seconded by Mr. Zito. Discussion followed regarding 502 investment objectives, the possibility of removing the words “attempt to”, etc. It was the consensus of the Supervisors that the words “attempt to” should be left as is within the policy. Public comment was heard from Jerry Teicher. The motion was called and carried 5-0.

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July 5, 2005 - Page 4

Adoption of Township Resolution Number 05-2005 re: Recycled and Environmental Preferable Products Policy

Mr. Frutchey made a motion to adopt Township Resolution Number 05-2005 re: Recycled and Environmental Preferable Products Policy. Seconded by Mr. Zito. Discussion ensued regarding the word “practicable”. The motion passed 5-0.

Sewer issues that need to be addressed that require action in order to comply with the Corrective Action Plan that was submitted to PADEP

Before the Board was a memorandum from Engineer Dave Kavitski of BCM Engineers with a  list of items that must be addressed in order to comply with the Corrective Action Plan that was submitted to PADEP.  Mr. Hutchins moved to approve the purchase of a 900 Series Refrigerated Wastewater Composite Sampler in the amount of $3,880.00.  Seconded by Mr. Lockwood.  Discussion followed about the flows coming from Wal-Mart, etc. Public comments were heard from Lynn Kelly, Jerry Teicher and Cliff Otto.  The motion carried 5-0.

It was also determined that it would be necessary to install a new permanent flow meter at the pump station and at the school. It was the consensus of the Supervisors to direct Dave Kavitski of BCM Engineers to get three prices for consideration at the next meeting.

Strunk - Albert Engineering letter re: Options to consider for the upgrade of the existing heating and air conditioning system

The HVAC Evaluation, dated May 6, 2005, for the Coolbaugh Township Municipal Building prepared by David Strunk of Strunk - Albert Engineering, which listed various options to consider was discussed at length.

Mr. Washenik moved to recommend Option number 1 (under this option the existing split system heat pump would be reused) in the amount of $10,000.00. Mr. Hutchins said he would second the motion for the purpose of discussion. Discussion ensued about the advantages with this option, which has the lowest construction cost. The disadvantages of poor temperature control in the rooms that do not have the thermostat, high operating costs because of the electric resistant heat, etc. were issues also considered. Mr. Hutchins withdrew his second to the motion. Mr. Zito seconded the motion.  Public comment was heard from Lynn Kelly, Jerry Teicher and Cliff Otto. The motion did not carry - Mr. Washenik and Mr. Zito voted yes; Mr. Frutchey, Mr. Hutchins and Mr. Lockwood voted no. 

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July 5, 2005 - Page 5

Discussion then followed on Options 2, 3 and 4.  Mr. Lockwood moved to recommend Option number 3 in the amount of $30,000,00 (under this option the control would be similar to option 1 except that it would now utilize steam heat instead of electric resistance). Seconded by Mr. Hutchins. Discussion followed about the advantages of lower operating costs for heating, etc.  Public input was heard from Jerry Teicher and Lynn Kelly.  The motion carried 3-2-0 (Mr. Washenik and Mr. Zito opposed).

Mr. Frutchey made a motion to direct Dave Strunk of Strunk - Albert Engineering to prepare the specifications and an advertisement to go out to bid for the heating and air conditioning system in Building #1.  Seconded by Mr. Lockwood. Discussion - Mr. Washenik questioned what the cost would be. It was the consensus that it may be within the parameters of the $30,000.00.  The motion carried 3-2-0 (Mr. Washenik and Mr. Zito opposed).

Consideration of Bid Award for the Installation of Traffic Signal at the Intersection of SR 940/ Summit Avenue and Commerce Street

The Bid for the Installation of the Traffic Signal at the Intersection of SR 940/ Summit Avenue and Commerce Street was advertised in the Pocono Record on June 12 and June 16, 2005 with the Bid Opening date on June 27, 2005.

Bids were received from:  Kuharchik Construction, Inc. in the amount of $171,900.00 with the alternate bid amount of $3,800.00 ( back-up power), and Northeast Signal & Electric Company, Inc. in the amount of $173,000.00 with the alternate bid in an additional amount of $4,300.00. 

Mr. Zito moved to award the Installation of the Traffic Signal Bid to Kuharchik Construction, Inc. in the amount of $171,900.00.  Seconded by Mr. Frutchey.  Discussion followed about the amount of the bids being so close, etc.  Mr. Lockwood pointed out that in a Memo dated June 30, 2005, Township Engineer Russ Kresge recommended approving the alternate bid of $3,800.00 for the optional back-up power unit, which is to provide battery back-up power for approximately three (3) hours in the event of a disruption of the electrical service.  Mr. Zito and Mr. Frutchey amended their motion to include the Alternate Bid in the amount of $3,800.00, bringing the total up to $175,700.00. The motion carried 5-0.

Current Obligations

General Fund                         -           $ 534,101.61

Escrow Account                    -           $     3,894.80

Sewer Fund                                       -           $          11.36

Total Disbursements            $ 538,007.77

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July 5, 2005 - Page 6

Mr. Lockwood moved to pay the Current Obligations.  Seconded by Mr. Hutchins.  Discussion - none.  The motion carried 5-0.

Other Business - none was presented at this point in the meeting.

Public Input

Jerry Teicher - asked if the Board had voted on the Rte. 196 Storage Building project, and was informed that it had not been voted on as yet.

Cliff Otto - brought up the matter of Wal-Mart trucks parking on the shoulders and the safety hazards associated with this practice.

Discussion followed in which Mr. Hutchins reported that Edie Kuebler complained that a Wal-Mart delivery truck had mistaken the Tobyhanna Post Office across from Kuebler’s for the Distribution Center and ended up taking down the awning. Mr. Hutchins said more directional signs were needed to avoid such problems.

Other Business

Mr. Hutchins moved to get directional signs to Wal-Mart off of Routes 423, 611 South and North and 380 North. Seconded by Mr. Lockwood. The motion carried 5-0.

Mr. Washenik moved to post a “Children at Play” sign at the eastern corner of Echo Lake Road and Greenwood Court, that could be read from Echo Lake. Seconded by Mr. Zito. Discussion - none. The motion carried 5-0.

Board of Supervisors Executive Sessions

Mr. Frutchey announced that the Board of Supervisors held an Executive Session on June 7, 2005 at 4:00 p.m. with Solicitor Hanna re: Lowe’s Conditional Use Hearing and at 6:00 p.m. re: Pending Litigation and one would be held this evening regarding Acquisition of Real Estate.