Coolbaugh Township

Board of Supervisors

May 24, 2005 - Page 1

The Coolbaugh Township Board of Supervisors May 24, 2005 Regular Meeting was held in the Township Municipal Center, in building #3, at 5550 Memorial Boulevard, Tobyhanna, Pennsylvania.

Public Hearing - Conditional Use Application - Lowe’s Home Centers, Inc.

Prior to the May 24, 2005 regular meeting of the Board of Supervisors, a Public Hearing was held at 6:00 p.m. to consider public comment regarding a Conditional Use Application for Lowe’s Home Centers, Inc.

Public Hearing - Regional Comprehensive Plan

Prior to the May 24, 2005 regular meeting of the Board of Supervisors, a Public Hearing was held at 6:30 p.m. to consider public comments on the Regional Comprehensive Plan for the Townships of Coolbaugh, Tobyhanna, Tunkhannock and the Borough of Mount Pocono, including revisions to Chapter 3.

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.

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 is considered at the end of the meeting for other issues.

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May 24, 2005 - Page 2

Approval of Minutes

Mr. Hutchins made a motion to approve the April 26, 2005 Minutes as presented and dispense with the reading.  Seconded by Mr. Lockwood.  Discussion - none.  The motion carried 5-0.

Mr. Washenik made a motion to approve the May 3, 2005 Minutes as presented and dispense with the reading.  Seconded by Mr. Hutchins.  Discussion - none.   The motion carried 5-0.

Monthly Reports

Coolbaugh Township Volunteer Fire Company

No one was present to present the monthly report for the Township Fire Company.

Monroe County Road Task Force

Mr. Frutchey reported that he attended the May MC Road Task Force meeting.  He presented Coolbaugh Township’s road projects, which included the repair and widening of the shoulders on SR 196. The next Road Task Force meeting will be on Tuesday, June 7, 2005 at 9:30 a.m.

Pocono Mountain Regional Emergency Medical Services

Mr. Zito attended the meeting of the PMREMS on Thursday, May 12, 2005. He reported the organization has collected $40,000.00 in donations and that they currently believe that by the end of the year they will be in a deficit of $19,000.00.  To date there have been 1237 calls and 51% were in Coolbaugh Township.  He encouraged everyone to send in their membership donations.  The next meeting will be on Thursday, June 9, 2005 at 7:00 p.m. in Tobyhanna Township.

Pocono Mountain Regional Police

Mr. Frutchey read the Summary of Activities for the PMRPD for the month of May 2005 as follows: 1328 complaints, 60 accidents, 115 criminal arrests, 231 traffic arrests, 193 traffic warnings, 21 ordinance arrests for a total of 1388 calls within the area covered by the regional police, which includes Tobyhanna, Tunkhannock and Coolbaugh Townships and the Borough of Mount Pocono.

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Blue Ribbon Task Force (BRTF)

Mr. Washenik reported that he and Mr. Zito attended the May 13, 2005 meeting of the BRTF held in Pittston, PA. He noted that an amazing amount of work has been done by the consultants whose goal it is to save the Tobyhanna Army Depot in the latest rounds of base closures around the country. Changes can still be made to the initial announcement of base closures, but if the depot is not on the list by August 1, 2005, it will be safe and may even have additional jobs assigned to its location. Public comment was heard from Walt McGrath, who asked what jobs will be coming to this area if all goes well.

Bloom Minor Subdivision Application re: access issues

William Shilling, Esq., the attorney for the Blooms was not yet present at the meeting. Pastor Bloom asked if the Board could move forward on the Agenda until Mr. Shilling arrived. The meeting continued on to the next item on the Agenda.

Minor Subdivision to join lots 1 & 2, Block A-1903, Section 19, Arrowhead North, Property Owners - William and Catherine Eckhardt

Mr. Zito moved to approve the Minor Subdivision to join lots 1 & 2, Block A-1903, Section 19, Arrowhead North, Property Owners - William and Catherine Eckhardt. Seconded by Mr. Lockwood. Discussion - none. The motion carried 5-0.

Minor Subdivision to join lots 1729B & 1824, Section H, Pocono Farms, Property Owners - James & Mary Beth Sturtevent

Mr. Zito moved to approve the Minor Subdivision to join lots 1729B & 1824, Section H, Pocono Farms, Property Owners - James & Mary Beth Sturtevent. Seconded by Mr. Lockwood. A brief discussion followed regarding the no through driveway and drainage easement. The motion passed 5-0.

Minor Subdivision to join lots 72 & 73, Section F, A Pocono Country Place - Property Owners - Anthony & Patricia Ventriello

Mr. Hutchins made a motion to approve the Minor Subdivision to join lots 72 & 73, Section F, A Pocono Country Place - Property Owners - Anthony & Patricia Ventriello. Seconded by Mr. Lockwood. Discussion - none. The motion carried 5-0.

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Township Resolution #04-2005 re: Regional Comprehensive Plan for Coolbaugh Township, Mount Pocono Borough, Tobyhanna Township and Tunkhannock Township

Mr. Lockwood moved to approve Township Resolution #04-2005 re: the Regional Comprehensive Plan for Coolbaugh Township, Mount Pocono Borough, Tobyhanna Township and Tunkhannock Township, which includes the revisions to Chapter 3. Seconded by Mr. Hutchins.

Discussion followed in which Mr. Washenik said too much time has passed since the plan was approved in 2003 and questioned whether the regional concept can work. He pointed out that member municipalities have diverse populations: Coolbaugh Township at 15,205, Tobyhanna Township at 6,152, Tunkhannock Township at 4,983 and the Borough of Mount Pocono at 2,742. To have one member representative from each municipality involved in planning does not seem right. Mr. Hutchins said the group of representatives can make recommendations, but no one can vote until it comes back before each respective Board. A lengthy discussion followed. Public comment was heard from Walt McGrath and Steve Planchock.

The motion was called and carried 3-2-0 (Mr. Washenik and Mr. Zito opposed).

Strunk - Albert Engineering re: Evaluation of the HVAC system in building #2

Mr. Hutchins made a motion to table discussion of Strunk - Albert Engineering re: Evaluation of the HVAC system in building #2. Seconded by Mr. Zito. Discussion followed in which it was determined that arrangements should be made for the Township Engineer to meet with Mr. Strunk to discuss the matter. The motion passed 5–0.

Authorization to Township Engineer to draw up new cost estimate and drawings re: Community Services Project Incubator through the Community Development Block Grant

Mr. Frutchey moved to authorize Township Engineer Russ Kresge to draw up a new cost estimate and drawings re: Community Services Project Incubator through the Community Development Block Grant. Seconded by Mr. Hutchins. Discussion - none. The motion carried 5-0.

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May 24, 2005 - Page 5

Pocono Summit Lake Property Owner’s Association, Inc. - request for assistance in obtaining a dry hydrant

James P. Wilson, President of the Pocono Summit Lake Property Owner’s Association, Inc. was present on behalf of the above referenced request. Mr. Wilson said they need help with the installation of the hydrant and are also requesting an additional hydrant. Discussion followed regarding the Township assisting in the completion of the necessary PA DEP application.

Mr. Frutchey suggested that Mr. Wilson meet with the Pocono Summit Volunteer Fire Company Chief for his input and give the Township a map of the proposed locations for the hydrant.

Mr. Washenik made a motion to have Coolbaugh Township work in cooperation with the Pocono Summit Lake Property Owner’s Association in order to assist them in obtaining a dry hydrant. Seconded by Mr. Hutchins. Further discussion ensued in which Mr. Wilson reiterated that they would benefit even more by having two hydrants. The motion passed 5-0.

2005 State Transportation Commission Public Hearing - 12 Year Program re: letter of support for projects

Discussion followed regarding letters sent to the State Transportation Commission in the past requesting support for local projects.

Mr. Frutchey made a motion to take the last two letters and combine them in a new letter. Seconded by Mr. Lockwood. The motion passed 5-0.

CWTC for Life, Inc. request to use basketball courts at the Township Park

Mr. Zito reported that he contacted the CWTC for Life, Inc. Coach, Jeffrey Wilder and presented an overview of their conversation regarding the details of the organization, fees, number of children, parent volunteers, etc. Discussion followed.

Mr. Zito moved to grant Coach Jeffrey Wilder’s request for use of basketball courts and fields at the Township Park by the CWTC For Life, Inc. organization, in accordance with the dates submitted and that they provide a Certificate of Insurance and waivers from the children. Seconded by Mr. Hutchins. Discussion ensued in which it was determined that any revisions of their schedule of dates should be submitted to the Receptionist and passed along to the Township Secretary.

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May 24, 2005 - Page 6

Mr. Zito said he will ask Mr. Wilder for a complete schedule. The Supervisors agreed that this was a chance to put the basketball courts to use, as they are not currently being used on a regular basis. Public comment was heard from Walt McGrath.

Requests from the Township Parks & Recreation Commission

Bank to Bank prop from Skatewave

Clare Colgan was present on behalf of the above referenced requests. She explained an arrangement regarding the sale of a prop already owned by the Township, in order to purchase the Bank to Bank prop at a discount of $1,600.00 off the price of $7,700.00 for a total of $6,100.00, through Will Hillburn, a representative of Skatewave.

Solicitor Hanna advised that the Township can sell the Township’s prop to another municipality, otherwise it had to advertised for sale. Discussion - Joe O’Boyle and Clare Colgan discussed the Picnic Bench prop.

Mr. Hutchins moved to approve the purchase of the Bank to Bank prop from Skatewave through the State Contract in the amount of $6,100.00. Seconded by Mr. Lockwood. Discussion followed in which it was determined that the Parks and Recreation Commission members should get together with Mr. Hillburn and compile a list of municipalities with skate parks and contact them to see if they are interested in purchasing the Picnic Bench prop.

4 park benches from Belson

Discussion followed regarding the cost of each bench at $295.00, the reasoning behind the request, that the benches will be anchored in cement and placed strategically to assist the handicapped, etc. Mr. Zito moved per the request from the Parks and Recreation Commission to purchase four (4) park benches (Item # T6WB-1) from Belson in the amount of $295.95 each (plus delivery charge). Seconded by Mr. Lockwood. Discussion - Mr. Hutchins asked if waste containers will be placed by the benches. The motion carried 5-0.

Request for Quotations

Cellular Phones Upgrade

The following vendors were contacted for a quotation to upgrade the cellular phones: Verizon Wireless, Nextel, Cingular Wireless, and Cellular One.  Mr. Frutchey and Mr. Hutchins talked to the police department and Mr. Frutchey contacted Tobyhanna Township to see which cellular service they used and if they were satisfied.

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May 24, 2005 - Page 7

Discussion followed regarding contracts, purchase of new phones, replacements, etc. It was determined that Mr. Frutchey would contact Verizon and ask to try a few of their push-to-talk phones for a month, with the Township paying for the calls made.

Boiler Room Floor Drains - Building #2

The following vendors were contacted for a quotation to install floor drains in the boiler room in Building #2:  Beehler Construction in the amount of $1,800.00; Dailey & Flaherty Masonry did not provide a quote; John Grimley Masonry did not provide a quote.

Mr. Hutchins made a motion to award the installation of the floor drains in the boiler room of Building #2 to Beehler Construction in the amount of $1,800.00.  Seconded by Mr. Lockwood.  Discussion followed about the work being performed after hours.  The motion carried 5-0.

Re-roofing of dugouts at Township Park

The following vendors were contacted for a quotation to re-roof dugouts at the Township Municipal Park: Beehler Construction in the amount of $3,480.00; Billy Flaherty in the amount of $2,000.00; John Grimley Masonary did not provide a quote and Rocco Hilburn General Contracting in the amount of $2,724.04.

Mr. Hutchins made a motion to approve Billy Flaherty’s quotation to re-roof the dugouts at the Township Municipal Park in the amount of $2,000.00, plus an additional cost of $40.00 a piece for sheathing to replace damaged sheathing.  Seconded by Mr. Zito.  Discussion ensued regarding shingle and dugout colors.  The motion carried 5-0.

Trash Removal

The following vendors were contacted for trash removal at the Township Municipal Center for one 6 yard dumpster for pick-up once a week, at the Township Road Garage for one 6 yard dumpster for pick up once a week, at the Township Municipal Park, for one 3 yard dumpster for pick up once a week for seven months, and one 2 yard dumpster that is an on-call pick up at the Waste Water Treatment Plant: Waste Management at $403.00 a month; ERT Waste Services at $340.00 a month; Northeast Cartage did not provide a quote; Joseph Hopkins & Company, Inc. did not provide a quote.

Mr. Hutchins moved to award ERT Waste Services the quotation for the trash removal at $340.00 per month for a period of one year at the above referenced locations.  Seconded by Mr. Frutchey.  Discussion - none. The motion carried

5-0.

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May 24, 2005 - Page 8

Bloom Minor Subdivision Application re: access issues

The Supervisors returned to the above referenced Item #3 on the Agenda. William Shilling, Esq., an attorney with Anders & Masington, LLC was present on behalf of the access issues associated with the Bloom’s application for a minor subdivision plan approval.

A lengthy discussion followed regarding the many communications exchanged about access issues, the proposed locations, that Pocono Farms East would not grant the Blooms an access easement, etc. Based on Pocono Farms East’s position, Pastor Bloom spent approximately $10,000.00 to obtain permits and/or approvals from PennDOT for access through the signal at Echo Lake Road and SR 196. Mr. Shilling argued that to ask Pastor Bloom to continue negotiating with Pocono Farms East for an access easement at this juncture would be burdensome and unnecessary. He asked for approval to sign the PennDOT traffic signal plans so Pastor Bloom could move forward.

A break in the meeting was called at 8:30 p.m. to allow the Township Secretary to see if the Township was in possession of any Traffic Plans. The meeting reconvened at 8:45 p.m. It was determined that Traffic Plans were not yet received.

Mr. Frutchey moved to table discussion of the proposed Bloom Minor Subdivision application access issues until traffic plans are received. Seconded by Mr. Hutchins. The motion carried 5-0.

Authorization to advertise the sale of DPW Equipment by Coolbaugh Township

Mr. Lockwood made a motion to authorize the Secretary to advertise the Sale of DPW Equipment as follows: a 1989 Simplicity 12.6 h.p. 42" lawn mower; a 1991 Gravely 30 h.p. 72" lawn mower; a 1993 Snapper 10 h.p. 2- stage snow thrower and a low profile tailgate spreader - model 1000 receiver mount.  Seconded by Mr. Hutchins  Discussion - none. The motion carried 5-0.

Target Homes request for a $343.60 refund that was paid for Zoning Permit #568-04 and Driveway Permit #178-04 due to construction funding not being available

Mr. Washenik made a motion to deny the request for a refund. Seconded by Mr. Zito. The matter of the expiration date of the Zoning Permit was discussed, as well as not making it a policy to grant refunds, etc. Public comment was heard from Steve Planchock. The motion was called and passed 3-2-0 (Mr. Frutchey and Mr. Hutchins opposed).

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May 24, 2005 - Page 9

Consideration of Award of Bid for Anti-Skid Material

The Bid for approximately 5000 Tons of Anti-Skid Material, Type 2, 3, 3A, 3B or 6S was advertised in the Pocono Record on Wednesday, May 4, and Sunday, May 8, 2005 with a Bid Opening on Thursday, May 19, 2005.

The following bids were received: Hanson Aggregates Pennsylvania, Inc. who bid Type 2 at $8.00 per ton; Edwards Sand & Stone who bid Type 3A at $9.50 per ton and Eureka Stone Quarry, Inc. (Daleville Plant) for Type 6S at $7.35 per ton.

Before the Board was a letter from Township Engineer Russ Kresge who reviewed the bids received for the anti-skid material.  Mr. Kresge advised the Board members that each of three types of material received one bid. Therefore, based on the Special Provisions to the Bid Contract, they could award the contract to the supplier of the material type preferred.

Mr. Hutchins moved to award the Anti-Skid Bid to Eureka Stone Quarry, Inc. (Daleville Plant) in the amount of $7.35 per ton, for a total of $$36,750.00 per the recommendation of Road Foreman Neil Hay.   Seconded by Mr. Frutchey.  A lengthy discussion followed.  Public comment was heard from Dave Pope and Cliff Otto. The motion carried 3-2-0 (Mr. Washenik and Mr. Zito opposed).

Authorization for Dave Kavitski of BCM Engineers to work with the Engineer from Walmart Distribution Center - P.O. #4531

Mr. Hutchins moved to authorize Dave Kavitski of BCM Engineers to work with the Engineer from the Walmart Distribution Center - P.O. #4531. Seconded by Mr. Zito. Discussion followed. Mr. Hutchins amended his motion to include “in the not to exceed amount of $20,000". Mr. Zito seconded the amended motion. The motion carried 5-0.

Walmart Distribution Center Proposal re: excess sewer flows

Details of Wal-Mart’s proposal for payment of fees for excess sewer flows are to be discussed in an Executive Session. However, the Supervisors acknowledged that Wal-Mart is working to address the excess flow problems.

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May 24, 2005 - Page 10

Current Obligations

General Fund                                     $ 131,696.91

Escrow Fund                                     $     7,318.00

Sewer System Fund             $   12,618.11

Total Disbursements            $ 151,633.02

Mr. Lockwood moved to pay the Current Obligations for the total disbursements of $151,633.02.  Seconded by Mr. Frutchey.  Discussion - none.  The motion carried 5-0.

Other Business

Dumping of Trash behind the Road Department Garage

It was reported that illegal dumping of trash was taking place behind the Road Department Garage. It was determined that signs will be made up and posted there to try and deter the problem.

Audit Report from John J. Riley, Inc.

            Mr. Lockwood commented on the recent Audit Report received from the accounting firm of John J. Riley, Inc., and noted that the staff did a great job, etc. He also briefly explained the new accounting requirements of GASB 34, which effects the audits from now on. Discussion followed. Public comment was heard from Steve Planchock.

FEMA Reimbursement Application for damages to roads during the April 2005 Floods

Mr. Frutchey reported that an Application for the above referenced reimbursement was completed by Administrative Assistant Jeri Inness, who did an excellent job. The Township may receive approximately $26,000, upon FEMA approval of the application.

Public Input

Dave Pope - thanked Chairman Frutchey and the Board for handling the sewage problem effecting his property, as reported by him at the last meeting. He also asked about the matter of a business operating in a residential zone and leash laws for dogs and cats. He was given a Service Request to fill out with his concerns.

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Cathy Rodriquez - brought up matters concerning the Right to Know Act and public information, and she also addressed the unleashed dog and cat problems with ideas concerning a trap and neuter program and starting an educational program to educate pet owners about keeping their animals inside, noting that there is a similar county program, etc.

Chairman  Frutchey - said the Fire Company passed a motion years ago not to allow political signs on the Fire Company properties and will not allow it from now on.

Clare Colgan - asked if the Township has any regulations regarding election signs. Discussion followed.

Joe O’Boyle - commented that the stop bar at the signal on Echo Lake Road and SR 196 needed maintenance. He also complained that tractor trailers were creating a dangerous situation by continuing to park on the shoulders of SR 611 and blocking the view of oncoming traffic. Mr. O’Boyle was advised that Wal-Mart is planning to put in a parking lot for the tractor trailers.

Lynn Kelly - said she had a frightening personal experience while trying to blindly pull out onto 611 while tractor trailers were parked on the shoulders.

Cliff Otto - said cars were parked on the shoulders near Laurel Drive protruding  into the traffic lanes.

Chairman Frutchey - recommended that the Township make a request to PennDOT to put up No Parking signs on the shoulders. Discussion followed about a letter received from PennDOT regarding the matter.

Board of Supervisors Executive Sessions

Mr. Frutchey announced that the Board of Supervisors held an Executive Session on Tuesday, April 26, 2005 at 6:45 p.m. regarding Personnel Issues. There will be an Executive Session on Tuesday, June 7, 2005 at 6:00 p.m. regarding Pending Litigation, and after the meeting tonight, May 24, 2005, an Executive Session will be held re: Pending Litigation and Personnel.