Coolbaugh Township

Board of Supervisors

October 18, 2005 - Page 1

The Coolbaugh Township Board of Supervisors, October 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 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, 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 is considered at the end of the meeting for other issues.

Approval of October 4, 2005 Regular Meeting Minutes

Mr. Washenik moved to approve the October 4, 2005 Regular Meeting Minutes as presented and dispense with the reading. Seconded by Mr. Hutchins. Discussion - none. The motion carried 4-0.

2005 Monthly Reports

Coolbaugh Township Volunteer Fire Company

Chief Bill Weimer was not present to go over the September 2005 Monthly Report for the Coolbaugh Township Volunteer Fire Company. Joe O’Boyle, present in the audience, said the fire company was very busy with their Haunted House and that they were doing well so far. The Haunted House will be open on Friday and Saturday up until the weekend of Halloween, when it will be open on Friday and Saturday October 28, 29 and Sunday and Monday October 30 and 31, 2005.

Board of Supervisors

October 18, 2005 - Page 2

Environmental Advisory Council

Discussion - hunting on the Open Space Property (former lands of Hoodak)

Mr. Washenik noted the location of the Hoodak property behind Pocono Farms East, and reported that the Monroe County Planning Commission and PA Game Commission do not have specifics on whether hunting should or should not be allowed on Open Space property. He suggested a one year moratorium on hunting on the property, until it is better managed. A lengthy discussion followed regarding whether hunting should be allowed, liability issues, the EAC getting a management plan from the Pocono Land Trust, etc. It was determined that hunting will be allowed on the property, but it will not be advertised. No further action followed.

Naming of the Open Space Project

Discussion followed regarding the recent EAC meeting and suggestions  for naming the Open Space property, formerly known as the Hoodak property. Two names were considered as top choices, Devil’s Hole Gorge Recreation Park and Tannery Park, with Tannery Park being the first choice.

Mr. Washenik moved to name the area known as the Open Space Hoodak Property, Tannery Park. Seconded by Mr. Frutchey. The motion carried 4-0.

Monroe County Road Task Force

Mr. Frutchey read a report from a meeting of the MC Road Task Force held on Tuesday, October 11, 2005. He reported on some of the improvements being made to roadways, including SR 80, SR 715 and SR 611. The Task Force also discussed the Stroud area 611 project and costs involved. State Representative Mario Scavello gave an update on numerous projects in the county. Updates were given on Rte. 940 and Carlton traffic lights, which should be operational by now.

Safety Enhancement monies and the gas tax were also a topics of discussion. Concerns were expressed about the effects of the state stopping collection of gas taxes, and that in 2007 there will be a telephone surcharge of $1.25 on land lines that cell phones already pay. The next meeting of the MC Road Task Force will be held on November 1, 2005 at 9:00 a.m. in the MC Administrative Center.

Pocono Mountain Regional Emergency Medical Services

Mr. Zito requested that the PMREMS report be moved to the next meeting.

Board of Supervisors

October 18, 2005 - Page 3

Pocono Mountain Regional Police

Mr. Frutchey read the Summary of Activities for the PMRPD for the month of September 2005 as follows: 1301 complaints, 76 accidents, 147 criminal arrests, 245 traffic arrests, 187 traffic warnings, 5 ordinance arrests for a total of 1377 calls within the area covered by the regional police, which includes Tobyhanna, Tunkhannock and Coolbaugh Townships and the Borough of Mount Pocono.

Power point presentation by Jane Roach - Coolbaugh Voting District 3            

Ms. Roach was not present at this time; therefore, the Supervisors agreed to continue on to the next Agenda item.

Pocono Mountains Industries Minor Subdivision Plan

Before the Board was a letter from Chuck Leonard of Pocono Mountains Industries (PMI), requesting that discussion of the above referenced Minor Subdivision Plan be tabled at tonight’s meeting.

Mr. Frutchey moved to table the Pocono Mountains Industries Minor Subdivision Plan. Seconded by Mr. Hutchins. Discussion - none. The motion carried 4-0.

Preliminary Land Development Plan, Hemlock Estates, Arcadia Homes of the Lehigh Valley, LLC

Attorney Jim Preston, Paul A. Szewczak of Liberty Engineering, Charles R. Diaconte, Richard E. Thulin and Shawn K. Langen of Arcadia Properties, LLC were present on behalf of the above referenced project, which proposes to put 48 townhouse units on 16.33 acres. Mr. Preston pointed out that the plan had come before the Planning Commission and Zoning Hearing Board.

Paul Szewczak of Liberty Engineering went through all of Township Engineer Russ Kresge’s comments in a letter dated October 18, 2005. Topics of discussion included the Zoning Hearing Board granting approval of the applicant’s request for a Special Exception for construction within the flood plain, a sewage disposal system design, the proposed Declaration of Covenants, Conditions and Restrictions and the proposed Bylaws which must be provided for a review by the Township Solicitor, access issues, an easement needed from adjacent property owner, Pocono Farms, to construct the channel along Hemlock Drive, Open Space and natural features concerns, approval of the erosion and sediment pollution control plan by the MCCD, the issuance of an NPDES permit, a maintenance agreement for storm water facilities executed with the Township prior to final approval, pipe sizing detail and outlet invert noted correctly on plans, etc. Discussion followed.

Board of Supervisors

October 18, 2005 - Page 4

Mr. Washenik made a motion, based on the Planning Commission’s recommendation, to deny the Preliminary Land Development Plan, Hemlock Estates, Arcadia Homes of the Lehigh Valley, LLC. Seconded by Mr. Zito. Public comment was heard from Bruce and Joyce Hanby, Ron and Yvonne Rockwell, Andy Sterner, Alma I. Ruiz-Smith, Margaret Sirolly, and Robert Matthews. The motion was called and failed 2-2 (Mr. Washenik and Mr. Zito voted yes and Mr. Frutchey and Mr. Hutchins voted no). A lengthy discussion followed.

Mr. Frutchey moved to approve the Preliminary Land Development Plan, Hemlock Estates, Arcadia Homes of the Lehigh Valley, LLC, conditioned upon the following being addressed as outlined in Township Engineer Russ Kresge’s letter dated October 18, 2005: 1) Chapter 22 - Subdivision and Land Development: §402D(17), §402E(9) and §502.9B.: the receipt of the sewage disposal system design and verification that the areas reserved for sewage disposal are adequate per the Township Sewage Enforcement Officer. §502.17D and §502.21C.: an emergency gravel driveway, proposed as a second means of access, is deemed acceptable by the Board and is substantial enough to accommodate the 20 ton aerial fire truck; the access road must be kept open and be maintained year-round so fire and ambulance vehicles can respond to emergencies.  §402E(9)(d) and §502.9B & 11B.: approval of the community sewage disposal system by the Township. §502.3B.: approval of the erosion and sediment pollution control plan by the MCCD and an NPDES permit is received, prior to final approval. 2) Chapter 26, Part 2 - Stormwater Management and Earth Disturbance: §223A(8) and §235.2B(7) and Appendix C, Section 303 G.: an alternative plan to pipe storm water along Hemlock Drive from the project to discharge on the west side near the Clear Run, bypassing the existing box culvert must be submitted and reviewed and deemed satisfactory by the Township Engineer. §274A.: prior to final plan approval, an agreement for the maintenance of the stormwater facilities must be executed with the Township. This agreement must include the inspection provisions of §251. Appendix E, §2.3A(6).: the pipe size in the detail of the drain under Detention Basin No.1 must be corrected and the outlet invert must be also corrected in the profile of Detention Basin No 1. 3) a Township driveway permit is issued for the proposed intersection of Sharbaugh Road East with Hemlock Drive; sight distances satisfactory to the Road Foreman are established and maintained.  4) the sight distance along Hemlock Drive to the south is improved. Seconded by Mr. Hutchins.

Discussion followed in which Mrs. Frutchey was directed to forward a copy of the proposed Declaration of Covenants, Conditions and Restrictions and the proposed Bylaws to the Township Solicitor. Public comment was heard from Bruce and Joyce Hanby, Ron and Yvonne Rockwell, Andy Sterner, Alma I. Ruiz-Smith, Margaret Sirolly, and Robert Matthews. Chuck Diamonte of Arcadia Properties and Attorney Jim Preston addressed concerns from property owners adjacent to the proposed project, regarding landscaping, buffers, etc. Mrs. Frutchey was directed to read back the motion. The motion was called and carried 4-0.

Board of Supervisors

October 18, 2005 - Page 5

Mildred Hansen Minor Subdivision Plan

Marv Walton of Niclaus Engineering was present on behalf of the above referenced Minor Subdivision plan. He explained that the applicants want to build an addition on a house on one property, but the expansion is restricted by a lot line, which they would like to remove.

Mr. Washenik made a motion to approve the Mildred Hansen Minor Subdivision Plan, based on the Planning Commission’s recommendation. Seconded by Mr. Hutchins. Discussion - none. The motion passed 4-0.

The meeting returned to Agenda item #3, as Attorney Jane Roach arrived to make her presentation at approximately 8:40 p.m.

Power point presentation by Jane Roach - Coolbaugh Voting District 3

Attorney Jane Roach said she was speaking on behalf of both political parties in finding solutions to the voting problems in our area, which were highlighted during the 2000 Presidential election. Discussion followed regarding the number of voting machines needed for the Monroe County precincts, which have 98,769 registered voters. Of special concern are the number of precincts, voting machines, and poll workers needed in Coolbaugh Township, particularly at Coolbaugh 3. 

Ms. Roach concluded her presentation with a suggestion to have voting take place in the local schools, using honor students as poll workers; changes should be made before new voting machines are put into use; there should be an active recruitment of poll workers and student volunteers, and the pay offered poll workers should be reviewed, etc. Public comment was heard from Walt McGrath, Werner Frank and Brian Sutherland. The Supervisors thanked Ms. Roach for her presentation.

Extension request - Lowe’s Home Centers, Inc. / Pocono Star Properties, Inc. - Minor Subdivision Plan and Preliminary Land Development Plan            

Mr. Washenik moved to approve, per the Planning Commission’s recommendation, the extension request from Lowe’s Home Centers, Inc. / Pocono Star Properties, Inc. - Minor Subdivision Plan and Preliminary Land Development Plan until January 3, 2006. Seconded by Mr. Hutchins. Discussion - none. The motion carried 4-0.           

Board of Supervisors

October 18, 2005 - Page 6

Minor Subdivision to join lots 61 & 62, Section C, A Pocono Country Place  - Property Owners - Vasil and Martha Koneval

Mr. Frutchey made a motion to approve the Minor Subdivision to join lots 61 & 62, Section C, A Pocono Country Place  - Property Owners - Vasil and Martha Koneval. Seconded by Mr. Hutchins. Discussion - none. The motion passed 4-0. 

Minor Subdivision to join lots 585, 586 & 588, Section J, A Pocono Country Place - Property Owner - Antonino Como

Mr. Washenik made a motion to approve the Minor Subdivision to join lots 585, 586 & 588, Section J, A Pocono Country Place - Property Owner - Antonino Como. Seconded by Mr. Frutchey. Discussion - none. The motion carried 4-0.

Minor Subdivision to join lots 10 & 12, Block A-79, Section 12 - Arrowhead Lake - Property Owners - Ann & Kenneth Phillips Jr.

Mr. Hutchins moved to approve the Minor Subdivision to join lots 10 & 12, Block A-79, Section 12 - Arrowhead Lake - Property Owners - Ann & Kenneth Phillips Jr. Seconded by Mr. Frutchey. Discussion - none. The motion passed 4-0.

Snow Removal Agreement with Adam Beers for Coolbaugh Road

Mr. Zito made a motion to approve the snow removal agreement with Adam Beers for Coolbaugh Road beginning October 18, 2005 until May 30, 2006. Seconded by Mr. Frutchey. Discussion - none. The motion carried 4-0. 

Bid Award - 1997 International Single Axle Plow Truck 

The 1997 International Single Axle Plow Truck was advertised in the Pocono Record on Friday, September 23, and Wednesday, September 28, 2005, with a bid opening on Wednesday, October 12, 2005. The following bids were received: Hazleton Mt. Laurel Enterprises, Inc. in the amount of $8,791.00, Seigworth Road Supply in the amount of $20,222.02 and Emerald Lakes Association, Inc. in the amount of $23,500.00.

Mr. Hutchins made a motion to award the bid for the 1997 International Single Axle Plow Truck to Emerald Lakes Association, Inc. for the amount of $23,500.00. Seconded by Mr. Frutchey. Discussion followed in which Mr. Hutchins said he had spoken to vendors and determined that this was a good, fair price. Public comment was heard from Cliff Otto. The motion passed 4-0.

Board of Supervisors

October 18, 2005 - Page 7

State Contract Bid  - Toshiba e-Studio 351C Digital Copier 

Mr. Hutchins made a motion to approve the State Contract Bid for a Toshiba e-Studio 351C Digital Copier for purposes of discussion. Seconded for discussion by Mr. Zito. It was determined that the color copying should be carefully monitored and the number of copies documented, that the copier was only for use by second floor administrative staff, etc. The motion carried 4-0.  

Purchase of Computer System Permit Tracking Software

Mr. Hutchins gave an overview of the software, noting where the funds would come from, that communication between the Townships and Guardian Inspection Services will be increased and eliminate crossing of paths with information, etc.

Mr. Hutchins made a motion to approve up to $14,350.00 for the CS-Graphix CSG Permit Manager software. Seconded by Mr. Frutchey. Public comment was heard from Lynn Kelly and Steve Planchock. The motion was called and carried 3-1 (Mr. Washenik opposed).

Proposal from Hazleton Oil & Environmental, Inc. - removal of waste oil

Based on information that Road Foreman Neil Hay opposed the proposal from Hazleton Oil & Environmental, Inc., no action was taken.

Current Obligations

General Fund                         -           $757,489.85

Escrow Fund                         -           $    1,549.00

Sewer Fund                                       -           $  25,870.81

                                                                                    Total Disbursements -          $ 784,909.66

Mr. Hutchins moved to pay the Current Obligations in the amount of $784,909.66. Seconded by Mr. Frutchey. Discussion followed in which it was noted that the amount of the Current Obligations was high, due to payments to Pocono Mountain Regional Police Department, Papillon and Moyer and the Coolbaugh Township Volunteer Fire Company Relief Association, that the Township receives funds for the fire company from the State and passes it through to them, etc. The motion passed 4-0.

Board of Supervisors

October 18, 2005 - Page 8

Release of remaining allocated 2005 donations

It was pointed out that the Tobyhanna Conservation Association was supposed to submit a copy of an insect study to the Township, which has not yet been done.

Mr. Zito made a motion to release the remaining allocated 2005 donations as follows: VFW 509 in the amount of $1,500.00, VFW 3448 in the amount of $1,500.00, Pocono Mtn. Hunger Ministry in the amount of $1,500.00, Monroe County Arts Council in the amount of $350.00, the Deer Removal program in the amount of $2,000.00, Gouldsboro Fire Company in the amount of $20,000.00, the Pocono Summit Volunteer Fire Company in the amount of $35,000.00 and to hold the donation to the Tobyhanna Conservation Association until the matter of the insect study is cleared up. Seconded by Mr. Frutchey. The motion passed 4-0.

Other Business 

Survey of Wiley Property

Discussion ensued regarding the need for a survey of the Wiley property prior to its purchase for Open Space. Mr. Washenik made a motion to hire a surveyor to survey the Wiley property for a not to exceed amount of $6,000.00. Seconded by Mr. Zito. The motion carried 4-0.

Public Input 

Werner Frank - commented that there is flooding by S & K Construction Co. on SR 196, new business signs are posted, have permits been issued for them, etc. He also asked what can be done about debris at Centennial Court Estates.

Steve Planchock - said they were selling food at a trailer by the road at the Salvation Army, was this allowed, should the Zoning Officer go and inspect it, was septic an issue, etc.

Public Hearing - Pocono Community Church, Inc.

A brief discussion followed regarding not using Building # 2 for the upcoming Public Hearing, that the Maintenance garage would be better, etc. Mrs. Frutchey was asked to contact the Coolbaugh Elementary Center to see if we can use space there.