Coolbaugh Township

Board of Supervisors

September 6, 2005 - Page 1

The Coolbaugh Township Board of Supervisors, September 6, 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. 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 August 16, 2005 Regular Meeting Minutes and August 23, 2005 Special  Meeting Minutes

August 16, 2005 Regular Meeting Minutes

Mr. Hutchins made a motion to approve the August 16, 2005 Regular Meeting Minutes and dispense with the reading. Seconded by Mr. Lockwood. Discussion - Mr. Washenik pointed out that his motion on page 7 regarding Line Painting on Echo Lake Road should be corrected to include “not to process the payment (Interstate Road Management) until the line painting job is done correctly”. Discussion followed.  Mr. Hutchins and Mr. Lockwood agreed to the change.  Public comment was heard by Steve Planchock. The motion carried 5-0.

August 23, 2005 Special Meeting Minutes

Mr. Hutchins moved to approve the August 23, 2005 Special Meeting Minutes and dispense with the reading. Seconded by Mr. Lockwood. Discussion - none. The motion passed 4-0-1 (Mr. Zito abstained as he was not present at the meeting).

Board of Supervisors

September 6, 2005 - Page 2

Request for an extension  - Scavello 940 Minor Subdivision/Lot Combination Plan and Preliminary/ Final Land Development Plan

Mr. Hutchins made a motion to grant the applicants’ request for an extension until November 15, 2005 on the Scavello 940 Minor Subdivision/Lot Combination Plan and Preliminary/ Final Land Development Plan. Seconded by Mr. Frutchey. Discussion - Mr. Hutchins asked if the time frame was acceptable - which it was. The motion carried 5-0.

Minor Subdivision joining lots 39 - 51, Block 24, Pocono Gardens, Plot 1- Property owners - Richard & Jeanette Meckes

Mr. Zito moved to approve the Minor Subdivision joining lots 39 - 51, Block 24, Pocono Gardens, Plot 1 - Property owners - Richard & Jeanette Meckes. Seconded by Mr. Lockwood. A brief discussion followed about the plan being hi-lighted incorrectly. The motion passed 5-0.

Review of Coolbaugh Township’s Towing Policy

A lengthy discussion followed regarding the pros and cons of the Township Towing Policy.  Present in the audience were:  Brian Neipert of Brian’s Tobyhanna Salvage, Eugene and Robin Murray of Murray’s Towing (both businesses are listed in the Township Towing Policy).  Edward Cardiello of Ed’s Towing and Recovery is interested in having his business included as one of the towing providers in the Policy, since the former Vince’s Sunoco is no longer in business and the new owner has not expressed an interest in offering towing services.

Mr. Hutchins made the following motion: (1) to abandon the Coolbaugh Township Towing Policy, (2) make a request that the Pocono Mountain Regional Police prepare a comprehensive Towing Policy, (3) that all towing businesses in the PMRPD coverage area are to be listed in the regional policy, and (4) all towing businesses within Coolbaugh Township that are listed in the Towing Policy must be on a rotating schedule. Seconded by Mr. Lockwood. Discussion ensued over what could be done to revise the current Coolbaugh Township Towing Policy. Throughout the conversation, Mr. Frutchey and Mr. Hutchins said the policy worked well when we had our own police department, but the policy does not work at the Regional Police Department. Further discussion followed.  Public comments were heard from Steve Planchock, Brian Neipert, Joe O’Boyle, Lynn Kelly and Walter McGrath.

Mr. Hutchins amended his motion to include that the Coolbaugh Township Towing Policy will remain in effect until a new one is developed by the Pocono Mountain Regional Police Department. Mr. Lockwood seconded the amended motion. Discussion - Mr. Neipert requested that all the towing providers be kept informed in writing of any changes.  The motion carried 3-2-0 (Mr. Washenik and Mr. Zito opposed).

Board of Supervisors

September 6, 2005 - Page 3

Pocono Mountain Youth Soccer Association request for use of fields at the Coolbaugh Township Municipal Park

Mr. Zito made a motion to give permission to the Pocono Mountain Youth Soccer Association to use the fields at the Township Park per their request, provided a current Certificate of Insurance is provided. Seconded by Mr. Hutchins. Discussion - none. The motion carried 5-0.

Representatives of Pocono Community Church will be present to discuss proposed Zoning Amendments

Attorney Ralph Matergia and Pastor Dave Crosby were present to represent the Pocono Community Church.  Before the Board was a request for a Public Hearing to consider a curative amendment, an amendment to the Zoning Ordinance and a change in the zoning district. Discussion followed. Attorney Matergia explained that the Pocono Community Church Inc. is the equitable owner of a 47 acre parcel adjacent to the Pocono Mountains Municipal Airport pursuant to a fully executed Agreement of Sale. A lengthy discussion followed.  Attorney Matergia agreed to amend the Public Hearing Application to include the change in the zoning district (currently an Industrial zone) requested by the Pocono Community Church.

Mr. Zito made a motion to schedule a Public Hearing for Thursday, October 20, 2005 at 7:00 p.m. to consider Proposed Zoning Amendments requested by the Pocono Community Church.  Seconded by Mr. Hutchins.  Discussion followed about forwarding the material to the Township Planning Commission for their September 12, 2005 meeting.  Public input was heard from Lynn Kelly and Steve Planchock.  The motion carried 5-0.

Discussion - Federally funded cost reimbursement program entitled: Transportation Enhancement, Home Town Streets & Safe Routes to School

Mr. Lockwood reported that Dagmaris Cabezas, Director of the Coolbaugh Township Community Partnership (CTCP) investigated the PennDOT federally funded cost reimbursement program referenced above as a possibility for improving Main Street in Tobyhanna. A lengthy discussion followed regarding the program, the planning steps necessary and the types of improvements/enhancements that were possible through the reimbursement program, including, but not limited to, sidewalks, curb ramps, paving shoulders, landscaping, benches, etc.

Mr. Lockwood moved to begin development and an engineering plan for the Tobyhanna Main Street area and surroundings, as required by the federal reimbursement program procedures entitled, “Transportation Enhancement, Hometown Streets & Safe Routes to School”. This plan is in preparation for the 2007 round of the federally funded cost reimbursement program. The partnership group, under the direction of Dagmaris Cabezas, will lead the planning effort in conjunction with the Township Engineer and surveyors. Seconded by Mr. Hutchins.

Board of Supervisors

September 6, 2005 - Page 4

Discussion followed regarding the partnership’s working group, how the funds are allocated, that the time for planning could take up to a year or more, etc. It was also determined that this was more of a preliminary planning effort by the partnership group.

Following this discussion, Mr. Lockwood amended his motion to say the partnership group, under the direction of Dagmaris Cabezas, will lead the planning effort (for the Tobyhanna Main Street area and surroundings, as required by the federal reimbursement program procedures entitled, “Transportation Enhancement, Hometown Streets & Safe Routes to School”). The amended motion was seconded by Mr. Hutchins. The motion carried 4-0-1 (Mr. Washenik abstained, due to his concerns over not knowing the costs to the Township).

Edward Wood’s request to obtain a sewer connection for property located at the corner of Church and Goodwin Street

Mr. Washenik made a motion to forward a copy of BCM Engineer’s letter dated August 31, 2005 to Mr. Wood in order to outline the reasons a sewer connection would not be allowed for his property located at the corner of Church and Goodwin Streets. Seconded by Mr. Hutchins. Public comment was heard from Joe O’Boyle. The motion passed 5-0.

Pocono Mountains Seniors request for release of budgeted funds

Mr. Hutchins moved to approve the Pocono Mountains Seniors’ request for release of budgeted funds in the amount of $1,200.00. Seconded by Mr. Washenik. Discussion - none. The motion carried 5-0.

Authorization to advertise the Fall Township Clean Up Bid

Before the Board was an advertisement and specifications for a Fall Clean Up that would be held over a two week period at 242 Laurel Drive (behind the Township Road building).  The reason for not holding the Clean Up on Saturday is because the landfills close at 11:00 a.m. on Saturdays, and all the trucks must be out by 10:00 a.m. These time restrictions limit our vendor’s ability to remove trash on that day; therefore, both weeks of the clean up would be held on a Thursday and Friday. 

The first week would be for the collection of scrap metal, including white goods without freon and car and/or truck tires.  The second week would be for the collection of general trash and white goods. Mr. Washenik commented that the Arrowhead Lakes Property Owners Association was contacted to see if they were interested in holding the clean up at their location, but they declined the offer. He suggested holding the clean up at A Pocono Country Place (APCP). A lengthy discussion followed.

Board of Supervisors

September 6, 2005 - Page 5

Mr. Washenik made a motion to contact APCP to see if they were interested in holding the Fall Clean Up at their location on October 14 and 15 and on October 20 & 21. Seconded by Mr. Zito. Discussion followed. Public comments were heard from Clare Colgan and Steve Planchock. The motion did not carry (Mr. Washenik and Mr. Zito voted yes. Mr. Frutchey, Mr. Hutchins and Mr. Lockwood voted no).

Mr. Lockwood made a motion to authorize the advertisement for the Fall Township Clean Up and to hold it behind the road garage on October 13, 14, 19 and 20, 2005. Seconded by Mr. Frutchey. Discussion followed regarding the white goods with and without freon.  Mr. Lockwood and Mr. Frutchey amended the motion to include the removal of white goods with or without freon during both weeks of the Clean Up. The motion carried 3-2-0. (Mr. Washenik and Mr. Zito opposed).

Current Obligations

General Fund                         -           $282,041.95

Liquid Fuels Fund                 -           $119,733.47

Sewer Fund                                       -           $  24,677.51                                              

Total Disbursements -          $427,452.93

Mr. Hutchins made a motion to pay the Current Obligations in the amount of $427,452.93. Seconded by Mr. Lockwood. Discussion followed regarding holding payment of the Interstate Road Management invoice in the amount of $2,358.31 pending further action on correcting the line painting on Echo Lake Road. It was also noted that a check for $120.00 should have been for $60.00, due to a problem with the submission of a duplicate invoice. The motion carried 5-0.

H.A. Berkheimer Proposal for the collection of Earned Income Taxes and Emergency Municipal Service Tax in Coolbaugh Township

Ms. Susan Ruch, Field Representative for H. A. Berkheimer, Inc. was present to represent the above referenced matter.

Mr. Lockwood gave an overview of his review of the current agreement with Berkheimer for the collection of Earned Income Taxes and the Emergency Municipal Services Tax in Coolbaugh Township. During the process, he noted that the current agreement was never finalized, that Mr. Washenik worked with Berkheimer’s staff in 2003 on a “Plan of Action” to improve the collection of taxes, etc. He went on to say that he negotiated with representatives of Berkheimer to get a better rate of return for tax collection, and ended up reducing the 2.5% rate to 2.2%, etc.  Discussion followed.

Board of Supervisors

September 6, 2005 - Page 6

Mr. Lockwood made a motion to authorize Chairman Frutchey to sign the Contract Agreement with Berkheimer proposing a new rate of 2.2% on all collections of the Earned Income Tax and the Emergency Municipal Service Tax in Coolbaugh Township for a term of three (3) years, with the following conditions: (1)  the Administrative staff works with the Berkheimer firm on a “Plan of Action” for improving the collection of taxes in Coolbaugh Township, (2) Berkheimer sends in a letter confirming that the Pocono Mountain School District’s rate for the collection of Earned Income Tax is not to be lower than Coolbaugh Township’s or our rate will be lowered. Seconded by Mr. Hutchins. Discussion - Mr. Zito questioned Solicitor Hanna about the wording in the “Breach of Contract”.  Solicitor Hanna confirmed that the wording is acceptable. Discussion followed. The motion carried 5-0.

Other Business

Wal-Mart Distribution Center 6080 request to use fields at Township Park

Mr. Washenik made a motion to grant the request from the Wal-Mart Distribution Center 6080 to use two fields at the Township Park on September 20 and 24, 2005 for a non-profit event benefitting the Children’s Miracle Network. Discussion followed about a Certificate of Insurance not being required and informing the Township’s insurance carrier Brown & Brown of the event to make sure we are covered. Public comment was heard from Joe O’Boyle. The motion carried 5-0.

Zoning Amendment from Arcadia Properties, LLC

Solicitor Jerry Hanna said he was in receipt of proposed amendments to the Coolbaugh Township Zoning Ordinance submitted by Arcadia Properties, LLC. He noted that Township Engineer Russ Kresge sent in his comments on the proposed amendments and suggested that he, along with the Board of Supervisors and Mr. Kresge, should discuss the proposed amendments at the September 27, 2005 Work Session before contacting Arcadia for a meeting on the subject.

“Coolbaugh Celebrates”

Mr. Hutchins announced that the Township’s annual community festival “Coolbaugh Celebrates” will be held at the Municipal Center this coming Saturday, September 10, 2005 and he invited everyone to attend.

Township Sewer Plant

Mr. Frutchey said that Joseph Darlak contacted him about the possibility of meeting with the Board at their September Work Session to discuss purchasing the Waste Water Treatment Plant from the Township. It was the consensus of the Supervisors that Mr. Darlak should put his proposal in writing and submit it to the Township.