Coolbaugh Township

Board of Supervisors

April 4, 2006 - Page 1

The Coolbaugh Township Board of Supervisors April 4, 2006 Regular Meeting was held in the Township Municipal Center, in building #3, at 5550 Memorial Boulevard, Tobyhanna, Pennsylvania.

Call To Order

Mr. Zito called the regular 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: Robert M. Zito, Joseph O’Boyle, James H. Frutchey, Jr., Robert B. Hutchins and Lynn Kelly. Also in attendance were Township Solicitor Jerry 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 March 21, 2006 Meeting Minutes

Mr. O’Boyle moved to approve the March 21, 2006 regular Meeting Minutes as presented and dispense with the reading. Seconded by Mr. Frutchey. Discussion - none. The motion carried 5-0.

Adoption of Resolution #06-2006 re: Section 1543 of the Pennsylvania Second Class Township Code which allows the Board to make an appropriation to an Industrial Development Agency

Mr. Zito read draft Resolution #06-2006. He went on to explain that Project Nest is a potential project involving a company that could bring very desirable jobs to our area. Other municipalities would like to attract a business such as this. Mr. Zito also noted that this particular project had been discussed prior to the new Fee Resolution being adopted, etc.

Board of Supervisors

April 4, 2006 - Page 2

Mr. Zito moved to adopt Resolution #06-2006 as presented by Township Secretary Linda Frutchey. Seconded by Mr. Hutchins. Discussion followed about the recent changes to the Fee Resolution. The motion carried 5-0.

Minor Subdivision to join lots 2 & 3,  Block 1406,  Section 14, Arrowhead Lake - Property Owner - Thomas Montini

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

Mr. Hutchins moved to approve the Minor Subdivision to join lots 2 & 3,  Block 1406,  Section 14, Arrowhead Lake - Property Owner - Thomas Montini. Seconded by Ms. Kelly. Discussion - none. The motion carried 5-0.

Upper Brodhead/Paradise Greenway Initiative - request for a letter of support

Mr. Zito said the Upper Brodhead/Paradise Greenway Initiative was discussed with Dawn Gorham of the Pocono Heritage Land Trust at the Board’s March 28, 2006 Work Session. Bill Leonard, present in the audience, gave a brief explanation of the initiative and said they are not against development, but are in favor of protecting high quality streams through controlled development. Discussion followed in which Mr. Hutchins said he would vote for the letter of support as written. He also emphasized that he is for the environment and for smart growth.

Mr. Zito made a motion to send the letter in support of the Upper Brodhead/Paradise Greenway Initiative as presented by the Township Secretary. Seconded by Ms. Kelly. Discussion followed about the organization’s views regarding development. The motion passed 5-0.

Tunkhannock Township Board of Supervisors -  request for letter of support re: acquisition of Kim Property for Open Space/Passive Recreation

Mr. Zito read the communication from the Tunkhannock Supervisors asking that a letter be sent to DCNR in support of the acquisition of the Kim Property for Open Space/Passive Recreation.

Mr. Frutchey moved to approve sending a letter to DCNR in support of the Tunkhannock Board of Supervisors proposed acquisition of the Kim Property for Open Space/Passive Recreation. Seconded by Mr. O’Boyle. Discussion - none. The motion carried 5-0.

Board of Supervisors

April 4, 2006 - Page 3

The Tobyhanna Creek/Tunkhannock Creek Watershed Association requests that each municipality appoint a Supervisor to serve as an Honorary Director on their Board of Directors

Mr. Zito summarized a letter from Michael Lord, President of the Tobyhanna Creek/Tunkhannock Creek Watershed Association, asking the Board to appoint one member from their municipality to serve as an Honorary Director on their Board of Directors.

Mr. Frutchey moved to appoint Supervisor Robert Hutchins to serve as an Honorary Director on the Board of Directors of the Tobyhanna Creek/Tunkhannock Creek Watershed Association. Seconded by Ms. Kelly. Discussion - none. The motion passed 4-0-1 (Mr. Hutchins abstained).

Pocono Mountain School District - Coolbaugh Learning Center - request for a waiver of the fees for the use of the Township park pavilion, fields, etc.

Mr. Hutchins made a motion to approve the request from the Pocono Mountain School District - Coolbaugh Learning Center for a waiver of the fees for the use of the Township park pavilion and fields, per the normal procedures.  Seconded by Mr. Frutchey. Discussion - none. The motion carried 5-0.

Agility Agreement / Resolution  between Coolbaugh Township and Pennsylvania Department of Transportation

Before the Board was a new Agility Agreement/Resolution between Coolbaugh Township and PennDOT. The Township’s former Road Foreman signed the last agreement, which expired in December 2005. With approval of the new agreement, the process begins again, and each separate plan for the Agility Program comes back to the Board to discuss and approve.

Mr. Frutchey moved to approve the Agility Agreement / Resolution  between Coolbaugh Township and the Pennsylvania Department of Transportation. Seconded by Ms. Kelly. Discussion followed regarding the terms of the Agreement, etc. The motion carried 5-0.

Board of Supervisors

April 4, 2006 - Page 4

Request for space - PEGASUS Child Advocacy Center

Mr. Zito explained that the PEGASUS Child Advocacy Center is a non-profit organization located in Carbondale, which is committed to helping children in crisis. He noted that the Directors of the program were present at the Board’s March 28, 2006 Work Session to discuss their needs and requests. Mr. Frutchey took them on a tour of available municipal space, and he reported back that they were interested in using the space formerly occupied by Guardian Inspection Services in building #2, while they work on plans to renovate the front space located in building #2.

Mr. Frutchey made a motion to enter into a Lease Agreement with the PEGASUS Child Advocacy Center for a period of one (1) year for a rental fee of $1.00 for use of space in building #2, formerly occupied by Guardian Inspection Services, while they work on plans to renovate the front space in building #2, conditioned upon the organization providing the Township with proposed renovation plans that meet with the approval of the Board of Supervisors, prior to any construction beginning. Seconded by Mr. Hutchins. Discussion followed about the work being done by the PEGASUS Child Advocacy Center, etc.  The motion carried 5-0.

Current Obligations

General Fund                                                $  98,883.37

Escrow Fund                                                           $       607.00

Sewer System Fund                              $    2,823.33

                                                                   Total Disbursements                  $102,313.70

Mr. Frutchey made a motion to pay our Current Obligations in the amount of $102,313.70. Seconded by Mr. O’Boyle. Discussion - none. The motion passed 5-0.

Other Business

Project Nest - PMI/Arcadia Properties

Mr. Zito said there is a four phase procedure to follow in this project and there are time constraints involved.

Board of Supervisors

April 4, 2006 - Page 5

Mr. Zito moved that the Board of Supervisors adopt a policy that the Planning Commission, Township staff and professional consultants are authorized to accept and consider on a concurrent basis all applications and submissions relating to the proposed PMI - Arcadia Project Nest, specifically including extra Special Meetings, if necessary, provided however, that all substantive requirements of applicable Ordinances are met. Seconded by Mr. Frutchey. Discussion followed in which aspects of the proposed project were explained, etc. Public comment was heard from Bruce Hanby and Chuck Leonard of PMI. The motion was called and passed 5-0. Further comment was heard from Shawn Langen of Arcadia Properties, LLC, present in the audience. He explained that this enterprise promises to bring good quality jobs to this area, etc.

Mr. Zito made a motion to authorize the engagement of one or more alternate qualified engineers to assist Township Engineer Russell R. Kresge in the review process for the proposed PMI - Arcadia Project Nest. Seconded by Mr. Hutchins. Discussion - none. The motion passed 5-0.

Mr. Zito moved to authorize a Conditional Use Hearing on May 2, 2006 at 6:00 p.m. for Project Nest. Seconded by Mr. Hutchins. Discussion - none. The motion carried 5-0. Township Solicitor Jerry Hanna clarified that the Public Hearing will be scheduled to receive public comment on the Conditional Use Application for a “Planned Business Center”.

Change of date for Board’s April Work Session

Mr. Zito made a motion to authorize moving the Tuesday, April 25, 2006 Board Work Session to Thursday, April 27, 2006 at 7:00 p.m. Seconded by Ms. Kelly. Discussion - none. The motion carried 5-0.

Fee Resolution - revision requested

Mr. Frutchey asked that the Fee Resolution be revised to add that loader buckets of mulch from the Township’s recycling site be free for residents and $5.00 per bucket for commercial businesses.

PA DEP - Recycling Meeting

Mr. Frutchey said he is going to PA DEP on Thursday, April 6, 2006 to meet regarding final approval of the Township’s recycling site. He noted that there will be an approximately four to six week wait before funding comes in for last year’s recycling grant.

Board of Supervisors

April 4, 2006 - Page 6

Purchase of a 1 ton pick-up truck

Mr. Frutchey made a motion to purchase a 1 ton pick-up truck with a crew cab through the City of Harrisburg State Contract, using Liquid Fuels funds in the amount of $27,000. Seconded by Mr. O’Boyle. Discussion - none. The motion carried 5-0.

Request from Bob Gress of the Office of the Monroe County Commissioners

Mr. Gress telephoned the Township Secretary regarding a press release that was going to be issued on the new voting machines being used by the county in upcoming elections. A voting machine will be on display at the Township on Saturday, April 29, 2006 from 11:00 a.m to 2:00 p.m.

Public Input

Clare Colgan - asked if anything had been heard from the Tobyhanna Athletic Association regarding their use of the fields at the Township Park, as she had concerns because the Parks & Recreation “Egg Hunt” was scheduled there on Saturday, April 8^th, and they did not want any conflicts. It was determined that Facility Manager Wayne Regan would contact the athletic association regarding the “Egg Hunt” and post a sign on the fence.

Werner Frank - said S & K Construction located on SR 196 had agreed to clean up the property adjacent to their office, but it was a mess once again, as they had begun dealing in manufactured homes, materials, etc. The Board directed that Township Zoning Officer Todd Schollhammer look into the matter and report back.

Jim Frutchey - complimented Township Treasurer Pat Eden on the financial reports she furnished for the Supervisors at this meeting.

Board of Supervisors Executive Sessions

Mr. Zito read off the Executive Sessions held by the Board which took place on Tuesday, March 21, 2006 at 6:00 p.m. & 6:45 p.m. re: Possible Litigation and this evening, April 4, 2006, at 6:30 re: Possible Litigation and Real Estate.