Coolbaugh Township

Board of Supervisors

February 7, 2006 - Page 1

The Coolbaugh Township Board of Supervisors, February 7, 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 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 January 17, 2006 Meeting Minutes

Mr. Hutchins moved to approve the January 17, 2006 Regular Meeting Minutes as presented and dispense with the reading.  Seconded by Mr. OBoyle.  Discussion - none.  The motion carried 5-0.

Presentation of Outstanding Service Award to Don DeRoo for 25 years of service as an employee of the Coolbaugh Township  Road Department

Don DeRoo and his family were in attendance for the presentation of an Outstanding Service Award for his 25 years of service to the Township as an employee in the Road Department. The Supervisors thanked Don for his commitment and presented him with an engraved plaque and a monetary award (received prior to this meeting). It was pointed out that he was not able to attend the last meeting to accept this award due to snowy road conditions. 

Board of Supervisors

February 7, 2006 - Page 2

Coolbaugh Township’s Towing Policy

Mr. Hutchins gave a summary of the history of Coolbaugh Township’s Towing Policy. He pointed out that the policy started when the Township had its own police department and that Coolbaugh was the only municipality in the area covered by the Pocono Mountain Regional Police Department (PMRPD) that has a towing policy. It was his opinion that PMRPD should handle the issue of towing.

Mr. Hutchins made a motion to disband the Coolbaugh Township Towing Policy. Seconded by Mr. Frutchey. A lengthy discussion followed.

Ms. Kelly was of the opinion that the Township should take care of its local businesses. Mr. Frutchey recommended that in place of keeping the towing policy, a letter should be sent to PMRPD suggesting that each squad car carry a list of responsible local towing companies. In the event of an accident or the need for towing services, the towing company closest to the incident should be contacted first. However, if a driver prefers to contact his/her own towing service, that decision will take priority over the Township’s list. Mr. Zito spoke in favor of keeping the Township’s Towing Policy. Public input was heard from Alma I. Ruiz-Smith, Cathy Rodriguez, a representative of Ed’s Towing and Brian Neipert of Brian’s Tobyhanna Salvage. The motion was called and carried 4-1-0 (Mr. Zito opposed). A brief discussion followed in which Ms. Kelly said she would appreciate it, if the Coolbaugh Township towing companies would keep track of their numbers and report back to the Board at the end of the year whether or not they were hurt by the disbanding of the Coolbaugh Township Towing Policy. 

Authorization to advertise proposed amendment to the Township Code of Ordinance #97, Chapter 10, Health & Safety, Part 1 - storage of motor vehicle nuisances; nuisances prohibited

Mr. Zito gave a brief summary of the proposed amendment to clarify the definition of junked or abandoned motor vehicles, to add the definition of unregistered motor vehicle, and to clarify and supplement the requirements for storage of these vehicles.  The proposed amendment would be considered by the board at their next meeting.

Mr. Hutchins moved to authorize the Secretary to advertise the proposed amendment to

the Township Code of Ordinances #97, Chapter 10, Health & Safety, Part 1 - storage of motor vehicle nuisances; nuisances prohibited.  Seconded by Mr. OBoyle.  Discussion - none.  The motion carried 5-0.

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February 7, 2006 - Page 3

Authorization to advertise Public Hearing regarding proposed amendment to the Township Code of Ordinances #97, Chapter 27, Zoning re:  Planned Business Centers

Mr. Zito explained that the proposed draft zoning amendment provides  for a new use in the Industrial District as a “Planned Business Center”, provides that the use be approved as a conditional use and provides specific requirements to be applied in that conditional use procedure, lists the specific land uses that may be included, and provides for a change in the allowed Maximum Lot Coverage and Maximum Building Coverage.   

Mr. Frutchey moved to authorize the Secretary to advertise the proposed amendment to the Township Code of Ordinances #97, Chapter 27, Zoning.  Seconded by Ms. Kelly.  Discussion followed about the public hearing being held prior to the regular meeting on March 21, 2006.  The motion carried 5-0.

Challenge to Coolbaugh Township’s Code of Ordinances Number 97, Chapter 5, Code Enforcement (Uniform Construction Code)

Before the Board was a Notice of Challenge to Coolbaugh Township’s UCC Change Ordinance 97, approved on December 20, 2005, adopting Appendices A, B, C, D, E, F, G of the 2003 International Fire Code. The Challenge was filed by Attorney Loudon  L. Campbell on behalf of several challengers.

Discussion followed during which Mr. Hutchins explained that Coolbaugh is part of an inter-municipal agreement with Paradise, Tobyhanna and Tunkhannock Townships for the purposes of Building Code Enforcement. Tobyhanna Township adopted an amendment to the UCC and forwarded the same amendment to Coolbaugh Township, requesting that they also adopt the amendment for the purposes of uniform enforcement within the inter-municipal group. Based upon that request and for that reason, the Board moved forward with the adoption of the amendment. It was the consensus of the Supervisors that a letter of response should be sent to the Challengers outlining the aforementioned comments.

Promulgation - update Emergency Management Plan for Coolbaugh Township 

Mr. Frutchey explained the purpose of the Promulgation and the need for a new one to add updates to the Township’s Emergency Management Plan.

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February 7, 2006 - Page 4

Mr. Frutchey moved to forward the revised Promulgation to the Monroe County Emergency Management Agency. Seconded by Mr. Zito. Discussion followed in which Alma I. Ruiz-Smith, present in the audience, reported that A Pocono Country Place now has an alternate emergency access road through State Game Commission land, due to the efforts of Senator Mellow’s office. Ms Ruiz-Smith said she would see to it that Mr. Frutchey, the Township’s Emergency Management Coordinator, receives correspondence regarding this road. The motion carried 5-0.

Individual Inter-Municipal Agreements between Coolbaugh Township and the Townships of Tobyhanna and Tunkhannock and the Borough of Mount Pocono for cooperative use of a Wood Grinder (Beast)

Mr. Zito read the details outlined in the draft annual agreements with Tobyhanna and Tunkhannock Townships, which allow sharing of the Grinder with these municipalities, provided they reimburse Coolbaugh Township for the personnel and operating costs associated with the portal to portal transport and operation of the Grinder, for the processing of their leaf, yard waste and tree trimmings/debris. Reimbursement will be based on an hourly basis for dedicated personnel time (wages plus overhead) and fuel. In addition, both Tobyhanna and Tunkhannock Townships will reimburse Coolbaugh Township for a portion of the annual costs required to maintain the Grinder. These maintenance costs will be based on the total annual costs divided by the annual hours of operation.

Mr. Zito moved to approve the Intermunicipal Agreement between Tobyhanna Township and Coolbaugh Township. Seconded by Mr. Frutchey. Discussion - none. The motion passed 5-0.

Mr. Frutchey moved to approve the Intermunicipal Agreement between Tunkhannock Township and Coolbaugh Township. Seconded by Mr. Zito. A brief discussion followed about the cost. The motion carried 5-0.

Mr. Zito read the details of the draft Intermunicipal Agreement between the Borough of Mount Pocono and Coolbaugh Township. It was pointed out that this agreement differs from those with Tobyhanna and Tunkhannock Townships in that the Borough will direct their residents to use the services of the Grinder at our Road Department. In return the Borough will reimburse Coolbaugh Township by paying towards the cost of a new set of teeth for the Grinder in a not to exceed amount of $1,000.00.

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February 7, 2006 - Page 5

Mr. Frutchey moved to approve the Intermunicipal Agreement between the Borough of Mount Pocono and Coolbaugh Township. Seconded by Mr. Zito. Discussion followed about the cost of set of Grinder teeth. Public comment was heard from Cliff Otto. The motion carried 5-0.

Authorization to forward letter to the U.S. Army Tank Automotive Command - permanently loaning the M8 75 mm Saluting Howitzer to Coolbaugh Township

Mr. Zito explained that the M8 75 mm Saluting Howitzer has been displayed on the Municipal Center grounds for many years by a loan agreement renewed annually through the Tobyhanna Army Depot. The purpose of the letter to the U.S. Army Tank Automotive Command was to ask for a permanent loan of the M8 75 mm Saluting Howitzer, rather than renewing the loan period every year. The letter outlined the Township’s responsibilities in keeping the equipment, along with a hold harmless paragraph.

Mr. Hutchins moved to authorize forwarding the letter to the U.S. Army Tank Automotive Command requesting a permanent loan of the M8 75 mm Saluting Howitzer to Coolbaugh Township. Seconded by Mr. Zito. A brief discussion followed about asking the Depot to paint the howitzer. The motion passed 5-0.

Actions / recommendations regarding Coolbaugh Township Community Partnership (CTCP)

Ms. Kelly apologized for the hand out of information late and went on to explain that she is working with Dagmaris Cabezas, Director of CTCP and at the same time is evaluating the organizational make up and will be recommending a few changes to both the organizational structure and the procedure for Twp. funding, etc.  She is looking for the restructure of the five member advisory group, fill the 2 open positions on the group. Review and approve the letter for distribution, announcing the up coming meetings of the partnership, etc.  Discussion followed.

Ms. Kelly moved to restructure the five (5) member advisory group appointed by the Board of Supervisors for a term of five years with one members term expiring each year and went on to explain that in the event the Contract for the CTCP was not renewed then the CTCP Advisory Group would dissolve.  Mr. Zito said he would second the motion for the purposes of discussion.  Discussion followed.   It was the consensus of the Supervisors to discuss the matter a their February Work Session.  The motion was withdrawn.

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February 7, 2006 - Page 6

Ms. Kelly moved to advertise the two open positions on the CTCP Advisory Board with the term expiring on December 31, 2006.  Seconded by Mr. Zito.  Discussion followed about reviewing the letters of interest at the February Work Session.  The motion carried 5-0.

Request to proceed with holding an AARP Driver Safety Course in the Township Municipal Center on Saturday, May 20, 2006

Mr. Frutchey made a motion to forward the letter requesting that an AARP Driver Safety Course be held in the Township Municipal Center on Saturday, May 20, 2006. Seconded by Mr. Zito. Public comment was heard from Werner Frank and Cathy Rodriguez who said the course is open to everyone, not just people 55 and older. The motion carried

5-0.

Authorization to Township Engineer to obtain a Culvert Pipe Permit for under Renaissance Lane, Phase 2,  Whispering Glen Drainage Program

Discussion followed about the work involved getting a permit, cost of engineering.  It was the consensus of the Board to put a Not To Exceed cost and another Purchase Order would be issued if more engineering work was needed.

Mr. Frutchey moved to authorize the Township Engineer to proceed with obtaining a Culvert Pipe Permit at a cost not to exceed $5,000.00, with the funds coming out of the Budget line item #436.600.  Seconded by Mr. Hutchins.  Discussion - Mr. Frutchey explained the phases of work that the Township will need to do to correct the stormwater problems in that area.  Discussion followed.  Public input was heard from Alma Ruiz-Smith.  The motion carried 5-0.

Lease Agreement between the County of Monroe and Coolbaugh Township Board of Supervisors  for the District Magistrate’s office

Mr. Zito moved to accept the Monroe County Commissioners counter offer for the lease renewal for a five (5) year period for the District Magistrate’s office at $11.50 per square foot and utilities at $285.00 per month with a yearly CPI.  Seconded by Ms. Kelly.  Discussion - Mr. Frutchey suggested having Solicitor Hanna approve the language in the Lease Agreement.  Mr. Zito and Ms. Kelly amended their motion.  Mr. Zito asked the Secretary to see that an invoice is sent to the County for the rate difference in the rent for January and February.  The motion carried 5-0.

Board of Supervisors

February 7, 2006 - Page 7

Lease Agreement between the Tax Collector and Coolbaugh Township Board of Supervisors for office space in building #1

Before the Board was the Tax Collector Lease Outline, which stated that the 165 square foot space will be rented to the Township Tax Collector for $11.50 per square foot, plus $2.01 for utilities, per month. The initial rate per month will be $185.76 (with February prorated for twenty days at a rate of $132.69) for a yearly total of $2,229.15. This rate is to be adjusted annually by the CPI index each November for the following January.

Mr. Zito moved to offer the terms as outlined to the Tax Collector. Seconded by Mr. O’Boyle. Discussion followed regarding the situation surrounding the leasing arrangement, etc. Public comment was heard from Alma I. Ruiz-Smith. Dagmaris Cabezas expressed concerns about the Tax Collector’s office being next to Women’s Resources offices, which is a sensitive area, etc. Mr. Zito responded that he had already discussed this matter with Women’s Resources. The motion was called and carried 5-0.

Current Obligations

General Fund                                                $125,056.13

Escrow Account Fund                           $        69.80

Sewer System Fund                              $    4,824.92

Total Disbursements                             $129,950.85

Mr. Frutchey moved to approve the Current Obligations in the amount of $129,950.85.  Seconded by Ms. Kelly.  Discussion - none.  The motion carried 5-0.

Other Business

Quantities of fuel, guardrails, pipe etc. to the Council Of Government

Mr. Frutchey mentioned that the fire company, ambulance and staff would need to get their quantities of gallons of heating oil, and fuel as they will be going out to bid soon.  In addition staff will get the quantities of pipe and guardrails ready.