Coolbaugh Township

Board of Supervisors

January 17, 2006 - Page 1

The Coolbaugh Township Board of Supervisors, January 17, 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 3, 2006 Re-organizational Meeting Minutes

Mr. Hutchins moved to approve the January 3, 2006 Re-organizational Meeting Minutes as presented and dispense with the reading. Seconded by Mr. Frutchey. 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’s  Road Department

Mr. DeRoo was not present at the meeting to accept his award, due to inclement weather. It was the consensus of the Supervisors to move the presentation to the next regular meeting scheduled for February 7, 2006.

Proposal from the Tobyhanna Conservation Association to erect wayside stations along the trails in the Township Municipal Park

Bill Leonard and Nelson Saxe were present on behalf of the Tobyhanna Conservation Association.

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January 17, 2006 - Page 2

Mr. Leonard and Mr. Saxe distributed materials to those present at the meeting, gave brief summaries of their lives and noted the many contributions made to the community through the Tobyhanna Conservation Association.

Mr. Leonard and Mr. Saxe explained that donations were collected in memory of Thelma Leonard who passed away in March 2005. They decided to use the funds to build wayside stations along the conservation trail, posting written information for adults and children, with “In memory of Thelma Leonard” across the bottom.  A photograph and model of a sample wayside station was provided. They asked the Board to consider allowing them to erect the wayside stations in the Municipal Park on SR 423. The Conservation Association will take responsibility for installation and maintenance of the wayside stations at no cost to the Township; they just need permission from the Board and direction regarding where the stations should be installed.

Mr. Hutchins made a motion to permit the Tobyhanna Conservation Association to erect wayside stations along the trails in the Township Municipal Park, that paperwork should be submitted to the Township, and that the Tobyhanna Conservation Association should work with the Parks & Recreation Commission and the Township Facility Manager for guidance regarding the placement of the wayside stations along the trails. Seconded by Ms. Kelly. Discussion - none. The motion passed 5-0.

Minor Subdivision to join lots 1302 & 1303, Section G-3, Stillwater Lake Estates - Property Owners - David and Emma Wengerd

No one was present on behalf of the above referenced Minor Subdivision Plan. Mr. Frutchey moved to approve the Minor Subdivision to join lots 1302 & 1303, Section G-3, Stillwater Lake Estates - Property Owners - David and Emma Wengerd. Seconded by Mr. Hutchins.  Discussion - none. The motion carried 5-0.

Hemlock Estates Final Land Development Plan - Arcadia Homes of Lehigh Valley, LLC

Shawn K. Langen of Arcadia Properties, LLC and August J. Antol, E.I.T. of Liberty Engineering were present on behalf of the Hemlock Estates Final Land Development Plan. Mr. Langen asked that the Board move to the next item on their Agenda in order to give their attorney, Jim Preston, time to arrive.

The meeting moved forward to the next Agenda item.

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January 17, 2006 - Page 3

Extension requests:

Pocono Mountains Office Commons Minor Subdivision Plan / Land Development Plan     

Before the Board was an extension request letter dated January 12, 2006 from Shawn K. Langen of Arcadia Properties, LLC, and a Memo from the Planning Commission dated January 11, 2006 recommending approval by the Supervisors of an extension request for the Pocono Mountains Office Commons Minor Subdivision Plan / Land Development Plan.

Mr. Hutchins moved to grant the Pocono Mountains Office Commons Minor Subdivision Plan / Land Development Plan an extension until March 31, 2006, per the applicant’s request. Seconded by Mr. Zito. Discussion followed in which Ms. Kelly brought up the subject of amending the extension request letter with the wording, “The applicant waives the benefits of deemed decision through” the date requested. Mr. Langen said he would send another letter with the suggested wording. The motion passed 5-0.  

Lowe’s Home Centers, Inc. / Pocono Star Properties, Inc. - Lot Consolidation Plan / Lowe’s Home Improvement Warehouse Preliminary Land Development Plan

Before the Board was an extension request letter dated January 9, 2006 from Attorney Ralph Matergia of Matergia and Dunn, and a Memo from the Planning Commission dated January 11, 2006 recommending approval by the Supervisors of the extension request for the Lowe’s Home Centers, Inc. / Pocono Star Properties, Inc. - Lot Consolidation Plan / Lowe’s Home Improvement Warehouse Preliminary Land Development Plan.

Mr. Frutchey moved to grant an extension until March 1, 2006 for the Lowe’s Home Centers, Inc. / Pocono Star Properties, Inc. - Lot Consolidation Plan / Lowe’s Home Improvement Warehouse Preliminary Land Development Plan, per the applicant’s request. Seconded by Ms. Kelly. Discussion - public comment was heard from Dave Pope. The motion carried 5-0.

Scavello Route 940 Minor Subdivision / Preliminary Land Development Plan            

Before the Board was an extension request letter dated January 12, 2006 from Marv Walton of Niclaus Engineering on behalf of the Scavello Route 940 Minor Subdivision / Preliminary Land Development Plan.

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January 17, 2006 - Page 4

Mr. Hutchins made a motion to grant an extension on the Scavello Route 940 Minor Subdivision / Preliminary Land Development Plan, per the applicant’s request, until May 16, 2006. Seconded by Mr. Frutchey. Discussion - none. The motion passed 5-0.

2005 Monthly Reports

Pocono Mountain Regional Emergency Medical Services

Mr. O’Boyle attended the PMREMS meeting held on Thursday, January 12, 2006 and gave a verbal report on their discussions. He noted that the PMREMS are currently paying on two trucks and refurbishing another vehicle, working on the tracking of donations, looking into preparing a more detailed report, such as that provided by the Pocono Mtn. Regional Police Department, that they need more donations to purchase a new vehicle, etc. Mr. O’Boyle also made a motion to allow PMREMS to purchase heating oil from the COG at station 11, contingent upon COG approval. Seconded by Mr. Hutchins. Discussion - none. The motion carried 5-0. In further discussion Mr. O’Boyle asked for financial assistance from the Township in refurbishing the ambulance referenced above. It was the consensus of the Supervisors to move the matter to a Work Session. Mr. Zito commented that this was the first meeting of the PMREMS attended by Mr. O’Boyle and that he did a good job.

Pocono Mountain Regional Police Department

Mr. Hutchins presented the summary of the December 2005 PMRPD Monthly Report as follows: 1168 complaints, 115 accidents, 127 criminal arrests, 216 traffic arrests, 204 traffic warnings, and 35 ordinance arrests for a total of 1283 calls within the area covered by the regional police, which includes Tobyhanna, Tunkhannock and Coolbaugh Townships and the Borough of Mount Pocono. Mr. Hutchins noted that the amount of calls increased in 2005, and that Coolbaugh Township was on the plus side of their hours finished in 2005. Mr. Zito said that Mr. Hutchins was selected as the PMRP Commission’s Secretary. Further discussion followed regarding the swearing in of Lt. Harry Lewis by the new District Magistrate, Anthony Fluegel, the effective use of stop sticks in the patrol cars, the Annual Report, that there were no police officer positions open at this time, etc. Chief Lamberton will be increasing public relations by posting bulletins in community association newsletters, etc. Mr. Frutchey requested that whatever is sent to the community associations should also be posted on the Municipal Center bulletin board for residents living outside of private developments.

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January 17, 2006 - Page 5

Adoption of Township Resolution #3-2006 re: application for Pennvest Funding -  to upgrade the Township’s Waste Water Treatment Plant

Mr. Zito read the Resolution. Mr. Hutchins moved to adopt Township Resolution #3-2006 re: application for Pennvest Funding -  to upgrade the Township’s Waste Water Treatment Plant. Seconded by Mr. Frutchey. Discussion followed on the summary submitted by Dave Kavitski of BCM Engineers of what was necessary to get the Township’s Waste Water Treatment Plant operating correctly. The motion carried 5-0.

AARP request to use meeting room to assist residents with their 2005 tax returns

Before the Board was a letter dated January 9, 2006 from George Wolff, Local AARP Coordinator, requesting use of the main meeting room at the Municipal Center to assist residents with tax return preparation on Wednesdays from 9:00 a.m. - 1:00 p.m., from February 1, 2006 through April 12, 2006.

Mr. Hutchins made a motion to grant the AARP request, with stipulations, if any, to use the Meeting Room at the Municipal Center to assist residents with tax return preparation on Wednesdays from 9:00 a.m. - 1:00 p.m., from February 1, 2006 through April 12, 2006. Seconded by Mr. Zito. Discussion followed regarding any stipulations. It was determined that there none and they had never been asked for a Certificate of Insurance in the past. The motion carried 5-0.

Community Association of Pocono Farms request for a tax refund ($1,470.35) due to re-classification

Before the Board was a communication sent on behalf of the Monroe County Chief Assessor outlining tax refunds to be given to the Community Association of Pocono Farms by the County, Library, School District and Township, due to re-classification.

Mr. Hutchins made a motion to approve the Community Association of Pocono Farms request for a tax refund ($1,470.35) due to re-classification. Seconded by Mr. Zito. Discussion followed. Ms. Kelly questioned whether the Township was being billed twice with the $1470.35 refund plus $828.00 for a tax appeal made by the Community Association of Pocono Farms and handled by Solicitor Jerry Hanna.  Discussion followed.  Public comment was heard from Dave Pope.

Mr. Hutchins amended his motion and moved to hold the refund check until the Township gets clarification of the amount. The amended motion was seconded by Mr. Zito. Discussion - none. The motion carried 5-0.

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January 17, 2006 - Page 6

Possible equity action against Lot 599, Section K, A Pocono Country Place re: grinder malfunction

Before the Board was a Memo dated January 13, 2006 from Township SEO Tim Kresge regarding Lot 599, Section K, A Pocono Country Place re: grinder malfunction.

Discussion followed in which Mr. Zito said he was in touch with adjacent property owners who reported that they are bothered with terrible odors coming from Lot 599 and that the situation had been going on for approximately six (6) months. He highly recommended that the Supervisors approve taking equity action as outlined in the SEO’s Memo.

Mr. Zito moved to begin an equity action against Lot 599, Section K, A Pocono Country Place under the provisions of Section 15 of the Sewage Facilities Act, (Act 537) and the PA Local Agency Law. Seconded by Ms. Kelly. Discussion followed. Solicitor Hanna outlined a procedure for the Township to fix the problem and bill the property owner for the costs, etc. Public comment was heard from Shawn Langen and an unidentified audience member. The motion carried 5-0.

Lease Agreement between the County of Monroe and Coolbaugh Township Board of Supervisors regarding the space currently occupied by District Justice 43-3-01

Before the Board were documents related to the Lease Agreement that expired on December 31, 2005 between the County of Monroe and the Coolbaugh Township Board of Supervisors for the space currently occupied by District Justice 43-3-01. Discussion ensued regarding the offers and counteroffers proposed.

Mr. Hutchins moved to approve the lease terms outlined in a letter from the Township dated January 4, 2006 and to send a letter to the Monroe County Commissioners saying the Board wants to resolve this issue by their February 7, 2006 regular meeting. Seconded by Ms. Kelly. Discussion followed. Mr. Hutchins amended the motion to include that Solicitor Jerry Hanna will approve the language in the lease agreement submitted by the County. The amended motion was seconded by Ms. Kelly. Discussion - none. The motion carried 5-0.

Consideration of bid award for Electrical Construction - Salt Storage Building Addition

The above referenced Bid was advertised in the Pocono Record on Saturday, December 17, 2005 and Wednesday, December 21, 2005 with a Bid Opening on Thursday, January 5, 2006. 

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January 17, 2006 - Page 7

Bids were received from: G. R. Noto in the amount of $13,800.00, Mountainside Electric for $21,305.00, Advantage Electric for $34,935.00, Lombardo & Lipe for $26,350.00, R. E. Lesniak for $19,362.00, ATE Energy for $19,250.00, Mark Whitehead for $15,750.00, Glinsky Electric for $12,953.00 and Edison Electrical Construction for $14,380.00.

Before the Board was a Memo dated January 10, 2006 from Township Engineer Russ Kresge saying that he examined the bid documents submitted by the lowest bidder, Glinsky Electric, and confirmed that the bid conforms to the requirements of the Instructions to Bidders in the Contract Documents. As a result, Mr. Kresge recommended that the contract be awarded to Glinsky Electric for the contract price of $12,953.00.

Mr. Hutchins moved to accept the bid from Glinsky Electric in the amount of $12,953.00. Seconded by Mr. Frutchey.  Discussion - Ms. Kelly asked what line item the money would be coming out of for the project. Mr. Frutchey said that the line item will be #409.600. The motion carried 5-0.

Engine Monitor Service Agreement for the Beast 3680 Chipper

Mr. Frutchey read off the details outlined in the Engine Monitor Service Agreement from Cleveland Brothers Equipment Company, Inc., noting the cost of $2,270.00 for two (2) years.

Mr. Frutchey made a motion to enter into the Engine Monitor Service Agreement with Cleveland Brothers, Inc. for a period of two (2) years in the amount of $2,270.00 as described in the Agreement Detail for B Service - 250 hour PM service, including items listed in Appendix B of the Agreement. Seconded by Mr. Hutchins. Discussion - none. The motion passed 5-0.

Request for purchase of John Deere 5525 Tractor in the amount of $34,139.18 through the PA State Contract #2420-01

Before the Board was a quote expiring on January 27, 2006 prepared by Andy Bennett of Charles H. Siepiela, Inc., for the purchase of a John Deere 5525 Tractor in the amount of $34,139.18 through the PA State Contract #2420-01. Discussion followed.

Mr. Frutchey moved to purchase the John Deere 5525 Tractor in the amount of $34,139.18 through the PA State Contract #2420-01, with the funds coming out of Budget line item #430.740. Seconded by Mr. Hutchins. It was noted that this purchase was discussed during the Budget Work Sessions for the 2006 proposed Township Budget. The motion carried 5-0.

Board of Supervisors

January 17, 2006 - Page 8

Current Obligations

General Fund                                                             $530,081.97

Escrow Account Fund                                  $   3,272.00

Sewer System Fund                                     $ 25,657.74

Total Disbursements                                    $559,011.71

Mr. Hutchins made a motion to approve the Current Obligations in the amount of $559,011.71. Seconded by Mr. Frutchey. Discussion followed regarding the Community Association of Pocono Farms tax re-assessment issue, the cost of the Wiley property survey, salt purchasing from Cargill, etc. The motion passed 5-0.

Hemlock Estates Final Land Development Plan - Arcadia Homes of Lehigh Valley, LLC

The meeting returned to the Hemlock Estates Final Land Development Plan agenda item. Shawn K. Langen of Arcadia Properties, LLC and August J. Antol, E.I.T., of Liberty Engineering were present on behalf of the plans. Mr. Langen gave a brief summary of the project, which involved the construction of age-restricted housing units. Mr. Antol showed a rendering of the proposed development and gave an overview of the latest landscaping proposals, which go well beyond the Township’s requirements.

Mr. Langen said they were present to go over all of the comments in a letter dated January 3, 2006 from Township Engineer Russ Kresge, pointing out that the applicants do not have a problem complying with any of the items in Mr. Kresge’s letter. Mr. Langen then proceeded to go through each of the comments. Discussion followed regarding issues associated with Chapter 22 - Subdivision and Land Development, Chapter 26, Part 2 - Stormwater Management and Earth Disturbance and Chapter 21, Part 2 - Driveways, of the Township Code of Ordinances. Mr. Langen  acknowledged that they must receive their NPDES permit and MCCD approval of the erosion and sediment pollution control plan prior to final approval. Mr. Antol went over the details in the MCCD letter of January 3, 2006, reconfirming that all comments will be addressed.

Attorney Jim Preston arrived.  Further discussion followed regarding a Memo dated January 6, 2006 from Township SEO Tim Kresge regarding the Hemlock Estates septic system design. Mr. Langen said they will submit a design to the satisfaction of the SEO. He also noted that he scheduled a meeting with Township Engineer Russ Kresge and Township Road Foreman Neil Hay to determine what is needed to address issues associated with Chapter 21, Part 2 - Driveways. Public comment was heard from Dave Pope. 

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January 17, 2006 - Page 9

Mr. Frutchey moved to grant approval, per the Planning Commission’s recommendation, of the Hemlock Estates Final Land Development Plan - Arcadia Homes of Lehigh Valley, LLC, with the following conditions: 1) all of the comments in a letter dated January 3, 2006 from the Township Engineer regarding Chapter 22 - Subdivision and Land Development, Chapter 26, Part 2 - Stormwater Management and Earth Disturbance and Chapter 21, Part 2 - Driveways, of the Township Ordinance are addressed to satisfaction of the Township Engineer; 2) all comments in a Memo dated January 6, 2006 from the Township SEO regarding the Sewage Disposal System Design are all satisfactorily addressed; and 3) and all issues regarding driveway permits and sight distance are resolved to the satisfaction of the Township Engineer and the Township Road Foreman. Seconded by Ms. Kelly. Discussion followed. Bruce Hanby - an adjacent property owner to the Hemlock Estates project gave a lengthy dissertation noting sections of the Township Ordinance in relation to the issues associated with the Hemlock Estates project. He expressed concerns regarding blasting, clean up, privacy, children and pets coming on to his property, the need for a chain link fence to keep residents of Hemlock Estates separated from his campers, that the property line dispute is still going on, etc.  Mr. Langen responded to the comments regarding blasting, privacy, work hours, etc. The motion was called and carried 5-0.

Further discussion followed about the Planning Commission sending forward projects with a large number of outstanding issues. Solicitor Hanna commented that even though it looked like there was a lot coming forward with this project, it was not as much as it first appeared and said that such a Memo was probably not necessary. The matter of public input being allowed at PC meetings was also discussed. The Board directed the Township Secretary to send a Memo to the Planning Commission Chairman, Wayne Horne, asking him to allow the members of the public more time to ask questions, etc.

Other Business

Public Forum - Draft - Phase II Funding - Municipal Initiatives

It was announced that the Township received a communication from the Monroe County Planning Commission regarding a public forum scheduled for Tuesday, January 24, 2006 at the MC Conservation District to present the Open Space Advisory Board’s draft of the Phase II funding under the Municipal Initiatives Program. The MCPC requested that each municipality send a representative and/or a Municipal Official. Mr. O’Boyle said he would ask an EAC representative to attend.

Mushroom Farm Property Owners Association request to use Meeting Room

Before the Board was a letter dated January 17, 2006 from Leonard Hoffman, Vice President of the Mushroom Farm Property Owners Association asking the Board for permission to use the Township Meeting Room for their monthly board meetings. It was determined the matter would be discussed at the Board’s Work Session.

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January 17, 2006 - Page 10

Morgan Stanley regarding a maturing Township CD

Before the Board was a letter dated January 12, 2006 from Chris Albright, Vice President and Branch Manager of the Stroudsburg office of Morgan Stanley regarding the Township’s $94,000.00 Certificate of Deposit set to mature on January 13, 2006. Mr. Albright recommended that the Township purchase a one (1) year CD with the proceeds. It was determined to have Morgan Stanley proceed with their recommendation.

Requests for use of the Beast by Mount Pocono Borough

The Supervisors discussed issues associated with the above referenced request and determined that the matter would be taken to the Board’s Work Session.

M8 75 MM Saluting Howitzer Display

Before the Board was a Memo regarding a suggestion from Kevin Toolan at the Tobyhanna Army Depot that the M8 75 MM Saluting Howitzer displayed on Township grounds remain here on permanent loan, rather than renewing the loan annually.  Mr. Toolan provided a sample of a draft letter from the Township to accomplish this. It was determined this matter would be discussed at the Board’s Work Session.

Public Input

Bob Scavone - said that too many houses in APCP were being leased that had too many people living in them. It was suggested that he contact his Property Owners Association. He also said a bulk clean-up should be held again in APCP. It was noted that this matter would be discussed at a future Board Work Session.

Dave Pope - brought up the subject of the Township’s Snow Removal Notice,  plowing at the end of Pope Road, problems at Cayuga and Laurel Drives, school busses exiting the Clear Run campuses too fast and not stopping, etc.  Discussion followed regarding busses driving at unsafe speeds on Echo Lake Road, etc. It was suggested that a letter be sent to the PMSD’s Transportation Director advising him of these problems.

Board of Supervisors Executive Sessions

Mr. Zito announced that the Board of Supervisors held an Executive Session on Tuesday, January 3, 2006 at 8:55 p.m. re: Real Estate and asked for a brief Executive Session re: Real Estate before adjourning this meeting.