Coolbaugh Township Board of Supervisors

Reorganizational \ Business Meeting

January 3, 2006 - Page 1

The Coolbaugh Township Board of Supervisors, January 3, 2006 Reorganizational \ Business 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, Lynn Kelly, Joseph O’Boyle and Robert M. Zito.  Also in attendance were:   Township Solicitor Jerry F. Hanna and Township Secretary Linda Frutchey.

Welcome to the Board of Supervisors

Mr. Frutchey speaking on behalf of the Board welcomed Ms. Kelly and Mr. O’Boyle to the Board of Supervisors and asked that each of them give the Secretary their Oath of Office.

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.

Organization of the Board of Supervisors

Election for the Board of Supervisors Chairman

Mr. Frutchey called for nominations for the position of Chairman.  Mr. Hutchins moved to nominate Jim Frutchey as Chairman.  Ms. Kelly moved to nominate Robert Zito as Chairman.  No other nominations were heard.  A vote was taken; the nomination for Mr. Frutchey as Chairman was 2-3-0. (Mr. Zito, Mr. O’Boyle and Ms. Kelly opposed); those in favor of Mr. Zito as Chairman was 5-0.   The nomination for Chairman went to Mr. Zito. 

Mr. Hutchins thanked Mr. Frutchey for his 14 years of service as Chairman of the Board of Supervisors for Coolbaugh Township, the meetings were run very professionally, etc.

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Mr. Zito went on to say that the Township went through tremendous growth that were met with Jim as Chairman for the Board and thanked him for his dedication and his services to the Township, etc. 

He proceeded to say that the three veteran supervisors worked well together even if they hadn’t always seen eye to eye.  Mr. Zito welcomed the public’s suggestions and criticisms.

Election for the Board of Supervisors Vice-Chairman

Mr. Zito called for nominations for the position of Vice Chairman.  Mr. Frutchey nominated Robert Hutchins as Vice-Chairman of the Board of Supervisors.  Mr. Zito nominated Mr. O’Boyle as Vice-Chairman of the Board of Supervisors.  No other nominations were heard.  A vote was taken; those in favor of Mr Hutchins as Vice-Chairman was 2-3-0 (Mr. Zito, Mr. O’Boyle and Ms. Kelly opposed); those in favor of Mr. O’Boyle as Vice-Chairman was 5-0.  The nomination for Vice-Chairman went to Mr. O’Boyle.

Appointment or Reappointment of Other Township Officials

Township Secretary

Mr. Zito called for nominations for the position of Township Secretary.  Mr. Hutchins nominated Linda Frutchey as Township Secretary.  No other nominations were heard.   The nomination for Ms. Frutchey carried 4-0-1 (Mr. Frutchey abstained).

Township Treasurer

Mr. Zito called for nominations for the position of Township Treasurer.  Ms. Kelly nominated Pat Eden as Township Treasurer.  The nomination for Ms. Eden carried 5-0.

Assistant Township Treasurer

Mr. Zito called for nominations for the position of Assistant Township Treasurer.  Mr. Zito nominated Lynn Kelly as Assistant Township Treasurer. No other nominations were heard.    The nomination for Ms. Kelly carried 5-0..

Road Master

Mr. Zito called for nominations for the position of Road Master.  Mr. Hutchins nominated Mr. Frutchey as Road Master.  No other nominations were heard.  The nomination for Mr. Frutchey carried 5-0.

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Appointment or Reappointment of Solicitors and Township Engineer

Township Solicitor

Before the Board was a letter and a proposed budget from Jerry F. Hanna, Attorney at Law, expressing his interest in continuing as Township Solicitor in 2006.   Mr. Hutchins nominated Jerry Hanna as Township Solicitor. No other nominations were heard.   The nomination for Jerry Hanna carried 5-0.

Planning Commission Solicitor

The following letters of interest were before the Board:  H. Clark Connor, Attorney at Law, expressing his interest in continuing as the Township Planning Commission Solicitor in 2005 at a rate of $100.00 per hour, the same as last year.  Timothy B. Fisher, II with a resume expressing his interest as the Planning Commission Solicitor in 2006 at a rate of $95.00 per hour.

Mr. Hutchins nominated H. Clark Connor as Planning Commission Solicitor. No other nominations were heard.   The nomination for Clark Connor carried 5-0.

Zoning Hearing Board Solicitor

The following letters of interest were before the Board:  H. Clark Connor, Attorney at Law, expressing his interest in continuing as the Township Zoning Hearing Board Solicitor in 2006 at a rate of $100.00 per hour, the same as last year.  Timothy B. Fisher, II with a resume expressing his interest in the position of Solicitor for the Township Zoning Hearing Board at a rate of $95.00 per hour.

Mr. Frutchey nominated Clark Connor.   Ms. Kelly nominated Timothy Fisher II.  No other nominations were heard.  Discussion followed Mr. Hutchins pointed out that there is a letter in the board packets from the Zoning Hearing Board members recommending that Clark Connor be appointed as their Solicitor, etc.  Mr. Zito said the ZHB members had not seen the letter of interest from Timothy Fisher II.  A lengthy discussion followed. 

The nomination for H. Clark Connor as Zoning Hearing Board Solicitor carried 3-2-0 (Mr. Zito and Ms. Kelly opposed).

Township Engineer

Before the Board was a letter from Russell R. Kresge, Jr., P.E., P.L.S. of Russ Kresge & Associates, Consulting Engineer, expressing his interest in continuing as the Township Engineer in 2006 at a rate of  $70.00 per hour, the same as last

year. Mr. Hutchins nominated Russ Kresge as Township Engineer.  No other nominations were heard.   The nomination for Russ Kresge carried 5-0.

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Township Resolution Number 01-2006 re: Depositories of Township Funds

Mr. Zito read the names of the financial institutions listed in the Resolution, which included Wachovia Bank, PLGIT, PLGIT/ARM, Principal Financial Group and Morgan Stanley.  Mr. Frutchey moved to adopt Township Resolution #01-2006.  Seconded by Mr. Hutchins.  Discussion - none.   The motion carried 5-0.

Establish the Amount of the Treasurer’s Bond - $500,000.00

Mr. Hutchins moved to establish the amount of the Treasurer’s Bond at $500,000.00.  Seconded by Mr. Frutchey.  Discussion - none.  The motion carried 5-0.

Resignation of Stephen Planchock as Coolbaugh Township Assessor - term of 4 years

Before the Board was a letter of resignation as Township Assessor from Stephen Planchock. Mr. Hutchins moved to accept the resignation of Stephen Planchock as the Township Assessor.  Seconded by Mr. Zito.  Discussion followed about what duties are associated with the Assessor.  The motion carried 5-0.

Appointment to the Township Board of Auditors - term ending 2006

Before the Board was a letter of interest in serving on the Board of Auditors from Stephen Planchock.  Mr. O’Boyle motioned to appoint Stephen Planchock to the Board of Auditors with term ending 2006.  Seconded by Ms. Kelly.  Discussion - Mr. Ferguson pointed out that the term should end in 2007.  Discussion followed in which Mrs. Frutchey said she would look into the matter. The motion carried 5-0.

Resignations of Richard Lockwood and John Horn from the Environmental Advisory Council (EAC) - terms ending 2006 and 2007

Before the Board were letters of resignation from the EAC from Richard Lockwood (2006) and John Horn (2007).  Mr. Hutchins moved to accept with regret the resignations of Mr. Lockwood and Mr. Horn from the EAC.  Seconded by Ms. Kelly. The motion carried 5-0.

Three appointments to the Environmental Advisory Council (EAC) - terms ending 2006, 2007 and 2010

Before the Board were letters of interest in serving on the EAC from Joseph O’Boyle, Clare Colgan and Susan Chappell.  Mr. Zito called for nominations to the EAC.

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Mr. Frutchey nominated Joseph O’Boyle as the annual EAC liaison from the Board of Supervisors and to the EAC term ending in 2006.  No other nomination was heard.  The nomination for Mr. O’Boyle carried 5-0.

Mr. Hutchins moved to nominate Clare Colgan to the term ending in 2007.  No other nominations were heard.  The nomination for Clare Colgan carried.  5-0.

Ms. Kelly nominated Gratz Washenik.  Mr. Washenik thanked Ms. Kelly for the nomination but respectfully declined. 

Mr. Zito nominated Susan Chappell to the term ending 2010.  No other nominations were heard.  The nomination for Susan Chappell carried 5-0.

Board of Supervisors appointment of Chairman to the EAC

Mr. Zito moved to nominate Joseph O’Boyle to the annual appointment of Chairman to the EAC.  Seconded by Mr. Frutchey.  No other nominations were heard.  The nomination for Mr. O’Boyle carried 5-0.

Resignation of Joseph O’Boyle from the Parks and Recreation Commission - term ending 2009

Mr. Frutchey moved to accept with regret Mr. OBoyle’s letter of resignation from the Parks and Recreation Commission.  Seconded by Mr. Hutchins.  Discussion - Nancy Knecht and Clare Colgan commented on what a good job Mr. O’Boyle did while serving on the Commission.  The motion carried 5-0.

Two appointments to Parks and Recreation Commission - terms ending 2009 and 2010

Before the Board was a letter of interest for continuing to serve on the Parks and Recreation Commission from Karen Green.  Ms. Kelly moved to re-appoint Karen Green to the Parks and Recreation Commission with the term ending in 2010.  Seconded by Mr. Hutchins.  Discussion - none.  The motion carried 5-0.

Discussion followed as to whether to advertise the vacancy or go through the letters of interest from individuals who were willing to serve in other capacities.  Wayne Horne who was in the audience expressed a willingness to serve on the Commission.

Mr. Hutchins moved to appoint Wayne Horne to the Parks and Recreation Commission with the term ending 2009.  Seconded by Mr. Frutchey.  Discussion - none.  The motion carried 5-0.

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Appointments to the Planning Commission - term ending 2009

Before the Board were letters of interest for serving on the Planning Commission from:  Leo Colgan, Andrew Sterner, Norfus Green, Charles San Filippo, and Alma I. Ruiz-Smith.  Mr. Zito pointed out that Werner Frank had not submitted a letter to continue to serve in spite of telephone calls from most of the Supervisors.  Mr. Frank was thanked for his many years of dedication to the Planning Commission.

Mr. Zito called for nominations to the Planning Commission.  Nominations to serve on the Planning Commission were:  Mr. Frutchey moved to nominate Leo Colgan.  Ms. Kelly moved to nominate Alma Ruiz-Smith.  Ms.  Kelly moved to nominate Andy Sterner.  Mr. Hutchins moved to nominate Charles San Filippo.   Mr. Colgan thanked the board for the nomination but respectfully withdrew his letter of interest.  No other nominations were heard. 

Ms. Alma Ruiz-Smith and Mr. Andy Sterner were nominated to serve on the Planning Commission which carried unanimously.

Appointment to the Pocono Mountain Public Library Board of Trustees - term ending 2008

Before the Board were letters of interest for serving on the Pocono Mountain Library Board of Trustees from: Leo Colgan and Clancy W. Dennis.  Also there was a letter from Ann Shincovich, Director for the Library confirming that the Library Board of Trustees would like Clancy Dennis to be reappointed to serve on the Library Board.

Mr. Zito called for nominations.  Mr. Hutchins moved to nominate C.W. Dennis to the Board as per the recommendation of the Library Board of Trustees.   Seconded by Mr. Zito.  The motion carried 4-0-1 (Ms. Kelly abstained from voting). 

Appointment of Liaison to the Pocono Mountain Regional Emergency Medical Services

Before the Board was a letter of interest in serving on the Pocono Mountain Regional Emergency Medical Services (PMREMS) from Joseph O’Boyle.  Mr. Hutchins moved to

appoint Joseph O’Boyle to serve as Liaison to the PMREMS.  Seconded by Mr. Frutchey.  Discussion - Mr. Zito said that Mr. OBoyle will also sit on the PMREMS Board of Directors.  The motion carried 5-0.

Three (3) annual appointments to the Pocono Mountain Regional Police Commission

Before the Board were copies of letters from the following individuals expressing an interest to serve on the Pocono Mountain Regional Police Commission: Leo Colgan,

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Robert Zito and Vernon House, Jr. Also letters of interest for being re-appointed to serve on the PMRPC were received from Jim Frutchey, Jr., Robert Hutchins and Harry Smith.

Mr. Zito said that he was the Supervisor that requested the Agenda to read three annual appointments instead of two supervisors and one appointment from the public.  He further stated that he would like to see a citizen from A Pocono Country Place (APCP) be appointed to serve, being that Coolbaugh Township represents 52% of PMRPC’s budget

and that APCP represents 60% of the population and 30% of the resources, etc.  A lengthy discussion followed.

Mr. Zito called for nominations for citizens to serve on the PMRPC .  Ms. Kelly moved to nominate Harry Smith.  Mr. Zito moved to nominate Vernon House, Jr. pointing out the qualifications listed in his letter.  A lengthy discussion followed in which public comments were heard from Gratz Washenik, Alma Ruiz-Smith, Dan Ferguson, Ron Byrd, Leo Colgan, Nancy Knecht. Vernon House, Jr. and Cliff Otto.  The nomination for Harry Smith to the PMRPC carried 4-1-0 (Mr. Zito opposed).

Another lengthy discussion ensued regarding the importance of appointing 2 Supervisors to PMRPC. Mr. Zito called for nominations to the PMRPC.  Mr. Frutchey moved to nominate Bob Hutchins.  Mr. Hutchins moved to nominate Jim Frutchey.  Ms. Kelly moved to nominate Robert Zito. Mr. Zito moved to nominate Vernon House, Jr.  A lengthy discussion followed amongst the board members.  Public comments were heard from Mr. Washenik, Alma Ruiz-Smith, Dan Ferguson, Nancy Knecht, Ron Byrd, Linda Frutchey, Vernon House, Jr. and several members of the public who did not identify themselves.

Mr. Frutchey withdrew his letter of interest, thanking Mr. Hutchins for the nomination.  Discussion followed.  Vernon House, Jr. thanked the board for the nomination but withdrew his letter of interest.  Mr. Hutchins and Mr. Zito were selected to serve on the PMRPC.

Appointment to the Zoning Hearing Board - term ending 2008

Before the Board was a letter of interest to serve on the Zoning Hearing Board (ZHB) from Leo Colgan.  Mr. Hutchins moved to appoint Leo Colgan to the ZHB advising him that this is a very important position.  Mr. Frutchey seconded the motion.  Discussion - none.  The motion carried 5-0.

Annual appointment of Vacancy Board Chairperson

Before the Board was a letter of interest in the annual appointment of Vacancy Board Chairperson from Ralph Knecht, Sr.   Ms. Kelly moved to appoint Ralph Knecht, Sr. to the position.  Seconded by Mr. Zito.  Discussion - none.  The motion carried 5-0.

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Two appointments to the Coolbaugh Township Community Partnership

Before the Board was a letter from Lynn Kelly expressing an interest in serving as the Board’s liaison to the Coolbaugh Township Community Partnership (CTCP).  Mr. Hutchins moved to appoint Lynn Kelly as the Board’s liaison to the CTCP.  Seconded by Mr. Zito.  Discussion - none.  The motion carried 5-0.

Before the Board was a letter from Wayne Meyers expressing an interest in being re-appointed to serve on the CTCP.  Discussion followed on the length of the term.  Mr. Hutchins moved to re-appoint Wayne Meyers to the annual term on the CTCP.    Seconded by Ms. Kelly.    The motion carried 5-0.

Selection of Municipal Representative and alternate Representative to attend Council of Government Meetings

Before the Board were letters from Joseph O’Boyle and Robert Zito expressing an interest in serving as the Board’s representative to COG.   Mr. OBoyle withdrew his letter of interest.

Mr. Frutchey moved to select Mr. Zito as the representative to attend COG meetings.  Seconded by Mr. Hutchins.  Discussion - none.  The motion carried 5-0.

Ms. Kelly moved to select Mr. Frutchey to serve as the alternate representative to attend COG Meetings.  Seconded by Mr. O’Boyle.  Discussion - none.  The motion carried 4-0-1 (Mr. Frutchey abstained).

Selection of Municipal Representative to attend Monroe County Road Task Force Meetings

Before the Board was a letter of interest from Jim Frutchey to continue serving on the Monroe County Road Task Force as a representative from the Board, but he noted that he would withdraw the letter if any other of the Board members would like to serve in this capacity.   Mr. Hutchins moved to appoint Jim Frutchey to attend the meetings.  Seconded by Mr. Zito.  Discussion - none.  The motion carried 4-0-1 (Mr. Frutchey abstained).

Certify Delegates and Appoint One Delegate to serve as the Voting Delegate to the Pennsylvania State Association’s (PSATS) Annual Convention

Before the Board was a letter from Mr. Zito expressing an interest in serving as the voting delegate at the PSATS Convention.

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Mr. Frutchey moved to approve Mr. Zito’s attendance at the PSATS convention and to appoint him as the voting delegate, to allow any Supervisors and selected Township employees to attend the convention.  Seconded by Mr. Hutchins.  Discussion - Mr. Zito asked that the vote be amended to clarify which Township Employees can attend.  It was the consensus that the Secretary, Treasurer and Road Foreman can attend.  Mr. Frutchey and Mr. Hutchins amended their motion.  The motion carried 5-0.

Authorization to advertise Board of Supervisors Meetings \ Work Sessions for 2006

Following discussion about canceling the Work Session of April 25 due to the Supervisors being at the PSATS convention, Mr. Hutchins moved to hold Board Meetings on the first and third Tuesday of each month at 7:00 p.m. and Work Sessions on the fourth Tuesday at 7:00 p.m., with the exceptions of moving the July 4 meeting to Monday, July 3 and the  November 7 meeting to November 6, 2006 because of elections.  Seconded by Mr. Zito.  Discussion followed about not having the Secretary cancel the April Work Session at this time.  The motion carried 5-0.

Establish Holidays For Township Employees - calendar year 2006

Before the Board was a list of employee holidays for the calendar year 2006.  Mr. Hutchins moved to approve the 2006 Holidays for Township Employees as presented.  Seconded by Ms. Kelly.  Discussion - Gratz Washenik asked how many holidays were observed and asked that they be read off.  Mr. Zito answered eleven (11) and read off the list.  The motion carried 5-0.

Approval of December 20, 2005 Regular Meeting Minutes

Mr. Hutchins moved to approve the December 20^th, 2005 minutes as presented and dispense with the reading.  Seconded by Mr. Frutchey.  Discussion - Mr. Zito asked that on page 3, “Discussion of representation on the Pocono Mountain Regional Police Commission” that his name be listed for requesting that the Agenda item for PMRPC Commission appointments at the January 3^rd Re-organizational Meeting be left as three (3) appointments.  The motion carried 3-0-2 (Mr. O’Boyle and Ms. Kelly abstained).

December 29, 2005 Special Meeting Minutes

Mr. Frutchey moved to approve the December 29^th, 2005 minutes as presented and dispense with the reading.  Seconded by Mr. Hutchins.  Discussion - none.  The motion carried 3-0-2 (Mr. O’Boyle and Ms. Kelly abstained).

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Proposals to provide services as Certified Public Accountant for Coolbaugh Township

The following Proposals to provide services as Certified Public Account for Coolbaugh Township were received from: Kirk, Summa & Co., LLP at a not to exceed $10,000.00; Murphy, Dougherty & Company at $15,750.00; Todd J. Bushta, CPA at $8,500.00; Raymond G. Zavada, CPA at a not to exceed $11,800.00 and Zelenkofske Axelrod LLC at 2005 for $7,500.00, 2006 at $7,725.00 and 2007 at $7,955.00.   Also before the Board was a memorandum from the Township Secretary recommending Todd J. Bushta, CPA. 

Mr. Hutchins moved to approve Todd J. Bushta as recommended by Township staff to do the audit for Coolbaugh Township in the amount of $8,500.00.  Seconded by Mr. Frutchey.  Discussion followed about the proposals submitted. Mr. Zito said he would like to recommend Raymond Zavada as he personally worked with him and he is very professional and did an excellent job.  Public comments were heard from Dan Ferguson.  The motion carried 4-1-0 (Mr. Zito opposed).

Adoption of Township Resolution Number 02-2006 re: Appointment of Certified Public Accountant

Motion by Mr. Hutchins to adopt Township Resolution #02-2006 the Appointment of Certified Public Accountant to Todd J. Bushta at a fee of $8,500.00.  Seconded by Mr. Frutchey.  Discussion - none.  The motion carried 5-0.

Authorization to BCM Engineers to prepare Municipal Wasteload Management (Chapter 94) Report

Mr. Frutchey moved to authorize Dave Kavitski of BCM Engineers to prepare the Municipal Wasteload Management (Chapter 94) Report at a not to exceed $2,000.00. 

Seconded by Mr. Hutchins.  Discussion - none.  The motion carried 5-0.

Current Obligations

General Fund                                     $300,199.22

Escrow Account                                $    6,080.00

Sewer System Fund             $       500.00

Total Disbursements            $306,779.22

Mr. Hutchins moved to pay the Current Obligations as listed.  Seconded by Mr. Frutchey.  Discussion followed about the invoice to Kuharchik Construction, Inc. that was for the traffic signals at Summit Avenue.  The motion carried 5-0.

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

Mr. Zito said this agenda matter would be at the end of the meeting as the Board would go into an Executive Session to discuss the matter. 

Other Business

Authorization to advertise:  “Notice re: vehicles left on Township Right of Way during periods of ice and snow removal will be towed at owners expense” and for the position of Waste Water Treatment Operator

Ms. Kelly moved to authorize the above referenced advertisements and noted a correction on the first advertisement (payment to pavement).  Seconded by Mr. Hutchins.  Discussion followed about snow on the right-of-ways.  Public comment was heard from Cliff Otto.  The motion carried 5-0.

Public Input

Cliff Otto - Questioned why the snow plowing  in the Pocono Farms East Development occurs much later this year than in previous years.  Discussion followed.

Gratz Washenik - asked about the findings from Solicitor Hanna relating to John J. Riley Accounting Firm not being able to do the 2005 audit.  Discussion followed about the Secretary sending a letter of appointment with copy of the adopted Resolution to the firm each year, but the Township never had a formal letter of engagement with certain terms.  Mr. Washenik suggested that the firm pay the cost for advertisements. Discussion followed.

Authorization to send letter to the John J. Riley, CPA Firm

Mr. Hutchins motioned to direct the Secretary to send a letter to the John J. Riley CPA Firm requesting reimbursement for the cost of the advertisements.  Seconded by Mr. Frutchey.  Discussion followed. The motion carried 4-1-0 (Ms. Kelly opposed).