Coolbaugh Township

Board of Supervisors

March 21, 2006 - Page 1

The Coolbaugh Township Board of Supervisors March 21, 2006 Regular Meeting was held in the Township Municipal Center, in building #3, at 5550 Memorial Boulevard, Tobyhanna, Pennsylvania.

Public Hearing - Proposed Zoning Amendment to Coolbaugh Township Code of Ordinances Number 97, Chapter 27, Zoning  - “Planned Business Center”

Prior to tonight’s regular meeting a Public Hearing was held at 6:30 p.m. to consider public comment on the proposed Zoning Amendment to Coolbaugh Township Code of Ordinances Number 97, Chapter 27, Zoning  - “Planned Business Center”. Chairman Zito started the Public Hearing and then turned the matter over to Township Solicitor Jerry Hanna.

Solicitor Hanna read a memorandum to the Board and the public, which described the amendments and announced that the draft amendments have been available for review at the Township Offices, the Pocono Record office and the Monroe County Law Library. Jim Preston, Arcadia’s attorney and their engineer were present. Discussion followed about the Planning Commission’s recommendation to remove the reference to “package liquor” from the amendment.

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.

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March 21, 2006 - Page 2

Approval of March 7, 2006 Meeting Minutes

Mr. O’Boyle moved to approve the March 7, 2006 regular Meeting Minutes as presented and dispense with the reading. Seconded by Mr. Hutchins. Discussion - none. The motion carried 5-0.

Adoption of Amendment to Coolbaugh Township Code of Ordinances Number 97, Chapter 27, Zoning re: Planned Business Center

Mr. Zito announced that the Board held a Public Hearing prior to the meeting to discuss the above referenced proposed amendment. Solicitor Hanna confirmed that proper notice was given and advertised and noted the input from both the Monroe County Planning Commission and the Township’s Planning Commission.

Mr. Hutchins moved to adopt the Amendment to the Coolbaugh Township Code of Ordinances Number 97, Chapter 27, Zoning re: Planned Business Center. Seconded by Mr. Frutchey. Mr. Zito mentioned that the Township Planning Commission had recommended that the reference to “package liquor” in §502.3.0, subsection (2)(a)(ii), Permitted Uses, be removed. Discussion followed regarding this issue. Public comment was heard from Jerry Teicher. The motion carried 5-0.

Extension request - Minor Subdivision / Final Land Development Plan - Pocono Mountains Office Commons

Mr. Frutchey made a motion to grant the request for an extension until May 16, 2006 on the Minor Subdivision / Final Land Development Plan - Pocono Mountains Office Commons, per the recommendation of the Planning Commission.  Seconded by Mr. Hutchins.  Discussion - public comment was heard from Cathy Rodriguez. The motion carried 5-0.

Florence Lenda’s appeal for approval to allow Lot 18 currently located in CoolbaughTwp. to be taxed in Tobyhanna Twp for purposes of a proposed Minor Subdivision joining lots 15, 16, 17 & 18, Block A-51, Section 10, Arrowhead Lake

Mark Robbins, PLS of Martin & Robbins Surveyors was present on behalf of the above referenced appeal. He said that this matter had come before the Board last July, but no

action was taken.

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March 21, 2006 - Page 3

Mr. Robbins explained that Florence Lenda owns all four lots and wants to join them; however, one lot lies in Coolbaugh Township and the rest in Tobyhanna Township. She was appealing to the Board to allow the lot in Coolbaugh Township to be taxed in Tobyhanna Township, so she could move ahead with the Minor Subdivision application. 

Mr. Hutchins moved to allow Lot #18, Block A-51, Section 10, in Arrowhead Lake owned by Florence Lenda to be taxed in Tobyhanna Township for the purpose of joining lots 15, 16, 17 & 18 as one lot.  Seconded by Mr. Frutchey.   Discussion - Ms. Kelly questioned the possibility of setting a precedent by approving this appeal, etc. Discussion followed.  Public comment was heard from John Eden. The motion passed 5-0.

Minor Subdivision to join lots 11 & 12,  Block 1912,  Section 19, Arrowhead Lake - Property Owners - Larry and Anneliese Jarema

Mr. Hutchins moved to approve the Minor Subdivision to join lots 11 & 12,  Block 1912,  Section 19, Arrowhead Lake - Property Owners - Larry and Anneliese Jarema. Seconded by Mr. O’Boyle. Discussion - none. The motion carried 5-0.

Minor Subdivision to join lots 268, 269  & 270 , Section E, A Pocono Country Place - Property Owner - Patricia Rivera

Mr. Hutchins moved to approve the Minor Subdivision to join lots 268, 269  & 270 , Section E, A Pocono Country Place - Property Owner - Patricia Rivera. Seconded by Mr. Frutchey. Discussion - none. The motion passed 5-0.

Minor Subdivision to join lots 534 & 535, Section H, A Pocono Country Place - Property Owners - Robert and Veronica Sweeney

Mr. Hutchins moved to approve the Minor Subdivision to join lots 534 & 535, Section H, A Pocono Country Place - Property Owners - Robert and Veronica Sweeney. Seconded by Mr. Frutchey. Discussion - none. Public input was heard from John Eden. The motion carried 5-0.

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Minor Subdivision to join lots 96-100, Section E and lots 21-30, Section F, Plotting 1, Pocono Summit Lakes - Property Owners - Peter and Florence Cegelka

Mr. Zito moved to approve the Minor Subdivision to join lots 96-100, Section E and lots 21-30, Section F, Plotting 1, Pocono Summit Lakes - Property Owners - Peter and Florence Cegelka. Seconded by Ms. Kelly. Discussion - none. The motion passed 5-0.

Agreement between Pastor Dennis Bloom and Coolbaugh Township re: Traffic Signal Plan

No one was present on behalf of the above referenced Traffic Signal Plan. Solicitor Hanna said he would contact Pastor Bloom’s attorney, C. William Shilling, regarding the matter. Mr. Hutchins moved to table discussion of the agreement between Pastor Dennis Bloom and Coolbaugh Township re: Traffic Signal Plan. Seconded by Mr. Frutchey. Discussion - none. The motion carried 5-0.

Requests from the Coolbaugh Soccer Association and the Pocono Mountain Youth Soccer Association for the use of the Township Municipal Park fields

Mr. Zito read letters from the Coolbaugh Soccer Association (CSA) and the Pocono Mountain Youth Soccer Association (PMYSA) requesting to use the fields at the Township Park. The letters outlined proposed schedules with times and dates.

Benito Juarez was present on behalf of the PMYSA. Discussion followed regarding Certificates of Insurance, and Mr. Zito commented that the PMYSA already had their certificate on file with the Township, etc.

Mr. Zito moved to approve the PMYSA request for use of the fields at the Township Park as outlined in their letter. Seconded by Mr. Hutchins. Discussion followed in which Ms. Kelly pointed out that the “Egg Hunt” was being held on April 8, 2006, one of the requested dates. Mr. Zito amended his motion to allow the use of fields if the game scheduled for April 8, 2006 can be held earlier (9:00 a.m.) or they can change that date. The amended motion was seconded by Mr. Hutchins. The motion carried 5-0.

Mr. Zito moved to grant the CSA request to use the fields at the Township Park as outlined in their letter dated January 26, 2006, conditioned upon a Certificate of Insurance being submitted naming Coolbaugh Township as Additional Insured and that the certificate must be submitted one week prior to the start of their season.

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March 21, 2006 - Page 5

Seconded by Mr. Hutchins.   Discussion - Mr. O’Boyle asked that the soccer groups do not park near the playground, due to the area becoming too congested. He suggested that these organizations be informed to park near the Depot gate. Further discussion followed regarding the mailing address for the CSA. The motion carried 5–0.

2006 Monthly Reports

Coolbaugh Township Volunteer Fire Company

Mr. Harrison reported that the new 2006 KME Pumper fire truck will be delivered to the fire house on March 22, 2006. He thanked the Board of Supervisors for all of their support. Mr. Harrison noted that the refurbished 1983 Mack tanker fire truck will arrive next week. He also requested that a Burning Ban be approved from March 27, 2006 through Memorial Day, May 29, 2006 or at the discretion of the Fire Chief.

The February 2006 Monthly Report for the Coolbaugh Township Volunteer Fire Company (CTVFC) was presented as follows: 3 dwelling fires, 2 chimney fires,

3 automatic fire alarms, 3 assist other fire companies, 3 wires down/pole fires, 4 vehicle accidents, 1 extrication and 3 miscellaneous for a total of 22 calls. A total of 268.07 man hours were expended on the 22 calls and 741.00 man hours were spent on drills and training. $467,000.00 was the estimated dollar value on buildings/vehicles involved in fire and $87,000.00 was an estimated dollar loss due to fire.

Further discussion followed about the Bingo fund-raiser. Public comment was heard regarding the Burning Ban from John Eden, Bruce and Joyce Hanby, Jerry Teicher, Lorna O’Farrell Rodriguez and an unidentified lady from the audience.

Monroe County Road Task Force

Mr. Frutchey gave a report from the Monroe County Road Task Force (MCRTF) meeting he attended on March 7, 2006. He suggested that at their upcoming Work Session, the Board must discuss projects they want presented to the task force, so he can take the project list to the next meeting of the MCRTF scheduled for April 4, 2006.

Pocono Mountain Regional Emergency Medical Services

Mr. O’Boyle did not a have a PMREMS report, as he was unable to attend the last meeting, due to illness.

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Pocono Mountain Regional Police Commission

Mr. Zito presented the summary of the February 2006 PMRPD Monthly Report as follows: 1087 complaints, 80 accidents, 128 criminal arrests, 375 traffic arrests, 303 traffic warnings, and 17 ordinance arrests for a total of 1167 calls within the area covered by the regional police, which includes Tobyhanna, Tunkhannock and Coolbaugh Townships and the Borough of Mount Pocono. Mr. Zito noted that Coolbaugh Township was under hours. The next meeting of the Commission will be held on Tuesday, April 11, 2006.

Girl Scouts request for the use of the Municipal Center parking lot as a bus stop pick up \ drop-off to enable the girls to attend summer day program at Camp Pocono

Before the Board was a letter dated March 14, 2006 from Shirley Kelly, Chief Operating Officer for the Girl Scouts requesting the use of the Municipal Center parking lot as a bus stop for girls attending a day program at Camp Pocono in Tannersville, PA. Mr. Zito read off the details of the request and noted that the Scranton Girl Scout Council had sent a Certificate of Insurance naming Coolbaugh Township as Additional Insured.

Mr. Hutchins moved to approve the Girl Scouts request for the use of the Municipal Center parking lot as a bus stop pick up \ drop-off to enable the girls to attend a summer day program at Camp Pocono. Seconded by Mr. Frutchey. A brief discussion followed. The motion passed 5-0.

Request from the Olympic Sports Camp to add three buildings to the existing sewage system

Before the Board was information related to the above referenced request. Mr. Zito turned the matter over to Solicitor Hanna who gave an overview of the situation. Discussion followed regarding a Memorandum dated February 24, 2006 from Township SEO Tim Kresge recommending a more stringent pumping program than what is currently being

done and a cash bond being posted, along with Judge Vican’s approval, before considering the Sports Camp’s request.

Mr. Hutchins moved, upon the recommendation of the Township SEO, to have Solicitor Hanna contact the Olympic Sports Camp attorney, Joseph P. McDonald, to work out the details. Seconded by Mr. Zito. Discussion followed. Public comment was heard from Clare Colgan. The motion carried 5-0.

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Request for a $250.00 refund previously paid for Sewage Disposal System Permit #23-06 due to being denied because the lot is not big enough for a well and septic

Before the Board was a letter from Roman Novosiadlyi asking for a $250.00 refund previously paid for Sewage Disposal System Permit #23-06 due to it being denied because the lot is not big enough for a well and septic. Mr. Hutchins made a motion to approve the refund of $250.00 to Roman Novosiadlyi. Seconded by Ms. Kelly. Discussion followed. Public comment was heard from Alma I. Ruiz-Smith and Leo Colgan. The motion passed 5-0.

Bid award - Victoria Drive Culvert Bridge System

The Bid for the Victoria Drive Culvert Bridge System was advertised in the Pocono Record on Saturday, February 25 and Wednesday, March 1, 2006. Fifteen bid packages were sent out and one bid was received from Contech Construction Products (Contech Arch Technologies, Inc.) in the amount of $27,100.00.

In a letter dated March 17, 2006, Township Engineer Russ Kresge said he examined the bid proposal from Contech Arch Technologies, Inc. and found that it conforms to the requirements of the Contract Documents and the bid price of $27,100.00 is consistent with the estimated cost of this project. He went to say that it would be appropriate for the Board to accept this proposal.

Mr. O’Boyle moved to award the bid for the Victoria Drive Culvert Bridge System to Contech Arch Technologies, Inc. in the amount of $27,100.00, per their proposal. Seconded by Mr. Frutchey. Public comment was heard from John Eden and Alma I. Ruiz-Smith. The motion carried 5-0.

Authorization to Township Engineer to prepare bid specifications for 2006 Paving Project

Mr. Frutchey read of the list of roads that will be scheduled for paving this year.

Mr. Zito made a motion to authorize Township Engineer Russ Kresge to prepare bid specifications for the 2006 Road Paving Project, per the Memo prepared by the Township Roadmaster Jim Frutchey. Seconded by Mr. Hutchins. Public comment was heard from John Eden and Bob Sciarrone. The motion passed 5-0.

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March 21, 2006 - Page 8

Current Obligations

General Fund                                                $  90,085.38

Emergency Services Fund                      $300,000.00

Sewer System Fund                              $  17,169.97                                      

         Total Disbursements                             $407,255.35

Mr. Frutchey moved to pay the Current Obligations in the amount of $407,255.35. Seconded by Mr. O’Boyle. Discussion - none. The motion carried 5-0.

Discussion of long term solution for Township Clean Ups

Mr. Frutchey reported on research he had done in the process of developing a long term solution for Township Clean Ups, including a visit to Polk Township, which is currently involved in a program similar to the one being considered for the Township. Discussion followed about the blue recycling bins and the possibility of the Township financing them and moving them to a private community where the Monroe County Municipal Waste Authority would be responsible for picking up the contents. Further discussion followed about fencing at the Road Department, doing a cost estimate for getting the dumpsters delivered on a regular basis, starting the new program after the Spring Clean Up in June, etc.

Mr. Hutchins moved to approve proceeding to get more information. Seconded by Mr. O’Boyle. Discussion followed. The motion was withdrawn and it was the consensus of the Supervisors that a motion was not needed, as they were all in agreement that Mr. Frutchey should continue to gather more information.

Other Business

Kettle Creek Environmental Fund Donation

Mr. Frutchey moved to approve a donation to the Kettle Creek Environmental Fund (KCEF) in the amount of $500.00. Seconded by Mr. Zito.

Discussion followed regarding the positive impact of the environmental programs supported through the KCEF.  Mr. Hutchins questioned whether the donation should be given with taxpayer money, etc. Discussion followed.

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The public was asked for their input. Jerry Teicher and an unidentified audience member spoke highly of the programs and supported the donation. The motion was called and carried 4-1-0 (Mr. Hutchins opposed).

Agility Program

Mr. Frutchey noted that considerations for the Agility Program with PennDOT would be discussed at the upcoming Board Work Session scheduled for March 28, 2006.

Supervisors attend Training Course

Mr. O’Boyle reported that he and Ms. Kelly attended the first session of a Supervisors Training Course last Saturday, March 18^th and will attend again on March 25^th.

Public Input

Robert Sciarrone - distributed a copy of a letter that was sent to him by Karen White, Property Manager for A Pocono Country Place (Country Place).  Mr. Zito felt that the Township meeting was not the proper place to discuss a letter and suggested that Mr. Sciarrone  discuss the letter with the  Country Place Board of Directors.

John Eden - said he supported spraying for the gypsy moths in general, but was opposed to the Township paying $40,000.00 for the Gypsy Moth Program and felt that the residents who benefitted from the spraying should be charged $12.00 per acre. Discussion followed.

Jerry Teicher - asked what constitutes  scrap metal.  Discussion followed.  He also asked questions related to the paving on State Route 611 and questioned whether or not it was thick enough. 

Bruce Hanby - asked if the Township could look into getting a vendor to collect waste oil, paint, paint thinners, etc.  Discussion followed.

John Eden - brought up the newly acquired Emergency Access Road in the main section of A Pocono Country Place and expressed the opinion that the Township should bear the costs associated with paving and maintaining the road, because it is an Emergency Access for residents. Discussion followed regarding the Township not being able to this for a private community, etc.