Coolbaugh Township

Board of Supervisors

May 17, 2006 - Page 1 

The Coolbaugh Township Board of Supervisors May 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, Township Secretary Linda Frutchey and Alternate Township Engineer Jack Jolly. 

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 May 2, 2006 Meeting Minutes 

Ms. Kelly moved to approve the May 2, 2006 regular Meeting Minutes as presented and dispense with the reading.  Seconded by Mr. Hutchins.  Discussion - none.  The motion carried 5-0. 

Status of equity action against lot 599, Section K, A Pocono Country Place re: grinder malfunction 

Mr. Zito and Solicitor Jerry Hanna explained the sewage malfunction issues associated with Lot 599, Section K, A Pocono Country Place - property owner Marisel Marin. Solicitor Hanna said he and Township SEO Tim Kresge had been working together to resolve the problem, that Mr. Kresge had solicited quotes in a not to exceed amount of $4,550 for repair of the grinder pump. He did not feel a tank was necessary, however.  

Board of Supervisors

May 17, 2006 - Page 2 

Mr. Hanna recommended that the Board authorize proceeding with the repair of the grinder pump and include the tank even though the replacement of the tank may not be necessary at Lot 599, Section K, A Pocono Country Place (Marisel Marin). 

Mr. Hutchins moved to approve the Township to contract with the company Semper Fi at a price not to exceed $4,550 to repair the grinder pump and tank if necessary at Lot 599, Section K, A Pocono Country Place (Marisel Marin). Seconded by Mr. Zito. Discussion followed in which Solicitor Hanna noted that he is moving forward with action to place a municipal lien against the property owner, Marisel Marin. Public comment was heard from Werner Frank who said PAWC could provide a grinder pump. It was pointed out that Tim Kresge had already contacted PAWC and they would not provide a pump. The motion was called and carried 5-0. 

Roadway Widening Project - Summit Avenue and Manor Drive  

Lou Cozza of Niclaus Engineering was present to explain the road widening project at Summit Avenue and Manor Drive. Mr. Cozza said that as part of a Land Development process for the new 84 Lumber store in Tobyhanna Township, 84 Lumber must widen Summit Avenue at Manor Drive in Coolbaugh Township to facilitate truck turning maneuvers leaving the store. A PennDOT permit is required to do this, and because Summit Avenue is a Coolbaugh Township road, the Township is required to be the applicant for the permit. Mr. Cozza said that all work will be performed by 84 Lumber and its contractor at no cost to the Township with no application fees, etc. Discussion ensued over STOP signs that are a nuisance, etc. 

Mr. Frutchey made a motion to move forward with the road widening project plan at Summit Avenue and Manor Drive, and, at no cost to Coolbaugh Township, Coolbaugh Township will be the applicant on the PennDOT permit. Seconded by Mr. Hutchins. Discussion followed in which Mr. Cozza confirmed that if there are any significant changes to the plan, the Township will be advised. Mr. O’Boyle asked if the motion could be amended to include the words “as presented”. Mr. Frutchey agreed and the motion was amended. The motion passed 5-0. 

Extension request Scavello Route 940 Land Development Plan 

Lou Cozza of Niclaus Engineering was present on behalf of the above referenced Land Development Plan.  

Board of Supervisors

May 17, 2006 - Page 3 

He explained that the applicants wanted to obtain an easement from Ray Price Ford; however, Ray Price did not want to grant the easement, since they purchased three lots. As a result, the applicants must make changes to their plan and are requesting an extension on their project until August 15, 2006. 

Mr. Hutchins moved to grant the extension request for the Scavello Route 940 Land Development Plan until August 15, 2006. Seconded by Mr. Frutchey. Discussion - none. The motion carried 5-0. 

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

Chuck Diacont and Shawn Langen of Arcadia Properties, LLC were present on behalf of the above referenced plan. Mr. Diacont said that the applicants want to construct five office buildings in a campus-like setting, to be developed, owned and maintained in a condominium type association. The overall lot meets the requirements for setback and coverage; however, individually each building could not stand on its own lot. Township Engineer Russ Kresge determined that because the proposed plan would not be in compliance with Section 601.2 of the Ordinance, requiring one building per lot, the applicants must go before the Zoning Hearing Board for a variance. Discussion followed about needing more time to change the plans, etc. 

Mr. Zito moved to grant an extension until August 16, 2006 on the Pocono Mountains Office Commons Minor Subdivision Plan/Final Land Development Plan. Seconded by Ms. Kelly. Discussion followed about the August 15^th extension date for the Scavello 940 project and the August 16^th date for the office commons. It was determined that the requests were based around the Board’s August 15, 2006 regular meeting date. The motion passed 5-0. 

Arcadia North Business Park - South Phase - Section 1 - Preliminary/Final Subdivision Plan  - Waiver Requests  

Chuck Diacont and Shawn Langen of Arcadia Properties, LLC, Jim Preston, Esq., attorney for Arcadia Properties and August Antol of Liberty Engineering were present on behalf of the Arcadia North Business Park- South Phase - Section 1- Preliminary/Final Subdivision Plan - Waiver Requests. 

Alternate Township Engineer Jack Jolly was present to assist in the discussion of the waiver requests.

Board of Supervisors

May 17, 2006 - Page 4 

Attorney Preston and Mr. Antol gave an overview of the waivers needed.  Discussion followed.  A five minute break was taken to allow the Secretary to copy the May 11, 2006 Memorandum from Jeri Inness, PC Recording Secretary and Russ Kresge, Township Engineer’s letter of May 5, 2006.  Attorney Preston suggested that the waiver requests outlined in Mr. Szewczak’s letter of May 12, 2006 could be followed.  It was the consensus of everyone to follow the suggestion. 

Discussion took place prior to each of the following motions as to why the waivers were being requested:

Mr. Hutchins moved to grant the waiver for a road design that would connect to SR 611 with a temporary intersection at Tegawitha Road with the condition that the applicant agree to the necessary up-grades.  Seconded by Mr. Frutchey.  Discussion - Harry Smith in the audience reminded everyone that the intersection is PennDOT’s and would need approval. Discussion followed. The motion was withdrawn by Mr. Hutchins and Mr. Frutchey. 

Mr. Hutchins moved to grant the waiver request for a temporary road design for the use of Tegawitha Road north bound (located behind Mama Maria’s Pizzeria) with the condition that the island reconfiguration be at the applicant’s expense if deemed necessary; Tegawitha Road is to be maintained and repaired at applicant’s expense until PennDOT’s approval of the 611 connection and construction is completed. Seconded by Mr. Frutchey.  Discussion - none. The motion carried 5-0. 

Mr. O’Boyle moved to allow the waiver of the 300 ft curve radii to be posted at 35 mph.  Mr. Frutchey said he would second the motion if he agreed to add the wording: Township Code of Ordinances, Chapter 22, Subdivision and Land Development Ordinance, Part 5, Section 502.31A to the motion.  Mr. O’Boyle agreed to amend the motion.  Discussion - none.  The motion carried 5-0. 

Mr. Frutchey moved to grant the waiver request of the Township’s Code of Ordinances, Chapter 22, Subdivision and Land Development Ordinance, Part 5, Section 502.16 B & C to the requirement mandating use of collector street criteria for all streets within a commercial or industrial area.  Seconded by Ms. Kelly. Discussion - none. The motion carried 5-0. 

Board of Supervisors

May 17, 2006 - Page 5 

Mr. Frutchey moved to grant the waiver request of the Township’s Code of Ordinances, Chapter 22, Subdivision and Land Development, Part 5, Sections 502.17, 502.19 and 502.21C for the length of the cul-de-sac, until the end of 2008, allowing the developer to have a temporary turn-around until the roadway can be completed.  Seconded by Mr. Zito.  Discussion - none.  The motion carried 5-0. 

Mr. Hutchins moved to grant the waiver request for Section 104.2A(4) of the Natural Features Ordinances relating to the requirement that there shall be no disturbance within the wetland buffer area. Seconded by Ms. Kelly. Discussion - it was pointed out to the applicant that Section 104.2A(4)(d) required permanent pins for the wetland delineation points to be set.  Mr. Preston and Mr. Diacont  indicated acceptance of that requirement.  The motion carried 5-0. 

Mr. Zito made a motion to grant the waiver of the Township’s Code of Ordinances, Chapter 22, Part 5, Section 502.28 to the requirements for 10 ft. shoulders on the Connector Street and allow an 8 ft. shoulder width for three lane section. Seconded by Mr. Frutchey.  Discussion - none. The motion carried 4-1-0 (Mr. O’Boyle opposed). 

Mr. Langen said that they were trying to expedite the Arcadia North Business Park Subdivision and the Project Nest plans, and he asked if Alternate Engineer Jack Jolly could do reviews on the revised plans until Township Engineer Russ Kresge returns from vacation. It was the consensus of the Supervisors that Mr. Jolly should review the plans.  

Request from the Pocono Mountain Youth Soccer Association for the use of the Township Park pavilion and field  

John Mazza of the Pocono Mountain Youth Soccer Association was present on behalf of a request to use the Township Park pavilion and field on June 9, 2006 and to have any applicable fees waived. Discussion followed in which Mr. Mazza thanked the Board and Parks & Recreation Commission for their efforts at the park. He also expressed concerns about the goals, posts and nets needing maintenance. Because other soccer teams use the equipment too, he did not feel the PMYSA should be responsible for repairs, etc. 

Board of Supervisors

May 17, 2006 - Page 6 

Further discussion followed about the possibility of putting lights powered by a generator at the field, because the end of September through the middle of November is very dark compared to summer hours. Another request was made for permission to install a shed, approximately 10' x 12' and at PMYSA cost, at the field in order to provide a place to store their equipment. It was determined that a Memo regarding the request should go before the Parks & Recreation Commission and then come back to the Board and that the matter should also be discussed with the Facility Manager. 

Mr. Hutchins moved to approve the request from the PMYSA for the use of the Township Park Pavilion and field on June 9, 2006 and to waive the fees. Seconded by Mr. Zito. Discussion - none. The motion carried 5-0. 

Minor Subdivision to join lots 601 & 602, Section E, Stillwater Estates - Property Owners - Bob and Danuta Tarnowski 

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

Mr. Frutchey moved to approve the Minor Subdivision for Bob and Danuta Tarnowski for joining lots 601 & 602, Section E, in Stillwater Estates.  Seconded by Mr. Hutchins.  Discussion - none.  The motion carried 5-0. 

Minor Subdivision to join lots 486 & 487, Section H, A Pocono Country Place -  Property Owner - Louis Dagosto 

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

Mr. Hutchins moved to approve the Minor Subdivision plan to join lots 486 & 487, Section H, in A Pocono Country Place for Louis Dagosto.  Seconded by Ms. Kelly.  Discussion - none.  The motion carried 5-0.  

2006 Monthly Reports 

Coolbaugh Township Volunteer Fire Company 

Mr. Frutchey reported that the April monthly report would be presented next month.

Board of Supervisors

May 17, 2006 - Page 7 

Monroe County Road Task Force 

Mr. Frutchey said there was no meeting of the Monroe County Road Task Force this month.

Pocono Mountain Regional Emergency Medical Services 

Mr. O’Boyle said there was nothing to report from the PMREMS. 

Pocono Mountain Regional Police 

Mr. Zito presented the summary of the April 2006 PMRPD Monthly Report as follows: 1215 complaints, 67 accidents, 115 criminal arrests, 217 traffic arrests, 177 traffic warnings, and 21 ordinance arrests for a total of 1282 calls within the area

covered by the regional police, which includes Tobyhanna, Tunkhannock and Coolbaugh Townships and the Borough of Mount Pocono. The next meeting will be held on June 13, 2006. 

Request from the PIFIA Blackhorse Pirates of the Sunday Men’s Softball League for the use of the Township Park “Volunteer Field” 

Mr. Zito read a letter from Michael Fagan and discussed the request from the PIFIA Blackhorse Pirates of the Sunday Men’s Softball League for the use of the Township Park “Volunteer Field”. 

Mr. Hutchins made a motion to conditionally approve the dates and times requested by the PIFIA Blackhorse Pirates, subject to confirming with Facility Manager Wayne Regan that there are no conflicts with the Little League schedule and that the softball league provides a Certificate of Insurance. Seconded by Mr. Zito. Further discussion - none. The motion passed 5-0. 

Agility Agreement between Coolbaugh Township and PennDOT re: removal of tree limbs on State Route 196 

Mr. Frutchey explained that PennDOT is willing to form an Agility Agreement with the Township based on work performed by two local gentlemen volunteers, Keith Hudson and Roderick Chappelle, and the Township Road Department for the removal of brush along State Route 196. No action was taken, but the proposal will be discussed with the two volunteers. 

Board of Supervisors

May 17, 2006 - Page 8 

Current Obligations 

General Fund                               $119,874.13

Escrow Fund                                $    4,240.00

Sewer System Fund                    $  15,444.80  

Total Disbursements                   $139,558.93 

Ms. Kelly moved to approve the Current Obligations in the amount of $139,558.93. Seconded by Mr. Frutchey. Discussion - none. The motion passed 5-0. 

Authorization to advertise position of Controller / Business Manager 

Mr. Frutchey asked that this matter be tabled until the next Board Work Session, where it could be reviewed as discussed at the last Work Session.  

Ms. Kelly said the length of time needed to advertise the position could be six to eight weeks, etc. An Executive Session was requested; however, the Board continued with the rest of the business and agreed to go into an Executive Session afterwards. 

Other Business 

Announcements    

Mr. Zito announced Ray Owens, one of our soldiers from Tobyhanna, who is stationed in Ramadi, Iraq is home for several weeks, and he sends us his best wishes. 

Mr. Frutchey announced that the Township has received a check in the amount of $398,932.92 from the Department of Environmental Protection for our Recycling Program. 

Ms. Kelly reminded everyone about the 150^th Anniversary Express on May 28, 2006 from 12:00p.m. to 3:00 p.m., in commemoration of the anniversary of the first passenger train to stop at the Tobyhanna station on May 27, 1856.  She asked if the American Flag could be installed on the poles through town by our Township employees. Discussion followed regarding the lengthy time frame necessary for approval of the display of flags, due to strict clearance requirements, a detailed application process,  inspection of each pole, etc.   

Board of Supervisors

May 17, 2006 - Page 9 

Ms. Kelly asked that the Township Facility Manager provide something in writing on the matter to be discussed at the May 23, 2006 Work Session.  

Building Codes Enforcement Grant Close-out Report 

Before the Board was information regarding a request made to the DCED to amend the project budget for a Grant awarded for the Inter-municipal Building Codes Enforcement Program. Because the first grant budget was written after the program had been in effect, start-up costs projected into the future did not recur and could not be counted within the time line restrictions of the grant. In order to keep the

$20,000  grant, an amended project budget was approved by DCED; however, there was a shortfall of $7,000, due to the prior expenses not being acceptable.  

The Board was asked to consider a transfer of $7000 from the General Fund to the Building Code Fund to make up the difference, with the stipulation that items purchased with the $7000 would be the sole assets of Coolbaugh Township and inventoried as such. 

Mr. Hutchins moved to transfer $7000 from the General Fund to the Building Code Fund to comply with the time line for expenditures required by the DCED Grant Close Out Report, in order to retain a $20,000 grant issued in support of the Inter-municipal Building Codes Enforcement Program. Seconded by Mr. Frutchey. Discussion followed about not having enough time to review the matter. The motion was called and carried 3-1-1 (Ms. Kelly opposed and Mr. Zito abstained).  

A break was taken in the meeting for an Executive Session at 9:20 p.m. The meeting reconvened at 10:16 p.m. 

Position of Controller / Business Manager 

Mr. Zito moved to table the discussion of the Controller / Business Manager until the Work Session on Tuesday, May 23, 2006. Seconded by Ms. Kelly. Discussion - Mr. Zito announced that on May 23, 2006 a Conditional Use Hearing would be held at 6:00 p.m.; a Special Meeting would follow at approximately 7:00 p.m. and be kept open until after the scheduled Work Session that would start at approximately 7:15 p.m.  The motion carried 5-0.