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06/15/2010 Meeting Minutes

 PARADISE TOWNSHIP BOARD OF SUPERVISORS

REGULAR MEETING MINUTES

JUNE 15, 2010 – 6:00 P.M.

 

Call to Order

Chair Troutman called the meeting to order at 6:02 p.m.

 

Roll Call

Officials Present

Louise Troutman – Chair

Michael Flood – Vice Chair

Reda Briglia – Secretary-Treasurer

John C. Prevoznik – Solicitor

Charles Unangst – Engineer

Debra Brady – Zoning Officer

 

Pledge of Allegiance

Troutman led the Pledge of Allegiance to the Flag.

 

Public Comment Statement

Troutman read the public comment statement “Ladies and gentlemen, before the Board of Supervisors votes on any matter, the Board will allow for public comment on that particular item.  If you wish to be heard at that time, please raise your hand, and you will be recognized.  A public comment period will be held at the end of the regular agenda for any other business.”

 

Executive Session

Troutman announced that an Executive Session was held on June 14, 2010 at Solicitor Prevoznik’s office for litigation and real estate matters.

 

Approval of Minutes

Motion:  Troutman moved and seconded by Briglia to approve the June 3, 2010 Board of Supervisors meeting minutes as presented.

Troutman-aye, Briglia-aye, Flood-abstain (not present).

 

Treasurer’s Report

Briglia presented the Treasurer’s report as attached. 

 

Motion:  Flood moved and seconded by Troutman to approve the Treasurer’s Report as submitted.

Motion carried 3-0.

 

New Business         

A.       DCNR Wildfire Hazard Community – Troutman read the letter from DCNR informing the Township that the community has been identified as a community at risk of wildfire.  Troutman stated that a Firewise Conference would be held in September in Gettysburg.  Briglia stated that Troutman should go since she is the Emergency Management Coordinator.  After discussion, Troutman and Flood will inform Briglia if they are available and if not Briglia should plan on attending.

 

B.        National Incident Management System – Briglia stated that she has sent a memo to Flood and Troutman and attached the PEMA newsletter that states, “To preclude jeopardizing future Federal funding, all State departments, commissions and agencies, counties and municipalities must become fully NIMS compliant”.  Briglia stated that NIMS training, available on-line, had been discussed three times previously and Troutman and Flood have not taken the required courses.  Briglia stated that she does not want to see the current grants that the Township has applied for rejected due to not meeting the NIMS requirements.  Briglia reminded the Board that there is a $500,000.00 bridge grant, and a new $300,000.00 solar grant, and a $1,700,000.00 open space grant applied pending.  Briglia also explained and submitted information which states that the Supervisors can be surcharged for failure to take actions required by law that result in a financial loss to the Township.   

 

C.       FEMA Hazard Mitigation Grant Program – Briglia stated that she wanted to make Troutman and Flood aware that several counties in Pennsylvania were declared a major disaster due to the snowstorms in February.  The declared disaster makes the affected counties eligible for federal disaster funding.  Although Monroe County was not included in the disaster declaration it would be questionable if the Township would receive any funding due to not meeting the NIMS requirements.

  

D.       Civil Crossroads Consulting Engineers, LLC General Permit  -- Troutman read the letter from Civil Crossroads Consulting Engineers, LLC informing the Township that a General Permit from the DEP has been applied for to replace an existing 36” corrugated metal roadway culvert pipe on Snowbird Lane in Cranberry Creek Estates.   The letter states that written notification be provided to the municipality where the project is located prior to start of construction. 

 

Planning Commission Items

A.       Paradise Brook Trout Company Minor Subdivision – Mr. Terry Martin, Martin and Robbins Surveyors, was present for the applicant.  Mr. Martin explained that the purpose of this minor subdivision is to subdivide the land of Paradise Brook Trout Hatchery to create four (4) separate individual lots.  Three of the lots have existing houses and the fourth lot will be joined to a property with an existing house.  Mr. Martin stated that a wavier is being requested for a modification of Section 131-37.(8) related to showing contour lines at 2’ intervals which are currently shown at 10’ intervals.

 

Motion:  Briglia moved and seconded by Troutman to approve the waiver modification of Section 131-37.(8) related to showing contour lines at 2’ intervals which are currently shown at 10’ intervals.

Motion carried 3-0.

Motion:   Briglia moved and seconded by Flood to approve the Paradise Brook Trout Hatchery minor subdivision plan as presented.

Motion carried 3-0.

 

Road Project Bid Opening

Briglia stated that the road project bid was advertised in the Pocono Record on June 1 and 4.   Briglia stated that a mandatory pre-bid meeting was held on June 7.  Briglia opened and read the bids.

Locust Ridge Quarry                   $ 356,674.70

Hanson Aggregates           $ 369,205.20

Slusser Brothers                $ 401,910.60

 

Briglia stated that the three bidders did attend the pre-bid meeting.  Solicitor Prevoznik recommended that the bids be tabled until June 29, 2010 allowing time for the bid packets to be reviewed.

Motion:  Briglia moved and seconded by Troutman to table awarding the road project bid until the next Board of Supervisors meeting scheduled for June 29, 2010 at 5:00 p.m. to allow time for the bid packets to be reviewed for completeness and accuracy.  Briglia stated that she would notify the bidders.

Motion carried 3-0.

 

Planning Commission Items (Continued)

B.        Special Meeting with Tom Shepstone  (Shepstone Management Company), and Charlie Unangst  (Hanover Engineering) – Brady reported that the Paradise Township Planning Commission has scheduled a special meeting to review the proposed sign ordinance and have requested approval that Mr. Shepstone, consultant working on the proposed sign ordinance,  and Mr. Unangst attend.

Motion:  Briglia moved and seconded by Troutman to approve the attendance of Mr. Shepstone and Mr. Unangst at the special meeting.

Motion carried 3-0.

 

Solicitors Report

A.           Parking Lot G and Escrow Agreement and Bond – Solicitor Prevoznik reported that the Stormwater and Land Development Agreement for Parking Lot G have been executed.  Solicitor Prevoznik explained that Mt. Airy #1, LLC has provided an escrow account in lieu of a bond.  Solicitor Prevoznik stated that Reda Briglia’s bond should be increased to cover the escrow account as she is the escrow agent. Solicitor Prevoznik explained that increasing the bond would change the bond from a cumulative bond to a non-cumulative bond.   Solicitor Prevoznik explained that this means if a claim occurs, your bond pays only the limit on the bond no matter how many years the bond renews.  The bond that you currently have applies separately for each year it renews which ultimately gives you more coverage.

 

Motion:  Troutman moved and seconded by Flood to increase the bond to cover the escrow account.

Motion carried 3-0.

 

Motion:  Troutman moved and seconded by Flood to invoice the increase premium to Mt. Airy #1, LLC per the Development Agreement.

Motion carried 3-0.

 

B.        Woodland Road Development Agreement – Solicitor Prevoznik stated that the Woodland Road Development Agreement is currently being worked on.

 

C.       RGC Development LP (Greensprings) – Solicitor Prevoznik stated that Attorney Matergia has requested a continuance of the public hearing for the conditional use application for a sewage treatment plan to August 31, 2010.  The Board discussed available dates to continue the hearing.  The Board agreed to start their regular Board of Supervisors meeting on August 3 at 5:00 p.m. and to schedule the continuance of the public hearing to August 3 at 6:30 p.m.  

Motion:  Troutman moved and seconded by Flood to accept the waiver and extension request to amend the Township’s Act 537 Sewage Facilities Plan until August 31, 2010.

Motion carried 3-0.

Motion:  Troutman moved and seconded by Briglia to accept the waiver and extension request for the conditional use application filed by RGC Development LP until August 31, 2010.

Motion carried 3-0.

 

D.       August 3 meeting – The Board previously discussed changing the time of the regular August 3 meeting. 

Motion:  Troutman moved and seconded by Flood to continue the RGC Development Conditional Use Public Hearing to August 3, 2010 at 6:30 p.m. and to reschedule the Board’s regular meeting to start at 5:00 p.m.

Motion carried 3-0.

 

Public Hearing Chapter 1

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing for amendments to Chapter 1.

Motion carried 3-0.

Solicitor Prevoznik stated that the public hearing is to consider a proposed ordinance to amend definitions in Chapter 1 of the Paradise Township Code of Ordinance. Solicitor Prevoznik called Debra Brady as the Township’s witness.  Brady reviewed the steps she has taken to adopt the proposed ordinance, which include adding definitions in Chapter 1 regarding Certificate of Habitability, Uniform Construction Code, Uniform Construction Code Certificate of Habitability, and Zoning Certificate of Habitability, and to eliminate the current definition for Permit, Occupancy Permit.  See Panko Transcript on File.

Motion:  Briglia moved and seconded by Troutman to close the public hearing and reconvene the regular meeting.

Motion carried 3-0.

Motion:  Briglia moved and seconded Troutman to adopt the proposed ordinance (next consecutive number) to amend definitions in Chapter 1.

Motion carried 3-0.

 

Public Hearing Chapter 160

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing for amendments to Chapter 160.

Motion carried 3-0.

Solicitor Prevoznik stated that the public hearing is to consider a proposed ordinance to establish standards for a Certificate of Habitability and related changes.   Solicitor Prevoznik called Debra Brady as the Township’s witness.  Brady reviewed the steps she has taken to adopt the proposed ordinance, which includes standards for issuance of a Certificate of Habitability by the Zoning Officer only after both a Zoning Certificate of Occupancy is issued by the Zoning Officer and a Certificate of Occupancy is issued by the Uniform Construction Code Official.  Brady stated the proposed ordinance also includes an expiration date for conditional use decisions if no permit is issued within five (5) years.    Mr. Weston LaBar was present and asked clarification on the expiration of conditional use decisions.   See Panko Transcript on File.

Motion:  Briglia moved and seconded by Flood to close the public hearing and reconvene the regular meeting.

Motion carried 3-0.

Motion:  Briglia moved and seconded Troutman to adopt the proposed ordinance (next consecutive number) to amend Chapter 160.

Motion carried 3-0.

                                                                                                         

Unfinished Business

A.     Farmer’s Market Draft Ordinance – Brady had submitted a draft Farmers Market ordinance for the Board’s review.  After discussion, Brady was instructed to change 4 stalls to 10 stalls and other minor changes.

 

Motion:  Briglia moved and seconded by Troutman to schedule a pubic hearing for the Farmers Market proposed ordinance for July 20th at 6:00 p.m.

Motion carried 3-0.

 

B.      Open Space Properties – The Board discussed using the yellow Park/Preserve Boundary posters on hand, purchasing “No Motorized Vehicles” posters and ordering custom posters for the boundary including no motorized vehicles.   After discussion the Board agreed to use the posters on hand and only  order the “No Motorized Vehicles” posters.  Briglia also submitted the park rules and regulations from Stroud Township for the Board to review for the Township’s parks. 

 

C.     Hulbert Hill Bridge Report/Grant – Mr. Unangst stated that monies were included in the H2O grant for Hulbert Hill Road and that Hanover Engineering has completed an inspection and does not believe we must move forward immediately with repairs but can wait until the grant is received or denied.  Mr. Unangst stated a letter would be forthcoming stating this for the Township’s records.

 

D.     Replacement Vehicle Discussion – Briglia submitted information on hybrid vehicles for the Board to review.  Mr. Konrath also submitted a letter requesting the Board reconsider the purchase of a hybrid.  Briglia reviewed some of the information which included the fact that the current 1998 Blazer has 38,000 miles on it, that a hybrid recharges through the gasoline engine and braking, and that over 40 mph the hybrid uses gasoline.  After discussion, the Board agreed to purchase a Ford Escape through the Co-Stars program.  Briglia will follow up on this.

 

Correspondence/Miscellaneous

A.     Certificate of Special Recognition in Land Conservation – Troutman read the letter from the Monroe County Planning Commission recognizing the twenty municipalities for their efforts in purchasing and conserving open space properties which earned the County the 2010 Government Leadership in Land Conservations Award. 

 

B.      Advanced Green Solutions Recycling – Troutman read the letter from Advanced Green Solutions offering their services since Burnley Workshops will no longer be offering their recycling services.  Briglia reported that Elaine Diaz called Development Educational Services, which provides the recycling through the Burnley Workshops, and confirmed that Burnley will continue to offer recycling services.

 

C.     DCED Monroe County Local Share Account Funding – Briglia stated that the Department of Community and Economic Development would be holding a meeting regarding funding on the Monroe County Local Share Account on Monday, June 28 at 9:30 a.m.  Briglia stated she would be attending.

 

Other Business/Public Comment

 

A.     Sean Garber Solar Roof – Mr. Garber was present and asked if the Township is moving forward on re-roofing the maintenance/garage building.  Troutman confirmed that the Township is going to move forward.  Mr. Garber recommended that the Township research the integrated metal roof solar system.  Briglia asked Mr. Garber to share the information he has regarding this after the meeting.

B.      Jeff Evans Kettle Creek Environmental Fund – Troutman read the letter submitted through Jeff Evans from the Kettle Creek Environmental Fund for the Township’s annual contribution.

 

There was no further business or comments.

 

Adjournment

Motion:  Briglia moved and seconded by Troutman to adjourn meeting at 8:02 p.m.

Motion carried 3-0.

 

Respectively submitted,

Reda Briglia

Secretary