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09/07/2010 Meeting Minutes

                                     PARADISE TOWNSHIP BOARD OF SUPERVISORS

REGULAR MEETING MINUTES

TUESDAY, SEPTEMBER 7, 2010

 

 

Call to Order

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

Robert Safin – Roadmaster

 

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.”

 

Approval of Minutes

Motion: Troutman moved and seconded by Briglia to approve the August 17, 2010 regular meeting minutes as presented.

Troutman-aye, Briglia-aye, Flood-abstain (not present at 8/17 meeting)

 

Unfinished/Old Business

Hulbert Hill Bridge Permit/Hanover Engineering – Mr. Unangst reported that Hanover Engineering has contacted the Department of Environmental Protection (DEP) regarding an emergency permit for the work to be completed on Hulbert Hill Bridge per the report.  Mr. Unangst reported that DEP would not issue an emergency repair permit.  Mr. Unangst reported that Hanover Engineering has obtained all the necessary information to apply for the permit. 

 

Mr. Unangst stated that after the permit is applied for that Hanover Engineering would prepare a bid package. Solicitor Prevoznik questioned if the bridge is safe to remain open until the repairs can be made.  Mr. Unangst stated that the bridge is safe for traffic.

Motion: Briglia moved and seconded by Troutman for Hanover Engineering to apply for the necessary permit and to prepare the bid package.

Motion carried 3-0.

 

Readdressing Update – Briglia summarized the correspondence from Gary Hoffman, Monroe County Control Center, Director of Communications.  Hoffman has notified the Township that several address notification letters have been returned to the County and that the County will update the addresses from the county parcel maps and mail again.   After the second mailing, any letters returned to the County will be forwarded to the Township for further distribution.  Briglia reminded the Board that the Monroe County Control Center is working from a 5-year old database.  Briglia stated that Gary Hoffman has scheduled a workshop for September 10 at 10:00 a.m.  Briglia stated that she would attend the workshop.

 

  Cingular Preliminary/Final Land Development Plan – Attorney Christopher Schubert was present for New Cingular Wireless PCS, LLC.  Attorney Schubert stated that after speaking with Solicitor Prevoznik that it was agreed that several items including the auxiliary agreements for stormwater, development, and financial guarantees would need to be completed prior to approval by the Board of Supervisors.  Attorney Schubert requested that the Board consider the waiver requests as presented and recommended for approval by the Paradise Township Planning Commission.  Attorney Schubert reviewed the waiver requests as follows:

Section 131-5.C (6), (7), and (8) regarding separate submission requirements for Preliminary and Final Plan Review.  Brady stated that the Board has granted waivers of this requirement on previous plan submissions.

Motion: Briglia moved and seconded by Troutman to grant the waivers for 131-5.C (6), (7), and (8).

Motion carried 3-0.

          Section 131-25, 131-26, 131-27, and 131-28 regarding requirements for street layout, block layout, lots and parcels, and sanitary sewer and water distribution respectively.  Attorney Schubert stated that these requirements are not applicable to this LDP.

Motion: Briglia moved and seconded by Flood to grant the waivers for Section 131-25, 131-26, 131-27, and 131-28.

Motion carried 3-0.

Section 131-39.C.5 regarding requirements for a traffic study.  Attorney Schubert explained that there would only be two or three trips every four to six weeks, much less than a single-family dwelling.

Motion: Briglia moved and seconded by Troutman to grant the waiver for Section 131-39.C.5.

Motion carried 3-0.

Section 123-14.A regarding minimum 12” of infiltration berm higher than the 100-year peak flow.  Attorney Schubert recommended minimum height of 6” higher than 100-year peak flow, adequate to contain the 100-year flow for infiltration and to reduce the overall footprint of the berm.  Attorney Schubert stated that in accordance with the conditional use approval granted by the Board of Supervisors disturbance for the access drive and compound areas is to be minimized to the greatest extent possible and no stormwater basins are to be utilized.  Mr. Unangst concurred. 

Motion:  Troutman moved and seconded by Flood to grant the waiver for Section 123-14.A provided that the Stormwater Agreement includes a clause to maintain and retrofit the berms  if they do not operate as designed.

Motion carried 3-0.

Section 131-29 and 131-30 regarding stormwater drainage. 

Motion: Troutman moved and seconded by Briglia to grant the waivers for Section 131-29 and 131-30 since they will not be using detention/retention basins.

Motion carried 3-0.

 

Section 131-38 regarding existing resources and site analysis plan (ERSA).  Attorney Schubert stated that much of the information requested by this section is not relevant to this particular project or is on the Site Plans.  Troutman stated that she was not comfortable with granting this waiver.  Attorney Schubert reviewed each section of 131-38.  Mr. Unangst stated that the information as submitted has been sufficient for review.  Brady explained that a single-family dwelling would not require an ERSA plan but however if a subdivision or development plan were to be submitted for the remaining lands it would be required.  Briglia asked if the ERSA plan would be of any benefit now.  The Board agreed it would not.

Motion:  Troutman moved and seconded by Flood to grant the waiver for Section 131-38.

Motion carried 3-0.

 

Section 131-39.B (6) regarding entire tract boundary lines.  Attorney Schubert stated that a separate plan showing the boundary with courses and distances based upon a deed plot has been submitted.  Attorney Schubert stated that a partial survey of the license area has been done. 

Motion:  Flood moved and seconded by Troutman to grant the waiver for Section 131-39.B (6) contingent on having the corner and back boundary line verified through the survey process and proper proof is provided to the engineer and approved or the whole property would need to be surveyed. 

Motion carried 3-0.      

 

          Section 131-39.B (15) regarding approved sewer planning module.  Attorney Schubert explained that a sewer planning module was not applicable.

Motion:  Briglia moved and seconded by Flood to grant the waiver for Section 131-39.B (15).

Motion carried 3-0.

 

Attorney Schubert stated that all of the waivers have been addressed.  Attorney Schubert stated that landscaping was discussed during the conditional use hearings. After further discussion, the Board agreed to establish an escrow for landscaping, if it is found to be necessary, around the compound and to include landscaping in the land development agreement.  Attorney Schubert stated that during the hearings there was also discussion regarding the painting scheme of the tower.  Attorney Schubert will try to contact Mr. Peter Salmon for his suggestions.  Attorney Schubert also stated that he has signed a waiver and extension request form until November 30, 2010.

Motion:  Flood moved and seconded by Troutman to grant the waiver and extension for New Cingular Wireless PSC, LLC for the Land Development and Stormwater Plans pending before the Board until November 30, 2010.

Motion carried 3-0.

 

Solicitor Prevoznik asked if a fire suppression system is required by the Uniform Construction Code.  After discussion, the Board agreed if it is not required by the UCC the requirement will become part of the land development approval.  Attorney Schubert stated that the inter- modulation study would be completed and forwarded to the Township.  Attorney Schubert stated that he is also working with Mrs. Berman through her attorney regarding the stormwater maintenance agreement for the road.   Attorney Schubert asked to be placed on the October 15 Board of Supervisors agenda.

 

Chapter 63/E911 Street and Building Numbers Public Hearing 6:30 PM

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing at 6:50 p.m.

Motion carried 3-0.

 

Solicitor Prevoznik stated that the public hearing is for a proposed ordinance creating Chapter 63 to establish a coordinated and uniform system for 911 street and building number sign regulations.  Solicitor Prevoznik called the Zoning Officer, Debra Brady, as witness.  Brady reviewed the steps taken to date regarding the proposed ordinance.  Brady submitted seven exhibits.  Chapter 63-4.A. was changed to delete part of the following sentence as follows:  The Board of Supervisors shall have the sole authority to assign names to all public and private streets, driveways and access streets in the Township and to change names if deemed necessary to achieve the purposes of this Chapter.  Mrs. Staubly, Mrs. Parsons, and Mr. Deiter signed in to ask questions.  Solicitor Prevoznik moved the exhibits into evidence.

Motion:  Briglia moved and seconded by Troutman to close the public hearing and reconvene the regular meeting at 7:12 p.m. (See Panko Transcript on File)

Motion carried 3-0.

 

Motion:  Troutman moved and seconded by Flood to adopt proposed Ordinance 182 with the change as noted.

Motion carried 3-0.

 

Unfinished/Old Business (Continued)

          Street Names – Briglia explained to the Board that the street name signs have not been ordered yet.  Briglia stated that some of the street name signs may require cross street signs as well and that she would work with Robert Safin to determine how many double brackets will need to be ordered. There was discussion on what whether state, township or private streets would need cross street signs. Mr. Unangst will research this and let Briglia know.

                  

New Business

Monroe Citizens Against Regulatory Excess (CARE) – Troutman summarized the letter from the Pocono Mountains Economic Development Corporation explaining the creation and purpose of CARE which is to prompt change and encourage balanced solutions to our county and state regulatory permitting process.  Solicitor Prevoznik stated CARE is a political action group and advised the Supervisors not to join as representatives of the Township but could join individually if so desired.

 

Managing Municipal Stormwater – Troutman reported that a workshop would be held on September 29 from 9:00 a.m. to 1:00 p.m. at the Luzerne County Community College titled Managing Municipal Stormwater.  The Monroe County Planning Commission informed the Township that there might be upcoming changes with Monroe County municipalities being designated MS4.  Brady explained that MS4 designation is for municipalities with Sewer Systems and would not affect Paradise Township.

 

Schedule Work Sessions for Recycling/Trash and Budget – Briglia stated that a representative from J.P. Mascaro would attend the September 20 work session at 5:00 p.m. and that Jim Lambert from Monroe County Municipal Waste Authority would attend the October 5 work session at 5:00 p.m.  Briglia also reported that she had met with Dave Albright, Township Manager of Chestnuthill, to discuss their recycling program.  Briglia reported that Mr. Albright recommended a technical assistance grant program through the Department of Community and Economic Development (DCED) for a study on the municipal trash and recycling. 

Motion:  Troutman moved and seconded by Flood to apply for the DCED technical assistance program.

Motion carried 3-0.

 

The Board agreed to hold a budget work session on October 19 at 5:00 p.m.  The Board discussed rescheduling the November 2 meeting due to Election Day. 

Motion:  Troutman moved and seconded by Briglia to reschedule the November 2 Board of Supervisors meeting to Wednesday, November 3 at 6:00 p.m. and a budget work session at 5:00 p.m.

Motion carried 3-0.

 

Reports

Roadmaster (on file) – Safin read his report.  Safin presented two quotes for a 20’ trailer.  The Board agreed that a third quote was needed before approving the purchase.  The ice- skating rink at Skywood Park was discussed.  The Board agreed to purchase the asphalt for the rink and PARC to reimburse the Township.  The Board also agreed that Safin would need three quotes before purchasing the asphalt.  The Board also discussed the labor to prep the site and haul materials. Safin reported that a paver would need to be rented which would be approximately $100.00 per hour including an operator for eight hours or less.  Troutman stated that Mt. Pocono Borough and Barrett Township agreed for their roadcrews to help with the installation of the ice-skating rink. 

 

Motion:  Troutman moved and seconded by Briglia to purchase the asphalt for the ice-skating rink contingent on PARC reimbursing the Township and to approve equipment and labor for prepping the site and hauling the material with participation from both Mt. Pocono Borough and Barrett Township. 

Motion carried 3-0.

 

Solicitor Prevoznik stated that PARC would need letters from the three municipalities agreeing to help with the installation of the ice skating rink and a letter to Paradise Township agreeing to reimburse the Township for the asphalt and paver rental.

 

Sewage Enforcement Officer (on file) – Troutman read the report.

 

Zoning Officer (on file) – Brady reported that the Timber Harvest on State Game Land #221 would begin shortly.  Brady stated that changes are needed to Chapter 142 regarding bridge weight limits and requested that a public hearing be scheduled.

 

Motion:  Briglia moved and seconded by Troutman to schedule a public hearing for proposed changes to Chapter 142 on October 19 at 6:30 p.m.

Motion carried 3-0.

 

PARC – Troutman stated PARC was discussed during the roadmaster’s report.

 

EAC – Flood stated that recycling was discussed.

 

PMREMS – Briglia reported that everything is going fine.

 

Act 32 – Troutman stated that the next meeting of the Tax Collection Committee would be held on Thursday, September 9 at 4:00 p.m. to vote on the appointment of tax collector. Flood stated he would be attending.    

 

Upper Brodhead/Paradise Creek Greenway Plan – Briglia stated that the UBPCG committee would be holding their final meeting and presenting the greenway plan on September 23 at the Barrett/Paradise Friendly Library at 7:00 p.m.  The committee is encouraging all the elected officials to attend since the next step will be for each municipality to adopt the plan. 

  

Solicitor – Solicitor Prevoznik stated that he had executive session items.  

 

Correspondence/Miscellaneous

          PennDOT – Briglia summarized the letter from PennDOT stating that Route 390, from Route 940 to Route 191, would be reduced to 40 mph.

 

          Chamber of Commerce – Briglia reported that the Chamber of Commerce would be holding a meeting regarding healthcare reform on September 29 from 8:00 a.m. to 10:00 a.m. at the Pocono Medical Center. Briglia stated the cost is $20.00 for non-members and requested to attend.

Motion: Troutman moved and seconded by Flood for Briglia to attend and the Township to pay the cost.

Motion carried 3-0.

 

Other Business/Public Comment

       There was no further public comment or business.

 

Executive Session

Motion:  Briglia moved and seconded by Flood to recess the regular meeting and go into an executive session at 8:17 p.m.

Motion carried 3-0.

 

Motion:  Briglia moved and seconded by Troutman to reconvene the regular meeting at 8:45 p.m.  Troutman stated litigation, real estate, and personnel issues were discussed.

Motion carried 3-0.

         

Adjournment

Motion:  Briglia moved and seconded by Troutman to adjourn the meeting at 8:46 p.m.

Motion carried 3-0.

 

Respectfully submitted,

Reda Briglia

Secretary