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10/05/2010 Meeting Minutes

 

 

 

 

 

 

 

PARADISE TOWNSHIP BOARD OF SUPERVISORS

REGULAR MEETING MINUTES

TUESDAY, OCTOBER 5, 2010

 

Call to Order

Troutman called the meeting to order at 6:06 p.m.

 

Roll Call

Officials Present:

Louise Troutman – Chair

Michael Flood – Vice Chair (6:22 p.m.)           

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 September 20, 2010 regular meeting minutes as presented.

Motion carried 2-0.

 

Unfinished/Old Business

Mt. Airy #1, LLC – Attorney Belardi and John Pocius was present for Mt. Airy #1, LLC.  Attorney Belardi presented a letter requesting the reduction of the security for Parking Lot G to $179,619.26 and releasing $1,800,000.00.  Attorney Belardi stated that the only outstanding work for Parking Lot G is the conversion of the basin, which will be

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completed within 30-days.  Mr. Unangst concurred that $179,619.26 is sufficient security for the conversion of the basin.  Briglia asked if the comments from the Monroe County Planning Commission have been satisfactorily addressed.  Solicitor Prevoznik questioned Item 18 on the MCPC review dated September 20, 2010 that states that the as-built plans are “not to scale”.  After discussion, it was agreed that the plans to be recorded would include a note stating that the as-built plans are not to scale but that the as-built plans submitted to the Township and Engineer would be to scale.  (Flood arrived during this discussion.)

Motion:  Briglia moved and seconded by Troutman to release the $1,800,000.00 security with $179,619.26 remaining.  The $179,619.26 will be held pending Hanover Engineering’s acceptance and approval of the conversion and as-built plans.  

Motion carried 2-0. 

Bisbing Road (Donald Detrick) – Mr. Detrick was present to inquire if the township has researched if Bisbing Road is a township road or not.  Mr. Detrick stated that Bisbing Road was there before Hunter’s Farm Road and that it is a township road.  Solicitor Prevoznik explained that Bisbing Road is not on liquid fuels nor is there any record of the Township accepting Bisbing Road as a Township Road.  Mr. Bisbing is requesting old maps that would show Bisbing Road as a Township Road.  Briglia stated that she has read historical minutes and there is no mention of Bisbing Road in the minutes and that she is going through the historical boxes looking for any maps or records. Solicitor Prevoznik referred to the Second-Class Township Code Section 67307 which states:

“every road which has been used for public travel and maintained and kept

by the Township for a period of at least twenty-one (21) years is a public road

having a right-of-way of thirty-three (33) feet even though there is no public

record of the laying out of the dedication of for public use of the road.”

Solicitor Prevoznik stated that the Board would need to make this determination.

 

RGC Development LP Conditional Use Application Public Hearing

Troutman stated that the Public Hearing for RGC Development LP is scheduled for 6:30 p.m. and it is now 6:37 p.m. 

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the RGC Development LP Conditional Use Hearing.

Motion carried 3-0.

Solicitor Prevoznik stated that this is a continued public hearing for the conditional use application filed by RGC Development LP for a PUC regulated public utility, to include a sewage treatment plant drip irrigation delivery and disposal areas at Grange Road and Route 611 in Paradise Township.  Solicitor Prevoznik stated that this hearing was continued from August 3 to a date and time certain of tonight, October 5, 2010 at 6:30 p.m.  Solicitor Prevoznik stated that Attorney Matergia attended the work session held at 5:00 this evening.  Solicitor Prevoznik stated that Attorney Matergia submitted a letter dated September 30, 2010 withdrawing RGC Development, LP applications for

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conditional use approval and amendment of the Paradise Township 537 Plan as they pertain to the Greensprings project.  Solicitor Prevoznik stated that this would conclude the public hearings.

Motion:  Briglia moved and seconded by Flood to accept the letter dated September 30, 2010 from Attorney Matergia requesting withdrawal of RGC Development, LP’s application for conditional use approval. 

Motion carried 3-0.

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

Motion carried 3-0.

Motion:  Briglia moved and seconded by Troutman to ratify the motion to accept the letter dated September 30, 2010 from Attorney Matergia requesting withdrawal of RGC Development, LP’s application for conditional use approval. 

Motion carried 3-0.

Motion:  Troutman moved and seconded by Flood to accept the letter dated September 30, 2010 from Attorney Matergia requesting withdrawal of RGC Development, LP’s amendment of the Paradise Township 537 Plan.

Discussion:  Solicitor Prevoznik instructed Briglia to send two separate letters to Attorney Matergia stating that the request to withdraw the conditional use application and the request to withdraw the amendment to the Paradise Township 537 Plan have been accepted and the matters deemed mute.

Motion carried 3-0.

         

New Business

          Community Center Update (Joyce Raczko) – Mrs. Raczko made a presentation on the plans to convert the old Barrett Friendly Library to a Friendly Community Center.  The Friendly Community Center will become the permanent home of the Barrett Senior Center, which serves Paradise, Barrett and surrounding communities.  Raczko stated that the Community Center would also provide a wide range of unique programs for active adults including exercise, art, learning, games, dance and music, as well as intergenerational and after-school activities.  The renovation and modernization are estimated at $550,000.00 and will include as much “green” technology and material as possible. The center would also be open to the communities for showers, parties, etc.  The Board of Directors is seeking an appropriation from the Township of $60,000.00 to help assist the Center with costs to install a geothermal system.  The Board agreed to consider their request during the 2011 budget process.

          General Municipal Pension System State Aid – Briglia stated that the Township has received the 2009 Commonwealth Allocation for the municipal pension plan of $32,348.42 offsetting the total cost of the pension plan of $44,990.27 to $12,641.85.

       Pa. Municipal Retirement System (PMRS) Act 44 Class – Troutman stated that Kathleen Kelly has submitted a request for Elaine and herself to attend a PMRS seminar on

 

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October 28 in King of Prussia and overnight accommodations for October 27 as well as standard expenses such as meals.

Motion:  Briglia moved and seconded by Troutman to approve the request for Kathleen Kelly and Elaine Diaz to attend the Act 44 class in King of Prussia, accommodations and standard expenses. 

Motion carried 3-0.

         Cingular Conditional Use Hearing (Schedule) – Brady reported that Attorney Shubert has requested to be on the November 3 agenda for final land development approval.  Brady also informed the Board that an conditional use application has been received from Cingular Wireless (AT&T) to co-locate on the Verizon Wireless tower behind Callie’s Pretzel Factory on Route 390.

Motion:  Briglia moved and seconded by Troutman to tentatively schedule a conditional use public hearing for the Cingular Wireless (AT&T) co-location application on November 16 at 7:00 p.m.

Motion carried 3-0.

       Halloween Party – Troutman stated that the Township Park and Recreation Committee would be meeting on Wednesday, October 6 at 5:30 p.m. to plan the annual Halloween Party.  Troutman asked for authorization to spend monies on prizes, hayride, etc.

Motion:  Briglia moved and seconded by Troutman to authorize up to $1,500.00 for the Halloween Party.

Motion carried 3-0.

          Pocono Forest and Waters Conservation Landscape grant through Pennsylvania Environmental Council (PEC) – Briglia reported that  the kiosks and signs have been installed at the Nothstein and Knauf Preserves and that she has submitted the grant payment request to PEC.  Briglia stated that the PEC is asking for the Township to hold a media event for the project and has contacted Donald Miller to hold the media event in conjunction with his hike at the Nothstein Preserve on November 21.  Briglia asked the Board to approve expenses, such as advertising, for the event.  The Board agreed.

          PARC and Paradise Township Park and Recreation – Louise Troutman reported that Wendy Swiderski has resigned from the Township Park and Recreation Committee and PARC.  After discussion, the Board agreed to place an ad in the next newsletter for volunteers and to write a letter to Wendy Swiderski thanking her for her many years of service.

Motion:  Briglia moved and seconded by Troutman to accept Wendy Swiderski’s resignation from the Township Park and Recreation Committee and PARC.

 

Reports

Roadmaster (on file) – Safin read his report. 

 

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

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Zoning Officer (on file) – Brady presented draft ordinances for Chapter 1 and Chapter 110 regarding sewage disposal systems for the Boards review and comments.  Brady stated she is working with Hanover Engineering and Solicitor Prevoznik on the drafts.  Brady requested that the Board schedule a public hearing for the draft ordinances.

Motion:  Briglia moved and seconded by Flood to schedule public hearings for the draft ordinances on December 7 at 7:00 p.m. for Chapter 1 and December 7 at 7:15 p.m for Chapter 110.

Motion carried 3-0.

Solicitor Prevoznik recommended that a motion be made to have the Township Engineer, a Township Supervisor, and himself meet with Mt. Pocono Borough and Mt. Pocono Sewer Authority.

Motion:  Briglia moved and seconded by Flood to approve the meeting as proposed.

Discussion:  Solicitor Prevoznik stated that it should be noted that the solicitors and engineers cost is to be billed to RGC Development, L.P. as discussed at the work session held at 5:00 p.m. this evening.

Motion carried 3-0.

 

Brady reported on the Community Wildfire Protection Plan seminar that Briglia and she attended.  Brady recommended the Township consider adopting the International Wildland – Urban Interface Code as part of the Uniform Construction Code.  Brady stated she would follow up on this with a written report.

 

PARC – Troutman stated PARC is not holding “Rib-Fest” this year, the ice-skating rink has been installed, that she is requesting that the roadcrew remove a dead tree, and the need to purchase hay bales for the sled-riding hill.  The Board agreed for the roadcrew to remove the tree.

 

EAC – Flood stated that recycling and possible open space acquisitions were discussed.

 

PMREMS – Briglia distributed the article, PM Regional EMS at the Forefront of Medical Technology, from the Journal of the Pocono Plateau.  Troutman stated that there is a rumor that PMREMS is considering dropping Paradise Township.  Briglia stated to her knowledge the rumor is not true but would inform the PMREMS Board and Director that this rumor is being circulated.  

 

Act 32 – Flood stated that Berkheimer has been appointed as the County’s Earned Income Tax Collector.    

 

Upper Brodhead/Paradise Creek Greenway Plan – Briglia inquired if Troutman or Flood was able to attend the presentation meeting on September 23, 2010 at the Barrett/Paradise Friendly Library.  Troutman nor Flood attended.  Briglia reminded the Board that she was at the seminar in Gettysburg. 

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

Pocono Gardens Lease – Solicitor Prevoznik presented a draft lease for the Board’s review.

New Cingular Wireless – Solicitor Prevoznik reported he has been working with Attorney Shubert on the Development Agreement for Cingular Wireless.

Red Rock Road Cemetery – Solicitor Prevoznik reported that the deed for the old cemetery on Red Rock Road is actually dated 1842, not 1942.  The deed names the trustees for the Paradise Lutheran Presbyterian Church and he will be meeting with the County’s archivist later this week.

EMS Building – Solicitor Prevoznik inquired if Hanover Engineering has completed the inspection of the EMS Building.  Mr. Unangst presented Robert Mack’s report and pictures of the repair of the carpet.

Motion:  Briglia moved and seconded by Troutman to inform Mt. Airy #1 LLC that the repair of the carpet is unacceptable.

Motion carried 3-0.

BWA Grant – Solicitor Prevoznik stated that the contract for the BWA Grant with Skelly-Loy has been agreed upon and asked for a motion to approve the contract upon Attorney McDonald’s review and approval.

Motion:  Briglia moved and seconded by Troutman to approve the contract for signing upon Attorney McDonald’s approval.

Motion carried 3-0.

Official Map – Solicitor Prevoznik stated he has reviewed the Official Map proposed ordinance and will be meeting with Mr. Carson Helfrich and Deb Brady to discuss further.

FNCB – Solicitor Prevoznik stated he has been working with Attorney Wolfe on the FNCB agreements.

 

Correspondence/Miscellaneous

          Airport Hazard Zoning Workshop/Tuesday – Troutman stated that PA DOT has sent a letter regarding an airport hazard zoning ordinance workshop to be held on October 12 at the Monroe County Public Safety Center.  Brady will be attending.

          Monroe County Hazard Mitigation Planning Committee – Troutman stated that the Monroe County Public Safety Center would be holding their first executive committee meeting regarding the County Hazard Mitigation Plan on October 12 at the Center.  Troutman will be attending.

          PA Cleanways Partnership – Troutman stated that PA Cleanways is asking for a representative from the municipality to work with them regarding illegal dumpsites.  Brady will contact PA Cleanways.

          Young Lungs at Play – Troutman reported that she received a letter from PennState Corporate Extension in Monroe County asking if the Township is interested in participating in the Young Lungs at Play program.  After discussion, the Board declined the invitation to participate.

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Other Business/Public Comment

       Mr. Detrick inquired if Liquid Fuel Funds can be transferred to a different road, specifically if Hunter Farm Road to be blocked and Bisbing Road used instead.  Troutman stated that the Township could not block Hunter Farm Road.  Solicitor Prevoznik referred to Section 2307 of the Second-Class Township Code referring to Certain Roads Declared Public Roads.   Mr. Bisbing asked to be on the next Board of Supervisors meeting agenda.

       There was no further public comment or business.

 

Executive Session

Motion:  Troutman moved and seconded by Briglia to recess the regular meeting and go into an executive session at 8:25 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