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12/07/2010 Meeting Minutes

 

 

 

 

 

 

PARADISE TOWNSHIP BOARD OF SUPERVISORS

REGULAR MEETING MINUTES

TUESDAY, DECEMBER 7, 2010

 

Call to Order

Troutman called the meeting to order at 6:03 p.m.

 

Roll Call

Officials Present:

Louise Troutman – Chair

Reda Briglia – Secretary-Treasurer                  

John C. Prevoznik – Solicitor

Charles Unangst – Hanover Engineering

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 November 16, 2010 regular meeting minutes as presented.

Motion carried 2-0.

 

Unfinished/Old Business

BWA Check from Sanofi – Troutman read the letter from BWA stating that although some interest may have accumulated on the $15,600.00 donated by Sanofi for the Paradise Township Stream Bank Project, that the Association had to pay additional tax filing fees based on this large contribution and forwarded only the original donation amount of $15,600.00 to the Township. 

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After a brief discussion, Troutman and Briglia agreed to contact BWA for a further explanation of the “tax filing fees” and the amount.

 

Woodland Road Report from Hanover Engineering – Troutman read Hanover Engineering’s report regarding the inspection of Woodland Road.  Hanover Engineering has made five recommendations.  Safin stated that he has addressed Item 1, sealing the cracks as soon as possible; Item 2, relocating the stop sign at the intersection of Woodland Road and Carlton Road; Item 4, placing pavement or sealer around the manhole structure.  The Board agreed to notify Mt. Airy Casino Resort of Item 3, replacement for the orange colored markers in the casino driveways; and Item 5, installation of additional or brighter lights at the intersection of Woodland Road and Route 611 (northbound) and at the intersection of the main casino entrance and Woodland Road.  Briglia stated she would send a letter with Hanover’s report to Mt. Airy Casino Resort.

 

CPA Quotes – Briglia stated that three proposals have been received and distributed to the Board and Solicitor for review.  Briglia stated that the advertisement stated that the deadline to submit proposals was Monday, December 6 with an appointment of a CPA on December 21.

 

 2011 Proposed Budget – Briglia stated that the proposed budget has been advertised for adoption on December 21.  Solicitor Prevoznik stated that he has researched the appropriations to The Friendly Community Center and the Pocono Heritage Land Trust and that neither is permitted under the second-class township code.  The Board agreed to move the $50,000.00 from Line Item 458.31-Community Centers to Line Items 459.31-Etc. Historic for $30,000.00 (for the old cemetery) and 454.28-Park-Other (for additional work at the “Roof”) if needed.  The total for Line Items 450-459 will remain the same and therefore the budget will not need re-advertised before adoption. 

 

Pocono Heritage Land Trust – Safin stated that many residents ask why the gates at the Kurmes Preserve are always closed and locked even thought the Township had put in a small parking lot.  Briglia stated that she has also been asked about hunting on the property.  Briglia stated she would send a letter to Pocono Heritage Land Trust regarding these questions.

 

Reschedule Dates for Public Hearings on Bridge Weight Limits and Public Sewage – Brady stated that there is a total of six hearings.  Briglia stated that the earliest the public hearings could be scheduled would be January 18 due to the advertising requirements. 

Motion:  Briglia moved and seconded by Troutman to schedule the public hearings as follows:

Chapter 1 – Definitions for Proposed Chapter 142 (Vehicles and Traffic)              6:30 p.m.

Chapter 142 – Chapter 142 (Vehicles and Traffic)                                             6:45 p.m.

Chapter 1 – Definitions for Proposed Chapter 110                                            7:00 p.m.

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Chapter 131 – Subdivision and Land Development                                            7:15 p.m.

Chapter 160 – Zoning                                                                                    7:30 p.m.

Chapter 110 – Chapter 110 (Sewage Facilities for Community Sewage Systems)   7:45 p.m.

Motion carried 2-0.

 

Traffic Planning and Design (TPD)/Mt. Airy Traffic Event Report – Briglia stated that TPD has submitted the combined traffic event reports from TPD and Hanover Engineering.  Briglia requested that the Board review the report for comments at the next Board meeting.

 

Mt. Airy Greenway Monitoring Report – Briglia stated that Mt. Airy Casino Resort has submitted their contract with F.X. Browne for the Greenway Land and Common Facilities Monitoring Program. Briglia requested that the Board review the contract for comments at the next Board meeting.  Troutman stated that she has spoken with Jason Smith at Hanover Engineering and that he is waiting for information to complete his review.

 

New Business

        Paradise Township Historic Society – Briglia stated that the Paradise Township Historic Society has requested to use the Township building for their meetings occasionally. 

Motion:  Briglia moved and seconded by Troutman to grant permission to the Paradise Township Historic Society to use the Township building for their meetings.

Motion carried 2-0.

 

          PAEJPC – Membership – Briglia stated that Safin requested that she look into the Township joining the Pa. Education Joint Purchasing Council (PAEJPC).  Briglia stated that an application must be completed to receive the membership packet and asked if the Solicitor Prevoznik review the membership packet when it arrives.  Troutman and Briglia agreed that Solicitor Prevoznik should review the membership packet.

 

          Reorganization Meeting Time – Briglia stated that the Reorganization Meeting must be held on January 3 and that the Board will need to set a time in order to place the required advertisement.  Briglia stated that the Reorganization Meeting is normally followed by the first regular meeting of the month. 

Motion:  Briglia moved and seconded by Troutman to advertise the Reorganziation Meeting at 5:00 p.m. followed by the Regular Meeting at 6:00 p.m.

Motion carried 2-0.

         

          Zoning Hearing Board Appointment – Briglia stated that Benito Cid, alternate, was never appointed to the Zoning Hearing Board to replace Eric Andersen.  Briglia stated that it was not done because the Township was waiting for a resignation letter from Eric Andersen.  The Board agreed to wait until the Reorganization Meeting to make the appointment.

 

 

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          George Brosius – Brosius reported that his neighbor’s driveway is causing flooding on his property and that the Township has refused to help him with this situation.  After much discussion, the Board told Mr. Brosius that the driveway connects to a PennDOT road, that the Township cannot do anything, and that he should continue working with PennDOT.

 

Verizon Conditional Use (Continued) 7:00 p.m.

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the Conditional Use Continued Hearing for Verizon at 7:02 p.m.

Motion carried 2-0.

 

Solicitor Prevoznik reviewed the proceedings to date in regards to the Conditional Use Application filed by Verizon Wireless, on behalf of New Cingular Wireless, PCS, LLC, d/b/a/ AT & T Mobility to collate an antenna on the existing Verizon communication tower located on Route 191 and 390.  Attorney Durso was present for the applicant.  Attorney Durso submitted the removal cost estimate prepared by Dewberry-Goodkind, Inc.  Mr. Unangst, Hanover Engineering, submitted his review and approval of the removal cost estimate.  Mr. Unangst also submitted his review letter stating that the revised documents have addressed Hanover Engineering’s comments on their review letter dated November 4, 2010.  (See Panko Transcript on File)

 

Motion:  Briglia moved and seconded by Troutman to close the Conditional Use Hearing for Verizon at 7:11 p.m.

Motion carried 2-0.

 

Motion:  Briglia moved and seconded by Troutman to go into Executive Session for Solicitor Prevoznik to review the law with the Board regarding conditional uses at 7:12 p.m.

Motion carried 2-0.

 

Motion:  Briglia moved and seconded by Troutman to reconvene the regular meeting at 7:17 p.m.

Motion carried 2-0.

 

Motion:  Briglia moved and seconded by Troutman to approve the Conditional Use Application with conditions.  Troutman read the conditions.  (See Exhibit 1)

Motion carried 2-0.

 

New Business (Continued)

Troutman acknowledged that Eric Hockman was present and asked if he wanted to be heard at this time instead of waiting to Other Business/Public Comment later on the agenda.  Mr. Hockman stated he was here to inquire about the purpose of the special meeting scheduled on December 18 at 9:00 a.m. and why it was scheduled for a Saturday morning instead of an

 

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evening meeting.  Troutman explained that Josele Cleary, Special Council to the Board of

Supervisors; Judge Cahn, mediator; and Attorney Shiffer, Mt. Airy Council are available on Saturday, December 18.  Solicitor Prevoznik explained that Mt. Airy #1, LLC has filed a curative amendment to the Township’s sign ordinance and that the Special Meeting is to hold a mediation as authorized by the Municipalities Planning Code between Mt. Airy #1, LLC and the Board of Supervisors.

 

Reports

Roadmaster (on file) – Safin read his report.

Safin voiced his concern regarding Chad Nauman being out during the winter months.  After discussion, Safin was instructed to work with Briglia on a list of pros and cons for hiring either part-time seasonal employees or sub-contracting for winter snow and ice maintenance, if extra help becomes necessary.

 

Safin also stated that he has spoken with Mrs. Natalie Brooks regarding the flooding on her property on Hickory Street.  After discussion, the Board agreed to write Mrs. Brooks a letter stating that the Township can take no action regarding her flooding problems.

 

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

 

Zoning Officer (on file) – Brady presented her report for October and November.  Brady reported that the Borton-Lawson Riparian Buffer study was nearing completion.  Briglia will schedule a work session at the beginning of next year with Borton-Lawson.  Solicitor Prevoznik explained the purpose of the riparian buffer study and although the Department of Environmental Protection has now enacted a 150’ riparian buffer, various items will fall under the Township’s riparian buffer. Brady asked permission to work on a proposed ordinance for the riparian buffers with Solicitor Prevoznik.  The Board approved.

 

PARC  Troutman requested permission for PARC to use the sandwich boards for advertising activities at Skywood Park this winter.  Briglia stated that the sign would need to be chained and that PARC would need to agree to replace the sandwich board, if it was vandalized.

Motion: Briglia moved and seconded by Troutman to allow PARC to use one of the Township’s advertising sandwich boards for Skywood Park contingent on PARC agreeing to replace it if vandalized and for the sign to be chained at all times.

Motion carried 2-0.

Solicitor Prevoznik stated that a meeting would be scheduled with the three municipality solicitors to discuss the Intergovernmental Agreement regarding the necessary changes and requested a supervisor to be present.   

 

EAC  No Report

 

 

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PMREMS –  Briglia stated that Breakfast with Santa will be this Saturday morning 9:00 a.m. to 10:00 a.m. at the Coolbaugh station.

 

Act 32 –  No report

 

Upper Brodhead/Paradise Creek Greenway Plan – Briglia stated that the Township has the final plan for the Board’s review and consideration for adoption.

 

Solicitor – Solicitor Prevoznik stated that he had executive session items.  Solicitor Prevoznik also reported that there is a meeting on Friday with the Mt. Pocono Sewer Authority, which Troutman will be attending.  There was discussion on the cost for these meetings in regards to the Township Solicitor and Engineer.  The Board agreed that Mt. Pocono Municipal Authority would need to pay the expenses for these meetings.

 

Correspondence/Miscellaneous

PennDOT/Highway Occupancy Permit – Briglia stated that PennDot has sent a copy of an internal PennDot letter, regarding the Greenspring Senior Housing Project, stating that the Storm Water Facility Maintenance Responsibility relating to Highway Occupancy Permits (HOP’s) must be issued to the local government or to the local government with the driveway/road applicant as co-permittees.

 

Monroe County Commissioners – Troutman read the letter from BJ Bachman that states that tax books from 1836 through 1986 are available to the Township.  The Board agreed to pick up the tax books.

 

Proposed Ordinance and Resolution from the Council of Pittsburgh – Solicitor Prevoznik stated that the proposed ordinance and resolution are to ban hydro-fracturing for natural gas drilling and recommended that no action be taken.  The Board agreed.

 

Other Business/Public Comment

There was no further business.

 

Executive Session

Motion:  Troutman moved and seconded by Briglia to recess the regular meeting and go into an executive session at 8:45 p.m.

Motion carried 2-0.

 

Motion:  Briglia moved and seconded by Troutman to reconvene the regular meeting at 9:15 p.m.  Troutman stated litigation, real estate, and personnel issues were discussed.

Motion carried 2-0.

 

 

Paradise Township Board of Supervisors, December 7, 2010             _____                Page 7

 

Real Estate

Motion:  Briglia moved and seconded by Troutman to execute the Agreement of Sale between Echo Farm Hunt Club, LLC and Paradise and Price Townships for the purchase of 785 acres, at the total price of $3,925,000 or $5,000 per acre.  The execution and delivery of the Agreement of Sale is contingent upon Mr. Villoresi executing and granting to Paradise and Price Townships a full and final release of claims and interest in the property for sale.  Further, the execution and delivery of the Agreement of Sale is further contingent upon Price Township executing a copy of same and that the language issues regarding Article 27 be rectified to the satisfaction of the Solicitor for each municipality.

Motion carried 2-0.

 

PMREMS

Briglia stated that last year the Township donated to PMREMS for Breakfast with Santa and asked if we could give $250.00 this year.

Motion:  Troutman moved and seconded by Briglia to donate $250.00 to PMREMS for Breakfast with Santa.

Motion carried 2-0.

         

Adjournment

Motion:  Briglia moved and seconded by Troutman to adjourn the meeting at 9:20 p.m.

Motion carried 2-0.

 

Respectfully submitted,

 

 

 

Reda Briglia

Secretary