12/18/2010 Special Meeting Minutes
PARADISE TOWNSHIP BOARD OF SUPERVISORS
SPECIAL MEETING MINUTES
DECEMBER 18, 2010
Call to Order
Chair Troutman called the December 18, 2010 special meeting of the Board of Supervisors to order at 9:06 a.m. at the Paradise Township Municipal Building.
Pledge of Allegiance
Chair Troutman led the Pledge of Allegiance.
Public Comment Statement
Chair 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.”
Mt. Airy #1 LLC – Curative Amendment
Solicitor Prevoznik explained that Mt. Airy #1, LLC filed a curative amendment to revise the Township’s sign ordinance to include electronic (LED) message signs. Solicitor Prevoznik stated that the meeting this morning is to mediate with Mt. Airy #1, LLC the curative amendment as proposed by Mt. Airy #1, LLC. Solicitor Prevoznik stated that mediation is permitted under the Pa. Municipalities Planning Code (MPC) Section 908.1. Solicitor Prevoznik introduced Josele Cleary, Esquire, who represents the Board in this matter and Judge Cahn who will be presiding over the case. The curative amendment as filed by Mt. Airy #1, LLC and the proposed ordinance prepared by the Township were distributed.
Attorney Cleary explained the MPC regarding legitimate land uses and Pennsylvania Law. Attorney Shiffer, Mt. Airy #1 LLC Counsel, presented a poster of the current billboard that
Paradise Township Board of Supervisors – December 18, 2010 Page 2
would be replaced by a steel framed billboard that would include a 5’ X 8’ electronic message sign. The overall dimensions of the sign, 10’ X 27’ would remain the same.
Judge Cahn then took questions from the audience. At the conclusion of the presentations and questions, Judge Cahn made his recommendation. Judge Cahn stated that the problem is zoning and that the Township must allow for all uses within the Township. Judge Cahn stated that compromise would be the best solution. Judge Cahn recommended that the Board move forward with adoption of the proposed sign ordinance by the Township allowing on-premise LED signs and that the proposed ordinance be submitted to the Monroe County Planning Commission and the Paradise Township Planning Commission for their review and comments. Judge Cahn also recommended tasking the Paradise Township Planning Commission to work on a proposed ordinance regarding off-premise LED signs. Judge Cahn stated that he believes that any other course would be expensive to both the Township and Mt. Airy #1, LLC with worse results for the Township and that the law is in favor of the casino. Judge Cahn stated that no one can predict what the Pa. Supreme Court ruling may be, but his prediction would be that the Pa. Supreme Court would issue a decision in favor of the casino.
Motion: Briglia moved and seconded by Troutman to advertise for adoption the proposed sign ordinance for on-premise LED signs; to forward the proposed ordinance to the Paradise Township Planning Commission and the Monroe County Planning Commission for review and comments; to schedule the Public Hearing for the second Board of Supervisors meeting in February (February 15) at 7:00 p.m. and to approve the waiver and extension of time from Mt. Airy #1, LLC to March 31, 2011.
Motion carried 2-0.
Briglia stated she would write a short letter to the Paradise Township Planning Commission requesting a proposed sign ordinance regarding off-premise LED signs, as recommended by Judge Cahn.
Other Business/Public Comment
There was no further business or public comment.
Motion: Briglia moved and seconded by Troutman to adjourn the meeting at 10:55 a.m.
Motion carried 2-0.