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03/01/2011 Meeting Minutes

                                              PARADISE TOWNSHIP BOARD OF SUPERVISORS

                                                        REGULAR MEETING MINUTES

                                                          TUESDAY, MARCH 1, 2011

 

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 – 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 Flood to approve the February 15, 2011 regular meeting minutes as presented.

Motion carried 3-0.

 

Unfinished/Old Business

Storage Historic Society/Cemetery/Pa. Land Conservation Conference

– Carol Hillestad stated that the Paradise Township Historic Society has been receiving donations of maps and records and requested space at the Township for a filing cabinet to store the documents the Historic Society has received.  Briglia stated that the Board does need to discuss storage as the Township is also out of storage space and there are boxes now in the meeting room due to lack of space.  After discussion, Safin stated that a filing cabinet could be placed in the maintenance building parts room for the Historic Society.  Hillestad will follow-up with Safin on the particulars.

– Carol Hillestad stated that she is working on researching a legal right-of-way and/or access to the old cemetery on Red Rock Road.

– Carol Hillestad stated that she would be attending the Pa. Land Conservation Conference and requested help with the cost.  Attorney Prevoznik will research if the Township is permitted to pay for this conference for Carol Hillestad and report to the Supervisors.

 

Mt. Airy PennDOT re: Keokee Chapel Intersection/Mt. Airy Event Study for March 26 Car Giveaway – Attorney Belardi and John Pocius from Ceco Associates were present for Mt. Airy #1, LLC.

– Attorney Belardi stated they were here this evening to discuss the request by PennDOT for Paradise Township to convey an easement to PennDOT where Keokee Chapel Road meets Route 940 regarding the installation of a traffic light at the intersection of Route 940 and 390.  After discussion, Attorney Belardi will work with Solicitor Prevoznik to accomplish the conveyance of the requested easement.

– John Pocius stated that the next Mt. Airy #1, LLC event study is scheduled for March 26.  Attorney Belardi stated that if Mt. Airy #1, LLC cannot complete the five traffic event studies within the one-year period (Ending July 20, 2011) that an extension will be requested. 

 

Road name resolution/Zoning map to reflect correct road names

– Briglia stated that a new resolution is necessary to update the road name changes and additions and that the zoning map would also need updating.  After discussion, Briglia was instructed to prepare the resolution and Solicitor Prevoznik would work on the ordinance to update the zoning map.

 

          House numbers (3 names of people that need help)

– Briglia stated that three residents have requested help with installing the 911 address signs.  Sean Garber was present and volunteered to help.  Briglia will contact Mr. Garber with the information.

 

Reformat Code of Ordinances

– Briglia reported that the Code of Ordinances has formatting errors that have been caused by the proprietary software used by General Code Publishing when the Code was recodified in 2002.  As the Township updates the Code the formatting resumes and is difficult, if not impossible, to change.  Briglia stated she has checked with General Code Publishers and the Township cannot purchase the software.  Briglia stated she had asked General Code Publishers for the cost on updating the Code of Ordinances with the new ordinances passed since 2002.  There was also discussion on having the Code of Ordinances completely retyped into a word document.  Brady questioned if the formatting errors can be corrected without an ordinance.  Solicitor Prevoznik stated that any corrections should be done by ordinance.  Briglia will continue to research the options and costs.

 

Public Hearings

6:30   Chapter 1 – Local Traffic Definitions

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing at 6:30 p.m. for Ordinance 184, Chapter 1.

Motion carried 3-0.

 

Solicitor Prevoznik stated that the purpose of this evening’s public hearing is to revise Chapter 1 (General Provisions) to modify Section 1-16 (Definitions) to add a definition for “Local Traffic.”  Solicitor Prevoznik called Debra Brady, Zoning Officer, as the Township’s witness.  Brady went through the steps that brought the Paradise Township Board of Supervisors to consider the above revision to the Paradise Township Code of Ordinances.  See Panko Reporting transcript (on file) for full hearing testimony.

Motion:  Briglia moved and seconded by Troutman to close the public hearing and reconvene the regular meeting at 6:39 p.m.

Motion carried 3-0.

Motion:  Briglia moved and seconded by Flood to adopt Ordinance 184 as presented.

Motion carried 3-0.

 

6:40   Chapter 142 – Weight Limits

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing at 6:40 p.m. for Ordinance 185, Chapter 142.

Motion carried 3-0.

Solicitor Prevoznik stated that the purpose of this evening’s public hearing is to revise Chapter 142 (Vehicles and Traffic) to modify Section 142-27(A) to eliminate maximum gross weight restrictions on two Township streets, to enact a maximum gross weight restriction of ten (10) tons on Township Street T.R. #560 (Koerners Road), to enact a maximum gross weight restriction of seventeen (17) tons on the Hulbert Hill Road Bridge (except combinations up to twenty-one (21) tons), and to enact a maximum gross weight restriction of twenty-six (26) tons on the Koerners Road Bridge (except combinations up to thirty-seven (37) tons).  Solicitor Prevoznik called Debra Brady, Zoning Officer, as the Township’s witness.  Brady went through the steps that brought the Paradise Township Board of Supervisors to consider the above revision to the Paradise Township Code of Ordinances.  See Panko Reporting transcript (on file) for full hearing testimony.

 

Motion:  Briglia moved and seconded by Flood to close the public hearing and reconvene the regular meeting at 6:49 p.m.

Motion carried 3-0.

Motion:  Briglia moved and seconded by Troutman to adopt Ordinance 185 as presented.

Motion carried 3-0.

 

6:50   Chapter 1 – Sewage Disposal Definitions

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing at 6:50 p.m. for Ordinance 186, Chapter 1.

Motion carried 3-0.

Solicitor Prevoznik stated that the purpose of this evening’s public hearing is to revise Chapter 1 (General Provisions) to modify Section 1-16 (Definitions) to change and/or add definitions for Reasonable Attorney Fees, Sewage Facilities, Individual Sewage System, Community Sewage System, Public Sewage Facility, and Private Sewage Facility.  Solicitor Prevoznik called Debra Brady, Zoning Officer, as the Township’s witness.  Brady went through the steps that brought the Paradise Township Board of Supervisors to consider the above revision to the Paradise Township Code of Ordinances.  Francis O’Boyle, Chair of Mt. Pocono Municipal Authority, asked if the definitions included municipal authorities.  Solicitor Prevoznik stated at this time it does not.  See Panko Reporting transcript (on file) for full hearing testimony.

Motion:  Briglia moved and seconded by Troutman to close the public hearing and reconvene the regular meeting at 6:59 p.m.

Motion carried 3-0.

Motion:  Briglia moved and seconded by Troutman to adopt Ordinance 186 as presented.

Motion carried 3-0.

 

7:00   Chapter 110 – Sewage Disposal

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing at 7:00 p.m. for Ordinance 187, Chapter 110.

Motion carried 3-0.

Solicitor Prevoznik stated that the purpose of this evening’s public hearing is to revise Chapter 110 (Sewage Disposal) to enact additional standards and to clarify existing standards for all Sewage Facilities (Individual and Community) located in Paradise Township.  Paradise Township seeks to require Sewage Facility owners to own or have controlling easements for the property on which the Sewage Facility is located.  The Township shall also seek to require new setbacks, isolation distance (100 ft.), screening and compliance with wellhead protection standards. Paradise Township seeks to require a primary effluent disposal and one full replacement area for all Sewage Facilities that utilize land application of treated wastewater.  Paradise Township further seeks to include new standards and requirements for existing sewage facilities that propose to increase sewage flow.  Further, Paradise Township seeks to require an intermunicipal agreement if any Sewage Facility proposes to treat and/or dispose of wastewater generated outside of Paradise Township.  Solicitor Prevoznik called Debra Brady, Zoning Officer, as the Township’s witness.  Brady went through the steps that brought the Paradise Township Board of Supervisors to consider the above revision to the Paradise Township Code of Ordinances.  Francis O’Boyle, Chair of Mt. Pocono Municipal Authority, stated that he did not agree with the need for a 100% reserve area. Mr. O’Boyle referred to the letter from Kate Crowley at DEP that states that there has been no failures of

these systems in fifteen years.  Mr. O’Boyle also referred to the letter from Mr. D’Alessandro, RKR Hess Associates, regarding his concern of a 100% reserve area.  Mr. William Raczko was present and stated that he agreed with the ordinance as written.  Mr. Patrick Conner from Paradise Falls Lutheran Association asked what impact the 100’ setback would have on the Association.  See Panko Reporting transcript (on file) for full hearing testimony.

 

Motion:  Briglia moved and seconded by Troutman to close the public hearing and reconvene the regular meeting at 7:42 p.m.

Motion carried 3-0.

Motion:  Briglia moved and seconded by Troutman to adopt Ordinance 187 as presented.

Motion carried 3-0.

 

7:30   Chapter 131 – SALDO (Sewage Disposal)

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing at 7:43 p.m. for Ordinance 188, Chapter 131.

Motion carried 3-0.

Solicitor Prevoznik stated that the purpose of this evening’s public hearing is to revise Chapter 131 (Subdivision and Land Development) to require testing for soil suitability for one (1) full replacement area for any proposed land application of treated wastewater prior to approval of any subdivision or land development plan or to increase wastewater disposal for any existing land use, as well as compliance with provisions in Chapter 131 and Chapter 160. Solicitor Prevoznik called Debra Brady, Zoning Officer, as the Township’s witness.  Brady went through the steps that brought the Paradise Township Board of Supervisors to consider the above revision to the Paradise Township Code of Ordinances.  Francis O’Boyle, Chair of Mt. Pocono Municipal Authority, again stated that he did not agree with the need for a 100% reserve area.  See Panko Reporting transcript (on file) for full hearing testimony.

Motion:  Briglia moved and seconded by Flood to close the public hearing and reconvene the regular meeting at 7:57 p.m.

Motion carried 3-0.

Motion:  Briglia moved and seconded by Troutman to adopt Ordinance 188 as presented.

Motion carried 3-0.

 

7:45   Chapter 160 – Zoning (Sewage Disposal)

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing at 7:58 p.m. for Ordinance 189, Chapter 160.

Motion carried 3-0.

Solicitor Prevoznik stated that the purpose of this evening’s public hearing is to revise Chapter 160 (Zoning) to establish standards for Community Sewage Systems as Conditional Uses.  Paradise Township seeks to require new setbacks, isolation distance (100 ft.), screening and compliance with wellhead protection standards.  Paradise Township seeks to require a primary effluent disposal and one full replacement area for all Sewage Facilities that utilize land application of treated wastewater.  Paradise Township further seeks to include new standards and requirements for existing sewage facilities that propose to increase sewage flow.  Further Paradise township seeks to require an intermunicipal agreement if any Sewage Facility proposes to treat and/or dispose of wastewater generated outside of Paradise Township.  Paradise Township shall require that any application for a new or the expansion of an existing sewage facility to submit all necessary local, state and federal permits.  Paradise Township also seeks to incorporate Chapter 131 and Chapter 110 provisions as part of the overall plan for sewage treatment in Paradise Township.  Finally, Paradise Township seeks to include Community Sewage Systems in Schedule I, Regulated Land Uses, as a Conditional Use in all Zoning Districts in Paradise Township. Solicitor Prevoznik called Debra Brady, Zoning Officer, as the Township’s witness.  Brady went through the steps that brought the Paradise Township Board of Supervisors to consider the above revision to the Paradise Township Code of Ordinances.  See Panko Reporting transcript (on file) for full hearing testimony.

 

Motion:  Briglia moved and seconded by Flood to close the public hearing and reconvene the regular meeting at 8:15 p.m.

Motion carried 3-0.

Motion:  Briglia moved and seconded by Troutman to adopt Ordinance 189 as presented.

Motion carried 3-0.

 

Solicitor Prevoznik instructed Briglia to send Mr. Francis O’Boyle copies of Ordinance 186, 187, 188, and 189.

 

The Board took a short break.

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

Motion carried 3-0.

 

Unfinished/Old Business (Continued)

 

Seven Pines Park/Stormwater Management Plan Approval

– Briglia stated that the NPDES permit for Seven Pines Park was received and that the Stormwater Management Plan needs to be officially approved.

Motion:  Briglia moved and seconded by Troutman to approve the Seven Pines Park Stormwater Management Plan.

Motion carried 3-0.

 

New Business

        Run for the Red Marathon

– Troutman summarized the letter from the American Red Cross outlining the course for the Run for the Red to be held on May 15, 2011. 

Motion:  Briglia moved and seconded by Troutman to approve closing the roads as requested in the letter from the American Red Cross.

 

Discussion: Troutman read the roads named in the letter and Solicitor Prevoznik stated that the Board should only approve the Township roads and that the Township had no authority to approve closing state roads.

Motion:  Briglia moved and seconded by Troutman to rescind the previous motion.

Motion carried 3-0. 

Motion:  Briglia moved and seconded by Troutman to approve closing only the roads owned and controlled by the Township which are Merry Hill Road and Red Rock Road. 

Motion carried 3-0.

Solicitor Prevoznik instructed Briglia to include in the approval letter to the American Red Cross that the Township is approving the closing of the Township roads only.

 

        Work Shop at Monroe County Conservation District (MCCD) on March 15, 9:00 to 12:00

– Troutman summarized the workshop information.  Briglia stated she would like to attend specifically for the information regarding Forest Management Planning.

Motion:  Troutman moved and seconded by Flood for Briglia to attend the MCCD workshop.

Motion carried 3-0.

 

        EAC/Open Space

– Briglia stated that the Upper Brodhead and Paradise Creek Greenway Committee (UBPCGC) is reorganizing as the Regional Open Space Committee.  Briglia reported that the Township’s EAC would be meeting at 6:00 p.m. on the second Thursday of the month at Evergreen School followed by Regional Open Space at 7:00 p.m.  Briglia stated that she officially served on the UBPCGC and that Flood previously served on the Regional Open Space Committee.

Motion:  Briglia moved and seconded by Troutman to appoint Michael Flood to the Regional Open Space Board.

Motion carried 3-0.

 

          Ski Haven Estates

– Flood stated that Ski Haven Estates requested engineering help through the Township for a bridge located in Ski Haven Estates that needs repair work.  Solicitor Prevoznik stated that the Township could not offer engineering assistance to a private development.  

 

Reports

Roadmaster (attached) – Safin read his report.

       Safin requested that the “Roof” remodeling, to add handicapped bathrooms, be put out to bid as soon as possible.  After discussion, the Board agreed to put the “Roof” remodeling out to bid for opening on April 14 and awarding the bid at the April 21 Board of Supervisors meeting for the work to be completed by May 30.  The Board also agreed not to rent the “Roof” in May.  Electronic bidding was also discussed and the Board agreed not to electronically bid the “Roof” remodeling.

      

 

       Safin requested that Gerald Smiley be permitted to carry over 4 hours of vacation since he was called into work when he had vacation scheduled between Christmas and New Year’s.  Troutman stated that Gerald Smiley was already at the maximum carry-over on vacation of40-hours and therefore the union contract would not allow additional vacation hours to be carried over.

 

Sewage Enforcement Officer (attached) – Troutman read the report.

 

Zoning Officer (attached)  Brady stated her report was self-explanatory.

 

PARC – Troutman stated that there was not a quorum on February 24 and therefore had no report.

 

EAC – Flood asked where the Township stands on the official map.  Briglia stated that a work session has been scheduled for April 5 at 5:00 with Carson Helfrich, Community Planning, who has been working on the official map.  Briglia was instructed to invite Christine Meinhart from the Monroe County Planning Commission to attend.

 

PMREMS – Briglia stated PMREMS would be holding a special meeting this Thursday, March 3, to discuss Barrett Township.

 

Act 32 – Briglia stated that she attended the Monroe County Tax Collection Committee on February 10.  The purpose of the meeting was to reappoint any officials and firms for 2011.

 

Upper Brodhead/Paradise Creek Greenway Plan – Briglia stated that the plan is completed and therefore the UB/PCG Committee will no longer be meeting.

 

Solicitor –   Solicitor Prevoznik stated that Attorney Belardi would be sending him the lease for Pocono Gardens tomorrow.  The driveway at the FNCB was also discussed as to the importance of the driveway for the trailhead.  Solicitor Prevoznik and Charles Unangst will follow up on this.  Solicitor Prevoznik stated he had executive session items.

 

Correspondence/Miscellaneous

       There was no correspondence for tonight’s meeting.

          

Other Business/Public Comment

       Safin requested a work session to discuss hiring someone for the summer for mowing. Safin stated that Chad Nauman is not expected to be back to work for most of the summer.  After discussion, the Board agreed to discuss this further at the next regular meeting scheduled for March 15, 2011.

        

              Mr. Evans asked who would be enforcing the weight limits on the bridges that were previously enacted this evening by ordinance.  Solicitor Prevoznik stated that PennDOT, not the state police, now run the scales.  Solicitor Prevoznik stated that the state police and possibly the Township could request the scales unit to set up a station.

 

Executive Session

Motion:  Troutman moved and seconded Flood to recess the regular meeting and go into an executive session at 9:08 p.m. after short break.

Motion carried 3-0.

 

Motion:  Briglia moved and seconded by Troutman to reconvene the regular meeting at 9:38 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 9:39 p.m.

Motion carried 3-0.

 

Respectfully submitted,

Reda Briglia

Secretary