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04/21/2011 Meeting Minutes



APRIL 21, 2011


Call to Order

Chair Troutman called the meeting to order at 6:04 p.m.


Roll Call

Officials Present:

Louise Troutman – Chair

Michael Flood – Vice Chair

Reda Briglia – Secretary-Treasurer

John C. Prevoznik – Solicitor

Charles Unangst – Engineer


Pledge of Allegiance

Chair Troutman led the Pledge of Allegiance to the Flag.


Executive Session

Troutman stated that a short executive session was held from 5:45 p.m. to 6:00 p.m. this evening regarding personnel matters.


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.”


Approval of Minutes

Motion:  Flood moved and seconded by Troutman to approve the April 5, 2011 Board of Supervisors regular meeting minutes as presented.

Motion carried 3-0.


Treasurer’s Report

Briglia presented the Treasurer’s Report as attached.  Briglia reported that the Township received the first quarter Local Share Assessment from the PA Department of Revenue for $680,946.84.  Briglia reported that there is now a balance of $994,937.71 in the Citizens General Operating Account.  Briglia recommended transferring monies to


PLGIT and purchasing certificates of deposit.  Briglia also informed the Board that the Open Space Account is at $434,419.95.  The Board discussed purchasing certificates of deposit.


Motion:  Troutman moved and seconded by Flood to transfer $400,000.00 from the General Fund to PLGIT and to purchase four individual certificates of deposit (through PLGIT) with rotating three-month maturity dates.

Motion carried 3-0.


Motion:  Flood moved and seconded by Troutman to approve the Treasurer’s Report as submitted.

Motion carried 3-0.


Planning Commission Items

Troutman stated that there are no planning commission items for tonight’s meeting.


Unfinished Business

General Code Publishers Quote – Briglia reported that the Township has received the quote from General Code Publishers.  The initial estimate to bring the code up to date from Ordinance 128 to 192 is $9,835.00.  In addition, the post-project editorial analysis would be $3,500.00.  Briglia stated that she gathered information on other code publishers while at the PSATS Convention this week and recommended that the Township request quotes from other companies.  The Board agreed.

Generator Specs work with Hanover Engineering – Briglia reported that Hanover Engineering has forward names of electrical contractors to work with in obtaining specifications for a generator for the Township complex.  Briglia reminded the Board that last year the Township received quotes through Co-Stars for a generator and then the quote was changed from a three-phase to a one-phase with a significant price increase.  Briglia recommended that the Township approve Hanover Engineering to work with the electrical contractors and the Township to prepare specs.  The Board approved. 



Troutman stated that awarding of the “Roof” Restroom Renovation Bid was advertised for 6:15 p.m.  Briglia stated that the bids were opened as advertised at 3:05 p.m. on Thursday, April 14 to allow Hanover Engineering and Solicitor Prevoznik an opportunity to review the bids.  Briglia read the bids.  See Exhibit 1.  Briglia reported that Richard Pierce Builder was the overall low bidder.  Briglia stated that Leon Clapper was low bidder on the plumbing.  Briglia stated that Solicitor Prevoznik had a conflict of interest and therefore the bids were forwarded to Joseph McDonald, Esquire, for review.  Briglia read the following from Attorney McDonald’s memo, “Given the discretion reserved to the Township in the Notice to Bidders and Instructions to Bidders, I believe the Township can award a single bid to the lowest total bidder (in this case Richard Pierce Builder) in compliance with the relevant standard of the Second Class Township Code.  Both Hanover Engineering and Solicitor Prevoznik reported that all other bidding documentation was in order.



Motion:  Flood moved and seconded by Troutman to award the “Roof” restroom bid to Richard Pierce Builder for $24,794.00.

Motion carried 3-0.


Briglia also reported that Mr. Safin informed her today of the need for a replacement storage area for Little League since the restroom renovation will eliminate the current storage area.  After discussion, the Board agreed to obtain prices on wooden storage sheds.


Unfinished Business Continued

 Mt. Airy #1, LLC/Keokee Chapel Right-of-Way – Attorney Belardi and John Pocius, Ceco Engineering, were present for Mt. Airy #1, LLC.  Attorney Belardi requested the Township to schedule a Public Hearing to extinguish the right-of-way easement on Keokee Chapel Road along Route 940 as required by PennDOT for Mt. Airy #1, LLC to make the required improvements to the Route 940/390 intersection.  Solicitor Prevoznik has been working with Attorney Belardi on the agreement to extinguish the right-of-way. 


Motion:  Flood moved and seconded by Briglia to schedule a Public Hearing on June 21, 2011 at 7:00 p.m. to extinguish, vacate, and/or abandon the right-of-way at the intersection of Route 940 and Keokee Chapel Road per Mt. Airy #1, LLC request as part of PennDot’s requirements to improve the intersection of Route 940/390. 

Motion carried 3-0.


      Mt. Airy Special Event Reports  – Attorney Belardi referred to the traffic study reports completed by Hanover Engineering and Traffic Planning and Design, Inc. for the car giveaway on March 26, 2011.  The reports show that there were no major traffic problems. 


   Motion:  Briglia moved and seconded by Troutman to approve Memorial Day fireworks as the next event for the traffic study.

The Board and Mt. Airy #1, LLC agreed to extend the traffic study deadline to include the three firework displays planned for Memorial Day, Fourth of July, and Labor Day.


Motion:  Briglia amended her motion and seconded by Troutman to schedule the Memorial Day, Fourth of July, and Labor Day fireworks as the remaining three events for the traffic studies.

Motion carried 3-0.


          Mt. Airy #1, LLC Conditional Use Application for Electronic Sign – The Board reviewed the application and discussed scheduling a public hearing for the Mt. Airy #1, LLC’s Conditional Use Application.

Motion:  Briglia moved and seconded by Flood to schedule the Public Hearing for Mt. Airy #1, LLC’s Conditional Use Application on June 7, 2011 at 7:00 p.m.

Motion carried 3-0.


   Pocono Gardens Lease – Attorney Belardi presented a signed copy of the Pocono Gardens Realty Lease Agreement for the shale pit currently used by the Township for road material storage.  The lease agreement is for $300.00 per month based on an appraisal completed by Tom McKeown, licensed real estate appraiser. 


Motion:  Flood moved and seconded by Briglia to enter into the lease agreement with Pocono Gardens Realty for $300.00 per month for the approximately one (1) acre piece of property located off of Red Rock Road which has been utilized for many years by the Township as a stock pile for road materials.

Motion carried 3-0.


     Attorney Prevoznik reminded Briglia to contact the insurance company and to name Pocono Gardens Realty as additional insured.

          Mt. Airy #1, LLC Trails – Attorney Belardi stated that the trail bond expires on May 20, 2011 and he believes the trails may be completed by that date.  After further discussion, the Board agreed to schedule a work session with Mt. Airy #1, LLC regarding the bond and trailheads including the trailhead and FNCB on May 18, 2011 at 5:00 p.m.


New Business         


       Planning Committee Appointments and Meeting Dates – The Board reviewed the list of people interested in serving on the Planning Committee for the Township’s Comprehensive Plan.  Briglia recommended having a Paradise Township business owner on the committee.  After discussion, the Board agreed to contact the Barrett Paradise Business Association and to post on the Township’s web page the information on the Planning Committee.  Briglia will contact Steve Dellinger at Hanover Engineering to discuss his availability. 


Act 44 Resolution and Municipal Pension Plan Audit – Briglia stated that Patrick Gillott from Auditor General’s Office completed the Pension Plan audit on April 5, 2011 and that there were no audit findings.  Briglia stated that a verbal observation was noted pursuant to Act 44 that the municipality should develop procedures regarding professional services contracts.  Patrick Gillott provided a draft ordinance.  Attorney Prevoznik has reviewed the draft ordinance and recommended that the Township contact Pennsylvania Municipal Retirement System (PMRS) and determine if other Township’s have adopted the ordinance.  Briglia will follow up with PMRS. 

          Mt. Airy Conditional Use Application – Troutman stated that the Public Hearing was scheduled earlier this evening.

Fees for Porta Potties at Township Parks – Briglia stated that Dean Woodling, Sewage Enforcement Officer, requested that the Board waive the fees for the Sewage Disposal System Permit for the porta potties at the Township’s parks.


Motion:  Flood moved and seconded by Troutman to waive the fees for the Sewage Disposal System Permit for the porta potties at the Township’s parks.

Motion carried 3-0.

          Little League Storage – Troutman stated this was discussed earlier this evening.


Solicitor’s Report

          Solicitor Prevoznik updated the Board on the following:

                   Pocono Gardens Realty Lease – Signed earlier this evening.


Greensprings – Two items were previously discussed for revision.  The option of using a formula to determine the 50% of trees to remain or the counting of all trees and the easement to be used as part of the 100’ buffer.  The Board is interested in amending the ordinance to include the formula to determine the 50% of trees to remain and clarification on the easement.  Solicitor Prevoznik will draft a proposed ordinance amendment.

                   Sign Ordinance – Solicitor Prevoznik stated that the Board should be receiving a revised proposed sign ordinance for review shortly.

                   Guardian/Bureau Veritas – A letter has been sent stating that the Township’s records must be submitted to the Township.

                   FNCB – Work Session scheduled earlier.

                   Bisbing Road – Hanover Engineering will write a letter to the Board regarding the vacating of Bisbing Road.

                   Executive Session – Solicitor Prevoznik stated he has two executive session items.




Monroe County Litter Control – Troutman stated that the Monroe County Litter Control Board is requesting a list of roads for the summer litter crew to clean up.  After discussion, the Board agreed to forward the following roads:  Route 940, Red Rock Road, Merry Hill Road, Henrys Crossing Road, and Grange Road.


Eagle Scout Court of Honor/Matthew Dilger – Troutman read the invitation to Dr. and Mrs. Joseph Dilger’s son, Matthew Dilger, Eagle Scout Court of Honor Celebration.  Troutman asked if anyone knew what Matthew Dilger’s project was.  Briglia stated she would follow up.


Pocono Heritage Land Trust Request for Grant Support Letter – Troutman read the letter from PHLT requesting a grant support letter for the Dewey property located in Paradise Township.  Briglia read the grant support letter that was forwarded to PHLT last week to meet today’s grant application deadline.


Motion:  Troutman moved and seconded by Flood to approve the grant support letter.

Motion carried 3-0.


Other Business/Public Comment

          Mr. Jeff Evans was present and submitted three Pocono Record articles to the Board.  The articles included a March 24, 2011 article headlined, “More state police sought for Poconos during summer months”; a March 29, 2011 article headlined, “State Trooper Shortage Looms in Pa.”; and a February 12, 1998 article headlined, “Paradise Township explores joining regional police”.  There was discussion on the need and cost of joining the Barrett Township Police Force.  After discussion, the Board agreed to ask John Lamberton, former Chief of Police for the Pocono Mountain Regional Police, to work on a cost analysis to join Barrett Township Police Force.  Briglia will contact John Lamberton to discuss.     

          There was no other business or public comment.


Executive Session

Motion:  Troutman moved and seconded by Flood to recess the regular meeting and go into an executive session at 7:45 p.m. after a short break.

Motion carried 3-0.


Motion:  Briglia moved and seconded by Flood to reconvene the regular meeting at 8:05 p.m.  Troutman stated litigation and personnel issues were discussed.

Motion carried 3-0.



Motion:  Briglia moved and seconded by Flood to adjourn meeting at 8:06 p.m.

Motion carried 3-0.


Respectfully submitted,

Reda Briglia