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02/27/2012 BOS Minutes

PARADISE TOWNSHIP BOARD OF SUPERVISORS

REGULAR MEETING MINUTES

FEBRUARY 27, 2012

 

Call to Order

Vice-Chair Troutman called the meeting to order at 6:08 p.m.

 

Roll Call

Officials Present:

Louise Troutman – Vice Chair                          Debra Brady – Zoning Officer

Reda Briglia – Secretary-Treasurer                   John C. Prevoznik – Solicitor

Charles Unangst – Hanover Engineering

 

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 February 6, 2012 Board of Supervisors regular meeting minutes as presented.

Motion carried 2-0.

 

Treasurer’s Report

Briglia presented the Treasurer’s Report as attached. 

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

Motion carried 2-0.

 

Planning Commission Items

Brady stated that no meeting was held in February.

 

 

Paradise Township Board of Supervisors– February 27, 2012                             Page 2

 

New Business

          Planning Commission Alternate – Troutman read the email from Melissa Wilbur Morgan, Research Analyst from the Pennsylvania State Association of Township Supervisors, stating that the Municipalities Planning Code does not authorize the appointment of alternate planning commission members.  Melissa Wilbur Wilbur Morgan also states in her email that House Bill 1047 would amend the MPC to allow for alternate planning commission members.  The Board agreed not to take any action on appointing an alternate until the House Bill is passed.

         

          Proposed Township Function Dates – Troutman read the proposed function dates as follows:

                    Easter Egg Hunt                March 31 (Rain date April 1 )

                    Spring Clean Up                May 3, 4, and 5

                    Community Day                September 9

                    Twp-Wide Yard Sale           September 29 (Rain date September 30

                   Fall Clean Up                    October 4, 5 and 6

                   Halloween Party               October 27  

Motion:  Briglia moved and seconded by Troutman to approve the dates for the Township functions as presented.

Motion carried 2-0.

          Troutman also requested that funds be approved for the Easter Egg Hunt.

Motion:  Briglia moved and seconded by Troutman to approve up to $750.00 for the Easter Egg Hunt.

Motion carried 2-0.

 

          Zoning Hearing Board Class – Troutman stated that the Zoning Hearing Board has requested to attend the training program "Zoning Decisions" on March 21 at the Jefferson Township Building.

Motion:  Briglia moved and seconded by Troutman to pay the cost of $50.00 each for the training program including mileage.

Motion carried 2-0.

 

Unfinished Business

          Echo Farm Committee – Troutman inquired if Briglia heard anything from Don Cramer from Price Township regarding park signs.  Briglia stated that he did not find any park signs and recommended posting the stream area with the signs Paradise Township has on hand.  Troutman will contact Don Cramer to discuss further.  Troutman read the letter of interest from Don Miller to serve on the Echo Farm Committee.

Motion:  Troutman moved to appoint Don Miller to the Echo Farm Committee.

Motion died from a lack of a second.  Troutman withdrew her motion.

 

 

 

Paradise Township Board of Supervisors– February 27, 2012                             Page 3

 

          PARC

                    Budget – Troutman stated that Mt. Pocono Borough and Barrett Township have approved the PARC proposed budget.  Troutman inquired if all three municipalities needed to approve the budget.  Briglia stated that the intergovernmental agreement would need to be reviewed for the answer.

                    Audit – Troutman stated that Mt. Pocono Borough and Barrett Township would be checking with their Solicitors on whether an audit must be completed by PARC or just a review of the books as done in the past.

                    Seven Pines – Troutman reported that PARC would like to move forward with installing dugouts and a concession stand at Seven Pines Park.  Troutman stated that Little League would be paying for the concession stand and that the dugouts would be completed as an Eagle Scout Project.

                    Barrett Letter re:  Fence – Troutman asked if Briglia sent the letter to Barrett Township asking that the installation of the fence at Seven Pines be compared to the plans and specifications regarding sona tubes for the posts.  Briglia stated she would send the letter this week.

                    Intermunicipal Agreement – Troutman inquired if Briglia sent the letter requesting a work session with Mt. Pocono Borough and Barrett Township regarding the intermunicipal agreement.  Briglia stated she would send the letter this week.

 

Brady reminded the Board that the public hearings are scheduled to begin at 6:30 p.m.

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing for proposed Ordinance #199, Chapter 1.

Motion carried 2-0.

Brady stated that the proposed ordinance for Oil and Gas Development would not be held tonight as it was not advertised correctly.  Also the state passed Act 13 regarding oil and gas drilling and the Township's ordinance will need to be revised to meet their ordinance to comply with Act 13.  Brady will give the information to the Paradise Township Planning Commission for revisions.

 

PUBLIC HEARING

Solicitor Prevoznik stated that the proposed ordinance seeks to revise Chapter 1 (General Provisions) to add definitions for Commercial Water Extraction, Derrick, Drilling Pad, Fracking, Oil and Gas, Oil and Gas Development, Oil or Gas Well, Oil or Gas Development Site, Natural Gas Compressor Station, Natural Gas Processing Plant, and Storage Well.  In addition, Paradise Township seeks to modify the existing definition for Development. Solicitor Prevoznik called Debra Brady to testify.  There was no public comment.

Motion:  Briglia moved and seconded by Troutman to close the public hearing and reconvene the regular meeting at 6:46 p.m.

Motion carried 2-0.

Motion:  Briglia moved and seconded by Troutman to adopt Ordinance 199, Chapter 1 definitions as proposed.

Motion carried 2-0.

Paradise Township Board of Supervisors– February 27, 2012                             Page 4

 

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and open the public hearing for proposed Ordinance #200, Chapter 160.

Motion carried 2-0.

Solicitor Prevoznik stated that the proposed ordinance seeks to revise Chapter 160 to establish standards for Commercial Water Extraction, including permit requirements as a Conditional Use in all Zoning Districts, minimum access standards, requirement for a traffic study, screening standards, noise standards, lighting standards, and haul road construction standards.  Solicitor Prevoznik called Debra Brady to testify.  There was no public comment.

Motion:  Briglia moved and seconded by Troutman to close the public hearing and reconvene the regular meeting at 6:58 p.m.

Motion carried 2-0.

Motion:  Briglia moved and seconded by Troutman to adopt Ordinance 200, Chapter 160, Commercial Water Extraction as proposed.

Motion carried 2-0.

         

Unfinished Business (Continued)

          PARC (Continued)

                   Troutman requested approval for the Paradise Township road crew to fill in (with topsoil) the gap between the fences and cement at the posts.  Briglia recommended waiting for the outcome on whether the fence was installed properly before approving. 

                   Dugouts and Concession Stand – Brady pointed out that the temporary stormwater plan (including the current parking lot and rain gardens) did not include a pavilion or shed and that PARC needs to be aware of how much impervious surface is being created and that a new stormwater plan may be required.

                   Temporary Certificate of Occupancy – Troutman reported that PARC is planning to request a temporary certificate of occupancy to use the parking and one of the fields.  Briglia stated that this is on next week's agenda.

                   Joint Work Session – Briglia stated that she would set up the joint work session as discussed at the Board's February 6 meeting so that these issues can be addressed with the other municipalities.

 

Solicitor’s Report

          Solicitor Prevoznik stated that he had executive session items.

                   Solicitor Prevoznik stated that he has sent Briglia a proposed fee schedule including interest for engineering and solicitor billing that should be discussed at an upcoming work session.

                   Solicitor Prevoznik is working on completing the final addendum for the Echo Farm property.

                   Solicitor Prevoznik stated he has received a snow plowing policy from Robert Mack and that he will be reviewing the agreement.

                   Solicitor Prevoznik distributed a letter from Attorney Wolf agreeing to a two-party agreement between FNCB and Mt. Airy regarding the easement rights.  The

Paradise Township Board of Supervisors– February 27, 2012                             Page 6

 

Board agreed with the two-party agreement which will allow Mt. Airy to grant the Township access to the trail head, gazebo and parking lot.

                   Solicitor Prevoznik stated that the Township has received the Greenway Monitoring Report and that it has been forwarded to Jason Smith at Hanover Engineering for review.  Troutman asked that Briglia forward the report to the Environmental Advisory Council.  Briglia stated that she was waiting for Jason Smith's comments to forward along with the report.  Troutman agreed.

                   Solicitor Prevoznik reported that the repair work on Hulbert Hill Bridge has been completed.

                    Solicitor Prevoznik stated that no further files have been received from Guardian Inspection Services.

                   Solicitor Prevoznik stated that the FEMA 90-day appeal period started on February 15, 2012.

 

Correspondence/Miscellaneous

          District Justice Whitesell – Briglia stated that District Justice Whitesell is looking for a building in Paradise Township for his office.                    

 

Other Business/Public Comment

          There was no other business or public comment.

 

Executive Session

Motion:  Briglia moved and seconded by Troutman to recess the regular meeting and go into an executive session at 7:37 p.m.

Motion carried 2-0.

 

Motion:  Briglia moved and seconded by Troutman to reconvene the regular meeting at 7:58 p.m. 

Motion carried 2-0.

Troutman stated that personnel and potential litigation was discussed.

 

Adjournment

Motion:  Briglia moved and seconded by Troutman to adjourn meeting at 8:00 p.m.

Motion carried 2-0.

 

Respectfully submitted,

 

 

 

Reda Briglia

Secretary