Board of Supervisors Business Meeting Minutes
PARADISE TOWNSHIP BOARD OF SUPERVISORS
REGULAR MEETING MINUTES
MARCH 18, 2019
Call to Order
Chair Konrath called the meeting to order at 6:06 p.m.
Roll Call
Officials Present:
Gary Konrath – Chair John C. Prevoznik – Solicitor
Peter Gonze – Vice Chair Charles Unangst – Engineer
Reda Briglia – Supervisor
Pledge of Allegiance
Konrath led the Pledge of Allegiance to the Flag.
Public Comment Statement
Konrath 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.”
Konrath stated that the meeting is being recorded for the limited purpose of preparing the official minutes.
Approval of Minutes
Motion: Gonze moved and seconded by Konrath to approve the March 4, 2019 Board of Supervisors regular meeting minutes as presented.
Motion carried 3-0.
Work Session Items
Mt. Airy #1, LLC
Mt. Airy #1, LLC will be attending the work session scheduled for May 6 at 5:00 p.m. to discuss the revised Discharge Management Plan and the 2018 Greenway Monitoring Report.
Treasurer’s Report
Briglia submitted the Treasurer’s Report.
Motion: Gonze moved and seconded by Konrath to approve the treasurer’s report as presented.
Motion carried 3-0.
Planning Commission Items
Seven Pines Park Phase 1B Stormwater Management Plan
Brick Linder, Linder Engineering, was present. Mr. Linder stated that the Planning Commission at their March 12 meeting recommended approval of the Stormwater Management Plan for Seven Pines Park Phase 1B contingent on addressing the comments of the Township Engineer, Charlie Unangst, Hanover Engineering, to Hanover Engineering’s satisfaction. Mr. Unangst presented an email from Andy Woods, P.E., P.L.S. (Hanover Engineering) stating that the submitted materials satisfy Hanover Engineering’s comments. There was a brief discussion on if a Stormwater Management Agreement would be necessary due to the fact that Seven Pines Park is owned jointly by Paradise Township and Barrett Township. Mr. Linder stated that the notes on the plan should be sufficient. Solicitor Prevoznik agreed.
Motion: Gonze moved and seconded by Konrath to approve the Seven Pines Park Phase 1B Stormwater Management Plan as presented.
Motion carried 3-0.
Unfinished Business
Bluestone Preserve
Konrath stated that the previous owner of the Bluestone property objects to the Township using the Bluestone Preserve name for the open space property purchased from him. Konrath stated that the EAC/Open Space is considering other names for the property.
Motion: Gonze moved and seconded by Konrath to table renaming Bluestone Preserve until the EAC/Open Space makes recommendations on a new name.
Motion carried 3-0.
PMVFC Generator/CoStars
Briglia stated that she has received the generator information from Price Brothers. Briglia stated that PMVFC is eligible to join CoStars. Briglia suggested that PMVFC join CoStars and check the prices through CoStars for the generator. The Board agreed. Briglia will contact Logan Evans and provide him with the information on the generator and joining CoStars.
PPL Utilities Right-of-Way
Briglia stated that she had contacted Ron Borger, PPL Electric Utilities Right-of-Way Agent and told him the proposed easements were not specifically descriptive enough to allow the Township to understand the effect of the grants of rights requested in the easement and that a more definitive easement is being requested. Briglia stated that Ron Borger would like to speak with someone at the Township for more details.
Motion: Gonze moved and seconded by Konrath for Solicitor Prevoznik to contact Ron Borger regarding the easements.
Motion carried 3-0.
New Business
Chainsaws/Open Space and Public Works
Konrath stated that the 24” chainsaw used by open space and the public works department needs to be replaced. Konrath recommended that two 24” chainsaws be purchased, one through open space funds and one through the Township general fund.
Motion: Gonze moved and seconded by Konrath for Mader to purchase two 24” chainsaws, one through open space funds for use on open space properties and one through the Township general fund for Township use.
Motion carried 3-0.
Tiger Boom Flail Knives/Stephenson Equipment
Gonze stated that Mader has spoken with him today regarding purchasing a new brush knife assembly for the Tiger Boom Flail Mower. Briglia stated that Mader provided a quote from Stephenson Equipment, Inc. for the new brush knife assembly for $3,431.39.
Motion: Briglia moved and seconded by Gonze to purchase the brush knife assembly from Stephenson Equipment, Inc. for $3,431.39.
Motion carried 3-0.
Pocono Township Mutual Aid Agreement
Konrath stated that the Township received a Mutual Aid Agreement from Donna Asure, Pocono Township, for police services. Solicitor Prevoznik stated that the Township cannot enter into a Mutual Aid Agreement for police services since the Township is covered by the Pa. State Police. After further discussion, Solicitor Prevoznik stated that the would send an email to Leo DeVito, Solicitor for Pocono Township, explaining that Paradise Township does not have a police department and therefore cannot enter into a Mutual Aid Agreement for police services.
Public Hearing Proposed Ordinance 258
Motion: Konrath moved and seconded by Gonze to recess the regular meeting and open the public hearing for proposed Ordinance 258 at 6:30 p.m.
Motion carried 3-0.
Proposed Chapter 67 – Fire Insurance Escrow
Solicitor Prevoznik stated that the purpose of Ordinance #258 is to establish certain minimum health and safety requirements for the timely removal, repair and/or securing of buildings or structures damaged by fire, to deter the commission of arson and related crimes, to discourage the abandonment of property and prevent urban blight and deterioration. Solicitor Prevoznik stated that the proposed ordinance was scheduled for tonight at 6:30 p.m. Solicitor Prevoznik summarized the advertised public notice for proposed Ordinance #258 (See Exhibit 1). Solicitor Prevoznik submitted the following Exhibits:
T-1 – Proposed Ordinance #258.
T-2 – Public Notice.
T-3 – Proof of Public Notice from Pocono Record.
T-4 – Memo from Debra Brady, Zoning Officer, stating that the proposed ordinance was delivered to the Monroe County Planning Commission, Monroe County Law Library, Pocono Record, and posted at the municipal building.
T-5 – Paradise Township Planning Commission minutes dated November 13, 2018.
T-6 – Monroe County Planning Commission review dated February 5, 2019.
T-7 – Sign-in Sheet.
Solicitor Prevoznik asked if the Board had any questions. The Board had no questions. Solicitor Prevoznik asked if any member of the public wished to discuss the Ordinance. No one participated or signed the sign-in sheet.
Motion: Gonze moved and seconded by Briglia to move Exhibits 1 – 7 into the record. Motion carried 3-0.
Motion: Gonze moved and seconded by Konrath to close the public hearing and reconvene the regular meeting at 6:38 p.m.
Motion carried 3-0.
Motion: Gonze moved and seconded by Briglia to adopt Ordinance #258 as advertised.
Motion carried 3-0.
Reports
EAC/Open Space – Konrath asked if the Board had any questions on the EAC meeting minutes dated March 5, 2019. Konrath stated that Don Miller through the Brodhead Trout Unlimited is requesting permission to install receptacles for disposal of monofilament line left behind by fisherman on the Van Buskirk, Nothstein and Keokee Chapel properties. The Board did not agree to have monofilament line receptacles installed on these properties.
Public Hearing Proposed Ordinance 259
Motion: Konrath moved and seconded by Briglia to recess the regular meeting and open the public hearing for proposed Ordinance 259 at 6:45 p.m.
Motion carried 3-0.
Proposed Chapter 160 – Zoning
Solicitor Prevoznik stated that the purpose of Ordinance #259 is to revise Chapter 160 eliminating most of the current standards for preblast surveys and instead requires submission of approved current licenses required by 25 Pa. Code Chapter 210 and 211. Solicitor Prevoznik stated that the proposed ordinance was scheduled for tonight at 6:45 p.m. Solicitor Prevoznik summarized the advertised public notice for proposed Ordinance #259 (See Exhibit 2). Solicitor Prevoznik submitted the following Exhibits:
T-1 – Proposed Ordinance #259.
T-2 – Public Notice.
T-3 – Proof of Public Notice from Pocono Record.
T-4 – Memo from Debra Brady, Zoning Officer, stating that the proposed ordinance was delivered to the Monroe County Planning Commission, Monroe County Law Library, Pocono Record, and posted at the municipal building.
T-5 – Paradise Township Planning Commission minutes dated November 13, 2018.
T-6 – Monroe County Planning Commission review dated February 5, 2019.
T-7 – Monroe County Planning Commission review MCPC review #10-19.
T-8 – Sign-in Sheet
Solicitor Prevoznik asked if the Board had any questions. The Board had no questions. Solicitor Prevoznik asked if any member of the public wished to discuss the Ordinance. No one participated or signed the sign-in sheet.
Motion: Gonze moved and seconded by Briglia to move Exhibits 1 – 8 into the record. Motion carried 3-0.
Motion: Gonze moved and seconded by Briglia to close the public hearing and reconvene the regular meeting at 6:52 p.m.
Motion carried 3-0.
Motion: Gonze moved and seconded by Briglia to adopt Ordinance #259 as advertised.
Motion carried 3-0.
Solicitor Prevoznik stated that this ordinance needs to be forwarded to DCED. Solicitor Prevoznik stated the he would provide the information to Briglia on who to forward the ordinance to at DCED.
Motion: Gonze moved and seconded by Briglia to forward the ordinance to DCED.
Motion carried 3-0.
Reports (Continued)
Solicitor – Solicitor Prevoznik stated that he has nothing further to report.
Engineer – Mr. Unangst stated that the permit application for the highway occupancy permit for Paradise Discovery Park has been submitted to PennDOT. Mr. Unangst stated that he has requested quotes for Level 3 and Level 5 ballistic proof panels. Mr. Unangst submitted revised drawings for the salt mix building and stated that his office is working on the bid package.
Zoning Officer – Gonze stated that with Brady’s pending retirement that an interim Zoning Officer should be appointed.
Motion: Gonze moved and seconded by Konrath to appoint Jake Schray with Hanover Engineering as interim Zoning Officer at the rates provided by Hanover Engineering at the organization meeting held on January 7, 2019.
Motion carried 3-0.
Correspondence/Miscellaneous
There was no correspondence/miscellaneous for tonight’s meeting.
Other Business/Public Comment
SEO Rates
Briglia stated that the Township needs to update their fee schedule to include revised fees for sewage enforcement. Briglia stated that the Township’s Chapter 8, Fee Schedule and Costs needs to be revised to include Sewage Enforcement and Zoning Officer.
Motion: Gonze moved and seconded by Briglia for Solicitor Prevoznik to prepare a draft ordinance to revise Chapter 8.
Motion carried 3-0.
Township Generator
Konrath inquired if the generator control panel for the township generator has been ordered. Briglia stated that it has been ordered.
Adjournment
Motion: Gonze moved and seconded by Briglia to adjourn the meeting at 7:08 p.m.
Motion carried 3-0.
Respectfully submitted,
Reda Briglia
Secretary
EXHIBIT 1
NOTICE OF PUBLIC HEARING
TAKE NOTICE, that the Paradise Township Board of Supervisors will hold a public hearing for a proposed ordinance to create a new Chapter 67 (Fire Insurance Ordinance) of the Paradise Township Code of Ordinances on March 18, 2019 at 6:30 p.m. The hearing will follow the regular meeting of the Board of Supervisors which starts at 6:00 p.m. and will be held at the Paradise Township Municipal Building, Route 940, Paradise Valley, PA. The Board will consider the application as well as other business coming before the Board at that time.
The proposed Chapter 67 (Fire Insurance Ordinance), an Ordinance authorized by Act 98 of 1992, is intended to establish certain minimum health and safety requirements for the timely removal, repair and/or securing of buildings or structures damaged by fire, to deter the commission of arson and related crimes, to discourage the abandonment of property and to prevent urban blight and deterioration. The proposed Ordinance provides escrow procedures for payment of fire insurance proceeds and payment of delinquent taxes. The proposed Ordinance requires that no insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within the Township of Paradise where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insurer is furnished by the Township Treasurer or such official’s designee with a municipal certificate pursuant to Section 508(b) of Act 98 of 1992 as amended (see 40 P.S. 638(b)) and unless there is compliance with Sections 508(c) and (d) of Act 98 of 1992 as amended (see 40 P.S. § 638(c)). Procedures for the transfer of funds and the payment of delinquent taxes are established. Nothing in the Ordinance shall limit the ability of the municipality to recover any deficiency or prohibit the municipality and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated. The Ordinance further proposes that any owner of property, any named insured or any insurer who violates the Ordinance shall be subject to a penalty of up to $1,000 per violation.
The proposed ordinance also includes a severability clause, and shall become effective five (5) days after enactment.
Gary Konrath, Chairman
Paradise Township Board of Supervisors
EXHIBIT 2
NOTICE OF PUBLIC HEARING
TAKE NOTICE, that the Paradise Township Board of Supervisors will hold a public hearing to revise Chapter 160 (Zoning) of the Paradise Township Code of Ordinances to update standards for the storage and use of explosives on March 18, 2019 at 6 :45 p.m. The hearing will follow the regular meeting of the Board of Supervisors which starts at 6:00 p.m. and will be held at the Paradise Township Municipal Building, Route 940, Paradise Valley, PA. The Board will consider the application as well as other business coming before the Board at that time.
The proposed revision eliminates most of the current standards for preblast surveys and instead requires submission of approved current licenses required by 25 Pa. Code Chapter 210 and 211. The proposed revision still requires an agreement by the applicant/permitee to indemnify and hold harmless Paradise Township, its officers, agents, and/or employees from any and all liability arising from the explosives storage and use. The Ordinance will require permitees to obtain and provide proof of the following insurance prior to issuing the permit: general liability insurance, worker’s comp insurance, automobile insurance, property damage insurance, completed operations insurance and product insurance in specified amounts with specific endorsements.
The Ordinance includes a severability clause and a repealer.
Gary Konrath, Chairman
Paradise Township Board of Supervisors