Board of Supervisors Business Meeting Minutes
PARADISE TOWNSHIP BOARD OF SUPERVISORS
REGULAR MEETING MINUTES
SEPTEMBER 17, 2018
Call to Order
Chair Konrath called the meeting to order at 6:01 p.m.
Roll Call
Officials Present:
Gary Konrath – Chair John C. Prevoznik – Solicitor
Peter Gonze – Vice Chair Charles Unangst – Engineer
Reda Briglia – Supervisor Debra Brady – Zoning Officer
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 September 5, 2018 Board of Supervisors regular meeting minutes as presented.
Motion carried 3-0.
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.
Unfinished Business
Mt. Airy #1, LLC/Stream Data and Report
The Board acknowledged the receipt of the Stream Data Report for August, 2018 from Frank Browne for Mt. Airy #1, LLC.
DEP Letter
Solicitor Prevoznik stated that he has prepared the letter to Pennsylvania Department of Environmental Protection and the Pennsylvania Fish and Board Commission regarding the Mt. Airy Dam Permit. Solicitor Prevoznik asked if the letter should be signed by Konrath as the Chair or by himself. The Board agreed that the letter should be signed by Konrath.
Mt. Airy #1, LLC/Greenway Trail Monitoring Report
Konrath stated that the Trail Monitoring Report #3 for the Recreational Trails at Mount Airy Casino – Resort has been received from Labella Association.
Motion: Gonze moved and seconded by Konrath to accept the report.
Motion carried 3-0.
Mr. Unangst stated that in reviewing the report that the trails are holding up well with the main issues being blowdowns and vegetation. Solicitor Prevoznik stated that according to the approved trail plans that Mt. Airy #1, LLC has thirty (30) days to address any issues in the report. Briglia will follow-up with a letter to Mt. Airy #1, LLC on the progress of addressing the issues in the report.
Mt. Airy #1, LLC/Greenway Monitoring Report
Gonze requested that Mr. Unangst follow-up with Jason Smith on the matrix for the 2017 Greenway Monitoring Report.
Gonze noted that a work session has been scheduled in November with Frank Brown and Jason Smith.
Mt. Airy#1, LLC/Matrix
Solicitor Prevoznik stated that he has received comments from Jason Smith on the matrix submitted by Mt. Airy #1, LLC. Solicitor Prevoznik will forward Jason Smith’s and his comments to Dave Osborne.
Brady stated that she is not receiving copies of any of the latest reports and stream data from Mt. Airy #1, LLC and that she previously was copied on all of the reports. Brady stated that she would like copies of all the reports so that she has a complete record. Brady stated that this is important if a Right-to-Know Request is received. Briglia stated that she has copies of the Greenway Monitoring Reports and all of the stream data reports and that they are accessible to Brady. Briglia also stated that she is the Right-to-Know Officer. The Board agreed that the office staff should coordinate the location of the files and that there is no reason for duplicating the reports.
Public Hearing Proposed Ordinance 253
Motion: Gonze moved and seconded by Konrath to recess the regular meeting and open the public hearing.
Motion carried 3-0.
Solicitor Prevoznik opened a public hearing to adopt proposed Ordinance 253. Solicitor Prevoznik stated the purpose of the ordinance is to amend Paradise Township’s municipal pension plan administered by the Pennsylvania Municipal Retirement System (PMRS) pursuant to Article IV of the Pennsylvania Municipal Retirement Law. In the ordinance Paradise Township is agreeing to be bound by all provisions of the Pennsylvania Municipal Retirement Law as amended and as applicable to member municipalities. Solicitor Prevoznik reported the amendment was necessary due to several Internal Revenue Service provisions approved by PMRS. The IRS requirements necessitated a new Intergovernmental Cooperation Agreement be passed with PMRS. At the hearing outset, Solicitor Prevoznik provided a sign-in sheet for public participation in the hearing. The sign-in sheet was marked as Exhibit 3. Supervisor Briglia testified on behalf of the Township. Supervisor Briglia introduced a Notice of Public Hearing and the Proof of Publication from the Pocono Record, which were marked respectively as Exhibits 1 and 2. Briglia stated that the proposed ordinance was sent to the Pocono Record, the Monroe County Law Library, posted on the municipal building front door, and posted to the Township’s web page. Briglia stated that the purpose of the proposed ordinance was to amend the existing Pension Plan to meet the IRS requirements. The Pension Plan, if amended, would now allow a participant of PMRS to retire, commence receipt of their benefit, and continue to work without further participation in the plan. The retiring member must be authorized by the Board of Supervisors to continue to work in order to take advantage of this provision. Briglia stated that another change to the plan would authorize a member to contribute twenty (20%) percent into the plan (increased from ten (10%) percent), with after tax contribution. Supervisor Briglia confirmed, upon questioning: 1) that Paradise Township will continue the sixty-five (65) working days probationary period for new employees prior to eligibility for the plan; 2) that a participant will become one hundred (100%) percent vested upon that five (5) or more years of service; 3) superannuation retirement pension date remains at age sixty-two (62) and five (5) years of service; 4) That if a participant retires early then the participant’s pension is actuarially reduced ; 5) that the plan requires a lump sum payment of retirement pensions if pensions amount is less than five thousand ($5,000.00) dollars; 6) and that years of service prior to original plan effective dates may not be included in the plan except for qualified military service.
Solicitor Prevoznik asked if the Supervisors had any questions. There were none. Solicitor Prevoznik asked if the public had any questions. There were none.
Motion: Gonze moved and seconded by Konrath to move the exhibits into evidence.
Motion carried 3-0.
Motion: Gonze moved to close the public hearing and reconvene the regular meeting.
Motion carried 3-0.
Motion: Gonze moved and seconded by Konrath to adopt proposed Ordinance 253 as advertised.
Konrath-aye, Gonze-aye, Briglia-abstained (Briglia stated that as an employee she would abstain, as she is a participant in the Pension Plan).
New Business
Budget Work Sessions
The Board discussed available dates for the budget work sessions.
Motion: Gonze moved and seconded by Konrath to advertise the budget work sessions for Tuesday, October 23, Wednesday, October 24 and Tuesday, October 30 at 9:00 a.m.
Motion carried 3-0.
Planning Commission Items
Brady stated that the Planning Commission meeting has been rescheduled to Thursday, September 20. Brady informed the Board that nuisance vehicles is on the planning commission agenda for discussion. Konrath requested that the Township ordinance regarding blasting and the sixty (60) day notice be reviewed. Mr. Unangst will look at the Department of Environmental Protection requirements and work with Brady on updating the Township’s ordinance.
Reports
Solicitor – Solicitor Prevoznik asked if there were any changes to the draft license agreement for access to the Paradise Lutheran and Presbyterian Church Cemetery. The Board stated that they have no changes. Solicitor Prevoznik stated that the closing for Pocono Mountain Bluestone property is scheduled for Thursday, October 20 at 10:00 a.m.
EAC/Open Space – Konrath asked if the Board had any questions on the EAC meeting minutes dated September 13. There were none. Konrath stated that the EAC has recommended looking at the nature parks at Ithaca, New York and at Nay Aug, Scranton. Konrath will look at the webpages for these parks. There was discussion on whether hunting would be permitted on the Pocono Mountain Bluestone property. No decision was made.
Engineer – Mr. Unangst submitted two notebooks for the Rehabilitation of Koerners Road Bridge over Devils Hole Creek prepared by Kobalt Construction which includes the maintenance bond.
Motion: Gonze moved and seconded by Konrath to accept the notebooks as submitted.
Motion carried 3-0.
Mr. Unangst submitted the fourth and final application for payment from Kobalt Construction for $16,635.50. Briglia stated that the contract amount total was $239,885.00 and the total project amount was $233,720.00.
Motion: Briglia moved and seconded by Gonze to approve the fourth and final payment to Kobalt Construction of $16,635.50.
Motion carried 3-0.
Correspondence/Miscellaneous
There was no correspondence/miscellaneous for tonight’s meeting.
Other Business/Public Comment
Salt Building Addition
Gonze stated that Mike Mader discussed with him an additional building by the salt shed storage buildings. Brady will discuss this with Mr. Unangst.
Trinity Hill Road
Gonze reported that on Trinity Hill Road there is double yellow lines where it is one-way. Briglia will bring this to Mader’s attention.
Route 191 Tunnel
Brady inquired when Route 191 would be closed for the tunnel repair project. Mr. Unangst will contact PennDOT for information.
Fee Schedule
Gonze inquired if the appeal fee for short-term rentals has been added to the Township’s fee schedule. Solicitor Prevoznik stated that this must be done by an ordinance not a resolution. Brady was instructed to draft a proposed ordinance for the appeal fee for short-term rentals.
Yard Sales
Gonze questioned if the permitted yard sales are being posted on the web page. Briglia stated that Brady was to prepare a paragraph for the web page stating that yard sale permits are required and that permitted yard sales would be placed on the Township’s web page. Briglia stated that there were no permitted yard sales for the weekend of September 8 and 9 or September 15 and 16.
Community Center
Konrath asked if the Township has received anything from the Community Center. Briglia stated that she has not.
Short Term Rentals
Konrath distributed an article from the Pocono Record regarding Pocono Township hiring a firm to track short-term rentals in Pocono Township.
Adjournment
Motion: Gonze moved and seconded by Konrath to adjourn the meeting at 7:17 p.m.
Motion carried 3-0.
Respectfully submitted,
Reda Briglia
Secretary