Board of Supervisors Business Meeting Minutes
PARADISE TOWNSHIP BOARD OF SUPERVISORS
REGULAR MEETING MINUTES
AUGUST 6, 2018
Call to Order
Chair Konrath called the meeting to order at 6:00 p.m.
Roll Call
Officials Present:
Gary Konrath – Chair John C. Prevoznik – Solicitor
Peter Gonze – Vice Chair Debra Brady – Zoning Officer
Reda Briglia – Secretary-Treasurer Michael Mader – Roadmaster
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 July 16, 2018 Board of Supervisors meeting minutes as presented.
Motion carried 3-0.
Motion: Gonze moved and seconded by Konrath to approve the July 16, 2018 Board of Supervisors Joint Special meeting minutes as presented.
Motion carried 3-0.
Work Session Items
Audit
The Board reviewed the 2017 audit with Ellen Gnandt, CPA, at the work session earlier this evening.
Motion: Gonze moved and seconded by Konrath to approve the 2017 audit contingent on the management letter being executed.
Motion carried 3-0.
Friendly Community Center
The Board reviewed the current agreement with the Friendly Community Center (FCC) with members of the FCC Board at the work session earlier this evening. The FCC has requested that a review of the financial statements be accepted by the Township in lieu of an audit. The Board requested that the FCC draft an addendum for the Township’s review.
Motion: Briglia moved and seconded by Gonze to have Solicitor Prevoznik review the addendum when submitted to the Township from the FCC.
Motion carried 3-0.
Unfinished Business
Pennsylvania Municipal Retirement System (PMRS) Proposed Ordinance
Solicitor Prevoznik stated that he has reviewed the proposed ordinance submitted by PMRS based on the discussions between PMRS and the Board. Solicitor Prevoznik stated that the proposed ordinance reflects the changes as discussed. Solicitor Prevoznik stated that a public hearing would need to be scheduled.
Motion: Briglia moved and seconded by Gonze to schedule the public hearing for the proposed PMRS ordinance for September 17 at 6:30 p.m.
Motion carried 3-0.
Cemetery
Konrath reported that the owners of the property beside the abandoned cemetery on Red Rock Road are not interested in giving a permanent easement to the Township for access to the cemetery. Solicitor Prevoznik recommended that a license agreement be discussed with the owners that could be withdrawn with a 90-day notice. Konrath will work with Solicitor Prevoznik on a description for a license agreement to present to the owners for consideration.
New Business
Department of Environmental Protection (DEP) Cranberry and Paradise Creek Redesignation
Konrath summarized the notification letters of the open public comment period received from the DEP notifying the Township that Cranberry Creek and Paradise Creek are being considered for redesignation to Exceptional Value from High Quality – Cold Water Fisheries. Konrath stated that any comments are due to DEP by August 13, 2018. The Board agreed that the redesignation is consistent with the Township’s Comprehensive Plan.
Motion: Konrath moved and seconded by Gonze to submit a letter to the DEP stating that the redesignation is consistent with the Township’s Comprehensive Plan.
Motion carried 3-0.
Jake Brakes
Konrath stated that the Township has been requested to post prohibition of use of brake retarders (jake brakes) signs on Route 191 coming down towards the Route 191 and Route 940 intersection. Hanover Engineering has reviewed the request and informed the Board that the prohibition of brake retarders must be approved by PennDOT and must meet certain criteria. PennDOT criteria states that the average downhill grade does not exceed 4 percent within any 500-foot section of highway (i.e., the change elevation of the road is never greater than 20 feet in any 500-foot section of a downhill). Hanover Engineering has provided the Township with the elevations of Route 191 and an email stating that PennDOT will not allow the prohibition of brake retarders north of the third or fourth house on Route 191 past the Crescent Lodge Property.
Motion: Gonze moved and seconded by Konrath to inform the requestor that per the PennDOT regulations that prohibition of the use of brake retarders on Route 191 does not meet the requirements for such signs and to attach the documentation from Hanover Engineering to the minutes.
Motion carried 3-0.
Route 191 and Browns Hill Road
Briglia stated that Senator Scavello called the Township on July 23 and requested that the Township submit a multi-modal grant for the intersection of Route 191 and Browns Hill Road. Briglia stated that the multi-modal grant was due on July 31 and that it was impossible to submit a grant within one week and that further information would be needed before a grant could be submitted. Briglia recommended that this be added to the Township’s “To Do List” for further consideration. The Board agreed.
E-Mails
Konrath summarized the email from Jason Farr, Supertech360, regarding the loss of email. Supertech360 informed the Township that their email host had a data center fire and therefore all email was lost. Supertech360 has restored the email with Microsoft Exchange 360 and has verified that the host engineers have the proper redundancy to avoid such a failure in the future. Briglia asked if she should submit an insurance claim. This will be followed up on when Supertech360’s invoices are received.
Public Hearing – Murray Property
Motion: Konrath moved and seconded by Briglia to recess the regular meeting and convene the public hearing.
Motion carried 3-0.
Konrath stated that the public hearing was advertised in the Pocono Record on July 25. Solicitor Prevoznik stated that the public hearing was advertised to consider passing a resolution to purchase, with dedicated open space funds, approximately 4.98 acres, more or less, of vacant land located in Paradise Township to be held as Open Space (See Exhibit 1). Solicitor Prevoznik summarized the Resolution 03-2018 (See Exhibit 2). There was no public comment.
Motion: Gonze moved and seconded by Konrath to move the advertisement into evidence.
Motion carried 3-0.
Motion: Briglia moved and seconded by Konrath to reconvene the regular meeting.
Motion carried 3-0.
Motion: Gonze moved and seconded by Konrath to adopt Resolution 03-2018 as submitted.
Motion carried 3-0.
New Business (Continued)
Short-Term Rental – Appeals Fee
Brady stated that an appeals fee for short-term rental denials was not included in the current fee schedule. Solicitor Prevoznik stated that the fee schedule ordinance would need to be updated to include the short-term rental denial fee. The Board discussed the amount of the fee and decided that the fee should be $500.00 to cover the cost. Brady will draft a proposed ordinance for review.
ESU Outlook Summit
Briglia stated that the Planning Commission members received invitations to the ESU Outlook Summit and that the cost is $40.00. Briglia stated that Mr. Unangst stated that he would be attending the summit. Solicitor Prevoznik stated that he would also be attending. The Board agreed that the invitations should be given to the Planning Commission with the understanding that one member can attend and be paid for by the Township.
Fall Clean-Up Ad – Ratify Advertising
Briglia stated that she placed the fall clean-up in the Pocono Record for today and again on August 13.
Motion: Konrath moved and seconded by Gonze to ratify placing the fall clean-up ad in the Pocono Record.
Motion carried 3-0.
Reports
Solicitor – Solicitor Prevoznik stated that he has an executive session item. Solicitor Prevoznik stated that he reviewed the indemnity agreement from Pennsylvania One Cal System, Inc. that the Township would need to sign to participate in the member mapping program. Mader explained that any excavation work being done in the Township requires him to respond to Pa. One Call System tickets at this time, by participating in the member mapping program, the Township would not need to respond to every ticket if no Township facilities are located within the work area. Solicitor Prevoznik stated that Pa. One Call System is protected from liability by law and that there should be no need for an indemnity agreement. Briglia will draft a letter for Solicitor Prevoznik’s review regarding the indemnity agreement. Solicitor Prevoznik stated that he has also worked with Brady on the proposed fireworks ordinance and fire escrow ordinance. Solicitor Prevoznik reminded the Board that the Greenway Monitoring Report for 2017 still needs to be approved. Briglia will follow-up with Jason Smith at Hanover Engineering on the matrix for the Greenway Monitoring Report. Solicitor Prevoznik inquired if the monthly matrix from Mt. Airy #1, LLC has been received. Briglia stated that it has not been received. Kathryn FitzGerald was present and stated that the Brodhead Watershed Association has been monitoring the Forest Hills Run as it leaves the Mt. Airy property and stated that the water temperature is higher than it should be. Briglia confirmed that she has not received Mt. Airy’s Forest Hills Run stream data for July.
Roadmaster – Mader summarized his report.
Zoning Officer – Brady summarized her report. Brady also submitted an updated permit manager report showing active permits. Gonze requested that Brady color code the report in the future showing what permits have expired or extended.
Engineer – Mr. Unangst was not present. Briglia stated that Mr. Unangst sent an email today stating that the Koerners Road Bridge rehabilitation project is on schedule.
Sewage Enforcement Officer – Konrath summarized the SEO report. It was noted that there are no current Discharge Monitoring Reports for Monsignor McHugh and Mt. Airy Casino and Resort.
PARC – Briglia stated that PARC met for their monthly meeting. Briglia stated that all permit applications have been submitted to the Monroe County Conservation District for Phase 1B of Seven Pines Park.
Pocono Mountain Regional Emergency Medical Services (PMREMS) – Gonze summarized the letter from PMREMS requesting a donation of $5,000.00 for matching funds for a $205,000.00 federal grant received by PMREMS to purchase four power stretchers and 4 power load systems.
Motion: Briglia moved and seconded by Gonze to make a donation of $5,000.00 to PMREMS from the Local Service Tax Fund.
Motion carried 3-0.
Correspondence/Miscellaneous
Timber Hill Community Response Letter
Konrath summarized the letter from Timber Hill Community regarding the burned out structure at 308 Sugarbush Road. Timber Hill Community Association letter states that since the property is up for sheriff’s sale that their position is that Monroe County is the responsible person. Briglia was asked to find out the date of the sheriff’s sale.
Other Business/Public Comment
Gonze stated that he has reviewed the year-to-date budget for 2018 and the year-to-date comparison budget from January through June. Gonze stated that despite some variances on individual line items, it appears that for the full year budget including revenue and expenses will be on target.
Executive Session
Motion: Briglia moved and seconded by Gonze to recess the regular meeting and go into an executive session.
Motion carried 3-0.
Motion: Briglia moved and seconded by Gonze to reconvene the regular meeting. Solicitor Prevoznik stated that real estate was discussed in executive session and that no decisions were made.
Motion carried 3-0.
The Board discussed the purchase of real estate for open space.
Motion: Konrath moved and seconded by Gonze to enter into the agreement of sale for the Pocono Mountain Bluestone property for open space and to make the deposit of $30,000.00 payable to Pocono Property Abstract as the escrow agent and to purchase the property with open space funds.
Call to vote: Gonze –aye, Konrath-aye, Briglia-nay.
Adjournment
Motion: Gonze moved and seconded by Konrath to adjourn the meeting at 7:58 p.m.
Motion carried 3-0.
Respectfully submitted,
Reda Briglia
Secretary