Board of Supervisors Business Meeting Minutes
PARADISE TOWNSHIP BOARD OF SUPERVISORS
REGULAR MEETING MINUTES
AUGUST 17, 2020
Call to Order
Chair Konrath called the meeting to order at 6:03 p.m.
Konrath read the public comment statement “To meet the requirements established by the Office of Open records for virtual meetings, this meeting shall be audio and video recorded via GoToMeeting.com from the initial announcement of the meeting till its end with the exception of the executive session if any, which shall not be recorded. 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 we will also watch for you on chat, and you will be recognized.”
Roll Call
Officials Present:
Gary Konrath – Chair John C. Prevoznik – Solicitor
Peter Gonze – Vice Chair Charles Unangst - Engineer
Reda Briglia - Supervisor Tina Transue – Secretary
Pledge of Allegiance
Waived
Approval of Minutes
Motion: Briglia moved and seconded by Gonze to approve the August 3, 2020 Board of Supervisors regular business meeting minutes as presented.
Motion carried 3-0.
Treasurer’s Report
Transue read the Treasurer’s Report.
Motion: Gonze moved and seconded by Briglia to approve the August 17 Treasurer’s Report.
Motion carried 3-0.
Executive Session
Solicitor Prevoznik stated that there was an executive session held immediately before this meeting and the following was discussed: i) a potential litigation regarding a hiring issue; ii) a potential litigation issue involving the cutting back of bushes on possibly private property; and iii) a potential litigation issue regarding damage to a vehicle while the Township was line painting. No decisions were made.
Unfinished Business
Mount Airy/Traffic Impact Study – Solicitor Prevoznik explained Resolution 07-2020 was drafted to give a time extension to Mount Airy Casino to complete a traffic impact study that was included in Mount Airy’s conditional use decision and order to be completed by September 30, 2019 with all remedial measures to be completed no later than May 1, 2020. Mount Airy requested an extension to perform the traffic impact study until September 30, 2021. Under the conditional use decision, the Board of Supervisors could extend the time frame to complete the traffic impact study and any remediations. The Resolution authorizes Mount Airy to extend the time for a Traffic Planning and Design to submit a traffic analysis/report to no later than September 30, 2021 with all remedial measures recommended in the report to be completed no later than May 1, 2022. Mount Airy may request, under the Resolution, an additional extension if the extension is due to its business operations being closed/limited as a result of the COVID-19 Pandemic.
Motion: Gonze moved and seconded by Briglia to approve Resolution 07-2020, a copy of which shall be attached to the Minutes.
Motion carried 3-0.
New Business
RGC Development/Turn Back ½ acre to Township – Michael and Chris Ciccone were present by telephone on behalf of Robert Ciccone, RGC Development to explain to the Board that Robert Ciccone owns a piece of property on Montenesca Road consisting of 0.5 acres. RGC Development had plans to build a development in that area; however, the larger piece of property they were to build on was taken by Mount Pocono Sewer Authority as part of an eminent domain proceeding. RGC Development was left with a 0.5 acre piece for which it no longer has a purpose. The Board gave Michael and Chris options as to what they may do with the piece of property. Konrath stated that he would go out to the property with Roadmaster Mader to see if the Township would be interested in accepting assignment of the property if the Ciccone’s wanted to turn it back to the Township.
Motion: Gonze moved and seconded by Briglia to table the discussion about the 0.5 acre piece of property on Montenesca Road owned by Robert Ciccone until further research can be done.
Motion carried 3-0.
Fall Clean Up Advertisement - Transue stated that she placed the ad in the Pocono Record for fall Clean Up on August 13 and 18.
Motion: Gonze moved and seconded by Briglia to ratify placing of the ad for Fall Clean Up.
Motion carried 3-0.
Planning Commission Items
Terry Martin/Paradise Plaza – Costanzo Property – Terry Martin was present by telephone on behalf of Jayne and Daniel Costanzo. Mr. Martin explained to the Board that the Costanzo family owns property known as Paradise Plaza. At this time, there is a pending agreement of sale for the property; however, there is a zoning issue regarding a change of use approval for the warehouse building on the property. Mr. Martin summed up the history of the property regarding the past usage. Mr. Martin explained that he, on behalf of the Costanzo’s, went in front of the Planning Commission at their August 11, 2020 meeting to seek a waiver of the requirement to submit plans and to obtain land development approvals for the property of Daniel and Jayne Costanzo located at 6183 and 6185 Route 191. The Planning Commission recommended to the Board of Supervisors not to approve the waiver for Land Development. The Planning Commission further advised Costanzo’s that they should go to the Board of Supervisors to request the waiver but that they should provide additional information to aid the Supervisors in understanding the request for waiver they were seeking which would include (i) a copy of a Certificate of Occupancy for the change of use from when it was changed to the YMCA which occupancy permit includes zoning permit Z-70-98; (ii) a plan detailing how much impervious surface is currently on the site; (iii) provide any written record which may exist that a Supervisor’s decision waived the requirement of a Land or Site Development plan in 1998; (iv) a copy of a PennDOT low volume driveway permit; (v) a copy of the L&I permit for the building at the time of conversion in 1998; (vi) any copies of zoning permits which were issued for the Change of Use for the rear building when Costanzo’s changed their use from an accessory building to an office/storefront; (vii) a copy of the sewage permit; (viii) a copy of the sewage readings; and (ix) a copy of the tax assessors card showing when the various buildings were constructed and how they are categorized. Costanzo’s supplied many of the documents listed but were unable to show any zoning permits or any official action approving the change of use for the accessory building or waiving the requirements for a land development plan. A 1998 zoning letter informing Costanzo’s of the need to file for a land development plan in order to change the use. This letter was never followed up upon by the Costanzo’s.
After discussion, Solicitor Prevoznik recommended that the Costanzo’s submit a land development plan and if waivers are needed it could be reviewed at that time.
Motion: Konrath moved and seconded by Gonze to deny a waiver of the requirement of a land development plan and a stormwater plan as requested by Costanzo’s for the property of 6183 and 6185 Route 191.
Motion carried 3-0. Attorney Prevoznik was instructed to write a letter on behalf of the Township to notify the Costanzo’s of the denial of their waiver request.
Outdoor Lighting/Request Assistance in Drafting Ordinance – Konrath stated that the Planning Commission has a draft ordinance for Outdoor Lighting and is asking the Board for help in having an outside source write the ordinance. The Board discussed reviewing the ordinance and along with the Planning Commission having a final draft prior to having an outside source write the final copy.
Reports
Solicitor – Solicitor Prevoznik stated that he reached out to Mount Airy in response to their request to reduce a bond held by the Township but he has not received an answer from Mount Airy. Solicitor Prevoznik stated that the bond covered several projects and Mount Airy would have to notify the Township as to the status of each project in order to have a better understanding of whether or not the bond could be lowered or terminated.
Engineer – Mr. Unangst stated that he met with Mike Mader at the existing Tank Creek culvert crossing at Devils Hole Road to inspect the edge of the roadway which is deteriorating. The Board discussed putting this in the budget for next year for repairs.
Mr. Unangst stated he has not been contacted with anyone in regard to the Juergens Zoning Hearing Board hearing. Solicitor Prevoznik asked Transue to forward a Professional Services agreement to Mr. Unangst for fee amounts and then forward to Solicitor Prevoznik who will send it to Attorney Wolfe.
Solicitor Prevoznik and Mr. Unangst discussed a bond requirement for timber harvesting as requested by the Shawn McGlynn, Paradise Township Zoning Officer. It was discussed that a bond could not be required unless the Township performed a study on the roadway for weight limit restrictions. The Board also discussed that it should be taking pictures/video before a timber harvest began as well as after it ended so as to determine whether the road had been damaged by the logging company which, in turn, would allow the Township to turn in a damage claim to the logging company’s insurance.
Correspondence/Miscellaneous
Gonze reported that he attended the Mt Pocono Fire Company’s monthly business meeting to present the $20,000.00 additional appropriation check to them and stated that the members were very appreciative of the donation.
Gonze stated that Pocono Mountain EMS was doing a reorganization of staff due to the resignation of Mark Lemley. PMREMS has created a new position of Operations Managers.
Gonze also reported that PMREMS’ call volume has come up significantly since April and May; however, it is not at the level they were at this time last year. PMREMS has also resumed the non-emergency transports.
Konrath stated that the seasonal workers would be finished working for the season on August 21, 2020. Konrath further stated that the open space properties were all in good shape at this point.
Other Business/Public Comment
Adjournment
Motion: Briglia moved and seconded by Gonze to adjourn the meeting at 7:11 p.m.
Motion carried 3-0.
Respectfully submitted,
Tina Transue
Secretary