Board of Supervisors Meeting Minutes

PARADISE TOWNSHIP BOARD OF SUPERVISORS
REGULAR MEETING MINUTES
APRIL 20, 2020

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          Charles Unangst - Engineer
Reda Briglia - Supervisor           Tina Transue – Secretary

Pledge of Allegiance
Waived   
                             
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.”
Konrath stated that the meeting is being recorded for the limited purpose of preparing the official minutes.

Executive Session
Solicitor Prevoznik stated that there was an executive session held immediately before this meeting and the following was discussed:  i) litigation matter regarding an appeal before the Zoning Hearing Board; ii) contractual matters relating to the stream bank restoration and property acquisition; and iii) outstanding conditions for the PARC contract. No decisions were made.

Approval of Minutes
Motion: Briglia moved and seconded by Konrath to approve the March 16, 2020 Board of Supervisors regular business meeting minutes as presented.
Motion carried 3-0.


Motion: Gonze moved and seconded by Briglia to approve the March 27, 2020 Board of Supervisors emergency meeting minutes as presented.
Motion carried 3-0.

Motion: Gonze moved and seconded by Konrath to approve the April 3, 2020 Board of Supervisors teleconference meeting minutes as presented.
Motion carried 3-0.

Treasurer’s Report
Transue read the Treasurer’s Report. Transue stated that the dates associated with the payroll amounts in the accounts payable section were not correct. The dates and payroll amounts were listed as 01/22 - $19,469.61, 02/05 - $18,632.21, and 02/19 - $19,400.10. The correct dates for payroll are as follows: 03/18 - $19,469.61, 04/01 - $18,632.21 and 4/15 - $19,400.10.
Motion:  Gonze moved and seconded by Briglia to approve the April 20 Treasurer’s Report contingent on the corrected dates for payroll amounts being listed in the Accounts Payable section of the report.
Motion carried 3-0.

Unfinished Business
Salt Shed Mixing Building – Charles Unangst, Hanover Engineering stated that all conditions have been met to release payment #1 for the Salt Shed Mixing Building in the amount on $93,575.00 to Creekside Concrete Construction. Mr. Unangst also stated that Creekside Concrete Construction was sending in the application to Hanover Engineering for the final payment of $1,425.00 and that he would forward that to the Board when it is received.
Motion:  Gonze moved and seconded by Briglia to approve payment to Creekside Concrete Construction in the amount of $93,575.00 for the construction of the Salt Shed Mixing Building.
Motion carried 3-0.
2020 Peterbilt Truck Model 348 – Konrath stated that the Township received invoices for payment from Hunter Keystone Peterbilt for the 2020 Truck Model 348 in the amount of $94,026.00 and E.M. Kutz for the accessories for the 2020 Truck Model 348 in the amount of $76,375.00, however the truck has not yet been delivered to the Township for inspection due to the dealerships being shut down during the COVID-19 Pandemic.
Motion:  Gonze moved and seconded by Konrath to approve payment to Hunter Keystone Peterbilt for the 2020 Truck Model 348 in the amount of $94,026.00 and E.M. Kutz for the accessories for the 2020 Truck Model 348 in the amount of $76,375.00 contingent upon the satisfactory receipt of the truck and accessories.
Motion carried 3-0.

New Business
Emergency Declaration (Special Meeting 3/27) – Solicitor Prevoznik stated that there was no need to ratify the Emergency Declaration as it was an action taken at a special meeting that was advertised as such.
Resolution 01-2020 (sic Resolution 02-2020) (Emergency Meeting 4/3) – Solicitor Prevoznik stated that this meeting was advertised on the website and was for the purpose of passing Resolution 01-2020 (sic Resolution 02-2020). The purpose of the emergency meeting was for the Township to provide license suspension penalties for short-term rentals which were in violation of the action of Governor Wolf taken on April 1, 2020 wherein Governor Wolf removed short-term rentals from the possibility of being on the list of life sustaining businesses by clarifying that short-term rentals were prohibited from continuing physical operations. Solicitor Prevoznik explained that Resolution 01-2020 (sic Resolution 02-2020) was passed to suspend short-term rentals from operating in Paradise Township until such time as Governor Wolf’s Emergency Declaration is amended or lifted to allow short- term rentals to begin renting again.  Solicitor Prevoznik summarized the Resolution 012020 (sic Resolution 02-2020).
Motion: Gonze moved and seconded by Briglia to ratify Resolution 01-2020 (sic Resolution 02-2020) and also have Transue send a copy to all licensed Short-Term Rental operators in Paradise Township.
Motion carried 3-0.
Approval of Attorney Marc Wolfe’s request (Emergency Meeting 4/3) – Solicitor Prevoznik summarized Attorney Marc Wolfe’s request that the Board of Supervisors waive the filing of application in person with payment of fee at the time of submission of the application for a Zoning Hearing Board appeal.  Attorney Wolfe indicated that his client needs to file an appeal to a Zoning Officer determination in order to preserve the statute of limitations of said appeal. Attorney Wolfe filed his clients’ appeal by email and sent a copy of the check for the filing fees but he did not include the waiver of the time frames in which to hold the hearing. Attorney Wolfe stated that he would follow through with filing a waiver. Solicitor Prevoznik suggested a waiver with a time frame out to July 31, 2020 due to the Zoning Hearing Board meetings are held on the fourth Thursday of the month.
Motion: Gonze moved and seconded by Briglia to approve Attorney Wolfe’s clients’ appeal as timely filed via email and he submits payment at a later time subject to Attorney Wolfe providing the Township the waiver of time until July 31, 2020.
Motion carried 3-0.
Resolution of Case Docketed at No. 5182 Civil 2019 (Emergency Meeting 4/3) – Solicitor Prevoznik summarized the actions taken by the Board at the emergency meeting in regards to working with Zoning Hearing Officer and the former Zoning Hearing Officer on the resolution of the Amended Court Order in the matter of Paradise Township v. Linghang Ying, 131 Williams Road, Cresco, PA. The Board discussed the best practice to come to a resolution of this case. Solicitor Prevoznik stated that the Court Order could be satisfied by stipulating as part of their Short-Term Rental permit that interior rooms that did not have a secondary ingress could not be used as bedrooms.
Motion: Gonze moved and seconded by Briglia that the Court Order can be satisfied contingent upon a stipulation by Mr. Ying being placed as a condition of his permit that no interior rooms in the property without a secondary ingress may be utilized as a bedroom in satisfaction of condition no. 3 of the Amended Court Order, of July 16, 2019.
Motion carried 3-0.
Road Materials Bid Ad – Konrath stated that the Board would need to ratify the publishing of the advertisement for the Road Materials Bid. The ad was published in the Pocono Record on April 13 and April 20, 2020.
Motion: Briglia moved and seconded by Gonze to ratify the publishing of the advertisement for the Road Materials Bid which was published in the Pocono Record on April 13 and April 20, 2020.
Motion carried 3-0.
Road Paving Bid Ad – Konrath stated that the Board would need to ratify the publishing of the advertisement for the Road Paving Bid. The ad was published in the Pocono Record on April 13 and April 20, 2020.
Motion: Briglia moved and seconded by Gonze to ratify the publishing of the advertisement for the Road Paving Bid which was published in the Pocono Record on April 13 and April 20, 2020.
Motion carried 3-0.

Other Business/Public Comment
None.

Reports
Solicitor – Solicitor Prevoznik stated that there was discussion with the Township Auditor Ellen Gnandt regarding PMRS not providing the pension information needed to complete the audit in its entirety. The Board discussed whether to instruct Ms. Gnandt to complete the audit without the PMRS figures and make a note on the audit that the numbers were not available at the time the audit was finalized or to hold the audit until those numbers became available from PMRS.
Motion: Briglia moved and seconded by Gonze to have Transue contact the Auditor Ellen Gnandt to instruct her to have the audit finalized without the PMRS pension information with a note stating the numbers were not available on the audit. Ms. Gnandt is to have the audit completed for review for the second Board meeting in May which will be held on May 18, 2020.
Motion carried 3-0.
Solicitor Prevoznik stated that he had a teleconference with Gonze and Jason Smith, Hanover Engineering regarding the Mt. Airy Greenway Monitoring Plan. Solicitor Prevoznik stated that Mr. Smith would be forwarding to the Supervisors a letter with his review comments of Mt. Airy Casino & Resort’s Greenway Monitoring Report from 2019. Solicitor Prevoznik also stated that Mr. Smith would need to inspect the Riparian Buffers to confirm they were installed and growing in compliance with the plan.
Motion: Gonze moved and seconded by Briglia to authorize Jason Smith, Hanover Engineering to inspect the Riparian Buffers at Mt. Airy to confirm they are in compliance with the plan.
Motion carried 3-0.

Engineer – Mr. Unangst stated he had not been working on Planning Commission items since the COVID-19 Pandemic began and social distancing was implemented.

Correspondence/Miscellaneous
None.

Other Business/Public Comment
Emergency Declaration – The Board discussed extending the Emergency Declaration’s expiration from May 4, 2020 at 9:00 p.m. until May 31, 2020. The Board also discussed measures for safe return to work policies.
Motion: Briglia moved and seconded by Gonze to extend the Emergency Declaration declared on March 27, 2020 until May 31, 2020.
Motion carried 3-0.
Juergens Appeal/ZHB – Solicitor Prevoznik stated there would need to be an alternate Attorney for the Zoning Hearing Board Attorney Aaron DeAngelo as an associate from his law firm is representing the Juergens. The Board discussed contacting Attorney Joseph McDonald to represent the Zoning Hearing Board for the upcoming Zoning Hearing Board hearing with the Juergens.
Motion: Briglia moved and seconded by Gonze to authorize Solicitor Prevoznik to contact Attorney McDonald regarding representing the Zoning Hearing Board at the hearing with the Juergens.
Motion carried 3-0.

Adjournment
Motion:  Gonze moved and seconded by Briglia to adjourn the meeting at 6:51 p.m.
Motion carried 3-0.

Respectfully submitted,

Tina Transue
Secretary


***Per Solicitor Prevoznik: This as written is correct but Tina has indicated that there was a Resolution 01-2020 already and that this Resolution should be Resolution 02-2020.  I added the words “sic Resolution 02-2020” next to the five mentions of Resolution 01-2020.