b. PMRP 2019 Uniform & Non- Uniform MMOmountpocono-pa.gov/wp-content/uploads/2018/11/Council... · 2018-11-04 · MOUNT POCONO BOROUGH COUNCIL REGULAR MEETING MINUTES MONDAY, OCTOBER

MOUNT POCONO BOROUGH REGULAR MEETING AGENDA MONDAY, NOVEMBER 5, 2018

7:00 P.M.

1. Call to Order Pledge of Allegiance

2. Preliminary Announcements: 3. Approval of Minutes: a. Regular Meeting of Monday, October 1, 2018 4. Officer’s Reports:

a. President b. Mayor: Land Banks & Blight c. Secretary/Treasurer d. Zoning Officer e. Solicitor

5. Persons to be Heard: Shawky Darwish, Junior Councilmember

Mike Oser

6. Unfinished Business: a. Action Items List b. Proposed Amendment to Bed & Breakfast Ordinance

7. New Business: a. PA DOT Traffic Signal Approval Resolutions #5-8 b. PMRP 2019 Uniform & Non- Uniform MMO

c. Shopping Cart Ordinance 8. Standing Committees:

a. Junior Councilmember Report: Shawky Nabil Darwish, Kristina Rinaldi b. Planning: D. Casole, C. Williams, T. Ford, M. Penn c. Dept. of Public Works: C. Williams, F. O’Boyle, D. Casole, M. Penn d. Utilities: M. Hensel, A. Montanez, F. O’Boyle e. Water: D. Casole, S. Stewart-Keeler, A. Montanez f. Recreation: S. Stewart-Keeler, C. Williams, T. Ford g. Sanitation: A. Montanez, M. Hensel, S. Stewart-Keeler, M. Penn h. Buildings: F. O’Boyle, M. Hensel, D. Casole, M. Penn i. Budget & Finance: C. Williams, F. O’Boyle, M. Hensel, M. Penn j. Personnel: C. Williams, F. O’Boyle, M. Hensel, M. Penn k. Regional Police/EMS: C. Williams, M. Penn l. COG: L. Noonan, F. O’Boyle, C. Williams

9. Public Participation

10. Adjourn Check out our NEW & IMPROVED WEB Site @ www.mountpocono-pa.gov

http://www.mountpocono-pa.gov/

MOUNT POCONO BOROUGH COUNCIL

REGULAR MEETING MINUTES

MONDAY, OCTOBER 1, 2018

7:00 P.M.

Page 1 of 10

President C. Williams opened the Regular Meeting at 7:00 P.M. with the following members present: Vice President F.

O’Boyle Councilmembers; D. Casole; T. Ford; M. Hensel; S. Stewart-Keeler; and, A. Montanez. Solicitor J. Fareri,

Borough Secretary/ Treasurer L. Noonan, Zoning/Codes Enforcement Officer D. Noonan and Borough Engineer C.

Niclaus were also present.

Junior Councilmembers S. Darwish and K. Rinaldi were absent.

The Pledge of Allegiance was said by all.

PRELIMINARY ANNOUNCEMENTS

None

APPROVAL OF MINUTES

Councilmember M. Hensel moved to accept the Public Hearing minutes of Tuesday, September 4, 2018, as presented.

Councilmember T. Ford seconded. Motion carried unanimously.

Councilmember T. Ford moved to accept the Regular Meeting minutes of Tuesday, September 4, 2018, as presented.

Councilmember M. Hensel seconded. Motion carried unanimously.

OFFICERS’ REPORTS

PRESIDENT/ MAYOR

President C. Williams welcomed new businesses into the Borough and stated that the Borough Council welcomes any new

business into the Borough and she looks forward to tonight’s presentations.

TREASURER’S REPORT

A current cash report was given as follows:

GENERAL FUND CHECKING ACCOUNT $ 301,983.17

PENN SECURITY GENERAL FUND ACCOUNT 6,311.36

CAPITAL RESERVE ACCOUNT 1,281.99

BANNER BEAUTIFICATION ACCOUNT 3,145.30

STATE LIQUID FUELS 61,388.03

PARK & RECREATION FUND 871.83

PLANNING COMMISSION REIMB. FUND 9,759.67

ROAD FUND – GENERAL FUND 110,023.48

STORMWATER FUND 67,746.92

GENERAL FUND RESERVE ACCOUNT 1,108.18

SANITATION FUND 8,430.14

INTERSECTION& SIGNALIZATION FUND 444,750.95

GRAND TOTAL $ 1,016,801.02

Councilmember D. Casole moved to pay and approve the bills as outlined in the Treasurer’s Report dated Monday

October 1,2018, as presented. Councilmember T. Ford seconded. Motion carried unanimously.

BILLS TO BE PAID FROM THE GENERAL FUND CHECKING ACCOUNT:

ACE Hardware (hay, street mark paint, pipe) $ 276.29

AMTrust North American (workers comp) 3,199.00

Barry Isett & Associates (engineer – Hirshland) 1,623.56*

Bill Beekman Plumbing (oil burners cleaned/serviced @ maint) 465.00




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Berkheimer Associates (LST Commission) $ 277.26

Blue Ridge Communications (phones) 415.31

Cintas (uniforms & rugs) 415.76

Cyphers Truck Parts (tarp for #5 2012 Pete) 50.12

Ehrlich (pest control) 92.00

FNB Visa (shop tools, supplies, boro supplies) 237.15

Gleco Paint (paint for stop bars) 260.97

H. Clark Connor (PC Solicitor – September) 765.00

Highmark Blue Shield (health insurance) 7,612.91

Monroe County Control Center (4th Quarter) 694.23

Newman, Williams, Mishkin (1/2 retainer & Hirshland) 10,285.00

Dennis M. Noonan (mileage reimbursement 3/18 – 9/20/18) 349.89

Panko Reporting (public hearing) 155.00

PA American Water (boro bldg., hydrants & maint garage) 771.63

Payrolls Unlimited (September) 94.00

PA Paper & Supply (garbage liners) 73.78

PSAB Pension (non-uniform pension state aid) 28,103.47

Pocono Mountain Regional Police (October Mortgage Payment) 2,792.12

PM Vol. Fire Relief Association (fire relief allocation) 16,495.30

PM Public Library (One Mill dedicated RE Taxes) 70.95

PM Vol. Fire Co. (one mill RE Taxes) 70.95

PM Regional EMS (1/2 mill dedicated RE taxes) 35.47

Quill (office supplies) 69.00

Scott’s Signs (plaque) 106.95

Selective Insurance (insurances) 2,820.00

Sunoco (gas/diesel) 684.31

Thyssenkrupp Elevator (service) 182.31

Tulpehocken Spring Water (bottled water) 61.00

Tu-Way Communications (radio for SUV) 1,346.50

Uline (bathroom air fresheners) 102.96

Verizon Wireless (cell phones) 138.38

Walmart (maint. Supplies) 28.79

GRAND TOTAL $ 81,222.32

*Reimbursable

BILLS TO BE PAID FROM THE INTERSECTION FUND:

Signal Service, Inc. (repair @ SR940 & Industrial) $ 693.75

BILLS ALREADY PAID FROM THE GENERAL FUND CHECKING ACCOUNT:

Mt Pocono Payroll (w/e 09/05/18) $ 6,986.03

Mt Pocono Payroll (w/e 09/12/18) 7,168.36



US Bank (copier lease) 268.75

ESSA (loan payment) 2,309.20

Commonwealth Financing Auth (LSA Grant Submission Fee) 100.00

Met Life (life/disability insurance) 366.21





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BILLS TO BE PAID FROM THE LIQUID FUELS ACCOUNT:

Lehigh Hanson (blacktop) $1,088.69

PP&L (traffic signals) 2,393.20

Reliable Sign (signs & posts) 468.00


ZONING/CODES ENFORCEMENT OFFICER

Zoning/ Codes Enforcement Officer D. Noonan reviewed the following report:

Permits / Certificates Issued (9/4 to 9/28):

Fence – 1

Roof Permits – 7

Driveway – 3

Deck – 1

Solar Panels – 1

Fees (7/2 to 8/3): $1,178.85

Rental Inspections: 2

Additional Work / Activities:

• Attended 9/4 Council meeting.

• Attended 9/17 Council work session.

• Attended 9/19 PC meeting.

• Attended Short-Term Rental meeting at Realtors Association.

• Fee schedule review / revisions.

• Monitored Bracey property demolition project.

Zoning/ Codes Enforcement Officer D. Noonan also advised Borough Council that the matter with Borough resident

James Moore of 5 Seneca Drive has been reviewed by the Borough’s Alternate Solicitor H. C. Connor and Solicitor H. C

Connor has responded to Mr. Moore by letter.

Mayor Vacancy Appointment

President C. Williams stated at this time the Borough Council will fill the Mayor’s Vacancy.

Councilmember T. Ford nominated Councilmember M. Hensel.

Councilmember D. Casole nominated Mr. Michael Penn.

The roll call vote for Matt Hensel was as follows: Councilmember D. Casole, “No”; Vice President F. O’Boyle, “No”;

Councilmember S. Stewart-Keeler, “No; Councilmember A. Montanez, “No”; Councilmember T. Ford, “Yes”;

Councilmember M. Hensel, abstained. Motion denied 4 – 1.

The roll call vote for Michael Penn was as follows: Councilmember D. Casole, “Yes”; Vice President F. O’Boyle, “Yes”;

Councilmember S. Stewart-Keeler, “Yes”; Councilmember A. Montanez, “Yes”; Councilmember T. Ford, “Yes”;

Councilmember M. Hensel, abstained. Motion carried 5 with one abstention.

At this time, Borough Secretary/ Treasurer L. Noonan administered the oath of office to Michael Penn as Mayor of Mount

Pocono Borough.




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PERSONS TO BE HEARD

Hirshland Amended Land Development Plan

Mr. Rob Lewis, Attorney and Cornelius Brown of Bohler Engineering were present on behalf of the Applicant, Hirshland

Land Development Plan.

Solicitor J. Fareri stated that he requested that the Borough Engineer put onto one (1) sheet the outstanding

items which he has done.

Borough Council reviewed the following outstanding items and recommended conditions from the Borough

Engineer:

Outstanding Items:

The Owner’s Certificate on Sheet 1 should be executed, and the Borough should receive on file a record of the

Equitable Ownership presented before granting a Conditional Approval.

A written waiver request must still be submitted and approved by Borough Council for the islands above the

underground detention system. A verbal waiver has been recommended.

Conditions:

1. Floor plans and parking calculations demonstrating that adequate parking is available will have to be

provided prior to issuance of building permits. The Ordinance in effect at the time of this original

proposed project also includes a requirement for one parking space per employee on the peak shift. This

needs to be added to the Site Plan, Sheet 3.

2. Specific uses will have to comply with the sizes needed when tenants are known during the building

permit application.

3. As a result of the Rt. 940 Storm Basin revisions, the Landscape Plan was revised. This resulted in a

decrease from 1168 to 1095 units of evergreen shrubs. Council may wish to have this explained. Also,

the general note concerning discrepancies should be revised to: If any discrepancies occur between

amounts shown in the plan and the plant list, Borough Ordinance requirements shall dictate which

amount is adequate.

4. Light levels shall be reduced, where appropriate, to address (216-351(6) (d) and (l) requirements when

building permits are applied for. Lights not shown on the plans such as building mount and canopy

lighting, as well as all actual fixtures different than the plans, shall be IESNA compliant and be

approved by the Borough.

5. It is recommended that the fencing in the PennDOT r.o.w. be removed from the swale to the west of the

basin if peak storm events result in less than two feet of standing water in the swale. This can be

accomplished by reducing the diameter of the pipe and raising the upstream invert of the swale discharge

pipe. It is not recommended that the Borough become an applicant for the construction and

maintenance of this fence. Also, the Borough shall review all changes relative to PennDOT and NPDES

permitting which has not been completed.

6. There should be an acknowledgement/recommendation added to the Permeability Report of March 28,

2006 and/or a certification on the plan that the Stormwater systems are suitable for the rock conditions

encountered.

7. Receipt of permit or approved plans from PAWC for Water Service.

8. Receipt of permit or approved plans from MPMA for Sewer Service.

9. Receipt of permit or approved plans from PA DEP for Wetlands fill.

10. Receipt of permit or approved plans from PA DEP. The Borough shall also be notified of any material

changes to the plan resultant of the PA DEP review for approval by the Borough.

11. Receipt of permit or approved plans from PennDOT. The Borough shall also be notified of any material

changes to the plan resultant of the PennDOT review for approval by the Borough.




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12. A Developer’s Agreement, Improvement Construction and Guarantees and Open Land provisions are

required per Article V of the Subdivision and Land Development Ordinance, Chapter 187.

After a review of the conditions & plans, Councilmember T. Ford moved to accept the Hirshland Amended Land

Development Plans with the conditions as outlined in the Borough Engineer’s letter (above) dated September 24, 2018,

provided that it is signed by the Applicant. This motion also accepts the waiver request for the islands above the

underground detention basin, provided that such request is made in writing. Councilmember S. Stewart-Keeler seconded.

Motion carried unanimously.

Councilmember M. Hensel Councilmember moved to grant a nine (9) month time extension to the Hirshland Amended

Land Development Plan beginning October 2, 2018. Councilmember T. Ford seconded. Motion carried unanimously.

Zoning Text Amendment Free Standing Sign

Borough Council held a Public Hearing at their last meeting for the Free-Standing Sign Amendment, copy of which is in

the packets.

Councilmember T. Ford moved to adopt the Zoning Ordinance amending Section 215-97 with the exception of E. (2) (a)

sign area. He amended that to 40 square feet. Councilmember M. Hensel seconded.

There was a lengthy discussion on the motion pertaining to the size of the reduced sign area requesting 60 square feet and

the motion reading 40 square feet.

After this discussion, Councilmember T. Ford amend section E. (2) (a) to a sign area to 50 square feet.

ORDINANCE NO. _4_ OF 2018

AN ORDINANCE AMENDING THE ZONING ORDINANCE, CHAPTER 215 OF THE CODE OF THE BOROUGH OF MOUNT POCONO,

MONROE COUNTY, PENNSYLVANIA, TO UPDATE SIGN STANDARDS FOR PLANNED COMMERCIAL DEVELOPMENTS AND/OR

PLANNED INDUSTRIAL DEVELOPMENTS.

BE IT HEREBY ORDAINED AND ENACTED by the Borough Council of the Borough of Mount Pocono, Monroe County, Pennsylvania, by the

authority of and pursuant to the provisions of Act of July 31, 1968, P.L. 805, No. 247 of the General Assembly of the Commonwealth of Pennsylvania, as reenacted and amended, known and cited as the Pennsylvania Municipalities Code; that the Borough of Mount Pocono’s Zoning Ordinance Chapter

215 of the Code of the Borough of Mount Pocono is amended as follows:

ITEM 1

Chapter 215 Zoning, Section § 215-97 is hereby amended to add the following:

E. Alternative Freestanding Sign Option for Certain Planned Commercial Developments.

Planned Commercial Developments may, in lieu of the freestanding signs permitted in §§ 215-97.A & B,

elect to install freestanding signs as follows: (i) one freestanding sign that identifies the development name; logo; developer; management; development location; address; and/or individual businesses within the

development (“Directory Sign”); and (ii) one additional freestanding sign for each qualifying building not

associated with a gas station identifying business(es) within such building(s) (“Freestanding Building

Sign”).

(1) Directory Sign Regulations. A Directory Sign permitted above shall comply with the following:

(a) Sign Area. The sign area shall not exceed 200 square feet;

(b) Sign Height. The sign height shall not exceed 25 feet.

(c) Individual Business Listing Size. The sign may include individual listings of

businesses within the Planned Commercial Development. No individual business listing on the Directory Sign shall utilize letters, words and/or symbols less than 4

inches in height.

(2) Freestanding Building Sign Regulations. Freestanding Building Signs permitted above shall

comply with the following regulations:




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(a) Sign Area. The sign area shall not exceed 50 square feet.

(b) Sign Height. The sign height shall not exceed 20 feet.

(3) General Regulations for Directory and Freestanding Business Signs.

(a) Gas Station Signage. The freestanding signage permitted under this § 215-97.E shall be in addition to any freestanding signage permitted for any gas station within the Planned Commercial

Development, provided however, that any gas station that is a part of a Planned Commercial Development

that elects to proceed with freestanding signage in accordance with this § 215-97.E shall not be entitled to

an additional freestanding sign otherwise permitted under § 215-92.B (company pole sign).

(b) Landscaping. Landscaping shall be provided for freestanding signage permitted

under this § 215-97.E as required by § 215-81.A(6).

(c) Illumination. If illuminated, the freestanding signage permitted under this § 215-97.E

shall be internally illuminated.

Severability Should any section, subsection, clause, provision or other portion of this Ordinance be declared invalid by any court of competent

jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance; the Board of Supervisors having adopted

this Ordinance as if such invalid portions had not been included therein.

Interpretation

The object of interpretation and construction of this Ordinance and/or the provisions thereof shall be, if possible, to give effect to all of its provisions. Wherever a provision of this Ordinance shall be in conflict with another provision in the same section or

another part of this Ordinance or another Ordinance or part thereof, the two (2) shall be construed, if possible, so that the effect may be given to both.

Effective Date

This Ordinance shall become effective immediately upon adoption.

Councilmember M. Hensel seconded the amended motion. Motion carried unanimously.

Hardee’s Sketch Plan

Chris McDermott with Reilly & Associates was present on behalf of Hardee’s as well as Mr. Aman Verma.

Mr. McDermott explained the Mr. Verma is looking to acquire a 1.4-acre parcel located next to the Perkins on SR 940.

The only access to the property is the interior loop that also serves the Perkins. He noted that it would be a single building

of 6,400 square feet, Hardees’ would occupy 2,700 square feet and a convenience store with gas sales 3,700 square feet.

Mr. McDermott explained that the Applicant if moving forward would need to seek waivers for parking. There was a

great deal discussion on the parking issue. Mr. McDermott explained that Mr. Verma needs to decide whether to move

forward with the expense of the plans and seeking the waivers and would it be cost effective to move forward. There was

a great deal of discussion on the amount of spaces with Hardee’s having representatives in attendance to discuss the use of

parking in similar restaurants in the state.

There was discussion from the public questioning the Hardee’s and the parking space, those commenting on this were:

Ron Emilie, Hildy Franzo, Mike Reardon and Tom Neville.

UNFINISHED BUSINESS

Action Items

Borough Secretary/ Treasurer L. Noonan reviewed the Action Items List noting the Fireworks Ordinance is still

being reviewed by the Planning Commission. The Borough has received the appraisal and a “For Sale” has

been posted on the Brunswick Drive (A. Lepre donated) property. The AED’s were delivered on September

28th and Borough employees need to be trained, it is a 2-3-hour class. Under review is the MCTA bus stop at

SR 940 and Burger King entrance problem. No update on the Borough building sidewalks and ramp. Borough

Council has reviewed the Bed & Breakfast Amendment and will review again at its next work session. .




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Emergency Management Coordinator

Councilmember T. Ford moved to removed Keith Transue as the Borough’s Emergency Management

Coordinator. Councilmember M. Hensel seconded. Motion carried unanimously.

Councilmember T. Ford moved to remove Claudette Williams as the Emergency Management Co-Coordinator.

Councilmember A. Montanez seconded. Motion carried unanimously.

Councilmember moved to appoint Jeff Woehrle as the Borough’s Emergency Management Coordinator and

Randy Altemose as the Co-Coordinator. Councilmember D. Casole seconded. Motion carried unanimously.

President C. Williams appointed Mayor Michael Penn to be the Borough’s representative on the Regional EMS

and to the Regional Police Commission.

Adopt A Road

Councilmember A. Montanez moved to adopt the Adopt A Road program. Councilmember D. Casole

seconded. Motion carried unanimously.

Monroe County Planning Commission Infrastructure

It was agreed that a committee of Borough Council will meet with representatives from the County to review

this program in more depth.

LSA Grant Resolution 4 of 2018

Vice President F. O’Boyle moved to adopt Resolution 4 of 2018 of the Borough Council of the Borough of

Mount Pocono Authorizing the Filing of an Application for Financial Assistance to Construct a Maintenance

Garage/ Facilities.

RESOLUTION NO. 4 OF 2018

AUTHORIZING THE FILING OF AN APPLICATION FOR FINANCIAL ASSISTANCE

TO CONSTRUCT A MAINTENANCE GARAGE/FACILITIES

Resolution of the Borough Council of the Borough of Mount Pocono authorizing the filing of a proposal for a grant from the Department of Community

and Economic Development (DCED), and the Commonwealth Financing Authority, Commonwealth of Pennsylvania.

WHEREAS, the Borough of Mount Pocono is located in Monroe County, and is eligible for a grant under the Pennsylvania Gaming Local Share

Account administered by the Pennsylvania Department of Community and Economic Development (DCED) and the Commonwealth Financing Authority; and

WHEREAS, the Borough of Mount Pocono is in need of various public improvements that qualify for grants under the aforesaid program; and

WHEREAS, the Borough of Mount Pocono is desirous of obtaining a grant of funds from DCED in the amount of $408,280.00 for the purpose of

undertaking the construction of a Maintenance Garage/Facility.

NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Mount Pocono that:

1. The President of the Borough Council is hereby authorized to file the subject application and to take such actions as may be necessary with regard

thereto

2. The Secretary of the Mount Pocono Borough Council is hereby directed to execute a certificate attesting to the adoption of this resolution and to

furnish a copy of this Resolution to the DECD.

Councilmember M. Hensel seconded. Motion carried unanimously.

NEW BUSINESS




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2018 Fire Protection Fire Contract

Councilmember A. Montanez moved to enter into the Fire Protection Contract between the Borough and the

Pocono Mountain Volunteer Fire Company. Councilmember T. Ford seconded. Vice President F. O’Boyle

abstained. Motion carried unanimously.

Proposed Chicken Ordinance

Borough Council agreed to review this at its next work session.

Junior Councilmember Report

Borough Secretary/ Treasurer L. Noonan stated that Junior Councilmember K. Rinaldi reported that she is in

the process of organizing a group of students to clean up the playground behind the Borough building and that

she is also pursuing various organizations to help with adopting a road.

STANDING COMMITTEES

Planning

Councilmember D. Casole reported that The Planning Commission held its regular meeting on September 19, 2018. The Meeting was called to order by Chairman Kirkwood. The following Commissioners were present: Vice - Chair -

Dorkoski, Misuraca, and Velasco. Absent: Delano, Harper and Penn.

Also present: Boro Engineer - Chuck Niclaus, Solicitor - Connor, and Diana Jackowski, Recording Secretary.

Reilly Associates - Engineer for the Hardees Restaurant and Convenience Store with Gas Islands for proposed location on

Lot 2B at the Wal-Mart Shopping Center presented his Scope of Proposed Project. The following items were the Main

Topics discussed:

Parking - Insufficient Spaces and will be referred to Borough Council to discuss.

• Questionable Perkins Restaurant for Access Parking to be investigated.

• No Entrance from Route 940W - Existing Driveway utilized by Perkins

• Stormwater - Detention Basin Edge of Wal-Mart Parking Lot - will research the Volume Control Basin

• Sub-surface Preliminary Soil Investigation.

• Traffic Study warranted.

Under Old Business: The Proposed Chicken Ordinance Drafted by Council Member Tom Ford was again discussed.

Under Section 3 - Chicken keeping - under (a) General rule - Chickens shall be permitted in Residential Zones.

Intense discussions centered around general residential zones brought to mind objections for very small Borough

Properties of 1/4 - 1/3 of an acre permitted to have chickens in side yards. This Writer proposed to have minimum 1/2

acre lots because in the Proposed 25' Rear Setbacks can be very close for properties whose rear yards are back to back and

very close to each other. A minimum of 35' rear setback was proposed and discussed.

As mentioned in the Documents submitted by Mr. Ford, in the Stroud Township Ordinance 5.840 - ALL PENS AND

RUNS SHALL BE LOCATED MORE THAN 60 FEET FROM LOT LINES AND RIGHTS OF WAYS. In the City of

Pleasanton, Under Proposed Standards: d: The coop shall be located as far as possible from ALL NEIGHBORS'S

BACKYARD ACTIVITIES AND FROM ALL NEIGHBOR'S WINDOWS.

New Business: Proposed Fireworks/Noise Ordinance Review: It was stated that due to the number of casualties,

ignorance and negligence by the public setting off the fireworks poses severe safety hazard issues and jeopardizes the

safety of the public. The Solicitor recommended the Planning Commissioners read the PA State Laws regarding this topic

before going any further.




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Department of Public Works

It was noted that the Borough has put down some stone on Megargel Road to make it easier for plowing and for

the residents on that road.

Utilities

Councilmember M. Hensel reported that the 20-million-dollar project is moving along, they have approved new

billing software and the increase went out in this month’s quarterly bill. He noted that two (2) more employees

have now passed their operator license course.

Councilmember A. Montanez stated that according to the accountant’s calculations, there is a possibility that

the MPMA shouldn’t have to increase the sewer bill for two (2) or more years.

Councilmember M. Hensel stressed that is IF there are no issues and he is not as optimistic with that statement.

Water

No report.

Recreation

Councilmember S. Stewart-Keeler stated that there was a meeting on September 20th and in attendance were

Randy Altemose, Debra Fulton and herself. She expressed Chairman R. Altemose has major concerns about

the field. It was noted that the field is utilized by Pocono Pride Girls Softball. She also stated that there are

seven (7) people interested in being members on the Foundation and that they plan to meet one (1) week from

tonight for informational and organizational meeting. She noted that they were trying to get a Trunk or Treat

scheduled but have not been successful in doing so as they wanted to do it in conjunction with Regional EMS

who have not been forthcoming on their dates and times.

Sanitation

Councilmember A. Montanez reported that the Pick-Up the Poconos event was held this past Saturday.

Borough Council had ten (10) volunteers that collected thirty-three (33) bags of garbage and the Adopt A Road

program was approved earlier this evening. She stated that Dante Ortiz who is a 6th grader with the Clear Run

Intermediate School was the youngest participant in the Pick-Up the Poconos and she would like a certificate of

appreciation be given to him.

Buildings

Building report was given earlier this evening.

Budget and Finance

Budget and Finance Committee will meet this month to begin budget prep.

Personnel

No report.

Regional Police

No report.

Regional EMS

No report.




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COG

Borough Secretary/ Treasurer L. Noonan attend the COG meeting last week. She noted that they had

presentations on the opioid epidemic and they are formulating a co-committee of the COG members to begin

working with the County and local police departments on this problem.

PUBLIC PARTICIPATION

Mike Reardon, 14 Cedar Road, noted that the Borough needs a YMCA.

Debra Fulton, 65 Reeder Street, suggested that Mr. Reardon join the Foundation.

Councilmember S. Stewart-Keeler noted that the Mountain Center located in Coolbaugh Township has many

programs that will keep children busy since there is not a YMCA up in this area.

Ron Emilie, Seneca Road, noted that he was on the Board of Directors for Barrett Township YMCA and had

suggested many years ago that a YMCA come to the borough.

Mike Oser, Fairview Avenue, made a political statement directed toward President C. Williams and

immediately left the meeting room.

Tom Neville, Knob Street, welcomed Mayor Michael Penn and thanked Borough Council for all their work.

He also thanked President C. Williams for her services.

Councilmember A. Montanez gave the following statement:

It has been brought to my attention by two members of our audience on two separate occasions that a member of our

audience has have been overheard speaking both derogatorily and disrespectfully about members of our council. With the

exception of Tom Ford each member of this current council has stepped forward to place themselves on the ballot to ask

our community to allow us to be your voice and to fight for the things you care about. We each were elected by our

neighbors into the positions we currently hold. We may not look alike or be a member of the same political party, but we

are all members of the same community. We meet publicly twice a month with additional meetings based on committees

we are placed on and receive and respond to countless emails and we are compensated with a taxed $900 a year. You

can’t force someone to respect you, but you can refuse to be disrespected. I stand before you to ask that you refrain from

using our meetings as a place to cowardly speak disrespectfully about our council members. I would like the support of

our council and members of our community to ask anyone in our audience who says derogatory, sexist, or racist

comments about our council members to LEAVE and not return.

This is MY COMMUNITY and yours- Our current Council is a real-life reflection of the community we serve and

represent. Tolerance only for those who agree with you and look like you are not tolerance at all. Thank you for your

time.

Mayor Michael Penn thanked Borough Council for giving him the opportunity to serve as Mayor. He stated he has a lot

of ideas to benefit the Borough.

There was discussion about the comments made by Borough resident Michael Oser, referenced above, and Borough

Council requested that Solicitor J. Fareri research the process to remove Mr. Oser from the Mount Pocono Municipal

Authority.

There being no further business or any further public participation coming before the Board, Councilmember A. Montanez

moved to adjourn. Councilmember S. Stewart-Keeler seconded. Motion carried unanimously.

Respectfully submitted,

Lori Noonan, Borough Secretary




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BOROUGH OF MOUNT POCONOMONROE COUNTY, PENNSYLVANIA

ORDINANCE NO. ___ OF 2018

AN ORDINANCE AMENDING CHAPTER XXX OF THE CODE OF THE BOROUGH OF MOUNTPOCONO CODE.

It is hereby Ordained by the Borough Council of Borough of Mount Pocono, County of Monroe, Commonwealth ofPennsylvania, that Chapter XXX of the Borough Code of Mount Pocono is amended to read as follows:

Chapter XXXSHOPPING CART REGULATIONS

Article I. General Provisions

§XXX-010 Purpose.§XXX-020 Definitions.§XXX-030 Enforcement authority.§XXX-040 Authority to inspect.§XXX-050 Alternative remedies.§XXX-060 Additional rules and regulations.§XXX-070 Severability.

Article II. Signs on Shopping Carts – Required

§XXX-210 Requirements.

Article III. Removal, Abandonment, Alteration,Possession – Prohibited

§XXX-310 Prohibition.§XXX-320 Penalty.§XXX-330 Exceptions.

Article IV. Mandatory Evaluation Report and Plan toPrevent Cart Removal

§XXX-410 Plan elements.§XXX-420 Evaluation report.§XXX-430 Timeliness and approval process forprevention plan or evaluation report.§XXX-440 Penalties for failing to submit a preventionplan or to implement prevention measures.

Article V. Retrieval of Shopping Carts by Borough

§XXX-510 Authority to impound.

ARTICLE IGeneral Provisions

§XXX-010 Purpose.

A. Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safetyof the public, and interfere with pedestrian and vehicular traffic within the Borough of Mount Pocono.Wrecked, dismantled and/or abandoned shopping carts on public or private property create conditionsthat reduce property values and promote blight and deterioration within the borough’s neighborhoods.

B. The purpose of this chapter is to make the removal of shopping carts from the premises of abusiness establishment a violation of this code. In addition, this chapter ensures that storeowners willtake action to reduce the removal of shopping carts from a business establishment’s premises. Thischapter requires business establishment owners to facilitate the retrieval of those shopping cartsremoved from the establishment’s premises.

§XXX-020 Definitions.

A. “Abandoned shopping cart” means any cart removed from a business establishment’s premiseswithout written permission of the owner and located on either public or private property.

B.“Owner” means any person or entity within a business establishment who owns, possesses, or hasthe power to make a shopping cart available to customers. For the purpose of this chapter, “owner”includes, but is not limited to, the store owner, manager, on-site manager, on-duty manager, or otherdesignated agent of a business establishment providing shopping carts for customer use.

C. “Parking area” means a parking lot or other property provided by a business establishment for useby a customer for parking an automobile or other vehicle.

D. “Premises” means the entire area owned, rented, leased, or utilized by a business establishment thatprovides shopping carts for customer use, including parking areas.

E. “Shopping cart” means a basket which is mounted on wheels or a similar device generally used ina business establishment by a customer for the purpose of transporting goods of any kind. Thisincludes, but is not limited to, laundry, grocery or shopping carts.

§XXX-030 Enforcement authority.

The borough manager (if any), police and their designated agents, and borough code enforcement officers, (collectively,“the borough official”) shall have the authority and powers necessary to determine whether a violation of this chapterexists and to take appropriate action to gain compliance with the provisions of this chapter and applicable state codes.These powers include the power to issue administrative citations and to inspect public and private property. It alsoincludes the power to impose civil penalties for any violation of this chapter.

§XXX-040 Authority to inspect.

The borough official is authorized to enter upon any property or premises to ascertain whether the provisions of thischapter or applicable state codes are being obeyed, and to make any examinations as may be necessary in theperformance of their enforcement duties. All inspections, entries and examinations shall be done in a reasonable manner.If an owner, tenant, occupant or agent or other responsible party refuses to grant the borough permission to enter orinspect, the borough may seek a warrant pursuant to applicable law.

§XXX-050 Alternative remedies.

Nothing in this chapter shall prevent the borough from pursuing criminal, civil, administrative or any other legal remedyto address violations of this chapter.

§XXX-060 Additional rules and regulations.

In addition to the provisions and requirements of this chapter, the borough council may, from time to time, by resolution,establish additional rules and regulations concerning programs, practices and regulations pertaining to shopping cartretrieval.

§XXX-070 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid orunconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of theremaining portions of this chapter. The borough council declares that it would have adopted such section, subsection,sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences,clauses, phrases or portions be declared invalid or unconstitutional.

Article II. Signs on Shopping Carts – Required

§XXX-210 Requirements.Every shopping cart owned or provided by a business establishment in the borough must have a sign permanently affixedto it that contains the following information:

A. Identifies the owner of the shopping cart, and the name of the business establishment, if different;

B. Notifies the public of the procedure to be used for authorized removal of a shopping cart from theestablishment’s premises;

C. Notifies the public that the unauthorized removal of a shopping cart from the premises or parkingarea of a business establishment, or the unauthorized possession of a shopping cart is a violation ofstate law;

D. Displays a permanently affixed sticker notifying the public that the unauthorized removal of theshopping cart from the premises of a business establishment, or the unauthorized possession of ashopping cart is a violation of local municipal code; and

E. Lists a valid telephone number or address for returning the shopping cart removed from thepremises or parking area to the owner or retailer.

Article III. Removal, Abandonment, Alteration, Possession – Prohibited

§XXX-310 Prohibition.It is unlawful to do any of the following acts if a shopping cart has a permanently affixed sign as required by §XXX-210:

A. To remove a shopping cart from the premises or parking area of a business establishment with theintent to temporarily or permanently deprive the owner or retailer of possession of the cart;

B. To be in possession of any shopping cart with serial numbers removed, obliterated or altered, withthe intent to temporarily or permanently deprive the owner or retailer of possession of the cart;

C. To leave or abandon a shopping cart at a location other than the premises or parking area of theretail establishment with the intent to temporarily or permanently deprive the owner or retailer ofpossession of the cart;

D. To alter, convert or tamper with a shopping cart, or to remove any part or portion thereof or toremove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanentlydeprive the owner or retailer of possession of the cart;

E. To be in possession of any shopping cart while that cart is not located on the premises or parkinglot of a business establishment, with the intent to temporarily or permanently deprive the owner orretailer of possession of the cart.

§XXX-320 Penalty.Any person who violates any of the provisions of §XXX-310 is guilty of a misdemeanor.

§XXX-330 Exceptions.This article shall not apply to any person who has written consent from the owner of the shopping cart authorizingpossession or removal of the cart from the business establishment’s premises or authorizing any of the acts specified in§XXX-310.

Article IV. Mandatory Evaluation Report and Plan to Prevent Cart Removal

§XXX-410 Plan elements.Every owner of a business establishment providing shopping carts to its customers shall develop and implement a specificplan to prevent customers from removing carts from the business premises. The plan must include the following elements:

A. Notice to Customers. The owner shall provide written notification to customers that the removalof carts from the business establishment’s premises is prohibited and a violation of state and local law.This notification may be provided in the form of fliers, warnings on shopping bags, or any otherwritten materials that will effectively inform customers of the law.

B. Physical Measures. At least one specific physical measure shall be implemented to prevent cartremoval from the business premises. Optional physical measures include, but are not limited to, thefollowing:

1. Installing disabling devices on all carts;2. Posting a security guard to prevent customers from removing carts from the businesspremises;3. Requiring a security deposit for use of all carts.

§XXX-420 Evaluation report.

An evaluation report must be submitted each year to the public services department or other designated unit of theborough. The report shall include, but is not limited to, the inventory of carts owned or used by the businessestablishment as of the date of the report, and the number of carts replaced by that establishment in the previous calendaryear due to repair, loss, theft or abandonment. Any owner who fails to submit an evaluation report as outlined in thissection by January 31st of each year is guilty of an infraction. If a prevention plan was in place the previous year, theevaluation report shall identify and assess the measures used and approved in the prior year.

§XXX-430 Timeliness and approval process for prevention plan or evaluation report.

A. A proposed plan for preventing shopping cart removal or an evaluation report shall be submittedto the borough manager, if any, or to the borough code enforcement officer, for approval within 60days after the adoption of the ordinance codified in this chapter and by January 31 of each yearthereafter. Those affected business establishments open after the adoption of this chapter shall have60 days from date they open for business to submit a shopping cart removal prevention plan. Theborough manager, if any, or the borough code enforcement officer may reject any proposed plan if itdetermines that the plan is not reasonably likely to prevent the removal of shopping carts from thepremises.

B. A business establishment has 30 days from the date of approval to implement its cart removalprevention plan. If the proposed plan is the same as the previous year’s, the prevention measure shallcontinue until the borough indicates the plan requires modification. Unless otherwise agreed, theowner shall implement modifications to a plan required by the borough manager, if any, or theborough code enforcement officer, within 30 days of notification.

§XXX-440 Penalties for failing to submit a prevention plan or to implement prevention measures.Any owner who fails to submit a plan, implement the proposed plan or implement any required modifications to the planas required by the borough, within the time frames as specified in this article, shall be required to place disabling deviceson all carts owned, leased or used by the business establishment to prevent removal of carts from the business premisesand parking lots. Any owner who fails to place a disabling device on all carts, if applicable, is guilty of a misdemeanor.

Article V. Retrieval of Shopping Carts by Borough

§XXX-510 Authority to impound.

A. The Borough of Mount Pocono may impound a shopping cart when all of the following conditionsare satisfied:

1. The shopping cart is located outside the premises or parking area of a businessestablishment. The parking area of a business establishment located in a multi-store complexor shopping center shall include the entire parking area used by the complex or center; and2. The shopping cart is not retrieved within 48 hours after the owner of the shopping cart, ortheir agent, receives actual notice from the borough of the shopping cart’s discovery andlocation.

B. In instances where the location of a shopping cart will impede emergency services, the borough isauthorized to immediately retrieve the shopping cart from public or private property.

C. Any shopping cart that is impounded by the borough pursuant to this section shall be held at alocation that is both:

1. Reasonably convenient to the owner of the shopping cart; and2. Open for business at least six hours of each business day.

D. Any shopping cart not reclaimed from the borough within 5 business days of receipt of a notice ofviolation by the owner of the shopping cart, may, but is not required to be sold or otherwise disposedof by the borough.

E. To reclaim the shopping cart, the owner shall pay the Borough the impound rate per cart set byBorough Council then in effect; in addition, the per diem storage fee set by Borough Council then ineffect, together with any administrative penalty imposed by§XXX-510(F), for each day after the 5-dayperiod after receipt of a notice of violation by the owner

E. The borough may impose an administrative penalty on the owner of a shopping cart in an amountnot to exceed $50.00 for each impounded cart in excess of three during the six-month periodimmediately preceding the impound date.

F. The borough is authorized to recover actual costs incurred for impounding a shopping cart underthe authority provided in subsections (A) and (B) of this section.