Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
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In Re: Public hearing for the purpose of providing regulations
governing the public display of fireworks and providing
for penalties for violating the regulations.
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Tobyhanna Township Government Center Building
State Avenue
Pocono Pines, Pennsylvania 18350
Monday, March 10, 2008, beginning at 6:30 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
HUGH LAMBERTON, Board Member
JAMIE B. KEENER, Board Member
DONALD J. MOYER, Board Member
PATRICK M. ARMSTRONG, ESQUIRE, Solicitor
ALSO PRESENT: PHYLLIS HAASE, Zoning Officer
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PANKO REPORTING
537 Sarah Street, 2nd Floor
Stroudsburg, Pennsylvania 18360
(570) 421-3620
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1 MR. KERRICK: I'd like to welcome
2 everyone here this evening for the public hearing,
3 for the two ordinances; 462, flea market and 463,
4 fireworks. At this time, I'm going to turn it over
5 to our solicitor, Pat Armstrong.
6 MR. ARMSTRONG: The first ordinance
7 that was sabotaged for this evening is the display
8 of fireworks ordinance. It was advertised for a
9 public hearing at 6:30, on March 10, 2008, which is
10 this evening. It was advertised in the Pocono
11 Record on February 25, 2008 and it's been made
12 available at the township offices at that
13 newspaper, as well as the Monroe County Law
14 Library.
15 What the ordinance does is, it sets
16 forth the regulation for the public display of
17 fireworks within Tobyhanna Township. It requires
18 individuals that want to display fireworks
19 publically apply for and receive a permit from the
20 Tobyhanna Township Board of Supervisors.
21 This is permitted by the state
22 statute, and actually it's recommended by the
23 Pennsylvania State Association of Township
24 Supervisors and requires a bond of each applicant
25 in the amount of $1,000,000.
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1 It sets forth the possibility of
2 continuances after someone applies for a fireworks
3 permit but for some reason, by weather or other
4 reason, needs to be continued. It provides for a
5 continuation of the display of the fireworks. And
6 it also incorporates all state, federal or other
7 local agency regulations with respect to the public
8 display of fireworks. It's been reviewed by the
9 township planning commission, and the township
10 planning commission is okay with it.
11 What we are here for tonight is, a
12 public hearing for any comments from the public or
13 the board of supervisors that you or the public may
14 have on this particular display of fireworks
15 ordinance.
16 MR. KEENER: Just for clarification,
17 we're doing the fireworks first?
18 MR. ARMSTRONG: Yeah. I was looking
19 at the legal notice and the fireworks ordinance was
20 advertised for 6:30 and the flea market, I think,
21 was 6:35. So we might as well -- you know, in case
22 someone's planning on coming for the flea market at
23 6:45, we might as well go forward with the
24 fireworks for 6:30.
25 MR. KEENER: Okay, thank you.
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1 MR. ARMSTRONG: So I'll open it up
2 to the supervisors, if you have any comments or
3 concerns about this proposed ordinance. It has
4 been advertised pursuant to the second class
5 township code for ordinances. It's set to be
6 adopted, if the board of supervisors would like,
7 this evening at their seven o'clock regular
8 meeting.
9 What will have to be done is, there
10 will have to be just a permit, a hard copy form
11 permit, for people to fill out with the township.
12 It shouldn't be that cumbersome. Actually, PSATS
13 may have one on the Web site. I can talk to
14 Phyllis Haase, the zoning officer, with respect to
15 that, if she already has one or if she has
16 something in mind she would like to put together.
17 The ordinance does require the
18 operator to be a competent operator and
19 incorporates regulations of the International Fire
20 Code. So I guess -- no, we can vote -- the board
21 can vote on this at their public meeting. If you
22 have no comments for the public hearing, I'll open
23 it up to the public.
24 Any public comment on this proposed
25 ordinance?
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1 Seeing there is none, any other
2 comments from the board at this time?
3 MR. LAMBERTON: No.
4 MR. MOYER: No.
5 MR. KERRICK: I'll make a motion we
6 close the hearing. You just want to -- you're
7 going to open the other one at a quarter of? Is
8 that what you said or did I not pay attention?
9 MR. ARMSTRONG: Yeah, we can do
10 that.
11 MR. KERRICK: Is that what we're
12 going to do?
13 MR. ARMSTRONG: Yeah.
14 MS. PICKARD: I'll second the
15 motion.
16 MR. KERRICK: Are you going to call
17 the vote or do you want me to do it?
18 MR. ARMSTRONG: Go ahead.
19 MR. KERRICK: Call the vote.
20 Jamie?
21 MR. KEENER: I vote in favor.
22 MR. KERRICK: Donny?
23 MR. MOYER: I vote in favor.
24 MR. KERRICK: Hugh?
25 MR. LAMBERTON: I vote in favor.
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1 MR. KERRICK: Heidi?
2 MS. PICKARD: I vote in favor.
3 MR. KERRICK: I'll vote in favor.
4 Hearing closed for -- that was the
5 fireworks.
6 (Hearing concluded at 6:40 p.m.)
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7 I hereby certify that the
8 proceedings and evidence are contained fully and
9 accurately, in the notes taken by me at the hearing
10 in the above matter; and that the foregoing is a
11 true and correct transcript of the same.
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14 ______________________
15 EVILYS E. BRATHWAITE
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