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Public Notice - Public Hearing: Intent to Enact an Ordinance (Regional joint park and recreation board - 3 properties)

PUBLIC NOTICE PUBLIC HEARING INTENT TO ENACT AN ORDINANCE TAKE NOTICE that the Barrett Township Board of Supervisors will hold a public hearing to ordain and enact an ordinance authorizing Barrett Township to enter into, with Paradise Township, a Second Amendment to the Intergovernmental Cooperation Agreement, dated April 8, 2004, originally establishing a regional joint park and recreation board to operate, administer, and maintain the three (3) properties jointly owned by Barrett and Paradise Townships and the Borough of Mount Pocono, and the First Amendment thereto, dated March 16, 2015, which removed the Borough of Mount Pocono as a participant in the regional joint park and recreation board and reorganized and renamed the new regional joint park and recreation board on Wednesday, February 27, 2019, at 8 a.m. The hearing will be held at the Barrett Township Municipal Building, 993 Route 390, Cresco, PA 18326. The Board will consider adopting and enacting the ordinance as well as other business coming before the Board at that time.

The full, attested text of the proposed ordinance can be reviewed at the Monroe County Law Library, the Pocono Record, and Barrett Township Municipal Building. Copies of the full text of the proposed ordinance can be purchased at the Barrett Township Municipal Building for the actual costs of reproduction. In lieu of setting forth the full text of the proposed ordinance and the Second Amendment to the existing Intergovernmental Cooperation Agreement and First Amendment thereto, a summary is set forth herein: The Ordinance to be enacted by the Township of Barrett, Monroe County, Pennsylvania ("Barrett" or the "Township") is to enter into an Second Amendment to the existing Intergovernmental Cooperation Agreement and First Amendment thereto ("Second Amendment), which Second Amendment amends the aforementioned previously adopted Intergovernmental Cooperation Agreements, as follows: The purpose of the Second Amendment is, among other things, to provide a legal framework for the Townships of Barrett and Paradise to jointly administer a regional park and recreation board for the three (3) properties jointly owned by the Townships. The Second Amendment authorizes: i) the incorporation of the recitals; ii) the establishment of a regional park and recreation commission known as the "Pocono Area Recreation Commission" (the "Commission") with five (5) members on the Board and a process for appointments thereto; iii) the establishment of provisions for board members terms, voting rights, reporting responsibilities, removal/termination, and vacancies; iv) the establishment of officers the Commission; v) meeting requirements; vi) quorum for Commission business; vii) the establishment of rules for conducting business; viii) the control, operation, and oversight of recreational properties (Ice Lake Park, Seven Pines Park, and Skywood Park); ix) the allowance for assignment of additional property oversight; x) the disallowance of ownership of real property; xi) retention of ownership and maintenance responsibility with the municipalities except as provided therein; xii) the Commission to perform certain repairs or additions; xiii) the powers, duties, and responsibilities of the Commission; xiv) the power to contract for equipment, supplies, and services under certain conditions; xv) the implementation of the regional park, recreation, and open space plan; xvi) the establishment and enforcement powers for rules and regulations for use of recreational properties; xvii) the employment of personnel/professional consultants; xviii) the issuance by March 15th of each year an annual report and the posting of meeting minutes within one (1) week of a meeting; xix) the establishment of a fiscal calendar year; xx) a funding formula for municipal contributions; xxi) the implementation of residential and nonresidential fees; xxii) a process for budget submission; xxiii) how maintenance and operations funding for the properties is determined; xxiv) the time frame for municipal contributions and interest for late payments; xxv) a process for providing and tracking in kind municipal services; xxvi) governmental accounting standard board (GASB) principles be utilized including for capital improvements; xxvii) limiting the ability of one (1) Township to unilaterally make capital improvements if the capital improvement is not cost neutral to the budget; xxviii) the Commission to apply for funding for capital improvements; xxix) a limitation on any debt for the Commission unless unanimous approval by the municipalities; xxx) an audit once funding level of the Commission exceeds One Hundred Thousand ($100,000.00) Dollars; xxxi) the Commission to establish bank accounts and requires two (2) signatures for checks; xxxii) the establishment of insurance requirements and the waiver of claims; xxxiii) the establishment of immunity; xxxiv) proportional liability for the municipalities for actions not covered by insurance; xxxv) an effective date and term of the Second Amendment; renewal requirements; xxxvi) a procedure for withdrawing from the Commission and the distribution of Commission assets; xxxvii) Pennsylvania as the governing law; xxxviii) the establishment of a procedure for municipal approvals of Commission action and subsequent amendments to the Second Amendment; and xxxix) a severability provision and a repealer of the April 8, 2004 Intergovernmental Cooperation Agreement and the First Amendment thereto. The ordinance additionally provides for a short title; establishes legislative intent and legal authority for enactment of the Ordinance; approves and provides the authority to enter into the Second Amendment; sets forth a duration for the agreement; establishes the purposes and objectives of the Second Amendment; provides for severability; provides for a repealer of inconsistent ordinance; and establishes an effective date for the Ordinance. Todd W. Weitzmann, Solicitor for Barrett Township Board of Supervisors P - Feb. 20

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