Fareri Letter CJERP
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. , Daniel M. Corveleyn Marc R. Wolfe James V. Fareri* Gerard J. Geiger Vmcent Rubino David L. Horvath Aaron M. DeAngelo J. Zac Christman* RobertJ. Kidwell OfCouruel: Samuel W. Newman Todd R. Williams RonaldJ. Mishkin *Member ojNJ and PA Bar ATTORNEYS AT LAW Telephone 570.42 1.90 90 Fax 570424.9739 www.newmanwilliams.com APROFESSIONAL CORPORATION . P. O. Box 511 . 712 Monroe Street Stroudsburg, PA 18360-0511 December 7, 2015 RE: CJERP Regional Comprehensive Committee To Whom It May Concern: The purpose of this letter is to discuss the creation of the CJER Regional Comprehensive Cominittee, later CJERP, as well as adoption by the member municipality of a Regional Comprehensive Plan as well as Zoning and Subdivision Land Development Ordinances consistent with·such Comprehensive Plan. . The history of the CJERP Regional Comprehensive Coinmittee begins with the entering into ofan Intermunicipal Cooperation Agreement between Eldred, Chestnuthill, Ross and Jackson Townships dated September 9, 2002.· Such Agreement was entered into after each of the respective municipalities enacted Ordinances authorizing such municipalities·to enter into such Agreement in accordance with the provisions of the . Intergovernmental Cooperation Act, 43 Pa.C.S.A. Section 2301, et seq. The Agreement provided that said municipalities would enter into a community vision, strategic . plan and comprehensive land use plan as a joint municipal project, and further that funding would be sought from the Pemisylvania Department of Conservation and Natural Resources, as well as the Pennsylvania Department of CoIlllilunity and Economic Development for the implementation of such joint municipal project. . . Thereafter, in accordance with such Agreemerit, a proposed Joint Comprehensive Plan was adopted for review and action by all four member municipalities. All such member municipalities adopted the Joint Comprehensive Plan by Resolution in 2006. On October 6, 2008, the above member municipalities entered into an Intergovernmental Cooperative Implementation Agreement to establish the CJER Planning Committee, a stated purpose of which was to facilitate amendments to the SALDO and Zoning Ordinance to .the respective municipalities in order to address developments of regional significance as defined in the Intergovernmental Cooperation Agreement.
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This letter is from CJERP solicitor Fareri, and details events surrounding the formation of CJER, the adoption of the CJER Intermunicipal Cooperation Agreement, and the adoption of revised zoning ordinances on May 1, 2014. The letter makes it sound like all procedures were followed - but the evidence is decidedly contrary to that conclusion.
Transcript of Fareri Letter CJERP
., Daniel M. CorveleynMarc R. WolfeJames V. Fareri*Gerard J. GeigerVmcent RubinoDavid L. Horvath
Aaron M. DeAngeloJ.Zac Christman*RobertJ. Kidwell
OfCouruel:
Samuel W. NewmanTodd R. WilliamsRonaldJ. Mishkin
*Member ojNJandPA Bar
ATTORNEYS AT LAW
Telephone570.421.9090
Fax 570424.9739
www.newmanwilliams.com
APROFESSIONAL CORPORATION
. P. O. Box 511 .712 Monroe Street
Stroudsburg, PA 18360-0511
December 7, 2015
RE: CJERP Regional Comprehensive Committee
To Whom It May Concern:
The purpose of this letter is to discuss the creation ofthe CJER Regional ComprehensiveCominittee, later CJERP, as well as adoption by the member municipality of a Regional ComprehensivePlan as well as Zoning and Subdivision Land Development Ordinances consistent with· suchComprehensive Plan.
. The history of the CJERP Regional Comprehensive Coinmittee begins with the entering into ofanIntermunicipal Cooperation Agreement between Eldred, Chestnuthill, Ross and Jackson Townships datedSeptember 9, 2002.·
Such Agreement was entered into after each of the respective municipalities enacted Ordinancesauthorizing such municipalities·to enter into such Agreement in accordance with the provisions of the .Intergovernmental Cooperation Act, 43 Pa.C.S.A. Section 2301, et seq.
The Agreement provided that said municipalities would enter into a community vision, strategic. plan and comprehensive land use plan as a joint municipal project, and further that funding would be
sought from the Pemisylvania Department of Conservation and Natural Resources, as well as thePennsylvania Department of CoIlllilunity and Economic Development for the implementation of such jointmunicipal project. . .
Thereafter, in accordance with such Agreemerit, a proposed Joint Comprehensive Plan was adoptedfor review and action by all four member municipalities. All such member municipalities adopted the JointComprehensive Plan by Resolution in 2006.
On October 6, 2008, the above member municipalities entered into an IntergovernmentalCooperative Implementation Agreement to establish the CJER Planning Committee, a stated purpose ofwhich was to facilitate amendments to the SALDO and Zoning Ordinance to .the respective municipalitiesin order to address developments of regional significance as defined in the Intergovernmental CooperationAgreement.
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The efforts of the CJER Committee culminated with the adoption of such amendments by all. member municipalities. In accordance with the municipalities.planning code and the respective
Ordinances ofmember municipalities, a public hearing and special meeting of each of the Boards ofSupervisors of such municipalities was jointly held on March 27,2014 at 7:00 p.m. in the West End FireHall, Brodheadsville, Pennsylvania. At the time of such meeting, each municipality was present by andthrough a quorum of the respective Board of Supervisors of said municipality.
Notice of said public hearing and special meetings was duly advertised in the Pocono Record, anewspaper of general circulation in the geographic area of the member municipalities on March g, 2014,and again on March 15,2014.
. At said hearing, it was determined to continue the hearing to an additional date of May 1, 2014 at7:00 p.m. at the same location. Notice of the continued hearing was·announced. In addition, a secondadvertisement was placed in the Pocono Record running April 14, 2014 and Apri121, 2014.
At said hearing each of the individual Boards of Supervisors, after public hearing, convened aspecial meeting the purpose of which was to adopt the amendments to the SALDO and Zoning .Ordinances. . .
At said meetings, Minutes of the respective Planning Commissions of the municipalities werereceived and marked as Exhibits, indicating that said Planning Commissions of said membermuniCipalities reviewed the propOsed amendments and recommended their approval. Also·acknowledged were reviews by the Monroe County Planning Commission. At the May 1, 2014 specialmeeting which immediately followed the public hearing, the respective Boards ofthe membermunicipalities adopted the subject amendments to the SALDO and Zoning Ordinances. All twelveSupervisors voted unanimously to approve such amendments.
In 2015 the CJER Committee facilitated a second public hearing and special meeting of themember municipality to accommodate the entry of Polk Township to the Regional Comprehensive Plan,as well as to adopt a Regional Comprehensive Plan update of 2015 as well as adoption of restated andamended CJERP Intergovernmental Cooperative Implementation Agreement. Also reviewed andadopted were certain amendments to each of the member municipalities Ordinances as well as anentirely new Zoning and Subdivision Land Development Ordinance for Polk Township.
As with the 2014 meeting, this meeting was attended by a quorum of the Boards of Supervisorsof each member municipality. At the conclusion of the meeting the respective Boards ofSupervisorsapproved Agenda items being the adoption of a Regional Comprehensive Plan Update of2015, adoptionofa restated andamended CJERP Intergovernmental Cooperative Implementation Agreement, as wellas the amendments to the respective Zoning and SALDO Ordinances..
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(\Vtb"fuly yours,
,\~VJAMES V. FARERIj [email protected]
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cc: Chestnuthill Township Board of SupervisorsJackson Township Board of SupervisorsEldred Township Board of Supervisors
. Ross Township Board of SupervisorsPolk Township Board of Supervisors
