The Tunkhannock Township Board of Supervisors held their regular monthly meeting on April 7, 2004. Those in attendance were Supervisors Francis Altemose, II, Jim Sterrett and William Bourke, Alternate Solicitor Ed Scacchitti, Secretary Donna Verdes, and area residents. Chairperson Altemose, II called the meeting to order at 7:32 PM.

The following meeting minutes were presented: March 3, 2004 regular monthly meeting, March 4, 2004 public meeting, March 17, and April 5 work sessions. Motion by Chairperson Altemose, II, to dispense with the reading of the minutes and approve as written. Motion seconded by Jim Sterrett and carried unanimously. Chairperson Altemose announced that Executive Sessions were held after the March 17 work session and before the April 5 work session for personnel and legal reasons.

Matters Arising: Supervisor Bourke re: March 3^rd meeting. The monthly telephone & Toby Oil information will also be ready for the next meeting. Regarding the Brodhead & McMichaels Creed Watershed Terry Willard at the March 3^rd regular meeting while discussing Act 167 - said the buffer zone was 150 yards it actually is 150 feet.

Chairperson Altemose, II announced that since we have had problems identify people on the tapes, anyone who wanted to comment would need to stand and state their name so that their comments could be heard.

Treasurer's Report: Treasurer Donna Verdes presented the Treasurer’s report

General - Receipts $133,549.47

Disbursements $ 86,735.97

General Balance $460,899.05

Liquid Fuels - Liquid Fuels Balance $501,147.95

Motion by Supervisor Bourke to accept the treasurer’s report, motion seconded by Chairperson Altemose, II. After comments, motion carried unanimously.

Bill List: The bill list was presented. Bills in the amount of $76,020.43 were presented. Motion by Supervisor Bourke to pay the bills, motion seconded by Vice-Chairperson Sterrett. After comments, motion carried unanimously.

Announcements: Read by Supervisor Bourke. The Clymer Library Representative position was available as well as an Alternate Engineer. We were taking applications for Percolation Technicians. Local Government week and Building Safety week were cancelled due to time constraints and not enough interest. Senior League Baseball Field request for Sundays & Wednesday PM April - September there is no conflict so they have been put on the schedule. Vice-Chairperson Sterrett announced that if no one takes the Clymer Library Representative position by the following week that with the other Supervisors approval that he would volunteer to take the position. Chairperson Altemose made a motion to accept Jim Sterrett as the Clymer Library Representative. Motion seconded by Supervisor Bourke. With no further questions or comments, the motion was passed unanimously.

The meeting schedule for March was read with corrections to the Regional Police Meeting being held at Tobyhanna not at headquarters and that there might be an additional meeting on April 26 at 7:00 p.m. in regard to the Regional Comprehensive Plan in Tobyhanna. Also the Building Codes Committee Meeting is not until June 17.

Old Business: Chairperson Altemose announced that there were numerous entries and the Supervisors had chosen Braylynn Walker entry as the contest winner.

Chairperson Altemose, II introduced the SMA Cingular Wireless representative Attorney James Mitchell. He discussed five (5) things that have changed since last time they were before the Supervisors. One is they surveyed the distance from the tower to Route 80 and determined using a surveyor that it is more than 110% of the height of the tower from the shoulder, travel lanes. Two: Copies of the plans were sent PennDot. PennDot reviewed them and supplied them with letter that they had no objections to the extension of the tower and had supplied Tunkhannock Township with copy of letter. Three: They added Tunkhannock as the additionally insured and has certificate. Fourth: Cingular will enter into an Hold Harmless Agreement where Cingular will indemnify the Township against any claims arising relating to the tower. Fifth: SBA the owners of the tower would also enter in to that agreement in terms of the amounts of $5 mil per occurrence and $10 mil total. It is a large amount of insurance. After comments and questions from solicitor and audience including a statement from Attorney Mitchell that the owner of the adjoining property, Mr. Connors had shown no opposition to the tower extension. Chairperson Altemose, II made a motion to withdraw the appeal against the Zoning Hearing Board Decision in respect of the SBA/Cingular Wireless Cell Tower Extension subject to opinion letter from the Township Solicitor. Vice-Chairperson Sterrett seconded. In the absence of any further comments. Motion carried unanimously.

Chairperson Altemose, II announced that, the time frame required for Planning Commission deliberation before this meeting, on the previously proposed zoning amendment could not be met. Therefore, Chairperson Altemose, II made a motion to schedule and advertise a Public Meeting on Wednesday, May 5, 2004 at 7:30 p.m. to consider a proposed amendment to the Tunkhannock Township Zoning Ordinance 2003-108 Section 3.124 Manufacturing. Seconded by Vice-Chairperson Sterrett. After questions and comments. Motion carried unanimously.

Motion by Chairperson Altemose, II to adopt Ordinance 2004-104, An ordinance to Adopt Provisions of the Pennsylvania Construction Code, Act 45. Seconded by Vice-Chairperson Sterrett. After questions and comments, Motion carried unanimously.

New Business: Supervisor Bourke explained that for the 2004 Spring Bulk Trash the Township put out for bids using the Township specs for 40 yard containers for metal, non metal and tire containers. It was stipulated that we would require 8 containers for non metal, 3 containers for metal and 2 containers for the tires. We compiled bids by company because a company gave us an all encompassing number for all three. Our numbers are based on the amount of dollars per pull plus what the dollar figure is for the tonnage at the landfill. We based it on 9 tons/40 yard container which is the average in the industry. Combined bids were as follows:

Keystone Sanitary Landfill, Inc. $11,638.60

CCI Waste & Recycling Service $ 9,565.80

Waste Management $10,228.00

Carbon Service Corp. $ 9,380.00

J.P. Mascaro & Sons $ 8,110.00

Supervisor Bourke made a motion to award the Spring Bulk Trash Bid to J.P. Mascaro & Sons. Seconded by Supervisor Sterrett. After comments and questions. Motion carried unanimously.

Chairperson Altemose, II stated that in the budget we had money set aside for a tandem truck.. It was agreed upon what truck to buy equipped to the specs best suited to the township. Motion made by Chairperson Altemose to order a Volvo Tandem 20 ton truck to be financed over 60 monthly payments of Approx. $2,061.76/month with an interest rate of 2.5%. Seconded by Bill Bourke. Responses to questions as follows: The truck is being bought under the PACC program therefore it didn't have to go out for bid. Supervisor Bourke advised that we are financing the truck rather than taking the approx. $127,000 out of the reserve fund because we are receiving 5% interest with the reserve fund and are only paying 2.5% financing the truck. Therefore it didn't make sense to take all that money out of the Capital Reserve Fund. After further comments. Motion carried unanimously.

Chairperson Altemose, II advised that the Township Open Space Committee & Joint Open Space had no meetings. Pocono Mountain Council of Government had their dinner and discussed Act 167 and bidding of materials. Terry Willard gave an overview of Act 167 and stated that he needed to research this further and as of right now the County has not approved Act 167. Chairperson Altemose gave report on the EMS situation. Chairperson Altemose stated that the Clymer Library minutes were posted in the lobby for anyone who wanted to review them.

Vice-Chairperson Sterrett stated that the Township Planning Commission Report and Minutes were posted.

Supervisor Bourke gave reports on the Regional Comprehensive Land Use Plan, Building Cold Enforcement and Pocono Mountain Regional Police.

Terry Willard announced that the report for the Tobyhanna/Tunkhannock Creed Watershed was posted on the door.

There being no further business, Chairperson Altemose opened the floor to comments. Terry Kline passed. Mae Kline passed. Marjorie Nowinski commented on the cell phones and high telephone expenses and wanted the cell phones eliminated. Patricia Moore wanted an update on the investigation regarding Bethlehem Water Authority and the tree situation and suggested that the investigation should be closed prior to purchasing the adjoining land from them. In regard to the investigation it is still on going but the Supervisors could give no particulars. Peggy Yencho had a question about the sign on Kuhenbeaker & Long Pond. The Stop sign used to say except for right turn. The sign was removed. Was informed that it was a state sign and the Township had nothing to do with it and PennDot should be contacted. Mike Gillen commented on the not junk yard junk yard on 115. He also stated that he has been watching the guys working on Mountain Road and they are doing a very nice job. Debbie Parker thanked the Board and Bruce Walder in regard to Mountain Road and the bus turnaround. She mentioned that they would be submitting their plans shortly regarding the gate switching. Dick VanNoy wanted to mention that BCW still needed the signs from PennDot for Rt. 903. Bruce is still working on it with PennDot. Betty Terrell-Cruz wanted to thank everyone involved for fixing the school bus turnaround and wanted clarification regarding the investigation of BWA and the trees. She also discussed a bus route expansion up to Rte 115 and wanted to know if a petition could be placed in the lobby that people could sign saying they wanted to ride the bus. Permission was granted. George Ewald requested to be informed of any meetings regarding the purchase of the Henning property and suggested other properties that might be more worthwhile for the Township to purchase. He stated that there were two fires this week and one the week before and mentioned that we were coming into the dry season. He stated that we people need to be careful and practice safety and the Firehouse Breakfast is on April 25. George Henning wanted to know why the State police was involved in the BWA investigation. Due to possible conflicts of interest the it was decided that the State Police should handle the investigation.

There being no further comments, Chairperson Altemose, II motioned to adjourn and Vice-Chairperson Sterrett seconded. Motion carried unanimously. The meeting ended at 8:32 p.m.

Donna Verdes

Secretary