MINUTES OF THE TUNKHANNOCK TOWNSHIP BOARD OF SUPERVISORS

 REGULAR MONTHLY MEETING APRIL 9, 2008

The Tunkhannock Township Board of Supervisors' held their Regular Meeting on April 9, 2008.  Those in attendance were Supervisors Richard G. Van Noy, Maureen Sterner, Supervisor James Davenport, Secretary/Treasurer Maria Wieand, Solicitor Dan Lyons, and area residents.  Chairman Van Noy called the meeting to order at 7:05pm. 

Minutes Presented:               March 26, 2008 Special Meeting

                                                March 26, 2008 Work Session

                                                March 31, 2008 Special Meeting

Motion by Supervisor Sterner to approve the minutes and seconded by Supervisor Davenport.

There being no comments or questions the motion passed unanimously 

Executive Sessions were held:

Prior:  

Subsequent:    March 26, 2008             Re: Personnel/Litigation

                        March 31, 2008             Re: Personnel/Litigation 

Comments or Questions on Agenda items:              None 

Matters Arising:         None 

Treasurer's Report:    

 Motion by Supervisor Davenport to accept the Treasurer's Report, and seconded by Supervisor Sterner. After comments and questions, the motion passed unanimously. 

Bill List:

Maria Wieand presented the bills for $60,900.38. A motion by Supervisor Sterner to pay the bills and seconded by Chairman Van Noy.  Comments and questions were addressed and the motion passed unanimously. 

Announcements:        The May 14, 2008 meeting will need to be moved because of the PSATS convention. Supervisor Davenport made a motion to adopt Resolution 2008-130, changing the May Meeting from May 14, 2008 to May 7, 2008 at 7 pm.  Seconded by Supervisor Sterner, there being no comments or questions the motion passed unanimously.                      

Chairman Van Noy read the meeting schedule. 

Old Business:

-                      Awarding of Bulk Trash bids for Spring & Fall 2008

After advertising and the opening of Bids on March 26, 2008, the following bid will be awarded:

A motion by Supervisor Sterner to award Waste Management the Trash & Tire pick up and Carbon Service Corp. the metal.  A second was made by Supervisor Davenport and after comments and questions, the motion passed unanimously. 

-                      Intergovernmental Cooperative Agreement    Tabled until work session

-                      Top of the Mountain Open Space “Creekview”

Top of the Mountain Open Space Committee will be applying for an 84-acre partial adjacent to the Austin T. Blakeslee Natural Area, and our Township has been asked to help with the application process.  A motion by Supervisor Davenport to allow our Planning and Grants Administrator to complete the grant filing on behalf of the Top of the Mountain Open Space Committee and recommending the EAC (Environmental Advisory Committee) review the property and participate in the joint planning with Tobyhanna Township.  Seconded by Supervisor Sterner and after comments and questions the motion passed unanimously. 

-                      Pocono Mountain Little League ball field use

Ms. Barbara Ehlmann, President of the Pocono Mountain West Little League is requesting use of the Ball fields from April 16, 2008 until Mid-June with a few extra weeks for add-on and make-up games from 5pm to dusk, Monday through Sunday. Supervisor Davenport made a motion to allow the Pocono Mountain West Little League, Inc. use of the Tunkhannock Township Ball fields for their 2008 season, Monday through Sunday 5pm to dusk, with a copy of their Liability Insurance Certificate # 2382909-1 maintained on file. Seconded by Supervisor Sterner there being no comments or questions the motion passed unanimously.  

-                      Stoltzfus Land Development Plan

Samuel Stoltzfus was present and Solicitor Lyons asked Mr. Stoltzfus if he understood the letters that were sent to him.  If a  bond or letter of credit is not presented to the Township, before the May 7, 2008 meeting.  The conditional approval for his land development will be denied for not meeting the requirements set forth at the October 25, 2007 special meeting at our May 7, 2008 meeting if a bond or letter of credit from his bank is not received. 

            -           Open Supervisor Representative Positions

The following openings need to be addressed for the remainder of the 2008 meeting for Supervisor Representation:

Planning Commission Supervisor Representative, Agricultural Security Advisory Supervisor Representative,

Tobyhanna/Tunkhannock Creek Watershed Association. Supervisor Sterner made a motion  to appoint Supervisor Davenport to the Planning Commission, Agricultural Security Advisory, and Tobyhanna/Tunkhannock Creek Watershed Association.  Seconded by Chairman Van Noy, there being no comments or questions the motion passed unanimously. 

-                      Open Committee Vacancies

The following vacancies are to be filled: Emergency Management Coordinator, Building Hearing Board Resident at Large, one EAC Member and two alternate EAC Member’s. Supervisor Sterner made a motion to appoint William Byron as acting Emergency Management Coordinator, Alicia Siglin EAC member, William Hanna and Hank Dannecker as alternate EAC Members.  

-           Silver Property Open Space, Tunkhannock Trails Litigation and Cuadra Notice.

These will be discussed in an executive session at the end of business meeting tonight. 

-                      House Bill 2018

The Tax-exempt Property Municipal Assistance Act:  Municipalities would qualify for assistance if their tax-exempt properties make up more than 17 percent of their total assessed property value.  No new tax would be created by bill; the money would come from the state’s 1936 Johnstown Flood Liquor Tax.   After our Solicitor researched the Tax-exempt Property Municipal Assistance Act.  Municipalities would qualify for assistance if their tax-exempt properties make up more than 17 percent of their total assessed property value.  Supervisor Sterner made a motion to support House Bill 2018 and to have our Secretary send a letter of support to all those involved. Seconded by Supervisor Davenport, there being no comments or questions the motion passed unanimously. 

New Business:

-                      Advertising for Sewage Enforcement Officer and Alternate Solicitor

Supervisor Sterner made a motion to advertise for a SEO and Alternate Solicitor. Seconded by Supervisor Davenport and after comments or questions the motion passed unanimously. 

-                      Brennan Joinder Deed

Jeffrey M. and Bennie D. Brennan are requesting permission to join two (2) lots on Route 115.  Tax code No.: 20/12/1/9 and 20/12/1/9-1.  The proposed deed has been reviewed by the sewage and zoning departments, Solicitor Lyons can not review this since he represents the applicants. Supervisor Davenport made a motion to adopt RESOLUTION 2008-128, approving the joining of two (2) lots as follows: Parcel 20/12/1/9 pin#20630300277711 and Parcel 20/12/1/9-1 Pin#20630300271238.  Seconded by Supervisor Sterner, there being no comments or questions the motion passed unanimously.

-                      Camacho Joinder Deed

No action taken and a letter will be sent explaining why. 

-                      Taxpayer Refund for Miguel A. Baez

A letter from the Monroe County Assessment Office requesting taxpayer refund do to error in land classification was received on March 6, 2008.  After review and verification, the board is asked to grant this request.  Supervisor Davenport made a motion to grant the refund of Township taxes in the amount of $106.67 for the 2004 to 2007 years on land owned by Miguel A. Baez  in the Subdivision of Mt. Terrace Estates, parcel 20/96381 Pin # 20632200006416. Seconded by Supervisor Sterner and after comments and questions the motion passed unanimously. 

-                      Pool Use At Tobyhanna Township

After a discussion with the Joint Open Space Committee, it was suggested that Tunkhannock Be offered the option to use the Tobyhanna Park Pool with a membership and trial period.  Supervisor Sterner made a motion to send a letter to Tobyhanna Township to requesting the joint use of their pool with a summer membership fee for the residents of Tunkhannock Township. Seconded by Supervisor Davenport and after comments and questions the motion passed unanimously.           

Reports:

Supervisor Van Noy:     Joint Building Codes – minutes posted

                                    Pocono Mountain Regional Police Board – minutes posted

                                    Pocono Mountain School Board – No report

                                    Tunkhannock Twp. Vol. Fire Co.-Dinner to be held 4/22/08 Election Day, flyers and info will be                                                                                           available soon. 

Supervisor Sterner:       

                                    Emergency Management- no report Acting EMA will be William Byron

                                    Emergency Medical Services-

                                    Dept. of Public Works (DPW) –canopy trimming will be reviewed with Supervisors before any                                                                                           work is done by Township

Pat Kager                     Clymer Library- Donation letters are going out to residents an a grant with Sanofi has been filed  

Mike Gillen                   Pocono Mountain Regional Police- we are down to 309 hours in overage, three (3) Corporals                                                                    were sworn in, $13,500 grant for uniforms was received, and State Police will be                                                             taking over traffic control for the NASCAR races. 

Bruce Walder               Monroe County Task Force - no report 

Dot Trauger                  Township Planning Commission - minutes posted  

Public Comments:

Mike Gillen- passed

Sean Stevens- asked again about shirts for DPW and he was told we already answered that for him at a prior meeting, have we received an answer of the yard and $5,000 for Monroe County Waste Authority. Grant is in progress no information available yet.

Betty Terrell Cruz- Questioned the EMA trailer and did we decide what we are doing with it.

Hank Dannecker- Questioned the DPW yard again and if we have any information from BWA.

Joe Olall- Commented again on windmills and what is required for him to request an ordinance change. He was instructed to present is information to the Planning Commission.

A motion by Supervisor Davenport to go into executive session at 9:03pm seconded by Supervisor Sterner and carried unanimously.  The regular meeting continued at 9:50pm.   

            -           Silver Property 

A motion by Supervisor Davenport to accept the counter offer discuss in executive session for the Silver Property after awarding of the Grant is received with an additional note we are exempt from real estate transfer tax and contingent until  grant is received. Seconded by Chairman Van Noy, there being no comments or questions the motion passed unanimously.           

-                      Tunkhannock Trails II Litigation

Supervisor Sterner made a motion to approve as discussed in executive session the agreement for Tunkhannock Trails II as described by Solicitor Dan Lyons, seconded by Supervisor Davenport.  There being no comments or questions the motion passed unanimously.  

Solicitor Lyons asked where we are with the Moyer property tax questions.  Maria will follow up and check on status. 

A motion to adjourn at 10:00pm was made by Chairman Van Noy, seconded by Supervisor Sterner and carried unanimously. 

Maria S. Wieand

Secretary