MINUTES OF THE TUNKHANNOCK TOWNSHIP BOARD OF SUPERVISORS’
REGULAR MEETING DECEMBER 10, 2007.
The Tunkhannock Township Board of Supervisors held a Regular meeting on December 10, 2007. Those in attendance were Supervisors' Richard Van Noy, Jim Sterrett, Francis Altemose, II, Assistant Secretary Maria Wieand, Zoning Officer Kate Lambert, Assistant Treasurer Bev Riker, Solicitor Ed Scacchitti, and area residents. Chairman Van Noy called the meeting to order at 7:00pm.
An executive meeting was held prior to December 10, 2007 meeting for legal and personnel reasons.
The following minutes were presented:
November 13, 2007 Regular Meeting
November 29, 2007 Budget Work Session
December 1, 2007 Budget Work Session
December 3, 2007 Work Session
Supervisor Altemose, II made a motion to accept the minutes and it was seconded by Supervisor Sterrett.
Marie Rivera- Correction to the November 13, 2007 minutes she asked why is there a $140,000 discrepancy in the balance from what was reported in the Treasurers Report on the November 13, 2007 minutes and why she hasn’t received an answer yet? Our accountant will be here December 11, 2007 and once we have reviewed the numbers the Assistant Treasurer will have a report attached at the end of the month to correct this discrepancy.
After comments and the above listed corrections were made to the November 13, 2007 minutes, the motion passed unanimously.
Public Comments concerning items on Agenda:
Mike Gillen: Commented a Union contract is not discussed before it is settled, not with the general public or with people outside the bargaining union in the middle of the contract. He would like to know why are we doing this here.
Solicitor Scacchitti responded: It’s on the agenda tonight for that reason, the union ratified the contract which has not been adopted or approved by the Supervisors. It’s on the agenda tonight as a procedural issue. Tonight we will take a vote in order to get back to the bargaining table with the Union. (No public hearing is necessary)
Sean Stevens- Open Space has that been approved, he thought that was tabled at the last meeting. When will impact fees be addressed for incoming new home buyers? Supervisor Altemose, II responded. We own the Kim Property and rather than give that to them free or if we can get guaranteed money for the Silver Community (Mears) property or get moved up on the list to acquire the property then we can consider the Kim property for DCNR. (Department of Conservation and Natural Resources).
Marjorie Nowinski- Commented that every property that is taken off the tax roll is spread amongst tax payers. The board explained yes the farmland assessment comes off but we lose $500,000 to the school that the tax payers would end up paying.
Bob Schroko- asked that anyone speaking would they please stand up so everyone can hear them.
Matters Arising: The 2008 reorganizational meeting will be on January 7, 2008 at 4:30pm.
Treasurer's Report: Bev Riker presented the Treasurer’s report
General Fund: Receipts $91,536.45
Disbursements $36,774.02
General Fund Balance: $213,319.22
Liquid Fuels Balance: $287,897.27
Motion by Supervisor Altemose, II to approve the Treasurer’s report, and it was seconded by Supervisor Sterrett. Sean Stevens asked if we just approved the bills. Chairman Van Noy responded: we just read the Treasurers’ report and the bills will be presented next for a vote.
Bill List: Bills in the amount of $52,573.76 were presented. Motion by Supervisor Altemose, II to approve the bill list, and it was seconded by Supervisor Sterrett.
Questions on the bill list:
Marie Rivera- Questioned the bill amount difference on the Treasurers report verses the bill list. The treasurers’ report reflects $36,774.02, the bill list $52,573.76 and why doesn’t the ending months balance become the opening balance for the following month? Why is Hanson being paid from both Liquid fuels and Capital Reserve? Chairman Van Noy Responded: We have exhausted our liquid fuels for 2007 and took the remaining due for the paving from the Capital Reserve in order to leave a small balance in liquid fuels for 2008.
After comments and questions the motion passed unanimously.
Announcements:
The proposed budget is available for the public to review prior to its adoption on December 26, 2007 and note the Township millage will not be increased for 2008. In fact we have Clymer library back to their full 1 mil from the ¾ mil they were given last year.
Township Offices will be closing at 12:00pm Monday 12/24/07
Township offices will be closed Tuesday 12/25/07
Township Offices will be closing at 12:00pm Monday 12/31/07
Township offices will be closed Tuesday 1/1/08
Chairman Van Noy read the meeting schedule.
Old Business:
- Proposed DCNR interest in purchasing the Kim Property from our Township.
This property would create a continuous Greenway for the Department of Natural Resources if they were to purchase the Kim property from the Township it would increase our funds for future open space projects like the Silver Company. Supervisor Altemose made a motion stating any agreement drawn between the Township and DCNR will be contingent upon Tunkhannock Township receiving the DCNR (Department of Conservation and Natural Resources) grant for the Silver Company Property with a minimum of 50% of the matching money that we will get from the county. Seconded by Supervisor Sterrett, there being no comments or questions the motion passed unanimously.
New Business:
- Proposed Advertising for Conditional Use Hearing Jo-Ker Property.
Authorization to advertise for a Public Hearing on Wednesday December 26, 2007 at 5:00 p.m.for the Proposed Conditional Use of Jo-Ker Property at Route 115. A motion by Supervisor Altemose, II was made and seconded by Supervisor Sterrett there being no comments or questions the motion passed unanimously.
- Proposed Municipal Service Agreement with Guardian Inspection Services.
The proposed Inter-municipal agreement with Mount Pocono Borough, Paradise, Tobyhanna, Tunkhannock Townships with Guardian Inspections has been reviewed.
Zoning Officer Lambert commented that the Joint Building code board will meet on January 3, 2008 to complete the contract and have all the changes back to the Townships for the reorganization meeting. A motion to approve the drafted agreement was made by Supervisor Altemose, II, seconded by Supervisor Sterrett and there being no comments or questions the motion passed unanimously.
- Proposed Holiday Schedule for 2008 to include 14 Holidays (see attached dates) a motion by Supervisor Altemose, II, was made and seconded by Supervisor Sterrett. There being no comments or questions the motion passed unanimously.
- Proposed Board of Supervisors’ 2008 Meeting Schedules was presented (see attached dates). A motion by Supervisor Altemose, II, that the Board of Supervisors will meet the second (2nd) Wednesday of the month for Regular meeting and the fourth (4th) Wednesday for the month for a Work Session at 7:00pm. Seconded by Supervisor Sterrett and there being no comments or questions the motion passed unanimously.
- Proposed Sewage Fee Changes for 2008. A recommendation was made by the Sewage Enforcement officer to increase the sewage fees for 2008 based on time and materials needed to complete the application and testing. A motion to adopt Resolution #2007-114 approving the new sewage fee schedule effective January 1, 2008 was made by Supervisor Sterrett and seconded by Supervisor Altemose, II.
After comments and questions the motion passed unanimously.
- Proposed Resolution for five (5) member board on the Ballot. A motion by Supervisor Sterrett to adopt Resolution 2007-115 to place the question on the April primary election to read:
Should two additional Supervisors be elected to serve in this Township?
___Yes
___No
Chairman Van Noy made a statement to inform the public that during a primary election the majority of the independent voters won’t be coming to vote in the primary election and during a presidential election the statute states it can only be placed on the ballot during a general or municipal election as stated in section 402 of the Second class Township Code. Supervisor Sterrett made a motion to withdraw the resolution, seconded by Supervisor Van Noy. Two in favor and Supervisor Altemose voted no. After comments and questions the motion passed on a vote of two to one to withdraw Resolution 2007-115.
- Proposed vote to adopt the Union Contract for the DPW Department. Chairman Van Noy commented although he can not discuss the terms of this contract with the general public and I would if I could. This contract has many flaws and it’s not fair to the employees. Solicitor Scacchitti informed the public that a Federal & State mandate to bargain in good faith unless and until the Township and Union vote by majority to adopt the terms of the agreement. Solicitor Scacchitti stated there is no contract and we will take a vote on this contract now to determine if we have a contract since we don’t have one as of yet. A motion to vote on the contract was made by Supervisor Sterrett and seconded by Supervisor Altemose even though he feels this contract was not done properly. Based on this information the Chairman called for a roll call vote to adopt the contract for the Department of Public Works.
Supervisor Sterrett-YES, Supervisor Altemose, II-NO, Chairman VanNoy-NO this motion failed on a roll call vote two against and one in favor.
Supervisor Sterrett asked for the floor before going to public comments and handed out a packed about the Trailer and explained his understanding and comments for being crucified abut this purchase as well as Supervisor Altemose. (see attached packet) Chairman Van Noy stated the contract that was signed does not mention the Trailer and this contract is a standard form done yearly by the Chairman of the Board. What is the public purpose of this trailer, and yes I did sign the check for the trailer and it was to the Commonwealth of PA and in June he did know about it then and had an obligation to sign the check at that time.
Public Comments:
George Ewald- (Sewage fees) Do we get this back in reimbursement from the state?
Resident-It’s a wash but new people are paying $200 more, how much does it actually cost to do and how much time does it take you? Bev Riker response was 11 to 12 hours in total for testing, inspections, application review, construction and installation fees are all included in the application fee. Chairman Van Noy responded we are collecting our portion up front because we wait forever to get reimbursed from the state, so we are decreasing the revenue portion of the budget $20,000 and increased the expense part so it’s a wash but the new applicants are paying the additional fees.
Sean Stevens- Did the Supervisors’ approve the Resolution? During the meeting I will inform you of a group of residents who have their own solicitor and are actually within four (4) to five (5) weeks of filing the appropriate charges. If we have three (3) that can’t get along imagine five (5), we should just get rid of two (2) and have one (1).
Marie Rivera- What is the boards reasoning for wanting five (5) and will it do us any good? What’s your opinion and why are you in favor of it. Supervisor Van Noy said you know his opinion he will vote no and as for the others he can’t speak for them. Supervisor Sterrett asked if we were told this can only be held during a general election, yes which means 2009. Supervisor Sterrett replied in fairness to all independents he withdraws the motion. Supervisor Altemose response it’s not perfect but its acceptable Jim, nothing is perfect in this world.
Jim Davenport- what’s the big rush we have a new Supervisor elected and she’s being eliminated from this discussion and she should be included.
Kevin Mclaughlin- How many Supervisors are on the board in surrounding Townships? Tobyhanna, Coolbaugh have five (5) and the others are three (3).
Ray Schwartz- Sometimes when people aren’t happy with results from their government they think restructuring the thing will make the change and in fact structure isn’t the issue it’s the people on the board. Going to five (5) won’t resolve some of the issues that people are concerned with.
Jim Davenport- Can we have a show of hands or straw pole of who is in favor. Chairman Van Noy asked for a hand vote it was two (2) people for five (5) on the board others three (3) of approximately thirty five people (35).
Marie Rivera and Hank Dannecker asked how can we adopt a budget if the Union contract hasn’t been agreed upon yet. We will live within the operating budget.
Marge Nowinski- Why does the Roadmaster need a truck and why does he continue to drive this all over the Township after hours and even out of the Township for personal use?
Ray Schwartz- Asked if we have a confidentiality agreement with both sides that are negotiating? NO
Peg Yencho- I do believe it starts with you three (3), when you don’t agree that’s why the residents brought up the five (5) member board people are always getting locked out. The tone of this environment and this whole community is set by you three and how well you three get along. People are frightened for their jobs when people don’t get along. Discord on the board with the chairman and the other supervisors it sets the tone for the rest of the residents in this community.
Irving Midgett- When was the contract ratified and by whom? Mr. Sterrett did and about two to three weeks ago.
Steve Kager- The upsetting information that got out to the public was the percent, the rumors of what salary increases are being asked is ridiculous and most importantly is how it is being done.
Sean Stevens- is it possible that Mr. Sterrett will tender his resignation and Mr. Altemose? Why are we talking to the DPW about a contract? Solicitor Scacchitti explained the DPW department can become a Union and once they organize which they did, it is a Federal and State mandate to bargain in good faith unless and until the Township and Union vote by majority to adopt the terms of an agreement.
Can the agenda and minutes be ready a week prior to the meeting so we can have time to review them in advance? Can the agenda be posted on the website?
Sean would like to announce the Township concerned Citizens have a group called Physically concerned Tunkhannock Citizens, Inc. They have a solicitor who is taking the case on a pro- bono basis. Why was Donna Verdes paid and why is she getting benefits until February 2008?
She is under doctor’s care and with the advice of the solicitor they decided to do this as opposed to the possibility of a law suit or workers comp which would be more costly to the Township.
There was no further business, a motion to adjourn was made by Supervisor Sterrett and seconded by Supervisor Altemose, II and the motion passed unanimously. The meeting adjourned at 8:45 pm.
Maria Wieand
Assistant Secretary