December 9, 2009
Call to Order
Chairman Maureen Sterner called to order the regular meeting of the Tunkhannock Township Board of Supervisors at 7:00 pm on December 9, 2009 in the Municipal Building, Long Pond Road. Chairman Sterner announced all members are present: Supervisors Jim Davenport, Fran DePiano, Secretary/Treasurer Maria Wieand, Solicitor Dan Lyons, and area residents.
Minutes
Secretary Wieand presented the minutes from the November 12, 2009 Budget Work Session
November 12, 2009 Regular Meeting, November 18, 2009 Budget Work Session, November 18, 2009 Public Hearing/Special Meeting, and November 18, 2009 Work Session. Chairman Sterner corrected the 11/12/09 budget work session minutes to read keeping our cost the same not hours under paragraph two of items of discussion. The regular meeting minutes to read as follows under the Treasurer’s report: the current proposed budget rather than current budget. The work session minutes from 11/18/09 in the second to last paragraph under Stoltzfus that Zoning Officer Lambert send a final certified letter with deadline reminder and she is to follow the Ordinance for any violations to the transient merchants ordinance. Supervisor DePiano made a motion to accept the minutes as corrected, seconded by Supervisor Davenport. After comments and questions clarifying corrections were understood, the motion passed unanimously.
Executive Meetings
Held after the November 18, 2009 meeting for personnel issues, December 2, 2009 for personnel issues and after tonight’s meeting for legal issues.
Public Comments
There were no comments pertaining to the agenda items at this time.
Bill List
The bill list for December 9, 2009, in the amount of $29,667.18 was presented by Treasurer Wieand. A motion by Supervisor DePiano to approve the bills presented for $29,667.18 to be paid, seconded by Supervisor Davenport. There being no comments or questions the motion passed unanimously.
Treasurer’s Report
Treasurer Wieand presented the ending balance on 10/14/09 was $239,158.34 income from October 15 to 31st for $50,793.17 and from November 1 to November 31st in the amount of $84,092.55 bringing the total to $374,044.06. Payroll and liabilities for October were in the amount of $27,926.98, and for November $28,359.08. Time sensitive bills from 10/15 to 11/11 were in the amount of $14,479.21, 11/14 to 11/30 in the amount of $31,023.69 along with bills presented on 11/12/09 in the amount of $34,861.66 will leave a balance in the general account of $237,393.44 as of November 30, 2009. Treasurer Wieand reviewed the current year’s budget and areas that we exceeded our income amount and reviewed the areas that we were still short in income. The final budget was advertised for review by the general public and copies were available for anyone who didn’t get one, and noted the adoption will take place on 12/23/09 after the Public Hearing/Special meeting for Ordinance adoptions. Supervisor DePiano made a motion to accept the Treasurer’s report as read, seconded by Supervisor Davenport. There being no comments or questions the motion passed unanimously.
Announcements
Secretary Wieand read the following announcements: Solicitor Niemoczynski filled the praecipe to settle and discontinue civil action of Vincent Alfano, ET AL., Plaintiffs -vs- Tunkhannock Township Board of Supervisors over Tunkhannock Trails II roads. A roundtable will be held on 12/15/09 on Trails and Greenways at the Monroe County Conservation District. The LSA (Local Share Act) funding will be delayed for distribution until February 2010. Mr. Steve Kager resigned from the EAC (Environmental Advisory Committee) as of 12/7/09.
Action Items
Solicitor Lyons gave his legal advice on the electricity contracts. Today, Supervisor elect Ewald had supplied Secretary/Treasurer Wieand with additional suppliers to look into. The Board would like to research the additional companies and hold off on deciding until 12/23/09, and obtain new supplier by 1/1/2010.
The December 1, 2009 deadline for Phase II of the Stoltzfus Land development was not received. Supervisor Elect Delese asked if we could grant Mr. Stoltzfus an extension until the first of the year, because he spoke with him and he does want to proceed with plans for his property. Solicitor Lyons indicated the Township should either grant another extension or revoke plans that were submitted. A motion by Supervisor DePiano to grant Samuel & Barbara Stoltzfus to have revised plans to the Township by December 31, 2009. Seconded by Supervisor Davenport. Comments and questions were addressed and Solicitor Lyons indicated he will inform Mr. Stoltzfus via certified mail. There being no comments or additional questions the motion passed unanimously.
Old Business
Secretary/Treasurer Wieand noted the “Top of the Mountain” Peer to Peer Study Project final report dated November 2009 was received this week and noted the highlights of the packet to the Board. She also indicated Coolbaugh Township is not interested in this project according to the notes in the report. Tobyhanna and Tunkhannock will be the Townships deciding on how they would like to proceed with park/recreation and open space projects in the future.
Open Space lands were tabled for review at this time. The Board reviewed the memo from Dot Trauger concerning the Highway occupancy permit for the Silver Property and the destruction of the Trailer and fencing on the Kim property. A motion by Supervisor DePiano to apply for a highway occupancy permit for the entrance off Route 115 to the Henning Greenway (Silver) property. Seconded by Supervisor Davenport, there being no comments or questions the motion passed unanimously. The Board would also like to have Roadmaster Counterman determine the cost estimate to remove the fencing at the Bull Pine property and include manpower and equipment.
New Business
According to section 917 of the Second Class Township Code, the Board of Supervisors may contract with a certified or competent public accountant or firm, either of which shall make an examination of all accounts for the Township for the fiscal year stated in the resolution. After advertising in the local paper we have received 3 proposals from the following:
Zelenkofske Axelrod, LLC $10,500.00
Kirk, Summa & Co, LLC $4,900.00
France, Andersen, Basile & Co, PC $4,800.00
Supervisor DePiano motioned to adopt Resolution 2009-178 appointing the accounting firm of France, Andersen, Basile & Co, PC to audit the 2009 finances of Tunkhannock Township and to advise the Board with any financial issues concerning the 2009 year. Seconded by Supervisor Davenport, Treasurer Wieand indicated she met with those interested and felt very comfortable with all, but would recommend a change because of price and since we had Kirk Summa & Co, LLC for over 7 years and a new set of eyes wouldn’t be bad. Supervisor DePiano agreed and recommend the Township appoint a new CPA. After comments and questions the motion passed unanimously.
Several letters of interest have arrived for the vacancies on the EAC and Planning Commission Boards. Supervisor Sterner made a motion to appoint Irwin “Buddy” Yapko to serve on the EAC replacing the term for Jim Shelton, and Louis Freeman replacing Janet Shelton’s term until December of 2012. Seconded by Supervisor Davenport, there being no comments or questions the motion passed unanimously. Supervisor Davenport resigned due to a conflict of interest with two supervisors being on the Planning Commission after Supervisor DePiano was appointed to fill Van Noy’s seat. James Davenport requested the Board reappoint him to his position on the Planning Commission now that he won’t have a conflict any longer. Motion by Supervisor DePiano to reappoint James Davenport to fulfill his term on the Planning Commission effective January 2010 and until December of 2012. Seconded by Supervisor Sterner, there being no comments or questions the motion passed unanimously.
Outdoor Wood Burning Furnace Amendment to Zoning was reviewed and the following changes were made by the Board. FUEL- Natural wood that has been recommended or provided by the manufacturer. Item A will be changed to reflect 90 feet from any road right-of-way. Once the corrections are made, Solicitor Lyons will review the final copy and this will be placed on the 12/23/09 work session for advertising for Public Hearing/Special Meeting.
Treasurer Wieand presented the resolutions required to complete the adoption for the LST Tax. First resolution will be to appoint Berkheimer as the collector from 1/2010 until 12/2012, second resolution to appoint Berkheimer as the collector of Delinquent taxes with fee approval, the third resolution for appointing a liaison between the Township and Berkheimer, and the last to appoint Berkheimer as its tax hearing officer. Supervisor DePiano made a motion to adopt the following Resolutions: Resolution 2009-174 appointing Berkheimer to administer and enforce the Local Service Tax, Resolution 2009-175 authorizing and empowering Berkheimer to impose and retain costs or collecting on delinquent taxes, Resolution 2009-176 appointing the Secretary/Treasurer of the Township to be a liaison between Berkheimer and the Township for sharing confidential tax information with the district for official purposes, and Resolution 2009-177 appointing Berkheimer as its hearing officer. Seconded by Supervisor Davenport, there being no comments or questions the motion passed unanimously.
Pending
Solicitor Lyons presented the Board with a letter from Donna DeVita regarding the Moyer property title. Secretary/Treasurer Wieand will send a letter as indicated by Solicitor Lyons to Keith Weller.
E911 readdressing Street Name Resolution still pending.
Proposed E911 property Signs still pending.
2010 Proposed Fee Schedule still pending.
Proposed Building Code appointment and fees are still under review.
Public Hearing/Special Meeting 12/23/09 @6:30pm to review Proposed Ordinances: Windmill Ordinance, Tree Preservation Ordinance, amendment to the SALDO Ordinance 2005-101, and Amendment to Stormwater Ordinance 2006-101 and the 2010 budget adoption.
Reports
Reports were given by the Supervisors, committee chairs and Secretary/Treasurer Wieand.
Ellen Lott was asked by Supervisor DePiano to review what had occurred at the Planning Commission meeting earlier today. Zoning Officer Kate Lambert’s proposed a change for wetland setbacks which opened the door to discussion and input from the Monroe County Conservation District, the Tobyhanna & Tunkhannock Creeks Watershed Association and the Tunkhannock Township Zoning Hearing Board. This was an excellent way to get all committees working together and hopes this will continue in the future.
Public Comments
Gil Werner advised the Board that the Township office staff, especially Kate Lambert, has been very accommodating in working with him on issues in Emerald Lakes. Also, Dot Trauger for her help with the emergency evacuation plan with the EL Dam.
Hank Dannecker asked how many police hours have we purchased this year and what does a Unit consist of? We purchased 21 units; one unit is equal to 40 officers for 40 hours.
Ellen Lott noted that TNC had several inquires for the maps and use of the Open Space lands, and wanted the Board to know the properties are being used and they appreciate our help in preserving land.
Adjournment
There being no additional comments or questions the meeting adjourned at 8:40pm, on a motion by Supervisor Davenport, seconded by Supervisor DePiano and carried unanimously.
Maria S. Wieand
Secretary/Treasurer