The Tunkhannock Township Board of Supervisors

MINUTES OF THE TUNKHANNOCK TOWNSHIP BOARD OF SUPERVISORS

REGULAR MONTHLY MEETING JANUARY 23, 2008

The Tunkhannock Township Board of Supervisors' held their combined Work Session and Regular Meeting on January 23, 2008. Those in attendance were Supervisors Richard G. Van Noy, Jim Sterrett, Maureen Sterner, Secretary/Treasurer Maria Wieand, Solicitor Dan Lyons, and area residents. Chairman Van Noy called the meeting to order at 7:00pm.

Samantha Holbert rescheduled her review for the Top of the Mountain Peer to Peer Projects and asked to be put on the Agenda for the February 27, 2008 work session.

The following minutes were presented:

December 26, 2007 Public Hearing

December 26, 2007 Year End Meeting

January 3, 2008 Special Meeting

Motion was made by Supervisor Sterrett, to approve the minutes and seconded by Supervisor Van Noy. There being no comments or questions, the motion passed two (2) in favor one (1) abstention being Supervisor Sterner was not on the Board in 2007.

The following minutes were presented:

January 7, 2008 2008 Re-Organization Meeting

A motion by Supervisor Sterrett, to approve the minutes and seconded by Supervisor Sterner. There being no comments or questions the motion passed unanimously.

Executive Sessions were held prior to and during the January 7, 2008 meeting for personnel & litigation reasons.

Comments or Questions on Agenda items: None

Matters Arising: None

Treasurer's Report: Maria Wieand explained her financial review of accounts and cost effective procedures that will be instituted for 2008, including a purchase order system. A review of vendors has begun and we have found $362.35 in refunds and/or over payments that are forth coming.

Maria presented the Treasurer's report as follows:

Balance ending 12/31/07 $212,276.35

Income 1/1/08 to 1/22/08 $56,581.18

$268,857.53

Proposed Expenses $48,448.96

General Fund Balance as of 1/23/08 $220,408.57

Liquid Fuels Balance: $5,322.44

Motion by Supervisor Sterner, to accept the Treasurer's Report was made and seconded by Supervisor Sterrett. There being no comments or questions the motion passed unanimously.

Bills in the amount of $48,448.96 were presented.

Questions: Sean Stevens- What is the McDavitt bill for? New nameplates. The T-shirts from last month, did we pay for them or did we get a refund? Mr. Sterrett will research and let Mr. Stevens know.

Motion by Supervisor Sterner, to approve the bill list and seconded by Supervisor Sterrett. There being no comments or questions, the motion passed unanimously.

Announcements: Our Township was featured in the Township News Magazine and our Zoning

Enforcement officer Kate Lambert gave an excellent interview.

Chairman Van Noy read the meeting schedule.

Old Business:

Proposed recommendation to the Inter-Municipal Draft for Building Codes.

Solicitor Lyons reviewed his findings from the information we had given him regarding this draft. He did speak with John Prevoznik who represents Paradise Township and reviewed the amendment to add the Borough of Mount Pocono to the agreement. Solicitor Lyons recommended we appoint Guardian and review our insurance policy. A motion by Supervisor Sterner to appoint Guardian Inspection/Bureau Veritas as our third party building codes administrator and instruct our Secretary to check our insurance coverage and make sure we have an errors and omissions policy. Seconded by Supervisor Sterrett, there being no comments or questions the motion passed unanimously.

Proposed DCNR interest in purchasing the Kim Property from our Township. TABLED

Review letter from Planning on Niharika Land Development and place this on the agenda for February 13, 2008 for proposed approval with conditions as listed and recommended by the Planning Commission. Motion by Supervisor Sterner to place on the February 13^th meeting, seconded by Supervisor Sterrett and carried unanimously.

Proposed Sales Agreement for the Silver Company Property. The Township would like to propose an offer with contingencies to purchase the 91 (+ or -) acres on the corner of Route 115 and Deppners Road. The contingency would be getting the grants to purchase the property. Supervisor Sterner would like to review the file before going ahead with this project. A motion by Supervisor Van Noy to table this until the file can be reviewed and placed on the February meeting. Seconded by Supervisor Sterner and there being no comments or questions the motion passed unanimously.

Review of Outstanding Litigations

Solicitor Lyons explained the Township has two litigations, one being Tunkhannock Trails and the other West End Developers, LLC. These files were received at his office and at the Township, yesterday January 22, 2008. He is recommending the Supervisors break for an executive session to review these cases prior to discussion this evening.

A motion to break for an executive session was made by Supervisor Van Noy, seconded by Supervisor Sterner there being no comments or questions the motion carried unanimously.

Executive session began at 7:30 p.m. and regular meeting resumed at 7:55 p.m.

- A motion to appoint Dan Lyons as Special Council to represent Tunkhannock Township for Tunkhannock Trails and West End Developers, LLC cases and to give him permission to hire a bankruptcy expert to help with the litigation was made by Supervisor Sterner. Seconded by Supervisor Sterrett, there being no comments or questions the motion carried unanimously.

New Business:

Lackawanna County Automotive & Equipment Contract. A motion to table by Supervisor Sterner until the February 13, 2008 meeting was made and seconded by Supervisor Sterrett. There being no comments or questions the motion passed unanimously.

Supervisor Sterner asked if the Board would be taking action in regards to the speed limit on Long Pond Road. Mike Gillen Resident at Large for Pocono Mountain Regional Police Department would like to report on this. Long Pond Road has been accepted as part of the Smooth Operator where the state gives the police department funds to do special patrol. This would be from Route 940 to Route 115 by Regional and State Police for speed enforcement. They currently use the Vascar system and if the laser system becomes approved that would be used. Supervisor Van Noy explained that Regional is researching the use of a system that is digital and records the speed on a board. Supervisor Sterner asked isn’t that something we already have in our DPW department and if we do why aren’t we using it? Supervisor Van Noy stated that Regional should begin this soon as talked about at their last Regional meeting.

Request from the Office of Registration/Elections. A motion was made by Supervisor Sterrett to approve the use of the Township building for both primary and Presidential elections for 2008. Seconded by Supervisor Sterner, there being no comments or questions the motion passed unanimously.

Review Act 537 Sewage Planning Expertise. It was stated that our Sewage planning Act is over due for review and is need of being updated. Supervisor Sterner asked if Mr. Ewald would review our Act 537 and he said he would.

Proposed appointment of Kirk, Summa and Co. for CPA. A motion by Supervisor Sterner to adopt Resolution 2008-120, appointing Kirk, Summa & Co, LLP as the Certified Public Accountant to audit 2007 and review all finances for 2008. Seconded by Supervisor Sterrett, there being no comments or questions the motion passed unanimously.

Proposed disposition of Records. A motion to adopt Resolution 2008-121 was made by Supervisor Sterrett where as Tunkhannock Township intends to follow the schedules and procedures for disposition of records as attached as Exhibit “A” and as set forth in the Municipal Records Manual approved on July 16, 1993. The items being disposed of are Transient, Political and Burning Permits from the Zoning department for the years: 1997, 1998, 1999, 2000, 2001, 2002 2003, and 2004. Seconded by Supervisor Van Noy, there being no comments or questions the motion passed unanimously.

Reports:

Supervisor Van Noy: Joint Building Codes – Meeting scheduled 1/24/08

Pocono Mountain Regional Police Board – minutes posted

Pocono Mountain School Board – No report

Tunkhannock Twp. Vol. Fire Co.-No report

Supervisor Sterner: Emergency Management- applications are being accepted for the Coordinators position

Emergency Medical Services- currently updating their by-laws and there is an agreement that was proposed by Coolbaugh Township and she is in the process of reviewing this agreement since they are not an Inter-Municipal group. She will be reviewing further.

Dept. of Public Works (DPW) – No Report

Pat Kager Clymer Library- Thanked the Board for reinstating the one (1) mill for 2008.

Mike Gillen Pocono Mountain Regional Police- Announced our new Chief Harry Lewis and Second in Command Lieutenant William Laverty. We are 700 hours in the hole because of the two (2) murders. We had just bought 400 hours to bring us up to speed for this year and now we are back in the hole. A new officer was sworn in at the last meeting and two more will be added in a few months. Requests to have residents get in touch with their Legislators to support the use of radar guns, and House bill 1189 for Police funds. Motions by Supervisor Sterner to have Secretary Wieand write a letter in support of the radar bill to our legislators. Seconded by Supervisor Van Noy, there being no comments or questions the motion passed unanimously.

Bruce Walder: Monroe County Task Force - Report Posted

Dot Trauger: Township Planning Commission - No report

The following Committees have openings: Building Codes Hearing Board Appeals Committee

Economic Development Committee

Environmental Advisory Committee Associate Member

Public Comments:

William Byron: Is Bev Riker still our SEO? Yes, she did come to work and that would mean she accepted her appointment. He stated his week has been very embarrassing for our Township and the County.

Peggy Yencho: Why did Pocono Lake Preserve pay for the appraisal? They offered and we didn’t have the funds available.

Henry Dannecker: Passed

Robert Price: Passed

George Ewald: Would like to see the negativity stop and commented that people get involved and work with their officials. Volunteers are needed and people should get involved. Volunteer your time.

Mike Gillen: Bethlehem Water Authority is logging on Long Pond Road; do we get anything for the lumber they are selling?

Jim Davenport: Passed

Gary Verdes: He has submitted application and has never been called. He commented that Mr. Van Noy is a disgrace and should resign.

Betty Ann Kraft: Commented on how Mr. Verdes has accused Mr. Van Noy of happenings and that if it doesn’t have to do with the Township it shouldn’t be discussed and why are the reporters and TV stations here, did they expect a tar and feathering?

Robert Burnham: Passed

Donna Verdes: Her husband has volunteered and hasn’t been appointed.

John Kadany: Passed

Diane Smith: Looking for the information she requested. Mr. Van Noy will get that to her tomorrow since the department head didn’t get that to her the day he received it.

Marg Nowinski: Passed

Joseph Olall: Is the Board aware of the 30% increase by PPL in the next two years, and he is concerned that the public can’t erect a wind turbine on a half-acre lot. This issue has been addressed with the planning commission and Board. He asked about BCW (Brier Crest Woods) and if the Township paved the main entrance? No, the residents of the community took care of this.

Hank Dannecker: Why isn’t our Windmill working? A part has been on order that had malfunctioned and it will be replaced as soon as the department has the opportunity to replace it.

There being no further public comments, Supervisor Sterner made a motion to adjourn the meeting. Seconded by Supervisor Sterrett, motion passed unanimously. The meeting adjourned at 8:45pm.

Maria S. Wieand

Secretary