Monroe County, Long Pond, Pennsylvania
Chairman Van Noy called the Public Hearing/Special Meeting of the Tunkhannock Township Board of Supervisors to order at 7:00 pm.
Supervisors: Van Noy, Sterner, Davenport, Secretary/Treasurer Wieand, Solicitor Lyons and area residents.
Solicitor Lyons reviewed the recommendations from the Monroe County Planning Commission and noted if we address these recommendations and change the ordinances, we would need to re-advertise and send to the county for their comments again.
Chairman Van Noy opened the floor for public comment.
Carolyn Hall: She is opposed and stated she is against clear-cutting, because of the erosion concerns and wildlife issues it will cause. She doesn’t feel the Township has a right to tell property owners what they can do with their land. You will be stopping people from coming into the area by doing this. Who will be responsible for monitoring this, how long will we wait for someone to come out and look at our property, and is there a fee and what will that be? Chairman Van Noy noted after many meetings and comments back and forth from residents, the Planning Commission, EAC, and the board came up with a reasonable Ordinance. The Township is responsible for managing issues that would cause harm to its residents and for Stormwater runoff and erosion; this is a way to manage some of those concerns. Personally, he would prefer to educate rather than legislate but he realizes there is a need for managing these issues to protect the residents of the Community.
George Ewald: Part of the Ordinance is good, but the majority is flawed. If a 100 x 200 foot lot is buildable and we put a sand mound up to 2,000 sq ft. tank, the house, well, retention pit and driveway, more than 50% must be cleared, it’s physically impossible. Another example: a one (1) acre lot is cleared in the front, and a sand mound will go in the back 30% of the lot is forested. Solicitor Lyons explained if the lot was already cleared, it goes by the size of the lot. If you have a ¾ acre lot it is impossible and we still have lots that size in some of our communities. Solicitor Lyons also explained the DBH and the Heritage tree pertains to the Saldo and not the Tree Preservation Ordinance. Solicitor Lyons explained the Ordinance doesn’t say the wooded lot it says 50% of the lot.
Supervisor Sterner asked in the Tree preservation ordinance on existing lots it says a land development plan is needed if you are clearing more than what is permitted. Solicitor Lyons explained a standard plan was needed and the Land Development plan was a plan already developed and in place and they felt they could use that as a tool rather than designing another type of plan to show this. That is used as a standard mechanism and it is not part of the SALDO, it’s a guide to follow that requirement but it is not part of the SALDO. It is not required under the SALDO, if you would like a different plan for standards we could set up a new one, but it is not part of the SALDO. Supervisor Sterner asked George Ewald, at Raceway Village with the Resort overlay multi units going up, can you construct them with this Ordinance? George said it can’t be done, because once the Stormwater retentions and sand mounds are in and driveway for eight (8) cars in a four unit home. Solicitor Lyons asked Mr. Ewald to provide the drawings and layouts showing how this would or wouldn’t work. Show us the calculations showing us what would be left. Chairman Van Noy explained that they are doing this looking to the future for problems they are experiencing and problems that will come in the future.
George Ewald noted the Township will be challenged on several of these issues in the Ordinance and it will cost the Township in the end.
Betty Terrell-Cruz commented she lives in a community and obeys many rules, and we have rules in order to be protected in certain areas and issues. She understands the rules and why they are there, she is reminded of the consequences of large-scale developments and runoffs. She has seen the devastation in Stonecrest from Mt. Terrace Estates and the reports of run-off in Tunkhannock Creek and Mud Run; she doesn’t want the high quality streams affected from these types of issues. She doesn’t want these communities wiped out and she hopes it doesn’t effect her community or surrounding communities. She encourages everyone to go look at Mt. Terrace Estates, look at what it’s doing to the areas around us, and this is the main reason why this ordinance is so important and must be passed.
David & BJ Witt asked about section 101-4 General Provisions Clear Cutting Ordinance and why there isn’t any governmental agency involved in this section. Solicitor Lyons noted there is and that is the Monroe County Conservation District. The Witts indicated why not DEP? Solicitor Lyons noted we can’t tell DEP what to do. Also, section 301 why wouldn’t we have something covering the clean up of the lot in a circumstance like the Bethlehem Water Authority or the Nature Conservancy, and wouldn’t it be better to require them to clean up after they do a cutting of their lots. Supervisor Sterner noted if it’s a developer they would be required to clean up, but someone like the Authority or the Nature Conservancy has an approved forestry plan that we can’t stop them from doing that and it is an exempted issue in the Ordinance. Solicitor Lyons noted technically they are allowed to do that if it’s part of their Forestry Plan, approved by the State.
Queen Simmons homeowner of Stonecrest commented on a levee that broke and caused their community to flood. She recently visited the site in Mt Terrace Estates and she doesn’t see anything different being done there from the last time the levee broke. Solicitor Lyons noted if the retention ponds that are of concern, it is in the hands of the Conservation district at this time and not the Township. Chairman Van Noy noted we are in communication with them concerning this and we will continue to follow up.
Kathleen Hammer noted she is also a resident of Stonecrest and wanted to say their community cannot take another flood from the malfunctioning retention ponds at Mt. Terrace Estates, and everyone here ran and hid when they came to the Township and Walder the Road Master said “it was a dry riverbed that came to life”. Chairman Van Noy noted we will follow up and keep them informed but that is private property and we can’t just go on their lands. The retention basins on those lands are the property owners’ responsibility.
Queen Simmons brought pictures to the Conservation district and told them something needs to be addressed about a year ago. Chairman Van Noy noted we have been in communication with the Conservation District and will keep them posted. He suggested we all stay on the Conservation District about this. Secretary Wieand indicated a letter is on file from the Conservation District that after Spring of 2009, the Conservation District is going to inspect his corrections. Chairman Van Noy asked that any communication be relayed to the Township also. James Davenport voiced he is in favor of this Ordinance and we need to have something in place. He noted this has been in the works for over eighteen (18) months with the Planning Commission and the Environmental Advisor Committee and would like to see some sort of Ordinance adopted to benefit our residents. Chairman Van Noy reviewed that our Solicitor agrees with the County comments and he would like to send this back to our Planning Commission to review the points made by the County.
Supervisor Sterner asked George Ewald and a contractor in the room, what is the major issue that you have with the individual Tree Preservation Ordinance or the Saldo Amendment. George stated they both go together in a way; there isn’t a split on them. Solicitor Lyons indicated there is a split on them because the Saldo only applies when you come in with a Subdivision or major Land Development. The Tree Preservation Ordinance is less restrictive. Supervisor Sterner asked if it would be beneficial to require each individual lot owner, or proposed new construction present a Stormwater Management on their particular lot. If someone has to control the Stormwater on their lot, chances are they will take down less trees and they don’t have to spend more money on a large Stormwater management system. It would allow people with a small lot the ability to do more and it will help the existing community situations. Controlling the run off occurring now on existing communities, lot owners will help with the current situation before us like Mt. Terrace Estates. Solicitor Lyons gave an example of a situation in Barrett Township where calculations will show differently on paper than on the ground. Supervisor Sterner feels this will help with the lots that don’t have any trees now that are causing these issues. If we develop a Stormwater requirement for individual lot owners rather than a tree preservation Ordinance this will help the situations we have occurring now and keep the Amendment to the Subdivision and Land Development for future subdivisions and major Land Developments. The proposed ordinance does absolutely nothing at all for the clear-cutting that has already occurred and if we require a Stormwater plan for existing lots, this will help all residents in the end. Solicitor Lyons also suggested eliminating the 1-acre or less lots. Supervisor Davenport asked if the Raceway has any intentions on putting a retention pond on the Route 115 open lot? George indicated there is a retention pond there, but the issues lies with the pipe going under Route 115 it is to small and they have contacted PennDot. PennDot indicated it would be replaced when Route 115 is paved and a box culvert will be installed. Supervisor Sterner requested of Chairman Van Noy that we get back on schedule with the hearing since we are paying a stenographer. Chairman Van Noy called for final comments. There are no additional comments from the Public; Supervisor Sterner motioned to close the public hearing and open the Special Meeting to determine the action with these ordinances. It was seconded by Supervisor Davenport. Chairman Van Noy asked for comments from the Board, there being no additional comments the motion passed to close the Public Hearing and open the special meeting at 7:55pm.
Supervisor Sterner motioned to send the Ordinances back to the Planning Commission based on the comments from the MC Planning Commission and to investigate an individual Stormwater Ordinance for Individual lot owners. Seconded by Chairman Van Noy. There being no additional comments the motion passed two in favor Chairman Van Noy and Supervisor Sterner and one against Supervisor Davenport. The Special meeting ended at 8:06pm on a motion by Supervisor Sterner seconded by Supervisor Davenport and carried unanimously.
2010 Census: Supervisor Sterner visited the census table at the PSATS convention and noted we only had a 42% return on questionnaires. A request to begin a complete count committee and who might head it up is recommended. A complete count does Public Relations on the Census and how important it is that the forms are filled out and returned so that we get funding from both the state and federal government based on our count. A request to put this on the agenda for June 10th and begin to think about a committee or person to head this.
Road Master Resolution: Chairman Van Noy read the letter from our solicitor with recommendation for a proposed resolution to handle the leave of a DPW crew member to take the Road Master position. This will be placed on the June 10th meeting for action.
Act 32 EIT law: Supervisor Sterner reviewed the process that will take place in consolidating 560 to 69 countywide tax collection districts. It also goes by school districts. We will have to form a tax collection committee, the County only has to set up a meeting, and then it is up to the committee to carry out the duties. Committee voting structure per the law is a weighted vote structure determined by DCED, and it is 50% of proportional population and 50% or proportional income tax revenues. Technically the area that has the largest population and largest income population will have the vote and you’ll end up doing what they decide. We have to name a delegate by November 15th, by- laws by April 15, and tax officer by September 15, 2010. Our only say as a municipality is the one person on the committee. Betty Terrell-Cruz asked did anyone talk about the size or blocks, municipalities, school districts etc. Solicitor Lyons noted it would be all twenty (20) municipalities and four (4) school districts. This is mandated already and passes. If they go for a bureau, we will be required to fund them. The committee will decide this. The local municipalities or the COG (Council of Government) should begin working on this. A letter to local municipalities and the COG with our suggestion will be our follow up.
EMA request: The OES (Office of Emergency Services) of Monroe County will be working with CRA (an independent organization) to assist local and county level officials with emergency plans for high traffic areas. The County received a grant and offered our Township to participate in the action plan in the event an emergency of high risk would occur at the Track during a race. They will work with our organization and the county to develop this plan and help us be prepared for homeland security in our community. A suggestion was made that we have a declaration of disaster emergency prepared and on hand in the event an emergency should occur. If this is something we want to prepare and be ready, we need to open a regular meeting after this meeting to pass the declaration. We will address this at the end of the work session.
PennDot electronic filing: Secretary/Treasurer Wieand requested that this be placed on agenda for June 10th. This is required for the new filing program via the internet. Secretary Wieand noted she has already taken the class and is very informed on the use and upgrades to the new program.
Computer upgrade: Secretary Wieand presented the Board with the quotes from four (4) different companies/individuals for upgrading from a Windows work group to a Windows server for protection of our documents, as well as security purposes. This will be placed on the June 10 agenda for action.
Personnel Policy: A recommendation for two amendments to the Township Employee Personnel Policy have been recommended and Solicitor Lyons will review and comment for June 10th meeting.
Barrett Township Proclamation request for July 5 in celebration of their 150th be placed on June 10th agenda.
Monroe County Open Space Advisory Board Recognition dinner: three members from the Township are invited, since the Board is unable to attend, it was recommended and open to the Planning/EAC, and Open Space chairpersons to invite one person from each committee to attend.
Tobyhanna Twp. Pool: Registration is open to residents of our Township, a flyer for distribution and sign-up information will be ready for our next meeting June 10th.
COG (Council of Government) awarded bids for all materials available to its municipalities. Secretary Wieand made a quick reference guide for our Township personnel.
Proposed Inter-Municipal Composting Facility Ordinance to be placed on the June 10 agenda, solicitor Lyons will advertise on 6/2/09.
Inter-Municipal building Codes dangerous structure was reviewed and all supervisors agree this is not something we want to pay Guardian to do at this time. The Board felt the Zoning Enforcement Officer should follow our current ordinance in regards to this issue at this time. Also per the last meeting, Solicitor DeStefano should have reviewed and commented on his recommendations for the current inter-municipal agreement. The Board asked that Zoning Officer Lambert follow up on this and reminds everyone in the inter-municipal agreement that we are still waiting for his comments and to keep after him.
Solicitor Edmund Flynn verbally announced is resignation from the Zoning Hearing Board, at his last meeting. Chairman Van Noy asked that we contact him for a written letter for our records and for him to give us an estimated time.
Emerald Lakes Association request to review the wind turbine ordinance, solicitor Lyons stated the Planning Commission has started to review this already.
Fee Schedule review to be placed on next meeting June 10th, and all items should be available for the Board to review by Friday June 5th. The entire fee schedule should be available with square footage estimates as well.
Tunkhannock Trails II is at the final stages with the DCED loan and the letter to property owners for driveway culverts will be mailed to homeowners. DPW is preparing specs for bids.
Solicitor Lyons indicated that Mr. Stoltzfus asked for his letter of credit to be released, and Solicitor Lyons indicated a maintenance agreement would need to be in place before that can be done. He received the faxed information today and everything is acceptable for the maintenance agreement.
Public Comments:
George Ewald noted the following parks would close per Senate bill 180, Tobyhanna State Park, Gouldsboro, and Big Pocono. He encourages everyone to contact their legislators.
Mike Gillen is it true that we are paving Tunkhannock Trails II roads this year. Supervisor Sterner noted the road crew is putting prices together to do work in house and bids for contractors. She noted we are not sure if it will be done this year or not, but hopes bids will come in low and we can do the whole paving project this year.
Betty Terrell-Cruz would like to know if the personnel policy amendments will be available to the public, Chairman Van Noy noted it will be a resolution and it will be available. She hopes the current Board is adhering to their policies since previous Board members stated they have violated their own policies. She would recommend the Board open the Monroe County Open Space Recognition dinner to other Board members if the present Board is unable to attend. The Board took her suggestion and asked that Secretary Wieand notify Dot Trauger, Planning Secretary to ask the Committee Chairs to select three people who would like to attend. Who is responsible for replacing the pipe at Route 115 and Long Pond Road? The Board and George Ewald from the Raceway indicated it will be done when 115 is paved and who knows when that will be. Mt. Terrace issue, she would like the Township to be in contact with the MC Conservation district and feels we would get a better response then the public.
Supervisor Sterner would also like to know if PennDot has been notified about replacing the downed chevrons on Long Pond Road at Roads End and noted she contacted the school board about moving the bus stop and they informed her it has been discussed at the meeting already and he will follow up on it.
Hank Dannecker: questioned George Ewald about the tree preservation ordinance and asked if he could come in and look at the area to see what he means. He would better understand it if he could look at it first hand. George said yes, give him a call and he will show him around. Betty Terrell-Cruz asked if the construction is being done now, and he indicated no, not at this time.
Queen Simmons: Since developments are private, do we have control as a Township for tree cutting. The board indicated no and that’s why we are coming up with the Ordinance now. Solicitor Lyon’s indicated that DEP has corrected the large retention ponds. Would like to know if the Township can help her community for the run off that is affecting Stone Crest Community?
Bill Byron asked if the computer system will have a back up system. Secretary Wieand indicated it will have a back up system external and tapes will be taken home with a Department Head from the Township.
Irving Midgett asked what PennDot is doing along the bridges on Route 115. Mr. Witt who works at Penn Dot indicated they are doing bridge repairs and crack sealing as weather permits.
Diane Smith asked about garbage on Heller’s lane and Secretary Wieand indicated Zoning Officer Lambert could not get two forms of identification from any of the bags they initially went through and she and the DPW are scheduled to pick it up. We have pictures of her going through it in our dumpster when it was brought in. Mike Gillen stated she was going through diapers and secretary Wieand indicated that is a health issue to our employees.
Motion by Chairman Van Noy to close the work session at 8:53pm seconded by Supervisor Davenport. There being no other comments or questions the motion passed unanimously.
Regular Meeting
May 27, 2009
The regular meeting of the Tunkhannock Township Board of Supervisors for May 27, 2009, called to order at 8:53pm by Chairman Van Noy.
The Regular meeting following the work session is necessary do to time restrictions to review the Proposed Declaration of Disaster Emergency for the upcoming Race.
Supervisor Sterner motioned to adopt the Declaration of Disaster Emergency for the June Race and the August race. Seconded supervisor Davenport and carried unanimously.
Supervisor Sterner motioned to get a letter out to the state in regards to keeping the state parks open. Supervisor Davenport seconded and the motion passed unanimously.
A motion to adjourn by Supervisor Sterner at 9:01 pm, and seconded by supervisor Davenport. There being no comments or questions the motion passed unanimously.
Minutes submitted by:
Maria S. Wieand
Secretary Approved: 06/10/2009