October 14, 2009
I. Call to order
Chairman Maureen Sterner called to order the regular meeting of the Tunkhannock Township Board of Supervisors at 7:02 pm on October 14, 2009 in the Municipal Building, Long Pond Road.
II. Roll call
Chairman Sterner announced all members are present:
Supervisors, Jim Davenport, Fran DePiano, Secretary/Treasurer Maria Wieand, Solicitor Dan Lyons, and area residents.
III. Approval of minutes from last meeting
Secretary Wieand presented the minutes from the September 9, 2009, and September 23, 2009 meetings. Supervisor Davenport made a motion to accept the minutes, seconded by Supervisor DePiano. Chairman Sterner noted a typo on page 7 of 8 under fuel tanks, first line “our” should be “are”, correction noted and motion passed unanimously.
IV. Executive Session(s)
a) September 23, 2009 prior to the work session for personnel issues
b) October 1, 2009 for personnel issues
c) October 2, 2009 for personnel issues
V. Public Comments
There were no comments pertaining to the agenda items at this time.
VI. Financial
The bill list for October 14, 2009 was presented by Treasurer Wieand in the amount of $331,760.46. A motion by Supervisor Davenport to approve the bills to be paid, seconded by Supervisor DePiano. Questions: Betty Terrell-Cruz questioned what the time frame for coverage was on the Trustees insurance for dental coverage? Treasurer Wieand indicated six (6) months of coverage. After comments and questions were answered, explaining the cost to cover work completed by the road crew is to be paid, the motion passed unanimously.
Treasurer Wieand proposed a transfer of the remaining funds in the Road account to be transferred to the general fund to cover the expenses incurred for the work performed in Tunkhannock Trails II by our Road Department. Motion to grant transfer by Supervisor DePiano was made and seconded by Supervisor Davenport. After comments and questions were answered, explaining the cost to cover work completed, the motion passed unanimously.
Budget meeting recommendations were presented by Treasurer Wieand; the first meeting date will be November 12, 2009, at 5:30pm followed by the Regular Meeting, which has been changed from November 10, 2009. From November 13 to 18 Treasure Wieand will complete changes and updates to the recommended budget and our next meeting will be November 18, 2009 at 5:30pm, followed by a work session which is being moved from November 25, 2009 and if needed, a regular meeting will follow. The budget will be available for the public to review by November 23, 2009 and advertised for a budget adoption meeting on December 23, 2009 at 6:00 pm followed by a work session. Motion by Supervisor DePiano to adopt the budget dates as noted and read, seconded by Supervisor Davenport after Betty Terrell-Cruz asked for a review of dates the motion passed unanimously. Supervisor DePiano motioned to change the November 10th meeting to the 12th, seconded by Supervisor Davenport. There being no comments or questions the motion passed unanimously.
Treasurer’s Report
Treasurer Wieand noted that the final review of the accounts were completed by Pensyl Creek Financial and a duplicate entry for $46,252.20 was corrected. Also, a few missing payroll numbers that weren’t recorded in the previous two years accounting corrected our numbers and brought our books in balance as of January of 2009. With those corrections being made, a starting balance for this month will be as follows:
Opening balance $357,257.89
Income/Interest $242,456.78
Expenses bills/payroll $360,556.33
Balance $239,158.34
Supervisor Davenport approved the Treasurer’s report, seconded by Supervisor DePiano. There being no comments or questions the motion passed unanimously.
Announcements
Were missed at this meeting.
VII. Action Items
The Board, under recommendation and review by Solicitor Lyons, agreed to grant general leave to Troy Counterman, who has been named Road Master as of 9/23/09. A motion by Supervisor Davenport to adopt Resolution 2009-172 granting a general leave to Troy Counterman from Teamsters Local 773 during his probationary period of 90 days from 9/24/09 to 12/23/09 and a second 90 days from 12/24/09 to 3/24/09. Seconded by Supervisor DePiano, there being no comments or questions the motion passed unanimously.
Toll Road stop sign has been moved and grass cut, owner of the property did some clean-up and our Road crew completed the intersection issue. The public did say it looks better and has better visibility.
Tiger Grant/Recreation Grant/Gaming Grant for PMREMS were all briefly read and reviewed by Chairman Sterner to the public. Tiger grant total was submitted for $4,625,000. Community improvement project was focused on the municipal park, and the gaming grant will be for the new ambulance needed by PMREMS.
Eleven (11) Ordinances are currently under review by our Zoning Officer Kate Lambert.
Chairman Sterner reviewed the number of permits and violations that were gained by the drive by inspections that are performed by our Zoning Enforcement officer Kate Lambert. This year 52 notices and or violations were spotted and permits acquired.
VIII. Old Business
Roof Leak: Byron Witt from our DPW department is working on this project and has been in touch with three (3) companies for proposals to repair the insulation and other recommendations to stop our ceiling leaking. Supervisor DePiano motioned to accept the proposed bid from Service Team in the amount of $3,699 and for the DPW to purchase and do the work required to fix the current insulation at a fee of $444.80 making the total cost of the project $4,143.80. Seconded by Supervisor Davenport, a comment from Dave Witt to take pictures of the current attic and the location where items are in the event we have to go up and fix or work on something. After the comment was heard the motion passed unanimously.
Building Codes for 2010 and Appeals Board: Solicitor Lyons indicated that a phone meeting was to take place on Friday but Solicitor Armstrong’s wife had a baby and the other solicitor had taken ill. We will table this item at this time until Solicitor Lyons advises us to our next step.
Jenny Case from the TNC came to discuss the addendum to the Natural Area and Chairman Sterner indicated that we weren’t sure what items had been completed on the task/target dates from before and what was being updated now. A discussion took place as to what exactly does the Township want from TNC to do as far a manage the open space areas or just do trails, etc. The proposed peer-to-peer study was also mentioned at this time and needs to be reviewed to determine what the Townships are actually looking to accomplish. In the meantime the contract is missing page two of three and until that is located and reviewed we really can’t go any further at this time. We will table this item until our next work session.
Peer-to-Peer study project must be reviewed and looked at prior to our work session and determine if this is something our Township can do at this time.
The proposed 2010 Fee Schedule was presented and since it was available on Friday, the Board would like more time to review this and discuss it at our work session.
IX. New Business
At the September 23, 2009 meeting the Board appointed Kate Lambert to the Monroe County Complete Count Committee and will ask her to attend the meeting scheduled prior to our next meeting. We must officially appoint Kate tonight since she accepted the appointment to the committee. Supervisor Davenport made a motion to appoint Kate Lambert to the Complete Count Committee as Tunkhannock Township’s representative. Seconded by Supervisor DePiano and there being no comments or questions the motion passed unanimously.
2010 MMO (Minimal Municipal Obligation) for the pension plans were presented by Secretary/Treasurer Wieand. Supervisor DePiano made a motion to accept the 2010 MMO for the pension plans for the following amounts:
Tunkhannock Township $34,013.00
PMRP Uniformed $66,949.00
PMRP Non-uniformed $1,169.04
Seconded by Supervisor Davenport, there being no comments or questions the motion passed unanimously.
Proposed advertising for the Local Service Tax (LST): the Board of Supervisors is reviewing a LST in the amount of $52 per employed person who works in Tunkhannock Township. According to Berkheimer Tax Administrators, on average the employers in the Township report 364 employees per quarter and the tax could bring in revenues of $11,250 to $13,000 the first year and $15,000 to $17,000 the second year. Supervisor DePiano motioned to advertise for a Public Meeting on November 18, 2009 to consider imposing this tax. Seconded by Supervisor Davenport. Comments and questions were heard by all parties with concern that most employees in the Township make minimum wage and this will hurt them considerably. Supervisor DePiano noted we are struggling to pay our bills now and a small tax to the working people of the Township will help our revenue side and every little bit helps. After comments and questions the motion passed with Davenport and DePiano in favor to advertise and hear the public opinions and Chairman Sterner opposed.
Supervisor DePiano motioned to advertise for a certified public accountant, firm, or competent public accountant to perform our 2009 audit. Seconded by Supervisor Davenport, there being no comments or questions the motion passed unanimously.
Chairman Sterner motioned to advertise in the Journal newspaper for the vacancies on the EAC with a display ad. Seconded by Supervisor Davenport and there being no comments or questions the motion passed unanimously.
Supervisor Davenport made a motion to purchase the round reflectors from the Open Space fund for the trail markers at Austin T. Blakeslee Natural Area. Seconded by Supervisor DePiano and there being no comments or questions the motion passed unanimously.
Kate Lambert submitted a memo to the Board informing them that the following BCO (Building Code Officials) have sent fees and expressed interest in the position.
Keith George/BIU
Advanced Code/William Weber
BASE Engineering
Bureau Veritas
The following did not respond to her request:
Blue Mountain Inspections
Keystone Code Consulting
Kevin Harrison declined at this time. The Board is requesting the fees be ready for the work session on 10/28/09.
The Zoning Hearing Board interviewed and hired Attorney Jeffrey Durney of Tannersville and is asking that the Board approve his salary at a rate of $130 per hour, which is the same rate as Ned Flynn, our previous solicitor. Motion by Supervisor DePiano to approve ZHB Durney’s cost of $130 per hour. Seconded by Supervisor Sterner and there being no comments or questions the motion passed unanimously.
X. Pending
Guiderail on Heller’s Lane: Secretary Wieand indicated the claim with Gieco is complete and a check has been received for the claim in the amount of $12,523.50 to replace the damaged and outdated guide rail per PennDot Specifications. DPW employee Cliff Capuano has been in contact with Erie and they aren’t agreeing to the replacement of the damaged section to the cost of the PennDot regulated material. Erie insurance will only pay a portion and will not agree to anything higher. Comments were heard from Virginia Heckman, and Chairman Sterner indicated that we should accept what they are offering and finalize the claim since Gieco agreed and paid the other portion.
The proposed Road Name Ordinance was reviewed and the road names and descriptions look good, but section three (3) reads, “streets shall be named as identified, installed or posted as required for the purpose of Enhanced 911.” The Board felt we are not posting the private roads so the ordinance should indicate only Township owned and maintained roads. Tabled until next work session.
Solicitor Lyons suggested we table the proposed E911 property signs until the County has its entire items ready, street names approved from the US postal service, and the County ready to approve our Township.
There was no action taken on the Major events at this time since Bill Byron was not present for the meeting. Secretary Wieand indicated a preliminary meeting was held at the County and Bill did attend and the next meeting is scheduled for 10/29/09 at the County for the discussion of a table top exercise in March for a severe weather storm.
Secretary Wieand gave a review and updated the Supervisors on the IML E-coli review that was done by Chris Taylor from Hanover Engineering. Solicitor Lyons indicated Chris answered the MCCD and that covers us at this time for reviewing and determining there are no malfunctions in that area. No further action at this time is required.
The following Ordinances we reviewed today with the Planning Commission and the Board of Supervisors: Windmill, Outdoor Furnace, Tree Preservation, and SALDO Amendment. The PC will work on these and return them to the Board when they have completed the necessary changes and items discussed at today’s meeting. The Plot & Grading Plan will be removed from the agenda since this isn’t recommended for our Township, per the discussion held today.
No action on the Stoltzfus Land Development at this time.
Moyer policy requesting correction has been requested and a legal letter sent from Solicitor Lyons. Secretary Wieand indicated she has not received the letter for her files yet. Solicitor Lyons will check with his secretary.
Pocono Raceway HC Waters will be removed from the agenda; no action.
XI. Reports
Reports were given by the supervisors where necessary and Supervisor DePiano explained the change in supporting the PMRP grant and why he and Supervisor Davenport agreed to support it at this time and Supervisor Sterner did not. The letter was given to PMRP and the grant will be submitted by their organization.
XII. Public Comments
Irving Midgett asked what guarantee is on the road project in Tunkhannock Trails II. Solicitor Lyons indicated the 18 month bond is held on the project. Also, Tunkhannock Trails II road association would like to pursue full declaring rights to the roads; will this jeopardize the liability for warrantee on the roads? Solicitor Lyons indicated it would not. Also, that he did send a letter to the Solicitor of TT II to have written approval that the roads have been done to the required court agreement.
George Ewald asked about the electric pricing and if anything has been done to date. Secretary Wieand indicated two firms are working on price quotes for us at this time. Rose Consulting and Prime Energy Co. We are awaiting pricing information.
Supervisor Davenport motioned to adjourn the meeting at 9:09 pm, seconded by Supervisor DePiano there being no comments or questions the motion passed unanimously.
Minutes submitted by:
Maria S. Wieand
Secretary/Treasurer