Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
‑
In Re: 2007 Reorganization Meeting
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Government Center Building
State Avenue
Pocono Pines, Pennsylvania
Tuesday, January 2, 2007, beginning at 7 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice Chairperson
HUGH LAMBERTON, Member
ANNE SINCAVAGE, Member
JON BERRY, Member
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MR. KERRICK: I would like to welcome everyone here this evening. Hope you had a great holiday season.
Open the meeting with the Pledge of Allegiance, please.
(Pledge of Allegiance was recited.)
MR. KERRICK: First item on our agenda is entertain a motion for one of us to serve as chair of the board of supervisors.
MS. PICKARD: I nominate John Kerrick to serve as chair of the board of supervisors.
MR. LAMBERTON: I second the motion.
MR. LAMBERTON: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: I vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Entertain a motion for representative to serve as vice chair for the board of supervisors?
MR. LAMBERTON: I nominate Heidi Pickard.
MS. SINCAVAGE: I will second the motion.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: I vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: And I'll vote in favor.
Next on our agenda, motion for a township secretary.
MR. BERRY: Move to appoint Heidi Pickard.
MR. KERRICK: Motion on the floor.
Do we have a second?
MR. LAMBERTON: Second.
MR. KERRICK: Motion and second.
Any questions?
Call the vote.
Jon?
MR. BERRY: Vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: I vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I'll vote in favor.
Motion carried.
Need to entertain a motion for a representative to serve as assistant township secretary to assist and perform duties of township secretary in absence or disability of township secretary.
MR. LAMBERTON: Nominate Marge Argot.
MS. PICKARD: I second the motion.
MR. KERRICK: It's been moved and seconded, Marge Argot.
Any question or discussion?
Call the vote.
Jon?
MR. BERRY: Vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: Vote in favor.
MR. KERRICK: I'll vote in favor.
Motion carried.
Entertain a motion for a township treasurer, representative to serve as township treasurer.
MS. PICKARD: I nominate Terri Dougherty to serve as township treasurer.
MR. BERRY: Second.
MR. KERRICK: Motion and seconded.
Any discussion?
Call the vote.
Jon?
MR. BERRY: Vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: Vote in favor.
Entertain a motion for a representative to serve as chief administrator of the township Nonuniformed Pension Plan.
MS. SINCAVAGE: I make a motion we appoint John Kerrick to serve as chief administrator of the Township Nonuniformed Pension Plan.
MR. BERRY: Second.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: Vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: Vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Representatives to serve as township emergency management coordinator, assistant coordinator and second assistant coordinator.
MS. PICKARD: I nominate Ed Tutrone to serve as emergency management coordinator, Jack Ryan to serve as assistant township management coordinator and Troy Counterman to serve as second assistant township emergency management coordinator.
MR. LAMBERTON: Second the motion.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne.
MS. SINCAVAGE: I vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: Vote in favor.
MR. KERRICK: I'll vote in favor.
Motion carried.
Entertain a motion for a township supervisor to serve as township representative to the Pocono Mountain Regional Police Commission.
MS. PICKARD: I nominate John Kerrick and Jon Berry to serve as representatives to the Pocono Mountain Regional Police Commission.
MR. LAMBERTON: Second the motion.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I'll vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: Vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Entertain a motion for a township resident slash taxpayer to serve as township representative to the Pocono Mountain Regional Police Commission.
MR. BERRY: I nominate Dave Moyer.
MS. PICKARD: Second the nomination.
MR. KERRICK: Motion and seconded.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: Vote in favor.
Motion carried.
Entertain a motion for township solicitor and set the hourly rate and the meeting rate.
MR. BERRY: I make a motion to appoint Emanuel Kapelsohn at $220 hourly rate and $150 meeting rate.
MS. PICKARD: Should we make that out to the law firm? Lamm, Rubenstone ‑
MR. KERRICK: Emanuel Kaopelsohn slash Lamm, Rubenstone, Lesavoy, Butz & David.
Is that okay with you? LLC.
MS. PICKARD: I'll second the motion.
MR. KERRICK: Amend the motion, Jon?
MR. BERRY: Amend the motion.
MR. KERRICK: Any discussion?
Call the vote.
Jon?
MR. BERRY: Vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Enterain a motion for a solicitor to serve as township planning commission solicitor. Also need to set the hourly rate and per meeting rate.
MS. PICKARD: I make a motion we appoint John Rice slash Grim, Biehn & Thatcher to act as township planning commission solicitor at an hourly rate of $185 per hour.
MR. LAMBERTON: Second the motion.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: Vote in favor.
MR. KERRICK: Vote in favor.
Entertain a motion for a township resident to serve as chair of the Vacancy Board.
MS. SINCAVAGE: I make a motion to appoint Mark Argot to serve as chair of the Vacancy Board.
MR. KERRICK: Have a motion.
Do we have a second?
MR. BERRY: I second it.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: I vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: Motion carried.
Consider for enactment Resolution No. 2007 dash 001, setting the dates, times and place for township public meetings to be held?
Do we have a motion?
MR. LAMBERTON: You want the dates?
MR. KERRICK: The dates. It's in our packet.
MR. LAMBERTON: Does the secretary have them?
MS. PICKARD: We will give a copy to the recording secretary.
MR. KERRICK: Yes.
MR. LAMBERTON: So moved.
MS. PICKARD: I'll second the motion.
MR. KERRICK: Any discussion on the motion?
MS. PICKARD: Just make mention it would be the second Monday of the month for the most part except for Tuesday after Columbus Day and we have a 10:30 meeting that TEC comes to. Also setting the first Monday at 10 a.m. for a work session.
MR. KERRICK: Thank you.
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: Motion carried.
Consider for enactment Resolution No. 2007 dash 002 designating certain financial institutions as depositories for township moneys? That's also in your packet.
MS. PICKARD: Make a motion we approve Resolution 2007 dash 002 designating certain financial institutions.
MS. SINCAVAGE: I will second the motion.
MR. KERRICK: Motion and seconded.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: Vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
Consider for enactment Resolution No. 2007 dash 003 appointing special counsel to the board on any legal matter that becomes a conflict with the township solicitor.
Do we want to table this at this time or do you have somebody in mind?
MS. PICKARD: I make a motion to table.
MR. BERRY: Second.
MR. KERRICK: Motion and second to table.
Call the vote.
Jon?
MR. BERRY: Vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: Vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: Vote in favor.
MR. KERRICK: I'll vote in favor.
Entertain a motion establishing the tax assessors bond at 40,000.
MR. LAMBERTON: Per annum.
MR. KERRICK: Per annum.
MR. LAMBERTON: So moved.
MS. PICKARD: I will second.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: Vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Entertain a motion for three residents slash taxpayers to serve as township auditors.
MS. PICKARD: Make a motion we appoint John Duffy, Joan Rinehimer and Pat Reed to serve as township auditors.
MR. KERRICK: We have a motion on the floor for John Duffy, Joan Rinehimer and Pat Reed.
Do we have a second?
MR. LAMBERTON: Second the motion.
MR. KERRICK: Motion and ‑
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: I vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Need a motion to certify the five board of supervisors, township engineer and township solicitor as delegates to the Pennsylvania Township Supervisors 2007 Annual Convention.
MS. PICKARD: So moved.
MR. KERRICK: Motion.
Do we have a second?
MR. LAMBERTON: Second.
MR. KERRICK: Motion and second.
Any discussion from the board?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Entertain a motion for a representative of the board of supervisors to serve as voting delegates to the Pennsylvania State Association of Township Supervisors 2007 Annual Convention.
MR. LAMBERTON: I nominate Anne Sincavage.
MR. KERRICK: Motion on the floor to designate Anne Sincavage.
Do we have a second?
MS. PICKARD: I will second.
MR. KERRICK: Any discussion?
Call the vote.
Jon?
MR. BERRY: Vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: Motion carried. I vote in favor.
Entertain a motion for a board of supervisor to serve as township representative to the Pocono Mountain Council of Governments.
MS. PICKARD: I nominate Anne Sincavage to serve as representative to the Pocono Mountain Council of Governments.
MR. BERRY: I will second.
MR. KERRICK: Motion and second.
I have a question. Do we normally put second person there if Anne couldn't make a meeting?
MR. LAMBERTON: Heidi Pickard.
MR. KERRICK: Can you ‑ can you amend your motion?
MS. PICKARD: I guess I can.
MR. KERRICK: Who has the second?
MR. BERRY: I do.
MR. KERRICK: Will you amend your second, Jon?
MR. BERRY: Yes.
MR. KERRICK: Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: I vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Entertain a motion establishing payment of employee salaries and wages on a biweekly basis.
MR. BERRY: So moved.
MS. PICKARD: Second.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Entertain a motion as a firm to represent the board as recording secretary ‑ recording secretary to the board of supervisors.
MS. PICKARD: Make a motion we appoint Panko as recording secretary.
MR. KERRICK: Motion on the floor.
Do we have a second?
MR. LAMBERTON: Second.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: I vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Entertain a motion for a township supervisor to serve as the board of supervisors' representative on the Joint Code Enforcement Program Administrative Committee.
MS. PICKARD: Motion that we appoint Jon Berry to serve as board of supervisors' representative.
MR. KERRICK: Motion on the floor.
Do we have a second?
MS. SINCAVAGE: I will second.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I'll vote in favor.
Need a motion to approve the agreement to retain George D. Martin, PSS, for the year 2007 as the professional soil scientist for the township at the rates set forth in the agreement, and that would be ‑
Do you have the page?
MS. PICKARD: Minimum of $1,000 with the initial $500 retainer after that. It's $65 per hour.
MR. KERRICK: That's correct.
Do we have a motion?
MR. LAMBERTON: So moved.
MS. PICKARD: I will second the motion.
MR. KERRICK: Motion and second.
Any discussion?
MS. SINCAVAGE: Do we use ‑
MR. KERRICK: We used him for years.
MS. SINCAVAGE: No. Do we usually get $500 out of it?
MR. KERRICK: I can't answer that. I could research it. I don't know if we used him last year or not.
MS. SINCAVAGE: I was just curious. I think if we need him, yeah. Fine.
MR. KERRICK: Any other questions or discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Entertain a motion for a township supervisor to serve as a representative to the Pocono Mountain Regional Emergency Services Commission.
MS. SINCAVAGE: I make a motion we appoint Heidi Pickard to serve as representative to Pocono Mountain Regional Emergency Services Commission.
MR. KERRICK: We have a motion on the floor.
Do we have a second?
MR. BERRY: Second.
MR. KERRICK: Motion and second.
Any discussion?
Call the vote.
Jon?
MR. BERRY: Vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I'll vote in favor.
Motion carried.
Consider the enactment of Resolution No. 2007 dash 003, appointing Todd Bushta as the public accounting firm to the township replacing the appointed township auditors.
MS. PICKARD: So moved.
MR. BERRY: Isn't it 004?
MR. KERRICK: Well, we missed one. We tabled one. We have to stay in order. I have to have them retyped.
Do we have a second?
MR. LAMBERTON: Second.
MR. KERRICK: Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: Vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Consider for enactment Resolution No. 2007 dash 004 establishing tax rates for the calendar year 2007.
MS. PICKARD: Motion to approve.
MR. KERRICK: We have a motion on the floor.
Do we have a second?
MR. LAMBERTON: Second the motion, be it noted the tax rates have not changed.
MR. KERRICK: So noted.
Any other discussion or comments?
MS. PICKARD: Make a mention that it was general fund purposes rate of 12.74 mills; the
rate for library purposes was .75; and the rate for fire equipment and apparatus fund is .70. We also have local earned income tax of one percent which is split 50 percent to the township and 50 percent to Pocono Mountain School District.
MR. KERRICK: Any other comments?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: I vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
Entertain a motion to ‑ for a township taxpayer resident to serve on the zoning hearing board.
MS. PICKARD: Make a motion that we appoint John Henry to the zoning hearing board.
MR. KERRICK: Motion on the floor.
Do we have a second?
MR. LAMBERTON: Second the motion.
MR. KERRICK: Any discussion?
Call the vote.
Jon?
MR. BERRY: I vote in favor.
MR. KERRICK: Anne?
MS. SINCAVAGE: I vote in favor.
MR. KERRICK: Hugh?
MR. LAMBERTON: I vote in favor.
MR. KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR. KERRICK: I vote in favor.
Motion carried.
That's all I have. Do we have anything else?
Public have anything?
Mr. Cahill?
MR. JIM CAHILL: Jim Cahill from Pocono Manor Investors. I just stopped by for two reasons.
One, to wish everybody a happy New Year. And number two, I know we are all aware of the decision of the Gaming Control Board on the 20th and I know many of you were as disappointed as we were. And I know that a lot of people, employees and you people, worked very long and very hard over the past year as we did.
I just wanted to stop by and thank you for all those efforts and ‑ we put our best foot forward and we all worked together and gave it a great shot so ‑ that's it.
That's all I wanted to say.
MR. KERRICK: Thank you.
MS. PICKARD: Happy New Year.
MR. KERRICK: Anyone else?
Mr. Evans.
MR. JEFFREY M. EVANS: I just wanted to let you know that the bicycle pedestrian bridge and trail has not been forgotten. PennDOT has finally decided that they're interested in the program after four years and now they're actually calling us about finalizing the program. So we will be putting together a bid packet.
We had to clear up one question on the deed because the deeds from the Miller family go back to when Monroe County was part of Northampton County. That's not an easy thing to do, but Jerry Hanna has gotten that resolved and is issuing a deed of confirmation. So we will work with the township staff to put that project out to bid because the bids will actually come back to the township for opening, and proceed from there.
But we would hope that we would be able to get the bids out so that construction could commence in the fall so that as traffic increases on 423 with the opening of our community center ‑ I think at the last meeting Wendy Freeman from our staff invited all of you on May the 26th to the ribbon cutting. I am happy to tell you we have not announced it really publically before this, but the building is going to be dedicated in honor of our developer, Logan Steel, which is a pretty amazing feat that after ‑ even though he passed away 20 years ago, that he still has an impact on the community.
So we will keep you informed of that. I wanted to let you know it's not forgotten. Thank you.
MR. KERRICK: Pretty optimistic with rain dates.
MR. JEFFREY M. EVANS: I think we turned the corner about two weeks ago. We're pretty optimistic that we can finish it. Anytime the township wants a tour of progress we will be happy to provide that.
MR. KERRICK: Thank you.
Anyone else?
MR. LAMBERTON: All the engineering been done?
MR. JEFFREY M. EVANS: Yes. The only thing that seems to be left at this point, Mr. Lamberton, is the clarification of a small part of West Beach where the bicycle/pedestrian path runs, that that is owned by the Lake Naomi Club. Then we believe we can get clearance from PennDOT to go out to bid. The bid documents are primarily ‑ which the club is providing for the township ‑ are primarily completed; so it'd just be a matter of finalizing those, getting them out to bid and getting the bids back to you for review.
MR. KERRICK: Anything else?
Motion for adjournment?
MR. LAMBERTON: So moved.
MR. KERRICK: Second?
MR. BERRY: Second.
MR. KERRICK: We're adjourned. Thank you for coming.
(Meeting concluded at 7:23 p.m.)
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I hereby certify that the proceedings and evidence are contained fully and accurately, to the best of my ability, in the notes taken by me at the meeting in the above matter; and that the foregoing is a true and correct transcript of the same.
TAMMY M. PANKO SHAW