Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
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In Re: Public Comment for Proposed Ordinance No. 461.
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Tobyhanna Township Government Center
State Avenue
Pocono Pines, Pennsylvania
Monday, October 8, 2007, beginning at 6:50 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice Chairperson
JAMIE KEENER, Member
HUGH LAMBERTON, Member
ANNE SINCAVAGE, Member
ZACHARY COHEN, ESQUIRE, Solicitor
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PANKO REPORTING
537 Sarah Street, 2nd Floor
Stroudsburg, Pennsylvania 18360
(570) 421-3620
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1 MR. COHEN: We will call this
2 hearing to order.
3 My name is Zachary Cohen. I'm
4 sitting by designation tonight as the solicitor in
5 place of Emanuel Kapelsohn. And tonight is the
6 hearing on the proposed realty transfer tax
7 Ordinance No. 461.
8 This hearing was noticed by a
9 public notice that was advertised in the Pocono
10 Record legal section on Monday, September 24,
11 2007. A copy of the proposed ordinance was sent
12 to the Monroe County Law Library and the Pocono
13 Record. And a copy of the ordinance was also
14 available at the township office for public
15 review.
16 The purpose of the ordinance is
17 essentially just to keep past practice the same.
18 And when I say that, all it does is it allows for
19 the continued enforcement by the State Department
20 of Revenue to collect and enforce delinquent
21 realty transfer taxes. There essentially are no
22 other changes to the practice that will take place
23 under the ordinance, but due to a newly enacted
24 legislation, the State Department of Revenue is
25 requiring all municipalities to adopt this new
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1 ordinance in order for them to continue enforcing
2 collection efforts. Without the adoption of this
3 ordinance the township would be forced to foot the
4 bill and collect on delinquent accounts.
5 Now, I'd like to open the floor
6 for any public comment; so if anyone has anything
7 to say, now is that opportunity.
8 Hearing no response from the
9 public, I will then ask the board of supervisors
10 if they have any comments.
11 MR. KERRICK: I have nothing.
12 MR. COHEN: No comments from
13 the board of supervisors.
14 Well, then this hearing may be
15 closed. And we will decide whether to enact this
16 ordinance at the regularly scheduled supervisors
17 meeting this evening.
18 (Hearing concluded at 6:52 p.m.
19 and reopened at 6:54 p.m.)
20 MR. COHEN: I need to reopen
21 the hearing briefly. I did neglect to mention one
22 change. It's not substantive in nature, merely a
23 technical change to the proposed ordinance, as it
24 will be likely enacted, as opposed to that which
25 was advertised.
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1 And that minor change is to
2 Section 5 of the proposed ordinance, which in the
3 published proposed ordinance read: The provisions
4 of this ordinance shall become effective on and be
5 applicable to any document made, comma, executed,
6 comma, delivered, comma, accepted or presented for
7 recording on or after five days following the date
8 of enactment of this ordinance, as set forth
9 below.
10 The minor change that was made
11 is inserted into that language after the word
12 after is a blank, comma, 2007, comma, that being.
13 The intent of that inserted language is to clarify
14 the effective date of the ordinance, so a precise
15 date will be inserted as the effective date as
16 opposed to just leaving it vaguely stated as five
17 days following the enactment.
18 That is all.
19 We can close the hearing again.
20 (Hearing concluded at 6:54
21 p.m.)
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5 I hereby certify that the
6 proceedings and evidence are contained fully and
7 accurately in the notes taken by me at the hearing
8 in the above matter; and that the foregoing is a
9 true and correct transcript of the same.
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12 _______________________
13 DIANE M. PRESSLEY
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