Before
                     THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
                                            ---

                In Re:  Reorganizational Meeting

                                            ---
                   Tobyhanna Township Government Center Building
                                       State Avenue
                           Pocono Pines, Pennsylvania 18350
                  Monday, January 4, 2010, beginning at 3:35 p.m.
                                            ---
                PRESENT:     JOHN E. KERRICK, Chairperson
                             HEIDI PICKARD, Vice-Chairperson
                             DONALD J. MOYER, Board Member
                             JAMIE B. KEENER, Board Member
                             ANNE LAMBERTON, Board Member
                             PATRICK ARMSTRONG, ESQUIRE, Solicitor
                             ROBERT McHALE, PE
                             Township Engineer
                ALSO PRESENT: Phyllis Haase, Zoning Officer
                              John Brogan,
                              Sewage Enforcement Officer
                                            ---




                                     Panko Reporting
                              537 Sarah Street, 2nd Floor
                            Stroudsburg, Pennsylvania 18360
                                     (570) 421-3620



                                                                        2
           1                         MR. KERRICK:  I'd like to open
           2    the reorganizational meeting with the pledge of
           3    allegiance.
           4                         (Pledge of Allegiance.)
           5                         MR. KERRICK:  First item,
           6    nominations for chairman of the board of
           7    supervisors.
           8                         MS. PICKARD:  I nominate John
           9    Kerrick as chairman of the board of supervisors.
          10                         MR. MOYER:  Second.
          11                         MR. KERRICK:  Questions or
          12    comments?  Call the vote.  Jamie.
          13                         MR. KEENER:  I vote in favor.
          14                         MR. KERRICK:  Anne.
          15                         MRS. LAMBERTON:  I vote in
          16    favor.
          17                         MR. KERRICK:  Donnie.
          18                         MR. MOYER:  I vote in favor.
          19                         MR. KERRICK:  Heidi.
          20                         MS. PICKARD:  Vote in favor.
          21                         MR. KERRICK:  I'll abstain.
          22    Thank you for your confidence.
          23                         Next, nominee for vice-chair
          24    board of supervisors.
          25                         MR. KEENER:  I nominate Heidi



                                                                        3
           1    Pickard, vice-chair board of supervisors.
           2                         MRS. LAMBERTON:  I second it.
           3                         MR. KERRICK:  Motion and second.
           4    Questions?  Call the vote.  Jamie.
           5                         MR. KEENER:  I vote in favor.
           6                         MR. KERRICK:  Anne.
           7                         MRS. LAMBERTON:  I vote in
           8    favor.
           9                         MR. KERRICK:  Donnie.
          10                         MR. MOYER:  I vote in favor.
          11                         MR. KERRICK:  Heidi.
          12                         MS. PICKARD:  I'll abstain.
          13                         MR. KERRICK:  And I'll vote in
          14    favor.  Motion carries.
          15                         Entertain a motion for an
          16    appointee to serve as township secretary.
          17                         MR. KEENER:  Nominate Heidi
          18    Pickard to serve as township secretary.
          19                         MR. KERRICK:  Motion.  Do we
          20    have a second?
          21                         MRS. LAMBERTON:  I second it.
          22                         MR. KERRICK:  Motion and second.
          23    Questions or comments?  Call the vote.  Jamie.
          24                         MR. KEENER:  I vote in favor.
          25                         MR. KERRICK:  Anne.



                                                                        4
           1                         MRS. LAMBERTON:  I vote in
           2    favor.
           3                         MR. KERRICK:  Donnie.
           4                         MR. MOYER:  I vote in favor.
           5                         MR. KERRICK:  Heidi.
           6                         MS. PICKARD:  Abstain.
           7                         MR. KERRICK:  And I'll vote in
           8    favor.  Motion carried.
           9                         We need a nominee to serve as
          10    assistant township secretary to assist and perform
          11    duties of the township secretary in absence or
          12    disability of the township secretary.
          13                         MS. PICKARD:  I nominate Margie
          14    Argot as assistant township secretary.
          15                         MRS. LAMBERTON:  Second.
          16                         MR. KERRICK:  Motion and second.
          17    Questions or comments?
          18                         Call the vote.  Jamie.
          19                         MR. KEENER:  I vote in favor.
          20                         MR. KERRICK:  Anne.
          21                         MRS. LAMBERTON:  I vote in
          22    favor.
          23                         MR. KERRICK:  Donnie.
          24                         MR. MOYER:  I vote in favor.
          25                         MR. KERRICK:  Heidi.



                                                                        5
           1                         MS. PICKARD:  Vote in favor.
           2                         MR. KERRICK:  Vote in favor.
           3    Motion carried.
           4                         Motion to appoint township
           5    treasurer.
           6                         MS. PICKARD:  I make a motion we
           7    approve Theresa Dougherty as township treasurer.
           8                         MR. MOYER:  Second.
           9                         MR. KERRICK:  Motion and second.
          10    Question or comments?
          11                         Call the vote.  Jamie.
          12                         MR. KEENER:  I vote in favor.
          13                         MR. KERRICK:  Anne.
          14                         MRS. LAMBERTON:  I vote in
          15    favor.
          16                         MR. KERRICK:  Donnie.
          17                         MR. MOYER:  I vote in favor.
          18                         MR. KERRICK:  Heidi.
          19                         MS. PICKARD:  I vote in favor.
          20                         MR. KERRICK:  And I'll vote in
          21    favor.  Motion carried.
          22                         Nomination for assistant
          23    township treasurer.
          24                         MR. KEENER:  I nominate Heidi
          25    Pickard as assistant township treasurer.



                                                                        6
           1                         MRS. LAMBERTON:  Second.
           2                         MR. KERRICK:  Motion and second.
           3    Questions or comments?
           4                         Call the vote.  Jamie.
           5                         MR. KEENER:  I vote in favor.
           6                         MR. KERRICK:  Anne.
           7                         MRS. LAMBERTON:  I vote in
           8    favor.
           9                         MR. KERRICK:  Donnie.
          10                         MR. MOYER:  I vote in favor.
          11                         MR. KERRICK:  Heidi.
          12                         MS. PICKARD:  I abstain.
          13                         MR. KERRICK:  And I'll vote in
          14    favor.  Motion carried.
          15                         Nominate to serve as chief
          16    administrator of the township Non-uniformed Pension
          17    Plan.
          18                         MR. KEENER:  John Kerrick to
          19    serve as chief administrator of the Non-uniformed
          20    Pension Plan.
          21                         MRS. LAMBERTON:  Second.
          22                         MR. KERRICK:  Motion and second.
          23    Questions or comments?
          24                         Call the vote.  Jamie.
          25                         MR. KEENER:  I vote in favor.



                                                                        7
           1                         MR. KERRICK:  Anne.
           2                         MRS. LAMBERTON:  I vote in
           3    favor.
           4                         MR. KERRICK:  Donnie.
           5                         MR. MOYER:  I vote in favor.
           6                         MR. KERRICK:  Heidi.
           7                         MS. PICKARD:  Vote in favor.
           8                         MR. KERRICK:  I vote in favor.
           9    Motion carried.
          10                         Next item, nomination for
          11    township emergency management coordinator.
          12                         MS. PICKARD:  Nominate Ed
          13    Tutrone to serve as emergency management
          14    coordinator of the township.
          15                         MR. KERRICK:  Motion.  Do we
          16    have a second?
          17                         Do we have a second?
          18                         Motion dies for lack of a
          19    second.
          20                         Do we have anyone else in mind?
          21                         MR. KEENER:  I'll nominate John
          22    Kerrick to serve as township management
          23    coordinator.
          24                         MR. KERRICK:  Can we go off the
          25    record for a minute?



                                                                        8
           1                         (Off record discussion.
           2                         MR. KEENER:  I withdraw my
           3    nomination.
           4                         MR. KERRICK:  Do we have anybody
           5    else in mind or hold it for the time being?
           6                         MR. MOYER:  Can we talk about it
           7    at the --
           8                         MR. KEENER:  I'll nominate John
           9    Lamberton to serve as township emergency management
          10    coordinator.
          11                         MR. MOYER:  Second.
          12                         MR. KERRICK:  Motion and second.
          13    Questions or comments?
          14                         Call the vote.  Jamie.
          15                         MR. KEENER:  I vote in favor.
          16                         MR. KERRICK:  Anne.
          17                         MRS. LAMBERTON:  I'll abstain.
          18                         MR. KERRICK:  Donnie.
          19                         MR. MOYER:  I vote in favor.
          20                         MR. KERRICK:  Heidi.
          21                         MS. PICKARD:  Vote in favor.
          22                         MR. KERRICK:  And I'll vote in
          23    favor.
          24                         Next item.  Need an assistant
          25    township emergency management coordinator.



                                                                        9
           1                         MS. PICKARD:  Why don't we skip
           2    that.
           3                         MR. KERRICK:  Hold off.  We have
           4    to appoint two township supervisors to serve as
           5    representatives to the Pocono Mountain Regional
           6    Police Commission.
           7                         MS. PICKARD:  I'll nominate John
           8    Kerrick and Jaime Keener to serve as township
           9    representatives to the Pocono Mountain Regional
          10    Police Commission.
          11                         MR. KERRICK:  Motion.  Do we
          12    have a second?
          13                         MRS. LAMBERTON:  I'll second
          14    that.
          15                         MR. KERRICK:  Questions or
          16    comments?  Call the vote, Jaime.
          17                         MR. KEENER:  Abstain.
          18                         MR. KERRICK:  Anne.
          19                         MRS. LAMBERTON:  Vote in favor.
          20                         MR. KERRICK:  Donnie.
          21                         MR. MOYER:  Vote in favor.
          22                         MR. KERRICK:  Heidi.
          23                         MS. PICKARD:  I vote in favor.
          24                         MR. KERRICK:  I'll abstain.
          25    Motion carries.



                                                                        10
           1                         We need to appoint a township
           2    resident/tax payer to serve as township
           3    representative at large to the Pocono Mountain
           4    Regional Police Commission.
           5                         MS. PICKARD:  I'll nominate Dave
           6    Moyer to serve as resident/tax payer to serve as
           7    township representative to the Pocono Mountain
           8    Regional Police Commission.
           9                         MR. KERRICK:  Motion on the
          10    floor.  Do we have a second?
          11                         MR. KEENER:  Second.
          12                         MR. KERRICK:  Motion and second.
          13    Question or comments?
          14                         Call the vote.  Jamie.
          15                         MR. KEENER:  I vote in favor.
          16                         MR. KERRICK:  Anne.
          17                         MRS. LAMBERTON:  I'll abstain.
          18                         MR. KERRICK:  Donnie.
          19                         MR. MOYER:  I vote in favor.
          20                         MR. KERRICK:  Heidi.
          21                         MS. PICKARD:  Vote in favor.
          22                         MR. KERRICK:  And I'll vote in
          23    favor.  Motion carried.
          24                         We need a member of the board of
          25    supervisors to serve as the township representative



                                                                        11
           1    to the Pocono Mountain Council of Governments.
           2                         MS. PICKARD:  I'll nominate Anne
           3    Lamberton to serve as township representative to
           4    the Pocono Mountain Council of Government.
           5                         MR. KEENER:  Second.
           6                         MR. KERRICK:  Motion and second.
           7    Questions or comments?
           8                         Call the vote.  Jamie.
           9                         MR. KEENER:  I vote in favor.
          10                         MR. KERRICK:  Anne.
          11                         MRS. LAMBERTON:  I'll abstain.
          12                         MR. KERRICK:  Donnie.
          13                         MR. MOYER:  I vote in favor.
          14                         MR. KERRICK:  Heidi.
          15                         MS. PICKARD:  I vote in favor.
          16                         MR. KERRICK:  And I'll vote in
          17    favor.  Motion carried.
          18                         MS. PICKARD:  I'd also like to
          19    nominate Don Moyer as alternate representative to
          20    the Pocono Mountain Council of Government.
          21                         MR. KERRICK:  Do we have a
          22    second?
          23                         MR. KEENER:  Second.
          24                         MR. KERRICK:  Motion and second.
          25    Questions or comments?



                                                                        12
           1                         Call the vote.  Jamie.
           2                         MR. KEENER:  I vote in favor.
           3                         MR. KERRICK:  Anne.
           4                         MRS. LAMBERTON:  I'll abstain.
           5                         MR. KERRICK:  Donnie.
           6                         MR. MOYER:  I'll abstain.
           7                         MR. KERRICK:  Heidi.
           8                         MS. PICKARD:  I'll vote in
           9    favor.
          10                         MR. KERRICK:  And I'll vote in
          11    favor.  Motion carried.
          12                         Nominations for -- it needs to
          13    be a township supervisor to serve as representative
          14    to the Pocono Mountain Regional Emergency Services
          15    Commission.
          16                         MR. KEENER:  Nominate Heidi
          17    Pickard to serve as Pocono Mountain Regional
          18    Emergency Services Commissioner.
          19                         MRS. LAMBERTON:  Second.
          20                         MR. KERRICK:  Motion and second.
          21    Questions or comments?
          22                         Call the vote.  Jamie.
          23                         MR. KEENER:  I vote in favor.
          24                         MR. KERRICK:  Anne.
          25                         MRS. LAMBERTON:  I vote in



                                                                        13
           1    favor.
           2                         MR. KERRICK:  Donnie.
           3                         MR. MOYER:  I vote in favor.
           4                         MR. KERRICK:  Heidi.
           5                         MS. PICKARD:  I'll abstain.
           6                         MR. KERRICK:  And I'll vote in
           7    favor.  Motion carried.
           8                         Appoint a township supervisor to
           9    serve as representative to Top of the Mountain Open
          10    Space Advisory Committee.
          11                         MR. KEENER:  Nominate Heidi
          12    Pickard.
          13                         MR. KERRICK:  Is there a second?
          14                         MRS. LAMBERTON:  I'll second it.
          15                         MR. KERRICK:  Motion and second.
          16    Questions or comments?
          17                         Call the vote.  Jamie.
          18                         MR. KEENER:  I vote in favor.
          19                         MR. KERRICK:  Anne.
          20                         MRS. LAMBERTON:  I vote in
          21    favor.
          22                         MR. KERRICK:  Donnie.
          23                         MR. MOYER:  I vote in favor.
          24                         MR. KERRICK:  Heidi.
          25                         MS. PICKARD:  I'll abstain.



                                                                        14
           1                         MR. KERRICK:  And I'll vote in
           2    favor.  Motion carried.
           3                         Appoint township supervisor to
           4    serve as a representative to the Regional
           5    Comprehensive Plan Committee.
           6                         MS. PICKARD:  I nominate Jamie
           7    Keener to serve as representative to the Regional
           8    Comprehensive Plan Committee.
           9                         MRS. LAMBERTON:  I'll second it.
          10                         MR. KERRICK:  Motion and second.
          11    Questions or comments?
          12                         Call the vote.  Jamie.
          13                         MR. KEENER:  I abstain.
          14                         MR. KERRICK:  Anne.
          15                         MRS. LAMBERTON:  I vote in
          16    favor.
          17                         MR. KERRICK:  Donnie.
          18                         MR. MOYER:  I vote in favor.
          19                         MR. KERRICK:  Heidi.
          20                         MS. PICKARD:  Vote in favor.
          21                         MR. KERRICK:  And I'll vote in
          22    favor.  Motion carried.
          23                         We need to appoint an open
          24    records officer in accordance with the Pennsylvania
          25    Right to Know Law.



                                                                        15
           1                         Heidi did it for this past year.
           2    Is that your motion?
           3                         MR. MOYER:  Yes.
           4                         MR. KERRICK:  Is that your
           5    second?
           6                         MRS. LAMBERTON:  Second.
           7                         MR. KERRICK:  Call the vote.
           8    Jamie.
           9                         MR. KEENER:  I vote in favor.
          10                         MR. KERRICK:  Anne.
          11                         MRS. LAMBERTON:  I vote in
          12    favor.
          13                         MR. KERRICK:  Donnie.
          14                         MR. MOYER:  I vote in favor.
          15                         MR. KERRICK:  Heidi.
          16                         MS. PICKARD:  I'll abstain.
          17                         MR. KERRICK:  And I'll vote in
          18    favor.  Motion carried.
          19                         A nomination to serve as chair
          20    of the Vacancy Board.
          21                         MS. PICKARD:  Make a motion we
          22    appoint Mark Argot to serve as chair of the vacancy
          23    board.
          24                         MRS. LAMBERTON:  Second it.
          25                         MR. KERRICK:  Motion and second.



                                                                        16
           1    Questions or comments?
           2                         Call the vote.  Jamie.
           3                         MR. KEENER:  I vote in favor.
           4                         MR. KERRICK:  Anne.
           5                         MRS. LAMBERTON:  I vote in
           6    favor.
           7                         MR. KERRICK:  Donnie.
           8                         MR. MOYER:  I vote in favor.
           9                         MR. KERRICK:  Heidi.
          10                         MS. PICKARD:  Vote in favor.
          11                         MR. KERRICK:  And I'll vote in
          12    favor.  Motion carried.
          13                         We need to appoint a recording
          14    secretary to the board of supervisors.
          15                         MS. PICKARD:  Make a motion we
          16    appoint Panko Reporting as recording secretary to
          17    the board of supervisors.
          18                         MR. KERRICK:  Motion.  Do we
          19    have a second?
          20                         MRS. LAMBERTON:  I'll second it.
          21                         MR. KERRICK:  Questions or
          22    comments?  Call the vote.  Jamie.
          23                         MR. KEENER:  I vote in favor.
          24                         MR. KERRICK:  Anne.
          25                         MRS. LAMBERTON:  I vote in



                                                                        17
           1    favor.
           2                         MR. KERRICK:  Donnie.
           3                         MR. MOYER:  I vote in favor.
           4                         MR. KERRICK:  Heidi.
           5                         MS. PICKARD:  Vote in favor.
           6                         MR. KERRICK:  And I'll vote in
           7    favor.  Motion carried.
           8                         Township solicitor per hour, per
           9    meeting.
          10                         MS. PICKARD:  I make a motion we
          11    appoint Grim, Biehn & Thatcher at the rate of $150,
          12    $170 and $175 for general legal services,
          13    litigation and real estate.
          14                         MRS. LAMBERTON:  I'll second it.
          15                         MR. KERRICK:  Motion and second.
          16    Question or comments?
          17                         Call the vote.  Jamie.
          18                         MR. KEENER:  I vote in favor.
          19                         MR. KERRICK:  Anne.
          20                         MRS. LAMBERTON:  I vote in
          21    favor.
          22                         MR. KERRICK:  Donnie.
          23                         MR. MOYER:  I vote in favor.
          24                         MR. KERRICK:  Heidi.
          25                         MS. PICKARD:  Vote in favor.



                                                                        18
           1                         MR. KERRICK:  And I'll vote in
           2    favor.  Motion carried.
           3                         MR. ARMSTRONG:  Thank you.
           4                         MR. KERRICK:  Thank you.
           5                         Also solicitor to act as
           6    township planning commission solicitor and set the
           7    hourly meeting price.
           8                         MS. PICKARD:  I'll make a motion
           9    we approve or appoint Grim, Biehn & Thatcher to
          10    serve as township planning commission solicitor at
          11    a rate of $150, $170 and $175.
          12                         MRS. LAMBERTON:  I'll second it.
          13                         MR. KERRICK:  Motion and second.
          14    Questions or comments?
          15                         Call the vote.  Jamie.
          16                         MR. KEENER:  I vote in favor.
          17                         MR. KERRICK:  Anne.
          18                         MRS. LAMBERTON:  I vote in
          19    favor.
          20                         MR. KERRICK:  Donnie.
          21                         MR. MOYER:  I vote in favor.
          22                         MR. KERRICK:  Heidi.
          23                         MS. PICKARD:  Vote in favor.
          24                         MR. KERRICK:  And I'll vote in
          25    favor.  Motion carried.



                                                                        19
           1                         MR. ARMSTRONG:  Thank you.
           2                         MR. KERRICK:  Entertain a motion
           3    establishing the payment of employee salaries and
           4    wages on a bi-weekly basis.
           5                         MS. PICKARD:  So moved.
           6                         MR. KEENER:  Second.
           7                         MR. KERRICK:  Questions or
           8    comments?
           9                         Call the vote.  Jamie.
          10                         MR. KEENER:  I vote in favor.
          11                         MR. KERRICK:  Anne.
          12                         MRS. LAMBERTON:  I vote in
          13    favor.
          14                         MR. KERRICK:  Donnie.
          15                         MR. MOYER:  I vote in favor.
          16                         MR. KERRICK:  Heidi.
          17                         MS. PICKARD:  Vote in favor.
          18                         MR. KERRICK:  And I'll vote in
          19    favor.  Motion carried.
          20                         Entertain a motion establishing
          21    the 2010 holiday schedule for the township
          22    employees.
          23                         MR. MOYER:  So moved.
          24                         MS. PICKARD:  Second.
          25                         MR. KERRICK:  Motion and second.



                                                                        20
           1    Question or comments?
           2                         Call the vote.  Jamie.
           3                         MR. KEENER:  I vote in favor.
           4                         MR. KERRICK:  Anne.
           5                         MRS. LAMBERTON:  I vote in
           6    favor.
           7                         MR. KERRICK:  Donnie.
           8                         MR. MOYER:  I vote in favor.
           9                         MR. KERRICK:  Heidi.
          10                         MS. PICKARD:  Vote in favor.
          11                         MR. KERRICK:  And I'll vote in
          12    favor.  Motion carried.
          13                         Entertain a motion establishing
          14    a tax assessor's bond at 40,000.
          15                         MS. PICKARD:  So moved.
          16                         MR. KERRICK:  Second?
          17                         MR. KEENER:  Second.
          18                         MR. KERRICK:  Questions or
          19    comments?
          20                         Call the vote.  Jamie.
          21                         MR. KEENER:  I vote in favor.
          22                         MR. KERRICK:  Anne.
          23                         MRS. LAMBERTON:  I vote in
          24    favor.
          25                         MR. KERRICK:  Donnie.



                                                                        21
           1                         MR. MOYER:  I vote in favor.
           2                         MR. KERRICK:  Heidi.
           3                         MS. PICKARD:  Vote in favor.
           4                         MR. KERRICK:  And I'll vote in
           5    favor.  Motion carried.
           6                         Entertain a motion establishing
           7    the 2010 mileage rate.
           8                         MS. PICKARD:  I make a motion
           9    that we establish the 2010 mileage rate to be that
          10    of the IRS designated rate, which is currently 50
          11    cents per mile.
          12                         MRS. LAMBERTON:  I'll second it.
          13                         MR. KERRICK:  Motion and second.
          14    Questions or comments?
          15                         Call the vote.  Jamie.
          16                         MR. KEENER:  I vote in favor.
          17                         MR. KERRICK:  Anne.
          18                         MRS. LAMBERTON:  I vote in
          19    favor.
          20                         MR. KERRICK:  Donnie.
          21                         MR. MOYER:  Vote in favor.
          22                         MR. KERRICK:  Heidi.
          23                         MS. PICKARD:  Vote in favor.
          24                         MR. KERRICK:  And I'll vote in
          25    favor.  Motion carried.



                                                                        22
           1                         Certify the five township board
           2    of supervisors, township engineer and the township
           3    solicitor as delegates to the Pennsylvania Township
           4    Supervisors 2010 Annual Convention.  Need a motion.
           5                         MS. PICKARD:  So moved.
           6                         MR. KERRICK:  Is there a second?
           7                         MRS. LAMBERTON:  Second.
           8                         MR. KERRICK:  Motion and second.
           9                         Call the vote.  Jamie.
          10                         MR. KEENER:  I vote in favor.
          11                         MR. KERRICK:  Anne.
          12                         MRS. LAMBERTON:  I vote in
          13    favor.
          14                         MR. KERRICK:  Donnie.
          15                         MR. MOYER:  I vote in favor.
          16                         MR. KERRICK:  Heidi.
          17                         MS. PICKARD:  Vote in favor.
          18                         MR. KERRICK:  And I vote in
          19    favor.  Motion carried.
          20                         To certify a township supervisor
          21    to serve as voting delegate to the Pennsylvania
          22    State Association of Township Supervisors 2010
          23    Annual Convention.
          24                         MS. PICKARD:  I will certify
          25    Jamie Keener to serve as voting delegate to the



                                                                        23
           1    Pennsylvania Sate Association of Township
           2    Supervisors Annual Convention.
           3                         MRS. LAMBERTON:  Second.
           4                         MR. KERRICK:  Motion and second.
           5                         Call the vote.  Jamie.
           6                         MR. KEENER:  I vote in favor.
           7                         MR. KERRICK:  Anne.
           8                         MRS. LAMBERTON:  I vote in
           9    favor.
          10                         MR. KERRICK:  Donnie.
          11                         MR. MOYER:  I vote in favor.
          12                         MR. KERRICK:  Heidi.
          13                         MS. PICKARD:  Vote in favor.
          14                         MR. KERRICK:  And I'll vote in
          15    favor.  Motion carried.
          16                         Approve the agreement to retain
          17    Brian Oram, PG for the year 2010 as the
          18    professional soil scientist for the township at the
          19    rates set forth in the agreement.
          20                         MR. ARMSTRONG:  I briefly looked
          21    at it.  There is an initial retainer regardless.
          22                         MS. PICKARD:  There is a minimum
          23    of $1750.
          24                         That being said, I'll make a
          25    motion to approve the agreement to retain Brian



                                                                        24
           1    Oram, PG for the year 2010 as set forth in his
           2    agreement.
           3                         MR. KERRICK:  We have a motion.
           4    Do we have a second?
           5                         MR. MOYER:  Second.
           6                         MR. KERRICK:  Motion and second.
           7    Questions or comments.
           8                         MR. KEENER:  Yeah.  Did you
           9    say -- one said it was a retainer, the other said
          10    it was a minimum amount.  Which is it?
          11                         MS. PICKARD:  They guarantee a
          12    minimum amount.  Did you read the agreement that
          13    was in your packet?
          14                         MR. KEENER:  So it's not a
          15    retainer.
          16                         MS. PICKARD:  We desire to
          17    retain the services -- guaranteed minimum fee for
          18    the calendar year.  We did the same thing last
          19    year, except I think it went up somewhat.  We did
          20    use his services, so we didn't pay for nothing last
          21    year.
          22                         MR. KEENER:  We don't pay that
          23    amount in addition to services that he provides?
          24                         MS. PICKARD:  We did not.
          25                         MR. ARMSTRONG:  Just reading



                                                                        25
           1    this, my understanding is, if you pay that 1750, if
           2    you don't use the services, I think you lose that
           3    money.
           4                         MR. KEENER:  But why do we pay
           5    it up front?  Wouldn't we pay it as the services
           6    were used up to the point --
           7                         MS. PICKARD:  I don't think we
           8    prepaid Brian Oram.  We paid him as we used him
           9    this year.
          10                         MR. KEENER:  Then at the end of
          11    the year you have to come up with the difference.
          12    Okay.
          13                         MR. KERRICK:  So all questions
          14    are answered?
          15                         MR. KEENER:  Yes.
          16                         MR. KERRICK:  Call the vote.
          17    Jamie.
          18                         MR. KEENER:  I vote in favor.
          19                         MR. KERRICK:  Anne.
          20                         MRS. LAMBERTON:  I vote in
          21    favor.
          22                         MR. KERRICK:  Donnie.
          23                         MR. MOYER:  I vote in favor.
          24                         MR. KERRICK:  Heidi.
          25                         MS. PICKARD:  Vote in favor.



                                                                        26
           1                         MR. KERRICK:  And I'll vote in
           2    favor.  Motion carried.
           3                         Approve L & V Engineering
           4    Proposal for Traffic Engineering Proposal on an as
           5    needed basis for the year 2010.
           6                         MR. KEENER:  Motion to approve.
           7                         MR. KERRICK:  Do we have a
           8    second?
           9                         MR. MOYER:  Second.
          10                         MR. KERRICK:  Motion and second.
          11    Questions or comments?
          12                         Call the vote.  Jamie.
          13                         MR. KEENER:  I vote in favor.
          14                         MR. KERRICK:  Anne.
          15                         MRS. LAMBERTON:  I vote in
          16    favor.
          17                         MR. KERRICK:  Donnie.
          18                         MR. MOYER:  I vote in favor.
          19                         MR. KERRICK:  Heidi.
          20                         MS. PICKARD:  Vote in favor.
          21                         MR. KERRICK:  And I'll vote in
          22    favor.  Motion carried.
          23                         Appoint alternate sewage
          24    enforcement officer for the year 2010.  Jeryl
          25    Rinehart.



                                                                        27
           1                         You want to make that motion?
           2                         MRS. LAMBERTON:  I'll nominate
           3    Jeryl Rinehart.
           4                         MS. PICKARD:  I'll second it.
           5                         MR. KERRICK:  Motion and second.
           6    Questions or comments?
           7                         Call the vote.  Jamie.
           8                         MR. KEENER:  I vote in favor.
           9                         MR. KERRICK:  Anne.
          10                         MRS. LAMBERTON:  I vote in
          11    favor.
          12                         MR. KERRICK:  Donnie.
          13                         MR. MOYER:  I vote in favor.
          14                         MR. KERRICK:  Heidi.
          15                         MS. PICKARD:  Vote in favor.
          16                         MR. KERRICK:  And I'll vote in
          17    favor.  Motion carried.
          18                         Need a nominee as a sewage
          19    hearing board officer for the year 2010.
          20                         MS. PICKARD:  I make a motion we
          21    approve George Ewald Sewage Hearing Board for the
          22    year 2010.  What did we appropriate last year?
          23                         MRS. LAMBERTON:  Fifty dollars
          24    per hearing.
          25                         MS. PICKARD:  At a rate of fifty



                                                                        28
           1    dollars per hearing.
           2                         MR. KERRICK:  Do we have a
           3    second?
           4                         MRS. LAMBERTON:  I'll second it.
           5                         MR. KERRICK:  Motion and second.
           6                         Call the vote.  Jamie.
           7                         MR. KEENER:  I vote in favor.
           8                         MR. KERRICK:  Anne.
           9                         MRS. LAMBERTON:  I vote in
          10    favor.
          11                         MR. KERRICK:  Donnie.
          12                         MR. MOYER:  I vote in favor.
          13                         MR. KERRICK:  Heidi.
          14                         MS. PICKARD:  Vote in favor.
          15                         MR. KERRICK:  And I'll vote in
          16    favor.  Motion carried.
          17                         Consider enactment of Resolution
          18    No. 2010-001 setting the dates, times and place for
          19    township meetings to be held.
          20                         MS. PICKARD:  I had a correction
          21    to the pink copy.  We had discussed whether or not
          22    we could go to the school for our April meeting.
          23    The school can't accommodate April, so they asked
          24    us to look at May and we had 9 a.m. here but they
          25    said that's too early because school is just



                                                                        29
           1    starting, so they are asking that we make it at
           2    9:30 on May 10th.
           3                         MR. KERRICK:  So that would be
           4    your proposal, your motion?
           5                         MS. PICKARD:  My motion would be
           6    the meeting scheduled 2010 as indicated with the
           7    one adjustment of May 10th to be 9:30 a.m.
           8                         MR. KERRICK:  Do we have a
           9    second?
          10                         MR. KEENER:  Second.
          11                         MR. KERRICK:  Motion and second.
          12                         Call the vote.  Jamie.
          13                         MR. KEENER:  I vote in favor.
          14                         MR. KERRICK:  Anne.
          15                         MRS. LAMBERTON:  I vote in
          16    favor.
          17                         MR. KERRICK:  Donnie.
          18                         MR. MOYER:  I vote in favor.
          19                         MR. KERRICK:  Heidi.
          20                         MS. PICKARD:  Vote in favor.
          21                         MR. KERRICK:  And I'll vote in
          22    favor.  Motion carried.
          23                         Enactment of resolution No.
          24    2010-002 designating certain financial institutions
          25    as depositories for township monies.



                                                                        30
           1                         MS. PICKARD:  Make a motion we
           2    approve Resolution 2010-002.
           3                         MR. KERRICK:  Who are the ones
           4    listed?
           5                         MS. PICKARD:  Community, PNC
           6    Bank --
           7                         MR. KERRICK:  Do we want to look
           8    at anybody else?
           9                         MS. PICKARD:  We have to do
          10    banking tomorrow --
          11                         MR. KERRICK:  I understand that.
          12    Do we want to look at anyone else, I'm asking?
          13                         MRS. LAMBERTON:  I don't think
          14    it could hurt.  Suggestions?
          15                         MR. KERRICK:  As she said, we
          16    have to do banking tomorrow, so we have to do
          17    something.  Can we name them or --
          18                         MS. PICKARD:  We really -- we
          19    can do that at any point in time, just amend it.
          20                         MR. ARMSTRONG:  You can amend
          21    it.
          22                         MR. KERRICK:  I think it needs
          23    to be addressed.
          24                         MRS. LAMBERTON:  It can't hurt.
          25                         MR. KERRICK:  So you will make



                                                                        31
           1    that motion, Heidi?
           2                         MS. HEIDI:  I did.
           3                         MR. KERRICK:  Could we have a
           4    second?
           5                         MRS. LAMBERTON:  Second.
           6                         MR. KERRICK:  Second.
           7                         Call the vote.  Jamie.
           8                         MR. KEENER:  I vote in favor.
           9                         MR. KERRICK:  Anne.
          10                         MRS. LAMBERTON:  I vote in
          11    favor.
          12                         MR. KERRICK:  Donnie.
          13                         MR. MOYER:  I vote in favor.
          14                         MR. KERRICK:  Heidi.
          15                         MS. PICKARD:  Vote in favor.
          16                         MR. KERRICK:  And I'll vote in
          17    favor.  Motion carried.
          18                         Consider enactment of Resolution
          19    2010-003 appointing a public accounting firm to the
          20    township replacing elected/appointed township
          21    auditors.
          22                         MS. PICKARD:  I make a motion we
          23    approve Resolution 2010-003 appointing Todd Bushta
          24    as the public accounting firm to the township
          25    replacing the elected township auditors.



                                                                        32
           1                         MR. KERRICK:  Motion.  Do we
           2    have a second?
           3                         MR. KEENER:  I'll second it to
           4    bring it to discussion.
           5                         MR. KERRICK:  Motion and second.
           6    Questions or comments?
           7                         Questions?
           8                         MR. MOYER:  Has there been any
           9    more development?
          10                         MS. PICKARD:  No, there hasn't
          11    been any development.  I had talked to Todd.  I
          12    made some other calls with regard to Dogherty, but
          13    there was really no township that he did any
          14    auditing for.  They were more 800 thousand to
          15    million dollar budgets, there was 1 or 2 boroughs
          16    that he did.  I didn't get any calls back.  I feel
          17    comfortable under the circumstances with our
          18    smaller staff sticking with Todd for this year.
          19    For the price, I don't think we are going to save
          20    any money.
          21                         MR. KERRICK:  Any other
          22    questions?
          23                         Call the vote.  Jamie.
          24                         MR. KEENER:  I vote in favor.
          25                         MR. KERRICK:  Anne.



                                                                        33
           1                         MRS. LAMBERTON:  I vote in
           2    favor.
           3                         MR. KERRICK:  Donnie.
           4                         MR. MOYER:  I vote in favor.
           5                         MR. KERRICK:  Heidi.
           6                         MS. PICKARD:  Vote in favor.
           7                         MR. KERRICK:  And I'll vote in
           8    favor.  Motion carried.
           9                         Consider enactment of Resolution
          10    2010-004 establishing tax rates for the calendar
          11    year 2010.
          12                         MS. PICKARD:  I make a motion
          13    approving Resolution 2010-004 establishing tax
          14    rates for the calendar year 2010.
          15                         MR. KERRICK:  Is there a second?
          16                         MR. KEENER:  Second.
          17                         MR. KERRICK:  Questions or
          18    comments?
          19                         Call the vote.  Jamie.
          20                         MR. KEENER:  I vote in favor.
          21                         MR. KERRICK:  Anne.
          22                         MRS. LAMBERTON:  I vote in
          23    favor.
          24                         MR. KERRICK:  Donnie.
          25                         MR. MOYER:  I vote in favor.



                                                                        34
           1                         MR. KERRICK:  Heidi.
           2                         MS. PICKARD:  Vote in favor.
           3                         MR. KERRICK:  And I'll vote in
           4    favor.  Motion carried.
           5                         Consider enactment of Resolution
           6    No. 2010-005 appointing a special counsel to the
           7    board on any legal matter that becomes a conflict
           8    with the township solicitor and the rates per
           9    meeting.
          10                         MS. PICKARD:  I make a motion we
          11    approve McNamara, Bolla, Williams and Panzer as
          12    special counsel at the rate of $185 per hour.
          13                         MR. MOYER:  What is the rate?
          14                         MS. PICKARD:  $185 an hour.
          15                         MR. KERRICK:  Motion.  Do we
          16    have a second?
          17                         MR. KEENER:  Second.
          18                         MR. KERRICK:  Motion and second.
          19    Questions or comments?
          20                         Call the vote.  Jamie.
          21                         MR. KEENER:  I vote in favor.
          22                         MR. KERRICK:  Anne.
          23                         MRS. LAMBERTON:  I vote in
          24    favor.
          25                         MR. KERRICK:  Donnie.



                                                                        35
           1                         MR. MOYER:  I vote in favor.
           2                         MR. KERRICK:  Heidi.
           3                         MS. PICKARD:  Vote in favor.
           4                         MR. KERRICK:  And I'll vote in
           5    favor.  Motion carried.
           6                         Consider Resolution 2010-006
           7    setting a fee schedule for subdivision and land
           8    development, planned residential development,
           9    zoning hearing board, board of supervisors and
          10    other miscellaneous fees.
          11                         MS. PICKARD:  I make a motion we
          12    approve Resolution No. 2010-006, Fee Resolution.  I
          13    did want to make the comment that we did currently
          14    just change a couple of the items.  One of them was
          15    the zoning map change.  Under Part 2.D, we raised
          16    the contract for professional services to a
          17    thousand dollars because of the $500.00 was not
          18    enough.
          19                         And I raised the main lodge
          20    rental rates 25 dollars for each category and 50
          21    dollars on the deposit of the rates mostly due to
          22    increase in electricity, and we had some issues
          23    with not having enough deposit money on a couple
          24    instances over the summer.  And Phyllis and I and
          25    Bob and John Brogan are going to work on some other



                                                                        36
           1    items to amended the fee resolution going down the
           2    road.  Phyllis says we need some stronger
           3    stormwater management fees.  We're going to take a
           4    look at discussing how we are going to -- whether
           5    we are going to raise sewage enforcement fees,
           6    especially if we are going to work jointly with
           7    Tunkhannock Township.
           8                         MR. KERRICK:  With the state
           9    allocation cut in half, we need to address that.
          10                         MS. PICKARD:  We received --
          11    approving 42 and a half percent of our
          12    reimbursement.  We submitted an adjustment of
          13    $12,000, so instead of 120, we are getting 46
          14    thousand.
          15                         MR. KERRICK:  Do we have a
          16    second?
          17                         MR. MOYER:  Second.
          18                         MR. KERRICK:  Motion and second.
          19    Questions or comments?
          20                         Call the vote.  Jamie.
          21                         MR. KEENER:  I vote in favor.
          22                         MR. KERRICK:  Anne.
          23                         MRS. LAMBERTON:  I vote in
          24    favor.
          25                         MR. KERRICK:  Donnie.



                                                                        37
           1                         MR. MOYER:  I vote in favor.
           2                         MR. KERRICK:  Heidi.
           3                         MS. PICKARD:  Vote in favor.
           4                         MR. KERRICK:  And I'll vote in
           5    favor.  Motion carried.
           6                         Consider for enactment
           7    Resolution No. 2010-007 appointing a representative
           8    to serve as the Construction Code Joint Board of
           9    Appeals.
          10                         MS. PICKARD:  I make a motion
          11    that we appoint Brandon Carroll and Marlin V.
          12    Keiper to serve on our Construction Code Joint
          13    Board of Appeals.
          14                         MR. KEENER:  Second.
          15                         MR. KERRICK:  Motion and second.
          16    Questions or comments?
          17                         Call the vote.  Jamie.
          18                         MR. KEENER:  I vote in favor.
          19                         MR. KERRICK:  Anne.
          20                         MRS. LAMBERTON:  I vote in
          21    favor.
          22                         MR. KERRICK:  Donnie.
          23                         MR. MOYER:  I vote in favor.
          24                         MR. KERRICK:  Heidi.
          25                         MS. PICKARD:  Vote in favor.



                                                                        38
           1                         MR. KERRICK:  And I'll vote in
           2    favor.  Motion carried.
           3                         Appoint a nominee to serve as
           4    township auditor.
           5                         MS. PICKARD:  Make a motion we
           6    appoint John Duffy as auditor.
           7                         MR. KERRICK:  Is there a second?
           8                         MRS. LAMBERTON:  I second it.
           9                         MR. KERRICK:  Motion and second.
          10                         Call the vote.  Jamie.
          11                         MR. KEENER:  I vote in favor.
          12                         MR. KERRICK:  Anne.
          13                         MRS. LAMBERTON:  I vote in
          14    favor.
          15                         MR. KERRICK:  Donnie.
          16                         MR. MOYER:  I vote in favor.
          17                         MR. KERRICK:  Heidi.
          18                         MS. PICKARD:  Vote in favor.
          19                         MR. KERRICK:  And I'll vote in
          20    favor.  Motion carried.
          21                         That concludes our
          22    reorganizational meeting.
          23                         MR. KEENER:  Make a motion we
          24    adjourn the reorganizational meeting.
          25                         MR. MOYER:  Second.



                                                                        39
           1                         MR. KERRICK:  We are adjourned.
           2                         (Reorganizational meeting
           3    concluded at 4:05 p.m.)
           4                                ---
           5
           6
           7
           8
           9
          10                         I hereby certify that the
          11    proceedings and evidence are contained fully and
          12    accurately in the notes taken by me at the hearing
          13    in the above matter; and that the foregoing is a
          14    true and correct transcript of the same.
          15
          16
          17
          18                             JOSEPHINE HOLLMAN, C.R.
          19
          20
          21
          22
          23
          24
          25