2011-08-29, Board of Supervisors Joint Meeting with Authority

2011-08-29

JOINT MEETING
FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS & AUTHORITY
August 29, 2011
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 7:00 p.m.

II. ROLL CALL – AUTHORITY:
PRESENT: James C. Maxwell, Vice Chairman
John W. Mickle, III, Member
William C. Brown, Member
John Calaman, Member
David A. Jones, Solicitor
Donna L. Nissel, Secretary

III. ROLL CALL – BOARD OF SUPERVISORS:
PRESENT: Perry Albert, Chairman
John W. Mickle, III, Vice Chairman
William C. Brown, Supervisor
John C. Minito, Supervisor
Mario D. Pirritano, Supervisor
Stephen F. Smith, Manager
Donald F. Martin, Assistant Manager
Stephen M. Waller, Code Administration Director
Walter A. Tilley, Stock & Leader, Solicitor
Bernard G. Dugan, Chief of Police
Donna L. Nissel, Secretary

IV. AGENDA ITEMS – AUTHORITY:

1. Appoint Chairman:

Mr. Brown made a motion, seconded by Mr. Calaman to appoint James C. Maxwell as Chairman.
Vote on the motion: All yes. The motion carried.

2. Approval of Minutes – February 15, 2011:

Mr. Brown made a motion, seconded by Mr. Calaman to approve the minutes of the February 15, 2011 meeting of the Fairview Township Authority. It is noted for the record that no meetings were held in March, April, May, June or July.
Vote on the motion: Mr. Mickle abstained as he was not present at that meeting; all others, yes. The motion carried.

3. Adopt Resolution No. 2011-1 – 2001 Bond Debt Refinancing:

Mr. Frank Leber, Rhoads & Sinon, explained the procedures for the refunding of the 2001 sewer revenue bonds. With this refunding, the Township should realize a savings of approximately $1,456,000.
Mr. Mickle made a motion, seconded by Mr. Calaman, to adopt Resolution No. 2011-1.
Roll Call Vote: Mr. Maxwell, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Calaman, yes.
The Resolution was adopted.

4. ADJOURNMENT – AUTHORITY:

Mr. Mickle made a motion, seconded by Mr. Calaman, to adjourn the meeting of the Fairview Township Authority.
Vote on the motion: All yes. The Authority meeting was adjourned at 7:15 p.m.

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August 29, 2011
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V. AGENDA ITEMS – BOARD OF SUPERVISORS:

1. Ordinance No. 2011-4 – 2001 Bond Debt Refinancing:

Mr. Jens Damgaard, Rhoads & Sinon, explained the ordinance and documents necessary to approve the issuance of a General Obligation Note to refund and replace the 2001 Bond Issue.
Mr. Pirritano made a motion, seconded by Mr. Minito to adopt Ordinance No. 2011-4.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Ordinance was adopted.

2. Announcement of Executive Session:

Mr. Tilley advised that there was no Executive Session after the last meeting or prior to this meeting.
Mr. Smith advised that an Executive Session was held on August 16th to discuss the police contract.

3. Recognition of Public:

There was no public comment.

4. Subdivision Plans:

A. Modification Request:

1. Smith – Spanglers Mill & Old Forge Roads
a. 402.1.P – Wetlands Report
b. 402.1.Y – Septic Replacement Area

Mr. Mickle made a motion, seconded by Mr. Brown to approve the two modification requests as listed above.
Vote on the motion: All yes. The motion carried.

B. Minor Final Subdivision Plan – Gary Smith, Spanglers Mill & Old Forge Roads:

Mr. Mickle made a motion, seconded by Mr. Pirritano to approve the minor final subdivision Plan for Gary Smith, Spanglers Mill & Old Forge Roads, contingent upon favorable action on the modification requests above; submittal of signed and notarized plans; payment of recording fees; payment of all engineer fees; and compliance with the Township staff memo dated August 19, 2011.
Vote on the motion: All yes. The motion carried.

C. Minor Final Subdivision Plan – William Haines, Jr., Pinetown Road:

Mr. Minito made a motion, seconded by Mr. Brown to approve the minor final subdivision Plan for William Haines, Pinetown Road, contingent upon submittal of signed and notarized plans; payment of recording fees; payment of all engineer fees; and compliance with the Township staff memo dated August 19, 2011.
Vote on the motion: Al yes. The motion carried.

D. Time Extension Requests:

Smith, Thorley Road October 31, 2011
FedEx, Industrial Drive December 5, 2011

Mr. Mickle made a motion, seconded by Mr. Brown to approve the two (2) time extension requests listed above.
Vote on the motion: All yes. The motion carried.

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August 29, 2011
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5. Bid Award – Collection of Refuse, Recycling & Yard Waste:

Mr. Smith reviewed the procedures for this bid as well as the tabulation of bids received.
Mr. Pirritano asked if an escalator clause was included; Scott Wagner, Penn Waste advised there was no escalator clause.
Mr. Mickle took exception to the letter from one of the other bidders alluding to unknown savings by using a different method of collection.
Mr. Brown asked about starting time in the morning; Mr. Smith advised that it is 6:00 a.m.

Mr. Pirritano made a motion, seconded by Mr. Brown to award the contract for the collection of refuse, recycling and yard waste to Penn Waste in the amount of $51.93 per quarter per house for a term of 5 (five) years.
Vote on the motion: All yes. The motion carried.

6. Adopt Amendments – Non-Uniform Personnel Policies:

Mr. Smith reviewed the items being recommended for change in the Non-Uniform Personnel Policy. These changes will apply to new hires only.
• Pay scale will no longer include longevity pay
• There will be no carryover of unused vacation time
• Vacation time will be earned as follows:
o In the first 7 years of employment – 80 hours per year
o In the 8th through the 15th year – 120 hours per year
o In the 16th year and thereafter – 160 hours per year
• Sick pay will be 80 hours per year and can be carried over to a maximum of 960 hours
• Bereavement leave with pay as follows:
o 40 hours for the death of a spouse, child or stepchild
o 24 hours for the death of a parent or stepparent
o 16 hours for the death of a brother, sister, stepbrother, stepsister, grandparent or parent of spouse
o 8 hours to attend funeral of a brother-in-law, sister-in-law, aunt, uncle, or grandparent of spouse
• Employee will contribute to medical insurance premiums (health & dental) as follows:
o 15% of premium cost for employee coverage only
o 15% of premium cost for employee and additional dependent coverage, if no other coverage is available
o 15% of the premium cost for employee coverage and 100% of premium cost for additional dependent coverage if other coverage is available
• Life insurance policy will be $50,000
• New employees will not be eligible for post-retirement medical benefits
• Contributions to the pension plan will be 5% of gross pay
• New employees will not be eligible for the DROP program
• New employees will not be eligible to accrue comp time. All overtime will be paid in the pay period it is earned

Mr. Minito made a motion, seconded by Mr. Mickle to adopt the amendments to the Non-Uniform Personnel Policy as itemized by Mr. Smith.
Vote on the motion: All yes. The motion carried.

7. Personnel Matter:

Mr. Brown made a motion, seconded by Mr. Mickle to accept the resignation of Jeffrey Perry, effective August 10, 2011.
Vote on the motion: All yes. The motion carried.

8. Authorization to Dispose of Surplus Property:

Mr. Mickle made a motion, seconded by Mr. Brown to authorize the disposal of surplus computer equipment and sell a Dodge Charger.
Vote on the motion: All yes. The motion carried.
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August 29, 2011
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9. Towing Ordinance, No. 2011-2:

Mr. Tilley advised that some changes had been made to the original draft. After some discussion, Mr. Minito made a motion, seconded by Mr. Mickle to table action on the ordinance.
Vote on the motion: All yes. The motion carried.

10. Sidewalk Ordinance, No. 2011-3:

Mr. Pirritano made a motion, seconded by Mr. Mickle to adopt Ordinance No. 2011-3, authorizing the construction, maintenance and repair of curbs and sidewalks and setting forth the standards therefore.
Discussion followed on procedures, notification and enforcement.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Ordinance was adopted.

11. Declaration of Support – Grant Application, Lower Allen Township:

Mr. Brown made a motion, seconded by Mr. Minito to provide a letter of support for Lower Allen Township for submittal with a transportation grant application.
Vote on the motion: All yes. The motion carried.

12. Schedule Budget Workshop Meetings:

Budget workshop meetings will be scheduled and advertised for October 19th and 26th at 1:30 p.m.

13. Resolution No. 2011-17, Minimum Municipal Obligation (MMO) – Pension Plans:

Mr. Mickle made a motion, seconded by Mr. Brown to approve Resolution No. 2011-¬¬17, designating the 2012 MMO for the Police and Non-Uniform Pension Plans.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

14. Ratify Declaration of Disaster Emergency – Hurricane Irene:

Mr. Brown made a motion, seconded by Mr. Mickle to ratify the declaration of disaster emergency for Hurricane Irene on August 27 through August 28, 2011.
Vote on the motion: All yes. The motion carried.

15. Status – Zoning Ordinance Update:

Mr. Waller advised that he has the draft ordinance for review.

16. Resolution No. 2011-18, Planning Module – Harry Fox:

Mr. Pirritano made a motion, seconded by Mr. Brown to approve Resolution No. 2011-18, planning module for Harry Fox, Pinetown Road.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

17. Zoning Hearings:

There was no discussion on the scheduled hearings.

VI. OLD BUSINESS:

1. Mr. Pirritano thanked Mr. Fleming for the Limekiln Road paving project; Mr. Smith for his planning and response to Hurricane Irene; and Scott Wagner, Penn Waste, for their response for the flood victims in Green Lane Farms.

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August 29, 2011
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2. Mr. Mickle made a motion, seconded by Mr. Brown, to notify Lt. Scott Hockenberry of their intent to promote him to the position of Chief of Police after the last day of employment of Chief Dugan and to invite him to participate in the 2012 budget process.
Discussion followed on the merits of promoting from within or opening it up to outside applications.
Vote on the motion: All yes. The motion carried.

VII. NEW BUSINESS:

1. Chief Dugan explained the cooperative agreement with the Capital Area Regional Police Testing Consortium authorizing the Consortium to act as the testing agent for the purposes of preliminary eligibility examinations for the position of police officer.
Mr. Pirritano made a motion, seconded by Mr. Brown authorizing the Chairman to sign the agreement with the Capital Area Regional Police Testing Consortium.
Vote on the motion: All yes. The motion carried.

VIII. APPROVAL OF MINUTES – July 25, 2011:

Mr. Albert made a motion, seconded by Mr. Minito to approve the minutes of the July 25, 2011 Board of Supervisors meeting.
Vote on the motion: All yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

Mr. Albert made a motion, seconded by Mr. Mickle to ratify payment of all Bills Payable as presented.
Vote on the motion: All yes. The motion carried.

X. ANNOUNCE EXECUTIVE SESSION:

Mr. Albert advised that there will not be an Executive Session following this meeting.

XI. ADJOURNMENT:

Mr. Mickle made a motion, seconded by Mr. Minito to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 8:55 p.m.