REGULAR MEETING –December 21, 2009

The meeting was called to order at 7:00 PM by Commissioner Thomas Sray at the Municipal Building in Morgan, PA 15064.

PRESENT: CURL, SRAY, COX, CAFFREY, GABRIEL (arrived 7:04)
ALSO PRESENT: Township Manager: Michael W. Hoy, Township Solicitor: Jonathan Kamin, Township Administrative Assistant: Evonne Williams APPROVAL OF MINUTES:

It was moved by COX and seconded by GABRIEL with all Commissioners present voting AYE to approve the minutes of the regular meeting held on November 16, 2009.
PETITION OF CITIZENS/PERSONS REQUESTING TIME

Rich DeYoung-spoke in favor of the rezoning of various properties to CD-1.

CORRESPONDENCE - None

CONSENT CALENDAR ITEMS A. DEPARTMENT REPORTS B. PAYMENT OF BILLS
C. AMENDMENT TO AGENDA

It was moved by CURL and seconded by GABRIEL to approve the consent calendar items. All members present voted AYE to the motion.
LIAISON REPORTS

Commissioner Curl-Thursday was the COG meeting at Stowe Township. As we go forward with the Star City project, hopefully we make this a focal point of the Township. Stowe Township redid their building and it is very nice. If Stowe can do that to a building that they had, then we should be able to make ours really something very nice.

President of the Board for the COG will change for next year.

There was no Parks and Rec meeting this month.
Commissioner Gabriel-Mayview Task Force did not meet. They did issue the RFP. The Mayview property is officially up for sale. They did allow some input from the Township. The minimum bid price is $125,000.

Commissioner Caffrey: Light up night was a success. Civic Center Feasibility Study group did not meet this month. The next meeting will be in January for the draft report. I was not able to attend the Comprehensive Plan meeting.

Commissioner Sray-Public Works is ready for winter. We had one retirement, Wayne McGinnis. We have not advertised to replace this position yet. We will advertise after the first of the year. Thank you to Dick Kasmir for donating the tree for the front of the Township Building.

Commissioner Cox-The Library had a dinner meeting. We had a brief meeting. We need to do more research on grants. Not that the Library does not have to continue doing their capital campaign but maybe we might be able to partner with the Township. They are still having fundraisers and asking for donations.

MANAGER’S REPORT Mr. Hoy: We had the first meeting of the Comprehensive Plan Steering Group. The intent of the meeting was for everyone on the committee to see who each of the members were. The consultant did a Comp Plan 101, explaining what a comprehensive plan is and what the time line will be, what the rules and responsibilities of the committee will be. They met about an hour and a half. The next meeting is January 25th. Any Commissioner is free to attend.

We have completed the annual reviews for employees.

I am continuing to attend the Act 32 meetings. The Act has set up a new collection. Earned income has to go thru a county process. This does not take effect until 2012.

SOLICITOR’S REPORT

Mr. Kamin: I have three Executive Session items, personnel, land and land.

OLD/UNFINISHED BUSINESS

A. Consider the adoption of an ordinance to rezone various properties to the
newly formed Conservation District (CD-1).

Mr. Hoy: There was a question at the Workshop when this item was exactly
tabled. It was tabled to the December meeting. The original motion was to
table for 60 days; that was not approved. The motion to approve the tabling
was until the December Voting Meeting. It does not have to be taken off the
table. It is official.

Commissioner Caffrey: For the record.

Mr. Hoy: For the record, that is correct, it does not have to be taken off. One
more thing. I did receive an email from DGS requesting this item be tabled
again until the RFP had an opportunity for people to respond. That would be
some time in January.

Discussion continued on this item.

It was moved by CAFFREY and seconded by COX to approve the rezoning from the respective zones to the new conservation district for all properties listed in the attachment which is Ordinance No. 7 with one exception and that is not to rezone portions of the Mayview Property.

Commissioner Cox: What is the reasoning for them not wanting us to zone
that portion?

Mr. Kamin: I think there is a general level of uncertainty of how the RFP was
going to be perceived in the market. I think they were looking to keep it as
simplified as they could through that process.

Commissioner Gabriel expressed his view on the Mayview Property.

Discussion continued on this item.

Commissioner Sray: We have a motion and a second. All in favor?

ROLL CALL: For the Motion: COX, CAFFREY, CURL
Against the Motion: GABRIEL, SRAY

Motion Passes: 3:2

NEW BUSINESS

A. Consider a request from Joyce Gentile for a refund of penalty and interest on 2009 Real Estate Taxes.

Mr. Hoy-This was discussed at the December 14th Workshop Meeting for the refund of $45.42. Staff is recommending denial of the request.

It was moved by CURL seconded by CAFFREY to deny the request from Joyce Gentile for a refund of penalty and interest on 2009 Real Estate Taxes.

ROLL CALL: For the Motion: COX, CAFFREY, CURL, SRAY
Against the Motion: GABRIEL

Motion Passes: 4:1

B. Consider a request from Gary and Denise Fisher for a refund of penalty and interest on their 2009 Real Estate Taxes.

Mr. Hoy-This was also reviewed at the December 14th Workshop Meeting for a refund of $46.31. Staff is recommending denial.

It was moved by CAFFREY seconded by COX to deny a request from Gary and Denise Fisher for a refund of penalty and interest on their 2009 Real Estate Taxes. All members present voted AYE to approve the motion.

C. Consider F-10-09, Resubdivision of Consolidation Plan of Lots 209 and 210, Minor Subdivision, Sterling Ridge Subdivision, Sterling Drive, Zoned R-1.

Mr. Hoy-This item was reviewed at our December 14th Workshop Meeting and also came forth from the Planning Commission who recommended approval with conditions at their November meeting. Staff is recommending approval with conditions outlined in Attachment 12C of your packet.

It was moved by CURL seconded by CAFFREY to approve Resubdivision of Consolidation Plan of Lots 209 and 210, Minor Subdivision, Sterling Ridge Subdivision, Sterling Drive, Zoned R-1. All members present voted AYE to approve the motion.

D. Consider F-11-09, Newbury Plan of Lots – 3rd Revision, Minor Subdivision, Presto Sygan Road, Zoned PED.

Mr. Hoy-This item came forth from our December 14th Workshop Meeting. It was also recommended for approval with conditions by the Planning Commission at their November meeting. Staff is recommending approval with the conditions outlined in Attachment 12D of your packet.

It was moved by GABRIEL and seconded by CAFFREY to approve F-11-09, Newbury Plan of Lots – 3rd Revision, Minor Subdivision, Presto Sygan Road, Zoned PED. All members present voted AYE to the motion.

E. Consider a resolution setting the 2010 Township Fee Schedule.

Mr. Hoy: This item was discussed at length at our December 14th Workshop Meeting. This sets the annual fees that we would apply to certain services provided by the Township. Staff is recommending Resolution No. 22 of 2009 as Attachment 12E of your packet.

It was moved by CAFFREY and seconded by GABRIEL to adopt Resolution No. 22 of 2009 setting the 2010 Township Fee Schedule. All members present voted AYE to approve the motion.

F. Consider an ordinance establishing the Township’s 2010 Real Estate Taxation Millage Level.

Mr. Hoy: This item was reviewed at both the November and December Workshop Meetings. This sets the 2010 Real Estate Taxation Rate the same as the 2009, which was 3.84. Staff is recommending approval of Attachment 12F of your packet.

It was moved by GABRIEL and seconded by CAFFREY to adopt Ordinance No. 8 of 2009 establishing the Township’s 2010 Real Estate Taxation Millage Level. All members present voted AYE to the motion.

G. Consider a resolution setting the 2010 Act 511 Taxation Rates including Earned Income Tax, Municipal Services Tax and Real Estate Transfer Tax.

Mr. Hoy: This item was reviewed at both our November and December Workshop Meetings. This will set the Act 511 Taxation Rates. We are also recommending that these levels be set at the same rate as the 2009 taxation rates.

It was moved by COX and seconded by CURL to adopt Resolution No. 23 of 2009 setting the 2010 Act 511 Taxation Rates including Earned Income Tax, Municipal Services Tax and Real Estate Transfer Tax. All members present voted AYE to the motion.

H. Consider a proposed resolution adopting the 2010 Operating and Capital Budget.

Mr. Hoy: We had several workshops, special meetings and discussions about the budget. We have a balanced budget with no increased taxation rates.

It was moved by CAFFREY and seconded by CURL to adopt Resolution No. 25 of 2009 adopting the 2010 Operating and Capital Budget. All members present voted AYE to the motion.

Commissioner Caffery: I would like to make a note for the record. Big thank you to our manager and our department heads that did a nice job coming up with the wish list and making cuts before we got to it.

Mr. Hoy: Now that the budget is approved, it is all on the web site for the residents.

I. Consider a recommendation from the Architect Selection Review Committee.

Mr. Hoy: As we presented at the December Workshop Meeting, the selection committee after 14-15 hours of interviews, have brought forth a unanimous recommendation to select Axis Architecture as the firm to help design the proposed civic center. Staff is recommending and so is the committee recommending that the Township Manager and the Solicitor be authorized to negotiate a contract in an amount not to exceed $220,500 for the design of the proposed civic center. We will probably have a contract ready to execute at the January meeting.

It was moved by CURL and seconded by COX to authorize the Township Manager and the Solicitor to negotiate a contract with Axis Architects in the amount of $220,500 for the design of the proposed civic center. All members present voted AYE to the motion.

EXECUTIVE SESSION – LEGAL MATTER & LAND PURCHASE

It was moved by GABRIEL and seconded by COX with all Commissioners voting AYE to adjourn to Executive Session.

It was moved by CAFFREY and seconded by CURL with all Commissioners voting AYE to return from Executive Session.

It was moved by CAFFREY and seconded by GABRIEL to approve the change in the employment status of Officer Thomas J. Walker from being suspended with pay to being suspended without pay. Officer Walker’s suspension without pay shall not prohibit Officer Walker from receiving his health insurance benefits and life insurance benefits from the Township during this period of suspension. The Township reserves the right to revisit the discipline imposed as further information and the Township’s investigation develops. Suspension without pay to be effective immediately. All members present voted AYE to the motion.

It was moved by COX and seconded by CAFFREY with all Commissioners voting AYE to adjourn.

______________________________ _____________________________
Michael W. Hoy, Township Manager Thomas J. Sray, President

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