New Hanover Recorder of Deeds - PDF

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					                                 NEW HANOVER TOWNSHIP
                                  BOARD OF SUPERVISORS
                                     REGULAR MEETING
                                      OCTOBER 26, 2009

The regular monthly meeting of the New Hanover Township Board of Supervisors was held on
Monday, October 26, 2009 at the New Hanover Municipal Building, 2943 N. Charlotte Street,
Gilbertsville, PA 19525. Present were Supervisors Martin Dyas, Ralph Fluharty, Andrew Kelly,
Douglas Muller and David Brown. Also present were Township Manager Edward Wagner,
Solicitor Paul Bauer, Engineer Douglas Brown and Administrative Assistant Eileen Pogany.
Chairman Martin Dyas called the meeting to order at 7:12 PM and led in a Salute to the Flag. He
announced that a short executive session had been held prior to convening the regular meeting to
discuss litigation and personnel issues, that no decisions were made and that the executive
session may reconvene following the regular meeting.

ANNOUNCEMENTS - Chairman Martin Dyas

Chairman Dyas thanked persons present for attending the meeting. He requested that everyone
present sign the sign-in form for the official record of attendance and stated that copies of the
agenda are available on the counter in the rear of the room as well as are notebooks containing
the meeting procedures, prior month's bill lists, and approved minutes from prior meetings. He
stated that the Board of Supervisors will give an opportunity for public comment prior to any
official action, advised that non-agenda items from the floor will be addressed after all business
items are completed and that one person may speak at a time. Celeste Bish stated that she would
be taping the meeting and asked if she could put the recorder in the front of the room in order to
capture Solicitor Bauer’s voice; she was given permission to do so.

ANNOUCEMENT

Municipal Environmental Award for 2009 was awarded to the Township by the Perkiomen Water
Shed and was received at a ceremony by Edward Wagner and Ralph Fluharty. The Township
was selected due to its being the first Township to adopt provisions for the Transfer of
Development Rights and also for its acquisition of the Hickory Park property thereby eliminating
the further pollution of Swamp Creek at this site.

Election Day – November 3, 2009 – The Township building will be closed for the General
Election. Martin Dyas encouraged all residents to exercise their right to vote and cast their vote
on November 3rd.

Agricultural Security District Addition Applications - Public announcement was made for recent
applications to the Agricultural Security District by Stanley and Stell Cias for 30.77 acres at 942
Kulp Road, Perkiomenville, PA., and for George and Lois Pettigrew for 10.47 acres at 3817
Church Road, Perkiomenville, PA. Announcing of the applications is the first step in the
application process.


UPCOMING TOWNSHIP MEETING – announced by Eileen Pogany
SCHEDULED
November 2            2010 Budget Meeting                           6:00pm
New Hanover Township                                                    October 26, 2009
Board of Supervisors                                                    Page 2 of 4
Regular Monthly Meeting No 2

November 4                Recreation Committee                        7:00pm
November 9                Next Regular Meeting of the BOS             6:30pm

PRESENTATION OF CURRENT BILLS
Bill List #17 Dated 10/26/09
              General Fund 01                           $ 46,656.36
              Sewer Operating Fund 08                   $ 33,414.07
              Sewer Capital Fund 10                     $    378.00
              Trans. Impact Fund 13                     $      0.00
              Capital Fund 19                           $      0.00
              State Liquid Fuels Fund 35                $ 17,325.02
              Escrow Fund 41                            $ 3,870.00
              Recreation Fund 96                        $    768.02
                      TOTAL                             $102,411.47

Martin Dyas asked about a charge from Attorney Robert Brant for review of Gibraltar Rock
Application No. 4 and was told that the reference to Application No. 4 is an error but that
Attorney Brant’s charge for this month is $15,000. The charge from Audrey Leister was
questioned and Supervisors were advised the charge was for stenographic services related to
Gibraltar Rock. Andrew Kelly moved to approve the bills and advance the treasurer the monies
for utilities and payroll for the coming month. Ralph Fluharty seconded the motion and it
carried 5-0.

Minutes – Douglas Muller moved to approve the meeting minutes of the October 12, 2009
Work and Regular meetings. David Brown seconded the motion and it carried 5-0.

SOLICITOR’S REPORT – Garner and Bauer – Paul Bauer stated that he has 1 litigation item
and 1 personnel item which will be discussed in executive session. He also advised that he will
be representing the Township at Montgomery County Court with respect to the Cease and
Desist order issued to Gibraltar Rock.

BUSINESS FOR DISCUSSION OR ACTION:

N.H.T.P.C. No. 762 Lopez, (Reverse Subdivision) Snyder Road – Mr. Robert Irick was present
representing Mrs. Lopez stating that it is her desire to assure that this 29.8 acre property remain
in tact and has secured a conservation easement which will ensure there will be no
development. Mr. Irick explained that presently there is one deed for the property but three
separate parcels are described which, at the current time, could be separated into three
separate deeds; the reverse subdivision will eliminate this possibility. Douglas Muller moved to
grant waivers as requested by the applicant, seconded by David Brown and carried 5-0. Ralph
Fluharty moved to adopt Resolution 43-09 approving the reverse subdivision, seconded by
Andrew Kelly and carried 5-0.

 BUSINESS FOR ACTION ON 90 DAY TIME LIMITATION WAIVERS - Ralph Fluharty moved
to grant a 90-day extension for N.H.T.P.C. 754 Breining. Douglas Muller seconded the motion
and it carried 5-0.
        NHTPC NUMBER         SUBDIVISON NAME        NUMBER OF LOTS      EXPIRES
        N.H.T.P.C. #754   Breinig              2 Lots                    11/2/09
New Hanover Township                                                    October 26, 2009
Board of Supervisors                                                    Page 3 of 4
Regular Monthly Meeting No 2

NEW BUSINESS

Resolution 44-09 – Ralph Fluharty moved to grant a six month extension of final plan approval
for the Renninger Tract, N.H.T.P.C. 710. David Brown seconded the motion and it carried 5-0.

Resolution 45-09 – Douglas Muller moved to grant a six month extension of final plan approval
for the Hephner Tract, N.H.T.P.C. 723. Martin Dyas seconded the motion and it carried 5-0.

Resolution 46-09 – Edward Wagner reported that several firms had been interviewed to serve
as pension investment manager for the Township’s Police and Non-Uniform Pension Plans. He
stated that Connors Investors, Inc. offers reasonable fees and is a small firm which has the
ability to monitor activity in the market and provide service to their clients. Ralph Fluharty
moved to appoint Connors Investors Services, Inc. as the pension investment manager for the
Police and Non-Uniform Pension Plans effective December 1, 2009. Motion was seconded by
Douglas Muller and carried 5-0.

Boyertown Soccer Club – has requested use of a storage building at Hickory Park for storage of
their lighting equipment. The Township is agreeable to their use of a storage building providing
they provide the Township with an Insurance Certificate which includes renters insurance.

Curtis Jones – the Sewer Authority has recommended that Mr. Jones be appointed to serve on
the Authority filling the unexpired term of Bruce Miller which expires 1/2011. Mr. Jones has
attended the required number of meetings prior to being appointed. Motion was made for his
appointment by Douglas Muller, seconded by David Brown and carried 5-0.

Retirement of Chief Dykie – announcement was made that Chief Dykie has submitted his
retirement letter effective April 30, 2010. The Board may take a vote on his resignation when
the regular meeting is reconvened following the executive session.

OLD BUSINESS

FROM THE FLOOR – Public comment on non-agenda items.

Roger Buchanan – stated that two issues need to be addressed as Gibraltar Rock Quarry
continues to move forward. He stated that the traffic study projections are out of date and that
the economic viability needs to be reassessed according to current economic conditions to
assure that the operation is viable in today’s market. Solicitor Bauer stated that if the quarry is
required to go through land development plan approval process, an updated traffic study will be
required. He stated there is no requirement for the quarry to submit an economic viability
report.

James Leinhos inquired as to when a decision on the court order relative to Gibraltar Rock No.
1 could be expected and was told a decision is expected late October to early November 2009.

Jeanette Moll asked when she will be able to access the calendar and minutes on the
Township’s website and was told that the website is being redesigned by a volunteer and that
additional work on the site is expected to take place on the next day.

Paul Brooker of Kingston Hill stated that THP is beginning to work and that work on new homes
is progressing faster than work on partially completed structures. He asked why THP is
permitted to begin new homes when there are outstanding issues on work already started. Mr.
New Hanover Township                                                  October 26, 2009
Board of Supervisors                                                  Page 4 of 4
Regular Monthly Meeting No 2

Brooker was advised that the bankruptcy court has control and that the township is trying to
assist residents whenever possible. The Judge ordered that houses in Phase 4 are to be
completed. Mr. Brooker stated that he would like partially completed homes to be completed
since they create a hazard to the community. Martin Dyas stated that he has young personal
friends who have lost $15,000 and that the Township’s hands are tied.

Celeste Bish – stated that she had sent a letter to the Board of Supervisors asking that Attorney
Brant be present to answer questions regarding the quarry. She was advised that the
Township’s invoice from Attorney Brant’s office was $14,800 this month and that the Township
does not want to incur additional expenses especially since litigation matters cannot be
discussed in a public meeting. Mrs. Bish stated that she is interested in knowing what to expect
procedurally. Solicitor Bauer stated that he can address questions with regard to procedures
but not with regard to strategies; he suggested she consult with the Ban the Quarry attorney
who is up to date on what is taking place.

EXECUTIVE SESSION – Personnel/Litigation began at 7:55 PM.

REGULAR MEETING resumed at 8:31 PM.

Chief Dykie Retirement Agreement - Andrew Kelly moved to accept Chief Dykie's retirement
agreement and release dated October 26, 2009, effective April 20, 2010 and authorized
Douglas Muller to accept and sign the agreement. The motion was seconded by Ralph
Fluharty and carried 4-0 with Martin Dyas abstaining from the vote.

Officer in Charge - Ralph Fluharty moved to appoint Corporal William Moyer as Officer in
Charge beginning on January 1, 2010 if a successful agreement is reached with Corporal
Moyer. The motion was seconded by Andrew Kelly and carried 4-0 with Martin Dyas
abstaining from the vote. Edward Wagner and Paul Bauer were authorized to meet with
Corporal Moyer to produce a draft agreement for the Officer in Charge position which will expire
December 31, 2010.

Budget Meeting - Martin Dyas announced that the Budget Meeting scheduled for November 2,
2009 will begin at 5:30 PM rather than 6:00 PM.

Gibraltar Rock Quarry Questions - Celeste Bish, Jeanette Moll and Louis Pettigrew asked
various questions regarding the Gibraltar Rock Quarry matter and also requested an opportunity
to review Attorney Paul Bauer's invoices to the Township. Residents were informed that
questions regarding legal issues and strategies regarding Gibraltar Rock cannot be discussed in
a public meeting due to litigation issues between the applicant and Township.

ADJOURNMENT

Andrew Kelly moved to adjourn at 8:51 PM and the meeting was declared adjourned.

                                             ________________________________________
                                             Edward Wagner, Township Manager/Secretary

				
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