Upper Providence Township

UPPER PROVIDENCE TOWNSHIP DELAWARE COUNTY BUSINESS MEETING June 14, 2007 7:30 PM
The Upper Providence Township Council held their monthly Business Meeting on June 14, 2007 at 7:30 PM in the Upper Providence Township Building. Mr. Bierling led the Pledge of Allegiance. An executive session was held prior to the meeting to discuss personnel issues.
Public Forum
Richard Geary, 117 Oakview Drive, commented on the excellent job Chief Davis has done over the years and hopes Council will approve his retirement agreement. Frank Marcone, 2530 N. Providence Road, came to support Chief Davis and encouraged Council to approve the Chief’s retirement agreement. Valerie Bradley, 122 Cove Lane, former Councilperson reminded Council they represent the residents and their wishes and she supports the retirement agreement for Chief Davis. Peter Bradley, 122 Cove Lane, former Councilperson is in agreement will all prior speakers and in support of Council approving the retirement agreement for Chief Davis. Robert Campbell, 118 Woodview Lane, representing the businessmen of Upper Providence Township would like the Township Council to recognize Chief Davis’s service to the Township and approve the retirement agreement. April Hardy, 596 Farnum Road, reported that the areas of Dyanna Lane, Dogwood Lane and Farnum Road experience frequent power outages and thanked Councilman Williamson and Manager Hamaday with their help in restoring power. Robert Powell, 1126 Roberts Road, former Councilperson spoke in support of the retirement agreement for Chief Davis. Mr. Powell also read a letter from Tiz Griffith, 385 Sycamore Mills Road, widow of former Councilman Thomas Griffith who also praised the works of Chief Davis and encourages Council to sign the retirement agreement for Chief Davis. Penny Flounders, 107 Oakview Drive, spoke not only as a resident but, as a personal friend of Chief Davis about his commitment to his duties as Chief twenty-four hours a day, seven days a week. Mrs. Flounders finished with a letter from former Councilperson Celine O’Brien, 25 Idlewild Lane, who could not make the meeting but wanted to express the Chief’s excellence is proven by the low crime rate and well-trained and dedicated police force. Dave Whinfrey, 60 Chapel Hill, read a letter from Guy Messick, former Township Solicitor and resident for over 47 years. Mr. Messick urged the Council to give favorable consideration to the retirement compensation and benefits for Chief Davis. John Daly, 1128 Roberts Road, stated approving Chief Davis’s retirement agreement tonight is the right thing to do. Dick Gaskins, 185 Dam View Drive, spoke in support of Chief Davis and shared that he has been a good and faithful servant to Upper Providence Township. Mike Hoppus, 523 Idlewild Circle, commented that no doubt Chief Davis is a fine public servant but it would be wrong to change the retirement policy at the last minute.

Roll Call
Present: Mr. Cashman, Chair, Mr. Bierling, Vice Chair, Mr. Clinton, Mr. Visek, Mr. Williamson, Mr. Robert Pappano, Township Solicitor, James C. Kelly, Township Engineer, Mr. Anthony T. Hamaday, Township Manager, and Joanne Moore, Controller.

Awards, Presentations and Announcements
Mr. Cashman presented Becky Ferguson, resident of Azalea Lane and a student at Springton Lake Middle School with a certificate of recognition for representation of Delaware County in the National Spelling Bee in Washington DC. Mr. Hamaday announced that the summer camp would be held June 25th – July 6th at Springton Lake Middle School. He added that the administrative offices would be closed for 4th of July Holiday on Wednesday, July 4, 2007. Yard wasted collection schedule for Wednesday, July 4th will be collected on Wednesday, July 11th. He also stated that the Recreation Board meeting is rescheduled for Thursday, June 21st at 7:30 p.m. Lastly, summer discount tickets are listed on the web page and on sale now in the office.

Approval of the Minutes
Approval of the May 10, 2007 Regular Council Meeting Minutes Mr. Visek made a motion, seconded by Bierling, to approve the May 10, 2007 regular Council meeting minutes. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 Approval of the April 26, 2007 and May 24, 2007 Council Committees Meeting Minutes Mr. Visek made a motion, seconded by Bierling, to approve the April 26, 2007 and May 24, 2007 Council Committees meeting minutes. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried Municipal Boards, Authorities, Commissions & Committees Library Board Mr. Bierling nominated Caroline Stuckert, 116 Valley View Road, to the Library Board. There were no other nominations. Mr. Bierling made a motion, seconded by Mr. Visek, to appoint Caroline Stuckert to fill an unexpired term on the Media/Upper Providence Library Board to expire on January 1, 2008. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 CDCA Liaison Mr. Cashman nominated Kathryn Smith, 10 Calabrese Drive, to serve as liaison with the CDCA. Mr. Bierling made a motion, seconded by Mr. Williamson, to appoint Kathryn Smith to serve as liaison to CDCA. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0

Zoning, Subdivision and Land Development

Final Minor Subdivision, 441 South Orange, Stove River Builders Mr. Visek made a motion, seconded by Mr. Williamson, to approve the Minor Final Subdivision Plan of Stone River Builders, 441 S. Orange Street prepared by H. Gilroy Damon Associates, Inc. dated April 5, 2007, revised June 7, 2007 subject to: 1. Compliance with the Planning Commission Recommendation dated May 22, 2007. 2. Compliance with the Township Engineers review letter dated June 14, 2007. 3. Developer must obtain the necessary PennDOT HOP for the shared driveway. 4. The waiver from Section 1230.14 of the Township Subdivision ordinance to allow a shared driveway with a setback of less than 5 feet as shown on the plan is granted. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0
Unfinished Business
Proposed Ordinance Codification of Ordinances 412-419 Mr. Visek made a motion, seconded by Mr. Bierling, to adopt ordinance No. 423 authorizing the inclusion of ordinances 412-419 into the Township Codified Ordinances. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0
New Business
Chief of Police Retirement Agreement By request 10.2 has been moved up on the agenda with no objections from Council. Mr. Cashman asked Mr. Hamaday to give a brief synopsis of the agreement terms. Mr. Hamaday explained briefly Chief Davis’s plans to retire December 31, 2007 with the following agreement provisions. 1) Requires all current retirement benefits described in the current collective bargaining agreement as well as the administrative code. 2) Enhanced service benefit outlined in Act 89 to be paid not through the current pension plan but through direct payments to Chief Davis. 3) Medical benefits to remain the same as the current contract. 4) Deferred compensation payment be paid directly to Chief Davis. Mr. Clinton made a motion, seconded by Mr. Visek, to suspend the rules to allow unlimited discussion on this particular subject because of the complexity of this matter. By a show of hands vote 3-2 the motion did not pass. Mr. Clinton made a motion, seconded by Mr. Visek, to suspend the rules to allow each Councilman eight minutes to discuss the agreement. By a show of hands vote 3-2 the motion did pass. Mr. Williamson made a motion, seconded by Mr. Cashman, to approve the retirement agreement between the Township and Chief Thomas Davis providing for Chief Davis to retire on December 31, 2007 and authorize the proper Township officials to execute said agreement conditioned upon receipt of a formal written notice of retirement from Chief Davis. After much discussion, Mr. Williamson called the question to stop debating and take a vote at this time. By a show of hands vote 3-2 the motion did not pass. Mr. Visek made a motion, seconded by Mr. Clintion, to postpone the motion until the July 12, 2007 meeting. By a show of hands vote 3-2 the motion did not pass Mr. Williamson made a motion, seconded by Mr. Cashman, to approve the retirement agreement between the Township and Chief Thomas Davis providing for Chief Davis to retire on December 31, 2007 and authorize the proper Township officials to execute said agreement conditioned upon receipt of a formal written notice of retirement from Chief Davis. Mr. Bierling yes Mr. Clinton no Mr. Visek no Mr. Williamson yes Mr. Cashman yes Motion Carried 3-2 Voucher List April 2007 Mr. Visek made a motion, seconded by Mr. Bierling, to approve the voucher list for May 2007 in the amount of $263,859.91. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 EMST Tax Refund Mr. Visek made a motion, seconded by Mr. Bierling, to approve the 2006 EMST Tax Refund request as presented by the Township Manager. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 Proposed Ordinance – CDCA Membership Financing Mr. Visek made a motion, seconded by Mr. Bierling, to initially approve a proposed ordinance authorizing the borrowing of funds for membership fees and capital costs associated with joining the Central Delaware County Authority and authorize the proper Township officials to advertise said ordinance for consideration at the July 12, 2007 Council meeting. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 2007 Road Program Bid Award Mr. Visek made a motion, seconded by Mr. Bierling, to award the 2007 Road Program Improvement Project bid, excluding the bid for speed humps, to A. F. Damon, Inc of Upland in the amount of 212,987.50 as recommended by the Township Engineer. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 2007-2009 Police Contract Mr. Williamson made a motion, seconded by Mr. Visek, to authorize the proper Township Officials to execute the 2007-2009 Uniformed Collective Bargaining Agreement. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 Work Place Safety Committee Recommendations Mr. Visek made a motion, seconded by Mr. Bierling, to authorize the Township Manager to review the recommendations of the Work Place Safety Committee and take appropriate action as necessary. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 Newtown Township Act 537 Plan Revision - CDCA Membership Mr. Visek made a motion, seconded by Mr. Bierling, to approve Newtown Township’s revised Act 537 Plan prepared as necessary for membership into the Central Delaware County Authority. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson ye Mr. Cashman yes Motion Carried 5-0 Schedule Conditional Use Hearing – Blundin Builders, 522-524 South Avenue Mr. Visek made a motion, seconded by Mr. Bierling, to schedule a Conditional Use Hearing on slope disturbance for Blundin Builders, 522-524 South Avenue for the July 12, 2007 or August 9, 2007, Council Meeting as appropriate, and authorize the proper Township Officials to advertise said hearing. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 Committee Meeting Mr. Visek made a motion, seconded by Mr. Bierling, to cancel the June 28, 2007 Council’s Business and Committee meetings. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0

Administrative Reports
Mr. Kelly read his report dated June 14, 2007. The report included updates on the 2007 Road Program, Township sewer service area alternatives, Mancil Road improvements and 2006 MS4 Reports. Mr. Pappano reported last Monday he met with the Solicitors from Newtown and Edgemont Township to work on the CDCA agreements. Mr. Visek shared with Council the Pension Advisory Board did meet to hear several presentations from potential administrators as well as the current administrator. As of tonight’s meeting he has not had any feed back from the Committee. Mr. Bierling made a motion, seconded by Mr. Visek, to adjourn the meeting at 10:30 PM. Mr. Cashman announced an Executive Session would be held to discuss personnel issues.

___________________ Anthony T. Hamaday Township Secretary	_______________________ Edward James W. Cashman Council Chairman