LITTLE BRITAIN TOWNSHIP November 10, 2009 The Little Britain Township Board of Supervisors held its regular monthly meeting on Tuesday, November 10th, at the Municipal Building, 323 Green Lane, Quarryville, Pennsylvania. Prior notice of the meeting was given. Chairman, Gregory Culler, called the meeting to order at 7:04 p.m. A moment of silence was followed by the salute to the Flag. PRESENT: Gregory Culler Randy Jackson Jerry Emling Erwin Saniga Jeff Wood Margaret DeCarolis Christine Jackson Jim Bullitt Charlesie Coates Patsy Eller Christ Groff Lisa Groff Troy Jones Daniel Miller Linda Robinson Craig Williams Pat Wood MINUTES: Motion made by Mr. Saniga, seconded by Mr. Emling and carried to adopt the minutes of the October 13th meeting as printed upon correction of a spelling error noted on page 3 by Mr. Saniga. SANITATION: It was reported that Mr. Stoner turned in $525.00 for October Sanitation fees. ZONING: Zoning Officer, Christine Jackson reported issuing 6 building, 5 occupancy, 2 demolition and 4 driveway permits during October along with the acceptance of 1 Zoning Hearing Application. Ms. Jackson also advised of the following: Zoning Hearing Application of John Petro. That any/all comments pertaining to the proposed Stormwater Management Plan presented to them in October were needed no later December 8th, the date of the next Board meeting. TAXES: Tax Collector, Charlesie Coates reporting collecting $887.48 in Real Estate and $116.75 in Interim tax during the month of October. ROADS: Roadmaster, Jerry Emling reported on the following October road crew activities and his work plans for November as December: Cleaned Park. Mowed road banks. Hauled dirt from and seeded banks on Lloyds Rd. Graded Scott and Fulton Britain Rds. Swept various roads. Installed pipe on Lloyds Rd. Cut trees & limbs on various Township Rds. Had lines painted on various roads. Hauled dirt & stone to and from Lloyds Rd. 1 Performed routine equipment maintenance. Cut limbs on Fulton Britain Rd. Placed stone along Pine Grove Rd. Blackfilled along Springhill Rd. Cleaned shop area. Hauled stone from bridge on 272. Cleaned inlet boxes on various roads. Hauled stone to Reath & Camp Rds. NOVEMBER/DECEMBER Add base and widen Black Rd Add base and widen Fern Crest Rd PARK: Mr. Emling advised that the Park had been vandalized on November 7th and November 8th. He advised that the storage area had been entered, water pipes broken, the security system monitor been destroyed and the recording device had been placed inside the top of the well, the on/off switch on the well system had been broken and that a great deal of painting had taken place on Saturday night. On Sunday night, additional damage took place that included the removal of 2 security cameras, damage to the restroom doors and broken glass within the men’s room. As of this time, the park is closed until repairs can be made. Mr. Culler advised that he had located several companies who retrieve data from recording devices such as the one at the Park that was recovered and felt the Board should forward the recording device to such a company to obtain whatever information can be obtained. The Board agreed with this suggestion and authorized Mr. Culler to proceed in his efforts for data recovery. The Board also discussed offering a reward for information on the vandalism that would lead to the arrest and prosecution of those responsible. Following a brief discussion on the amount of reward to be offered Mr. Wood motioned that a reward of $500 be offered. The motion was seconded by Mr. Emling and carried. Mr. Emling also advised that he had obtained an additional bid for the landscaping of the Park. He advised of the bids received and that the bid had been awarded to Susquenhannock Landscape at a price of $1,393.00. Mr. Emling further stated that the award was made entirely on the bases of the quote received and nothing to do with the other companies who submitted bids. Nor did the request Ms. Wood advised the Board of at the October meeting indicating the Park Board recommended D & M Wallace for the job. Following a series of questions from Park Board member, Pat Wood she requested a copy of the quotes received to put on file with her park records. Ms. Wood was advised she could obtain copies through the Secretary/Treasurer. PAYMENT OF BILLS: Motion made by Mr. Emling, seconded by Mr. Jackson and carried authorizing the payment of General Fund checks 7163 through 7198 in the amount of $24,384.08, State Fund checks 1814 through 1815 in the amount of $1,962.08 and Lloyds Road Takeback checks 806 through 809 in the amount of $25,124.13. PUBLIC PARTICIPATION: The meeting was opened for public participation with the following items being raised: Resident, Lisa Groff advised the Board that this area on the agenda is generally stated as a time for anyone “not on the agenda” to discuss issues of concerns or direct comments to the Board, however, without the public having a copy of the agenda they did not know if they were on the agenda or not. Ms. Groff was advised of the manner 2 in which individuals request to be included on the agenda. It was additionally noted that anyone who was unsure if they were listed on the agenda or not could certainly obtain clarification prior to the start of any meeting. Supervisor-Elect, Christ Groff questioned if Mr. Jackson had contacted Sewage Enforcement Officer, Marvin Stoner pertaining to his rates and salary. Mr. Jackson advised he had not as there was no direction from the Board for him to do so. Mr. Groff advised he had obtained rates for the services provided by Mr. Stoner and thought the Board may want to consider establishing his income based on the services he performs. He presented the rates he had obtained to the Board. Mr. Saniga asked if a listing of the services performed by Mr. Stoner was available to confirm if an annual salary versus pay per service would be more advantageous to the Township. He was advised no such report was available however it could be calculated based on his monthly reports. Upon further questioning of the information, Mr. Groff advised that he had obtained the rates from Fulton Township. Mr. Culler advised Mr. Groff that based on the rates he received not coming directly from Mr. Stoner that the Board could be facing an ethical issue at reviewing them. Therefore, the Board could not and would not consider information of this type unless it was received directly from Mr. Stoner upon the Board request. The Board advised the Secretary/Treasurer to contact Mr. Stoner directly to obtain a rate quote for his services. TENTATIVE ADOPTION OF BUDGET: Motion made by Mr. Emling, seconded by Mr. Saniga and carried tentatively adopting the budget for 2010. AGRICULTURAL SECURITY AREA: Zoning Officer, Christine Jackson advised the Board that has been approved by the Township Agricultural Board and was recommended for approval by the Township Planning Commission. FULTON BANK: The Board was advised that the funding for the takeback of Kirks Mill Rd had been received. They were further advised that following a review of several financial institutions that the funding has been invested with Fulton Bank. At that time, Margaret Egli who is a branch manager at Fulton Bank was introduced to the Board. Ms. Egli gave a brief history of her time in banking along with pertinent facts pertaining to Fulton Bank. She further advised that Fulton is a conservative bank who prefers relationship banking with its client. It was noted that the rates offered to the Township on the investment of the takeback money was based on the Township transferring all of their banking accounts over to Fulton Bank. The proposed rates quoted the Township were based on this, however she had been advised that a decision of that nature could not be made without the consent of the Board. Based on the limited timeframe the Township was working within to have the funds invested, Fulton Bank agreed to invest the funds at the going rate but adjust them according to the proposal should the Township transfer their accounts to Fulton. Information pertaining to the rates/services offered by Fulton Bank had been presented to the Board for review. A discussion followed regarding the funding invested, rates, the limited time frame of investing funds, etc. Mr. Wood questioned why the decision was made without prior Board authorization. While he acknowledged that he was aware of the investing and was present when the accounts were established to be listed as an authorized signed, that he later felt the Board should have discussed the matter as a whole in determining where the monies should have been placed. He clearly stated his thoughts that matters of this nature were part of their responsibility as a Supervisor and his dismay at the entire Board not having a say on this. 3 Following a lengthy discussion, Mr. Culler advised that he felt all aspects of the banking relationship should be evaluated (fee structures, waival of fees for various services, expense of ordering new checks, time involved in notifying agencies who direct deposit funds, etc) prior to a decision being made on this matter. He further indicated that the appointment of a financial institution is generally made in January during the re-organizational meeting and in keeping with that timeframe it would allow the Board sufficient time to review the information presented to them. QUARRYVILLE LIBRARY: Linda Robinson, a representative of the Quarryville Library advised the Board of current usage and needs of the Library. She indicated that their has been cut by $48,000.00 or 63% due to the current economy and lack of funding being allocated to them through the State. At the current time, Little Britain Township residents account for 9% of the cardholders at the Library. Due to the decrease in funding, the Library will be forced to decrease services starting in 2010 including being closed on Mondays, cutting back hours and deferring the ordering of any new books. Ms. Robinson also explained to the Board how for each dollar donated that the community receives $13.87 of services. In closing she requested the Board attempt to increase its donation to at least meet the minimum per capita donations of surrounding municipalities. If for any reason the Board is unable financially to accommodate that request, she asked that the Township consider providing services in place funding as that too can help decrease expenses currently being incurred. PLANNING COMMISSION: Motion made by Mr. Jackson, seconded by Mr. Emling and carried adopting the minutes of the October 27th Township Planning Commission meeting. Willis Martin: Craig Williams of Strausser Surveying presented the plan this plan requesting approval for the signing of the Sewage Facilities Module. Following a discussion of the plan, a motion was made by Mr. Emling, seconded by Mr. Jackson and carried authorizing the signing of the Sewage Facilities Module. REAL ESTATE TRANSFER TAX: The Board was advised that the Township had recently received notification of a resident being charged Real Estate Transfer Tax due to a name change establishing it as a limited partnership versus a general partnership which it had operated under since 1974. The name change did not involve any transfer of land or business practices and was instituted at the suggestion of an accountant. Once the property owner was notified of the taxes and penalties due based on the name change, they submitted an appeal to the Board of Finance and Revenue. The Township received notification of denial of the appeal on October 28th along with information pertaining to the Townships ability to intervene in the matter. Based on the number of residents this new regulation could affect, the information was forward to the solicitor for review and comment. Mr. Emling stated his objection to the manner in which this transaction was handled and indicated his belief that this practice would be detrimental to the farmers of the community. He strongly suggested that the Board appeal the decision of the Board of Finance and of his thoughts that doing so supports the role of Supervisor in protecting the health, safety and welfare of it’s residents. Following a lengthy discussion of the issue, the Board discussed the options presented by the Solicitor which included the following options: Appeal to the Commonwealth Court, Intervene in the Taxpayers appeal, Submit letter to the Department of Revenue Office of Federal Counsel or an Exoneration of the Township’s portion of the transfer tax. While the Board felt strongly that support should be given to this property owner/matter, there was considerable discussion on the most effective and cost efficient manner in which to 4 proceed. Mr. Saniga indicated his desire for the Board to pursue filing an intervention on the matter as he felt it could achieve the same effect of indicating the Boards displeasure in the matter in a more cost-effective manner. Mr. Emling maintained his belief that an appeal should be filed on behalf of the Township. Due to there being concern over the impact of an intervention being filed versus an appeal, Mr. Culler indicated that he would follow-up with the solicitor for additional information and advise. STATEMENT TO BOARD: Secretary/Treasurer, Margaret DeCarolis requested to address the Board prior to adjourning. She advised the Board and public that she would like to respond to Mr. Wood’s comment pertaining to the Board not being notified or authorizing approval of the manner in which the road takeback funds had been invested. She indicated that in her nearly 12 years with the Township that she felt she consistently keep the Board apprised of financial mater and sought Board approval prior to the making of financial decisions that could not be reversed. However, due to the limited timeframe in which the funding received was to be invested, she had as always, checked with a few financial institutions to confirm the best rates available for the investment of the funds and proceeded with the matter. Based on the fact that this is the first time funding had been invested in Certificate of Deposits rather than a general account, up until this time had the Board had any concerns over the manner in which funds were held they could have easily moved the funding as they desire. With the funding currently being invested in 6 month, 9 month and 1 year CD’s, she felt it was adequate authorization having both Mr. Emling and Mr. Wood aware of the decision being made and their participation in the opening of the accounts. However, she wanted those present to understand that if she had exceeded the realm of her responsibilities that she apologized and assured the Board that she would ensure their knowledge and approval going forward on all matters pertaining to finances if they so desired. TRAINING/SEMINARS: Upcoming training and seminars were reviewed. It was noted that Mr. Emling, Mr. Wood and Ms. DeCarolis would be attending Representative Cutler’s breakfast on November 20th. ```````````````````````` ADJOURNMENT: At 9:02 p.m. being no further business, motion was made by Mr. Wood, seconded by Mr. Emling and carried to adjourn the meeting. Respectfully Submitted, Margaret D. DeCarolis Secretary/Treasurer url 5