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MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA AGENDA AT-LARGE: Norman C. Shropshire, Mark Kirchgasser, Susan K. Powell FIRST DISTRICT: Scott D. Galloway SECOND DISTRICT: Walter (Bok) Read THIRD DISTRICT: Russ Carlson FOURTH DISTRICT: Stephen Byrne ENGINEER: Kelly & Close SOLICITOR: Joseph A. Damico, Jr., Esq. For the Regular Meeting to be held at 7:00 P.M. on Monday, February 11, 2019, in the Township Building located at 27 North Pennell Road. 1. OPENING: Pledge of Allegiance to the Flag 2. APPROVAL OF MINUTES: A. Dr.aft Council Meeting Minutes-January 14, 2019 3. PUBLIC COMMENT{S): Please clearly state your name/address and utilize the podium to speak into the microphone for proper minute notation. 4. REPORTS: A. Chairman B. Committee-Land Planning Committee, February 25, 2019 at 5:45p.m. C. Manager D. Engineer 5. OLD BUSINESS: N/A 6. PUBLIC HEARING: N/A 7. NEW BUSINESS: A. Consideration for Adoption: Ordinance #800: Amendments to Chapter 4 - Administration of Government and the creation of a Middletown Township Personnel Manual. B. Consideration for Adoption: Ordinance #801: Amendments to Chapter 4 - Administration of Government to Update the Sale of Excess or Unneeded Personal Property. C. Consideration for Adoption: Ordinance #802: Amendments to Chapter 4 - Administration of Government to Align Township Competitive Bidding with State Thresholds. D. Consideration to Introduce Ordinance #803 to purchase ±80.992 Acres of Land in Middletown Township being located on the Northwest Corner of Forge Road and Valley Road. E. Consideration to Authorize the Appointment of Professional Services; Staff Recommendation for RFP: Inspection and Plan Review Services to Keystone Municipal Services and Linn Architects. F. Council Review of Zoning Hearing Board application(s): 1) Application 19-02: Ms. Meagan Ebersole-153 Bortondale Road. G. Consideration to Authorize - Waiver of Bid and Purchase from COSTARS, the Purchase of a cab/chassis F-550 (Garnet Ford) and Upfitting (Lancaster Truck Bodies). H. Approval of February 11, 2019 Bill List. Andrew S. Haines Township Manager

MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

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Page 1: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

MIDDLETOWN TOWNSHIP

DELAWARE COUNTY, PENNSYLVANIA

AGENDA

AT-LARGE: Norman C. Shropshire, Mark Kirchgasser, Susan K. Powell FIRST DISTRICT: Scott D. Galloway SECOND DISTRICT: Walter (Bok) Read THIRD DISTRICT: Russ Carlson FOURTH DISTRICT: Stephen Byrne ENGINEER: Kelly & Close SOLICITOR: Joseph A. Damico, Jr., Esq.

For the Regular Meeting to be held at 7:00 P.M. on Monday, February 11, 2019, in the Township Building

located at 27 North Pennell Road.

1. OPENING: Pledge of Allegiance to the Flag

2. APPROVAL OF MINUTES:

A. Dr.aft Council Meeting Minutes-January 14, 2019

3. PUBLIC COMMENT{S): Please clearly state your name/address and utilize the podium to speak into themicrophone for proper minute notation.

4. REPORTS:

A. ChairmanB. Committee -Land Planning Committee, February 25, 2019 at 5:45p.m.C. ManagerD. Engineer

5. OLD BUSINESS: N/A

6. PUBLIC HEARING: N/A

7. NEW BUSINESS:

A. Consideration for Adoption: Ordinance #800: Amendments to Chapter 4 - Administration ofGovernment and the creation of a Middletown Township Personnel Manual.

B. Consideration for Adoption: Ordinance #801: Amendments to Chapter 4 - Administration ofGovernment to Update the Sale of Excess or Unneeded Personal Property.

C. Consideration for Adoption: Ordinance #802: Amendments to Chapter 4 - Administration of

Government to Align Township Competitive Bidding with State Thresholds.D. Consideration to Introduce Ordinance #803 to purchase ±80.992 Acres of Land in Middletown

Township being located on the Northwest Corner of Forge Road and Valley Road.E. Consideration to Authorize the Appointment of Professional Services; Staff Recommendation for

RFP: Inspection and Plan Review Services to Keystone Municipal Services and Linn Architects.

F. Council Review of Zoning Hearing Board application(s):1) Application 19-02: Ms. Meagan Ebersole -153 Bortondale Road.

G. Consideration to Authorize - Waiver of Bid and Purchase from COSTARS, the Purchase of a

cab/chassis F-550 (Garnet Ford) and Upfitting (Lancaster Truck Bodies).H. Approval of February 11, 2019 Bill List.

Andrew S. Haines Township Manager

Page 2: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

MIDDLETOWN TOWNSHIP

DELAWARE COUNTY, PENNSYLVANIA

JANUARY 14, 2019

Minutes of the Regular Meeting of Township Council held on January 14, 2019 at 7:00 P.M. in the

Township Administration Building located at 27 North Pennell Road.

Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew

Haines, Joseph Damico, Jr., Esq., Eric Janetka

Absent: Russ Carlson, Norman Shropshire

1. OPENING

Chairman Mark Kirchgasser called the meeting of the Council to order at 7:08p.m. and led

recitation of the Pledge of Allegiance to the Flag.

Mr. Kirchgasser stated Council met in Executive Session to discuss legal issues on agenda item 7C

asbestos RFP bids at Roosevelt School.

2. APPROVAL OF MINUTES - N/A

3. COMMENTS FROM THE PUBLIC

Ms. Becky Barner, Lima Estates, stated she has a petition signed by Lima Estates residents

requesting Middletown Township Council to video broadcast recorded and made easily available

on the Township website. Mr. Kirchgasser stated this item can be brought before Council at a

future meeting.

Ms. Joanne Williams, 108 Judith Lane, stated she understands that on New Year's weekend, the

pipelines were up and running. She asked with the government closed if there was an inspection.

Mr. Kirchgasser stated there is no report provided to confirm that inspections were done. Ms.

Williams asked if the Township was notified. Mr. Kirchgasser stated he received a direct e-mail

from a communication consultant from Energy Transfer Partners. He stated he immediately

posted the information on social media, notified Township Council, Township Engineer, Township

Manager, State Police and the Chiefs of the two Township Volunteer Fire Companies. Ms.

Williams asked why the residents were not notified. She asked if there is a plan in place for

evacuation and is it on the website. Mr. Kirchgasser stated the response plan in place is not to

be published publicly because of safety concerns. Ms. Williams asked how the citizens are going

to know what to do. Mr. Kirchgasser stated the Emergency Management Team will direct the

public. Ms. Williams stated if there is a rupture or leak, the residents cannot be notified by cell

phones. Mr. Kirchgasser stated according to the counsel from the Emergency Management

Coordinator and a direct result from the lawsuit by the "Safety Seven", residents should proceed

to an area upwind and uphill.

Ms. Bibbiana Dussling, 76 War Admiral Lane, regarding the "Safety Seven", the hearing is

Thursday, January 17, 2019. She stated some of the members of the case have approached the

Township for a letter of support. Mr. Haines stated he met with Ms. Fuller and the Township was

Page 3: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,
Page 4: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

The motion carried with a vote of 5-0.

6. PUBLIC HEARING

Township Council Meeting 3

January 14, 2019

A. Continued from 11/22/2018 and 12/10/2018: A public hearing on a Conditional Use for

Linvilla Orchards, 137 W. Knowlton Road, consideration to amend the June 8, 1992

Agreement for non-conforming uses and accessory uses, as identified in Exhibit "B" of the

agreement, to permit the commercial dispensing and/or retail sale of malted or brewed

alcoholic beverages.

Continued to the January 28, 2019 Council Meeting.

B. Public hearing on a Conditional Use for Dos Gringos, 415 Lenni Road, consideration for

commercial food production facility.

Mr. Galloway made a motion to open the Public Hearing and Mrs. Powell seconded the

motion. The motion carried with a vote of 5-0.

SEE ATTACHED HEARING MINUTES

Mr. Galloway made a motion to close the Public Hearing and Mrs. Powell seconded the

motion. The motion carried with a vote of 5-0.

Mr. Galloway made a motion to amend the agenda to vote on a resolution for a conditional

use and Mrs. Powell seconded the motion. The motion carried with a vote of 5-0.

7. NEW BUSINESS

A-1. Consideration to Approve Conditional Use for Dos Gringo, 415 Lenni Road, for commercial

food production facility.

Mr. Read made a motion to approve the Conditional Use and Mr. Byrne seconded the

motion. The motion carried with a vote of 5-0.

6. PUBLIC HEARING

C. A Public Hearing on a Conditional Use for Granite Run Buick GMC, for property located at

1067 W. Baltimore Pike (Sears Automotive), consideration for temporary vehicle

parking/storage. To be continued to March 25, 2019.

Mr. Galloway made a motion to continue the Public Hearing to the March 25, 2019 Council

Meeting and Mrs. Powell seconded the motion. The motion carried with a vote of 5-0.

D. NEW BUSINESS

A. Consideration to introduce Ordinance No. 800: Amendments to Chapter 4 - Administration

of Government and the creation of a Middletown Township Personnel Manual.

Mr. Galloway stated he would like more time to review the proposed the ordinance and

would like more time to review some aspects.

Page 5: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,
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Township Council Meeting 5

January 14, 2019

E. Consideration to Authorize - Traffic SignalAgreement for Road "A" in association with WV-PP

Towne Center, located at 1408 W. Baltimore Pike, Folio #27-00-00100-01

Mr. Polaha stated Road "A" is the entrance driveway to the residential project across from

Valley Road. He stated this agreement would provide the Township with an easement for

the traffic signal facilities that WV-PP will be installing at the intersection. He stated this is

the same easement agreement that was provided to Council with respect to the easement at

Granite Farms Estates. Mr. Polaha stated there is also as per the agenda, a Traffic Signal

Easement Agreement at Office Drive next to the PA. State Police Barracks. Mr. Haines stated

Mr. McKenna and Mr. Matson reviewed to make sure the metes and bounds are consistent

with what Mr. Pola ha has provided and approve of the submitted documents.

Mr. Galloway made a motion to approve the Traffic Signal Easement Agreement and

Mr. Byrne seconded the motion. The motion carried with a vote of 5-0.

F. Consideration to Authorize - Traffic Signal Agreement at PA State Police Barracks, in

association with WV-PP Towne Center, located at 1336 and 1408 W. Baltimore Pike, Folio

#27-00-00100-01 and #27-00-00096-00.

Mr. Galloway made a motion to authorize the Traffic Signal Agreement at the PA State Police

Barracks. Mr. Read seconded the motion. The motion carried with a vote of 5-0.

G. Consideration to Authorize - Stormwater Operation and Maintenance Agreement, in

association with WV-PP Towne Center, Road "A".

Mr. Haines stated the documents show this is specific for the stormwater operation and

maintenance at Donovan Drive and has been reviewed by Mr. McKenna and Mr. Matson.

Mr. Polaha stated the agreement provides for the developer WV-PP, to maintain the

stormwater facilities at Donovan Drive where it intersects Baltimore Pike. Mr. Kirchgasser

stated Donovan Drive intersects at Thomas Chevrolet.

Mr. Galloway made a motion to authorize the Agreement and Mrs. Powell seconded the

motion. The motion carried with a vote of 5-0.

H. Consideration for Approval - Resolution 2019-20; Final Major Subdivision, "Darlington Pointe

11," 432 Old Forge Road.

Mr. James Buckley, representing the developer, stated they are looking for approval of the

subdivision consisting of eight lots (7 new building lots). He stated two lots access by their

own individual driveways by Old Forge Road (Lots 1 and 2), and Lots 5,6, 7 and 8 access by

Old Forge Road by a common driveway, and Lots 3 and 4 access by Matrissa Ridge through a

shared driveway. He stated the plan has been reviewed and they comply with all the requests

and comments. He stated he is requesting two waivers: to allow for certain construction in

steep and very steep slope areas and the requirement plans be signed and sealed by a

landscape architect. He stated there is very minimal landscaping and what is provided is for

screening purposes.

Page 7: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,
Page 8: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

Mr. Kirchgasser adjourned the meeting at 8:10 P. M.

Respectfully Submitted,

Sharon Browne, Recorder

Township Council Meeting 7

January 14, 2019

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MIDDLETOWN TOWNSHIP COUNCIL J'..1:EETING January 14, 2019

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[· .. "1:··,, ·1l 1,:,1·u· WN ,·o\/1 NSHI? • ·1 l ,-�· l�J ••·• "

In Re: Public Hearing, Conditional Use for Dos Gringos 415 Lenni Road

Transcript of a portion of the MIDDLETOWN

TOWNSHIP COUNCIL J'..1:EETING, PUBLIC HEARING, in the

above-captioned matter, taken before Lorraine Evans,

Court Reporter-Notary Public, at the Township

Building, 27 North Pennell Road, ·Media, Pennsylvania

19063, on Monday, January 14, 2019, commencing

approximately at 7:25 p.m.

BOARD J'..1:EMBERS

MARK KIRCHG.ASSER, CHAIRPERSON SUSAN POWELL WALTER READ

STEPHEN BYRNE SCOTT D. GALLOWAY

ANDREW HAINES, Township Manager JOSEPH A. DAMICO, JR. ESQUIRE, Solicitor

ERIC J. JANETKA, Township Engineer

LORRAINE EVANS PROFESSIONAL COURT REPORTER-NOTARY PUBLIC

530 P?xon Hollow Road Broomall, Pennsylvania 19008

(610)203-7715 [email protected]

□. . ORirr�.r \Lt v.li.l'Hi

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MR. GALLOWAY: Mr. Chairman, I understand

there's been a request from the attorney for

the applicant, Linvilla Orchards, to once again

continue this agenda item, and they have

requested that'they be placed on the Monday,

January 28, 2019 meeting, which is two weeks

from this evening. I would make a motion we

continue this matter.

CHAIRMAN KIRCHGASSER: Motion to continue

this item until the 28th of January, our next

meeting.

MR. BYRNE: Second.

CHAIRMAN KIRCHGASSER: All those in favor?

Opposed? rhat motion carries.

(Whereupon, all Council members

present vote "aye.")

CHAIRMAN KIRCHGASSER: On to Item 6B. Mr.

Haines.

MR. HAINES: This public hearing is going

to go forward. We have a conditional use

hearing for Dos Gringos at 415 Lenni Road,

consideration for commercial food production

facility, and as it's a public hearing if you

guys would like to motion and convene a public

LORRAINE EVANS

3

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Page 14: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

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Borough of Media, Dos Gringos Mexican Kitchen,

if you're not familiar with it. I've been

there about eight years now.

Over the past few years as business grew

we were looking for a larger facility to be

able to produce and prepare food in the

restaurant as the restaurant is pretty small.

Kind of exhausted options over the past few

years, looking to rent additional space or

possibly enlarge my space.

We came across the property at 415 Lenni

Road a few months ago, as I live a couple

blocks away from it. Thought it would be a

great opportunity for me to be able to expand

my business and be able to have that extra

space to do production for catering and a chip

and salsa business that we have as well in the

restaurant. So that's what I am looking to do

with the property.

CHAIRMAN KIRCHGASSER: Okay, any

questions?

MR. GALLOWAY: So 415 is a residential

property I assume?

THE WITNESS: It's zoned residential in

LORRAINE EVANS

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Page 15: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

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the neighborhood. It's been used for, I don't

know how long, for many years now, as a

non-conforming, as Chestnut Bakery. Before

that it was a bakery as well, a deli before

that as well, so we would be continuing it as a

non-conforming use.

MR. GALLOWAY: You would be making food at

this property and then transporting it to your

restaurant?

THE WITNESS: Not necessarily to the

restaurant. For off-site catering purposes.

Producing food there and delivering to off-site

catering.

MR. GALLOWAY: How many vehicles would

that entail?

THE WITNESS: One food truck and a car or

so. In terms of vehicles, delivery vehicles,

one. And then parking for myself and if I have

an employee there with me.

MR. GALLOWAY: Do you have this property

under agreement conditioned on approval here?

THE WITNESS: We do.

MR. GALLOWAY: How many employees would

you have working there?

LORRAINE EVANS

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THE WITNESS: Probably maximum two to

three.

MR. GALLOWAY: And the hours of operation?

THE WITNESS: Probably, again, it would

vary. Catering business often varies. Maximum

five days a week or so, and minimum one or two

days a week. Hours probably earliest, get

there at eight o'clock in the morning, to an

event, came back, breakdown and clean later in

the afternoon and evenings as well.

MR. GALLOWAY: Thank you.

CHAIRMAN KIRCHGASSER: Mr. Read, Mr.

Byrne, anything?

BY MR. DAMICO:

Q I just have one question. It's my

understanding there won't be any retail operation at

all, is that correct?

A Correct. To be more specific, the post

office does still operate within the building, so

obviously their retail business is going to

continue.

Q

A

You will not have customers come?

I will not, no.

CHAIRMAN KIRCHGASSER: No other questions

LORRAINE EVANS

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Page 18: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

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REPORTER'S CERTIFICATION

I HEREBY CERTIFY that I was present upon the

hearing of the above-entitled matter and there

reported stenographically the proceedings had and the

testimony produced; and I further certify that the

foregoing is a true and correct transcript of my said

stenographic notes.

....... --:,!.••--�

10

ai·e vans --

porter-Notary Public My Commission Expires October 25, 2022

(The foregoing certification of this transcript does

not apply to any reproduction of the same by any

means, unless under the direct control and/or

supervision of the certifying reporter.)

LORRAINE EVANS

Page 19: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,
Page 20: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,
Page 21: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

A. The Township Engineer shall be appointed by the Township Manager, orTownship Council if the position is not filled by a merit, in-house staff employee,on the basis of qualifications for performing the duties of the office inaccordance with Section 505 of the Home Rule Charter.

B. Within the Department of Engineering shall be a position designated as "FireMarshal", who shall be selected by the Township Manager. The duties of theFire Marshal shall include:

(1) Investigate and determine the cause of all fires in the Township.

(2) Initiate, with the appropriate law enforcement officials, investigation andaction on any suspicious fire with which criminal activity may reasonablybe suspected.

(3) Maintain records of all fire alarms and fire calls, organized byclassifications of types and location.

(4) Prepare and submit to the Township Manager, on a standardizedreporting form, a monthly report on all fires, investigations, inspectionsand other activities of the office, which report shall contain such data asrequired by the Township Engineer and Manager.

(5) Completion of other fire safety projects and studies assigned through theEngineer.

(6) The person designated to serve as the Fire Marshal shall also be assignedto building and code enforcement duties as directed by the Director ofPlanning and Development.

(7) Conduct fire prevention programs for community groups and publiceducation programs, including the publication and dissemination ofinformational pamphlets, news releases and articles within theappropriations available for such purposes.

(8) Maintain liaison with the officers of the Township volunteer firecompanies and encourage cooperative programs for the prevention offires and protective actions to be taken in the event fires should occur.

(9) Such other duties as may be assigned to the Department by Townshipordinances or other laws, or as may be directed by the TownshipManager.

C. Within the Department of Engineering shall be a position designated as "RoadSuperintendent" who shall be appointed by the Township Manager on the basisof qualifications. The duties of the Road Superintendent shall be defined by theTownship Manager and reviewed, assessed and established annually through theperformance review process.

3

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Page 23: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

Section 9.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article Ill, Section 4-37, Duties of Director of Finance, is hereby amended to read as follows at the beginning of the Section:

The duties of the Director of Finance shall include, but not be limited to, the following:

Section 10.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-54, Purpose; applicability;

administration; definitions, is hereby repealed and a new Section 4-54 is provided as follows:

A. Purpose. The purpose of the Personnel Manual, as adopted by Township

Council, is to establish personnel principles and policies, which shall include, but

not be limited to, the following:

(1) Employment in the Township government, including appointments,

promotions and other personnel actions, shall be based on merit.

(2) Just and equitable incentives and conditions of employment;

(3) Every effort shall be made to stimulate high morale by fair administration

of these regulations consistent with the best interests of the public and

the Township.

B. Coverage. The Personnel Manual shall apply to all employees of the Township.

The regulations shall not apply to elected officials, members of the citizen

boards, commissions and authorities, Township Solicitor(s) and Township

Engineer(s) who may serve on a consulting basis.

C. Administration. The Township Manager shall have the responsibility for the

administration of the Personnel Manual as provided for in Sections 303A and 503

of the Charter. This responsibility shall include appointing and disciplining all

employees covered by these regulations and, upon approval of the Township

Council, establishing whatever detailed rules as may be necessary to carry out

the regulations or to implement personnel policies.

Section 11.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-55, Employment process, is hereby

repealed and a new Section 4-55 is provided as follows:

A. General. The Personnel Manual shall include, but not be limited to, defining fair

and objective employment practices and its process, to include job postings,

5

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position assessment, reclassifications and non-economic adjustment shall not cause an

immediate adjustment to an employee's wage. The Personnel Manual shall include

policies and procedures related to, among other things, pay ranges, merit step growth,

salary minimum and maximum ranges and promotional wage growth.

Section 13.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-59, Performance ratings, is hereby

repealed and a new Section 4-59 is provided as follows:

The Township Manager shall implement a performance rating system for all employees

as outlined in the Personnel Manual.

Section 14.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-60, Promotion, demotion and

transfer, is hereby repealed and a new Section 4-60 is provided as follows:

The specific policies and procedures relating to the promotion, demotion and transfer of

Township employees shall be set forth in the Personnel Manual.

A. Promotion policy. Promotions will be made from within the Township only when

the most qualified candidate is available. Promotions are made on an equal

opportunity basis according to employees possessing the needed skills,

education, experience and other qualifications that are required for the job.

B. Promotional Introductory Period. All employees promoted into a new job

position will be subject to an Introductory Period as set forth in Article VI of this

chapter. After the Introductory Period, an employee may be transferred back to

his/her original position at the discretion of the management of the Township

upon consideration of the employee's performance and suitability for the

position.

C. Transfers. Township employees may be transferred to a new position within the

Township so as to best meet the business needs of the Township, as determined

by the management of the Township. All transfers must be approved by the

Township Manager.

Section 15.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-61, Hours of work, is hereby repealed

and a new Section 4-61 is provided as follows:

The Personnel Manual shall include policies and procedures for defined scope of hours

worked among the employee groups.

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Section 21.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-67, Overtime and compensatory time

off, is hereby repealed and a new Section 4-67 is provided as follows:

The Personnel Manual shall include policies and procedures regarding eligibility for

overtime and compensatory time pay for exempt and non-exempt employees.

Section 22.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-68, Suggestion system, is hereby

repealed in its entirety.

Section 23.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-70, Outside employment, is hereby

repealed in its entirety.

Section 24.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-71, Training, is hereby repealed in its

entirety.

Section 25.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-73, Resignations and reinstatement, is

hereby repealed and a new Section 4-73 is provided as follows:

The Personnel Manual shall include policies and procedures regarding employee

resignations and reinstatements.

Section 26.

The Middletown Township Code of Ordinances, Chapter 4, Administration of

Government, Article VI, Personnel Regulations, Section 4-74, Discipline, is hereby repealed and

a new Section 4-74 is provided as follows:

The specific policies and procedures relating to discipline, labor relations and grievance

process practices of the Township shall be set forth in the Personnel Manual and shall

be compliant with applicable State and Federal law related to public employment.

A. General. Violation of Township policies and procedures may result in disciplinary

action including, but not limited to, demotion, transfer, leave without pay or

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Section 29.

The Middletown Township Code of Ordinances, Chapter 4, Administration of Government, Article VI, Personnel Regulations, Section 4-77, Drug and alcohol policy, is hereby repealed and a new Section 4-77 is provided as follows:

The Personnel Manual shall include a comprehensive drug and alcohol policy for all employees, including, but not limited to, CDL and non-CDL drivers.

Section 30.

The Middletown Township Code of Ordinances, Chapter 4, Administration of Government, Article VIII, Insurance and Related Matters, Subsection 4-79.A., is hereby revised to include the following at the end of the Subsection

The Personnel Manual shall maintain policies and procedures for all applicable insurance coverages.

Section 31.

(1) Emergency/Fire Services shall comply with Township policies regardinginsurance; any references to 'employee' shall be viewed as any eligiblemember of a fire company. So long as the Township provides insurancecoverage each company shall comply with all required insurance terms,policies and regulations.

The Middletown Township Code of Ordinances, Chapter 4, Administration of Government, Article IX, Driver Safety Policy, is hereby repealed and a new Article IX, Section 4-82, entitled "Driver Safety Policy", is provided as follows:

The Personnel Manual shall include policies and procedures regarding Driver Safety

Policy for employees and persons operating Township vehicles.

Section 32.

If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held invalid or unconstitutional by any courts of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not render this Ordinance invalid.

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Page 32: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,
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Page 35: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,

January 29, 2019

Legal Description of a Portion of Tax Folio No. 27-00-00628-00

All that Certain Parcel of ground Situate in the Township of Middletown, the County of

Delaware and the Commonwealth of Pennsylvania described according to a Plan Titled "Former Sleighton School Property" Prepared for Middletown Township by G. D. Houtman and Son Inc., Civil Engineers and Land Surveyors, dated January 29, 2019 as follows;

BEGINNING at a point on the title line in the bed of Valley Road SR 4005 (60' Wide

R/W), a corner of Lands of Patricia Finocchiaro (Folio No. 27-00-02621-02) said point being

located approximately 610 feet north of the intersection of the Title Line of Valley Road SR

4005 and the Title Line of Forge Road; thence from said point leaving said Title line partially

along the division line with Lands of Finocchiaro and partially along Lands of Raymond &

Darlene R. Weinmann (Folio No. 27-00-00659-99) South 62 degrees 36 minutes 40 seconds

West 354.56 feet to a point; thence continuing along said Lands of Weinmann the two (2)

following courses and distances (1) South 14 degrees 38 minutes 19 seconds East 127.05 feet

to a point and (2) South 39 degrees 55 minutes 40 seconds West 274.55 feet to a point, a

corner of Lands of Helen M. Borden (Folio No. 27-00-00660-01); thence partially along said

Lands and partially along Lands of James Gaffney Jr. (Folio No. 27-00-00660-03) South 40

degrees 02 minutes 43 seconds West 860.57 feet to a point; thence continuing along said

Lands of Gaffney South 26 degrees 31 minutes 16 seconds East 66.00 feet to a point on the

Title Line of Forge Road (60' Wide R/W); thence along said Title Line South 61 degrees 57

minutes 00 seconds West 1320.02 feet to a point, a corner of Lands of Milestone Materials Inc.

(Folio No. 27-00-00633-00); thence leaving said Title Line and along the division line with

Milestone Materials Inc. the two (2) following courses and distances (1) North 27 degrees 54

minutes 37 seconds West 1007.10 feet to a point and (2) North 32 degrees 42 minutes 53

seconds East 1116.20 feet to a point on the division line between Middletown Township and

Thornbury Township and other Lands of Milestone Materials Inc. (Folio No. 44-00-00101-00);

thence along said division line and along said Lands of Milestone Materials Inc. the two (2)

following courses and distances, (1) North 60 degrees 52 minutes 33 seconds East 371.55 feet

to a point and (2) North 61 degrees 52 minutes 33 seconds East 67.32 feet to a point, a corner

of other Lands of Sleighton Farms (Folio No. 19-00-00001-00); thence along said Lands the two

Page 36: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,
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Page 39: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,
Page 40: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,
Page 41: MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA … · 11/02/2019  · Present: Stephen Byrne, Scott Galloway, Mark Kirchgasser, Susan Powell, Walter 'Bok' Read, Andrew Haines,
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