Judge Upholds Pensions
For Hernandez & Parsell
MILFORD — Specially presiding judge Linda Wallach Miller has ruled against the Delaware Township Auditors’ claim that two former supervisors are not entitled to compensation from an approved state pension plan.
This is in relation to a 2006 pension plan that the township auditors claimed eight years later was not the pension plan that was agreed upon. In second class townships, it is the township auditors’ duty to approve all compensation packages involving supervisors that also work for the township.
Thaddeus Parsell held the position of Roadmaster since 1983 and was a township supervisor up until this year. Ileana Hernandez held the position of secretary/treasurer and supervisor since 1992 but was not re-elected in 2012.
The complaint filed by Attorney Michael Savona on behalf of Delaware Township Auditors – Chairman Dennis Lee, Michael Dickerson and Jane Neufeld – alleges that in March of 2006, the board of supervisors held a special meeting with then Auditors Louise Chattaway, Kathleen Cancelino and current auditor Dickerson, to consider participation in a proposed pension plan through a verbal presentation by then township solicitor Anthony Magnotta.
The plan verbally approved by the auditors would be managed by PA State Association of Township Supervisors (PSATS), would be funded solely by the township with no employee contribution, a flat fee of $79,000 annually and after three years, PSATS would contribute 50 percent of the cost to the plan. In addition, employees would be eligible for pension benefits after 10 years of service or at age 65.
According to the complaint, the pension plan approved at a March 2006 Board of Supervisors meeting was different from what the auditors approved, specifically that the cost of the plan was not limited to $79,000 per year nor was PSATS contributing 50 percent as specified in the meeting minutes. In addition, it was not the auditors’ understanding that the pension plan would be backdated to the time of employment.. for complete story get this week's issue.
Courthouse ARB Application Deferred Until October
MILFORD — Due to hurdles facing the land development application with the Milford Borough Planning Commission, the County Commissioners asked the Borough Architectural Review Board (ARB) for a continuance for their application for the County Courthouse restoration and expansion.
With changes to the application such as the easement for the septic system, changes to parking, and plans for purchasing lots from the Borough, County Solicitor Thomas Farley asked that the ARB hold a special meeting at 7 p.m. on Oct. 14 after the Planning Commission meeting at 5 p.m. that day, to which the ARB agreed.
Engineer Michael Lamoreaux, who presented the County’s application at the last ARB meeting, provided the board with 1) new elevations for the rear of the building, which had a vehicle ramp moved out of sight, 2) window details previously requested by the ARB architect, Vlad Potiyevsky, and 3) a photo montage of the Broad Street streetscape, including the proposed addition. He also provided them with the campus-wide parking study, which saves the County from demolishing two properties on West High Street... for complete story get this week's issue.
Courthouse Lot Ownership
Annex Development Plan
MILFORD — Pike County commissioners and their representatives found that their Courthouse complex Land Development (LD) plan would not be a cakewalk at the Milford Borough Planning Commission.
The commissioners and engineers submitted their LD plan, but the Commission voted not to accept it until the county amends the plan.
Commission Chairperson Adrienne Wendell questioned whether the Commission could accept the LD plan absent a county Lot Consolidation from Milford Borough Council. The County needs proof that it owns all four lots in front of the Courthouse, noted Commission Alternate Solicitor Tony Waldron.
The Kenworthey House and proposed annex is on one lot, part of the Courthouse and part of the lawn area in front of the Courthouse are on the second lot, another part of the Courthouse is on the third lot, and most of the lawn area is on the fourth lot.
The Borough owns the lot with the main lawn area; the county owns the other three. Waldron advised that the County must show an option to buy or proof of purchase and a Lot Consolidation plan approval from Milford Borough Council for the Commission to accept the LD plan. Historic Preservation Trust of Pike County lawyer George Broseman also objected to the LD. He said that the LD did not meet Borough Code, which indicates that an applicant must obtain a Conditional Use permit before submitting a LD plan. Waldron agreed.
Borough Zoning and Sewage Enforcement Officer Bob DiLorenzo explained that the County has two options: one is to consolidate the four lots, which requires a Conditional Use permit.
The second option is to combine nine lots, the four on Courthouse Square and five others that include the County Administration Building, Sheriff’s office, Raser House and Miller House on High Street (adjacent to District Magistrate’s Court), and Magistrate’s lot.
The Raser and Miller House lots are where the County plans to site the Courthouse and Annex’s in-ground septic system. The nine-lot Lot Consolidation doesn’t require a Conditional Use. The County now has to make the Lot Consolidation plan choice and resubmit an amended LD plan and amended sewage plan (if the nine-lot plan is submitted) at a subsequent Commission meeting.