Meeting Minutes

Board of Supervisors

Wednesday, December 23 2009

The regular business meeting of December 23, 2009 of the Northampton Township Board of Supervisors was called to order at 8:10 p.m.

Members of the Board of Supervisors present were:

Vincent J. Deon

James T. Cunningham

Frank Rothermel

Dr. Arthur Friedman

George F. Komelasky

Others present were:

Robert M. Pellegrino, Township Manager

Joseph Pizzo, Township Solicitor

Dave Connell, Township Engineer

The pledge of Allegiance to the flag was led Chairman Vincent Deon.

Moment of Silence Chairman Deon held a moment of silence in support of our troops and other emergency service responders and to include the Fort Hood Tragedy.

Presentation of 2010 Census

Chairman Deon introduced Jackie Liney. Ms. Liney gave background on the census and noted the census will officially begin on April 1, 2010 and the outcome of the census will affect the amount of monies that the townships receive. For more information dial 866-861-2010 for more information.

Consent Items:

Approval of Minutes - The minutes of the December 9, 2009 meeting were deemed approved by unanimous consent.

Accounts Payable - Mr. Cunningham presented the accounts payable of December 23, 2009 in the amount of $394,552.12 less $928.62 payable to Video Gold for a total payment of $393,623.50. Accounts payable was deemed approved by unanimous consent. Mr. Rothermel voiced his concerns over payments to Rudolph, Pizzo & Clarke.

Public Hearings

Conditional Use for St. Bede's Church

Mr. Deon opened the hearing and deferred to Mr. Komelasky. Mr. Komelasky outlined the application for Conditional Use from Monsignor John C. Marine, past of St. Bede the Venerable Church located on Holland Road. The application calls for expansion of the front and rear portions of the existing church. Section 140-35 of the Zoning Code requires a conditional use application for any religious organization to construction structures or related facilities in the I-P District. Mr. Komelasky introduced Mr. Ed Murphy attorney for the applicant. Mr. Murphy explained the intended project and also requests a waiver of land development based on the fact that the proposed expansion does not create any new impervious surfaces and does not affect the overall adequacy of the parking for the church. In accordance with the Conditional Use regulations, this public hearing has been advertised in the Bucks County Courier Times on December 9 and 16, 2009. The property has been posed and residents within 500 feet have been notified. Mr. Murphy noted all concerns have been addressed, and Monsignor briefly described the modifications to the church. Monsignor Marine stated that St. Bede's is acquiring relics from a Church that is closing in Philadelphia. Due to the weight, height and size, these new improvements are necessary. Phase 1 will provide the necessary height in the rear sanctuary. Phase 2 will provide the neo-classical look. Mr. Murphy noted that the conditional use plan highlights the rear and front additions. He noted that there are currently three-hundred twenty three (323) parking spaces and that nine (9) will be lost as a result of the proposed improvements. Mr. Murphy further stated that there will be no seating with the proposed additions. In fact, seating may be reduced. Monsignor Marine noted that the square footage increase is a result of a new baptistery and wheelchair access. Mr. Komelasky noted that are nine items that need to be addressed for conditional use approval he listed the nine items and noted St. Bede's meets the requirements of these nine items. Mr. Komelasky called for Public Comment;

Lou Hirsch-51 Rotterdam West - Questioned what is the surface you will be building on and will it affect the athletic fields. Mr. Komelasky responded the fields will not be affected.

Mr. Komelasky called for Board Comment; Hearing None.

A motion (Komelasky-Cunningham) that the conditional use application and request for waiver of land development, filed by St. Bede the Venerable Church, located on Holland Road, as shown on the plan drawn by Tri-State Engineers dated October 1, 2008, last revised September 29, 2009, be approved subject to the conditions and comments outlined in the minutes and discussion of this meeting and that the applicant will pay all fees associated with the conditional use application. Motion passed 5-0

Special Recognition -Chairman Deon called Boy Scout Troop 280 to the dias and introduced Darryl Linder Scout Master for Troop 280, Robert Zimmerman, Assistant Scout Master, Blake Zimmerman, Ben Hendrickson and Jack Linder who were in attendance to received their citizenship and communication badge by attending a Board of Supervisors Meeting.

Proposed Ordinance to Amend Holding Tank Regulations - Mr. Komelasky reminded the Board that a holding tank at this property was approved at a previous meeting for a proposed pet hotel. As part of the process, the applicant was required to get approval from the Bucks County Health Department. Due to the language in our current ordinance which only permits holding tanks on a temporary basis, the Health Department denied the request. As a result, the owners have requested a minor amendment to our ordinance that will allow permanent holding tanks to serve institutions or commercial establishments with a sewage flow of less than 800 gallons per day. Mr. Komelasky noted the ordinance was advertised in the Bucks County Courier Times on December 3, 2009. Mr. Komelasky called for Public Comment; hearing none, Called for Board Comment; hearing none. A motion (Komelasky- Friedman) to adopt ordinance #545 amending the code of ordinances of Northampton Township, at Chapter 108 (Sewers), Part 2 (Sewage Holding Tanks), Article VI, by adding a new subsection D regulating holding tanks. Motion Passed 5-0.

Liaison Reports:

Community Development/Internal Affairs - George F. Komelasky

Act 537 Planning Module, Kramer Property, 636 Almshouse Road - Mr. Komelasky outlined the Resolution for Plan Revision for New Land Development, and Sewage Facilities Planning Module for 636 Almshouse Road as submitted by Gilmore & Associates, Inc. The planning module has been reviewed by the Township and County Planning Commissions as well as the County Department of Health. Final submission to DEP is awaiting approval of the holding tank ordinance amendment thereby permitting a permanent holding tank for the subject property. Mr. Komelasky introduced Matt Hoestrand of Gilmore & Associates and Property Owner Jennifer Kramer. Mr. Komelasky called for Public Comment; hearing none, called for Board Comment; hearing none. A motion (Komelasky-Cunningham) that Resolution R-09-20 be approved adopting and submitting to the department of environmental protection, for its approval, a planning module for a revision to the official plan of Northampton Township for the property located at 636 Almshouse Road. Motion Passed 5-0.

Consider of Approval of Open Space Plan Update - Mr. Komelasky introduced Judy Stern-Goldstein of Boucher & James, Mrs. Goldstein outlined the plan and reviewed the statistics. There are four main goals and objectives of an open space plan;

Goal 1: Preserve the intrinsic value of Northampton Township's natural, historic and cultural areas.

Goal 2:Preserve and maintain what remains of Northampton Township's rural character.

Goal 3:Provide recreational and community facilities to support the current and future population of the Township.

Goal 4: Further develop administrative policies and practices that encourage the preservation of open space and historic resources.

Mrs. Goldstein than reviewed the inventory of protected land. Approximately 4600 acres or 28% of the Township is protected land an additional 1,405 acres of agriculture land has been temporarily protected through Act 319 assessment. Mrs. Goldstein noted while Act 319 encourages open space preservation, it does not ensure it. At any time the landowner may remove their land from the program and develop the land for profit. There are monetary penalties, in the form of back taxes that are levied due to withdrawal from the program but these are often paid by the developer to whom the land is sold. Therefore, while Act 319 land can be enjoyed for its open and scenic qualities, it cannot be relied upon as a source of permanent open space protection. If the Board approves of this open space plan it is then sent to the County for review and comment. Mr. Komelasky noted this is an update.Mr. Komelasky called for board comment; Dr. Friedman announced he is proud of Northampton Township's achievements and questioned population and housing information, and noted the Township is involved with the greenway plan with Playwicki. Discussion continued among the board. Mr. Komelasky called for public comment;

Lou Hirsch - 51 Rotterdam West - Questioned Middle Holland Road and who owns the property and had heard that a community pool was going to be put in, Mr. Komelasky clarified that farm is leased out as a sod farm.

Mr. Komelasky called for Board comment; hearing none.

A motion (Komelasky-Friedman) that the draft open space plan for Northampton Township as prepared by Boucher & James Consulting, Eng. Be submitted to the Bucks County Planning Commission for review and endorsement. Motion Passed 5-0.

Appointment to Building Code of Appeals - Fill Expired Term Till 2014and Unexpired Term till March 2010 - Mr. Komelasky outlined the Building Code of Appeals and what the duties and experience are necessary for this Board. Discussion ensued among the Board and these items were continued to the next meeting.

Consider Adoption of 2010 Budget - Mr. Komelasky deferred to Mr. Pellegrino to outline the proposed budget. Mr. Pellegrino noted the budget does call for a 1 mill tax increase and with the increase the budget does not provide for any layoff's. Mr. Komelasky called for Board discussion. Mr. Rothermel would like to see professional contracts bid out as well as Health Benefits bid out. Mr. Rothermel believes there is a conflict of interest of having the same solicitor for the Township and the Municipal Authority.Chairman Deon stated real estate taxes are the one thing the board has control over and the budget is very detailed. Mr. Cunningham noted we are a service organization but echo's Mr. Rothermel's sediments and would like profession service contracts bid out and for the Township to tighten its belt.Mr. Komelasky called for public comment;

Eileen Silver, 80 Windy Knoll Drive - Pointed out names are not listed in professional services.

Bill O'Neill- Rocksville Road - Mr. O'Neill finds the problem with the budget is it is not a plan for the future, it is a spending map, would like to know what money is going to be spent on.

Ed Bailey, 133 Gwenlyn Drive - Questioned assessment and median and how one goes about figuring out how much in taxes they will have to pay.

Lou Hirsch, 51 Rotterdam West - Questioned Atanomy guidelines.

Dr. Friedman spoke on spending plans and how the Township is growing and how as a community we are moving forward. Mr. Komelasky discussed schedules, planning and spending and spoke on professional services. Mr. Rothermel discussed the real estate taxes and how they support the budget, also spoke on engineering services and competitive bidding. A motion (Komelasky-Friedman) to approve the 2010 Budget as proposed by the administration and advertised for public inspection on December 2, 2009. Motion passed 3-2 (with Rothermel and Cunningham voting nay.)

Mr. Komelasky reviewed the upcoming cases before the Zoning Hearing Board;

Day Holdings, 29 Tanyard Road, Jack Guldalian, 15 Brianna Road, Randy and Lara Mitchell, 210 Green Drive and Richboro Ritz Pet Resort, 636 Almshouse Road.

Public Safety - James T. Cunningham

Consider Award of Police Uniform Bids - Mr. Cunningham announced the bids for Police Uniforms were opened on December 1, 2009 for the 2010 year. For this bid process the Township used PennBid electronic bidding system and received five bids for this service. They are as follows;

Uniform Gear, Inc. Philadelphia, PA

Hess Embroidery & Uniform, West Reading, PA

Samzies Uniforms, Inc., Ewing, NJ

911 Safety Equipment, Norristown, PA

Safety League, Inc., New Cumberland, PA

After bid tabulation is was noted, Uniform Gear, Hess Embroidery & Uniform, and Safety League do not meet the bid requirement for location within 30 miles of the Police Department and did not bid on many of the required items. 911 Safety Equipment and Samzies Uniforms did provide pricing on all bid items. Their costs per officer are $3,048.05 and $2,874.80 respectively.Mr. Cunningham called for Board comment; Mr. Rothermel does not approve of the 30 mile contract stipulation. Mr. Cunningham called for Public Comment;

Bill O'Neill- Rocksville Road - Does not agree with the system of purchasing uniforms.

Further discussion ensued among the board with discussing the possibility of bringing in a tailor. A motion (Cunningham-Komelasky) to award the bid for the purchase of police uniforms in 2010 to Samzies Uniforms, Inc. at the per unit costs on the bid tabulation summary. Motion Passed 5-0.

Community Facilities & Services - Frank Rothermel

Mr. Rothermel would like to see the Board meet at 7:00pm vs the 8:00pm start time for Board of Supervisors Meetings and would like to see the pictures featuring just the soldiers instead of Supervisors for the flag ceremonies.

Community Facilities and Services Report - Vincent J. Deon

Consider Resolution Authorizing the Submission of Application to PECO Green Region Open Space Grant Program- Chairman Deon noted since 2005 PECO, through the Green Region Program has awarded 80 grants totaling over $600,000 to support open space and environmental projects throughout southeastern Pennsylvania. Grants are made in amounts up to $10,000 to municipalities in the Philadelphia 5 County Region. These monies can be used to improve municipally owned open space, such as installing or improving meadows for passive recreation. Identifying this PECO grant as a possible funding source for the 39 acre project, a grant application has been prepared. Funds in the amount of $14,000 have been identified in the 2010 Park and Recreation Budget to continue the development of the 30 acres as required by the agreement with the Department of Interior Federal Lands to Parks program. These budgeted funds can be used to match the Green Region grant. No additional Township funds would be needed to support this grant. Chairman Deon called for Board Comment; Mr. Rothermel questioned would getting the grant prohibit us from using the 39 acres and not allow us to use the 39 acres for fields. Chairman Deon noted this would not preclude us from using the 39 acres for recreational fields. Chairman Deon called for public comment; hearing none. A motion (Deon-Komelasky) to approve resolution #R-09-21 submitting a grant application to PECO under the Green Region Program and authorizing the appropriate Township Officials to execute any and all documents relating to the application process. Motion Passed 5-0.

Consider Contract Extension with J.P. Mascaro for Waste Collection & Disposal Services -Chairman Deon deferred to Mr. Pellegrino to outline the contract. Mr. Pellegrino noted on April 2, 2007, the Township entered into an agreement with J.P. Mascaro & Sons for twice weekly trash collection of residential properties. The agreement provides for an initial three (3) year term, with the option of extending the contract for two additional one (1) year periods. The Southwest Bucks County Solid Waste Advisory Committee (SWBSWAC) representing Northampton, Upper Southampton and Lower Southampton Township voted unanimously at its meeting on November 24, 2009 to recommend that each of its member municipalities approve a one year contract extension to expire on April 2, 2011. For the first three years of the current contract the Township paid $238.14 per residential unit for trash, recycling and yard waste collection. During the one year extension this cost will increase to $257.28. This increase will not impact the fee charged by the Township for trash collection services in 2010. Chairman Deon called for Board Comment; Board discussion ensued on the contract. Chairman Deon called for public comment;

Jerry Bass-66 Keenan Lane - Questioned if the increase will affect the residents, it was stated no, the Township will absorb it.

A motion (Deon-Komelasky) to approve a contract extension with J.P. Mascaro & Sons for the collection of residential solid waste and recycling materials for a one year period beginning April 3, 2010 in accordance with a recommendation from the Southwest Bucks County Solid Waste Advisory Committee at a per unit price of $257.28.

Motion passed 5-0.

Public Works Report - Dr. Arthur Friedman - Dr. Friedman thanked the public works department on their hard work on the snow plowing during this snow storm.

Consider Resolution Declare/Repeal Snow Emergency - Dr. Friedman added the resolution declaring and repealing a Winter Storm Declaration. A motion (Friedman-Komelasky) to approve Resolution #R-09-22 declaring a limited state of emergency effective 1500 hours (3:00 pm), December 19, 2009 and ending at 1530 (3:30 pm) on December 20, 2009 as outlined in the resolution. Dr. Friedman called for Board and Public Comment; hearing none. Motion passed 5-0.

Dr. Friedman spoke on the R-8 Newtown Rail line and about serving on the Board the last six months as a replacement for John E. Long Jr. due to his untimely death. Dr. Friedman spoke on his philosophy and making decision not based on personal, spoke on the election campaign, hiring of professionals, does not agree with sealed bids, and spoke on the debate issue. Thanked everyone for their support.

Citizens Concerns

Bill O'Neill - 452 Rocksville Road - Mr. O'Neill spoke on the debate issue, and the appointment to the Building Code Board of Appeals, discussed how Municipal Budgets are incremental and if the Township combined budgets with the Municipal Authority could cut taxes by 10%.

Chairman Deon wished everyone a safe and happy holiday and reminded everyone to drive safely.

Chairman Deon adjourned the meeting at 10:30 pm.

Respectfully Submitted,

George F. Komelasky, Secretary