Board of Supervisors
Wednesday, January 27 2010
The regular business meeting of January 27,
2010 of the Northampton Township Board of Supervisors was called to order at 7:45 p.m.
Members of the Board of Supervisors present
were:
Vincent J. Deon
James T. Cunningham
Frank Rothermel
Eileen Silver
George F. Komelasky
Others present were:
Robert M. Pellegrino, Township
Manager
Barbara Kirk, 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.
Flag
Presentation Chairman Deon introduced Peter Palestina to lead the
flag presentation. Mr. Palestina introduced the family of Senior Master Sergeant Paul Capinas.
The Northampton Supervisors honored
Air Force Master Sgt. Paul Capinas by once again placing his Air Force flag in the township flag display.
Capinas has recently redeployed to Iraq for his third tour there. Mr. Palestina thanked Frank who raised the
flag at the Opening of the Veterans Ceremony and also recognized Col. Paulette Schenk who went to Haiti as a
Civilian to help with the wounded.
Miracle
League Presentation Chairman Deon introduced Joe Hand President of the
Northampton Miracle League. Mr. Hand thanked the Supervisors for their support and gave a brief overview of where the
program stands and where it is heading to. Although donations have been received more is still needed come out and
support this program by attending one of the many fundraisers. Information can be found at
www.miracleleague.org.
Public
Comment
Jerry Bass - 66 Keenan Lane - Mr. Bass
discussed appointments to the Municipal Authority and the accomplishments of the existing
appointees.
Bill Hanson - 252 Holland Road - Reviewed
the proposal for the Davis Pontiac Site, does not like the concept of box stores there. Chairman Deon noted the Board
appreciates the concerns for this site.
Dennis Amareld - 196 Cloverly Drive -
Reviewed the Davis Pontiac Site and the concept planned there, does not want to see three story buildings or box
stores. Reminded everyone Planning Commission Meeting February 2, 2010 at 7:30 will be discussing this site.
Questioned the Board of Supervisors Meetings going to once a month, questioned retainer fees for
Solicitor.
Ed Bailey - 133 Gwelyn Drive - Questioned
if the meeting with DEP has happened, Mr. Pellegrino stated to date this has not been
rescheduled.
Consent
Items:
Approval of
Minutes - The minutes of the December 23, 2009 meeting were deemed
approved by unanimous consent, with Mrs. Silver abstaining.
The minutes of the January 4, 2010 meeting
were deemed approved by unanimous consent.
Accounts
Payable -Mr. Rothermel presented the accounts payable of January
13, 2010 in the amount of $650,259.14 were deemed approved by unanimous consent.
Mr. Rothermel presented the accounts
payable of January 27, 2010 in the amount of $424,340.45.Mr. Rotheremel noted his standing objection with Rudolph,
Clark & Pizzo and Video Gold. Chairman Deon noted because of Mr. Rothermel's objections he would like to call for
a roll call vote. A motion (Rothermel-Silver) to approve the accounts payable in the amount of $424,340.45.
Motion passed 4-0-1 with Mr. Komelasky abstaining due to an invoice on the accounts payable made out to Paist
& Noe for the tax collector's bond.Mrs. Silver reviewed the invoices for Video Gold and noted she was
pleased to see the breakdown on the invoice for the charges.
Public
Hearings
Amendment to Approved Plan -
Schoolhouse Commons
Mr. Deon opened the hearing and deferred to
Mr. Komelasky. Mr. Komelasky introduced Tom Hecker, attorney for the applicant, Brian Zappala, project engineer from
Bohler Engineering and the applicants Mr. Rich Soloff & Mr. Mike Meister. Mr. Hecker outlined the project. The
applicants are requesting an amendment to the approved plan for TD Bank to eliminate the Burger King restaurant and
replace it with a new retail building of approximately 9,600 sq. feet. The plan currently before the Board shows the
proposed retail building with the drive thru on the South (left side) which results in the building moving
approximately 8 feet farther South away from the view toward the relocated Schoolhouse. Mr. Komelasky presented the
defined use. Mr. Komelasky deferred to Mr. Connell with regard to parking. Mr. Connell confirmed parking is
sufficient with the suggested use. Mr. Komelasky discussed cross easements detailed in stipulation and noted that if
a coffee shop does not go in, there will not be a drive-thru. The monument sign will be paid for and put up by the
applicants and will include the Schoolhouse and will be the same size and style as TD Bank. All items should be
incorporated into the plan and to the satisfaction of the Township Engineer. Chairman Deon asked the Township
Solicitor to put the stipulations in an understandable format and submit to the applicant. Mr. Komelasky stated there
are two choices to be made move forward or leave as a Burger King pad site. Mr. Komelasky called for Board Comment;
Mrs. Silver questioned if signs would be placed on individual stores and how many stores are we looking at? Mr.
Hecker explained there is approximately 9,000 square feet. Chairman Deon explained this is guided by the Zoning
Ordinance. Mr. Cunningham would like to make sure the structural elements compliment the schoolhouse. Mr. Komelasky
noted the structural elements of this nature are listed in the stipulation agreement. Mr. Rothermel stated he likes
the proposed elevation so as not to block the Schoolhouse. Mr. Komelasky noted once the Board approves this, it goes
to TD Bank for approval. Chairman Deon questioned the maximum number of stores, Mr. Hecker stated a maximum of six.
Chairman Deon stated six seems like a lot for the size of the building.Mr. Komelasky called for public
comment;
Dennis Amareld - 196 Cloverly Drive -
Questioned if a traffic count would be done and questioned if the traffic pattern would change, Mr. Komelasky noted
no traffic pattern change is stated in the proposal. Mr. Amareld is very concerned with traffic
congestion.
Marge Weiner - 450 Worthington Mill Road -
Ms. Weiner noted she is familiar with the engineer on the project and stated he will protect the integrity of the
Schoolhouse.
A motion (Komelasky-Cunningham) that a
revised stipulation agreement prepared by the Township Solicitor for a plan drawn by Bohler Engineering dated August
25, 2009, last revised October 13, 2009, be approved subject to the conditions and comments as outlined in the
minutes and discussion of this meeting. Motion passed 5-0.
Liaison
Reports:
Community Development/Internal
Affairs - George F. Komelasky
Consider Dedication of Right of
Way - Northampton Presbyterian Church - Mr. Komelasky outlined the
request by the Northampton Presbyterian Church for the dedication of the Right-of-Way of Buck Road as required for
completion of the Northampton Presbyterian Church Land Development. On June 3, 2009, CKS Engineers certified that all
public improvements have been satisfactorily completed. A maintenance bond in the amount of $8,862.30 has been
provided from Fidelity and Deposit Company of Maryland and will be in effect for 18 months from the date of
dedication. Mr. Komelasky called for Board Comment; hearing none. Called for Public Comment; hearing none. A motion
(Komelasky-Cunningham) that Resolution R-10-3 accepting the right-of-way of Buck Road dated December 1, 2009, from
Northampton Presbyterian Church, is accepted for dedication and that the maintenance bond submitted be accepted to
fulfill the maintenance requirements for the period of 18 months from this date. Motion passed
5-0.
Consider Dedication -Northampton
Gate, Phase IV - Mr. Komelasky noted Toll Brothers
has requested dedication of Northampton Gate, Phase IV. This phase involves only the relocated portion of St.
Leonards Road. There are no housing units or other roads involved. On December 16, 2009, CKS Engineers certified that
all public improvements have been satisfactorily completed. A maintenance bond in the amount of $27,968.95 has been
provided from International Fidelity Insurance Co. and will be in effect for 18 months from the date of dedication.
Mr. Komelasky called for Board Comment; hearing none, Called for public comment; hearing none. A motion
(Komelasky-Cunningham) that Resolution R-10-4 accepting the Deed of Dedication dated January 18, 2010, for the
dedication of public improvements, and Resolution R-10-5 accepting the Deed of Easements dated May 21, 2003 for the
improvements within the easements, be accepted from Toll PA IV, LP, a Pennsylvania Limited Partnership, and that the
Maintenance Bond submitted be accepted to fulfill the maintenance requirements for the period of eighteen months from
this date. Motion passed 5-0.
Consider Authorization to
Advertise Ordinance Adopting Statewide Building Code - Mr.
Komelasky explained the State informed municipalities that the 2009 Code series will replace the 2006 edition that is
currently being enforced. For consistency, other language in the ordinance reiterates the same provisions that the
Township adopted when the Statewide Building Code was originally enacted. Mr. Komelasky called for Board Comment; Mr.
Rothermel would like the Zoning Officer, Mike Solomon to attend the next meeting to answer any questions. Called for
public comment; hearing none. A motion (Komelasky-Silver) to authorize advertisement of a public meeting to consider
an ordinance adopting the 2009 Building Code series. Motion Passed 5-0.
Consider Authorization to
Advertise Ordinance Amending Chapter 130 Vehicles and Traffic -
Mr. Komelasky stated the Township Administration in conjunction with the Northampton Township Police Department has
been working to revamp Chapter 130, Vehicles and Traffic, Article II Traffic Regulations, Section 130-7, Speed
Limits, in order to develop uniform speed limits in the residential and commercial areas of the Township. It is hoped
that at the conclusion of this process the residential speed limit in the Township will be 25 mph and the speed limit
in commercial/industrial areas, excluding State roadways, will be 35 mph. Mr. Komelasky called for public
comment;
Dennis Amareld - 164 Cloverly Road -
Questioned speed limit on Twining Ford Road would like to see Pedestrian Speed Bumps.
Mr. Komelasky called for Board Comment;
Discussion continued among the Board.
A motion (Komelasky-Cunningham) to
authorize the Township Administration to schedule and advertise a public hearing amending Chapter 130, Vehicles &
Traffic establishing a 25 mph speed limits, prohibiting U-turns, adding stop intersections and prohibiting parking on
certain township streets. Motion passed 5-0.
Award 2010 Tax Anticipation Note
-Mr. Komelasky noted the Township issued Requests
for Proposals to six financial institutions. After reviewing the proposals it is the Finance Directors's
recommendation to award the Note to TD Bank. Although M & T Bank and 1st National of Newtown have
submitted aggressive offers to us, TD Bank is clearly the most beneficial choice for the Township at these considered
interest rate scenarios. Mr. Komelasky called for Board Discussion; Mr. Rothermel commends the Manager and the
Finance Director on the work they put into in getting these RFP's.A motion (Komelasky-Cunningham) to adopt
resolution R-10-6 authorizing the issuance of a tax anticipation loan from TD Bank at an annual interest rate of
1.60% and authorizing the appropriate Township Officers to execute all the necessary documents in connection with the
loan. Motion Passed 5-0.
Appointment of Certified Public
Accounting Firm for 2009 Audit - Mr. Komelasky outlined that in
September 2007 the Township issued Requests for Proposals to four accounting firms specializing in local government
audits to perform audits for Northampton Township. We requested proposals for a three year period from 2007 through
2009. At its meeting of November 14, 2007, the Board approved the proposal from Bee, Bergvall & Company. Mr.
Komelasky called for Board Comment; hearing none, called for public comment;
Dennis Amareld - 164 Cloverly Drive -
Questioned the audit and Mr. Komelasky clarified.
A motion (Komelasky-Cunningham) to appoint
Bee, Bergvall & Company to conduct the 2009 audit of Township accounts in accordance with their proposal dated
September 10, 2007.Motion Passed 5-0.
Mr. Komelasky noted there will be a
presentation by the Dreher Group regarding the Davis Pontiac Site as well as a land development from the Miracle
League at the Planning Commission meeting to be held on February 2, 2010 at 7:30 pm here at the Administration
Building.
Mr. Komelasky reviewed the upcoming cases
before the Zoning Hearing Board to be held on February 22, 2010.;
Tobias, 16 Miles Road, Ivyland, Ivyland
Collision, 75 Industrial Drive, Ivyland, Richboro Ritz Pet Resort, 636 Almshouse Road, Ivyland, Ervine, 65 Meadow
Lane, Richboro, Cathleen George, DMD, 51 almshouse Road, Richboro.
Public Works Report - Eileen
Silver - Mrs. Silver reminded residents to access the Parks &
Recreation website for great programs, went to the Historical Commission meeting and met Mary Adams history custodian
located at the Library.
Appointment to Historical
Commission to Fill Expired Term through 2014 - A motion
(Silver-Komelasky) to reappoint Virginia Geyer to a term ending December 31, 2014. Motion Passed
5-0.
Appointment to Historical
Commission to Fill Expired Term through 2014 - A motion
(Silver-Rothermel) to reappoint Andrea Mangold to a term ending December 31, 2014. Motion Passed
5-0.
Consider Renewal of Township
Manager Contract - A motion (Silver-Rothermel) to extend Robert M.
Pellegrino, Township Manager's contract for another one year term. Motion Passed
5-0.
Community
Facilities - James T.
Cunningham
Consider Resolution Granting the
Northampton Bucks County Municipal Authority Certain Easements Related to the Western End Phase 2 Public Sewer
System - Mr. Cunningham noted the Municipal Authority is
requesting an easement for the installation of a sewer main across TMP Number 31-49-64 that is Township Owned Open
Space located along Steamwhistle Drive. The project is part of the Western End, Phase II public sewer system
installation. The Municipal Authority has requested that the Board of Supervisors grant an easement in lieu of
condemnation and will pay the rate of $1.60 per sq. ft for the easement area for a total of $9,326.40 for the
permanent easement and $2,583.90 for the temporary easement. Mr. Cunningham called for Board Comment; hearing none,
Called for Public Comment; hearing none. A motion (Cunningham-Komelasky) to approve Resolution R-10-7 authorizing the
Township Manager to execute all documents related to the grant of easements on Tax Map Parcel # 31-49-64 to the
Northampton, Bucks County Municipal Authority for the installation of a sewer main for the Western End, Phase II
public sewer system project. Motion Passed 5-0.
Community Facilities &
Services - Frank
Rothermel- Nothing to report.
Community & Public Services
Report - Vincent J. Deon - Chairman Deon reviewed
the Newsletter that just came out and the article on the budget. Congratulated the Miracle League on their
accomplishments so far. Reminded all residents again of the Davis Pontiac Presentation and Miracle League
Presentation at the Planning Commission Meeting to be held on February 2, 2010 at 7:30 pm. Chairman Deon asked
residents to recycle.
Chairman Deon noted the Board of
Supervisors will meet in executive session after tonights Board of Supervisors Meeting to discuss legal and personnel
issues.
Chairman Deon adjourned the meeting at 9:50
pm.
Respectfully
Submitted,
Eileen Silver,
Secretary
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