Meeting Minutes

Board of Supervisors

Wednesday, February 24 2010

The regular business meeting of February 24, 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 SilenceChairman Deon held a moment of silence in support of our troops and other emergency service responders.

Special PresentationChairman Deon introduced Jack Callander as the Distinguished Citizen for the month of February. Chairman Deon congratulated Jack on all of his volunteer work with the sports activities and the kids.

Public Comment

Tim Snee - 619 Jacksonville Road - Mr. Snee raised concerns with only having one meeting a month and the letter that was mailed regarding the proposed development on the Davis Pontiac Tract.

Ed Bailey - 133 Gwelyn Drive - Questioned if the meeting with DEP has happened, Mr. Pellegrino stated he attended the meeting and outlined the discussions that took place. Mr. Pellegrino noted DEP would like to see the carved out properties monitored. Mr. Bailey questioned if decisions were made on Gwenlyn and Hidden Valley.

Bill O'Neill - 452 Rocksville Road- Mr. O'Neill is glad to see a new era of cooperation and nice dialogue between residents and the Board. Mr. O'Neill commented on the one Board Meeting month. Mr. O'Neill also questioned the half million dollar we should be receiving for the compost facility and that we should reduce taxes since we are receiving this money. Chairman Deon stated Mr. Pellegrino would discuss this later in the meeting.

Vincent Market - 310 E. Herron Road - Mr. Market is owner of Tru-Mark located on 984 Second Street Pike and just stated he would like to get started on this project as soon as possible.

Chairman Deon asked the Manager to explain the money Northampton is to be receiving. Mr. Pellegrino explained the Township applied for a grant in the amount of half million dollars for a Compost facility to be located on the Bryan Farm. This money cannot be used for general fund purposed and must be used for what it has been earmarked for. This compost facility could decrease our costs for the disposal of yard waste.

Consent Items:

Approval of Minutes- The minutes of the January 27, 2010 meeting were deemed approved by unanimous consent.

Accounts Payable-Mr. Rothermel presented the accounts payable of February 10, 2010 in the amount of $556,541.40 and noted the largest cost items were the Health insurance payments. Mr. Rothermel explained that Mr. Pellegrino has been directed by the Board to seek RFP's for Health Insurance. Discussion continued regarding the $10,000 spent to send out the letter regarding the Davis Pontiac Site. Discussion continued among the Board on this item. The Accounts Payable of February 10, 2010 was deemed approved by unanimous consent.

Mr. Rothermel presented the accounts payable of February 24, 2010 in the amount of $332,391.93.Mr. Rotheremel noted his standing objection with Rudolph, Clark & Pizzo and Video Gold and the $5,000 spent on the Davis Pontiac mailing. Chairman Deon noted because of Mr. Rothermel's objections he would like to call for a roll call vote. A motion (Rothermel-Cunningham) to approve the accounts payable in the amount of $332,391.93 less the Rudolph, Pizzo & Clark and Video Gold Invoice. Roll Call Vote;

Cunningham (Yes), Silver (No), Komelasky (No), Rothermel (Yes), Deon (No), Motion Failed 2-3. A motion (Silver-Komelasky) to approve the accounts payable list in the amount of $332,391.93 to include all payments. Roll Call vote; Cunningham (No), Silver (Yes), Rothermel (No), Komelasky (Yes), Deon (Yes), Motion Passed 3-2.

Public Hearings

Consider Proposed Ordinance Adopting Statewide Building Code -Chairman Deon opened the hearing; Chairman Deon stated 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. While the current statewide building code is designed to automatically replace the 2006 version with the 2009 version, our Solicitor recommends the Township adopt the new code by ordinance. A motion (Deon-Cunningham) to adopt ordinance #546 adopting the 2009 Building Code. Chairman Deon introduced Mike Solomon the Director of Codes & Zoning to answer any questions the Board may have. Mr. Solomon outlined the changes that are occurring such as sprinklers would be required on new single family homes being built. Mr. Rothermel questioned if we really needed to adopt this ordinance, the Solicitor further explained the reasoning behind adopting the ordinance. Chairman Deon called for public comment;

Bill O'Neill- 452 Rocksville Road - Mr. O'Neill stated sprinklers fail and cause damage, and the State doesn't guarantee they will help so he doesn't see the need to pass this ordinance.

Charlie Kamps - Temperance Lane - Mr. Kamps explained that legislation is being sought to have this part about sprinklers appealed. Discussion ensued and Mr. Kamps gave his thoughts on the Davis Pontiac Brochure.

Mrs. Kirk reiterated this is the state law and this ordinance is only a paper trail, changes will happen as per state law. Mr. Rothermel questioned if any exemptions would be allowed. Mr. Solomon stated no exceptions will be allowed. Mrs. Silver questioned if this item was repealed will it then be taken out of our code. Mr. Komelasky questioned if we could only adopt certain sections of the code. Ms. Kirk stated the Township follows the State Building Code.Mr. Kamps does not agree with the Township Solicitor on this matter. A motion (Silver-Rothermel) to table this matter to the March 24, 2010 meeting. Motion passed 3-2 with Komelasky and Deon voting nay.

Consider Proposed Ordinance Adopting Amendments to Chapter 130 Vehicles & Traffic -Mr. Komelasky announced 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. Also included in this ordinance are some housekeeping items, such as:

·Prohibiting U-Turns on Joanne Road and Jodie Road

·Adding a stop intersection at Chinquapin, East and West at Murray Road. PennDot has approved this modified multi-way stop intersection, and erected the signs and we are now simply adding it to our ordinance.

·Prohibiting parking on section of Bristol Road near Ivygreene development.

·Establishing a weight limit on Lower Holland Road Bridge.

Mr. Komelasky called for public comment;

Tim Snee - 619 Jacksonville Road - Questioned who sets speed limits, the State or the Township. Mr. Komelasky repied PennDot gives final approval after Township submits requests and Engineering reports.

Mr. Komelasky Called for Board Comment; Hearing None.

A motion (Komelaksy-Silver) to adopt Ordinance 546 amending the Code of the Township of Northampton, Chapter 130, Vehicles and Traffic, establishing 25 mph speed limits, prohibiting u-turns, adding stop intersections and prohibiting parking on certain township streets. Motion Passed 5-0.

Chairman Deon called for a 5 minute recess.

Liaison Reports:

Community Development/Internal Affairs - George F. Komelasky

Resolution Authorizing Act 537 Planning Module, 636 Almshouse Road- Mr. Komelasky began by noting this Resolution for Plan Revision for New Land Development and Sewage Facilities Planning Module for 636 Almshouse Road as submitted by Gilmore & Associates, Inc is the same resolution that was approved at the December meeting. Since the planning module has been reviewed again by the County Department of Health after the resolution was approved in December, the DEP needs a new resolution that is dated after the County approval. Mr. Komelasky noted nothing is changing from your previous approval. The matter is on the agenda due to the date of the resolution only. A motion (Komelasky-Cunningham) to approve resolution R-10-8 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.

Mr. Komelasky called for public comment;

Tim Snee - 619 Jacksonville Road - Questioned if this property will have to be sewered. Mr. Komelasky explained this amendment deals with holding tanks and restrictions.

Mr. Komelasky called for Board Comment; hearing non.

Motion Passed 5-0.

Proposed Investment Policy Statement- Mr. Komelasky reviewed the Proposed Investment Policy Statement (IPS) prepared as an update to the current IPS adopted in 2004. This draft was prepared after reviewing samples obtained from other communities and with input from our current Investment Consultants, Corestates Capital Advisors, and Stifel, Nicolas Investment Consultants. The IPS is the guiding documents used by our Investment Consultants and ultimately the Investment Managers (the individuals actually investing the funds) when investing Plans assets. More specifically, the asset allocation in the IPS (page 8) sets the parameters for the Investment Managers and reflects the risk tolerance of the Pension Committees and Board of Supervisors (the Plans' Trustees). As a general rule the Board of Supervisors should review and approve the IPS annually. Going forward the IPS will be a regular agenda item on each reorganization meeting agenda for your consideration. Mr. Komelasky called for Board Comment; Mr. Deon questioned if this plan is a public document. Mr. Cunningham questioned the shortfalls in our pensions. Mr. Komelasky replied the Township Actuary is checking into this. Mr. Rothermel raised concern with the determined prohibited securities. Mr. Rothermel would like derivatives put into the prohibited securities definition. A motion (Komelasky-Silver) to adopt the proposed Investment Policy Statement dated January 2010 as recommended by the Pension Plan Advisory Committees to guide the investment of the Township Pension Plan funds. A motion (Rothermel-Cunningham) to table to March 24, 2010 meeting. Motion fails 2-3 with Deon, Komelasky & Silver voting nay. Original Motion Passes 3-2 with Rothermel & Cunningham voting nay.

Consider Authorization to Advertise Ordinance Re-Stating the Non-Uniformed Employees Pension Plan- Mr. Komelasky outlined the ordinance updating the Non-Uniformed Employees Pension Plan. The original plan was effective January 3, 1967 and a re-stated Plan was adopted in May 1988. The Plan was subsequently amended in 1992, 1993, 1996, 1997 and 2000. Adopting the Plan by Ordinance will insure that any future amendments will be automatically codified as part of the General Township Code. The updated plan was prepared by our Actuarial Consultants, Mockenhaupt Benefits Group, and includes new language related to tax qualification requirements of the Internal Revenue Code for government plans, as published in IRS Notice 2008-108 as the Cumulative List of Changes in Plan Qualification Requirements, and provisions in the Economic Growth and Tax Relief Act of 2001. For example, Article XIV, Limitation on Retirement Income is required by IRS Section 415 and applies to "highly compensated employees. This language would never apply to an employee of Northampton Township. You will also see other language referencing IRS sections sprinkled throughout the document. All provisions of the current plan and subsequent amendments are incorporated in the draft document with two exceptions: A provision limiting participation in the plan to employees less than 56 years of age. This provision is not permissible under current law. A provision granting non-uniformed service year credits as police employee when a Participant becomes a member of the Police Pension Plan. A motion (Komelasky-Silver) to authorize the Township Administration to advertise a proposed ordinance adopting a re-stated non-uniformed employees pension plan as drafted by the Township Actuary and recommended by the Non-Uniformed Employees Pension Plan Advisory Committee for a public hearing on March 24, 2010. Mr. Komelasky called for Board & Public Comment; hearing none. Motion Passed 5-0.

Resolution Authorizing Records Disposal- Mr. Komelasky read a memo from Mike Solomon Director of Planning & Zoning stating as required by State Law a resolution is required to authorize destruction of records. As the file management process continues these records are no longer necessary to be maintained due to space constraints. Documents that will be referenced in the future are stored electronically or on microfilm. This resolution identifies the section from the Records Retention Manual that permits document destruction. Mr. Komelasky called for Board Comment; Mrs. Silver questioned if violations are listed on the property cards and Mr. Solomon explained that they are listed. Discussion ensued among the Board.

Chairman Deon called for a five minute recess.

A motion (Komelasky-Silver) to approve Resolution R-10-9 authorizing the destruction of records in the Code Enforcement Department. Motion Passed 4-1 with Rothermel voting nay, questioning the need to destroy document as recently as 2007.

Award Bid for Cleaning Services Contract -Mr. Komelasky reviewed the current contract held with Accu Clean since 2001. Over the years the contract has grown with the addition of new facilities and the Administration determined we should solicit bids for these services. The Township used the on-line bidding services of the PennBid System solicited services for the Adminsitration, Police, Public Works, Library, Senior Center and Recreation Center buildings. Nineteen bids were received and opened on February 3, 2010.The low bidder is Clinton James, CJ Complete Services, Philadelphia, PA. Reference checks have been conducted and Administration Representatives met with Mr. James, conducted tours of the facilities and conclude that CJ Complete Cleaning Services is a qualified bidder. Mr. Komelasky called for Board & Public Comment; hearing none. A motion (Komelasky-Cunningham) that the contract for janitorial cleaning services be awarded to CJ Complete Cleaning Services, Philadelphia, Pennsylvania, at their bid price of $61,908 in accordance with the bid specifications to be effective April 1, 2010. Motion Passed 5-0.

Mr. Komelasky announced the TMA has submitted a request for funding for the Rushbus from Warminister to Northampton, this is moving forward and will create a better job access, job commute program and would be the only public transportation Northampton Township has.

Mr. Komelasky reviewed two cases before the Zoning Hearing Board and both cases are continued to the March 22, 2010 Meeting. The cases involve Ivyland Collision in the Industrial Park located at 75 Industrial Drive and the Richboro Ritz Pet Resort located at 636 Almshouse Road.

Public Works Report - Eileen Silver -Mrs. Silver read a letter that will be published in the Bucks County Courier Times, thanking the Public Works Department, Employees and Volunteers. Northampton Township Parks & Recreation would like to thank the young men who helped clean up the debris at the park after the last storm.

Resolution Declare/Repeal Snow Emergency-. A motion (Silver-Komelasky) to declare a limited state of Emergency effective 2000 hours, (8:00 pm) February 5, 2010 and ending at 2100 hours (9:00 pm) on February 6, 2010 as outlined in the resolution. Motion Passed 5-0.

Resolution Declare/Repeal Snow Emergency -. A motion (Silver-Komelasky) to declare a limited state of Emergency effective 2000 hours, (8:00 pm) February 9, 2010 and ending at 1530 hours (3:30 pm) on February 10, 2010 as outlined in the resolution. Motion Passed 5-0.

Award Contract for Biodegradable Paper Leaf Collection Bags Bid- Mrs. Silver noted Northampton Township advertised the bids for biodegradable paper leaf bags in the Bucks County Courier Times on January 25 & January 29, 2010. After comparing the Bids it is recommended the contract be awarded to Duro Manufacturing in Florence, Kentucky.Mrs. Silver called for Board Discussion; hearing none. A motion (Silver-Komelasky) to award the contract for biodegradable paper leaf bags to Duro Manufacturing in Florence, Kentucky at their bid price of 0.326 per bag. Motion Passed 5-0.

Award Contract for Sign Materials & Post Bid -Mrs. Silver noted Northampton Township advertised the bids for Sign Materials and Posts in the Bucks County Courier Times on January 18 and January 22, 2010. A motion (Silver-Komelasky) to award the contracts for the items as follows; Sign Face Decals, Aluminum Traffic Sign Blanks, Heat Fused Thermoplastic Pavement Marking 90 mil, Delineator Post, Aluminum Post (round), Aluminum Sign Street Blanks, Extruded Heavy Duty, Finished Signs, Reflective Sheeting and Hardware to Garden State Highway Products, Inc. in Vineland, NJ.

Quik Punch Sign Posts to U.S. Municipal Supply, Inc. In Huntingdon, PA

Reflective letters and numbers to IBIS Signs in Butler, PA at their bid prices to the Bucks County Consortium. Motion Passed 5-0.

Mrs. Silver reviewed a memo from Nancy Opalka, Director of Parks & Recreation on the request for portable lights from the Council Rock United Soccer Association (CRUSA) an organization which provides the community with a soccer program. Discussion ensued among the Board on this concept.

Community Facilities- James T. Cunningham (No Report)

Community Facilities & Services -Frank Rothermel- Mr. Rothermel thanked Susan Friedman for service on the Library Board and stated there is now an opening on the Library Board. Anyone interested should send in their resume. Mr. Rothermel reviewed the pie chart that was printed in the Newsletter and discussed EIT. Mr. Rothermel questioned the Boards efforts to negotiate Bond issues. Mr. Rothermel stated the Township's debt service is high and would like an RFP to go out for bond issues to maximize tax savings.

Community & Public Services Report- Vincent J. Deon - Thanked Susan Friedman for her service on the Library Board. Also reminded Board Members anyone who has not had their NIMS Training must do so can cause problems for funding issues. Chairman Deon reviewed the grant that was received for the Compost Facility and what an asset this would be for the Township.

Chairman Deon reviewed the letter that was sent to the residents regarding the Davis Pontiac Site and how residents should use it as a reference tool and to check the website for updates. Next meeting will be held on March 9, 2010 at the Richboro Middle School to discuss this project.

Chairman Deon reminded residents on the importance of the Census. Thanked Public Works and the Sub-Contractors for their hard work during the past two storms.

Consider Extension of Yard Waste Disposal Contract- Chairman Deon outlined the agreement between the Township and Waste Management noting the Township entered into contract on April 1, 2009. The agreement provides for a contract period of one year from April 1, 2009 to March 31, 2010 with the option to extend 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 January 21, 2010 to recommend that each of its member municipalities approve a one year contract extension to expire on March 31, 2011. The current contract price for yard waste is $39.25 per ton. During the one year contract extension this cost will increase to $40.80 per ton. This increase does not impact the fee charged to Township resident s for waste collection an disposal services in 2010. A motion (Deon-Silver) to approve the contract extension with Waste Management of Pennsylvania, Inc. for the disposal of residential yard waste for a period of one year beginning April 1, 2010 through March 31, 2011 at a cost of $40.80 per ton in compliance with the bid specifications for the disposal of yard waste for the Southwest Bucks County Solid Waste Advisory Committee communities. Chairman Deon called for Board comment; Mr. Rothermel noticed the amount budgeted appeared to be incorrect, Mr. Pellegrino explained the budget. Motion Passed 5-0.

Mrs. Silver assures residents that the Board has not made decisions regarding the Davis Pontiac Site.

Mr. Komelasky announced that applications are being accepted for alternate to the Zoning Hearing Board. Discussion ensued on this matter.

Manager's Report- Mr. Pellegrino stated the Administration is monitoring the bond issues for the 1998, 2002 and 2005 series and will be bringing a proposal back to the Board.The Board directed the administration to have an RFP for the Bond issues to go out.

Chairman Deon adjourned the meeting at 10:50 pm.

Jackie Liney- Richboro - Thanked the Township on the job they did removing snow and opening the shelter.

Respectfully Submitted,

Eileen Silver, Secretary