BOARD OF SUPERVISORS
The regular meeting of the Board of Supervisors of the
Board of Supervisors: Pete Stainthorpe, Chairman
Grace Godshalk, Secretary/Treasurer
Frank Fazzalore, Supervisor
Steve Santarsiero, Supervisor
Others: Jeffrey Garton, Township Solicitor
Robert Williams, Township Engineer
Kenneth Coluzzi, Chief of Police
Absent: Scott Fegley, Vice Chairman Board of Supervisors
Terry Fedorchak, Township Manager
Ms. Sue Herman asked if there was any follow-up regarding synchronization of the lights on the By-Pass. Mr. Garton suggested she contact Mr. Fedorchak tomorrow for an update.
APPROVAL OF MINTUES
Mr. Santarsiero moved, Mr. Fazzalore seconded and it was
unanimously carried to approve the Minutes of
Mrs. Godshalk moved, Mr. Fazzalore seconded and it was
unanimously carried to approve the
Mr. Fazzalore stated the Finance Director wrote a review for April and included in this was the Lindenhurst Road Grant which was received in April. He stated the liquid fuels were $606,000 compared to $586, 000 last year. Through April, 75% of the real estate taxes have been collected which is excellent. Ms. Sheridan stated the $250,000 which was received for the Lindenhurst Road Grant was in the form of a check so it is in the cash balances.
PRESENTATION OF 2004 FINANCIAL AUDIT
Ms. Sheridan was present with Mr. Edward Furman from Maille Falconeiro.
Mr. Furman stated the Audit Opinion is on pages 3 and 4. He stated this is the second year under the new format. He stated they have provided a plain, unqualified opinion. Page 5 starts the section where the Township can highlight anything significant that happened during the year and this is written by the Township staff. Mr. Fazzalore noted the net assets of the Township are over $80 million.
Mr. Furman stated the main Balance Sheet begins on Page 18, and this is the new format. He stated the Pool, the sewer system, and the new Golf Course are set up as business functions where the fees should cover the expenses. He stated the Township has a very liquid situation. He stated they are now recording fixed assets and they should watch the age of the fixed assets. He stated one area of concern is with the sewer system. He noted the strong ratio of debt to assets which results in a very strong balance sheet.
Mr. Furman noted the Profit and Loss Statement shown on Page 19. He stated the net was $943,000 positive in all the Township activities. This brings them down to the
$80 million in net assets.
Mr. Furman stated the old style Balance Sheet is shown on Page 20. He stated the General Fund balance at the end of 2004 was $1.3 million which is approximately 20% of the General Fund revenues. He stated the General Fund balance did go down $351,000 but this still left them with $1.3 million for the year.
Mr. Furman stated Page 61 is the Budget to Actual comparison.
Mr. Furman noted the Business Type Activity Funds starting on Page 26. Mr. Fazzalore stated they are contemplating that they will have to replace a lot of the sewer lines this year which could cost as much as $10 million. Mr. Furman noted the Golf Course Fund where they started depreciating the assets; and even in the first year, they show a surplus of over $57,000 which for a start-up operation is very strong. He stated they also tested the controls at the Golf Course and found that they were very strong.
Mr. Furman stated again this year the Township has a strong Balance Sheet.
Mr. Stainthorpe stated what they have just heard from the independent auditor is that the Township is in very good shape. He stated this is a well-managed Township when it comes to the fiscal side of things. Mr. Furman stated they get great assistance from
Ms. Sheridan and the Township staff.
MATRIX DISCUSSION AND MOTION TO AUTHORIZE THE SOLICITOR TO PREPARE THE NECESSARY ORDINANCE AMENDMENTS
Mr. Garton stated at the last meeting he was authorized to file an Application with the Pennsylvania Supreme Court seeking them to vacate an earlier Order and remand the case to Judge Heckler. In anticipation of that, and in order to move the process along, he is asking for authority to prepare the necessary Ordinance Amendments to effectuate this, understanding that until such time as it is signed by the parties and approved by the Judge, nothing will be effectuated. By proceeding now, they will hopefully eliminate any further delays.
Mr. Santarsiero moved and Mr. Stainthorpe seconded to authorize the Solicitor to prepare the necessary Ordinance Amendments.
Mr. Santarsiero stated this allows them to proceed so that if they reach an Agreement on the terms of the deal, they can then go forward quickly. Mr. Fazzalore stated he understands that Matrix is paying for this. Mr. Garton stated legal fees incurred by the Township are charged back to the Applicant.
Mrs. Godshalk stated she still has reservations about this. She stated she is concerned that before they have a signed Agreement in hand, she does not feel they should authorize any work to go forward on any Zoning change. She stated she feels that the Zoning they have in that area will possibly be moved somewhere else; and she does not feel anyone in the Township wants to see any other land that may be zoned Office-Research or Residential re-Zoned because the Courts indicate at some time in the future that since the Township gave a Zoning change to this land which is zoned for High Density Office/Commercial/Industrial they need to provide for it at some other location. She stated she did vote against the “Big Box” but there are other commercial uses which
would bring benefits to the Township. She is not in favor of drafting any Zoning change.
Mr. Stainthorpe stated they are not re-Zoning this land but are simply making Age-Restricted Housing an additional use in the C-3 District. He stated it will remain
C-3/Commercial; and if this project does not proceed, it could still be developed as Commercial land. He stated he does not feel there is a risk to proceed at this time.
Mrs. Godshalk stated there is a risk because if they re-Zone to allow for this use, they are taking away a use that people might say is rightfully theirs. Mr. Garton stated they are not re-Zoning the property to A-1 (Age-Restricted Housing 1) because the issue they face is that they have to provide for a variety of uses. If they provide those uses and people choose to develop the area devoted for those uses for some other use, the Township does not have the continuing obligation to provide for the other uses someplace else. He stated by making this an additional use, you preserve the viability of this particular tract as being the area zoned for all the uses enumerated. Mr. Santarsiero stated this obviates the need to look elsewhere in the Township to re-Zone. Mr. Garton stated you cannot prevent someone from filing a Curative Amendment, but you can put yourself in the best position to defend yourself. He stated the Law indicates that if you provide the uses and someone chooses to do something differently with the property, you are not penalized.
Mr. Stainthorpe stated they are not approving any Ordinance tonight - they are only allowing the Solicitor to begin the preparation. They will then take this to the Planning Commission and it will come back to the Board. Nothing will take place until the Agreement is signed. Mr. Garton stated they do have certain obligations under the Draft Agreement.
Ms. Virginia Torbert asked the status of the Agreement and
asked if it depends on
Mr. Fazzalore noted members of RAM are present who are one of the Parties to this matter. He asked for their comments. Mr. Gary Cruzan stated he feels it is complicated to talk about this at this time. He stated they did make a verbal Agreement to proceed so they do have a timetable and it is time to get on with it.
Mr. Santarsiero stated once they have a proposal in place for a written Agreement it will be public. Once this is agreed upon by all parties, they then go through the public process of all the land use approvals that ordinarily take place understanding that they are
trying to move it forward as Matrix
would like to get the project done as quickly as possible. He stated they do want to make sure there is
adequate input, and the public will be involved in this process. Mr. Santarsiero stated with respect to
Motion carried with Mrs. Godshalk opposed.
APPROVAL OF RESOLUTION NO. 2083 DESIGNATING TERRY FEDORCHAK AS AGENT FOR FEMA/PEMA RELIEF RELATING TO THE APRIL, 2005 FLOOD
Mr. Stainthorpe stated this names Mr. Fedorchak as the contact person for the Township.
Mr. Fazzalore moved and Mr. Santarsiero seconded to approve Resolution No. 2083 designating Terry Fedorchak as Agent for FEMA/PEMA relief relating to the April, 2005 flood.
Mr. Hoffmeister stated there was a meeting held by FEMA on May 5, the result of which is the document currently before the Board. There is also a meeting scheduled for
May 26 to discuss flood insurance and another for June 2 to discuss mitigation possibilities. Mr. Hoffmeister stated the State and the Feds have extended the period an additional six months to request funds.
Motion carried unanimously.
DISCUSSION OF SEWER AUTHORITY MEETING
Mr. Fazzalore stated the Sewer Authority has called for a joint meeting with the Supervisors for May 26. Mr. Hoffmeister stated it is advertised as a partial joint meeting. Mr. Fazzalore stated this relates to the need to replace sewer lines.
DISCUSSION OF GOLF COURSE IDENTIFICATION CARDS
Mr. Stainthorpe stated at the last meeting they discussed this but they did not vote that evening as they did not have real costs. These costs were included in the Board’s packet this week. He stated Mr. Fedorchak has estimated it will cost approximately $5,000 for
computer equipment and supplies. He stated he has also estimated 600 employee hours at $6,000 and materials of $1,500 to $2,000. Mr. Stainthorpe stated if they charge between $8 and $10 per card, this would cover the cost.
Mr. Fazzalore stated he is opposed to this because they are
not through the first year and if they require the golfers to do something
additional such as come to the
Mrs. Godshalk stated the cards would not be mandatory until April, 2006. The card they would get now would be good through 2007.
Mr. Stainthorpe stated he is in favor of the idea because it takes away the guesswork.
Mrs. Godshalk moved and Mr. Stainthorpe seconded to proceed with ID cards not to exceed $10 per card effective as soon as the equipment comes in. This would not be mandatory until April, 2006.
Mrs. Godshalk stated the cards would be good through 2007. After 2007, the card would be expedited with a sticker, etc. and you would not have to get your picture taken again.
Mr. Santarsiero stated while this is not a huge amount of money, he is opposed to spending money that he does not feel there is a need for. He stated when the issue first came before the Board, they were told that Kemper was not checking people when they came in and it was indicated that they should be doing this since this is their job. When they last discussed this with Mr. Draper, he indicated that while you can check, it is sometimes hectic. Mr. Santarsiero stated he did not hear anyone quantifying the problem. He would prefer to wait to see if this is in fact a problem and if there are problems identifying people as they come in and if they cannot do more to get Kemper to be on top of this so they avoid the need of adding another administrative step in the process.
Mrs. Godshalk stated at busy times it is extremely crowded
and there could be as many as sixty people checking in within one hour. This way, they would have a card which would
expedite the process. She stated there
are five different Zip Codes in
Mr. Stainthorpe stated he feels it takes away the chance of losing revenue. He noted this matter was previously discussed at length.
Mr. Zachary Rubin stated he is concerned that people will now be required to carry another card in their wallet.
Mr. Sam Conti stated previously he had asked why they could not use the Township tax records or Township mailing list and Mrs. Godshalk had indicated that there are a lot of renters in the Township. He stated he did visit four Realtors who indicated the amount of renters in the Township was between 1% to 2%. Mrs. Godshalk noted Brookstone, Cornerstone, Bellemead, and Polo Run all have many renters.
Mr. Joe Sundee stated originally he was opposed because of
the need to purchase equipment and having to take a picture. He suggested that people could submit a mailed
Application for a card and the Township could then check the address and issue
the card. He stated you would then have
to present your driver’s license to show that you are the legitimate owner of
the card. He stated this way people
would not have to come to the
Ms. Laurie Grey asked the hours that the
Mrs. Godshalk stated they had discussed having people available at other times.
Ms. Rebecca Cecchine stated having the Township do the cards
will not work. She stated she has
software and files that she has offered to the Township at no cost and would
suggest that they try using her files.
She stated she would be willing to set up books by street. She stated she also gets all the new people
who move into the Township and she would provide this at no cost to the
Township. She suggested that they try it
her way and if it does not work, they could try something else. She stated the residents of
Motion did not carry as Mr. Godshalk and Mr. Stainthorpe were in favor and
Mr. Fazzalore and Mr. Santarsiero were opposed.
AWARD BID FOR WOODSIDE ROAD CULVERT REPLACEMENT
Mr. Williams reviewed the bids which were received. He stated FEMA did require them to have a stone façade. They have asked FEMA if they are going to reimburse the Township for this since they are requiring it, but they have not heard back from them.
Mr. Majewski recommended that they proceed with the upgrade of the materials.
Mr. Fazzalore noted this is a non-Budget item. Mr. Williams stated if they went with a steel pipe it would bring the cost down to $168,875.50. Mrs. Godshalk asked if they can put the stone face on this, and Mr. Majewski stated he feels they can. Mr. Garton asked how they can award the bid if they do not know who will pay for the stone face.
Mr. Majewski stated he did speak to someone at FEMA to see if they would reimburse the Township and they indicated they would look into it and get back to them.
Mr. Majewski stated Mr. Fedorchak has been in contact with different members of PEMA and FEMA about reimbursement of the culvert due to Hurricane Ivan and they preliminarily committed to approximately $150,000 for this replacement. There was another project that had been budgeted for this year (drainage improvements for Makefield Manor) which they are putting on hold until this matter gets resolved.
Mr. Fazzalore stated the Makefield Manor area is a heavy flood area and he is concerned with the impact of postponing that project. Mr. Majewski stated he agrees that the residents in that area may be disappointed, and they would definitely have to put this on the Agenda for next year. If they get sufficient funding from FEMA or PEMA, he feels they could still accomplish that project this year as well. Mr. Majewski stated if they do not go with the stone face, they would not get the $150,000 from FEMA. Mr. Garton stated it appears they will have to put on the stone face. Mr. Fazzalore asked if FEMA will still pay the $150,000 if they are replacing it with something different than what was there previously. Mr. Majewski stated they will not pay the $20,000 difference between the concrete culvert and the steel pipe. He stated steel pipe typically lasts fifty years. The existing one lasted forty to fifty years. He stated a concrete culvert will last approximately one hundred years.
Mr. Santarsiero moved and Mr. Stainthorpe seconded to award the bid for Woodside Road Culvert Replacement with the concrete option to Nimaris Construction, L.P. in the amount of $189,150.50. Motion carried with Mr. Fazzalore opposed.
SIGNING OF MYLARS FOR BOXWOOD FARM AND TROILO TRACT MINOR SUBDIVISION
Mylars for Boxwood Farm and Troilo Tract Minor Subdivision were signed following the meeting.
ZONING HEARING BOARD MATTERS
It was agreed to leave to the Zoning Hearing Board the Ken
and Karen Rebert,
It was agreed to leave to the Zoning Hearing Board the
Michael and Tammy Boucher,
It was agreed to leave to the Zoning Hearing Board the Gary
O’Connor, Architect, Variance request for the property at
Mr. Stainthorpe reminded the Board that they received a draft of the Newsletter and he asked that they review this and provide any comments to Ms. Langtry by Friday.
Mr. Santarsiero stated the Southeastern Bucks League of
Municipalities will meet on May 31 at
APPROVAL OF RESOLUTION NO. 2084 AMENDING RESOLUTION NO. 2077
Mr. Garton stated that the Board previously extended an opportunity to the employees to waive benefits in exchange for receiving a stipend and they subsequently received a letter from the PBA suggesting that this was inappropriate and they want to negotiate that issue. Mr. Garton stated the prior Motion should be amended.
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to Approve Resolution No. 2084, Amending Resolution No. 2077 that the previous Motion be amended so that the Police Rank and File be eliminated from the list of persons eligible.
Mr. Fazzalore noted the letter from
Mr. Fazzalore moved and Mrs. Godshalk seconded to re-appoint Allyson Kliefoth and James Frawley to the Emergency Management Board.
Mr. Santarsiero stated he feels these should be held in public and when there are
re-appointments, it should be opened up to the public.
Motion carried unanimously.
Mr. Fazzalore stated both the Sewer Authority and Cable TV Board have had vacancies and they have had a hard time getting people to apply.
There being no further business, Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried to adjourn the meeting at
Grace Godshalk, Secretary