Board of Supervisors
Tuesday, July 17 2012
A regular meeting of the Upper Southampton Township Board of Supervisors was held on Tuesday, July 17, 2012 at 7:30 PM in the Southampton Free Library, Lower Level Meeting Room, 947 Street Road, Southampton, PA 18966.
Stephen A. Wallin, Chairman
Keith E. Froggatt, Sr., Vice Chairman
Walter C. Stevens, Secretary/Treasurer
Marguerite C. Genesio, Assistant Secretary/Treasurer
Lola G. Biuckians, Member
Joseph W. Golden, Township Manager
Ann Alker, Asst. Township Manager, Finance Director
Ronald MacPherson, Chief of Police
Donald E. Williams, Township Solicitor
The meeting was called to order by Ch. Wallin at 7:30 PM. A quorum was established.
ANNOUNCEMENTS, AWARDS, CORRESPONDENCE AND REPORTS:
Ch. Wallin announced that an Executive Session was held prior to the meeting to discuss Collective Bargaining and Personnel.
Ch. Wallin called for a moment of silence in memory of Betty Haupt, a long-time Upper Southampton Township employee who passed away on June 26, 2012, and David Spadaccino, the son Louis Spadaccino, owner of Tri-State Engineers, the Township Engineering Firm, who passed away on July 15, 2012.
Chief MacPherson announced that on July 11, 2012, at the PA Chiefs of Police Conference, the Upper Southampton Township Police Department was approved by the PA Law Enforcement Accreditation Commission for accredited status. He noted that Chief Ogden, the assessment leader from Carnegie-Mellon University gave them a glowing recommendation and stated that “We should be a model for the State to show total community involvement and buy in for the accreditation process.” He stated that he, Lt. Groom and Det. Rudisill accepted their accreditation plaque at the Chiefs annual banquet. Twenty seven agencies were awarded accreditation status during the ceremony. He also stated that Upper Southampton is now one of the eighty (80) accredited police departments in Pennsylvania. The plaque will be proudly displayed in the main hallway of the police department and the accreditation emblems will be affixed to the police vehicles to serve as reminders of the outstanding effort that has been provided by each and every member of this organization. The entire board congratulated the Chief and department for a job well done.
Mr. Golden announced that Frank Sciarillo, will be retiring from his position as Public Works Director, effective January 31, 2013.
There were no community concerns.
CONSIDERATION OF APPROVING THE REGULAR MEETING MINUTES OF JUNE 19, 2012:
A MOTION WAS MADE BY MR. FROGGATT TO APPROVE THE REGULAR MEETING MINUTES OF JUNE 19, 2012; SECONDED BY MR. STEVENS; CARRIED WITH A VOTE OF 4-0-1; MS. BIUCKIANS ABSTAINED.
CONSIDERATION OF APPROVING THE JULY 17, 2012 INVOICES FOR PAYMENT:
Mr. Golden presented the Accounts Payable for July 17, 2012:
001 General Fund $ 145,882.92
002 Street Lighting Tax Fund $ 20,424.36
003 Fire Hydrant Tax Fund $ 26.82
004 Fire Protection Tax Fund $ 63,208.40
005 Parks and Recreation Fund $ 25,470.75
007 Library Tax Fund $ 128,438.57
008 Rescue Squad Tax Fund $ 9,609.12
009 Garbage and Refuse Fund $ 138,321.67
015 Park & Recreation Bond Fund $ 64,721.52
019 Capital Reserve Fund $ 9,135.60
021 General Sinking Fund $ 597.28
031 Post Retirement Benefit $ 2,412.92
032 Storm Water Capital Reserve $ 5,376.00
033 Open Space Sinking Fund $ 114.86
035 Highway Aid Fund $ 3,298.49
092 Payroll Clearing Fund $ 630.18
A MOTION WAS MADE BY MR. FROGGATT TO APPROVE THE ACCOUNTS PAYABLE FOR JULY 17, 2012 IN THE AMOUNT OF $617,669.46 AND ESCROW PAYMENTS IN THE AMOUNT OF $5,765.18; SECONDED BY MR. STEVENS; CARRIED WITH A VOTE OF 5-0-0.
Mr. Froggatt noted that the accounts payable seems high, but it is due to there being only one meeting this month.
PUBLIC HEARING AND CONSIDERATION OF ADOPTING AN ORDINANCE AMENDING THE UPPER SOUTHAMPTON TOWNSHIP ZONING ORDINANCE BY EXEMPTING ACCESSORY STRUCTURES, WITH THE EXCEPTION OF ACCESSORY BUILDINGS, USED IN CONJUNCTION WITH PUBLIC RECREATIONAL FACILITIES FROM ALL SETBACK AND HEIGHT REQUIREMENTS OF THE UNDERLYING ZONING DISTRICT AND AMENDING THE FENCE REGULATIONS FOR CORNER LOTS IN RESIDENTIAL DISTRICTS:
Mr. Williams explained the public hearing process and marked the Exhibits into record as BOS-1 the proposed Ordinance; BOS-2 the Public Notice of and request for advertisement of the hearing; BOS-3 the Affidavit acknowledging that the Public Notice was advertised in the June 25, 2012 and the July 2, 2012 editions of the Bucks County Courier Times; and BOS-4 The report from the Bucks County Planning Commission. Mr. Williams reviewed the content of the Ordinance.
A discussion was held amongst the Board regarding the ordinance and it was decided that the Ordinance needed additional review and language clarification. The Board decided that the hearing will be held at a later date.
A MOTION WAS MADE BY MR. FROGGATT TO POSTPONE THE PUBLIC HEARING AND CONSIDERATION OF ADOPTING AN ORDINANCE AMENDING THE UPPER SOUTHAMPTON TOWNSHIP ZONING ORDINANCE BY EXEMPTING ACCESSORY STRUCTURES, WITH THE EXCEPTION OF ACCESSORY BUILDINGS, USED IN CONJUNCTION WITH PUBLIC RECREATIONAL FACILITIES FROM ALL SETBACK AND HEIGHT REQUIREMENTS OF THE UNDERLYING ZONING DISTRICT AND AMENDING THE FENCE REGULATIONS FOR CORNER LOTS IN RESIDENTIAL DISTRICTS, UNTIL A LATER DATE; SECONDED BY MR. STEVENS; CARRIED WITH A VOTE OF 5-0-0.
PUBLIC HEARING AND CONSIDERATION OF ADOPTING A RESOLUTION APPROVING THE INTER-MUNICIPAL TRANSFER OF PENNSYLVANIA LIQUOR LICENSE NO. 4-8692 FROM 1457 RADCLIFFE STREET, BRISTOL BOROUGH, BUCKS COUNTY, PA TO THE PROPERTY KNOWN AS RISTORANTE ARUGULA LOCATED AT 1061 COUNTY LINE ROAD, IN THE TOWNSHIP OF UPPER SOUTHAMPTON, BUCKS COUNTY, PA:
Mr. Williams explained the public hearing process and marked the Exhibits into record as BOS-1 the cover letter and Petition of BMV Holdings, LLC from Thomas Hecker of Begley, Carlin & Mandio, LLP, requesting a hearing; BOS-2 the Public Notice and request for advertisement of the hearing; BOS-3 the Affidavit acknowledging that the Public Notice was advertised in the June 26, 2012 and the July 3, 2012 editions of the Bucks County Courier Times. Mr. Williams reviewed the content of the Resolution.
Mr. Thomas Hecker, Esq. represented the applicant, Michael Buscio (BMV Holdings, LLC.,) 590 Lower Landing Road, Townhouse #254, Blackwood, NJ, 08012.) He explained that Mr. Buscio has submitted an application for approval of an Inter-Municipal Transfer of a Restaurant Liquor License issued by the Pennsylvania Liquor Control Board. Mr. Herron noted that the applicant desires to purchase a Restaurant Liquor License for use at the Ristorante Arugula located at 1061 County Line Road, Southampton, PA. The applicant has entered into an Agreement of Sale relative to the purchase of Restaurant Liquor License No.: R-8692, currently issued to an establishment in Bristol, PA. Since the proposed transfer of the license is from one Bucks County municipality to another, in order for the petitioner to obtain the approval of the transfer of the license from the Pennsylvania Liquor Control Board, it is necessary that the petitioner obtain approval from the Upper Southampton Township Board of Supervisors. Mr. Hecker stated that the property, Ristorante Arugula, is an upscale restaurant which currently operates as a BYOB and that the approval of the liquor license transfer would help business tremendously as well as offer Upper Southampton Township residents an fine dining restaurant to enjoy a meal and cocktails.
Mr. Williams asked Mr. Buscio if the statements made by Mr. Hecker are true and correct. Mr. Buscio stated, “Yes.”
There was no further comment from the Board or community.
Ch. Wallin closed the Hearing.
A MOTION WAS MADE BY MS. GENESIO TO ADOPT RESOLUTION #2012-9 APPROVING THE INTER-MUNICIPAL TRANSFER OF PENNSYLVANIA RESTAURANT LIQUOR LICENSE NO. R-8692 FROM 1457 RADCLIFFE STREET, BRISTOL BOROUGH, BUCKS COUNTY, PA FROM TO THE PROPERTY KNOWN AS RISTORANTE ARUGULA, 1051 COUNTY LINE ROAD, LOCATED IN THE TOWNSHIP OF UPPER SOUTHAMPTON, BUCKS COUNTY, PA; SECONDED BY MR. FROGGATT; CARRIED WITH A VOTE OF 5-0-0.
CONSIDERATION OF AWARDING A CONTRACT FOR THE CONSTRUCTION OF A BOX CULVERT ON STRATHMANN DRIVE NEAR MILL CREEK ROAD:
Mr. Golden noted that Tri-State Engineers publicly opened bids at 11:00 AM on June 14, 2012 for the Strathmann Drive Culvert #2 Project. Seven (7) bids were received as follows:
1. S & H Landscaping $265,447.50
2. Land Tech Enterprises $317,700.00
3. Nyce Construction Services $319,249.84
4. Bux-Mont Excavating, Inc. $379,790.00
5. Donato Spaventa Sons, Inc. $414,252.00
6. John Feher Concrete Construction $420,970.00
7. Bencardino Excavating, Inc. $444,820.00
It was noted that Mr. Kiefer reviewed the documentation submitted with the bids and have found the documentation to be in order. He recommended that the Township award a contract to the low bidder, S & H Landscaping in the amount of $265,447.50. Mr. Kiefer noted that the project cost includes $40,160 for water main construction as requested by the Upper Southampton Municipal Authority. The Authority will reimburse the Township for this cost.
A MOTION WAS MADE BY MR. FROGGATT TO AWARD A CONTRACT FOR THE CONSTRUCTION OF A BOX CULVERT ON STRATHMANN DRIVE (NEAR MILL CREEK ROAD) TO S & H LANDSCAPING IN THE AMOUNT OF $265,447.50 AS RECOMMENDED BY TRI-STATE ENGINEERS IN THEIR LETTER DATED JULY 12, 2012; SECONDED BY MR. STEVENS; CARRIED WITH A VOTE OF 5-0-0.
Mr. Golden explained that three (3) easements were needed from property owners on Strathmann Drive to enter their properties to complete the Strathmann Drive Culvert Project. He noted that the third easement was received from Lynwood and Kathleen Vogel, 1115 Mill Creek Road, Southampton. Mr. Golden requested the Board’s approval of the agreement.
A MOTION WAS MADE BY MR. FROGGATT TO APPROVE THE AGREEMENT BETWEEN UPPER SOUTHAMPTON TOWNSHIP AND LYNWOOD AND KATHLEEN VOGEL FOR AUTHORIZATION TO ENTER THEIR PROPERTY AT 1115 MILL CREEK ROAD, SOUTHAMPTON TO COMPLETE THE STRATHMANN DRIVE CULVERT PROJECT; SECONDED BY MR. STEVENS; CARRIED WITH A VOTE OF 5-0-0.
CONSIDERATION OF AWARDING BIDS FOR THE SALE OF A TOWNSHIP VEHICLE AND EQUIPMENT:
Frank Sciarillo, Public Works Director, submitted a memorandum stating that a 1998 Ford Taurus and a 1989 Asphalt Oven were listed on Municibid, the online auction. The auction started on June 12, 2012 and ran through June 26, 2012. The starting bid for both items was $500.00. The results of the auction are as follows:
• The Ford Taurus VIN #1FAFP52S92A120759 sold for $1,951.01 to Nelson Acevedo, 31 Indian Park Road, Levittown, PA, 19057.
• The Asphalt Oven VIN #890621513000459 sold for $500.00 to Joseph Molettiere, 140 Axhandle Road, Quakertown, PA 18951.
Mr. Sciarillo recommended that the Upper Southampton Township Board of Supervisors approve the above referenced sales.
A MOTION WAS MADE BY MR. FROGGATT TO APPROVE THE SALE OF A FORD TAURUS SEDAN, VIN #1FAFP52S92A120759 IN THE AMOUNT OF $1,951.01 TO NELSON ACEVEDO, 31 INDIAN PARK ROAD, LEVITTOWN, PA 19057; SECONDED BY MR. STEVENS; CARRIED WITH A VOTE OF 5-0-0.
A MOTION WAS MADE BY MR. FROGGATT TO APPROVE THE SALE OF AN ASPHALT OVEN, VIN #890621513000459 IN THE AMOUNT OF $500.00 TO JOSEPH MOLETTIERE, 140 AXHANDLE ROAD, QUAKERTOWN, PA 18951; SECONDED BY MR. STEVENS; CARRIED WITH A VOTE OF 5-0-0.
CONSIDERATION OF APPROVING ESCROW RELEASE #2 IN THE AMOUNT OF $2,974.50 FOR DAVISVILLE CHURCH:
A MOTION WAS MADE BY MR. FROGGATT TO APPROVE ESCROW RELEASE #2 IN THE AMOUNT OF $2,974.50 FOR DAVISVILLE CHURCH AS RECOMMENDED BY TRI-STATE ENGINEERS IN THEIR LETTER DATED JULY 12, 2012; SECONDED BY MS. GENESIO; CARRIED WITH A VOTE OF 5-0-0.
Mr. Williams’ report was submitted previously. He stated that the ordinance discussed under item C on the agenda will be re-reviewed.
Mr. Froggatt wanted to make the Board aware that he was approached by Lynn Rhodes of the Inter-services Club regarding an old school bell. He noted that Mr. Rhodes stated that the club would like to have a stand built for the bell and have the bell displayed in or around the Township. Several areas were mentioned, including the Township meeting room, the Township Administration Building, Southampton Free Library, Tamanend Park, Davis School and the Fire Company. Mr. Froggatt asked the Board to consider this request.
Being no further business to come before the Board, A MOTION WAS MADE BY MR. FROGGATT TO ADJOURN AT 8:15 PM; SECONDED BY MS. GENESIO; CARRIED WITH A VOTE OF 5-0-0.