Newtown Township

Board of Supervisors

Minutes of January 6, 2014

The Newtown Township Board of Supervisors met on January 6, 2014 in the Township meeting room at 7:30 PM. In attendance and voting were Supervisors: Jennifer Dix, Ryan Gallagher, Phillip Calabro and Michael Gallagher. Supervisor Matthew Benchener participated in the meeting via Face Time, as he was out of the country. Also present were: Kurt Ferguson, Township Manager and Jeffrey Garton, Township Solicitor.

Call to Order : Michael Gallagher called the organizational meeting to order at 7:30 PM with a moment of silence and an invocation by Leah Miller of Anchor Presbyterian Chruch/ This was followed by the Pledge of Allegiance.

Administration of Oaths of Office: Judge Donald Nasshorn was in attendance to administer the oaths of office to newly elected Township Officials:

Jennifer Dix and Michael Gallagher were sworn in as Supervisors.

Tammy Sutton was sworn in as Tax Collector.

Richard Weaver was sworn in as Elected Auditor.

Organization of the Board of Supervisors

Motion: Mr. R. Gallagher Second: Mr. Benchener

Vote: 3-2, with Mr. Calabro and Mrs. Dix voting nay

Motion: Mr. M. Gallagher Second: Mr. Benchener

Vote: 3-2, with Mr. Calabro and Ms. Dix voting nay.

Motion: Mr. M. Gallagher Second: Mr. R. Gallagher

Vote: 4-1, with Mr. Calabro voting nay

APPOINTMENTS

REPORTING DIRECTLY TO THE BOARD OF SUPERVISORS TO SERVE THE TOWNSHIP WITH COMPENSATION FOR 2014

Motion: R. Gallagher Second: Mr. Benchener

Vote: 5-0

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

Motion: Mr. R. Gallagher Second: Mr. Benchener

Vote: 3-2, with Mr. Calabro and Mrs. Dix voting nay

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

INDIVIDUALS SERVING WITH COMPENSATION

Motion to affirm the appointment ofBrandon Wind (2014) Timothy Potero (2015), Michael Iapalucci (2016) and Karen Doorley (2017), and to appoint John Lenihan (2018)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: Fails 2-3, with Mr. Benchener, Mr. Calabro and Mrs. Dix voting nay

Zoning Hearing Board (5 Year Terms)

Motion to affirm the appointment ofBrandon Wind (2014) Timothy Potero (2015), Michael Iapalucci (2016) and Karen Doorley (2017), and to appoint Shawn Ward (2018)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

REPORTING TO THE TOWNSHIP MANAGER TO SERVE WITH COMPENSATION FOR 2014

a. Traffic Engineers

Motion to appoint Gilmore and Associates as Township Traffic Engineers with appropriate authority to attend Board, Commission and Committee meetings

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 3-2, with Mr. Calabro and Mrs. Dix voting nay

b. Civil Engineers

Motion to appoint CKS Engineering as Township Civil Engineer, General and Environmental Engineer and Lighting Consultant with appropriate authority to attend Board, Commission and Committee meetings

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 3-2, with Mr. Calabro and Mrs. Dix voting nay

c. Geographic Information Systems (GIS) Engineers

Motion to appoint Gilmore and Associates as Township Engineers for GIS services

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 3-2, with Mr. Calabro and Mrs. Dix voting nay

d. Labor Solicitors

Motion to appoint the law firm of Susanin, Widman, and Brennanas Township Labor Attorneys

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-1, with Mr. Benchener voting nay

e. Building Inspectors

Motion to appoint Boucher and Jamesas Township Building Inspectors

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

f. Pension Actuary

Motion to appoint Mockenhaupt Associates as Township Actuaries

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-1, with Mr. Calabro voting nay

g. Pension Investment Advisor

Motion to appoint the firm of Dahab Associatesas Township Pension Investment Advisor

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-0-1, with Mr. Benchener abstaining

Mr. Calabro asked the reason for Mr. Benchener’s abstention.

Mr. Benchener explained that he is employed in the pension industry and is concerned about possible conflict.

Mr. Calabro asked whether this means that Mr. Benchener cannot participate in any votes on financial matters.

Mr. Garton explained that Mr. Benchener must provide a reason and he has cited his employment with Vanguard, a competitor of Dehab Associates in the pension investment business. Mr. Benchener can participate in votes where Vanguard is not a competitor for service. To compel Mr. Benchener to vote would require a court order.

h. Insurance Brokers or Carriers

Motion to affirm H.A. Thompson, The Hartford., Delaware Valley Workers Compensation Trust, Delaware Valley Insurance Trust, Delaware Valley Health Insurance Trust and ADP Services as brokers or carriers of Township Insurance and employee benefits

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-0-1, with Mr. Benchener abstaining

i. Township Planners

Motion to appoint Boucher & James as Township Planners

Motion: Mr. R. Gallagher Second:Mr. M. Gallagher

Vote: 4-0 (Mr. Benchener’s connection was severed at this point.)

Motion to designate First National Bank of Newtown, T.D. Bank, Invest of Pennsylvania, Pennsylvania Local Government Investment Trust (PLGIT), Wells Fargo, N.A., Third Federal Bank, First Federal of Bucks County, First Priority Bank as Township Depositories

(Mr. Benchener was reconnected at this point)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-1, with Mr. Calabro voting nay

Motion to appoint Keystone Collections Group as EIT, LST Distribution Tax Collectors and Tax Hearing Officer

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-1, with Mr. Calabro voting nay

l. Video Production

Motion to appoint Video Gold for 2014

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

m. Emergency Management Coordinator

Motion to appoint Glenn Forsyth as emergency management coordinator Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

n. Fire Code Official

Motion to appoint Glenn Forsyth as fire code official

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

BOARDS AND COMMISSIONS

INDIVIDUALS SERVING WITHOUT COMPENSATION

Motion to appoint Kurt M. Ferguson as the Township representative

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

Motion to appoint Patricia Bachtle for a term ending December 31, 2014

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 3-2, with Mr. Calabro and Mrs. Dix voting nay

Motion to affirm the appointment of Allen Fidler (2014), Larry Galley (2014), Dennis Fisher (2014), Peggy Driscoll (2015) and Paul Cohen (2015), Craig Deutsch (2016), Robert Whartenby (2016) and David Domzalski (2016) and to appoint Kyle Davis (2017)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 3-2, with Mr. Calabro and Mrs. Dix voting nay

Motion to affirm the appointment of Mark McMenamin (2014), Susan Sutton (2014) and Brendan McQuillan (2014), Andrew Levine (2015) and Kathy Kelly (2015), and to appoint Mark Joseph(2015), Joel Grosso(2016), Denis D’Arcy (2016),Catherine Anne Porter( 2016)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

Motion toaffirm the appointment of Craig Deutsch (2014), Jeannette Rogers (2015) and Lisa Ray (2016), and to appoint William Mahler (2017)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

Motion to affirm the appointment of Boucher and James (Building Inspector), Mike Crane (2014), Harriet Beckert (2014), Joseph McKernan (2015), William Mahler (2016), Peggy Driscoll (2015) as Planning Commission Liaison, and to appoint Doug Terry (2017)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 3-2, with Mr. Calabro and Mrs. Dix voting nay

h. Traffic Impact Fee Advisory Committee (Appointed Yearly)

Motion to appoint Kurt M. Ferguson (2014),

Michael Gallagher (2014), Matthew Benchener (2014), Ryan W. Gallagher (2014), Phillip Calabro (2014), Jennifer Dix (2014), and Brandon Wind (2014)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

i. Newtown Joint Municipal Sewer Authority Board (5 Year Term)

Motion to affirm the appointment of Peter Beckschi (2014), and Allen Fidler (2015), and Louis Schiller (2017)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

j. Environmental Advisory Council (3 Year Term)

Motion to affirm the appointment of Pamela Fitzpatrick (2014), Steven Jenks (2014) Autumn Thomas (2015), and to appoint Amie Easterly( 2014), Shannon Escalante (2016), Steven Bacher (2016), ____________________(2016)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

k. Financial Planning Committee (3-Year Terms) – 7 member committee

Motion to appoint Treasurer Kurt M. Ferguson, and toreaffirm the appointment of Warren Dallas (2014), Stu Kaplan (2014), Rick Fuerman (2015), and to appoint Kathleen Meier Ritz (2014), Jay Sensibaugh (2015), Chip Bromley(2016) ____________________ (2016)

Motion: Second:

Vote:

This appointment was not acted upon.

l. Newtown Corporation (4 Year Term) – Board of Supervisors

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-1, with Mr. Calabro voting nay

m. Joint Traffic Committee (3 Year Term)

Motion to reaffirm the appointment of Timothy Szwedo (2014) and and to appoint Sharon Cox (2014) and ______________ (2015), ______________ (2016)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

n.Newtown Traffic Committee (3 Year Term)

Mr. R. Gallagher moved to table appointments to the Newtown Traffic Committee. Mr. M. Gallagher seconded and the motion passed 5-0.

o. Technology Committee (3 Year Term)

Motion to affirm the appointment ofEd Lipski (2014), Kyle Davis (2014) and Prasad Ramnath (2014), Alex Kasyanov (2015) and Bob Penland (2015), and to appoint Dan Paramesh (2016) and Jonathan Schnell (2016)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-1, with Mr. Calabro voting nay

p. Building Code Board of Appeals (3 Year Term)

Motion to affirm the appointment of Michael Hutchinson (2015) and

Richard Walker (2015) as alternate, and to appoint Bradley Longoski (2016)

and _______________ (2016)

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

q. Tax Collection Management Committee

Motion to appoint Michael Gallagher as Tax Collection Committee Delegate

and Philip Calabro as alternate

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

ORDINANCES AND RESOLUTIONS

Set Bond Amounts for Township Officers

Resolution 2014-R-1 to set bond amounts for Township Officers for 2014

Treasurer $3,000,000.00

Mr. Garton explained that the amount is only recommended by the Supervisors.

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

Resolution Adopting Act 153 Exemptions

Resolution 2014-R-2 certifying properties that qualify for tax increase exemptions under PA Act 153

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

Resolution Re-Affirming The Administrative Conditional Use Procedure

Resolution 2014-R-3 reaffirming resolution 2007-R-10 establishing an Administrative Conditional Use procedure

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

Re-affirm Resolution 2011-R-7 Establishing Township's Pension Plan

Motion to Re-affirm 2011-R-7 establishing the Township's Pension Plan Investment Policy

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-0-1, with Mr. Benchener abstaining

Resolution 2014-R-5 to Provide Funding for the Newtown Ambulance

Corporation

Resolution that twenty-five (25%) percent of the collections received in 2013 from the Local Services Tax imposed for 2014 shall be remitted to the Newtown Ambulance Corporation

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Discussion of motion: Resident Jay Sensibaugh questioned the necessity to fund the Newtown Ambulance Corporation at this current rate, when the Ambulance, as a non-profit, can raise its own funds and generate revenues. He asked whether the Board has done due diligence on funding this organization.

Mr. M. Gallagher said that he sees significant need in the community for the services provided by the Ambulance Corporation. The Board had felt this is an essential service and he favors continued support.

Mr. Sensibaugh said that the Ambulance Squad has had some employment issues and he would like to be sure that all concerns have been addressed before the Board continues its funding.

Mr. M. Gallagher said that the amount the Ambulance Squad collects is a portion of the Local Services Tax, paid by those working in the Township who might need the services. The LST is collected specifically to provide a funding stream for local services. The Township has a very good relationship with the Ambulance squad, meeting annually to review finances and at the time of the employee difficulties, members of the squad came immediately to the Supervisors to discuss and resolve the incident.

Vote: 3-2, with Mr. Calabro and Mrs. Dix voting nay

2014 Board of Supervisors Meeting Dates (Appendix A)

Motion to set meeting dates for Board of Supervisors for 2014

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

Procedure Directing The Presentation of Proclamations

Motion authorizing the Chairman after polling the Board, to have the Chairman sign and the Manager attest to proclamations honoring citizens and others for worthy deeds and activities

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-1, with Mr. Calabro voting nay

Tax Ordinances and Resolutions

Motion to continue all 2013 Tax Ordinances and Resolutions in force pursuant to Section 4 of the Local Tax Enabling Act for 2014

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

IRS Mileage Reimbursement for 2014

Motion to approve the 2014 IRS mileage Reimbursement of 56 cents per mile for business miles driven

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

STANDING, NON-STATUTORY COMMITTEES AUTHORIZED BY THE ADMINISTRATIVE CODE

Motion to appoint Kurt M. Ferguson, and to affirm the Appointments of Joseph Martindell (CWA Firefighter representative), Frank Ambrose (PBA representative), and John Elhman (CWA Non-Uniformed Employees representative) for 2014

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 4-0-1, with Mr. Benchener abstaining

Motion to appoint Kurt Ferguson, Glenn Forsyth and to affirm the PBA appointment of Jason Harris and the CWA appointments of Joseph Martindell and Timothy Shaw for 2014

Motion: Mr. R. Gallagher Second: Mr. M. Gallagher

Vote: 5-0

Mr. Benchener left the meeting and his electronic connection was severed.

Mr. M. Gallagher announced that the Board had met in executive session to discuss matters of personnel prior to the meeting, but did not have time to review the various liaison duties of the supervisors. This would be addressed at a later meeting.

Public Comment

State Representative Steve Santarsiero congratulated Mrs. Dix and Mr. Gallagher on their election to the Board and commended them on their willingness to serve the community. He wished them much success in what is a most important and rewarding job, representing the people in local government. As supervisors, they play a crucial role in the lives of their constituents.

Resident Mick Petrucci congratulated Mrs. Dix and Mr. Gallagher and wished them much success. The Township is facing some tough times and he is confident this Board will keep the Township on the right track. As president of Newtown Business Association, he said that the business community is thriving and he urged all to continue to support local business and “shop local.”

The meeting adjourned at 8:40 PM.

 

Respectfully Submitted:

Mary Donaldson, Recording Secretary

 

Attest:

Kurt Ferguson, Township Manager


Michael Gallagher, Chairman

Ryan W. Gallagher, Esq., Vice-Chairman

Matthew Benchener, Secretary/Treasurer

Philip Calabro, Member

Jennifer Dix, Member