Board of Supervisors

Monday, February 01 2010

MIDDLETOWN TOWNSHIP

BOARD OF SUPERVISORS

REGULAR MEETING

FEBRUARY 1, 2010

PRESENT

THOMAS GALLAGHER, CHAIRPERSON}

PAT MALLON, VICE CHAIRPERSON}

H. GEORGE LEONHAUSER, SECRETARY} BOARD OF SUPERVISORS

DREW KREILING}

ROBERT G. MCMONAGLE}

RAYMOND STEPNOSKI, TOWNSHIP MANAGER

JOSEPH PIZZO, ESQ., TOWNSHIP SOLICITOR

PATRICK DUFFY, P.E., TOWNSHIP ENGINEER

EXECUTIVE SESSION (6:30 P.M.) - LEGAL MATTERS

1.CALL TO ORDER, PLEDGE OF ALLEGIANCE, AND ROLL CALL.

Mr. Gallagher called the meeting to order at 7:30 p.m.After the pledge of allegiance Mr. Leonhauser called the roll.All Supervisors were in attendance along with 20 interested citizens.

2.ANNOUNCEMENTS, CORRESPONDENCE, AWARDS AND REPORTS.

Mr. Gallagher announced that prior to tonight's public meeting the Board met in Executive Session to discuss legal matters

The next Board of Supervisors Meeting -TUESDAY, FEBRUARY 16, 2010 @7:30 P.M.

3.PUBLIC COMMENT.NON-AGENDA ITEMS ONLY. (MAXIMUM 30 MINUTES)

Andy Warren, Shady Brook Drive, Langhorne pointed out that Item #11 should be recess to Executive Session and not adjourn to Executive Session.

Joe Geonnotti, 14 Red Berry Road, Levittown asked for clarification on the issue of the proposed $1 million insurance coverage.Mr. Geonnotti asked what the $1 million policy is for.Mr. Gallagher explained that it would cover un-insured and underinsured motorists and more detail will be explained when this item comes up later in the meeting.

4.CONSENT AGENDA ITEMS.

A.CONSIDERATION OF AUTHORIZING PAYMENT OF BILL LISTS #1-7 DATED JANUARY 20, 2010, #1-8 DATED JANUARY 25, 2010 AND #2-1 DATED FEBRUARY 1, 2010.

B.CONSIDERATION OF APPROVING THE NOVEMBER 24, 2009, DECEMBER 8, 2009, JANUARY 4, 2010 AND JANUARY 19, 2010 MINUTES OF THE PUBLIC MEETINGS OF THE MIDDLETOWN TOWNSHIP BOARD OF SUPERVISORS.

C.CONSIDERATION OF WAIVING LAND DEVELOPMENT FOR PENNDEL MIDDLETOWN EMERGENCY SQUAD RENOVATION PROJECT, OLD LINCOLN HIGHWAY.

Mr. McMonagle asked with regard to Item 4. C is land development being waived or just the fees associated with it.Mr. Stepnoski said that land development would be waived as this could be handled with a grading and building permit.

ACTION:MR. LEONHAUSER MADE A MOTION, SECONDED BY MR. KREILING TO APPROVE CONSENT AGENDA ITEMS A - C AS LISTED ABOVE.

Mr. Gallagher inquired if the current Board can approve the minutes listed in the consent since they were not Board members for the November 24^th and December 8^th meetings.Mr. Pizzo stated the Board is permitted to approve the minutes as this is not an uncommon situation.There is precedent available for a new Board coming in and approving minutes from the prior year.

MOTION CARRIED UNANIMOUSLY.

5.CONSIDERATION OF K & S GREENDAY PRELIMINARY/FINAL LAND DEVELOPMENT PLAN, SITUATE AT 1060 ROBERT SUGARMAN BOULEVARD (FORMERLY BIG OAK ROAD), IN THE M-1 ZONING DISTRICT, S/LD #08-02.(REVIEW PERIOD EXPIRES MARCH 1, 2010.)

Thomas Hecker, Esq., represented the applicant K & S Greenday who purchased the property in 2007 and has received ZHB approval to reconstruct the building that was destroyed by fire.The applicant wants to repave the property even though the impervious surface ratio will be reduced by the proposed project, it still involves paving areas not previously paved, thus the need for the land development application.

In addition to the paving, the project also involves the construction of a retaining wall along Big Oak Road.The retaining wall was needed to stabilize the embankment where there is a significant grade from Big Oak Road toward the current parking lot.The Bucks County Conservation District insisted on the installation of the retaining wall.The project also involves some structures that would allow the applicant to maintain a fuel pump and a water tank at this location.

An issue that needs resolved is the lighting at the entrance drive to the site off of Big Oak Road.Mr. Hecker said that after researching this issue, it was determined the matter was previously raised and it was agreed that there is an existing utility pole at the entrance to the facility and that a light would be added to the utility pole to brighten the driveway for purposes of safe access.

Mr. Stepnoski stated that the Township's Environmental Advisory Council brought up the idea of spill containment and asked if anything has been done in that regard.

Kurt Rittler, Engineer for the project said under the current plan there will be a paved island where the storage tanks are to be located.The paved island will have a curb and containment will meet the requirements of whatever other agency approvals are needed to install the tanks.

WAIVERS

§410.2-To not require any road widening, curbs or sidewalks along Township Line Road.There would not be any road widening in front of the proposed site because of the width constraint of the bridge over I-95.

§417.3-To allow the planting of street trees less than five (5) feet behind the ultimate right of way line.Currently there is an 80 foot right of way on Big Oak Road.The ultimate right of way is one hundred (100) feet.The current cartway to the site is approximately twenty-one (21) feet; however, the property almost immediately begins to slope off and in some cases is steeper than a one to one slope right after the guiderail that is currently at the site.

§421.5D-To allow parking to be five (5) feet from the building.A fifteen (15) foot setback is required.On the north side of the existing building there are six (6) spaces including the handicap spaces which are four (4) foot off the building due to existing site constraints and building location.

§421.5.H-To allow parking to be six (6) feet from the ultimate right of way.A fifteen (15) foot setback is required.Mr. Rittler stated there is a row of parking spaces at the base of the slope adjacent to Big Oak Road which is the existing edge of the paved area.The applicant will not encroach any closer, and wants to pave this area and stripe it for parking.

§421.5.R-To allow parking to be six (6) feet from the ultimate right of way.A thirty (30) foot setback is required.

§419.1 -To not require sidewalks along Township Line Road, with a fee in lieu of sidewalks being assessed.If the waiver is not granted, 426 linear feet of sidewalk will be required.

§303.4.G.3-To not require a traffic study.

§417.3-is the same as the waiver listed above, except the set back is from the existing right of way and not the ultimate right of way for street trees.

Mr. Gallagher inquired if the applicant is in agreement with the Township Fire Marshal comments and requirements; Township Engineer letter dated November 10, 2009; Township Zoning Officer comments dated August 25, 2009 and the Township Lighting Consultant comments of April 22, 2009 and the submission of the Traffic Impact Fee in the amount of $13,145.90.Mr. Hecker said the applicant is in agreement with all the letters mentioned and also the submission of the Traffic Impact Fee as that is required by ordinance.

Eric Konyves, owner/applicant explained that this is not a retail operation and they may only have clients come in occasionally to view a design, other than that it is simply employees coming in to get their assignments for the day and returning at the end of the day.

Mr. Pizzo requested that a note be put on the final plan that the pumps on the site will not be used for retail sales.Another issue that will be changed on the mylars is the fact that Big Oak Road has been changed to Robert Sugarman Boulevard.

Mr. McMonagle pointed out that the Board needs to provide a consensus on the waivers listed above.He stated that he would not be in favor of the waiver of the sidewalks or the fee in lieu of sidewalks.

It was the consensus of the Board to grant the waivers as stated above with Mr. McMonagle opposed to the waiver of the installation of sidewalks.

ACTION:MR. GALLAGHER MOTIONED, SECONDED BY MR. KREILINGTO APPROVE PRELIMINARY/FINAL PLAN OF LAND DEVELOPMENT FOR K & S GREENDAY SITUATE AT 1060 ROBERT SUGARMAN BOULEVARD (FORMERLY BIG OAK ROAD), IN THE M-1 ZONING DISTRICT, S/LD #08-02; GRANTING ALL WAIVERS AS STATED ABOVE WITH THE APPLICANT PAYING A FEE IN LIEU OF SIDEWALKS WITH THE AMOUNT DETERMINED BY THE TOWNSHIP ENGINEER, APPLICANT TO PAY THE TRAFFIC IMPACT FEE IN THE AMOUNT OF $13,145.90AND A NOTATION ON THE PLAN STATING THE PUMPS WILL NOT BE USED FOR RETAIL SALES.MOTION CARRIED BY A VOTE OF 4-0-1 WITH MR. LEONHAUSER ABSTAINING.(CONFLICT OF INTEREST FORM ATTACHED.)

6.CONSIDERATION OF THE COMMUNITY BAPTIST CHURCH PRELIMINARY PLAN OF LAND DEVELOPMENT, LOCATED AT 2100 DURHAM ROAD, IN THE R-1 ZONING DISTRICT, TMP #22-059-001, S/LD #08-11.(REVIEW PERIOD EXPIRES MARCH 4, 2010.)

Chris Stewart, Esq. representative for the Community Baptist Church, along with Pastor Joseph Wright, Tony Lucas and Dill Wright and the applicant's engineers Phil Carpanona and Mack McCallum were all in attendance.Mr. Stewart advised the applicant is the owner of 2100 Durham Road and the proposed church will be built in three phases.Phase 1 to begin immediately, Phase 2 hopefully within three (3) years and Phase 3 prior to the expiration of five (5) years.The church being a non-profit organization will have to acquire the funds in order to go through with the phases.

WAIVERS

§421.5.B, 421.8 -Requirement of parking area trees.There will be raised parking islands which will include the parking lot lighting and the trees would hinder the lights.

Mr. Carpanona said in lieu of planting the trees on the raised planting beds, the applicant will provide trees on the perimeter on the outside of the parking area as well as shade trees along the property lines in order to protect the adjoining property owners.

It was the consensus of the Board to grant this waiver.

§428-Transportation Impact Fee.The Community Baptist Church is a non-profit organization and the Transportation Impact Fee would be a substantial financial burden to the church.The Middletown Township Planning Commission recommended waiving the Traffic Impact Fee.The Township Zoning Officer recommends charging the fee of $5,202.34.

It was the consensus of the Board to grant the waiver of the Traffic Impact Fee.

§507-Requirement of street lighting.The applicant is proposing street lights at the entrance to the site only which is consistent with the layout of Durham Road.

It was the consensus of the Board to grant this wavier.

§421-Raised planting bed.Specifically this traffic island would be constructed during Phase 3 and is on the back half of the construction in Phase 3.The proposed plan was developed for the maximum number of parking spaces and the minimum amount of impervious surface coverage.

There are several other items that were addressed by the Township Engineer as follows:A highway occupancy permit. The applicant has applied with PennDOT for that and has received preliminary approval but has not received final approval or a permit to date.Once that is received, it would be forwarded to the Township.

The applicant proposes the installation of a sidewalk, but it terminates before the end of the applicants property.The purpose for that is the grading.For the applicant to build the sidewalk to the end of the proposed development it would have to change the grading and affect the adjoining owner.The applicant proposes if the adjoining landowner installs a sidewalk the applicant would extend the sidewalk to meet up with the adjoining landowner.Mr. Stepnoski required that a note be put on the recorded plan to that affect.

It was the consensus of the Board to grant the waiver of the sidewalk with the applicant agreeing to put a note on the plan to be recorded that the applicant would extend the sidewalk to meet the adjoining landowner.

A letter from the Township Fire Marshall indicates that the applicant has been in contact with their office regarding the fire hydrants and it is a will comply.The phasing plan is to do it in three phases with the applicant understanding that if it is not completed within five (5) years, they will have to resubmit for approval.

Mr. Stepnoski stated that it is not so much a resubmission as much as it is the compliance with any changes in the Zoning and/or Subdivision and Land Development Ordinance within five (5) years that the applicant must adhere to.Mr. Stewart stated that the applicant would agree to do so.

Mr. Gallagher stated the Township Planning Commission seems to have disagreed with some of the Zoning Officer's recommendations.Requiring raised planting beds with one shade tree for every twelve (12) spaces with the installation of a light pole.

Mr. Stewart requested the applicant receive preliminary and final plan approval.

Mr. Duffy stated he does not have a problem with preliminary/final plan approval as the applicant would have to resubmit the plans with the notation about the future extension of the sidewalk along with meeting all requirements as stated.

ACTION:MR. GALLAGHER MADE A MOTION, SECONDED BY MR. MCMONAGLE FOR PRELIMINARY/FINAL PLAN OF LAND DEVELOPMENT FOR THE COMMUNITY BAPTIST CHURCH LOCATED AT 2100 DURHAM ROAD, IN THE R-1 ZONING DISTRICT, TMP #22-059-001, S/LD #08-11 SUBJECT TO ALL WAIVERS LISTED ABOVE.MOTION CARRIED UNANIMOUSLY.

7.CONSIDERATION OF APPOINTING MERCADIEN, P.C. AS AUDITOR FOR THE TOWNSHIP IN AN AMOUNT NOT TO EXCEED $40,000.00 OR AUTHORIZATION TO ADVERTISE RFP FOR AUDITING SERVICES.

Mr. Stepnoski advised that Mercadien performed the audit last year for the Township for a sum of $50,000.00 and was a laborious process as the Township had gone through Finance Directors.The proposed amount for the audit of the Township's books this year is $40,000.00.

ACTION:MR. MCMONAGLE MADE A MOTION, SECONDED BY MR. MALLON TO APPOINT MERCADIEN, P.C. AS AUDITOR FOR THE TOWNSHIP IN AN AMOUNT NOT TO EXCEED $40,000.00.

Mr. Gallagher asked what has been budgeted for the audit.Mr. Stepnoski advised that $50,000.00 has been budgeted for the audit.

MOTION CARRIED UNANIMOUSLY.

8.CONSIDERATION OF APPROVING AN APPROPRIATION OF $30,000.00 TO MAA FOR FIELD UPGRADES AT TWIN OAKS PARK.

Robert Butts, Treasurer of the Middletown Athletic Association (MAA), which is located at Trenton and Woodbourne Roads in Levittown.Mr. Butts thanked Debby Lamanna, Director of Parks & Recreation along with her staff for their continued support of MAA's program and what they are trying to do for the children in Middletown.MAA provides sporting activities for approximately 1,000 children ages 5 thru 23 living in Middletown Township.Activities include baseball, softball, soccer and hockey.

Mr. Butts stated that in 2010 MAA was awarded the Pennsylvania State 15 year old Babe Ruth Championships.This event will bring approximately 10 teams from across the state of Pennsylvania to Middletown Township in late July.An estimate of $50,000.00 in revenues will be brought to local Township business in Middletown Township, including room rentals, meals and entertainment dollars for the players and their families at local establishments.

Bucks County has been approached and they have agreed to spend about $25,000.00 to improve the fields that are owned by the County on which MAA also plays.Those fields are located at Oxford Valley and Woodbourne Roads.The Township provides approximately $10,000.00 in materials and improvements to Twin Oaks Park and MAA is requesting an additional $20,000.00 to speed up some of the improvements that are more capital intensive.This money would be spent as follows:$15,000.00 in fencing improvements and $10,000.00 in infield mix and warning track stone to improve the capabilities to play on the fields and another $5,000.00 for miscellaneous repairs and improvements for fields, buildings and practice facilities at MAA.

Mr. McMonagle asked if repairs to the fencing and dugout were recently completed by the Township.Mr. Butts said last year there was a $6,000.00 expenditure on one section of fence on the Babe Ruth Field, which only covered from the left field corner to center field.

ACTION:MR. MALLON MADE A MOTION, SECONDED BY MR. LEONHAUSER TO APPROVE AN APPROPRIATION OF $30,000.00 TO MAA FOR FIELD UPGRADES AT TWIN OAKS PARK.

Mr. McMonagle asked where the funds would come from.

Debby Lamanna, Director of Parks & Recreation, stated this is a request that is coming from MAA.The Parks & Recreation fund as currently structured does not have the funds available; however, the Board could choose to re-appropriate funds and change the budget.There is a Capital Budget that has a list of capital projects that are planned for the year or are planned for the near future so funds are being held aside.It is possible to take some money from several of the projects that are least likely to be able to complete this year and reallocate that way.Ms. Lamanna said the $10,000.00 that is already budgeted for improvements to Twin Oaks could also be used.

Ms. Lamanna said this is very early in the year and the capital funds are budgeted to specific projects and she keeps her eyes on it very closely for the first 6 months of the year in the event there are problems that arise during the year to fix things that may go wrong.The extra $20,000.00 could be allocated out of the Parks & Recreation Fund Balance.Ms. Lamanna said that although these funds could be allocated from the Parks & Recreation Fund Balance, she asked that the Board makes sure that if they do this that it is not done without consideration as this is not a practice that she would recommend often.She would also recommend that before decisions are made to spend outside of the budget structure, that this is not something the Board wants to make a practice of.The Parks & Recreation Fund is in a very healthy position and it got to that point because they budget and spend extremely conservatively.

Mr. Gallagher asked when the fences and batting cages at Twin Oaks were to be repaired under the existing budget structure.Ms. Lamanna said since becoming the Director of Parks & Recreation in 2000, a policy has been set in terms of maintenance of these recreation facilities.Twin Oaks Park and Middletown Community Park are the two recreation facilities with Twin Oaks being used primarily by MAA and the Community Park by LAA.Those two organizations do not pay permit fees to use the fields, instead they have a maintenance for use agreement with the Township and within that agreement they are required to do certain repairs and cut the grass, etc.

It has been the policy that the Township will cover the cost of repairs and capital expenditures that benefit the park in general meaning a benefit to any user of the park.Those things that are only accessible to the organizations and only benefit those organizations, those organizations have been asked to pick up the cost.The batting cages fall into that category as they are locked up and are only available to MAA members.It has been Ms. Lamanna's position that should be the responsibility of MAA to take care of.

With regard to the field fences, the Township does repair them and would be able to repair fences out of the $10,000.00.However, she doesn't often replace an entire fence.Consultants go out and provide recommendations on how repairs can be made and most often sections of mesh are replaced because that is what tends to go in the fencing.

Ms. Lamanna said the $10,000.00 request for warning track and infield mix material is a problem as she has no way to get that out of her budget.She believes that she budgets just over $14,000.00 in park maintenance materials and supplies for the entire system for the entire year.

Mr. McMonagle asked how the funds that are being requested from MAA would be replenished in the Parks & Recreation Fund.Ms. Lamanna said they would not be replenished and decisions would have to be made about what could be done in the future.Ms. Lamanna stated that the capital budget in the Parks & Recreation Fund exists from developer fees.Those fees are restricted as the developers are told what the funds will be used for.The money that is being spent has been accumulated over decades and to date the Township is pretty much out of the big park and recreation impact fees.Approximately four (4) years ago ideas were looked into on how the fund could be kept as Ms. Lamanna is projecting that in the not so distant future there will not be any funds available.The next Parks & Recreation Director will need capital funds to maintain the Township owned facilities.At some point the Township is going to need to figure out a way to raise funds to maintain the capital budget account for Parks & Recreation.

Ms. Lamanna explained that Twin Oaks Park is in a Master Planning Process which is an evaluation of a property and creating a vision of where it should be in the future.It is not construction plans, but a plan that would be available in the event funds or grant monies become available.A meeting with the members of MAA was held last week and a neighborhood meeting is scheduled for February 8^th.

A lengthy discussion followed concerning the allocation of the funds requested by MAA.Mr. Stepnoski stated another thing to be considered is that the fencing that is requested would render a field that was otherwise be used for soccer off season unusable because this would be a fence that would be in place.Ms. Lamanna said unless the fence that would be installed would be temporary.At the present time a temporary fence is used on a portion of the Babe Ruth field so that it can be taken down and soccer can be played on that field in the fall.

Mr. Kreiling inquired if there is some type of interim plan where improvements could be made to allow MAA to host the Babe Ruth Tournament while MAA looks for an opportunity to look for state money or grant money to do the overhaul that the park requires.Ms. Lamanna said one of the reason the Master Site Plan was begun was exactly that is because so much money is being spent to try and maintain Twin Oaks Park, which is an older facility, and are getting nowhere.The Master Site Plan is proposed to be completed within a couple of months so that there will be a vision for the future and Ms. Lamanna would welcome the Board's support in an effort to find funding to start the projects.She is hoping that the improvements will be phased for Twin Oaks Park so that she will know what is to be done.

Ms. Lamanna once again requested that the Board while considering this request to please remember and consider and qualify this request as an unusual circumstance and that this is not something the Board would entertain every meeting.

Mr. McMonagle said there are other people who would not view this as an unusual circumstance, such as LAA, Penndel Wildcats, Hulmeville Soccer that believe they can come before the Board and request $30,000.00 and walk out with a big check.This is not something that is budgeted and Mr. McMonagle believes another alternative needs to be found.

Ms. Lamanna said that all of the athletic associations have projects they would like the Township to help them with, for example, Hulmeville Soccer would like the Township to help them build a parking lot at Hoover Elementary School.She has told them that she does not have the money and they need to go elsewhere for funding.The 90 foot baseball field at the Middletown Community Park was in terrible, dangerous condition at the close of last year.Ms. Lamanna told LAA they would need to find someone to do the work as she could only fund the material for the repair.

Mr. McMonagle asked if the tournament could be held at the Middletown Community Park.Mr. Butts said he does not believe so as there are two (2) 90 foot fields, one in Twin Oaks Park and one in the Oxford Valley Park which is owned by the County.Also the Middletown Community Park is very busy with 12 permit holders using it.

Mr. Gallagher asked Mr. Butts what the possibility would be for at least the bulk of the request being some sort of loan that MAA would have to pay back over a period of time.Mr. Butts said he would have to present that to the MAA Board.

Mr. Butts stated that the proposed tournament is scheduled for late July.MAA is proposing beefs and beers and have already met with the Bucks County Tourism Bureau to get the hotels and restaurants in the area involved in an effort of selling an ad book in an effort to continue raising money to support the tournament.MAA will not make anything on the tournament because of the supplies and fees that must be paid to host the tournament.MAA has to pay $750.00 to Babe Ruth just to host the tournament and does not include any infrastructure, baseball supplies that must be brought in.It is more of bringing exposure to MAA and to the area.

Mr. McMonagle said that while he is in complete support of little league and the tournament he would have difficulty explaining to his elderly neighbor why $30,000.00 was appropriated, not budgeted for an exclusive group, on the other side of town, who quite frankly may not be from Middletown.Mr. McMonagle also stated that if this issue continues long enough the other athletic associations will show up before the Board this evening.

Mr. Kreiling said that is an excellent point and no one on the Board doubts MAA's sincerity and applauds the efforts of everyone involved with MAA, but again if the funds are not there.The Township recently experienced a tax increase on the residents and he does not expect the economy to be any better this year than last year.He is concerned about the 2011 budget and the Board has a responsibility not only to the families that are served by MAA, but as Mr. McMonagle stated there is LAA, Neshaminy Little League, Penndel Wildcats, etc.Mr. Kreiling suggested going back to MAA's board and see what the board would agree to with respect to some sort of loan and if the board were to agree to that perhaps that could be a compromise.

Mr. McMonagle also pointed out that with the meeting being broadcast, perhaps there is a fencing installer or other contractors or folks that may want to pitch in.

Mr. Gallagher opened this issue to public comment.

Andy Warren, Shady Brooke Drive, said he learned a lot more about little league fields in the past 45 minutes than he needed to know.He believes that as a taxpayer the Township should invest the $20,000.00 in this showcase for Middletown.He also believes that there is an accumulation of unspent funds from past years that is available for some things in the future.It would seem to him some people may think that if the Township has enough to accumulate funds, their taxes should be cut.

Mr. McMonagle said the Township does not stockpile or have a backup of tax dollars.The Township is not taxing people, the fund balance that Ms. Lamanna eluded to is an accumulation of developer fees.

ACTION:MR. MALLON MADE A MOTION, SECONDED BY MR. MCMONAGLE TO TABLE THE APPROPRIATION OF $30,000.00 TO MAA FOR FIELD UPGRADES AT TWIN OAKS PARK UNTIL SUCH TIME AS MR. BUTTS CAN COME BACK BEFORE THE BOARD AFTER GOING BACK TO MAA TO DISCUSS THE POSSIBILITY OF ESTABLISHING A LOAN REPAYMENT.MOTION CARRIED BY A VOTE OF 4-0-1 WITH MR. KREILING ABSTAINING.(CONFLICT OF INTEREST FORM ATTACHED.)

Mr. Gallagher brought up the issue of the insurance policy as he promised.Mr. Stepnoski advised that he spoke to the gentlemen that Mr. Gallagher referred him to and they are looking at the entire coverage for the Township as they could not do anything in the interim.The coverage that is being requested is incremental to an existing policy so the Township cannot go out to an outside company and get a policy.

Mr. Stepnoski said a possible solution that Mr. Gallagher suggested was taking the existing coverage at $35,000.00 and stacking it.There was a Supreme Court ruling back in December of 2007 and the Township's carrier Travelers' in addition to many other carriers in Pennsylvania will not stack commercial insurance.Mr. Stepnoski said that the $9,000.00 premium increase would be for Township coverage and not employee coverage.

Mr. Mallon asked what the surrounding townships coverage is.Mr. Stepnoski said most are at the $35,000.00, but he has not tallied the ones around here.Mr. Gallagher said Bensalem is $50,000.00 and is stacked.Newtown was stacked and he does not remember the amount.Falls Township's coverage was $1 million and not stacked.

Mr. Leonhauser asked if the proposed insurance increase would safeguard the families of employees in the case there was a catastrophic type injury, death or quadriplegic or paraplegic injury.Mr. Stepnoski said the insurances the Township has for employees, make them whole.This is not a policy for employees, this is a policy for the Township.Mr. Gallagher said it is actually a policy on the Township vehicles, not on any individual.

Mr. Stepnoski stated that he polled several insurance agents, and if the Township chooses to increase the coverage to $1 million, the first lawsuit would be the last, because immediately the Township would go into assigned risk and no one would write another policy at that point.

Mr. Gallagher said the Township had this $1 million coverage at what point and for how long.Mr. Stepnoski said that the former manager, Rich Gestrich implemented it and he is not sure if it was for one or two years and prior to that time the coverage was with DVIT at $35,000.00.This has not been the status quo for the Township and if anything the $35,000.00 has been the status quo.

Mr. Gallagher asked if there have ever been any claims against this insurance other than an employee.Mr. Stepnoski said he is not aware of any claims against the insurance in any way, shape or form.

Mr. Stepnoski said anytime an employee is injured or killed a number of things come into play.There are life insurance policies provided by the Township. If the employee is injured, Workers' Comp carries you, health insurance is paid for, all medical expenses are paid for in that regard everyone is made whole completely, there is no additional outlay for whatever incident occurred.

Mr. Leonhauser said the does not believe everyone is made whole on every occasion of that.Mr. Stepnoski said Mr. Leonhauser can assert it, but he has not seen a case where you are not made whole.

Mr. Mallon asked if there are any requirements in any of the Township's collective bargaining agreements that state this type of insurance is required.Mr. Stepnoski said no there is not.He said there was a grievance filed regarding this with the very last clause of the PBA contract being used which was a catch all clause.

Mr. Leonhauser said there is pending arbitration that was continued by the Township with the next date scheduled for sometime in March.

Mr. Mallon asked if in discussion with the Township's insurance carrier are they giving any recommendations on this issue.Mr. Stepnoski responded that insurance guys will write anything and the issue simply remains that if the Board votes to increase it, they increase the likelihood of being sued.At $35,000.00 it is there, and at $1 million it becomes a relatively large carrot.

Mr. Mallon said as a point of clarification is Mr. Stepnoski speaking to another broker concerning the insurance or is it from the Township's existing broker.Mr. Stepnoski said he spoke to both and the one that was referred to him by Mr. Mallon did not have a comment until he would be able to go over the entire Township policy.

Mr. Gallagher opened this issue to public comment.

Bob Burnett, Crystal Road, Levittown, stated he is an employee of the Township and with all respect to Mr. Stepnoski, he is wrong about the sequent in which lawsuits would be filed.He was in an accident in 1992 driving a Township vehicle, the other operator didn't have insurance, so Mr. Burnett sued the Township because he was operating a Township vehicle.The Township's insurance at that time was $25,000.00.The Township was under insured for the amount of injuries that Mr. Burnett suffered, so he sued his own insurance company.

Mr. Burnett was in another accident in April 2008 driving a township vehicle.He has had two back operations and has missed most of the last two years of work because of the injuries he has suffered and he is still trying to get back to work.Mr. Burnett has missed out on overtime for that entire period of time.For Mr. Stepnoski to say that Mr. Burnett was made whole by Workers' Compensation is wrong.He would have made a lot more money had he worked.Chris Jones died while operating a Township vehicle or being hit by a Township vehicle and he does not see how Mr. Stepnoski could say his family could be made whole by a $35,000.00 policy.If one of the Township Department of Public Works employees is in an accident, he doesn't see how the family is made whole by $35,000.00 coverage.

Mr. Gallagher said for the record, he agrees that $35,000.00 is too low.He is not quite sure that $1 million is the right number to have, but believes that $35,000.00 is too low considering some of the other townships that he has spoken to.

Mr. Stepnoski asked Mr. Burnett what he sued for.Mr. Burnett said in 1992 he was out of work for four (4) months, then he had an operation in October of that year.He lost money because he wasn't able to work for four (4) months at the beginning of the year and then when he had the operation in October he was out for six (6) months after that and the injury that he suffered in that initial accident caused him to miss time over the next eight years because of his back injury.Mr. Stepnoski asked Mr. Burnett if he was paid during that time.Mr. Burnett said he was paid for it, but during that time he was out he was not able to work overtime where he would have made more money.

Mr. Mallon asked if it would make sense to have the Township's broker come to the next Board of Supervisors meeting and provide a presentation along with what insurance options the Township might have along with the associated costs.Also provide supporting information regarding other townships and what their policies are would also be helpful.

Mr. Gallagher opened this issue to public comment.

Joe Geonnotti, 14 Red Berry Road, Levittown, commented on the insurance issue.With the way the economy is with trying to get funds for MAA, he suggested putting this issue on the back burner for quite a while.With regard to the loss of Officer Jones, Mrs. Jones is receiving funds from other sources to be compensated for what took place with her family.He does not see where this particular amount would be considered something that is a necessity; he believes it to be overkill.

9.OTHER PUBLIC COMMENT.

None.

10.OTHER BUSINESS.

ACTION:MR. KREILING MADE A MOTION, SECONDED BY MR. MCMONAGLE TO REAPPOINT STEVEN DONOHUE AND ANDREW MCALOON TO THE ENVIRONMENTAL ADVISORY COUNCIL TERMS TO EXPIRE JANUARY 2013.MOTION CARRIED UNANIMOUSLY.

Mr. Kreiling thanked the DPW employees for the great job they do with snow removal and keeping the streets clean of debris.The community is proud and has stated the same to other communities.

Mr. Mallon stated that he has been asked by several residents in the Township for an update on the status for Police Chief.Mr. Mallon said he was party to a situation prior to being instated as a Supervisor to slow down the process to select a police chief.He felt there needed to be a process and there was a court order that stipulates that and more importantly he gave his personal word to the outgoing board that he would insure that there would be a process.

Mr. Mallon said this is a situation that is very important and has tremendous ramifications, both now as well as in the future.The process will be as transparent as possible to the community, but Mr. Mallon also stated and suggested that the Board needs to keep those matters that must remain confidential, confidential to protect not just the integrity of the process, but the individuals that apply for the position.

Mr. Mallon has taken the first step in the process this week by asking the Township Manager to take a look at the job description for the Public Safety Director and make the first cut at an edit to make it applicable to the Police Chief.The next step would be for Mr. Stepnoski to circulate that job description to all of the members of the Board with the goal being that a redlined copy be forwarded to Mr. Stepnoski including all edits, changes and/or additions from each individual Board member.Hopefully at a future meeting, the job description can be approved and begin to advertise for the position.

Mr. Mallon said there has been a lot of rumor and speculation on this issue.There will be no surprises as this will be a transparent process as the stipulation and order states, no appointment can be made without public comment.What is most important is that the right choice is made.It is not a question of speed or quickness, it is the right choice.Mr. Mallon directed Acting Public Safety Director McGinty to continue to manage the force to maintain the morale and safety of the community.Mr. Mallon directed the police officers to continue to work hard as they have done in the past to ensure that the residents remain safe and to the Community Mr. Mallon asked for their patience as this process is executed.

11.RECESS TO EXECUTIVE SESSION, PERSONNEL MATTERS.

Mr. Gallagher advised that the board would recess at this time to go into Executive Session and will return to adjourn the meeting whenever Executive Session is completed.

12.RECONVENE TO CONSIDER POLICE GRIEVANCE.

The meeting reconvened with Mr. Gallagher advising the Board was in Executive Session discussing personnel matters.Jordan Yeager, Esq., who represents the Township, advised that there was a grievance that has been discussed with the counsel for the F.O.P., Mr. Busillo who is present this evening and they have agreed to hold the grievance in abeyance.The union has agreed to put the grievance on hold and any time provisions would be waived.There is another arbitration matter that is related and this will be held in abeyance until after that and Mr. Busillo and Mr. Yeager will memorialize the terms of holding this in abeyance and will exchange documentation to that effect.Mr. Busillo requested that the details of the grievance not be put on the record at this time, but will be memorialized so they may be signed by both parties.

ACTION:MR. GALLAGHER MADE A MOTION, SECONDED BY MR. MALLON TO ACCEPT THE AGREEMENT PROVISO AS WILL BE FINALIZED TOMORROW BY MR. YEAGER AND MR. BUSILLO.MOTION CARRIED BY A VOTE OF 4-0 (MR. MCMONAGLE WAS NOT PRESENT FOR THE VOTE.)

13.ADJOURNMENT.

ACTION:MR. MALLON MADE A MOTION, SECONDED BY MR. KREILING TO ADJOURN THE PUBLIC MEETING OF THE MIDDLETOWN TOWNSHIP BOARD OF SUPERVISORS AT 11:17 P.M.MOTION CARRIED BY A VOTE OF 4-0 (MR. MCMONAGLE WAS NOT PRESENT FOR THE VOTE.)