TOWNSHIP OF LOWER MAKEFIELD

BOARD OF SUPERVISORS

MINUTES – FEBRUARY 2, 2004

The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on February 2, 2004. Chairman Fazzalore called the meeting to order at 7:30 p.m. noting that the Board had been meeting in Executive Session since 6:30 p.m. to discuss legal and real estate items.

Those present:

Board of Supervisors: Frank Fazzalore, Chairman

Pete Stainthorpe, Vice Chairman

Scott Fegley, Secretary/Treasurer

Grace Godshalk, Supervisor

Steve Santarsiero, Supervisor

Others: Terry Fedorchak, Township Manager

Jeffrey Garton, Township Solicitor

Robert Williams, Township Engineer

Kenneth Coluzzi, Chief of Police

PUBLIC COMMENT

Mr. Samuel Conti, 96 Sutphin Road, expressed his objection with the Board of Supervisors’ intention to obtain a liquor license for the Golf Course noting only

Mrs. Godshalk’s opposition. (Mr. Santarsiero was not a Supervisor when the vote was taken). He reported on incidences of drunk driving including statistics obtained from Mothers Against Drunk Driving. He stated he does not feel the Township should be involved with this by supporting the sale of alcohol in the Township. He noted current changes in the Pennsylvania laws regarding drunk driving which will result in more arrests and time spent by the Police Officers in Court. He also noted concerns with increases in insurance rates for Township residents if this is approved. He noted figures obtained from the Middletown Golf Course showing that the increase in revenues to the Golf Course through the sale of alcohol will not be significant. He feels the Board of Supervisors is to enact laws to protect the citizens and not endanger their lives. He does not feel the Board of Supervisors received sufficient information on December 15, 2003 when they voted on this matter and asked that they reverse their decision. He asked that Mr. Fegley vote on this matter and not abstain as he has in the past when Golf Course items are considered.

Mrs. Godshalk moved that they not have an alcohol sales permit.

Mr. Santarsiero stated he feels they should rescind the prior Motion.

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Mrs. Godshalk moved and Mr. Santarsiero seconded to rescind the prior Motion of December 15, 2003 to apply for a liquor license.

Mr. Bob Slamen, 50 Bedford Place, stated he does not agree with Mr. Conti and does not feel there will be problems with drunk driving as a result of having a liquor license at the Golf Course. He feels the Golf Course should have every opportunity to make a profit.

Mrs. Godshalk stated in 1948 the Lower Makefield Township residents voted that Lower Makefield Township should be a dry community. She stated there is a “loophole” that a Township can obtain a liquor license for a golf course; however, she feels that since they do not allow businesses to have a liquor license, she does not feel the Township should go above the law. She stated if the Township should go “wet” she feels at the current time, they would be able to have eleven liquor licenses in the Township based on the population. She stated this would cost the Township money for policing, etc. She stated if there are outings at the Golf Course, there would most likely be a caterer and most caterers have off-premises liquor licenses and they could sell alcohol at the outing.

Mr. Stainthorpe stated he objects to the term “loophole.” He stated they are permitted by law to apply for a liquor license. He stated the Township has no authority to grant or deny a liquor license as the Pennsylvania State Liquor Control Board has this control. If businesses in the Township would like to serve alcohol, he suggests that they get behind a petition drive and put it on the ballot as they would be the ones to benefit from this.

Mrs. Godshalk stated members of the Veterans Legion came to her and asked why they also could not have alcohol if the Township is permitted to have it at the Golf Course.

Mr. Santarsiero thanked Mr. Conti for making his presentation. He stated Mr. Stainthorpe is correct that it is not a “loophole;” however, his concern is this was done without a full airing in public whether this was the right thing to do. He stated it may be that most people in the Township feel it is a good idea to do this to help insure that the Golf Course succeeds; however, he feels this is an important issue for the Township and if they are going to change this in any significant way, which he feels this is, it should be done after a full and open debate. He feels the correct way to do this is to have a Referendum. He feels the Board of Supervisors addressed this at the “eleventh hour” and at a time when not too many people were present.

Mr. Fazzalore called for the question. Motion died and no action was taken as

Mrs. Godshalk and Mr. Santarsiero voted in favor, Mr. Fazzalore and Mr. Stainthorpe opposed, and Mr. Fegley abstained.

Ms. Sue Herman noted the letter she sent to the Board of Supervisors regarding the latest near miss which occurred on Stoopville Road with a Council Rock School Bus and a

February 2, 2004 Board of Supervisors – page 3 of 15

fully-loaded quarry truck. She asked that the Board of Supervisors lobby all involved to review Newtown Township’s ill-conceived TIP project which is the Stoopville Road Rehabilitation Project which she feels is a dangerous project as it will encourage more trucks at higher speeds. She feels this will result in covert implementation of the Northern By-Pass.

Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried that the Board of Supervisors is opposed to the Stoopville Road Rehabilitation Project. This clarifies written opposition and future oral opposition at both the meeting in Harrisburg and any other future meetings. This Motion to be made known to the list of people

Ms. Herman will provide to Mr. Fedorchak.

Ms. Beth Cowley, James Court, stated she is opposed to the issuance of a liquor license because people could be getting into cars after drinking at the Golf Course and be a danger. Mr. Fedorchak stated the Motion was defeated and the Application is proceeding. Ms. Cowley stated she is concerned that this item was only discussed at the “eleventh hour.” Mr. Fazzalore stated this matter had been discussed in the past.

Mr. Fred Allan stated the past two days he has been reading about the KOZ proposed for Falls Township which will create a tax-free Zone. He stated this will have a direct impact on Lower Makefield Township because of the impact this will have on the Pennsbury School taxes. He stated offices in Lower Makefield could decide to leave our area and go into this tax-free Zone. He feels Lower Makefield Township should go on record with Falls Township and the County Commissioners that they are against this.

Mr. Fazzalore stated it has been indicated that jobs will be created for people in the area who have been unable to obtain positions if this KOZ is approved. He stated he is concerned that once the incentives are used up, the firms will then move out.

Mr. Stainthorpe stated he feels Mr. Allan should make this presentation to the School Board and the County Commissioners as he feels it is better if this comes from members of the public. Mr. Allan stated he still feels the Board of Supervisors should draft a letter opposed to a fifteen year tax-free period and suggested they reduce it to five or seven years. It was noted that neither Falls nor the County have approved this yet.

Mr. Santarsiero stated he feels they should put this on as an Agenda item for the next meeting and consider it further at that time.

Mr. Victor Fiori, 1299 Prospect Farm Drive, stated there is still a water problem at Wilshire Drive. It was noted that this matter will be considered later on the Agenda.

Mr. Fedorchak stated they are trying to correct these problems.

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APPROVAL OF MINUTES

Mr. Fegley moved and Mr. Santarsiero seconded to approve the Minutes of January 21, 2004 as corrected. Motion carried with Mr. Fazzalore and Mrs. Godshalk abstained.

APPROVAL OF JANUARY 5, 2004 AND JANUARY 19, 2004 WARRANT LISTS AND DECEMBER, 2003 PAYROLL

Mr. Fegley moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the January 5, 2004 and January 19, 2004 Warrants Lists and December, 2003 Payroll as attached to the Minutes.

I-95/SCUDDER FALLS BRIDGE IMPROVEMENT PROJECT PRESENTATION

Mr. George Alexandridis, P.E., Chief Engineer and Project Manager, DRJTBC was present and introduced the following: Bijan Pashanamaei, P.E., Consultant Project Manager, DMJM+Harris, Joe Grillia, P.E., Environmental Manager, HNTB Corporation, Christine Bishop-Edkins, AICP, Public Involvement Mgr., DMJM+Harris, Linda Spalinski, Director of Strategic Planning & Community Affairs, DRJTBC, Laura Blackstone, Public Consultant, and Commission McMenamin from Ewing Township.

Mr. Alexandridis stated there was a two-year study done involving the four bridges.

The study ran from Duck Island north to Washington Crossing. It was determined that they need to resolve issues of congestion and safety at Scudders Falls. They also looked at Route 1 and found they need an additional northbound lane as well as rehabilitation. They are working on the Route 1 project and determining how they will provide the additional northbound lane.

Mr. Pashanamaei presented a video showing the project location and needs and how they obtained input. He stated the project length is 4.4 miles of I-95 and extends through Lower Makefield and Ewing Townships. He noted the amount of congestion and safety concerns at the present time. He reviewed the number of vehicles currently using the corridor and projected numbers equal to 73,700 vehicles per day by 2030 with an existing Level of Service F.

They will do an environmental assessment, and the scope of this was reviewed. They will also consider existing noise levels and will monitor the improvement they will be making and the noise impact after the improvement. He stated they do have a public participation plan which will give the public an opportunity to ask questions and discuss issues. They will also have Open Houses on both sides of the River. When the environmental document is ready, they will have a public meeting to present it. He noted

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ways the public can obtain information and stated signs will be posed on either side of the River with the contact information. Press Releases will also be issued. Mr. Pashanamaei reviewed the alternatives they have considered to date including not building anything, widening, collector/distribution option, and a new bridge. He stated for I-95 there are currently two lanes on either side and they are looking at whether they can widen to the inside or widen to the outside. He stated they are also looking at improvements to the Route 332, Route 29, and Taylorsville interchanges. He stated they will continue to have public participation . They are completing the existing conditions documents and will now start to look at the alternatives.

Mr. Victor Fiori asked about the location of a new bridge, and Mr. Pashanamaei stated they are looking at both north and south. Mr. Fiori asked about a pedestrian access on the bridge, and Mr. Pashanamaei stated they are looking into this.

Mr. Fegley asked how far south they will go in the study, and Mr. Pashanamaei stated Route 332 is the southerly limit. Mr. Fegley stated PennDOT is currently in the planning and engineering stage of an improvement at Route 332 and I-95 and asked if they are coordinating their project with them. Mr. Pashanamaei stated the improvements at the Route 332 Interchange which is the addition of a loop ramp will be incorporated into this project. They are in continuous communication with PennDOT, and they are part of the bridge project. Mr. Alexandridis stated their jurisdiction ends at the Canal Bridge and there is a Memorandum of Agreement with PennDOT. He stated the study will not be done until 2006. Following this is the final design which could take two years and construction could take two to three years.

Mrs. Godshalk noted the loop ramps on the western side and asked how they visualize them on the southeast and the northeast at Taylorsville Road. Mr. Pashanamaei showed the video of this area and stated this is one of the alternatives they are looking at. The southwest ramp would combine the traffic from north and south Taylorsville Road and they do not need any other loop ramps. He noted the existing loop ramp and showed how it would be widened out. They would not need any loop ramps on the eastern side. It is a partial cloverleaf which handles all the movements. Mrs. Godshalk asked about the possibility of tolls; and Mr. Alexandridis stated currently it is a free bridge, and they are hopeful that it will remain a free bridge.

Mr. Richard Gauck, 28 Fairway Drive, suggested they look at Yardley traffic going north on Taylorsville road in the morning. Mr. Alexandridis stated they will be looking at this.

Ms. Dana Weyrick, Brock Creek Drive, expressed concern that they are only projecting a Level of Service D once the improvements are completed. Mr. Pashanamaei stated this is the traffic level proposed for 2030; and for urban areas, this is the appropriate level. He stated if they tried to get to a Level of Service B or C, they would need a lot more lanes and it would be at a greater expense. Mr. Pashanamaei stated Level of Service D does

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result in a good flow of traffic for this type of interchange. They also hope that growth will be stabilized by 2030. Mr. Alexandridis stated they will provide on the Website a basis by which they can judge what it would mean to have a Level of Service D, and he feels the public will be satisfied with this.

Mr. Pat Kelly, River Road, asked what criteria they will use in considering whether they will take the improvement north or south. Mr. Pashanamaei stated they will consider environmental issues and physical alignment. They will also consider the number of homes in the environmental impact.

Mr. Don Camp, Maplevale, noted the existing noise from the Bridge, and stated he feels this project will double the noise. He asked about noise abatement. Mr. Pashanamaei stated there are some things they can incorporate into the bridge to help with noise as well as installing a slightly higher barrier. They will take sound measurements. The goal is to reduce the existing sound.

Mr. Steve West, Brentwood, asked if the noise will go higher. Mr. Pashanamaei stated they will have to take measurements of what is existing and will consider mitigation.

Mr. West asked if additional trees could be considered, and Mr. Pashanamaei stated walls and trees will both be considered.

Mr. John Bissert, Hilltop Road, stated it appears this may bring it closer to his home and asked that sound barriers be installed. He stated they should have had these already.

Mr. James Hold asked if this project qualifies for Federal Funds for noise abatement, and Mr. Pashanamaei stated this would depend on the impact. Mr. Grillia stated it is a Type I project.

Mr. Victor Fiori stated storm water problems were created by this project when it was first built. Mr. Pashanamaei stated they will look into this.

Ms. Virginia Torbert, Yardley-Newtown Road, asked if they are looking at all four corners of the Newtown expansion. Mr. Pashanamaei stated they are looking up to the overpass road at 332 although the limit may go beyond this when they look at the geometry. Mr. Alexandridis stated they do not feel they will have to reconfigure the Newtown Interchange once the new ramp is built by PennDOT.

Mr. John Murray, Ramsey Road, stated there were two deaths in the last few years with cars crossing the median and asked if this will be considered. Mr. Pashanamaei stated if they widen to the inside, this will require physical barriers, but if they go to the outside they will have to look at the criteria. Mr. Murray asked if a toll plaza is in the design, and Mr. Pashanamaei stated none is proposed at this time. Mr. Fazzalore stated he feels it would be a disaster if they included this.

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Ms. Diane Hatfield, Robinson Place, asked about the project in Bristol and Bensalem and hooking it up to the Turnpike. She stated she felt I-95 was going to be renamed 195 in our area. Mr. Pashanamaei stated for that project it only went to 332 and showed a slight increase in traffic for the Lower Makefield area. He stated the nature of the traffic in this area is more local, and there is not a lot of through traffic.

Mr. Jenkinson, Highland Drive, asked if they have considered a stacked bridge, and

Mr. Pashanamaei stated this is an option they will consider. He stated there are some geometric constraints involved with that option.

Ms. Maureen Holstrum, Highland Drive, stated if another bridge is added it will impact a number of residences. Mr. Pashanamaei stated their goal is to minimize right-of-way impact. They do not anticipate a lot of right-of-way impact, but they are obligated to look at a variety of options and determine the best solution overall.

Mr. Fazzalore stated this is very preliminary at this time and once the study is complete, they will have more details. He stated the Township will invite them to come back to the Township and address the residents again.

One woman asked that they provide a key on the Website for the various agencies being referred to.

Mr. Pashanamaei stated they will hold an open house in the spring and another once the alternatives are considered. One of these meetings will be in Pennsylvania and the other in New Jersey. Mr. Fazzalore stated when they are invited back again, the Township will again notify the residents.

PUBLIC HEARING AND APPROVAL OF CONDITIONAL USE FOR SHADY BROOK FARM, INC.

Mr. Garton incorporated the various Township files into the record. He noted public notice was provided. The Board received a recommendation from the Planning Commission as well as the Application and the various review letters in their packet.

Mr. Don Marshall, attorney, was present with Mr. David Fleming, one of the principals, who was sworn in. Mr. Marshall stated this Application is to expand the existing Farm Market on the Shady Brook Farm parcel. The three parcels in Lower Makefield total 81.259 acres. They also own land in Middletown and Newtown Townships but they are only using the Lower Makefield mathematics because this sets the size of the market permitted.

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Mr. David Fleming stated he resides on the Shady Brook Farm property with his brother, both of whom actively farm the property along with other members of the family. Currently there is a farm market of slightly more than 2,000 square feet. They also have an existing greenhouse, a portion of which is used for retail sales. They propose a 6,000 square foot addition to the greenhouse which will have 750 square feet set aside for the retail portion and the balance to be in production and not open to the public. They also propose an addition to the market space. Mr. Fleming stated the expansion will go a long way to help them continue farming the property. They rely heavily on the retail portion, but it is secondary to the actual farming operation. They are also proposing connecting the market to public sewers.

Mr. Fleming noted the total of the three parcels in Lowe Makefield is 81.25 acres and they have frontage on both Stony Hill Road and the Newtown By-Pass. In the Application the products they intend to sell are listed and are the same which are sold currently. They do not propose selling tobacco, newspapers, or magazines. They also propose selling some products for farm use such as feed and horticultural items. Power tools will not be sold. They anticipate using 8,255 square feet for retail sales and this is contained in the existing building with the expansion and the greenhouse. All of the buildings are 200 feet from the rear and side property lines and more than 150 feet from Stony Hill Road. Eighty-seven parking spaces are proposed. There is a paved apron and driveway. With regard to lighting, five pole-mounted lights and four wall-mounted lights are proposed which will only be illuminated during business hours. They do not anticipate any new signs. They anticipate the hours of operation will be 7 a.m. to 10 p.m. Monday through Sunday. Mr. Fleming stated they would be willing to enter into a Farmland Agreement with the Township.

The Township engineer’s review letter dated 1/7/04 was noted, and Mr. Fleming agreed to comply with all conditions of that letter.

Mr. Marshall stated the Planning Commission recommended that they limit sales to those items authorized by Ordinance, and they have agreed to this. The Planning Commission also recommended that they would like to see some additional plantings at the entranceway to dress up the area, and they are willing to do this subject to approval by the Township.

Mr. Fazzalore stated he does not feel the mulch and other items look attractive stored along Stony Hill Road. He stated he would hope that these would be moved. He stated there have been a number of rumors about the property including that they are interested in becoming a full functioning Agway. Mr. Fleming stated they do sell some Agway products.

Mr. Stainthorpe asked if their plan would be to sell more bulk animal feed, and

Mr. Fleming stated they would like to do this. Mr. Garton stated they are constrained by

February 2, 2004 Board of Supervisors – page 9 of 15

the Ordinance. Mr. Stainthorpe stated he feels they have made a thriving business, and he would like to see their business continue to thrive. He does agree with Mr. Fazzalore that the appearance from Stony Hill Road is not attractive; and if the mulch could be moved, it would be appreciated. Mr. Fleming stated they will consider this.

Mrs. Godshalk stated they considered the Ag-Business Ordinance approximately ten years ago, and she feels this is a way to help the farms stay in the community. She wished the Flemings good luck. Mr. Santarsiero agreed, and stated he feels this is an asset to the Township.

Mr. Marshall stated he feels this is very unique because this is in a residential zone. He would hope that they could keep this farm as long as possible.

Ms. Virginia Torbert stated if the Township is in the business of aesthetics, they should begin with removal of the leaf pile in front of the Patterson Farm and the mulch piles across from the Township Municipal Building.

Mr. Paul Krupp, University Drive, stated as a devoted customer of Agway, he hopes to see more of the Agway products.

Mr. Tom Morelli, Chilton Place, stated he does not have a problem with the mulch in the front but does have a concern with additional development on the property and any intention to sell off additional land. He stated an adult community was built on this property. He stated he would like to see a map of what they propose, and this was shown to him this evening.

Mr. Stainthorpe moved and Mrs. Godshalk seconded to grant the Conditional Use for Shady Brook Farm subject to:

1) Receipt of all permits and approvals by agencies having jurisdiction;

2) Compliance with PCS letter dated 1/7/04;

3) Only products authorized by Ordinance may be sold at the retail farm

mart;

4) Payment of all Township expenses associated with the Application;

5) Applicant to execute a written Agreement with the Township to be

recorded in accordance with Section 200-69A49 of the Ordinance;

6) Applicant to place additional landscaping at the entrance not to interfere

with clear sight distance and the actual placement and type to be at the

Township Manager’s discretion;

7) Market to be connected to public sewers.

8) Owners will look into moving the mulch piles.

Mr. Marshall agreed to the Conditions and the Motion carried unanimously.

February 2, 2004 Board of Supervisors – page 10 of 15

GOLF COURSE DISCUSSION

Mr. Frank Draper was present. Mr. Draper stated it was found that the Manor House was not a viable site for the Clubhouse due to restoration costs, upgrades to meet ADA standards, and a number of other items. During the last two years, the Golf Committee has discussed a number of options for what could be done wit the Manor House. At one point there were discussions with the Philadelphia section of the PGA who had expressed an interest in moving their headquarters to this location; however, they have accepted a proposal from another Township. There has been some general interest from the community and with the approach of the Grand Opening of the Golf Course, the Golf Course Committee feels this will only increase. It has been suggested that they sell the Manor House as a private residence or that they contact local businesses in the area and market it as an executive meeting site. They would like to have the Golf Committee appoint three of their members to go out to the private sector and explore interest in the Manor House.

Mr. Fazzalore stated they should keep the Township Manager fully informed as to what is being done. Mr. Draper stated the Committee will not set policy or negotiate.

Mrs. Godshalk stated it may have to be done on a lease basis.

Mr. Fegley stated he had a similar idea for a corporate retreat for the Patterson Farm.

He stated rather than simply seeking interest by corporations to buy the Manor House and use it for themselves, he would prefer that the Township consider developing it themselves and turning it into a revenue-generating facility. Mr. Draper stated they do not intend to give corporations the option to buy it, and it would only be a lease.

Mr. Stainthorpe stated all they are discussing at this point is having a Committee look into whether there are corporations interested in using it.

Mrs. Godshalk stated there was a good revenue stream from the Tomlinson Store, and she is sorry that a majority of the Board agreed to sell it.

Mr. Santarsiero asked the square footage of the Manor House. Mr. Draper stated this would be misleading because the third floor is cut. The bottom level would be the one to look at. The main room is 20’ by 20’, and there is a large foyer, a kitchen, restroom, and another large room.

It was the consensus of the Board of Supervisors that they should explore business uses for the Manor House.

Mr. Draper stated at the last Golf Course Committee meeting, Mr. Hoffmeister made a presentation on the Sewer Authority’s discussions about the Chanticleer Development’s

February 2, 2004 Board of Supervisors – page 11 of 15

sewer service being routed through the Golf Course. The Golf Committee made a recommendation to the Board of Supervisors that the Township exhaust all other options at its disposal to find a solution other than routing the sewers through the Golf Course.

Mr. Fazzalore stated there are some problems because the sewers for Chanticleer would have to go to Philadelphia where there is currently a moratorium, and the costs would be two to three times more than going to Morrisville. Mr. Fazzalore stated he would suggest that the Township engineer and the developer’s engineer determine if the route that has been recommended going up the rear yards of Delaware Rim is feasible and that no decision be made at this time. He stated they do not want to hold up the opening of the Golf Course.

Mr. Hoffmeister was present and concurred with Mr. Fazzalore. Mrs. Godshalk stated she has not seen any plan going up the rear yards. Mr. Hoffmeister stated CKS created a conceptual drawing which was shown to the Golf Committee. Since that time another suggestion was made which would not involve crossing the infrastructure of the Golf Course. The Chanticleer developer was present this evening. Mr. Hoffmeister stated there is a way to take it to the Farmview pump station at Kimbles Field and then go to Philadelphia; but there is question about whether they can get approval from Philadelphia and it is not known when this can be resolved.

Mrs. Godshalk stated the existing residents would have to be contacted. She stated she understands that many of the residents do not want the sewers, and this would be going against the will of the people. She stated if they do agree, it should go in the front in the right-of-way and not across the Golf Course. Mr. Hoffmeister stated what they are suggesting would not involve any infrastructure and would not impact the greens.

Mrs. Godshalk stated she is against crossing anything of an investment of this nature.

Mr. Hoffmeister stated they are looking at the possible option noted by Mr. Fazzalore and they will have an answer in two weeks for the Board of Supervisors. Mr. Fazzalore stated they are only discussing a force main, and it does not have to do with sewering Delaware Rim. Mr. Hoffmeister stated what is being suggested is a parallel line to the rear of Delaware Rim. It would involve some Golf Course property but would only involve the perimeter of the Golf Course and would not impact the property of the homeowners on Delaware Rim. Mr. Fazzalore stated this is not the gravity system for the homes on Delaware Rim which would have to go up the front of the homes.

Mrs. Godshalk asked who would pay for this, and Mr. Hoffmeister stated at this point only he and the engineers are looking into this. Mrs. Godshalk stated if this is helping the developer, she feels the developer should pay for it 100%.

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Mr. Richard Gauck, Chairman of the Sewer Authority, stated all they are asking for now is to delay this for two weeks to allow the developer’s engineer and CKS to look at the alternatives. The force main will not serve any homes on Delaware Rim.

Mrs. Godshalk stated she feels the developer should pay for this since it is facilitating the Chanticleer Development. Mr. Gauck stated Philadelphia is currently a problem area. He stated they are not saying who should pay for anything, they only want to consider the alternatives.

Mr. Stainthorpe stated he is in support of the Golf Committee’s decision not to take it across the Golf Course. Mr. Gauck stated they agree that there cannot be a delay to the opening of the Golf Course.

Mr. Pat Frain, 16 Delaware Rim Drive, asked if this matter will be considered in two weeks and if the Delaware Rim residents should be present. Mr. Fazzalore stated they will consider it in two weeks if they are done their study. No decision will be made until it is on the Agenda.

Mr. Fazzalore asked if the Golf Course Committee is discussing the fees. Mr. Draper stated they are looking into this and some preliminary plans for a fee structure have been considered. They will have a special meeting on February 11 and this is one of the topics they will discuss as well as the marketing for the Opening and the hiring of a General Manager.

DISCUSSION AND APPROVAL OF REVISION TO MEMORIAL PARK PLAN

Ms. Ellen Saracini and Ms. Liuba Lashchyk were present. Ms. Saracini stated they provided a copy of the Preliminary Site Plan to the Board of Supervisors. Mr. Fazzalore asked if the Park & Recreation Board has approved the revisions, and Ms. Saracini stated they did. She noted some neighbors were present at that meeting as well. Ms. Saracini noted the location of the parking lot which has changed. She stated there is also a direct entranceway into the Garden and the parking lots and the walkways lead into the Memorial. The Donor Wall location has also been changed. The walking path has been curved to go along with the Memorial shape. Trees and shrubbery at the entranceway and on the walkway to the Memorial were shown on the Plan. The maintenance building has also been combined with the comfort station so that it is all one building rather than two separate buildings.

Mr. Stainthorpe moved, Mr. Fegley seconded and it was unanimously carried to approve the design as presented.

February 2, 2004 Board of Supervisors – page 13 of 15

LIBERTY PROPERTY LIMITED PARTNERSHIP – APPROVAL OF PRELIMINARY PLAN

Mr. Bruce Hartlein, Mr. John Hunt, and Mr. Erik Ostenchuck, Traffic Engineer, were present. Mr. Garton noted this site was previously a bottled water facility and is located on Township Line Road. Mr. Hartlein reviewed the existing use and the existing conditions of the site. They propose a use similar to what is across the street, that being a three-story office building situation where the existing building is presently located. The footprint is 40,000 square feet per floor. The basin would be modified at its existing location. Mr. Williams stated they comply with the calculations for the stormwater basin.

Mr. Hartlein stated the Planning Commission had indicated that they would like to see the driveways line up with those across the street; however if they were to move the northernmost driveway, it would result in an unsafe condition on the site because of the sharp turn which would need to be made. He stated the southernmost driveway does line up with the driveway across the street; and if there were to be a light installed on this road at some point in the future, it would most likely be at this location. They feel the two driveways are necessary on their property because of the size of the site.

Mr. Santarsiero stated his concern is that there is no shoulder, and cars are traveling on this road at high speeds. Mr. Ostenchuck stated there is 250’ separating the two driveways. He stated the second access is also good for emergency access.

Mr. Stainthorpe stated he would prefer that the northern driveway be a right-turn in and right-turn out to avoid a dangerous situation. Mr. Fazzalore stated he is concerned that if drivers want to go up to I-95, they will just go up and make a U-turn. Mr. Williams asked if all the left movements had to come out the southern driveway, would this warrant a light; and Mr. Ostenchuck stated he does not feel it would. He stated a right-in and right-out only would have a negative impact on the internal flow of the traffic.

Mr. Hartlein stated they did follow the Ordinances in designing the Plan as shown.

Mr. Williams stated while they did meet Township Ordinances, he is not sure that when the Township Ordinance was written, it contemplated five lanes of traffic. He stated the roadway volumes are not as high as the cross section would indicate they are; however, he is concerned with people from both sides using the center lane. Mr. Hunt stated the northernmost drive is their main drive coming into the building. Mr. Ostenchuck suggested ways they could stripe the road to make it safer.

February 2, 2004 Board of Supervisors – page 14 of 15

Mr. Stainthorpe moved and Mr. Santarsiero seconded to approve the Preliminary Plan for Liberty Property Limited Partnership Plan dated 7/14/03, last revised 10/24/03 subject to:

1) Receipt of all permits and approvals by agencies having jurisdiction;

2) Compliance with PCS letter dated 1/7/04 including payment for any

Waivers requested;

3) Compliance with CKS letter dated 11/26/03;

4) Applicant to implement recommendations made by Traffic

Consultants dated 6/16/03, page 8;

5) Compliance with LMT Traffic Impact Fee Ordinance;

6) Defer to Final Plan adjustments to the northern and southern driveways

consistent with the traffic advisor’s recommendations on goring;

7) Between now and Final insure that the landscaping of driveways is

consistent with clear site distance.

Mr. Hartlein agreed to the Conditions, and the Motion carried unanimously.

APPROVE EXTENSION FOR THOMAS GOUGH MINOR SUBDIVISION

Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the extension for Thomas Gough Minor Subdivision until 5/6/04.

APPROVE EXTENSION FOR DEDICATION OF DOLLINGTON I, PHASE IV

Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the extension for Dedication of Dolington I, Phase IV to 2/16/04.

SUPERVISORS’ REPORTS

Mr. Santarsiero stated the Emergency Management Committee will meet on February 24.

APPROVE AGREEMENT WITH K. HOVNANIAN REGARDING IMPROVEMENTS TO THE INTERSECTION AT WILSHIRE DRIVE AND DOLINGTON ROAD

Mr. Stainthorpe moved, Mr. Santarsiero seconded and it was unanimously carried to approve the Agreement with K. Hovnanian regarding improvements to the intersection at Wilshire Drive and Dolington Road.

February 2, 2004 Board of Supervisors – page 15 of 15

DISCUSSION OF DCED GRANT APPLICATION FOR LINDENHURST ROAD TRAFFIC CALMING MEASURES

Mr. Fedorchak stated he provided a copy of the letter they sent to PennDOT and the Grant Application for the traffic calming measures which were discussed previously for Lindenhurst Road. Mr. Fazzalore stated the newspaper ran an article about Mr. Steil proposing that the Counties in Pennsylvania should take over the stormwater management. Mr. Garton stated he does not feel this will pass. He stated if this were to be approved, a tax would be imposed to pay for this, and the stormwater considerations would be taken away from the Township and instead be considered by the region.

Mrs. Godshalk stated Mr. Steil discussed this at a meeting two years ago.

There being no further business, Mr. Stainthorpe moved, Mr. Santarsiero seconded, and it was unanimously carried to adjourn the meting at 10:20 p.m.

Respectfully Submitted,

Scott Fegley, Secretary