TOWNSHP OF LOWER MAKEFIELD

BOARD OF SUPERVISORS

MINUTES – MARCH 1, 2004

The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on March 1, 2004. Chairman Fazzalore called the meeting to order at 7:30 p.m. noting that the Board had been meeting in Executive Session since 6:45 p.m. interviewing candidates for Board vacancies and discussing a legal matter.

Those present:

Board of Supervisors: Frank Fazzalore, Chairman

Pete Stainthorpe, Vice Chairman

Scott Fegley, Secretary/Treasurer

Steve Santarsiero, Supervisor

Others: Terry Fedorchak, Township Manager

Jeffrey Garton, Township Solicitor

Robert Williams, Township Engineer

Kenneth Coluzzi, Chief of Police

Absent: Grace Godshalk, Supervisor

Mr. Fazzalore commended the Yardley-Makefield Volunteer Fire Company, Lower Makefield Police, and Bucks County public safety personnel for their professional and timely response to the devastating fire which took place Saturday at McCaffrey’s Supermarket. Within four minutes of being dispatched, Yardley-Makefield firefighters were on the scene assisting in the evacuation and assessing the fire. Within ten minutes, Yardley-Makefield-Ladder Truck 80 was on the scene and water was on the fire. Morrisville, Newtown, Fairless Hills and other area companies responded shortly thereafter. In all, 150 firefighters were involved in battling the blaze. He stated McCaffrey staff and management must also be commended for the excellent job they did evacuating the 200 customers and employees then inside the store. The fire was contained to the involved structure and was prevented from spreading to adjoining businesses. There were no civilians, fire, or police injured. The remaining businesses were open within 18 hours of the original call. He stated it was truly amazing that 200 to 250 people were safely evacuated by the staff and police who maintained traffic control with not one accident or injury. He added that it has been the policy of the Board of Supervisors for many years to do whatever they can for the Volunteer Fire Company, and this weekend showed that everything they did was well worth the money spent.

PUBLIC COMMENT

Mr. Fred Allan stated he has received numerous phone calls questioning what can be done to help McCaffrey’s and their employees. They have put together a Steering

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Committee including about fifteen leaders in the community and those interested in helping the employees at this time. This Steering Committee includes people from Lower Makefield and others outside of the community with whom Mr. McCaffrey was involved. They intend to hold a fundraiser as quickly as possible. First Federal Savings and Loan in Bristol will set up a Trust Account. Mr. McCaffrey will determine how the funds will be distributed to his employees. In April they will hold a fundraising activity including a dinner and silent auction. They want to show Mr. McCaffrey that they appreciate what he has done for Lower Makefield and the surrounding communities.

Mr. Fazzalore stated this is not a Lower Makefield Township function, but a private Committee working to do something for the McCaffrey employees. Mr. Garton stated the Township cannot contribute toward this. Mr. Allan stated they are only looking for moral support from the Township.

Mr. Santarsiero stated they will need to do several different activities. He stated he read today that Mr. McCaffrey will try to transfer some of the employees to his other stores and that his insurance will cover some of his key people, but not the vast majority of his employees. Mr. Santarsiero stated he would like to try to do whatever they can do to help the employees.

Mr. John Titterton, Washington Crossing, stated he would suggest that in recognition of the many hours Mr. McCaffrey has spent raising money for other organizations, that the Township consider waiving all fees involved in the re-construction of the store and to review the plans expeditiously. Mr. Fazzalore stated they will take this under advisement, although they do have to consider the issue of precedent. Mr. Titterton stated while he recognizes this concern, he would challenge anyone to find someone who has given as much as Mr. McCaffrey, not only to Lower Makefield but to the surrounding communities as well. Mr. Fegley stated the Board of Supervisors recognizes

Mr. McCaffrey’s generous nature and contributions, and they will do whatever they can to expedite the reconstruction of the store recognizing that they must follow the Ordinances and consider the problem of setting a precedent. He stated they recognize that this store was more than just a business in the community.

Mr. Zachary Rubin, 1661 Covington Road, stated at the last Board of Supervisors meeting there was discussion about the KOZ. He stated the Chairman and Vice Chairman articulated a position that they should oppose this. There was also discussion that Lower Makefield Township should take the initiative of seeking out other Township Boards of Supervisors to form a coalition so that they can consider regional issues.

He asked why this was not on the Agenda for this evening. Mr. Santarsiero asked that it be put on the Agenda for the next meeting. Mr. Fazzalore stated they can do this but noted that for years they tried to work on regional traffic planning with Wrightstown and Newtown and had numerous meetings many of which he attended when he was last

Chairman. The subsequent Chairman did the same and they did not meet with much

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success. He stated he would be willing to try again. He stated over the years it seems Lower Makefield is always the one trying to do these initial movements.

Ms. Sue Herman advised the Board that at the February meeting, the DVRPC Regional Citizens Committee passed a Resolution rejecting the concept of the Stoopville Road rehabilitation project. She provided a copy of the Resolution (copy attached to the Minutes). Ms. Herman asked who from the Township would be attending the upcoming meeting, and it was noted that Mr. Fedorchak will be attending. Mr. Herman asked for an update on the timing of the Swamp Road culverts. Mr. Fazzalore stated he did hear from Governor Rendell that funds are not available for other road projects and he discussed a number of cutbacks.

Ms. Barbara Hagerty, Weber Drive, stated she feels it is time to look into having a paid Fire Company. She stated while the volunteers do a good job, you cannot always rely on their response time. She stated had they been their within ten minutes, it would have been a very manageable fire. She stated she had been in the store at the start of the fire and it was thirty minutes before the first truck came and another seventeen minutes before they had water on the fire. Mr. Fazzalore stated they have looked into the possibility of a paid company a number of times but to put even four people on as paid fire fighters it would be quite costly. He stated by State law they are only permitted to charge 3 mills for fire protection and they are already at this level. He noted that later on in the Agenda they will have a presentation by Mr. Yates, who has been hired as the new Fire Safety Code Enforcement person. They also have two-part time employees who are going around the Township checking on all the businesses. Ms. Hagerty stated if the stations are not manned twenty-four hours a day, seven days a week, it does no good. This is why she does not feel they should keep having the volunteers. Mr. Fegley asked if they have determined the cause of the fire; and Chief Coluzzi stated they suspect that it was a cigarette discarded in the mulch, but nothing has been finally determined at this time. Mr. Fegley stated possibly they could pass an Ordinance that there can be no smoking within fifty feet of a public building.

PRESENTATON OF DONATION TO THE GARDEN OF REFLECTON BY GIRL SCOUT TROOP 30 OF ST. IGNATIUS

Ms. Sue Fugate and members of Girl Scout Troop 30 of St. Ignatius were present to present a check toward the Garden of Reflection in the amount of $256.60.

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CONFIRMATION OF EAGLE SCOUT PROCLAMATIONS PRESENTED AT COURTS OF HONOR

Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to Confirm the Eagle Scout Proclamations which were presented at Courts of Honor recognizing the following: John R. Mier, Troop 191, Adam Paz, Troop 10, Matthew Potocki, Troop 30, John David Shlegle, Troop 30, Kevin J. Suyo, Troop 30, William Robert Yantz, Jr., Troop 10, and Paul A. Yeager, Troop 30.

APPOVAL OF MINTUES

Mr. Stainthorpe moved and Mr. Santarsiero seconded to approve the Minutes of February 16, 2004 as written. Motion carried with Mr. Fegley abstaining.

UPDATE ON TOWNSHIP’S FIRE SAFETY CODE ENFORCEMENT PROGRAM

Mr. James Yates was present and stated since the new Fire Code was adopted they have developed the inspection procedures, designed inspection report forms, mailed forms to all Township businesses, and collected revenue to support the program. They interviewed candidates for the inspector positions and have hired Robert Habgood and Glenn Chamberlain on a part-time basis. They conducted training programs and began formal inspections in February. Twenty-five inspections have been completed to date.

Mr. Fazzalore stated a number of residents contacted him about the McCaffrey fire and asked if the building had sprinklers. Chief Coluzzi stated the sprinklers did go on inside the building; however, because the fire was in the roof rafters, it was difficult for them to be of help in this area.

Mr. Fegley asked if they were to enact an Ordinance prohibiting smoking within fifty feet of a public building, would this have to go in the Fire Code. Mr. Yates stated he feels it would be a Township Ordinance. He stated he feels it would be difficult to enforce.

Mr. Fegley noted the last two major fires in recent memory in this area were started by people smoking. Mr. Yates stated they could look into what other communities have done.

Mr. Fazzalore asked Mr. Yates if they have sufficient number of staff to conduct the inspections, and Mr. Yates stated he feels the two inspectors are capable of handling this. Mr. Fedorchak stated they will be able to make a better decision on this by the end of the year. Mr. Fazzalore stated he would like to see the program continue and if they need more assistance they should come back to the Board of Supervisors. Mr. Yates noted the program is paying for itself.

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Ms. Virginia Torbert asked if the Fire Safety Code says anything about roofing materials, and asked if they need to revise this in light of the fire that took place over the weekend. Mr. Yates stated the Building Construction Code the Township uses would address this more appropriately. He noted when the building is re-built, it will have to comply with the new requirements. Mr. Yates stated the Township does inspections while the building is under construction and his program looks at it after construction. Mr. Fazzalore stated a new Building Code was adopted by the State, and the Lower Makefield Township Code is even stricter than the new State Code.

DISCUSSION AND MOTION ON PAA’S REQUEST TO INSTALL ADVERTISING SIGNS AROUND BALLFIELDS

Mr. Fred Allan, Mr. Dave Truelove, Mr. Greg Morrow, and Mr. Jack Morrison, representing PAA were present. Mr. Allan stated with the increase in user fees, PAA has tried to come up with a way to avoid passing on the increase in fees to the players.

He stated PAA has more expenses than some of the other sports because of the equipment involved. He stated at the end of the year, PAA almost zeroes out; although they do try to keep a small safety net of funding. Mr. Allan stated they have come up with an idea they feel will help offset the costs. He stated while they do have sponsors, sponsorship is down this year. He stated in most other communities, they are permitted to have advertising signs around the outfield fences that look into the fields. The signs would be either 3’ by 6’ or 4’ by 8’ and would be made of corrugated white plastic with letters professionally done. PAA would be responsible for putting up and taking down the signs. Mr. Allan stated they would propose installing them approximately April 1 and would take them down mid-July.

Mr. Truelove stated they do have other fundraising efforts in place to help offset some of the fees. He stated they have fixed costs over which they have no control. Mr. Truelove stated the Township may want to consider a seasonal Sign Ordinance so that it will not create additional problems for the Township.

Mr. Fazzalore stated a number of years ago PAA asked that Toll Bros. be permitted to have a sign if they installed a scoreboard and this request was denied. Mr. Fazzalore noted these fields are Township property and he does not feel he wants to see commercial signs along Edgewood Road on Township property.

Mr. Fegley stated he has seen these types of signs at many of the surrounding communities and does not find them unattractive. He stated it is part of baseball, and he does not have a problem with the request if it is part of their fundraising effort.

Mr. Stainthorpe asked the fixed costs per player. Mr. Morrison estimated it to be $185 for the League for 1300 to 1400 players. Mr. Allan stated they take care of fields at a

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number of the Schools as well. Mr. Fazzalore stated the Lower Makefield fields are taken care of by Lower Makefield for the most part. Mr. Stainthorpe asked how many signs they anticipate installing. Mr. Allan stated they do not know at this time.

Mr. Morrison stated at the Girls fields, he estimates there would be thirty-two slots.

Mr. Stainthorpe stated he agrees that this is part of baseball and such signs are in lots of communities; however he would want to make sure that the signs are in good taste. He asked if they should agree to the program for a year. Mr. Morrison asked if they could work with Ms. Liney and have her approve the proof of the signs before they go to print. Mr. Allan stated they could bring them to the Board of Supervisors for approval.

Mr. Santarsiero stated he feels if this is what they need to help their program, he feels this proposal makes sense.

Mr. Fazzalore reminded the Board of Supervisors that balancing the Budget was not easy this year. Park & Recreation was part of this and this is why they did have to raise the fees. Mr. Santarsiero stated this is one of the reasons why he feels this is a good option since it is a creative way to raise funds.

Mr. Fegley moved and Mr. Santarsiero seconded to approve the use of signs on the PAA fields subject to:

1) All signs will be only on the inside facing in from foul pole

to foul pole and;

2) Township to review all signs prior to being put up to be

reviewed by the appropriate Township representatives;

3) Signs to be up 4/1 to 7/15.

Motion carried with Mr. Fazzalore opposed.

Mr. Fegley asked that the Solicitor review the Sign Ordinance in light of this proposal.

Mr. Mike Morley stated he is a sponsor of PAA and while he paid $850 to be a sponsor, he feels his sponsorship has brought in over $10,000 in revenue as a result of this through people associated with PAA.

RONALDO/ ADA PROPERTIES - APPROVAL OF PRELIMNARY/FINAL PLAN FOR LOT LINE CHANGE

Mr. Henry VanBlunk, attorney, was present. Mr. Garton reviewed possible conditions of approval. Mr. Fazzalore stated the Board of Supervisors did not receive in their packet a

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number of the review letters noted in the PCS letter. Mr. Williams reviewed the information that was in these review letters.

Mr. Fazzalore asked how much land will be left for the Ronaldos, and Mr. VanBlunk stated while it is 3 acres gross, it is only 1.27 net. Mr. Fazzalore asked how they will monitor the restrictions in the Court Order such as those restricting weddings, and Bar Mitzvahs. Mr. Garton stated the Township would be advised of this by surrounding neighbors if there were any problems.

Mr. Stainthorpe moved and Mr. Santarsiero seconded to approve the Preliminary/Final Plan for Lot Line Change, Plan dated 9/12/03, last revised 12/17/03 subject to:

1) Receipt of all permits and approvals by Agencies having jurisdiction

to the extent applicable;

2) Compliance with PCS letter dated 2/2/04 with the understanding that

the issue listed as Item #3 to be resolved at Land Development and not

as part of the Lot Line Change;

3) Compliance with the Court Order entered on 10/27/00;

4) Deeds and Consolidations to be recorded at time Linens are recorded;

5) Payment of all Township expenses related to the Application.

Mr. VanBlunk agreed to the conditions of Approval.

Ms. Torbert asked if the use of the property as a Synagogue was approved, and

Mr. Garton stated this was approved years ago and as part of this the lot line change will add property to the parcel. There is a Court Order in place for this property. Ms. Torbert asked about the property next to the railroad tract, and Mr. Garton stated it does not affect this property.

Motion to approve carried unanimously.

DISCUSSION OF FLOWERS-MADANY TRACT PRELIMINARY PLAN

Mr. David Shafkowitz, attorney, and Mr. Brian Focht, engineer, were present.

Mr. Shafkowitz stated they want to discuss issues which were brought up at the Planning Commission meeting and in the PCS review letter. He stated the Planning Commission recommended that they come to the Board of Supervisors for direction.

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He showed Route 532 on the Plan. The property has three parcels, two of which are in Lower Makefield and the third is in Newtown Township. The Applicant is proposing a twenty-nine lot Subdivision on 60 acres. The Tract is zoned R-1.

Mr. Shafkowitz noted the Township’s Environmental Resource Protection Ordinance and the encroachments proposed on the Plan. He stated the extension of Graystone to 532 encroaches on the wetland buffer and the through road from Graystone Lane onto Gaucks shows a stream crossing. Some options were considered to address these disturbances. Plans showing these options were distributed to the Board this evening. One of these shows an alternative to the stream crossing in the center of the property by having a dual cul-de-sac lay out which would avoid the disturbance in this area. Mr. Shafkowitz stated the Applicant has no preference. He noted they will continue to address other items in their discussions with the Planning Commission.

Mr. Santarsiero stated people are concerned about the potential for a cut through from 532 and this is why the Plan with multiple cul-de-sacs and an emergency-only access is being proposed. Mr. Shafkowitz stated they would still need a Variance to bring the utilities through in the protected areas.

Mr. Williams stated he would like to see a combination of the two options proposed.

He noted they may also need a waiver on cul-de-sac length. He stated they also need input from Newtown Township as to their feelings regarding Gaucks Lane.

Mr. Fazzalore asked the impact on lot count if they were to proceed with the alternative plans, and Mr. Shafkowitz stated the lot count would be the same. Mr. Fazzalore stated he was under the impression that there were more wetlands in this area than what is being shown. Mr. Williams stated there is still discussion on the exact amount of wetlands on this tract.

Mr. Shafkowitz stated they will prepare another sketch based on recommendations by Mr. Williams and go back to the Planning Commission. It was the consensus of the Board that they were in favor of the cul-de-sac to the left and an emergency-only access on 532.

APPROVE EXTENSION FOR FLOWERS/MADANY TRACT PRELIMINARY PLAN

Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the Extension for Flowers/Madany Tract Preliminary Plan to 6/20/04.

SIGN LINENS FOR RANNIELLO PROPERTIES LOT LINE CHANGE

Linens were signed following the meeting.

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AWARD BID FOR RENOVATIONS TO POLICE DEPARTMENT

Chief Coluzzi stated this bid is for Phase I. They received twelve bids. The low bid of $115,718 was withdrawn, and the next lowest bid was in the amount of $135,851.05 from Midway Construction. Mr. Fazzalore stated the reason the low bid was withdrawn was because they did not include demolition. He asked if Midway understands all the work involved in the project, and Mr. Williams stated they do. Mr. Fazzalore stated the Budget for this project was $195,000. Mr. Fedorchak stated they have approximately

$94,000 left over from 2003 which they carried over plus the $195,000 budgeted for 2004. Mr. Fazzalore stated he did not feel this was correct and stated they put $195,000 in the 2004 Budget and do not carry over funds from prior years. Mr. Fedorchak stated the $195,000 was in Capital Reserve.

Mr. Stainthorpe moved, Mr. Santarsiero seconded and it was unanimously carried to award the bid for renovations to the Police Department to Midway Construction in the amount of $135,851.05.

Chief Coluzzi stated Rich Carroll designed the Plan for Phase I and did submit an estimate of $26,000 for architectural fees to draw Phase II. He would like to move forward on this. Mr. Fazzalore stated they have $60,000 left over from Phase I, and he should move ahead. Mr. Garton stated they will have to submit a Professional Services Agreement.

ZONING HEARING BOARD MATTERS

Mr. Fegley moved, Mr. Stainthorpe seconded and it was unanimously carried with regard to the Kathleen and Alvin Feldman, 1066 Independence Drive, Variance request to construct an in-ground pool and decking resulting in greater than the permitted impervious surface, to oppose the application unless they can get the impervious surface to 27.6% or below and with regard to the Centennial Commons, LLC Variance request for property located on the east and west sides of River Road to construct a single family dwelling to oppose unless they get the impervious surface to 13% or below.

Mr. Stainthorpe moved and Mr. Fegley seconded with regard to the Brent and Elizabeth Hooker, 65 Black Rock Road, Variance request to construct an in-ground pool resulting in greater than the permitted impervious surface, to oppose unless they get the impervious surface to 22% or below. Motion carried with Mr. Santarsiero abstaining.

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AWARD CONTRACT TO PERFORM PUMP STATION IMPROVEMENTS

Mr. Stainthorpe moved, Mr. Santarsiero seconded and it was unanimously carried to award the Contract to perform pump station improvements to Bray Brothers, Inc. of Fallsington at a cost of $28,000.

DISCUSSION AND AUTHORIZATION FOR CKS ENGINEERS TO PREPARE GENERATOR SPECIFICATIONS

Mr. Hoffmeister stated this is for the Silver Lake Pump Station where they need to boost stand-by generation. Mr. Stainthorpe asked if this would not just be done at CKS’ hourly rate. Mr. Hoffmeister stated this project is outside what CKS would normally do, and the Board of Supervisors asked that a separate proposal be submitted. These hourly rates are what they normally charge the Township with a figure not to exceed.

Mr. Stainthorpe moved, Mr. Fegley seconded and it was unanimously carried to authorize CKS Engineers to prepare generator specifications.

DISCUSSION OF DELAWARE RIM/SUNNY KNOLLS SANITARY SURVEY

Mr. Richard Gauck, Chairman of the Sewer Authority, was present with Mr. Hoffmeister. Mr. Hoffmeister stated this is the same survey that was done in other areas of the Township. CKS visits each of the individual lots to confirm adequacy of the sanitary system. There are a total of seventy-seven lots, some of which are vacant and seventy-three dwelling units. Mr. Gauck stated Mr. Fedorchak’s office sent out a letter in January to people in the area as to whether they were interested in sewer service, and 60% indicated they were interested – some with no conditions and some with conditions. This survey will help determine if there are problems with the existing systems.

Mr. Fazzalore stated this is an older community. He asked if they will check the water as well. Mr. Hoffmeister stated water testing will be done on the wells to see if there are any bacteria or other items present. Mr. Gauck stated all this work is done following DEP guidelines for on-lot systems. The Sewer Authority needs this information to give a recommendation on whether or not to proceed with further service.

Mr. Hoffmeister stated the cost to perform the work is $11,500.

Mr. Garton stated the Board will not be able to vote on this tonight as Mr. Fazzalore and Mr. Fegley cannot vote on this matter. Mr. Hoffmeister asked that they consider the

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matter and put it on a future Agenda when Mrs. Godshalk is present. Mr. Gauck stated the survey would have to be done in the spring so timing is critical.

SUPERVISORS REPORTS

Mr. Stainthorpe stated the Clubhouse is under roof at the Golf Course. He stated they have a walk through scheduled for this Thursday to look at erosion at some of the holes.

Mr. Santarsiero stated they had a meeting of the Emergency Management Committee and discussed the emergency notification system. They would like to publicize how this system works including the issue of unlisted phone numbers that prevents the system from getting through. In the past they have put information about the system in the Township Newsletter but there was not a lot of response in getting people with unlisted numbers to provide their numbers so that they could be notified in case of an emergency. He feels they should repeat this information again and perhaps put it on the Township Website so people are aware of the system and how it works.

APPROVAL OF CONSORTIUM SIGN MATERIALS AND POST BIDS

Mr. Stainthorpe moved, Mr. Santarsiero seconded and it was unanimously carried to approve the Consortium Sign Materials and Post Bids as follows: Reflective Letters – US Municipal; Reflective Numbers – US Municipal; Aluminum Street Sign Blanks Extruded with Green or Blue Sheeting – Garden State; Finished Signs – Garden State and Griffin Sign; U Channel Posts, Galvanized Breakaway – Griffin Sign; Sign Posts (Galvanized Posts) – US Municipal; Delineator Post, Reflec., Safe Hits & Carsonite – Griffin Sign; Hardware – Garden State, Griffin Sign, and US Municipal.

MOTION ON DISPOSAL OF EXECUTONE PHONE SYSTEM

Mr. Fedorchak stated Katrina has contacted a number of companies in the industry who have indicated that the old Executone Phone system is of no value. Mr. Fazzalore asked if the disposal of the system will create any environmental problems, and Mr. Fedorchak stated he will have to look into this. Mr. Stainthorpe asked if there are any charitable organizations that could use the system, and Mr. Fedorchak agreed to look into this as well.

Mr. Stainthorpe moved, Mr. Fegley seconded and it was unanimously carried to dispose of the phone system provided there are no environmental consequences or appropriate action is done to prevent this and that Mr. Fedorchak make a reasonable effort to determine if a charitable group could use the phone system.

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APPOINTMENTS

Mr. Fegley moved, Mr. Santarsiero seconded and it was unanimously carried to appoint James Bray to the Environmental Advisory Council.

Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was unanimously carried to appoint Douglas Riblet to the Farmland Preservation Corporation.

Mr. Santarsiero noted that he is a friend of Jim Bray and feels this is an excellent appointment. He stated had the interviews been conducted in public he would have brought out in public the fact that he is a friend of Mr. Bray and this is why he is announcing it at the public meeting at this time.

There being no further business, Mr. Stainthorpe moved, Mr. Fegley seconded and it was unanimously carried to adjourn the meeting at 9:20 p.m.

Respectfully Submitted,

Scott Fegley, Secretary