TOWNSHIP OF LOWER MAKEFIELD
BOARD OF SUPERVISORS
MINUTES - AUGUST 16, 1999

 

The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on August 16, 1999. Chairman Strahle called the meeting to order at 7:35 p.m. noting that the Board had been meeting in Executive Session since 6:30 p.m. to discuss personnel and legal matters.

Those present:

 

 

 

Board of Supervisors:

William Strahle, Chairman

 

Wesley Hackman, Vice Chairman

 

Frank Fazzalore, Secretary/Treasurer

 

Scott Fegley, Supervisor

 

Grace Godshalk, Supervisor

 

 

Others:

Terry Fedorchak, Township Manager

 

Jeffrey Garton, Township Solicitor

 

(left meeting in progress)

 

John Koopman, Township Solicitor

 

(joined meeting in progress)

 

Jan Gouza, Township Engineer

 

Joseph Bainbridge, Acting Chief of Police

PUBLIC COMMENT

Mr. Leonard Franckoviack stated approximately four weeks ago he requested of Jan Gouza a copy of the engineering report which indicated that the Swamp Road Bridge was inadequate for heavy trucks and the reasons this was so. He also stated the map being used should be revised to show the relative distances to get to the By-Pass. He asked the status of these requests. Mr. Gouza stated they did get a response from PennDOT regarding the request for the Bridge information and he forwarded that letter to the Township. He stated the letter indicated it is not their policy to provide copies of their reports regarding structures to the public; however, they did indicate that the bridge is restricted to fifteen tons. Mr. Gouza read from the letter which indicated heavier vehicles could damage the bridge. Mr. Franckoviack stated he feels any inspection reports should be public knowledge and feels these should be requested under the Right To Know Act.

Mr. Garton stated the Right To Know Act would require them to release the information. Mr. Hackman moved, Mr. Fazzalore seconded and it was unanimously carried to direct the Township Manager to write to PennDOT and request the inspection report for the Bridge under the Right To Know Act. Mr. Hackman moved, Mr. Fazzalore seconded and it was unanimously carried to direct the Township Engineer to revise the map so the relative distances between Wrightstown Road and the By-Pass are shown.

 

APPROVAL OF MINUTES

Mr. Fazzalore moved and Mrs. Godshalk seconded to approve the Minutes of August 2, 1999 as written. Motion carried with Mr. Hackman abstaining.

 

APPROVAL OF DEVELOPMENT AGREEMENT FOR DOLINGTON ESTATES AND IMPROVEMENTS TO LINDENHURST ROAD

Mr. Garton stated the Board has seen a copy of the Agreement which was prepared consistent with the Approval. He noted there are certain improvements that are to be done in connection with this project including the culvert replacement.

Mr. Hackman stated he will not vote on this matter since the project is adjacent to his home.

Mr. Gouza stated they will provide for two lanes and two minimal shoulders from Dolington Estates I across the Hackman property and terminating north of Woodside Road where improvements were made several years ago. There is storm drainage which will also be installed, and there will be a curbed roadway. They are proposing to reconstruct the narrow bridge with a double box culvert that will carry the thirty foot roadway curb to curb and extend to the point where it can carry an eight foot bikepath on the east side. The bikepath will be extended to Woodside Road. The bridge will have a stone face.

Mr. Strahle stated he is concerned with a bikepath being installed adjacent to where heavy trucks are traveling.

Mrs. Godshalk noted there is also a high bank at the corner of Woodside Road. Mr. Gouza stated the bikepath on the east side which extends from Washington Crossing Road to Woodside Road is implementation of the Master Plan. Mr. Gouza stated there will be a barrier curb and the bikepath is offset five feet. He stated the Township is responsible for acquiring the right-of-way across the TransCo pipeline to effectuate the bikepath. He feels there is sufficient right-of-way along the Minehart property. Mr. Strahle stated his concern is bringing it across the bridge. Mr. Gouza stated there will be a guardrail between the structure and the bikepath.

 

Mr. Garton stated he feels Toll Bros. would be willing to pay the Township Fee-In-Lieu of construction of the bikepath, and the Township could do it at their leisure.

Mr. Hackman stated he has never seen the Final Plans for the road improvements in front of his home. He stated earlier this year he was contacted by Toll Bros. who wanted him to sign off on the improvements, and he indicated he would not sign off until he saw them. He subsequently received a letter from Mr. Kaplan indicating if he would not sign off, they would not tie in his driveway. He then received a letter that his property was being taken off the Plans since this was the only way PennDOT would approve the Plans. He stated the new level of the road must tie in with his driveway, and he would like to see this made a condition of Approval. Mr. Hackman stated he has been advised he will have continual access to his driveway throughout construction, but he has been advised by Mr. Gouza that there are plans to install a temporary driveway. He would like a Condition placed that they will restore his property to its original condition. He stated there are also six large trees along the right-of-way and since the curbs will be going near those trees, he is concerned about the impact this will have on the trees. He stated if the trees are damaged, he feels they should be replaced with other large tress. He noted concern with the appearance of the guardrail at the entrance to his property. He stated he has been advised they will use wood posts and "rusted" rails. He stated he has never seen the stone they are considering for the face of the bridge. Mr. Garton noted he does have a brochure that Mr. Hackman can look at. Mr. Hackman stated there is a need for a bikepath all along Lindenhurst Road. He stated when the road was re-built by the Township it came away from the Minehart property so there is room for the bikepath at that location.

Ms. Irene Koehler asked the weight limit for the bridge, and Mr. Gouza stated it will not be restricted. Ms. Koehler stated she feels the bridge should be small and weight restricted so they can keep the trucks off as was done in Wycomb. Mr. Garton stated in that instance the Township agreed to take over the bridge and maintain it in perpetuity. Mr. Fegley stated this is not a historic bridge as was the case in Wycomb. Mr. Fegley stated he feels the bridge should be made safer. Ms. Koehler stated she is not opposed to some widening, but feels it should be restricted in some way.

Mr. Fegley stated the bridge is currently not restricted and he does not feel they should make the bridge less suitable for traffic and feels improvements to the bridge are necessary. Mr. Gouza noted the current width is approximately eighteen feet, and they are going thirty feet curb to curb. This will match what has been built on the north and south ends. Mr. Gouza noted the majority of the construction is on the development side.

Mr. Franckoviack asked for a review of the project.

Mr. Garton stated the Plan was approved at a public meeting eighteen to twenty-four months ago. The Township requested that both ends match and the Township asked that the bridge be replaced. The developer will pay for the portion of their frontage, Impact Fees, and an additional contribution for off-sight improvements.

Mr. Fazzalore moved and Mr. Fegley seconded to approve the Improvements to Lindenhurst Road subject to:

1) The tie-in to the Hackman driveway be effectuated on the Plans and occur during construction;

2) The Hackmans have access to their property during construction and if a temporary driveway is installed, the property should be restored to its original condition;

3) If any trees are damaged or destroyed during construction within one year of the completion of construction they will be replaced.

Motion carried with Mr. Fazzalore, Mr. Fegley, and Mr. Strahle in favor, Mrs. Godshalk opposed, and Mr. Hackman abstaining.

Mr. Fazzalore moved and Mr. Fegley seconded to approve the Development Agreement for Dolington Estates. Motion carried with Mr. Fazzalore, Mr. Fegley, and Mr. Strahle in favor, Mrs. Godshalk opposed, and Mr. Hackman abstaining.

 

APPROVAL OF DEVELOPMENT AGREEMENT FOR RITE AID PLAZA

Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to approve the Development Agreement for Rite Aid Plaza.

 

APPROVAL OF GRADING AGREEMENT FOR STEWART’S FIELD

Mr. Garton stated he has prepared the Grading Agreement consistent with past practices and the figures have been provided this evening.

Mr. Fazzalore moved, Mr. Godshalk seconded and it was unanimously carried to approve the Grading Agreement for Stewart’s Field.

 

GRANT EXTENSION OF TIME TO WILSHIRE GLEN

Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to grant an extension of time to Wilshire Glen Preliminary Plan until 12/12/99.

 

DENY REQUEST FOR DEDICATION OF LOST TREE

Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to deny the request for Dedication of Lost Tree due to outstanding PCS and CKS items.

 

APPROVAL OF RESOLUTION NO. 1034 ACCEPTING DEDICATION OF FARMVIEW, VILLAGE V - KIMBLES FIELD

Mr. Garton noted all trailers except one will be removed prior to this occurring, and the staff has recommended that this be approved.

Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve Resolution No. 1034 accepting Dedication of Farmview, Village V - Kimbles Field.

 

APPROVAL OF RESOLUTION NO. 1035 ACCEPTING DEDICATION OF THE SANCTUARY

Mr. Garton stated all items have been satisfied and the staff recommends approval.

Mrs. Godshalk moved, Mr. Hackman seconded and it was unanimously carried to approve Resolution No. 1035 accepting Dedication of The Sanctuary.

 

APPROVE GRANTING OF CERTIFICATE OF APPROPRIATENESS TO FIRST UNION BANK, 706 STONY HILL ROAD

Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to grant Certificate of Appropriateness to First Union Bank, 706 Stony Hill Road for replacing existing concrete pad and walkway.

Mr. Bob Scanlon representing First Union asked if they would now be able to get the permit, and Mr. Garton stated they can get this tomorrow at the Township Office.

 

APPROVE GRANTING OF CERTIFICATE OF APPROPRIATENESS TO FIRST UNION BANK, 679 HEACOCK ROAD

Mr. Hackman moved, Mr. Fazzalore seconded and it was unanimously carried to grant Certificate of Appropriateness to First Union Bank, 679 Heacock Road to locate ATM machine inside the vestibule.

 

DISCUSSION OF TOWNSHIP ENGINEER’S ACTIVITIES REPORT

Mr. Gouza stated they prepared an up-to-date activities report which was submitted to the Board of Supervisors.

Mr. Hackman noted the Oxford Road Bridge and stated the Board had asked that Yardley Borough be contacted and advised of their share of the project. Mr. Gouza stated the vote of the Board was to award the bid and the Contracts were executed. A notice to proceed has been issued. Mrs. Godshalk stated since Yardley Borough is under a Court Order to pay 20%, the Board decided to get the project underway.

Mr. Strahle asked the status of the bikepath on Black Rock Road in front of the Water Company building. Mr. Gouza apologized for not including this item in the report. He stated it was approved by the Board to be constructed by the Public Works Department. Since Black Rock Road is a State Highway they needed to apply for a permit since they need to cross the drainage course east of the Canal to widen the structure. The State has indicated they want verification from the Water company that they will allow them to construct the bikepath on their property. Mr. Gouza stated he has been in conversation with the Water Company on a number of occasions and the local people are not able to make the decision. Jim Badey has advised that the Water Company is not likely to allow an easement on their property. Mr. Gouza stated he has asked a number of times that they put this in written form to Mr. Fedorchak so they can so advise the Board. Mr. Badey is now attempting to convince his superiors that they do not need an easement and they only need the right to construct the bikepath on the Water Company property assuming the Township will maintain it.

Mr. Fazzalore stated the Report indicates the paving program will be completed in September, 1999; and he asked if it has started yet. Mr. Gouza stated while it has not yet started, once it begins it will go quickly.

Mr. Fegley stated there has been little opportunity this summer to monitor how well the detention basins are functioning but asked if they are monitoring the sedimentation controls. Mr. Gouza stated since the rain over the weekend they have been in the process of evaluating whether they are functioning as they anticipated. He stated they did send their people out during the Friday and Saturday storms.

 

APPROVAL TO SEND LETTER TO REQUEST PENNDOT TO PERFORM REGIONAL ENGINEERING AND TRAFFIC STUDY IN ACCORDANCE WITH ACT 67 PA CODE SECTION 201.82

There was discussion on the letter to be sent to PennDOT requesting they perform an engineering and traffic study for Lindenhurst and Stoopville Roads in accordance with Act 67 PA Code Section 201.82.

Mr. Hackman stated as a result of Mr. Gouza’s request for additional information on the permit for CAU they did receive a copy of the traffic impact analysis. He stated they have turned this over to the Traffic engineer who will provide a complete report. Mr. Hackman stated the analysis indicates the access will be a single access road/drive to intersect Lindenhurst Road and prior discussions have indicated the Township may wish to extend this to the westerly property limit to possibly serve future development on Upper Silver Lake Road. Mr. Hackman stated it seems clear there is a good possibility that this will be extended to the entire O/R District which directly contradicts things they have heard previously from Newtown Township. Mrs. Godshalk stated she specifically asked the developer about this happening and his answer was he did not own the property and it was not the plan to take the road there. She stated this was to be a private CAU road and not a Newtown Township Road.

Mr. Garton stated they are indicating that the Traffic Engineer was asked to analyze the access two ways - one by having simply a CAU access and two - if the driveway was made into a roadway.

Mr. Fegley stated the request to PennDOT to perform a study came out of the meeting held by Mr. Steil with Newtown Township and Lower Makefield Township. PennDOT has proposed to do a regional traffic study of all State roads in Upper Makefield, Newtown Township, Lower Makefield Township, and Wrightstown. Mr. Fegley stated the Agenda item requesting an engineering and traffic study for Lindenhurst & Stoopville Roads is erroneous since they were to request that PennDOT conduct a regional study not only Lindenhurst and Stoopville Roads.

Mr. Franckoviack stated Senator Conti promised an Action Plan by the time school opened. He stated if they endorse a study now this takes the Representatives off the hook. He stated if PennDOT wants to do a study on their roads, he does not feel they should have to ask permission from the Municipalities.

Mr. Fegley stated PennDOT does not necessarily want to do the study but will do so if requested. He stated this is part of the Action Plan discussed by Mr. Steil and Mr. Conti.

Mr. Fegley stated since this is a regional problem, he feels it should be addressed regionally. He stated they will also look into more enforcement measures for the truck problems since they are not particular to Lower Makefield Township. He stated there will be another meeting with Representative Steil in September. Mr. Franckoviak stated he feels these issues have been studied for four years. He stated the By-Pass was built for trucks and the answer is the trucks should be made to use the By-Pass as soon as possible. Mr. Fazzalore stated because this problem involves increasing traffic which will continue as development moves north, he feels there does need to be a regional study for all roads. Mr. Strahle stated he would not be in favor of any regional study that does not include Scudders Falls Bridge.

Mr. Reuben Anders stated the trucks do not use the By-Pass because the timing of the lights is off. Mr. Fazzalore stated Newtown Township has allocated funds to correct the timing problems on the By-Pass, and the project should be completed within the next ninety days.

Mr. Dennis Smith stated he sent a letter to PennDOT asking about the geometries of the roads. He stated the trucks routinely drive into the oncoming turning lanes and are not able to stay within their lanes. He stated cones could be set out to make the trucks negotiate the roadways. He stated a PennDOT representative indicated to him that if the Township came to them and discussed these types of management problems, PennDOT would look into these issues. Mr. Smith stated Lower Makefield should also stop development from occurring as was done in Upper Makefield. Mr. Fegley stated a landowner can sell the property to any developer and the Township can only then make sure that the development takes place in accordance with existing Ordinances. He stated the Lower Makefield Township Board of Supervisors does not invite development and has been active in the preservation of open space and farmland. He noted the Board has received over 350 acres as part of the Farmland Preservation Corporation and recently spent $7.2 million to preserve the Patterson Farm to stop it from being developed. Mr. Smith stated he understands they also recently spent a significant amount of money to purchase the twelve acre Elm Lowne Tract and these funds could have been used to purchase more open space.

Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to request PennDOT to perform a regional engineering and traffic study in accordance with Act 67 PA Code Section 201.82.

 

DISCUSSION ON TIMING OF LIGHTS

Mr. Hackman stated Lower Makefield entered into an agreement with Falls Township to time the lights from Old Route 1 to Big Oak Road, and he asked the status of this project.

Mr. Fedorchak was asked to look into the status of this.

Mr. Garton left the meeting at this time. Mr. Koopman joined the meeting at this time.

 

DISCUSSION, MOTION AND TABLING OF PROPOSED AMENDMENTS TO FARM BUSINESS ORDINANCE

Mr. John Koopman and Ms. Lynn Bush were present. Ms. Bush noted the report dated 4/14/99 which was a report from the Farm Business Ordinance Committee. She stated the Committee met numerous times and reviewed word for word the provisions of the current Ordinance. She stated there were a number of items they could not reach agreement on and the package received by the Board includes a list of those items. They were able to agree to some recommendations for changes to the Ordinance, and she has provided a reprint of the Ordinance with the changes noted.

There was discussion on the unresolved issues on Page 3 of

the memo. Item #1 was noted which has to do with going beyond farm related activities and a list of possible activities which may occur on open space were noted. Item #2 refers to permit procedures and whether or not Conditional Use should be required. Item #3 refers to eligible properties and which would be eligible for the Farm Accessory Use and whether this should be based on size and if so, what size it should be. Item #4 discusses hours of operation, and they could not reach agreement on the hours of operation for uses other than farm operations. Items #5, #6, and #7 deal with specific events they could not agree on such as concerts, other social events such as picnics and weddings and Light Shows. Item #8 deals with whether lawn mower and equipment repair services should be permitted. Item #9 refers to Rural Enterprise since some of the farmers felt this term should be included as something that is permitted. Since there was not a clear definition for this, the Committee was reluctant to agree to this. Item #10 refers to signs and whether a farm business must abide with the regulations for the use or should they comply with the O/R or R-1 regulations.

Mr. Koopman noted Item 2C regarding State law. He stated Act 43 and other Acts allow the direct sale of agricultural commodities from a farm if more than 50% of the products are produced by the farm operator. He stated other than that statement, there is very little guidance or case law as to what this means. He noted his memo to Nancy Frick dated 12/15/98 wherein he tried to address this issue. He stated the Township must consider if they are requiring a permit or Conditional Use if a farmer wishes to sell products at a roadside stand grown on his farm. Mr. Koopman stated they felt if someone were to have a temporary stand to sell products for a few months a year, the Conditional Use may be onerous and only a permit would be required if there was a temporary structure associated with the sale. Some members of the Farm Committee stated they should not have to go through Conditional Use approval even if it involved a permanent structure.

Mr. Strahle asked why they should include an ambiguous term such as Rural Enterprise into the Ordinance. and Mr. Koopman stated he does not feel they should. He stated both he and Mr. Dave Fleming were unable to find a definition. The Board of Supervisors agreed that the term Rural Enterprise should not be included in the Ordinance.

Mr. Fegley stated he does not have a problem with the Light Show or corporate affairs but he does have a problem with large concerts. He stated he recognizes Shadybrook does have music associated with their hayrides, and he is not sure if this would be considered a concert. He stated there should also be a distinction between residential and non-residential. He does not feel a Light Show would be suitable for a residential area of the Township. He stated he feels they should look at the traffic concerns and the numbers of people attending each event. He would not require any more permits than are currently required except for special events. He feels they should have a Special Events category and limit the number of people and number of cars that can come to the property. He stated he feels the Ordinance should be tailored to the ability to handle crowds and not to specific events.

Mr. Koopman stated he feels a decision was made by the Board to permit Light Shows in a non-residential District of the Township.

Mrs. Godshalk stated many of the farmers are in residential Districts. She noted many people have one hundred people at their home for picnics and she does not feel a farm located in a residential District should be restricted. Mr. Fegley stated he feels it would have to be more circumscribed if they are in a residential District. He stated he feels they should therefore require permits so this can be monitored.

Mr. Fazzalore asked what they would do if the farmer comes in and indicates a certain number of people will be in attendance and then many more than that number come in. He stated he is not opposed to any of the activities proposed except for concerts and equipment repair.

Mr. Hackman stated he is concerned that no matter how the Ordinance is written the Flemings will be interested in expanding on the activities permitted. He stated the activities are supposed to be farm related and if any landowner with over twenty-five acres is permitted to do whatever they wish, there will be problems. Mr. Hackman stated he does not feel the issues being discussed are related to farming and he would be opposed to all of them. Mr. Hackman stated he feels this is a short-term problem since the value of the properties is such that they will be sold for other uses. He would be in favor of controlling it closely.

Mrs. Godshalk stated while she is in favor of monitoring it closely, she is not in favor of discriminating between Residential and O/R. She does not feel they should be permitted to have concerts although she would not have a problem with music provided it is not amplified.

Mr. Fegley stated he feels it is unrealistic to expect farmers to subsist solely on farming.

Mr. Paul Gunkel stated the original concept that it had to be farm related was based on the fact that this had to be a farm. He stated other activities are not farm-related and there are other properties in the Township which could also use extra income. He stated if they have a three acre property they may want to have a corporate picnic on their property as well. He stated if they allow this, it will wipe out the Zoning Ordinance. He feels it will be hard to control if they get away from the principle that it must be farm related. He noted a Light Show is not farm related.

Mr. Fegley stated he would distinguish between an O/R property and the Residential District. Mrs. Godshalk noted there are people living in O/R Commercial Zones.

Ms. Irene Koehler stated the Township residents should be asked what they want. She stated she feels the Township residents want Shadybrook Farm to stay and feels this should be put on a Referendum.

Mr. Dave Fleming stated Act 133 protects the farms from the Township. He stated he would like to see in the Ordinance the right to do what Act 133 says they can do - deal in different commodities. Mr. Koopman stated there were numerous debates regarding what the State law indicated farmers could do. The purpose behind the Farm Business Ordinance was to permit the farmers to go beyond State law to supplement their income, and the question was how far beyond State law should they be permitted to go.

 

Mr. Fegley stated this came about because there were farmers that were already doing a number of activities, and there were no Township Ordinances addressing these activities. He stated he would like to have more warning and the ability to monitor the activities before they take place. This is why he would suggest that the landowner come in well in advance of the activities with a specific plan of what they want to do. If the Zoning Office has any question whether it should be permitted, it should then be brought before the Board of Supervisors. Mr. Gunkel stated the Board of Supervisors would then be taking over the job of the Zoning Hearing Board. Mrs. Godshalk stated the Zoning Office wants to see clear direction on what is permitted.

Mr. Strahle stated he does not feel the Board of Supervisors is in favor of Item #8. He also stated they should not allow the hours of operation to go past 10:00 p.m.

Mr. Hackman moved and Mrs. Godshalk seconded to table the Ordinance and that the Board members come back at the next meeting with their ideas. Motion did not carry as

Mrs. Godshalk and Mr. Hackman were in favor and Mr. Fazzalore, Mr. Fegley, and Mr. Strahle were opposed.

Mr. Fegley moved and Mr. Fazzalore seconded to table with the exception of Items #4, #7, #8, #9 under Unresolved Issues as these items have been resolved. Motion carried with Mr. Fazzalore, Mr. Fegley, and Mr. Strahle in favor and Mrs. Godshalk and Mr. Hackman opposed.

DISCUSSION OF TOWNSHIP PARKS NAMES POLICY

Mr. Fedorchak noted members of the Stoddart Family are present this evening. Mr. Tom Stoddart stated his sister contacted the Township when the Stoddart Complex sign was removed, and she was told the sign would not be put back up. He noted the Board of Supervisors voted for this sign in 1988.

Mr. Fegley stated he feels since a predecessor Board voted to name the Park in this gentleman’s honor, he does not feel it is the right of this Board to change that decision. He stated he would like to see the Complex identified as a Lower Makefield Township facility.

Mr. Hackman stated he was surprised to see the Board of Supervisors had taken action on this many years ago. He stated he feels they made a mistake. He stated the current Board has discussed on a number of occasions a "Names Policy" and the one thing they agreed on was there should not be Parks named for people. Since there are a number of people who could be recognized, this could create a problem determining who should and should not have their name on a Park. Mr. Hackman noted a number of people were very involved in the creation of the Township Park across the street from the Township Complex. Mr. Fegley stated he too was opposed to proper names on Township fields; however, since a prior Board did this, he would not object to it provided Lower Makefield Township is in large letters on the sign with Stoddart Field underneath.

Mrs. Godshalk stated she was on the Board that originally voted for this. She stated the sign was taken down because it was in poor condition, and the Board felt they should discuss the matter further. She stated she feels it would be a good policy in the future not to name Parks for specific people since feelings could be hurt.

Ms. Bonnie Stoddart stated the family did not come to the Township and request this. The request to name the Park was made by PAA. She stated it was called Stoddart Complex and the three individual fields were named for three other individuals. She also noted these fields were dedicated and she asked how the Township can now undedicate them.

Mr. Fegley stated this is why he is in favor of leaving this as Stoddart Complex although he would be in favor of a change to the policy from this day forward.

Mr. Strahle stated this goes far beyond only this one Complex. He stated the fields should be referred to as Lower Makefield fields and not Yardley fields. Mr. Strahle stated it is not unheard of to re-name facilities.

Mr. Fegley stated he feels each circumstance should be considered on its own merit. He stated he feels if they want to pass a policy that no personal names be used for Parks in the future he would be in favor, but he does not feel it should be done retroactively.

Mr. Strahle stated he feels they should ask Mr. Fedorchak to draft a Policy whereby they could recognize members of the community but also include that all facilities should be identified as Lower Makefield Township, including the entrances to the Township.

 

APPOINT MARCH ASSOCIATES TO DEVELOP MASTER SITE DEVELOPMENT PLAN FOR THE PROPERTY THE TOWNSHIP OWNS AT WOODSIDE ROAD

Mr. Fedorchak stated $25,000 was budgeted for this item. Five proposals were received with the low bid being submitted by March Associates in the amount of $9,600. Mr. Fazzalore noted the difference between the high and low bids.

Mr. Fedorchak stated the difference was the amount of time they were devoting to a particular function and the difference in the hourly rates. He noted the Board of Supervisors and the Park & Recreation Board already have a draft plan in place so some of the work has been done, and the thinking was to fine tune the plan and see if it could be improved upon. Mr. Fedorchak stated he has reviewed the qualifications of the low bidder.

Mr. Fazzalore stated he is concerned that they are planning for a Park for which they do not have funds to complete. Mrs. Godshalk stated she feels they should take the next step on the Park. Mr. Fegley stated at the Budget Session the Board of Supervisors discussed this matter and voted to proceed with the Master Plan.

Mrs. Godshalk moved and Mr. Hackman seconded to appoint March Associates to develop a Master Site Development Plan for the property the Township owns at Woodside Road at a cost of $9,600.

Ms. Karen Freedman stated she feels this plan may be obsolete unless they plan to develop the Park within the next two years. She noted funds were also spent for a Community Center Plan which will not be built. Mr. Fegley stated in the upcoming Budget discussions he hopes they will be able to earmark funds to start development at this Park. He stated the Plan could be revised by a future Board.

Mr. Fedorchak stated he has scheduled a kick off meeting for September 14 which is the same night as the regular Park & Recreation Board meeting, and has asked Mr. Gouza to attend as well as those who will be involved in the design of the Park. He also agreed to invite the surrounding residents.

Mrs. Godshalk asked if they could have a schedule of future meetings, and Mr. Fedorchak stated he has suggested that the meetings be held during the Park & Recreation Board meetings but they could discuss this further. He stated they anticipate they will have the final design of the Master Plan in early December. Mr. Fazzalore stated this would be too late for the Budget, and Mr. Fedorchak stated they will have a preliminary plan in advance of this so that they can determine start up costs during the Budget process.

Motion carried unanimously.

 

APPROVE AGREEMENT WITH BUCKS COUNTY FOR THE PURCHASING, PROCESSING, AND MARKETING OF RECYCLABLE MATERIALS

Mr. Fazzalore moved and Mr. Hackman seconded to approve the Agreement with Bucks County for the purchasing, processing, and marketing of recyclable materials.

Mr. Reuben Anders stated funds are going to the State and the State comes back to the County and says any Township that participates will get funds back. He stated the Township is therefore working with the County. He stated Lower Makefield is ranked Number 1 in recycling for the larger Townships. He stated they were getting $10 a ton for comingles and $20 a ton for paper from Otter but they are not getting anything at the present time. He stated it costs them approximately $85 a ton for pick up.

Motion to approve carried unanimously.

 

APPROVE LEASE AGREEMENT WITH LINDA SCE FOR THE WARREN FARRINGER HOUSE

Mr. Fedorchak stated the previous tenant at the Warren Farringer House was paying $750 a month. He stated he has had discussions with several people interested in leasing the House and Linda Sce has offered $900 per month.

Mr. Hackman moved, Mrs. Godshalk seconded and it was unanimously carried to approve the Lease Agreement with Linda Sce for the Warren Farringer House.

 

APPROVE REVISION OF MOON NURSERY RECOMMENDATION

It was agreed to revise the Moon Nursery recommendation previously made on July 19, 1999 as follows:

Mr. Fazzalore moved and Mr. Fegley seconded to direct the Park & Recreation Board to discontinue further pursuance of the Moon property. Motion carried with Mr. Hackman and

Mr. Strahle opposed.

 

APPROVAL OF JULY 19, 1999 MINUTES

Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve the July 19, 1999 Minutes as amended.

 

DISCUSSION OF TRAFFIC ENFORCEMENT IN THE LINDENHURST/ STOOPVILLE AREAS

The Township Manager and Police Chief were directed to work with the Newtown Township Manager and Police Chief and other interested communities to enhance traffic enforcement in the Lindenhurst/Stoopville areas.

 

APPROVAL OF AUGUST 2, 1999 AND AUGUST 16, 1999 WARRANT LISTS

AND JULY, 1999 PAYROLL

Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve the August 2, 1999 and August 16, 1999 Warrant Lists and July, 1999 Payroll as attached to the Minutes.

 

APPROVE RESOLUTION NO.1036 TO ESTABLISH AND MAINTAIN TRADING ACCOUNTS WITH CHARLES SCHWAB & COMPANY FOR THE POLICE AND NON-UNIFORMED PENSION PLANS

Mr. Taylor stated they have notified First Union that they will be moving their funds and they are opening trading accounts with Charles Schwab & Company.

Mr. Fazzalore moved and Mr. Hackman seconded to approve Resolution No.1036.

Mrs. Godshalk noted she was on the Pension Committee and this name never came up. Mr. Taylor stated this is the company that they will deal with and the rate schedule was based on using them. He stated Meridian invested only in their own funds. Mrs. Godshalk stated they will now have to pay brokerage fees. Mr. Taylor stated the costs will be almost exactly what they were paying before.

Motion to approve carried unanimously.

 

APPROVE INVESTMENT ADVISORY AGREEMENT WITH MANCHESTER ADVISORS

Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve the Investment Advisory Agreement with Manchester Advisors.

 

SUPERVISORS’ REPORTS

Mr. Hackman stated he met for at least one hour with the Acting Chief of Police to discuss Emergency Management and also met with Mr. Fedorchak on this matter. One of the things holding them back from updating the Plan is they need representatives from the volunteer groups. Acting Chief Bainbridge stated the Chiefs have been advised they need to meet.

Mr. Hackman stated they will be bringing the legal business to a conclusion with regard to the Golf Course. Mr. Fegley stated they will still have to go through the Board of Review process providing the property owners do not appeal.

Mr. Fazzalore stated the Township Manager should notify the Rescue Squad representatives that there is a problem with the Lease, and they should be discussing this with the Township.

Mr. Hackman stated the Zoning and Planning Department is in discussion about a new housing development at the Harris Farm. He noted Ms. Nancy Frick made a special effort to come back from vacation to attend a meeting on this matter, and he feels she should be thanked for her efforts.

Mr. Fazzalore noted the letter from Susan Mickelwright of Yardley Borough regarding sidewalks on Afton Avenue which indicates they cannot afford to pay their share. He suggested that nothing be done until they can pay their share. He stated they have indicated they would be willing to participate in writing a Grant, and he would be in favor of this. Mr. Fedorchak was asked to proceed with this.

Mr. Fazzalore stated the Pool has met its Budget again this year.

Mrs. Godshalk stated she feels the Board should consider if they are going to continue to have the Ethical Standards Board, and if so, they should staff it.

 

COMMUNITY CENTER DISCUSSION AND MOTION TO DIRECT TOWNSHIP MANAGER TO ADVERTISE FOR COMMITTEE MEMBERS

 

Mr. Fegley asked the Board of Supervisors to discuss setting up the new Committee for the Community Center. He stated he feels they should advertise for applicants and begin to interview potential members of the Committee. He asked that the Township Manager be directed to advertise for members.

Mr. Hackman stated he feels they should proceed with the project and feels this will be a Senior Citizen Center. He stated they are already aware of who the Seniors are.

Mr. Fegley and Mr. Strahle stated they did not feel this would only be a Senior Citizen Center. Mr. Strahle stated he felt that they created a Committee to consider a Community Center. Mr. Hackman stated a significant amount of money has already been spent and a lot of work done; and he feels at this point, the job is to determine how much they can spend. He also does not feel this must go back out for a Referendum.

Mr. Fegley moved and Mr. Strahle seconded to direct the Township Manager to advertise five more spots for a total of seven Committee members to reconsider all issues related to the Community Center. Motion carried with Mr. Fegley,

Mrs. Godshalk, and Mr. Strahle in favor, Mr. Hackman opposed, and Mr. Fazzalore abstaining.

DISCUSSION ON ELM LOWNE AND MOTION TO CONTINUE NEGOTIATIONS WITH THE HISTORIC COMMISSION

Mrs. Godshalk stated in Executive Session she brought up the fact that the Historic Commission would like to rent a room at Elm Lowne for $3,600 a year for a historic museum and to use it at night for their meetings. Mr. Fazzalore stated he would not be in favor of this since it was indicated at a prior meeting that the house would need restabilization. Mrs. Godshalk stated the architect indicated this would be necessary for large groups.

Mr. Fedorchak stated he has asked BIU to look into what, if anything, needs to be done. He stated when the original report was prepared, the idea was that this would be a Community Center with hundreds of people in the building.

Mrs. Godshalk stated while they do not have to vote on this matter this evening, she would like an indication if the Board would be in favor of this so she can advise the Historic Commission. She noted the Garden Club has also indicated they would like to use it and they would also be willing to pay.

Mr. Fazzalore asked if there was sufficient room to park cars. Mr. Gunkel stated they should follow the Township Ordinance with regard to parking requirements.

Mr. Fedorchak stated he felt the Board of Supervisors indicated they wanted to keep their options open and did not want to commit themselves to any one group for an extended period of time. Mr. Fegley stated he is opposed to any long-term use without seeing a plan from the Elm Lowne Committee.

Mr. Gunkel asked if they should not have a building permit and occupancy permit.

Mr. Fedorchak stated he does not feel there are any problems with special events which may take place between now and the end of the year.

Mr. Fegley stated he is opposed to a long-term lease until they hear a cohesive long-term plan. Mrs. Godshalk stated part of the long-term plan is to use this one room.

Mrs. Godshalk moved and Mr. Hackman seconded to continue negotiations with the Historic Commission to rent one room for a museum and to use it one night a month for eight meetings at a cost of $300 per month.

Mr. Fegley asked if they have solicited other groups.

Mrs. Godshalk stated they are only interested in one room.

Mr. Strahle stated he feels they need to see a plan. He stated if a Lease is presented and there is no plan, he will not vote in favor of it.

Mr. Fazzalore stated he wants the plan to show how much will be charged for people attending a special event.

Motion approved with Mrs. Godshalk, Mr. Hackman, and

Mr. Strahle in favor, and Mr. Fazzalore, and Mr. Fegley opposed.

APPROVE CANCELING SEPTEMBER 6 MEETING DUE TO THE LABOR DAY HOLIDAY

Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to cancel the September 6, 1999 meeting due to the Labor Day Holiday.

There being no further business, the meeting was adjourned at 11:00 p.m.

Respectfully Submitted,

 

 

 

Frank Fazzalore, Secretary