TOWNSHIP OF LOWER MAKEFIELD
BOARD OF SUPERVISORS
MINUTES - NOVEMBER 1, 1999

Prior to the start of the meeting, Mr. Fred Allan was sworn in as a Supervisor by Judge Adamchak.

The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on November 1, 1999. Chairman Hackman 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 personnel and legal matters.

Those present:

Board of Supervisors:

Wesley Hackman, Chairman

 

Frank Fazzalore, Secretary/Treasurer

 

Fred Allan, Supervisor

 

Scott Fegley, Supervisor

 

Grace Godshalk, Supervisor

Others:

Terry Fedorchak, Township Manager

 

Jeffrey Garton, Township Solicitor

 

Jan Gouza, Township Engineer

 

Joseph Bainbridge, Acting Chief of Police

PUBLIC COMMENT
Ms. Sue Herman stated the Courier Times reported that there will be a meeting between Newtown Township officials, Lower Makefield Township officials, and Representative Steil on November 18 concerning the unsafe truck traffic issue. She asked who from Lower Makefield would be representing the Township at that meeting. Mr. Hackman stated he did not have any knowledge about that meeting. Mr. Fedorchak stated he was asked last week by Mr. Steil’s office about possible dates. He has not received a confirmation from Mr. Steil’s office regarding the date of the meeting. Mr. Fegley and Mr. Hackman stated they would try to attend the meeting. Ms. Herman asked if the residents could be advised of the date. Mr. Fegley stated he does not feel Mr. Steil generally permits members of the public to attend this type of meeting. Ms. Herman asked if a letter was sent to Representatives Steil and Conti about the synchronization of lights. Mr. Fedorchak stated the Inter-Governmental Cooperation Agreement to be signed was just received last week and will be put on the next Board of Supervisors’ Agenda for approval. He stated both Mr. Steil and Mr. Conti have been contacted about moving this issue forward.

Mr. Paul Krupp of University Drive in the Sandy Run section stated over the years there have been discussions on the property values in Lower Makefield Township and the quality of life. He stated he would like to note a problem that has been expanding over the years which is the expansion of the airport in New Jersey which he feels will impact the quality of life. He has provided literature on an upcoming meeting regarding this issue and unless the public attends this meeting, they will not have another opportunity to discuss this matter. Mr. Hackman stated the literature provided indicated Mercer County is the organization that is deciding the scope of the project. He asked if the Township should do their own study and Mr. Krupp stated it will be administered by the FAA. He stated they have been invited by Congressman Greenwood’s office to attend the meeting. He added he feels it is better to have the grass roots organizations involved. Mr. Krupp stated they want to put in four jetports, extend the main and auxiliary runways, and install taxiways. They are negotiating with Southwest Airlines to fly out of this airport. Mr. Krupp stated the meeting will be held on November 8, and Mr. Hackman stated he would like to attend the meeting with Mr. Krupp.

DISCUSSION AND MOTION ON EDGEWOOD ROAD SPEED LIMIT

Mr. Bill Gibney stated last month he sent a letter to the Township regarding the speed study done by PennDOT on Edgewood Road. He stated half the cars clocked were exceeding the speed limit of 40 miles per hour but PennDOT has indicated the conditions do not warrant reducing the speeds on Edgewood Road. He stated since that time he has been advised by an elderly resident that she had a near miss coming out of Stony Hill Road near the Emergency Squad. Mr. Gibney stated he would like to contact PennDOT about this since there is a blind spot involved; and he would like to indicate, with the Board’s permission, that the Township would be willing to pay for replacement of the 40 mph signs with 25 mph signs. He feels PennDOT would be more agreeable to this if the letter came from the Board of Supervisors or the Township Manager.

Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to authorize the Township Manager to write a letter to PennDOT indicating the Township would be willing to pay for replacement of signs from 40 mph to 25 mph from below Edgewood School to the east and past the curb on Edgewood Road.

APPROVAL OF MINUTES

Mr. Fazzalore moved and Mrs. Godshalk seconded to approve the Minutes of October 11, 1999 as written. Motion carried with Mr. Allan abstaining.

Mrs. Godshalk moved and Mr. Fazzalore seconded to approve the Minutes of October 18, 1999 as corrected. Motion carried with Mr. Allan abstaining.

APPROVAL OF DOLINGTON ESTATES RECAPTURE AGREEMENT

Mr. Hackman excused himself from the discussion since he is effected by this Agreement.

Mr. Garton stated this calls for subsequent developers of new construction, not private individuals, to reimburse Toll Bros. for some of their costs. Mr. Hoffmeister stated the numbers have been agreed to by CKS and Toll. Bros.

Mr. Fazzalore moved, Mrs. Godshalk seconded to approve the Dolington Estates Recapture Agreement.

Mrs. Godshalk asked how sewers are getting to the Kapetanovic Subdivision, and Mr. Garton stated they are going through an easement to the rear of Dolington Estates I. Mr. Hoffmeister stated this will not provide for any sewering into any other municipalities. Mrs. Godshalk noted they are looking to extend lines to provide sewers to two churches in the area and running the sewers in the front may help this. Mr. Edward Murphy was present and reviewed the plans they are considering to get sewers to the two churches noted.

Motion carried unanimously. Mr. Hackman did not vote on this matter.

APPROVAL OF FINAL PLANS FOR HIDDEN POND ESTATES

Mr. Edward Murphy was present. Mr. Garton reviewed possible conditions of approval. Mr. Murphy stated Item #1 of the CKS letter suggests that provisions be made to connect Lot #29 to the public sewer system. He stated this is the parcel that is to be retained by the Partenheimer family. He stated they have made provisions to provide a stub along the property frontage in event the family member who is living in the property would like to connect in the future. At the present time that individual does not want to connect since the sewer system is functioning properly. Mr. Hoffmeister agreed with this proposal to provide a stub (capped-off lateral). Mr. Hackman asked how they would ever connect if there are wetlands involved. Mr. Murphy stated this is why the family member living in the home does not want the line run at this time. Mr. Hackman stated if the property ever needs public sewers, the only way to get them would be through the wetlands. Mr. Murphy stated they would have to get a General Permit. Mr. Hackman stated this can be a huge problem. Mr. Murphy stated at this time the family member living in the property, does not want them on her property. Mr. Hoffmeister stated the developer has agreed to provide what was requested of him and this will not involve tearing up any streets in the future. He stated since the property owner does not want the connection, the Township would be trespassing if they were to go on the property. Mr. Hackman stated if the house ever needs to hook up to the public sewers, it is going to be very expensive, and he would prefer that the developer put it in at this time. Mr. Hoffmeister stated he does not feel they can force the homeowner to connect since the property is beyond the limit required for hooking up to the public sewers. Mr. Murphy stated the current property owner is satisfied with her system. Mr. Allan asked if the developer would agree to set aside funds so that if public sewers were required in the future, the funds to do so would be available.

Mr. Murphy stated they were not prepared to agree to this. Mr. Fegley stated the property owner is not required to hook up the property to the public sewers according to the Township Ordinance requirements.

Mr. Murphy agreed to the conditions outlined by Mr. Garton. The developer will install the stub only and will not be required to connect the stub to the house.


Mrs. Godshalk moved, Mr. Fegley seconded and it was unanimously carried to approve the Final Plans dated 8/15/97, last revised 9/29/99 subject to:

 

1)

Compliance with PCS letter dated 10/26/99;

 

2)

Compliance with CKS letter dated 9/10/99; with respect to Item #1 the developer will install the stub only and not be required to connect the stub to the house;

 

3)

Receipt of all permits and approvals by agencies having jurisdiction including but not limited to PennDOT;

 

4)

Funding and execution of Development and Financial Security Agreements;

 

5)

Compliance with the Fire Marshall’s letter dated 8/31/99;

 

6)

Continued compliance with the conditions of Preliminary Plan Approval which occurred 7/19/99 to the extent not satisfied;

 

7)

Applicant has agreed to pay Fee-In-Lieu of improvements to Stony Hill Road with the exact amount to be determined between now and execution of the Development Agreement.


APPROVAL OF FINAL PLAN FOR STEWART’S FIELD AT YARDLEY

Mr. Murphy and Mr. Vince DeLuca were present. Mr. Garton reviewed possible conditions of approval. Mr. Garton noted there are two outstanding issues. One is the issue of a street name which Mrs. Godshalk was opposed to because of concerns over confusion with similar sounding streets. It was noted the applicant also wishes to discuss with the Board of Supervisors forgiving some of the funds to be reimbursed to the Township for acquisition of right-of-way and certain street improvements done by the Township. With regard to the street name, Mr. Murphy stated they will agree to whatever name is recommended by the Township. Acting Chief Bainbridge and Ms. Frick will work on the name. A majority of the Board would not agree to waiving any of the funds due the Township. Mr. DeLuca agreed to the conditions of approval outlined by Mr. Garton.

Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve the Final Plans dated numerous dates including 9/21/98, 8/13/99, last revised 10/13/99 subject to:

 

1)

Compliance with PCS letter dated 10/27/99;

 

2)

Receipt of all permits and approvals by agencies having jurisdiction including but not limited to PennDOT;

 

3)

Funding and execution of Development and Financial Security Agreements;

 

4)

Compliance with Fire Marshall’s letter dated 9/21/99;

 

5)

Compliance with CKS letter dated 10/21/99;

 

6)

Continued compliance with conditions of Preliminary Plan approval dated 8/2/99;

 

7)

Name change of one street to be determined by Acting Chief Bainbridge and Ms. Frick and included on the mylars before they are signed.

SIGNING OF LINENS FOR ST. JOHN THE EVANGELIST PARISH CENTER AND BIBLE FELLOWSHIP CHURCH

Linens were signed following the meeting.

APPROVAL OF 1999-2000 EQUIPMENT RENTAL AND TREE TRIMMING BIDS

Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve the 1999-2000 Equipment Rental and Tree Trimming Bids.

APPROVAL OF SALE OF USED EQUIPMENT

Mr. Fegley moved and Mrs. Godshalk seconded approval of the sale of the 1984 GMC Truck, plow and spreader to Harris Blacktopping, Inc. in the amount of $4,591.

Mr. Fazzalore asked how they will use this piece of equipment. Mr. Coyne stated Harris does private plowing and it will be used only temporarily as opposed to the Township which uses the equipment every day.

Motion to approve carried unanimously.

Mr. Fegley moved, Mrs. Godshalk seconded and it was unanimously carried to approve the sale of the leaf loader to Ken’s Lawn Service in the amount of $3,900.


ZONING HEARING BOARD

Mr. Garton noted the variance request by R & J King for the property on Walnut Lane involves setback requirements to permit construction of a single family residence. He stated there is a wetlands intrusion and some other issues; and he feels the Township Solicitor should attend, not to oppose, but to ascertain exactly what is being requested.

Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to authorize the Township Solicitor to enter an appearance to find out additional information and report back to the Board of Supervisors.

LIAISON APPOINTMENTS FOR MR. ALLAN

Mr. Hackman asked that Mr. Allan act as Supervisor liaison to the Farmland Preservation Board, Sewer Authority, and Historic Architectural Review Board.

There being no further business, Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to adjourn the meeting at 8:20 p.m.