The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the municipal Building on August 2, 1999. Chairman Strahle 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 matters.


Those present:


Board of Supervisors:

William Strahle, Chairman




Scott Fegley, Supervisor


Grace Godshalk, Supervisor



Terry Fedorchak, Township Manager


Jeffrey Garton, Township Solicitor


Jan Gouza, Township Engineer

Joseph Bainbridge, Acting Chief of Police



Wesley Hackman, Supervisor



Mr. Herbert Wright of 1878 Newtown-Yardley Road expressed concern with the appearance of the office buildings in the area of his property. He stated, while the hotel appears to blend in with the surrounding area, the office buildings do not. He also noted concern with the lighting, specifically blinking blue lights inside the buildings.


Ms. Judy Weiss of 2106 E. Wellington Road stated many of the Afton Chase residents are concerned about the 1.5 mile walk required of middle school students to get to school. She asked if the Board of Supervisors could act as an intermediary between the residents and the Pennsbury School Board. Mr. Fegley stated attempts to act as an intermediary in the past have met with little success. Mrs. Godshalk stated in the past the Township did complete sidewalks in certain areas so that children could walk safely to School. Acting Chief Bainbridge stated he feels these Sixth through Eighth Grade students can walk safely to the Middle Schools since there are sidewalks. Mr. Garton stated the School Code in the State Law lists specific criteria for bussing.


Ms. Weiss stated she would like to see the ambulance service settled into the Edgewood Station and asked the status of the Lease Agreement. The Board noted they expected to meet with the Rescue Squad representatives this evening, but they did not show up for the meeting. Mr. Garton stated the Township has already loaned them the money to construct the building and provided the land. Mr. Fazzalore stated he is concerned that the Rescue Squad appears to be backing out of certain promises they made to the Township. Mr. Fegley noted the Rescue Squad is a private company.


Ms. Tamara Baldasari of 55 N. Homestead stated while she appreciates the Township's efforts to address safety concerns in her area, she does not feel anything they have proposed doing will help the South Drive and N. Homestead areas. She stated a stop sign should be installed at Wrightfield Road and S. Homestead as well as at a location on South Drive. Mr. Strahle stated they are continuing to work with the Township engineer and the Police Department to address the residents, concerns. It was agreed that Ms. Baldasari would work with the Township Manager, Township engineer and the Police Department and they will then report back to the Board. Acting Chief Bainbridge added the Police Department continues to patrol the area.




Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to table approval of the minutes of July 19, 1999 pending review of the tapes.




Mr. Garton noted the purpose of the request is to provide total frontage to Lot #41 which is the lot at the end of the street. Mr. Garton stated the Township had indicated they wanted to extend this and this will provide an opportunity for Toll Bros. to pay the cost. Mr. Fegley stated the Board was interested in a cul-de-sac so that there could be a small parking area for those wishing to access the Faytol Tract. He does not feel what is proposed goes far enough. Mr. Gouza stated he understands from a Toll Bros. representative that what is proposed is the extent that Toll Bros. is willing to participate and they are not willing to build a cul-de-sac. Mr. Gouza stated the owner of Lot #41 has concerns that his frontage has not been totally improved. Mrs. Godshalk noted the grading and the fact that the sidewalk is much higher than the level of the Faytol property.


Mrs. Godshalk moved, Mr. Fegley seconded and it was unanimously carried to only allow Toll Bros. to extend it if they complete the cul-de-sac.




Mr. Lou Terranova, Mr. Eric Richman, and Mr. Dan Urban were present. Mr. Garton stated the applicants were asked to contact Mr. Thomas Minehart to address the Township request that they avoid certain areas of Woodside Road. Mr. Terranova stated Mr. Minehart was agreeable to helping them but was concerned about the impact on historic trees on his property. Mr. Terranova stated their environmental people have looked at the plans and feel it would be best to install the line in the asphalt rather than risk destroying the historic trees or other environmental areas. Mr. Richman stated they cannot use the Transco property. Mr. Terranova stated Transco owns the right-of-way and is owned by a competitor of their company. Mr. Richman also noted on the plan where streams and wetlands are located which would need to be crossed and the trees in the area which would be impacted if they followed the request of the Township.


The applicants presented an alternate plan to show where they would impact the roadway. Mr. Richman stated they would agree to restore the full width of the roadway. Mr. Fegley stated he will only agree to this if they post a bond in an amount determined by the Township engineer to be sufficient to guarantee that the roadway would be restored to its existing condition. The Board was not willing to have them go through the bikepath.


Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to permit the installation of the system as depicted except the area in question must go down Woodside Road as far as necessary and they must restore the road on both sides and post a bond for a one year period to guarantee its structural integrity. The applicant agreed to the conditions.




Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve Resolution No. 1033 authorizing Lawrence Hilghman to attend Municipal Police officers' Education and Training Program.




Acting Chief Bainbridge stated since July 23, the Police Department has handled thirty-one citizen complaints about excessive use of water, twelve of which were unfounded. There were seven officer-initiated calls at homes where people had sprinklers on. At this point in time, the Police are advising residents of the water restrictions and providing them handouts. So far, they have met with good results. Mr. Fazzalore expressed concerns with companies such as Keystone Water, area nurseries, and the golf course which are not included in the restrictions. He stated he feels the Governor and other organizations in the State should look at these operations and feels the Township Manager should be asked to write a letter to this effect. Acting Chief Bainbridge stated all water supply agencies are required to prepare a drought emergency plan and submit it to the Governor's office.


Mr. Fazzalore stated he feels the Lower Makefield Township athletic fields should be shut down now since they were overused under normal conditions and now are being completely destroyed. He feels the Park & Recreation Department should look into this. Mr. Fegley stated he would like to have Ms. Liney report to the Board on this. Mr. Garton stated they may want to contact DelVal or some other experts regarding the turf. Mrs. Godshalk noted the Pool Manager, Brad Sharp, has advised that they closed the grassy area at the pool.




Mr. Edward Murphy, Mr. Vince DeLuca, and Mr. Peter Anderson were present. Mr. Garton reviewed possible conditions of Approval. -There was discussion on the extension of water, and Mr. Murphy noted his letter to Ms. Frick outlines what they have agreed to do in order to provide water to the two parcels. Mr. Murphy stated the applicant has agreed to address issues relating to storm water improvements that are off-site and would therefore request that this be taken into consideration in discussing costs being requested to be paid to the Township as they relate to road improvements. Mr. Gouza stated the amount the Township incurred would be somewhat less than $20,000. Mr. Garton stated if they cannot agree on this issue, they could agree to defer this issue to Final Plan Approval. Mr. Murphy stated if they had not expended other funds in the area, they would not be requesting a waiver on this issue. Mrs. Godshalk expressed concern with some of the street names proposed and it was agreed to defer this item to Final Plan.


Mr. Fazzalore moved and Mrs. Godshalk seconded to approve the Preliminary Plan for Stewart's Field at Yardley plans dated 9/8/98, last revised 6/28/99 subject to:



Receipt of all permits an approvals by agencies having jurisdiction;


Compliance with PCS letter dated 7/6/99;


Approval of waivers as noted in the PCS letter Items #3, #4, #5, #6, and #9;


Applicant to install public water as outlined in the letter from Edward Murphy to Nancy Frick dated 7/28/99 to accommodate houses across Edgewood Road;


Compliance with CKS letter dated 7/12/99;


Payment of Fee-In-Lieu of Recreation in accordance with the Ordinances;


Compliance with Traffic Impact Fee ordinance;


Applicant to agree to items outlined in the letter dated 8/2/99 from Edward Murphy to Mr. Garton regarding the Fisher property;


Defer to Final Plan consideration of street names;


Defer to Final Plan the issue of reimbursement for the costs of widening of Edgewood Road.



Mr. Murphy agreed to the Conditions of Approval, and the Motion carried unanimously.


Mr. Murphy noted in order to do the stormwater work contemplated, they must bring in a great deal of dirt, and he asked that the Township Solicitor be authorized to prepare a Grading Agreement in anticipation of this. Mr. Garton reviewed what had been done in the past in this regard, and it was the consensus of the Board that the Township Solicitor should prepare a Grading Agreement to present at the next meeting of the Board.




Mr. Garton noted this project received approval and the applicant planned to construct a retail facility. The applicant then filed a request to change two of the retail uses to two office uses and asked that this be considered a Revised Final Plan. Mr. Garton stated the Board must decide if this requires a new submission or can be considered a Revised Final Plan.


Mr. Edward Murphy was present and showed a copy of the approved plan and copy of a plan showing the modifications they are proposing. Mr. Strahle and Mr. Fegley indicated they felt these were substantial changes. Mr. Garton stated if they do not agree that this is a Revised Final Plan, the applicant would be subject to the new Ordinance standards. Mr. Murphy stated there are not proposing any changes in the impervious surface. Mrs. Godshalk stated she felt the parking was proposed too far away from the buildings. Mr. Murphy stated the Board must consider if they would prefer more retail use or more office use. He noted the Planning Commission was in favor of the office use. Mr. Fazzalore, Mr. Fegley, and Mr. Strahle were in favor of more office use.


Mr. Fazzalore moved and Mr. Fegley seconded to agree that the plans be considered Revised Final Plans subject to all current standards except those having to do with parking motion carried with Mrs. Godshalk abstaining.




Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to grant an extension of time to Fieldstone at Yardley (Harris Farm) Preliminary Plan to 11/20/99.




There was question as to where this property was located. Mr. Fazzalore moved and Mr. Fegley seconded to grant an extension of time to Gary & Jeanette Minnes Preliminary/Final Plan to 12/10/99. Motion carried with Mrs. Godshalk abstaining.




Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to grant an extension of time to the Loberg Subdivision Preliminary Plan to 11/20/99.




Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to grant an extension of time to Casadonti Homes, Inc. Preliminary/Final Plan to 11/20/99.




Mylars were signed following the meeting.




Mr. Ron Smith and Mr. Jim Tragone representing YMS were present. Mr. Fazzalore asked that all literature referring to Macclesfield Park indicate that it is in Lower Makefield Township - not Yardley. Mr. Tragone stated they recognize this fact but noted Lower Makefield Township is not listed on any maps. He stated all future paperwork will indicate Lower Makefield Township.


Mr. Fazzalore stated if there is not sufficient rain, he feels they will have to contemplate canceling the August Tournament. He also noted he does not feel the amount of money being offered is sufficient. Mr. Tragone stated the fee has been set at $150 per field including the mini-fields. He stated he would not object to paying more for the larger fields, if they could pay less for the smaller fields.


Mr. Smith stated they were advised today that they were on the Agenda for this evening. He noted the letter sent to the Park & Recreation Board regarding the matter and Mr. Tragone's hand-written letter to MS. Liney. Mr. Fegley stated the only concern they had during the last Tournament was the extent of the corporate activity and asked that in the future the Board be made more aware of the type of activities to take place. He stated he does not have a concern with T-shirts from corporate sponsors or someone handing out water bottles.




Mr. Garton noted there was some question as to whether the Board actually authorized the filing of the Appeal and asked that it be confirmed this evening.


Mr. Fegley moved and Mr. Fazzalore seconded to confirm authority to file administrative appeal from issuance of Highway Occupancy Permit for CAU.


Mr. Fegley questioned what impact this will have, and Mr. Garton stated an administrative appeal gives the Township the opportunity to obtain information. He noted the Section of the Code cited in his petition which provides the opportunity to Municipalities to participate. Mr. Garton stated he did receive a coy of the Traffic Report and a final set of Traffic Plans which he will send to the Township.


Mr. Fegley stated if there is no chance to make a change, he does not feel it is worthwhile to pursue the Appeal; however, if there are some engineering issues upon which they could improve the safety on Lindenhurst Road, he feels they should move ahead. Mr. Garton stated he does not feel they can eliminate the access, but they could have input on safety issues, drainage, and sight distance.


Motion to approve carried unanimously.




Mr. Garton stated there must be discussion with regard to the Lease date and payment of the August rental. Ms. Nelson was present.


Mrs. Godshalk moved and Mr. Fazzalore seconded to approve the Lease Agreement with the starting date to be determined.


MS. Nelson stated she will be buying Victoria's on August 18. Mr. Taylor stated the Township has not been paid for August but noted there is a security deposit of over $1600. Mr. Garton stated the Lease can start August 18 and MS. Nelson and the current owner can work out the rental payment for August.


It was noted MS. Nelson will go through the property with Mr. Fedorchak before she takes over the business.


Ms. Nelson noted Item 28 of the Lease Agreement regarding the increase in rent and asked if this is up for discussion. Mr. Fazzalore stated they should continue to follow whatever was in the existing Lease with Victoria's. After review of the Lease, it was agreed that the increase will be 3% unless the cost of living exceeds 3% at which time the cost will increase up to a cap of 5%.


There was discussion on the sections dealing with maintenance and Ms. Nelson expressed concern with what this could entail. The Board indicated this refers to normal maintenance. Mrs. Godshalk stated she feels painting and roof replacement would be the responsibility of the Township.


Ms. Nelson noted the Item regarding keys, and Mr. Fedorchak agreed to provide these.


Motion carried with Agreement that Lease will start on August 18 and changes as discussed this evening will by made to the Lease by Mr. Garton.




The Appeal of David & Kathryn Harris, 711 Melissa Circle was noted, and Mr. Strahle expressed concern with sight distance. Mr. Garton stated it is 100 feet from the road. No Board action was taken.




Mr. Fegley stated at the last meeting the Board approved setting up a Committee to explore the design for a Community Center and there were several requests from individuals interested in serving on such a Committee. He asked if the Township Manager should be advertising for resumes of those interested in serving. Mrs. Godshalk stated she feels this is more of an Ad HOC Committee. Mr. Fegley stated he would like to open this up to a broader spectrum of people which he feels will heighten its chances of success if there is a future Referendum. Mr. Fazzalore suggested Mr. Hackman and Mr. Fegley put something together to bring back to the full Board on what direction they should take.




Mr. Vince DeLuca was present and they asked about the blue lights at his property referred to earlier in the evening by Mr. Herb Wright. Mr. DeLuca stated he felt these were most likely fire lights in the building and he will look into this matter.


Mr. Edward Murphy stated they submitted an application to the Zoning Hearing Board for a Special Exception for a restaurant and various directional signs on the site. He stated they have the opportunity to go to the Zoning Hearing Board tomorrow night if they can reach an agreement with the Board of Supervisors on the signs. If they cannot, they will continue the Hearing before the Zoning Hearing Board.


Mr. Murphy stated they are asking if the Township would agree to have a backlit sign. He noted the Ordinance does not permit backlit signs.


Plans for signs were shown to the Board this evening and after discussion the applicant and the Board reached agreement on placement of several signs.


Mr. DeLuca stated he was under the impression that the Hotel would be permitted to have two signs. He noted the Hotel owners would also like to have a sign on the canopy. Mr. Clark Blinn from the Hotel was present. Mr. Strahle stated he feels they are entitled to one large sign and the canopy sign. He suggested the one large sign be re-located, and the Mr. Blinn agreed to the location suggested by Mr. Strahle.


There was additional discussion on the backlit sign, and Mr. Blinn stated they do not feel the existing spotlights are effective. Members of the Board agreed to visit the site in the evening to look at the signs.


One gentleman asked when Stony Hill Road will be reopened, and it was noted it will be reopened a week from Friday.


There being no further business, the meeting was adjourned at 9:30 p.m.


Respectfully Submitted,


Frank Fazzalore, Secretary