The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on April 5, 1999. Mr. 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 legal and personnel matters. He also announced that the Board met for two hours in Executive Session last Monday evening to discuss legal and personnel matters.

Those present:

Board of Supervisors:

William Strahle, Chairman


Wesley Hackman, Vice Chairman


Frank Fazzalore, Secretary/Treasurer


Scott Fegley, Supervisor


Grace Godshalk, Supervisor



Terry Fedorchak, Township Manager (joined meeting in progress)


Jeffrey Garton, Township Solicitor


Jan Gouza, Township Engineer


William Taylor, Finance Director



Charles Ronaldo, Chief of Police


Mr. Bill Bayer of Gatefield stated his property adjoins the Loberg Estate. He stated he has a petition signed by 41 residents from that area asking that the Board of Supervisors

reconsider their request of Realen to provide dual entrances for the new development they are constructing. Mr. Bayer stated he feels the access to Mt. Eyre Road will create a dangerous situation. He stated if there is only one access they can retain the rustic beauty by keeping the silo and other outbuildings and if they have a dual access those structures will be removed. The petition was presented to Mr. Fazzalore this evening.

Mrs. Godshalk stated they have not made a final decision on the retention of the structures at this time. Mr. Bayer stated the plan the residents agreed to with Realen was not considered by the Board of Supervisors. Mr. Fegley stated this statement is incorrect since they did have a lengthy discussion on this matter at the last meeting and there was a three to two decision on the part of the Board of Supervisors to approve the dual access.

Mr. Strahle stated they did ask the Township engineer to look at the sight distance to make sure there is not a sight distance problem.

Mr. Charles Sweeney of 53 N. Homestead stated a dangerous situation has developed over time with the development of housing in the area, specifically with the high rates of speed being traveled on S. Crescent and N. Homestead since people are trying to avoid the light at the intersection of Edgewood and Makefield Roads. He noted there are many young children in this area. He stated a number of area residents are present this evening who are also concerned. He recommended that there be a meeting with the Township engineer. He stated he is an attorney doing defense work and represents many Townships in the area. He stated in accordance with the Municipalities Torte Claims Act he is placing the Board of Supervisors on notice that there is a problem with these streets and something needs to be done in the near future before there is a fatality. Mr. Hackman stated the Chief of Police is not present this evening but they will ask the Police Department to review the situation and report back to the Board. Mr. Hackman asked Mr. Garton to explain Mr. Sweeney’s reference to the Torte Claims Act. Mr. Garton stated a Township cannot be charged with negligence if they do not have notification of a condition, and Mr. Sweeney is indicating he has now informed the Township of this deficiency. Mr. Garton stated he feels the Township Police Department and Township engineer should review the situation and report back to the Board of Supervisors. Mrs. Godshalk stated she lives near this area and the roads are very narrow with no curbs or sidewalks and children are playing in the streets. Mr. Strahle stated he has been advocating for a number of years that they install walkways and sidewalks in the established neighborhoods so they can separate the vehicles from the residents in the area. Ms. MaryAnn Patton from N. Homestead stated there is also a school in this area. She stated people are driving in the area and hollering obscenities at the residents. She stated they have discussed this problem with the Township in the past.

Mr. Fred Allen of PAA requested that the Board permit PAA, at their cost, to install signs at Oxford Valley/Roelofs Park prohibiting dogs. He noted dogs are creating problems on the fields. He noted there is a leash sign but there are still dogs in the area which are not on leashes. He stated they have spent a substantial amount of money to fix up the fields and the dogs are killing the grass and creating an unsanitary situation for the children using the fields. Mr. Garton stated he feels there are already rules and regulations related to the Parks and they could prohibit dogs from running loose and require people to pick up after their dogs. Mr. Fegley stated the Police must also be asked to enforce this once it is posted.

Mr. Hackman moved, Mr. Fazzalore seconded and it was unanimously carried to have the Township Manager determine appropriate language to be put on signs regarding dogs at Oxford Valley/Roelofs Park, have those signs installed at Township expense, and ask that the Police Department to enforce this.



Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to approve the Minutes of March 15, 1999 as written.



Mr. Garton stated the Conditional Use Hearing for Sprint Spectrum was originally scheduled for tonight but their counsel has asked that this matter be continued.

Mrs. Godshalk moved, Mr. Fegley seconded and it was unanimously carried to continue the Conditional Use Hearing for Sprint Spectrum.

Mr. Christopher Shubert, attorney for Sprint Spectrum, stated he assumes they will be moving forward with the SBA proposal for a tower at the Township Complex. Mr. Garton stated the Board of Supervisors understands that if the Township site is available and Sprint Spectrum co-locates at that location, they will not need the tower they proposed at the Dobry Road location.


Mr. Garton stated the purpose of this discussion is to consider leasing a portion of property from the Township for the purpose of locating a communications tower. SBA Inc. is present to discuss this matter with the Board. They have had previous discussions with the Township Manager. Mr. Garton stated the proposal is to construct a lattice tower on the Township property to the rear of the Township Building for the purpose of an AT & T location and co-location by Sprint, and emergency systems.

Mr. Anthony Ortolani and Mr. Chris Basso from SBA, Inc. were present. Mr. Ortolani stated they did submit qualifications for SBA to Mr. Fedorchak. Mr. Basso provided site plans to the Board of Supervisors this evening. He stated he provided these to the Township Manager over one month ago. Mr. Ortolani stated they are proposing to construct a lattice tower to hold up to seven carriers. These will include emergency services, Department of Public Works, and the Police Department at no charge. He noted this has a retail value of $1500. They will also pay $25,000 per year in addition to 15% of the co-location fees received from the carriers.

Mr. Garton asked how this compares to what Nextel is paying. Mr. Basso stated the base rate is $3,000 lower per year and Nextel pays 40% of the co-location fees. Mr. Basso noted the lease rate will increase on a yearly basis by 3%. He noted they are also constructing the tower and are offering services to the Township. Mr. Hackman stated he feels they need an analysis from Mr. Taylor on what they are getting from Nextel compared to what this company is proposing. Mr. Ortolani stated the cost to construct the tower is $225,000.

Mr. Garton asked what other facilities they will need. Mr. Ortolani stated the tenants will need cabinets. Mrs. Godshalk stated the Township has required architectural approval of the other sites.

Mr. Garton asked the size of the plot, and Mr. Basso stated it is 100’ by 100’ and the location is to the rear of the Township building in the area where they keep the storm drains. He noted they have discussed this location with the Township representatives and found that the location is satisfactory. Mr. Fegley asked if any clearing is necessary, and Mr. Basso stated some minor clearing will be required. He feels the maximum amount of clearing would be the size of the compound (100’ by 100’). Mr. Fegley asked if the area is currently wooded. Mr. Basso stated they understood this was the location requested by Mr. Fedorchak. Mr. Fegley stated this is the first time the Board has been made aware that any tree clearing was going to be considered, and he felt it was going to be put in a clear area. Mr. Fegley stated there are wetlands in the area, and he would like to see drawings.

Mr. Hackman stated he feels the Township engineer should stake out the area. Mr. Garton asked if they could move it out from the treed area, and Mr. Basso stated they could do this. He stated they only proposed this location because this was the location requested by the Township Manager. Mr. Fegley asked if they could disguise the pole as a "tree."

Mr. Ortolani stated they did discuss this with the Township Manager, and they felt it was better to have a lattice tower since it provides for more carriers than a monopole or "tree" would.

There was discussion on possible co-locators, and Mr. Ortolani stated initially they will have Sprint and AT & T but they do anticipate more co-locators in the future. Mr. Fazzalore asked the rates they receive, and Mr. Ortolani stated they are between $400 and $2500 depending on the carrier and the equipment needed. He noted AT & T will be paying $1,100. Mr. Fazzalore stated the Township is considering whether it would be better for them to construct the tower themselves. Mr. Fazzalore stated he feels 15% of the fees is way to low, although he does not feel it would need to be 40%.

Mr. Garton stated he has heard that another firm is also interested in constructing a tower on the Township property. Mr. Ortolani reminded the Board that the Township sought his firm out, and they have spent a significant amount of money on this proposal.

Mr. Bruce Jones from the Yardley Makefield Emergency Unit stated they were looking for three antennas on the Police antenna and would like to be assured of this number on this antenna.

Mr. Christopher Shubert stated Sprint has expressed an interest in working with the Township to establish a tower on the Township property.

Mr. Hackman stated there is a need for a tower in the area, and he feels this is a good location. He would like to move ahead on this proposal and review the financial information. He feels within one month a decision can be made.

It was the consensus of the Board of Supervisors to proceed with this matter.



Mr. Garton stated this is the continuation of the AT & T Conditional Use Hearing to locate a communications facility on the property adjoining Route 1 off Old Oxford Valley Road.

Mr. Michael Sklaroff, attorney, Ms. Tina McCooley, attorney, and Mr. Scott Estrin were present. Mr. Sklaroff stated they submitted an exhibit to Mr. Garton which is the work done by Mr. Estrin including a chart and overlay. This was marked Exhibit A-12.

Mr. Estrin was sworn in and stated since the last Hearing he modified the map to show all of Lower Makefield Township. He stated they proposed to build a 130 foot monopole on a property on Old Oxford Valley Road to fill in the coverage gap of Interstate 95 , Route 1, and the southwest corner of the Township. He noted Site 589 is the proposed location of the tower to be built by SBA which was discussed earlier this evening. He also noted a site to the north and they have an application to co-locate with Nextel so that they can eliminate the two antennas they have on the PECO poles. Mr. Garton reminded the Board that

AT & T did not have Township approval for those antennas. Mr. Estrin referred to A-12 and stated the graphics included show conditions before the Township (SBA) site and the Nextel site became options. Mr. Estrin stated A-12 shows that the proposed site (Site 546) fills the gap and is the only site which will fill the gap in the Township.

Mr. Estrin stated requested information was forwarded to Mr. Beverage, who was hired by the Township to review the information, and Mr. Beverage’s findings are concurrent with Mr. Estrin’s findings. Mr. Garton stated Mr. Beverage is present this evening.

Mr. Strahle noted the dots on the plan. Mr. Estrin noted those three locations on the plan were areas they had considered as possible locations; but when the Township Building site became available, they were able to eliminate the need for those three sites. However, the Township Building site does not eliminate the need for the location that is the subject of the Conditional Use Application.

Mr. Hackman asked about the sites outside of the Township, and Mr. Estrin stated some of those sites are existing and some are proposed. Mr. Hackman noted Site 231 and asked if this would provide coverage out to site 546. Mr. Estrin stated it would not, and they can show this. Site 238 was noted, and Mr. Estrin stated this is a 60 foot site located in Morrisville.

An overlay was shown of coverage outside the Township. An overlay was also shown showing coverage of the proposed Nextel site which would replace the two PECO sites.

Another overlay was shown of the coverage with the Township Building site and it was noted this still leaves a coverage hole in the southwest corner of the Township, and along I-95 and Route 1. The final overlay shows that coverage is complete with the inclusion of the site that is the subject of the Conditional Use Application. Mr. Estrin stated this site is a crucial location because of the need to cover I-95 and Route 1.

Mr. Fazzalore stated he has AT & T service and can dial in the area they are indicating they need coverage. Mr. Estrin stated statistics show there are a large number of dropped calls in this area. He stated while calls may go through, it is not solid, reliable coverage.

Mr. Fegley stated it appears the Woodbourne Site could provide the coverage needed.

Mr. Estrin stated the site would not provide reliable coverage along Route 1 and the site has not been approved by Middletown Township. He understands a Senior Citizens facility will be built in this area. He showed an overlay showing that this would not provide reliable coverage particularly in the Kohl’s Shopping Center area.

Mr. Strahle noted a site that was not discussed north of Site 546. Mr. Estrin noted this is the Sprint site. Mr. Strahle asked if they could co-locate at this location and eliminate Site 546 if the Sprint site was approved. Mr. Estrin stated if it was of sufficient size they could.

Mr. Sklaroff stated they feel Site 546 is a sufficient site and is in the overlay District designed for this use.

Mr. Fedorchak joined the meeting at this time.

Mr. Sklaroff stated at the last Hearing, the Board was interested in seeing photographic simulations of what a 130 foot tower would look like; and they have present this evening Anthony Mercantenti to review those photographs. A-15 was marked which is the board showing the new photographs. Mr. Mercantenti’s credentials were submitted to the Board for their review. Mr. Mercantenti was sworn in and stated he has been a professional planner for nineteen years. He has also been a Municipal Planning Director and has testified before a number of Boards and in Court on a number of planning and zoning matters. He stated a photograph was shown at the last meeting and a question was asked what the difference would be if the tower were 130 feet high. They have prepared computer simulations of what a 130 foot tower would look like. A-11, the photo board introduced at the last meeting, was noted and Photo #2 from that board was compared to a new picture. Mr. Mercantenti stated that from a distance it is very difficult to notice the 20 foot difference. Comparisons were also shown to Photo #5 and Photo #8. Mr. Fegley noted A-15 indicated this is the Borough of Langhorne. Mr. Mercantenti stated the photos were taken in Lower Makefield. Mr. Sklaroff stated the note on A-15 is in error and the photos were taken in Lower Makefield Township.

Mr. Hackman stated the plot that was presented seems small and because of this it seems that other communication companies would not be able to co-locate because there would not be sufficient room for their buildings. He stated the parcel does not seem to be large enough to handle co-locations. He stated he feels they should make sure there is sufficient space to provide for other co-locators. Mr. Sklaroff stated the testimony indicates this facility could handle two other carriers. Mr. Hackman stated he feels they may have to put another tower adjacent to this tower because this tower is not sufficient to handle other

co-locators. He added that earlier this evening they heard a proposal for a tower that could accommodate seven carriers. Mr. Sklaroff stated the facility they are proposing would not be able to compete with a 190 foot lattice tower. Mr. Hackman stated when the fourth carrier comes in that needs to fill the same hole they are filling, another tower will have to be installed in this area. Mr. Sklaroff stated this tower is in the Overlay District and the Township has specified for this use. He stated AT & T has complied with the law and will accommodate two other carriers on this site and it is speculation whether another carrier will need to fill the same area.

Mr. Garton stated Mr. Hackman has expressed concern with the size of the footprint and whether it can accommodate three carriers. Mr. Sklaroff stated Mr. Sedell of AT & T has indicated to him that there is sufficient area to accommodate three carriers and this is what they are proposing.

Mr. Hackman stated the proposed access to the site is through a farm lane. He stated this site is adjacent to the Bellemead Tract and he would like to see how this plan figures in to the Bellemead Master Plan. Mr. Sklaroff stated this Plan complies with all Township requirements and does provide access. He stated it does not address the Bellemead Plan and there is no requirement that it do so. Mr. Hackman stated he would still like to see how it fits in. Mr. Sklaroff stated they have not considered the Bellemead Plan in their proposal.

Mrs. Godshalk stated the access is through the driveway of a home and she feels they should have their own separate entrance off of the road. Mr. Sklaroff stated they felt it was advisable not to have another driveway and curb cut given the fact that the site does not have to be visited on a daily basis. This proposal was acceptable to the carrier and the homeowners. He stated this situation has occurred in the past for facilities of this kind.

Mrs. Godshalk stated she is not certain that large equipment could be brought back through the homeowner’s driveway if there was an emergency at the communications facility.

Mr. Sklaroff stated Ms. Barady previously testified that there was sufficient room for emergency vehicles to access the site.

Mr. Clarence Beverage of Communications Technologies in Marlton, New Jersey was present. Mr. Beverage was sworn in and reviewed his background and noted he has been accepted as an expert primarily in New Jersey. He agreed to submit a complete resume.

Mr. Sklaroff had no objections to Mr. Beverage’s qualifications.

Mr. Garton asked Mr. Beverage if he had reviewed the information provided by the applicant’s R.F. engineer. Mr. Beverage stated he did speak to an engineer at the Biby firm on this and he reviewed copies of the AT & T coverage predictions. He also met with Mr. Fedorchak and spoke with Scott Estrin, the AT & T expert and has had discussions with the Sprint representatives and SBA representatives so that he could develop a plan where there could be a minimum number of towers. He stated Sprint did not seem to be fully aware that the Township location was going to be an available location and he feels

there are engineers studying this location to see if the 185 foot tower would allow them to get the overage they are looking for so that they would no longer need to pursue the location they had proposed near the AT & T location being discussed this evening.

Mr. Garton asked if Mr. Beverage reviewed the contents of A-12, the radio frequency studies done by Mr. Estrin; and Mr. Beverage stated he did review this. Mr. Beverage stated he does not disagree with anything in A-12. He stated the service area size they were able to obtain with their propagation software was fairly similar to that which was submitted by Mr. Estrin. Mr. Garton noted A-12 did not include sites beyond Township limits. Mr. Garton asked if Mr. Beverage reviewed this information, and Mr. Beverage stated he did receive this information late this afternoon but is not able to testify as to the radio frequency studies conducted by Mr. Estrin for sites beyond the Township boundaries. Mr. Beverage stated he could review this and get an analysis back to the Township within the next few weeks. Mr. Hackman asked if his computer program is the same as Mr. Estrin’s, and Mr. Beverage stated it is not, but it gave similar results.

There was discussion on the height of the proposed pole, and Mr. Beverage stated depending on the proximity to a traveled airway, FAA sets maximum structure height.

Mr. Hackman noted Buehl Field is going to be converted into housing and if Buehl Field was the reason the FAA limited the height to 130 feet, they should not have a problem with a higher pole once the airport is closed. Mr. Garton stated it may be limited to 130 feet because of the Trenton Airport. Mr. Beverage agreed to look into why the FAA limited the height to 130 feet.

Mr. Hackman stated he would like to see as many co-locators as possible at this location.

Mr. Beverage stated 100’ by 100’ is the typical size for a tower up to 190’ high.

Mr. Garton asked about the square footage. Mr. Sklaroff stated Mr. Sedell had indicated at the last Hearing that the area is 30’ by 30’ which can easily accommodate three buildings.

Mr. Fegley stated Sprint has indicated they would not need their proposed facility in the southwest corner of the Township if the Township site was to be developed. He asked
Mr. Beverage if AT & T could also meet their needs by locating at the Township site.

Mr. Beverage stated his model showed the same estimates as the AT & T model; however, he has not done an independent study of the proposed Township location and whether this could meet the AT & T needs.

Mrs. Godshalk stated she is concerned with the access to the site and asked if it is proper that the access go through a private driveway. Mr. Beverage stated he has seen a number of sites over the years he has been in this business and while most have their own access, these sites are rarely visited and are not manned. He stated he does recognize her concerns with emergency access. Mrs. Godshalk stated she feels they should have clear access now so the matter is resolved prior to the time when the Callahans eventually sell off.

Mr. Sklaroff stated this site was zoned by the Township as an Overlay District and they have complied with all Township requirements.

Mr. Strahle asked if it would be possible to do a computer simulation for a tower of 190 feet assuming there are no restrictions from the FAA because of Buehl Field, and

Mr. Beverage stated this would be possible.

Mr. Garton stated Mrs. Godshalk is raising the question whether the site access is adequate.

Mr. Hackman asked the diameter of the pole, and Mr. Beverage stated there are two types and the diameter would depend on the height and how it is designed. He stated typically they are three to four feet in diameter at the base.

Mr. Sklaroff asked Mr. Beverage if Mr. Estrin provided all the needed information, and

Mr. Beverage stated he did. Mr. Sklaroff asked if Mr. Beverage had any reason to believe that the calculations for sites outside the Township would differ from those already obtained by Mr. Estrin, and Mr. Beverage stated he did not. Mr. Sklaroff asked when the first time he asked for information outside the Township was, and Mr. Beverage stated it was this afternoon. Mr. Sklaroff asked how many users could be accommodated at a 110’ monopole. Mr. Beverage stated in this area due to the heights of the terrain, he did not feel they could get more than two users on a 110’ pole and only three on a 130’ structure.

Mr. Sklaroff stated this matter was continued from December 7 and by February 3,

Mr. Estrin had submitted all information that was requested. He stated AT & T has tried to do everything reasonable to accommodate the Board of Supervisors and has complied with the letter of the law. They also agreed to work with PECO to remove the antennas and work with Nextel. He stated for the first time today, they were asked for more information on sites outside of the Township. Mr. Sklaroff stated there was a complete Hearing on

December 7. He stated AT & T has a charter and are required to fill out this service area, and the Board is now asking for more information that could have been requested on December 7. He asked that the Board of Supervisors decide this matter one way or the other tonight since it is not fair to the applicants or the subscribers to continue this matter.

He stated they are now asking for out of Township propagation studies which he is sure will come back fine. He asked that the Board decide the case on a 130’ monopole that will accommodate AT & T and other users. He stated to continue the matter for a fragment of information is unfair and he asked that a decision be made this evening without a continuance.

Mr. Fazzalore stated they must decide how they are going to serve the citizens of the Township, and he feels the applicant has complied with all rules and regulations. He would be willing to vote in favor of this tonight.

Mr. Fegley stated since the Township expert feels their studies are accurate and there is still a gap, he feels they should agree to let them proceed. He stated he is not sure that they can require them to build a larger pole especially since they agreed to let Comcast construct a similar pole at another location.

Mrs. Godshalk stated she feels since the Township has hired an expert, she would like to give him two weeks more to review the rest of the information. Mrs. Godshalk stated she feels they owe it to the citizens to have full knowledge of what they are getting into.

Mr. Hackman stated he has no problem with the location and recognizes that there is a need for the facility. He still has a problem with the number of users that can co-locate, and if the pole could be upgraded to accommodate more users, he would be in favor of this. He stated he also has a problem with how this fits into the overall area. He is interested in two more weeks and asked that the Township Manager pull the Bellemead

Plan and draw on that plan where this facility would be located so they can see how it fits in.

Mr. Hackman moved and Mrs. Godshalk seconded to continue the matter for two weeks. Motion carried with Mrs. Godshalk, Mr. Hackman, and Mr. Strahle in favor and

Mr. Fazzalore and Mr. Fegley opposed.



Mr. Anderson, Mr. Weiss, and Mr. Sansalone were present.

Mr. Fazzalore moved to grant Preliminary/Final Plan Approval of the Carmelo Sansalone Plan dated 11/3/98, last revised 2/23/99 subject to:

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

2) Compliance with PCS letter dated 3/29/99;

3) Compliance with CKS letter dated 3/31/99;

4) Funding and execution of Development and Financial Security Agreements.

Mr. Anderson stated the conditions were satisfactory.

Ms. Kathy Strumarra of 1103 Irving Road stated she is still concerned with the overflow of water that runs into her yard. She is also concerned with diverting some of the water down to the intersection of Irving and Derbyshire and the fact that the dam is not in place. She stated they have been advised a berm will be created and they are concerned whether this will help the situation or create more problems. She is also concerned with the possibility that something will be built on the other side of Derbyshire Road (Kindercare) which will impact on the area as well.

Mr. Gouza stated they have reviewed this for some time and presented evidence to the Board of Supervisors that the increase of run off from two houses would be minuscule. They had suggested some improvements to help the downhill neighbors which the applicant has incorporated into their plans. He noted they are not solving the adjoining neighbors problems, but they are helping them with the creation of a berm and the installation of a storm sewer facility. He feels they have met the requirements of the Ordinance and have done what they can do with the property.

Mr. James Frost of 1107 Irving stated there are six houses on Irving Road and if they add two more, this adds 20% more impervious surface to the area.

Mr. John Treon of 1101 Irving stated he is concerned with the extra water coming down Derbyshire.

Mr. Chuck Wondermonte stated he resides on Irving and his backyard is flooded out. He stated he built an 8" berm at the border of his property and the water goes right over the berm. He does not feel a 6" berm will solve the problem.

Mr. Fegley seconded the motion.

Mr. Hackman asked about the berm. Mr. Gouza stated the berm varies in height from 6" to 12". He stated the reason it does to go all the way back to the rear property line is because they did not want to have to cut into the wooded area. He stated the Development Agreement provides that if the berm needs to be increased, it could be increased.

Mrs. Godshalk stated she feels the water should be directed in another direction rather than to Derbyshire Road. She asked the size of Lot #2, and Mr. Gouza stated it is 36,309 square feet. Lot #1 is over 70,000 square feet. Mr. Hackman stated the real answer is the construction of the dam. Mr. Fazzalore stated they have had a request into the State for this for three years.

Motion to approve carried with Mrs. Godshalk opposed.



Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve an Extension of time for the Stewart’s Field Preliminary Plan until 7/8/99.



Mr. Fegley moved, Mr. Hackman seconded and it was unanimously carried to deny the request for Dedication for Sanitary Sewer System and Pump Stations in Brookstone I

and II for the reasons stated in the information provided by the Township staff.


Mr. Fegley moved, Mr. Hackman seconded and it was unanimously carried to deny the request for Dedication for Sanitary Sewer System and Pump Station in Cornerstone for the reasons stated in the information provided by the Township staff.


Mr. Fegley moved, Mr. Hackman seconded and it was unanimously carried to deny the request for Dedication for Sanitary Sewer System and Pump Station in Palmer Farm for the reasons stated in the information provided by the Township staff.


Mr. Fegley moved, Mr. Hackman seconded and it was unanimously carried to approve the request for dedication of Fairfield, Farmview Village I


Mr. Fegley moved, Mr. Hackman seconded and it was unanimously carried to deny the request for dedication of the sewer line in Floral Vale, Section I, Phase II for the reasons stated in the information provided by the Township staff.



Mr. Edward Murphy, attorney, Mr. Bill Winslade and Mr. Gene Cadwallader, representing the Fire Company, and Mr. Craig Hill and Mr. Tom McCavitch were present. Mr. Murphy stated they have had approximately nine meetings with various members of the Township staff trying to work within the limitations of the site. A sketch plan is now being presented based on those discussions. Mr. Murphy stated they understand that if they are given direction to proceed, they will need to submit a formal application. Mr. Murphy stated from a Land Development standpoint, they will have an on-site well to provide water and will connect to the public sewer system within the bed of Miller Place. They anticipate acquiring a sewer easement from the Formidoni property. They will also connect and install a storm sewer system across the Formidoni property. This will accept storm water from their site with a point of discharge at Miller Place. Both easements have been tentatively agreed upon by the Executors of the Formidoni Estate and they have worked with Mr. Gouza to insure that these systems work.

Mr. Hill stated they worked with the Rescue Squad and the Fire Company and were asked to develop a plan based on their needs. Initial sketches were shown with the final result being a plan with bays on either side of a common area which would be shared by the Fire Company and Rescue Squad.

Mr. Hackman asked the percentage of square footage that is made up by the bays and storage areas. Mr. Hill stated it is 55% percent of the building. Mr. Hill noted they felt it was less expensive and more efficient to combine the core facilities. He noted they did consider a second floor but they felt it would be more cost effective not to have this.

A model of the facility was shown.

Mr. Fazzalore asked about the need for storage. Mr. Winslade stated they currently have storage problems at the existing facilities so they will use this facility for storage for all five facilities. They are also looking into this for future use since it could be used in the future to provide a full bay for fire trucks if necessary.

Mr. Strahle asked why there is not an interior entrance to the mechanical room. Mr. Coyne stated the Squad keeps drugs on the premises and they had to isolate these so outsiders could not gain access to this area. Mr. Strahle stated he is concerned that the fire and emergency personnel will now have to go outside to access the mechanical room.

Mr. Fegley stated he is concerned with the estimated costs. Mr. Fazzalore stated it appears the cost will be $1 million although there is a list of possible cost reductions.

Mr. McCavitch stated they could submit the back up material to the Board of Supervisors.

There was a discussion on the contingencies and Mr. McCavitch stated normally their contingencies are only 2%.

Mr. Strahle stated there will be EMTs at this facility, even if the current EMTs do not agree to man this station.

Mr. Fazzalore stated consideration needs to be given to the financing. Mr. Murphy stated they would like to move forward with the approval process. Mr. Fegley stated he does not have a problem with the appearance of the building but is concerned with the costs.

Mr. Fazzalore stated he has a problem with brick being only in the front of the building.

Mr. Hill stated the materials to be used were one of the cost considerations.

Mr. Cadwallader reviewed the various funding alternatives and noted there should also be a contribution from the Rescue Squad. Mr. Winslade stated the Rescue Squad has been involved in all meetings.

Mr. Fegley asked the total square footage, and it was noted it is 8,000 square feet.

Mr. Murphy stated they did not have time to meet with the Snipes family to get their approval on the plan.

Mrs. Godshalk asked why the stormwater will be going across the street over many acres of land. Mr. Murphy stated part of the agreement with the Snipes family indicated one of the two acres had to remain as a stone parking lot, and they could not therefore accommodate an on-lot detention facility. They therefore had to pipe it underground.

Mr. Gouza has indicated there is adequate capacity in the basin in the area. Mrs. Godshalk stated she is concerned with piping water for such a distance. Mr. Murphy stated they have discussed the plan with the Formidonis. It was noted there is no underground storage proposed. Mr. Coyne stated with the new plastic pipe and reinforced concrete pipe, he does not feel there will be any problems.

Mr. Hackman stated he attended a number of the meetings and both the Rescue Squad and the Fire Company have done an outstanding job in putting this together. He stated this does meet the Ordinance requirements and the agreement with the Snipes family. He is concerned that to keep the impervious surface down both driveways come together and he is worried whether there is enough space for all the emergency vehicles to get out with the volunteers cars coming in. He stated the idea was that the volunteers would park on the gravel, but he feels some of this should be paved to accommodate approximately six to twelve cars for the volunteers to park when they come in. He feels they should consider giving them direction since what is proposed creates an unsafe situation. He stated if they could get some relief, it may be better to bring the building further south to give better lines of sight. Mr. Hackman also asked about the chain link fence. Mr. Murphy stated the agreement with the Snipes family indicates they should enclose the one acre of the two acre site. They did not show this going out to the road. He stated he feels Mr. Fedorchak is going to discuss this matter with the Snipes family.

It was the consensus of the Board that they proceed with the plan.

Mr. Victor Fiori stated his father owns a 24 acres parcel in the area and they have problems with storm water. He asked if this plan will contribute to the problem. Mr. Coyne stated this project will go into an existing basin in Makefield Chase; and the site engineer who designed the basin checked the capacity and feels it will not go into I-95 or impact the Fiori property.

Mr. Hackman asked the Rescue Squad representatives present if they were in favor of the proposal, and Mr. Humphries stated they are in favor of it.

Mr. Winslade asked if he should sign a contract with the architect. Mr. Garton stated he feels the Fire Company should sign the contract rather than the Township. Mr. Murphy stated he feels Mr. Garton should review the contract before it is signed.



Mr. Gouza stated they have not totally finished their investigation and recommendations to the Board on this matter. He stated he has had a number of meetings with the Chief who has provided him with additional information. They have looked at a number of other facilities in the area and looked at how those facilities operate. He stated they recognize that the Township’s primary concern is the safety of the range. He stated the last estimate was $53,000 and they feel the estimated cost will actually be less.

Mr. Fazzalore stated he feels this must be strictly a Lower Makefield Township firing range. Mr. Hackman disagreed. Mrs. Godshalk stated she would like to insure that this is a pistol/shotgun range and not a rifle range.



Mr. Gouza stated there were ten bidders and they would recommend proceeding with the low bidder.

Mr. Hackman moved, Mr. Fazzalore seconded and it was unanimously carried to award the bid for bikepath resurfacing to James Associates Paving, Inc. in the amount of $22,330.

Mr. Hackman noted the engineer’s estimate was over $34,000.

Mr. Strahle asked the status of the bikepath the Board approved over one year ago to go past the Canal on Black Rock Road. Mr. Gouza stated he did not feel it was one year ago. He stated Mr. Coyne is going to do that construction. They need a permit from PennDOT and DEP for the crossing of the drainage ditch that runs parallel to the Canal.



Mr. Gouza stated there were three bidders and the low bidder is well qualified.

Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to award the bid for Kids Kingdom Pavilion to Premier Builders in the amount of $9,656.



Mr. Gouza stated they had to go to the Health Department for approval of the addition. This has resulted in a problem since what is existing was "grandfathered" and once they went back with the renovations, the Health Department raised concerns with the existing

April 5, 1999 Board of Supervisors - page 14

facility. Mr. Gouza stated they decided to bid the project as originally anticipated recognizing that following discussions with the Health Department, they may have to negotiate with the contractor on additional items. The Health Department is concerned with the existing ceiling tile, the lack of a slop sink, the lack of restrooms for employees, and the existing block walls. Mr. Hackman stated making the walls smooth is a major problem.

Mr. Gouza stated they are having further discussions with the Health Department on these matters.

Mr. Hackman moved and Mr. Fegley seconded to award the bid for the Community Pool concession stand addition to CraftSource, Inc. in the amount of $23,850 recognizing that there may be additional costs yet to be specified.

Mr. Strahle stated he is concerned that by approving this, it may be obligating the Township to pay an additional $30,000. Mr. Hackman stated the Pool has over $300,000 in available funds, and he feels they should upgrade the concession stand.

Mr. Fazzalore noted the competition is getting fierce and he feels they should provide for the pool members.

Ms. Beth Ann Menard, Chairman of the Pool Board, stated they have been working on this project for about five years and the membership has indicated through surveys and discussions with the Pool Manager their desire to make the concession stand more efficient. She stated the Pool Board feels it is important to move forward with this project. She stated Mr. Fazzalore is correct about the competition in the area. She noted they are also discussing heating the pools. She noted there is a pool in the area that is also looking into a fully enclosed pool. She feels the Township’s Community Pool is a positive addition to the community.

Mr. Hackman stated the project will be paid for by the Pool members through user fees.

He noted membership has gone up to 1300 families and they have not expanded the concession stand since the Pool was constructed.

Motion to approve carried unanimously.



Mr. Gouza suggested the bid be awarded to the low bidder. Mr. Hackman noted the new refrigerator/freezer is the biggest part of the contract. Mr. Gouza noted this is estimated to cost approximately $10,000.

Mr. Hackman moved, Mr. Fegley seconded and it was unanimously carried to award the bid for food service equipment to Epicurean Food Equipment in the amount of $16,176.20.

Mr. Hackman asked the status of the pool heating discussions. Mr. Gouza stated they have not heard back from PECO. He stated at the last Pool Board meeting they had numbers on the installation costs but they did not have information as to the charge from PECO to run gas to the facility. They also discussed that it would be unlikely that anything could be done on this project before the start of this season. He stated this project would have to go to bid. He stated they must also decide where the equipment will be located. He stated he does not feel this project could be completed until next year, but he feels they should proceed on this now so that they will not have a timing problem next year like they are experiencing this year with regard to the Snack Bar.

Mrs. Godshalk stated the baby pool must be flushed out every night, and she would not recommend heating this.



The Variance request of Robert and Dorathea Menzel, 1710 Clydesdale Circle, was discussed. The Board decided to take no action on this matter.

Mr. Hackman asked that Mr. Fedorchak make sure that all three Zoning Hearing Board members will be present to hear this application.



Mr. Fegley stated he received an application for the Government Award for Environmental Excellence. He stated he feels Lower Makefield should be considered for this given what they have done to preserve open space and fight suburban sprawl. He recommended that it be submitted to the Township staff so that they can prepare the submission.

There was discussion on the alternative cable provider which was previously discussed by the Board. Mr. Fegley stated he feels this matter will be brought to the Board of Supervisors in the near future.



Mr. Hackman stated he would like this matter to go back to the recommending Boards and ask that they provide the Board of Supervisors with their top ten suggestions.



Mr. Hackman moved and Mr. Fazzalore seconded to award the Bucks County Consortium bid for sign materials and sign posts to Garden State Highway Products.


There being no further business, the meeting was adjourned at 10:50 p.m.

Respectfully Submitted,



Frank Fazzalore, Secretary