The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on February 15, 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




Terry Fedorchak, Township Manager


Jeffrey Garton, Township Solicitor


Duke Doherty, Township Engineer




Charles Ronaldo, Chief of Police


Mr. Steve Seu of 904 Mt. Eyre Road stated the Board previously discussed the Loberg Tract and tabled it to a future meeting with the understanding that the developer would meet with the neighbors prior to that time. Mr. Seu stated two separate groups did meet with Mr. Dwyer, and Mr. Seu summarized the meting with the Mt. Eyre group in the letter he sent to the Township. Mr. Seu stated he is concerned since Mr. Dwyer has indicated if he is not able to reach an agreement with the neighbors he will proceed with the engineering for the plan that does meet the Township requirements. He stated the neighborhood groups are not in favor of that plan. Mr. Strahle stated the Board of Supervisors plans to look at this site on the Road Tour. He stated he personally is interested in Lot #12 as well as other issues. The date for the Road Tour will be set later this evening. Mrs. Godshalk stated the developer went before the Historic Commission and she advised the Historic Commission that she did not feel they should be discussing the plan since the Township was not in agreement with what had been presented and there were concerns being expressed by adjacent neighbors. Mrs. Godshalk stated she has already visited the site. Mr. Hackman stated if the developer moves ahead with engineering plans he does so at his own risk.

Mr. Bill Bayer from Gatefield stated he backs up to Lot #12, and he and his neighbors had a consensus on a plan they could live with. He is concerned that the developer is now proceeding with a different plan. Mr. Hackman stated the neighbors should be advised when the Board of Supervisors will be on the site during the Road Tour. Mr. Joe Battipaglia from Upper Makefield stated Upper Makefield is also going to discuss this matter.



Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve the Minutes of February 1, 1999 as corrected.


Mr. Alex Brown, from the New Jersey Department of Transportation, was present to discuss the detour route for the Route 29 Project. He noted a plan showing the work currently taking place on Route 29 near Waterfront Park and how the project will look when completed. He stated the next phase of the project will cause a two-year detour and there will be a great deal of congestion. He stated they are recommending implementation of flex hours for companies in the area. They have also alerted the trucking industry so that they do not use this as a quick route. Waterfront Park will not be having their businessperson special games during 1999. The tunnel will be completed after two years. He stated they have a website and an 800 number so people traveling to the area can find out about road conditions. A copy of the detour map is shown on the website. Mr. Brown stated they will start construction March 1.

Mrs. Godshalk asked if they feel this will bring more traffic to the Scudders Falls Bridge, and Mr. Brown stated he feels this will be the case.


Mr. Doherty noted on the overhead the proposed location of the Roelofs Park concession/restroom building. It will be 1600 square feet and 840 square feet of this will be restroom area. The women’s facility will be larger than the men’s since this Park is primarily for girl’s softball. Site improvements are necessary to get water and sewer to the site. These will come from Mill Run, and it will require easements from Bucks Hill II.

Mr. Hackman stated the Park & Recreation Board spent a great deal of time on this project last year. He stated he is concerned about safety if the building is built at the proposed location and feels it should be moved to the end of the parking lot so that those using the facility do not have to walk across the parking lot. He does not feel this will impact the removal of any additional trees.

Mr. Fazzalore asked if the Township provides storage areas for other Leagues.

Mr. Doherty stated the intention was to have one storage area rather than have to construct additional little storage boxes on the site. Mr. Hackman stated PAA is looking for storage for their pitching machines, etc. and rather than building a separate building, it was decided to incorporate League storage in this facility. Mr. Fedorchak stated there will be room for storage of Township equipment in this facility as well. Mr. Fazzalore asked if PAA is going to contribute to the cost of the structure since they are getting storage space.

Mr. Hackman stated he raised this issue, and the PAA representatives indicated they may contribute. Mr. Hackman stated they could consider having a wall that was not permanent so that it could be moved. Mr. Doherty stated there could be a wall installed which could be moved. Mr. Fazzalore stated his concern is the Township does not provide storage for other groups. Mr. Fegley stated he feels they should lease PAA the space.

Mrs. Godshalk asked how many girls could be at the location at one time. Mr. Fred Allen stated there are always a minimum of fifteen girls on a team so there could be ninety children playing at one time plus their parents and siblings. Mrs. Godshalk stated she felt five stalls at the women’s restroom area was too many. Mr. Hackman stated if they cut this down to three, he did not feel there would be any significant savings.

Mr. Fegley asked the estimated cost of the facility. Mr. Doherty stated the building itself is $185,000 and with the water and sewer it is estimated to be between $250,000 to $275,000. Mr. Fegley asked if this was budgeted, and Mr. Fedorchak stated it was budgeted and is coming from Fee-In-Lieu funds.

Mr. Hackman moved to authorize the Township Engineer to prepare specifications and place the project out to bid provided it is relocated down to the end of the parking lot.

Mr. Fazzalore seconded.

Mr. Allen stated if the building is moved down any further, he does not feel those using the first field would make use of the concession stand. Mrs. Godshalk suggested the Board look at this on the Road Tour.

Mr. Hackman moved and Mr. Fazzalore seconded to amend the motion that the storage be changed to one large storage area and the Township will consider leasing a portion to the Leagues for their storage.

Mr. Allen asked if there is not storage at Macclesfield Park for YMS in the concession building. Mr. Fedorchak stated that YMS built their own shed and if they have anything in the concession building, it is very limited.

Motion to approve carried unanimously.



Mr. Doherty showed an overhead of Kids Kingdom and the proposed location of the sheltered seating area. He also noted the proposed location of the donor plaque which will acknowledge the donation made in memory of Mrs. Breitenfeld which will pay for a portion of the cost of this project.

Mr. Hackman moved, Mr. Fazzalore seconded and it was unanimously carried to authorize the Township Engineer to prepare specifications and place the Kids Kingdom sheltered seating area out to bid.



Mr. Doherty noted the Park & Recreation Board has recommended that these areas be resurfaced. Mr. Hackman stated last year a substantial amount of time was spent sealing cracks in the bikepaths and it was felt that these areas needed the most work.

Mr. Hackman moved and Mr. Strahle seconded to authorize the Township engineer to prepare specifications and bid to resurface sections of the bikepath on Creamery,

Dolington, and Big Oak Roads.

Mrs. Godshalk stated she feels they should consider installing concrete since concrete seems to last longer. Mr. Strahle asked that the engineer look into concrete versus the material normally used for bikepaths.

Motion to approve carried unanimously.



Mr. Fedorchak stated the Board of Supervisors previously reviewed the proposal from Kids Krafts ‘99 and had asked that they obtain the necessary insurance which they have done. Mrs. Godshalk asked about the location for the program in the event of inclement weather, and Mr. Fedorchak stated he understands they will use Edgewood Elementary School.

Mr. Fedorchak stated this is the first time they will offer a Coed Lacrosse Camp. This will be held at Macclesfield Park.

Mr. Hackman moved, Mr. Fazzalore seconded ad it was unanimously carried to approve the Coed Lacrosse Camp and Kids Krafts ‘99.



Mr. Fedorchak stated last Thursday he met on the site with Mr. Hackman, Ms. Stark,

Mr. Coyne and representatives from Public Works and Park & Recreation to consider a plan of action to take care of a number of concerns. They must first clean up the area. He noted the barn which was attached to the silo was knocked down by Mr. Copson because it was unsafe. There is a great deal of debris associated with this to be removed. He stated last year they worked with a salvage group from New Hope so what is left is scrap. He stated they may be able to burn some of this but much of it will have to be landfilled. The large garage will also need to be knocked down and they will have to make arangements to have this material landfilled as well. Mr. Coyne will be working on this and will advise the Township of the costs involved. Hopefully within the next sixty days they will have the area cleaned up. In addition, they have the historic structure which must be cleaned out and backfilled to stabilize. Ms. Stark will be the Project Manager and will be directing Public Works on the restoration. They also have work to do at the springhouse and they will be working on this as part of the project. At some point they will be fencing in the springhouse and foundation to provide security.

Mr. Fazzalore stated for 1999 they budgeted approximately $30,000 for a landscape architect to review the proposal and asked from where the funds for this work being discussed will be coming. Mr. Fedorchak stated they will develop a budget for this work and will report back to the Board. He feels a large percentage of the cost will be absorbed by the Township employees doing the work. Mr. Hackman stated there was a budget surplus last year. Mr. Fazzalore stated he feels they should look at the Long Range Plan. He asked why they are restoring the foundation and what this will mean. Mr. Hackman stated Ms. Stark presented the proposal to the Board of Supervisors which was recommended by the Historic Commission. Mrs. Godshalk stated it will be a historic interpretation of a farm building.

Mr. Hackman stated a plaque will also be installed to explain what was there.

Mr. Fazzalore stated he feels this is a waste of money.

Mr. Fedorchak stated he will report back to the Board of Supervisors with more definite costs and dates when work will be done. Mr. Fazzalore stated he is concerned that if Public Works is doing this work, they will then be charging overtime for other work they were not able to do because they were working on this project.

Mr. Hackman asked that the Township engineer provide an estimate on what it will cost to restore the springhouse and the foundation.



With regard to review of the Community Pool Financial Report, Mr. Fedorchak stated

Mr. Taylor is not present this evening but has advised that there is over $364,000 available.

Mr. Hackman stated he has questions for Mr. Taylor about this, and he feels the Auditors should advise the Board what is going on with the pool funds. He stated in reviewing the Revenue and Expense reports it appears there was $417,000 and he questions why they are now indicating there is only $364,000. He stated Mr. Taylor indicated the $417,000 should really be $600,000. Mr. Fazzalore stated the estimated cost of the Snack Bar renovation including outfitting is approximately $39,000. Mr. Strahle stated it appears there is more than enough money to move ahead with this project.

Mr. Fazzalore moved and Mr. Hackman seconded to authorize the Township engineer to prepare specifications and put the Snack Bar project out to bid not to exceed $40,000 including equipment.

The plan for the renovation was shown on the overhead, and Mr. Hackman stated they are enclosing the overhang area. They will purchase a large commercial refrigerator/freezer.

They will also turn the grill around and install new exhaust fans in the ceiling. They will expand one window and change the way the other windows operate.

Mr. Brad Sharp was present and stated the old freezer is from 1981 and is currently outside. They will replace this with a large walk-in variety. Mr. Sharp stated he does not feel this is a "Band-Aid" and feels this is the final proposal for the Snack Bar.

Mrs. Godshalk asked about the gross receipts for last year, and Mr. Sharp stated they were in excess of $60,000.

Mr. Fazzalore asked about winterizing the snack bar, and Mr. Sharp stated they will shut it down and winterize it as they do with the rest of the pool.

Motion to approve carried unanimously.

Mrs. Godshalk stated the funds for this project are coming strictly from pool member fees and Township general funds are not used.


Mr. Sharp stated the Snack Bar Contract is up and the Contract should be sent to the vendor for her approval. The only change they have made is the requirement that she pay at least minimum wage. Mr. Garton asked that Ms. Sherron be asked to fax him a copy of the Contract and he will report back to the Board. Mrs. Godshalk asked how much the vendor pays, and Mr. Sharp stated she pays $2,500 plus her share of the electricity.



Mr. Garton stated the Planning Commission has reviewed the Ordinance and recommended minor changes which were in the memo from Ms. Frick dated 1/12/99. The copy submitted to Mr. Fazzalore this evening does incorporate these minor changes which do not require re-advertisement.

Mr. Fazzalore moved and Mr. Fegley seconded to approve Ordinance No. 321.

Mr. Doherty stated with this Ordinance they have reduced release rates to 50% of what they were pre-development.

Mr. Hackman noted Page 1, Section 1, Item 5 which he feels would read "from the property" rather than "on the property." This change was acceptable to the Board and the motion was so amended.

Mr. Hackman noted Page 4 where it discusses permanent ponds. He noted the criteria and feels it would be impossible to use a pond for stormwater using the engineering shown. He feels instead of being required this way it should be a preferred way. He feels this should refer to new ponds and not old ponds. Mr. Garton stated the Board of Supervisors could simply waive this requirement if they desire on a specific tract. He stated if they use the word "prefer", the developer would most likely not do it. It was agreed that no change would be made to this section.

There was no public comment and the Motion as amended carried unanimously.



Mr. Garton stated his office was advised to appear in opposition to the Koretzky Zoning Hearing Board Application and when he advised Mr. Murphy of this, Mr. Murphy requested that he be permitted to come before the Board of Supervisors on this matter.

Mr. Murphy stated one month ago he was advised that the Board had elected to send the Township Solicitor in opposition to this application. He stated he asked if it would be possible to appear with Mr. Koretzky and his engineer, Mr. Winokur, so that they could discuss what they propose. Mr. Murphy presented a plan for the property located on Buck Creek Circle in the Buck Creek Estates Development off Route 332. The property was outlined in red. He noted the drainage area is 565 acres. He stated the encroachment of the tennis court is minuscule compared to the entire drainage area. He showed a plan with the proposed tennis court and the portion which will encroach. He noted if they did not need fill, they would not have needed to go before the Zoning Hearing Board. Mr. Murphy stated the Township has a 30 foot wide sewer easement on the property that impacts where they can locate the tennis court.

Mr. Fegley asked about impervious surface, and Mr. Murphy stated they will not exceed the amount permitted. He stated the property is more than two acres but there was a limited area within which the tennis court could be located because of the easement and the floodplain.

Mr. Winokur noted they will install a small retaining wall and will have two feet of fill.

Mr. Murphy showed photographs of the site and noted the proposed location for the tennis court which is currently lawn area.

Mr. Murphy stated the adjoining property owners have no objection. One of the neighbors is present and he has letters from two other neighbors. Mr. Fazzalore asked if the courts will be lit, and Mr. Koretzky stated he has not made a decision on this as yet.

Mr. Hackman moved, Mr. Fegley seconded and it was unanimously carried that the solicitor not appear in opposition to this application.


Mr. Keith Rattigan was present and stated they would like permission to leave the "Toll Bros." sign on the entrance sign until they have completed selling the lots. He stated once they have completed all sales, they will remove it. He stated it is a separate sign which is screwed on and can come off when they are done selling all lots. Mr. Rattigan showed pictures of the sign.

Mrs. Godshalk moved, Mr. Fazzalore seconded and it was unanimously carried to allow the "By Toll Bros." sign to remain until the last house is sold and that the sign be brought up to Township standards by dedication of the roadways.


Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve the Fieldstone Extension until May 21, 1999.


Mr. Fedorchak stated they previously reviewed the Biby Engineering proposal.

On January 11 they sent a proposal for $150 per hour for engineering time and $225 per hour for expert testimony. The Township asked about travel expenses. They have sent a fax on February 4 amending the original proposal offering to charge half time for travel

(which would be $75 per hour) in addition to out-of-pocket expenses. Mr. Fazzalore stated he felt they were going to try to put a ceiling on this. Mr. Fedorchak stated he felt this would be difficult to do. Mr. Garton stated the Board of Supervisors wanted to see if any other co-location sites would be suitable for this or whether any of the existing locations could cover this area.

Mr. Gunkel noted Sprint has also presented a plan for a new pole.

Mr. Fegley stated he would like to see the existing poles filled before any new poles go up since he feels this is what the Ordinance requires unless they can prove that they cannot locate on any of the existing towers.

Mr. Fegley asked about the status of AT & T co-locating on the police tower.

Mr. Fedorchak stated currently they are looking at locating a tower in the far back area where Mr. Coyne did clearing years ago. They have discussed this with the County and he will report to the Board on this in the near future. Mr. Garton stated he does not feel this location would meet the coverage needs for AT & T.

Mr. Fegley moved and Mr. Strahle seconded to proceed with the Biby Engineering proposal in accordance with the proposal submitted. No vote was taken on the Motion.

Mr. Hackman stated he feels the location proposed by AT & T is in accordance with the Ordinance and feels they should permit it and others to co-locate on this new tower. He is not in favor of spending money on this expert. Mr. Fegley stated if they do not enforce the Ordinance which requires co-location if possible, they will have many of these towers.

Mr. Hackman noted a number of locations where he feels towers will be located and at that time he feels they will have the Township covered.

Mr. Garton suggested that Mr. Biby be asked to do a records review in his office rather than travel to the Township.

Mr. Fegley moved, Mr. Strahle seconded and it was unanimously carried to assemble a package of application and materials that came from AT & T and the application and plans from Nextel, Comcast, and the Sprint Application to determine whether the coverage required by the AT & T location, the subject of the Conditional Use Application, can be covered by the other co-locations and also to look at it from the Sprint perspective which will be coming in at the same time and ask that Biby Engineering provide an estimate as to how much it would cost for a records review.



The solicitor was asked to appear in opposition to the AT & T Wireless PCS of Philadelphia Special Exception Request to permit antennas on a PECO utility pole located on Quarry Road.

There was discussion on the Congregation Beth El request for a variance to place a sign in the right-of-way of Stony Hill Road. Mr. Edward Murphy was present and showed where they wish to locate the sign. He stated the sign meets the Ordinance requirements but they would like to locate it inside the ultimate right-of-way but outside the legal right-of-way. This will avoid the necessity to remove trees.

Mr. Gunkel noted other signs which he feels are also located inside the ultimate right-of-way. Mr. Strahle asked about the content of the sign which includes a notation about the Learning Center. Other locations where similar wording is shown on signs was noted.

Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried that the Township take no opposition.



Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve the February 1, and February 15, 1999 Warrant Lists and January, 1999 Payroll as attached to the Minutes.



Mr. Fegley stated the DEP is behind in getting out the Grant applications so Skelly & Loy has not been able to complete this as yet. The deadline will not be until April or May and he will report back at that time.

Mrs. Godshalk noted the next meeting of the Farm Business Ordinance review committee meeting will be held in March.

Mrs. Godshalk noted there are cars without tags parked on Yale Drive. Mr. Fedorchak was asked to bring this to the attention of the Chief of Police.


Mr. Hackman stated the Zoning Hearing Board has gone on record that they would like to expand the Board from three to five members.

Mr. Hackman moved, Mr. Fazzalore seconded and it was unanimously carried to authorize the Township Solicitor to prepare and advertise an Ordinance expanding the Zoning Hearing Board from three to five members.


The spring Road Tour will be held on Saturday, March 6 at 8:00 a.m.



Mr. Fazzalore moved and Mr. Fegley seconded to appoint George Luciani and Jeffrey Schroder and re-appoint Robert Shelly to the Farmland Preservation Corporation.

Mr. Hackman stated there are three members of the Farmland Preservation Corporation up for re-appointment, and he feels they should re-appoint more than one of them.

Mrs. Godshalk agreed. Mr. Strahle thanked the two members who were not re-appointed for their years of service to the Township.

Motion carried with Mrs. Godshalk and Mr. Hackman opposed.


Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to appoint Susanne Curran to the Historical Commission.


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

Respectfully Submitted,




Frank Fazzalore, Secretary