MINUTES - APRIL 17, 2000

The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on April 17, 2000. 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. discussing legal and personnel matters. They were unable to complete this discussion and will need to adjourn to Executive Session following the regular meeting to complete unfinished business.

Those present:

Board of Supervisors:

Wesley Hackman, Chairman
Frank Fazzalore, Vice Chairman
Scott Fegley, Secretary
Fred Allan, Member
Grace Godshalk, Member


Terry Fedorchak, Township Manager
Jeffrey Garton, Township Solicitor
Jan Gouza, Township Engineer
Joseph Bainbridge, Acting Chief of Police


Ms. Herman expressed concern with unsafe traffic conditions on Lindenhurst/Stoopville Roads. She stated residents have written to Congressman Greenwood to ask for help from the Federal government. She read into the record the letter they have sent (copy attached). The Board noted they also received a copy of this letter. Ms. Herman stated they appreciate the Boardís continued support. She asked if Acting ting the date when they will hold a joint meting with Newtown. Mrs. Godshalk stated she feels the intersection is something Newtown could have worked on some years ago. Mr. Hackman stated there are regional problems that are going to need to be handled regionally. Mrs. Godshalk stated she feels Lower Makefield Township should continue to do what they are now doing to slow down traffic on Lindenhurst Road and make it less attractive to trucks.


Mr. Fazzalore moved, Mr. Allan seconded and it was unanimously carried to approve the Minutes of April 3, 2000 as written.


Mr. Hackman stated this matter was tabled at the last meeting because they wanted a brief description of what was proposed to be changed. Ms. Jennifer Stark was present and noted the letter dated 8/9/99 addressed to the Historic Architectural Review Board describing the discrepancy that has been in the Ordinance since 1985. She noted the overlay zone is larger than the Historic District. Mr. Garton stated the Ordinance up for consideration tonight does not expand the zoning district beyond what it was previously.

Mr. Garton noted there was also a change made to the qualifications of certain members who make up the Historic Architectural Review Board. Ms. Stark stated this will permit them to appoint someone from outside the Township if they cannot find a resident who is willing to serve. In this way they can have a full Board. Mr. Hackman noted they have indicated the Building Inspector of Lower Makefield Township is to be a member of HARB; and to the best of his knowledge, this has never occurred. Ms. Stark stated the Code Enforcement Officer is actually the individual who is needed and who has been attending their meetings. Mr. Hackman stated the Building Inspector does not live in the Township. Mr. Garton noted it is not required at this time that the Building Inspector be a Township resident since it is a matter of their status as Building Inspection as opposed to their residency. It was agreed that the Ordinance should be changed such that it will be the Code Enforcement Officer who would be a member of HARB as opposed to the Building Inspector.

Mr. Allan noted there is a parcel of ground in the Edgewood Village which is for sale, and he asked if they would be required to come before HARB if they were to build. Ms. Stark stated they would need to obtain a Certificate of Appropriateness. Mrs. Godshalk noted the parcel Mr. Allan has noted is not Commercial as the sign indicates; it is Historic/Commercial which permits a limited number of uses.

Mrs. Godshalk moved and Mr. Fegley seconded to approve Ordinance No. 325 amending the codified Zoning Ordinance by modifying the section pertaining to the Historic District with the amendment that the draft Ordinance change the reference from Building Inspector to Code Enforcement Officer. Motion carried with Mr. Fazzalore voting no. Mr. Fazzalore stated he feels if a Lower Makefield Township resident is not available, only then should they go outside the Township to find a professional.


Mr. Fegley announced the approval of a Grant from the DEP in the amount $110,000 for the restoration of Brock Creek. He stated this is a joint application between Lower Makefield, Yardley, and Middletown. This will provide money for an initial survey and mapping and the creation of a blueprint for the restoration of Brock Creek from its source in Middletown to the River in Yardley as well as provide money for an initial implementation project. They hope to accomplish the rest of the improvements with additional Grant applications, several of which are being studied at this time. Mr. Fegley stated previously the Board approved signing the Contracts, but this was before they received approval from the Federal government for the Grant.

Mr. Garton stated no further action is required this evening if they have already signed the Contracts. Mrs. Godshalk noted Page 1 of Mr. Gartonís letter and asked if this was done. Mr. Fedorchak stated he will check with the consulting engineer on this. Mr. Fedorchak stated he feels this Grant should be approved by the Board this evening.

Mr. Fegley moved and Mr. Fazzalore seconded to accept the PA DEP 319 Non-Point Source Management Grant in the amount of $110,000.

Mr. Hackman asked if this will cost the Township any money. Mr. Fegley stated there is a matching requirement for the implementation/construction phase only. Mr. Hackman stated it appears this could be up to $45,000. Mr. Fegley stated the most the Township would have to pay would be the 25% Municipal match that would be required, and they could count in-kind services which could be work done by the Public Works Department. He noted the other participating Townships would also pay their pro-rated share if the work was done in their Township. Mr. Garton noted work done by volunteers could also count toward the match portion.

Motion to approve carried unanimously.


Mr. Edward Murphy, attorney, Mr. Vince DeLuca, and Mr. Tom Doyle were present. Mr. Murphy showed a Sketch Plan for the property located on Newtown-Yardley Road. He stated they propose to have a road where the existing nursery driveway is located and will interconnect with an existing temporary cul-de-sac on Drew Drive. Thirteen lots are proposed one of which is an existing lot. The home in the rear will remain. There are currently two tax parcels. They are not proposing any improvements or access to Houston Road. Mr. Murphy added there are number of very mature trees which would have to be removed if they were to improve Houston Road. Mr. Murphy stated there is a creek in the rear and a fair number of trees in the rear and the rest of the site is relatively open. Mrs. Godshalk questioned the term "temporary cul-de-sac," and Mr. Murphy stated this is actually a stub street.

Mr. Garton asked if they will lot out the woodlands and the creek or offer it for dedication, and Mr. Murphy stated behind this are the rear yards of a thirty to forty year old subdivision. They have shown on this plan that the land would be lotted out, but they would be willing to discuss this with the Township. Mr. Fegley stated since there is no adjacent Township open space, he would not be interested in having this dedicated to the Township.

Mr. Murphy noted Houston Road is approximately 400 feet from the new road, and the Planning Commission was not opposed to this. They will require a waiver for this. Mr. Hackman asked about the possibility of building a bridge across Houston Road. Mr. Murphy asked why they would do this unless they wanted to make significant improvements to Houston Road. Mr. Fegley was not in favor of this. Mrs. Godshalk stated they could make this a walking bridge. Mr. Hackman agreed that the residents on the opposite side of Houston Road would probably not want to see a road. Mr. Fegley stated he would not be opposed to a bikepath connection. The developer was asked to look into this.

Mr. Allan questioned why this property was already being listed on the MLS if they have not yet received approval. Mr. DeLuca stated this property is not on the MLS, and stated he would be willing to discuss this further with Mr. Allan following the meeting.


Mr. Edward Murphy, attorney, was present with Mr. Vince DeLuca and Mr. Tom Doyle. Mr. Murphy showed the Sketch Plan as it relates to Floral Vale. Mr. DeLuca stated one of the buildings will be a one-story building and the others will be three-story buildings. They already have a tenant interested in one of the new buildings.

Mr. Murphy stated the only concern they discussed with the Planning Commission was not installing the planted islands between the parking stalls. This would require a waiver. Mr. Hackman stated these serve to break up the parking. Mr. Murphy noted on the plan where they propose to have landscaped buffers. Mr. DeLuca stated if they are required to have the planted islands, this pushes the parking further away from the buildings. According to the Ordinance ten foot islands are required.

Mr. Murphy stated the Planning Commission asked that they look into coordinating access with Goodwin & Lacey, and they are looking into this.

It was noted there are three entrances for Floral Vale, two on Township Line Road and one on Yardley-Newtown Road. Mrs. Godshalk noted it may be a good idea to have a connection between the two developments. Mr. DeLuca noted they do not control the open space in Floral Vale. A potential access point was noted, and Mr. DeLuca agreed to look into this. Mr. Fazzalore stated this would keep people from having to go out to the main roads if they need to travel to the adjacent development.


Mr. Edward Murphy, attorney, was present with Monsignor Schumaker. Mr. Murphy showed the plan which shows the existing St. Ignatius church property which is slightly less than eighteen acres and includes the Church, Rectory, the School, and parking. Mr. Murphy stated the Monsignor was able to acquire three additional tax parcels which will bring the total amount of acreage from less than eighteen acres to thirty-four and a half acres. The plan shows the addition of a new Rectory and Pastoral Center with some parking added to the rear of the existing parking lot, an access road which goes out to Sandy Run Road, four or possibly five modular classroom units for the School, and additional parking to the east of the existing Rectory which will be converted to meeting space.

Mr. Hackman noted the length of the new proposed road. Mr. Murphy stated they hope to minimize the intrusion into the woods and maximize the sight distance on Sandy Run Road. The Monsignor noted the classrooms will be added over a period of ten years.

Mr. Fegley asked about impervious surface and Mr. Murphy stated they are within the required limits.

Mr. Fazzalore noted the additional road will help facilitate people exiting the property.

Mr. Allan stated he feels they have done a commendable job of saving the trees.


Mr. Allan moved and Mr. Fazzalore seconded granting an extension of time to Edgewood Pointe Preliminary Plan to 8/4/00.

Mrs. Godshalk stated she felt this was turned down by the Court. Mr. Garton stated this is a new Plan and has not yet gone before the Planning Commission. Mrs. Godshalk stated it is possible the Board may not meet the first meeting in August, and Mr. Murphy stated if needed, they would agree to extend the date further. Mr. Hackman stated the prior plan was denied, and Mr. Garton stated this is an entirely new application.

Motion to approve carried unanimously.


Mr. Allan moved and Mr. Fegley seconded to grant an extension of time to Fieldstone @ Lower Makefield to 8/31/00.

Mr. Garton stated he feels the Boardís prior concerns are understood.

Motion to approve carried unanimously.


Mr. Allan moved, Mr. Fegley seconded and it was unanimously carried to grant an extension of time to Gary and Jeanette Minnes Preliminary/Final Plan to 8/10/00.


Mr. Allan moved and Mr. Fegley seconded to grant an extension of time to First Baptist Church of Newtown Preliminary Plan to 8/7/00.

Mr. Fazzalore stated he understands they are going to the Zoning Hearing Board. Mr. Garton stated the Special Exception was granted in 1982 and they also need impervious surface relief. Mr. Fazzalore stated when they sold ground to the Water Company they were to be in compliance as part of that Agreement. Mr. Garton stated Ms. Frick could review the file with regard to this matter.

Motion to approve carried unanimously.


Mrs. Godshalk moved and Mr. Fazzalore seconded to approve Certificate of Appropriateness to First Union Bank, 706 Stony Hill Road, for a roof-mounted satellite dish. Mrs. Godshalk noted this is to run the computer in the Bank and has been approved by HARB. Motion carried unanimously.

Mrs. Godshalk moved and Mr. Fazzalore seconded to approve Certificate of Appropriateness to Portobelloís Ristorante Italiano for its sign. Mrs. Godshalk noted this has been approved by HARB, and a sketch was provided in the Boardís packet. Motion carried unanimously.


Linens were signed following the meeting.


Mr. Fegley moved and Mrs. Godshalk seconded to approve Resolution No. 1056. Mr. Fegley stated this will allow Mr. Allan to sign. Motion carried unanimously.


Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to approve April 3, and April 17, 2000 Warrants Lists and March, 2000 payroll as attached to the Minutes.


Mr. Fedorchak stated he has been in contact with the engineer working for the DEP who has indicated they are working on the paperwork and have begun the final written report. He indicated on the phone that their written report will reflect that the project is justified. Mr. Fedorchak stated he conveyed on the phone to the DEP representative how anxious he was that the written report be completed and was advised that the next round of funding is not until October. Mr. Fedorchak stated he will contact them again next week to see if they can move the project along and get the report into Mr. Steil and Mr. Contiís hands as soon as possible so they can bring it to the State for the next round of funding.


Mr. Fedorchak stated he feels they budgeted $30,000 for renovations and $30,000 for an architect. At this point he would like to advise the Board of Supervisors that they are working in this direction and feels it would be to their benefit to get an architect to "coach" them. He would like to check with a number of architects to get proposals.

Mr. Hackman stated he has walked through the Police Department with Acting Chief Bainbridge and there is a large, unimproved area that is being used for storage. He feels they should start using this area. He feels they need someone who has designed Police Departments to help them. Acting Chief Bainbridge stated this area has no heating or air conditioning and they need someone to "coach" them through this project.

Mr. Fazzalore asked if they will be doing away with the holding cells, and Acting Chief Bainbridge stated they will not since they plan to begin using them.

Mr. Hackman asked that Mr. Fedorchak get back to the Board at the next meeting with the name of some architects.

Mr. Hackman stated they may need to use Meeting Room C for storage.


After discussion, Mr. Fedorchak suggested Friday, May 5 at 8:00 a.m. as the date for the Road Tour.


Acting Chief Bainbridge stated this is the continuation of the project to get emergency power to the traffic lights. Three contractors were contacted with two responding. The low bidder was Marco Electric. He noted the Township already has the generators.

Mr. Fazzalore moved and Mrs. Godshalk seconded to award the contract to Marco Electric to install electrical connections and indicator lights to twenty-four traffic lights at a cost of $6,816.

Mr. Hackman stated they indicated they wanted to put in manual switches as opposed to automatic. Acting Chief Bainbridge stated the Township wants them to install automatic switches, and Marco has agreed to do so.

Motion carried unanimously.


The Realen Homes request to eliminate a concrete-lined cattle watering trough on the property located at 1040 Stony Hill Road was noted. Mr. Garton stated this is on the Loberg Tract. He stated since this has contained water for some time it is classified as Waters of the Commonwealth. If they are able to remove this trough, they will be able to save a hedgerow that the neighbors would like to see saved. Mr. Edward Murphy was present with Mr. DeLuca who is the new owner of Realen Homes. It was noted the matter is scheduled to go before the Zoning Hearing Board tomorrow night. The Board decided to take no action on this matter.

There was discussion on ADA Properties, L.P. request for a Special Exception to permit a place of worship at 1237 Edgewood Road. Mr. Garton noted the letter he sent to the Board regarding this matter listing the number of variances which are also being sought in addition to the Special Exception. He stated the applicant has requested a continuance of the Hearing, and the Township is concerned that they cannot take enforcement action on the current violation while this matter is pending before the Zoning Hearing Board. They have asked for a continuance until June. Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to have the Solicitor attend the Hearing in opposition and oppose the continuance.


Mr. Hackman stated Ms. Klayman, who runs the Snack Bar at the Pool, has asked permission to install security cameras in the Snack Bar at her cost. The Board had no opposition to this. Mr. Hackman asked for an update on the installation of the gas line at the Pool, and Mr. Gouza stated they met with PECO who indicated they need a PennDOT permit to cross Edgewood Road. This was picked up Friday, and they are walking this through the system. PECO intends to start their portion of the project by May 1 and be on-line when needed.

Mrs. Godshalk asked about the Peake Farm property where there were a number of problems. She noted particularly the trees which are below the required height and the woods which need to be cleaned up. Mr. Gouza stated they have made an in-depth report on the work that needs to be done, and this was forwarded to the Quaker Group. He stated 90% of what was planted was not in accordance with requirements.

Mrs. Godshalk asked about traffic counts on Lindenhurst Road, and Mr. Gouza stated counters are scheduled to be installed on April 26. They will take counts for one week and then proceed to PennDOT to try to justify installation of lights. They wanted to take the counts prior to the end of school and the closing of certain roads. Mrs. Godshalk asked that they look at this area on the Road Tour.


Ms. Herman asked the plans for North Park. Mr. Fazzalore stated those plans are currently on hold. Mr. Fegley stated they do have a recommendation from the Park & Recreation Board, and he feels they should bring this back to the Board of Supervisors for consideration. Mr. Fegley stated he feels they need to approve a Master Plan so the residents in the area are aware of what is proposed for the Park. He stated the Board can then begin budgeting money each year for the development of the Park. Mr. Hackman stated he feels they should consider putting a fence along the property line along the west side of the Vargo property where homes are going to be built.


Mr. Allan moved, Mrs. Godshalk seconded and it was unanimously carried to re-appoint Ron Smith to the Park & Recreation Board.

Mr. Hackman adjourned the meeting to Executive Session at 9:15 p.m. noting that no official business will be conducted following the Executive Session.