MARCH 6, 2000

The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on March 6, 2000. Mr. Hackman called the meeting to order at 7:30 p.m. noting that the Board met in Executive Session for one hour to discuss legal and personnel matters. He also noted the Board met in Executive Session last Wednesday to interview residents for vacancies on various Township Boards and Commissions.

Mr. Hackman announced that information is now being received for the year 2000 Census and he noted it is extremely important for everyone to answer and return the Census. Mrs. Godshalk expressed concern that the mailing addresses for a number of residents in Lower Makefield Township are Morrisville and Newtown and stated she would like to make sure this is sorted out. Mr. Fedorchak agreed to contact the Census representatives.

Those present:

Board of Supervisors:

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


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


Mr. Richard Storm stated the detention basin off Ramsey Road is holding a significant amount of trash, and Mr. Fedorchak was asked to look into this.


Mr. Fazzalore moved and Mrs. Godshalk seconded to approve the Minutes of February 21, 2000 as written. Motion carried with Mr. Hackman abstaining.


Mr. Joseph Taylor, President of Matrix Corporation, Mr. Mark Brockman, attorney, Mr. Bob Rodgers, traffic consultant from Orth-Rodgers, Mr. Russell Tepper, Matrix representative, and Mr. Ken Griffin, Matrix representative were present.

Mr. Garton noted some years ago the Township and Bellemead Development Corporation executed a Master Plan Agreement for the property located off Big Oak Road and Oxford Valley Road. Two-thirds of the property is in Lower Makefield and one-third is in Middletown. Since that time there have been occasions in the past when Bellemead and others have come before the Township regarding certain portions of the site. Several months ago representatives of Matrix approached the Township about their possible acquisition of the property from Bellmead, and they have met with Township staff to discuss their plans. They are now before the Board of Supervisors with a conceptual plan.

Mr. Brockman stated the Bellemead plan was for 1.3 million square feet of commercial and industrial uses, and the plan they will discuss this evening reduces that intensity by approximately 300,000 square feet and calls for office, retail and hotel uses.

Mr. Taylor stated they have been Contract Purchaser for the site for one year. He stated Matrix is a twenty-one year old private development company. Their specialty has been ground-up development on large suburban tracts, and he reviewed the various tracts they have developed in the area. They have built 10 million square feet of warehouse and office space. They are interested in building in the Route 1 Corridor. They do not believe the market can support 1.6 million of corporate office space in this area. They have therefore scaled down the space for office use. They have done a great deal of research on industrial and retail markets but do not feel industrial is the best use for this site. They have tried to come up with the best mix of uses. This would include retail use, 600,000 square feet of three to four-story office use, and a limited service hotel. They do not have specific users although they are in discussion with a number of companies. When they come in with a specific application, they will bring a much more detailed plan and have specific users in mind.

Mr. Hackman stated he feels they must improve Township Line Road from the railroad tracks up to the Oxford Valley light. Mr. Taylor stated they agree that they must make improvements from the bridge to the railroad property, although they are not certain as to the nature of the design. Mr. Hackman asked the proposed use of the tract adjacent to the private residence, and Mr. Taylor stated this would be a retail use. Mr. Hackman stated on the original plan Old Oxford Valley Road was going to be re-routed. Mr. Taylor stated they have removed ingress and egress off of this with the exception of the one retail use.

Mrs. Godshalk stated she still feels the road must be relocated to accommodate the traffic already in the area.

Mr. Rodgers distributed a graphic showing the substantial reduction in traffic projections for this development as compared to the original approved Bellemead plan. He stated this is based on the different uses and generally-accepted figures for trip generation.

Mr. Fegley expressed concern with the impact these revised plans will have on projected tax revenues if they are reducing the square footage from the previous plan. Mr. Taylor stated the prior plan was for 1.3 million square feet, and they are going to approximately 900,000 square feet. Mr. Fedorchak noted retail is assessed at a higher rate than office use.

Mr. Rodgers stated there was previous concern expressed with the Oxford Valley Road Interchange. He noted he does work for Falls and Middletown Townships and presented a graphic showing the proposed improvements to the Interchange. This project should go to bid by September of this year. Mr. Rodgers stated the previous plan was a four-phased project and they are now only considering Phases 1 and 2. He reviewed the improvements they propose for the area. He stated they are assuming the first phase of the development will be the retail use and the second phase will be the office use although these could occur at the same time. Mr. Taylor stated they are actively marketing all parts of the development. He stated he feels the hotel may be the most likely use to proceed first. Mr. Hackman stated he understands the hotel is not permitted in the location they are showing. Mr. Brockman stated the C-3 Zone would require a Special Exception for this use.

Mr. Hackman stated the original lay out had office buildings with parking around them, and the lay out they are now presenting shows a 3,000 car parking lot which he does not feel looks very attractive. Mr. Taylor stated they have a wetlands issue and were also attempting to keep the parking away from the residential area. He stated what they are showing is only a conceptual plan at this time. He agrees that there is a significant amount of blacktop being shown and stated they will work on this further as a determination is made on the various users and will attempt to maintain as much green space as possible. Mr. Taylor stated in the past they have shown on their plans for other developments that they can meet the parking requirements but have built less than that amount and left the remainder in green space which could be built as needed.

Mr. Fegley asked about the drainage systems noting they have shown some detention basins on the conceptual plan. He noted the large parking area and asked if they have considered other drainage options. He noted the location of the large wetlands area and expressed concern about the significant amount of impervious surface. He stated he would like them to consider something more "state of the art" with regard to stormwater management and drainage other than the standard detention basin.

Mr. Fegley stated they have indicated that they do not see a large corporate development as suitable for this area, and he questioned why this would not be an option. Mr. Taylor stated there are only a limited number of large corporate users which is why the property has most likely not been developed to date. He noted there are a number of sites in competition with this site in Pennsylvania and New Jersey.

Mrs. Godshalk stated she had suggested taking access to the development from Route 1 and Interstate 95 and Bellemead indicated this would not be permitted. She stated she has since learned that ramps could come off 95 as they have recommended in the area. She stated this would keep the cars away from the intersection of Big Oak Road and Oxford Valley Road. Mr. Rodgers stated his client would be in favor of this, but he does not feel they would be permitted to do so. He agreed to look into this further. Mr. Rodgers stated his Traffic Impact Study will show how their proposed plan will work.

Mr. Hackman asked if the retail use would be permitted under the Ordinance. Mr. Garton stated the current Ordinance does permit retail in this Zoning District, and he feels it was permitted by Special Exception under the old Ordinance.

Mrs. Godshalk asked if they have done a study on the type of uses they are proposing such as the Lowes since two other "home stores" have gone out of business in the surrounding area. Mr. Taylor stated they have done enough studies and have been convinced by Lowes that they can compete. He stated they have not yet signed any contracts. It was noted the Home Depot in the area is 130,000 square feet. Mr. Taylor stated they anticipate Retail Use #1 shown on the Plan will be a food store.

Mrs. Godshalk asked if they have met yet with Middletown Township on their portion of the tract, and Mr. Taylor stated they have a meeting scheduled with the Middletown Township Board of Supervisors the end of the month. They have already met with staff.

Mrs. Godshalk asked if they are in discussions with the Weiner family regarding the acquisition of their parcel in the area, and Mr. Taylor stated they are not pursuing this. Mr. Rodgers noted they can get their improvements within the existing right-of-way.

Mr. Allan noted a site in the Middletown portion of the tract which adjoins the Lower Makefield portion, and Mr. Griffin stated this is proposed as a full-service hotel and office use. He stated at this point in time they feel there is more of a need for a limited-use hotel which is the use proposed for a tract on the Lower Makefield side.

Mr. Pat Gibson, President of the Yardley Corners Homeowners Association stated they would like to know about buffering and how they will block off the traffic from coming onto the Yardley Corners site. Mr. Taylor stated they would be willing to meet with the Homeowners’ Association as they proceed.

Mr. Al Roeper asked if they recognize that they will have to rebuild Big Oak Road on the Middletown portion, and Mr. Taylor stated they have had discussions with Middletown but have not discussed the phasing of the construction and improvements.

Ms. Sally Conlon asked if the hotel will be in Middletown or Lower Makefield, and Mr. Hackman stated it appears there may be one in each Township. Mr. Taylor stated the proposed Lower Makefield hotel would have approximately one hundred and fifty rooms and would be a rooms-only hotel.


Mr. Gouza stated they received three bids for installation of heaters at the four pools. The low bid received was well within the engineer’s estimate and they would recommend awarding the bid to this contractor if the Board wishes to proceed with the project. The bid documents required that this project be installed and running by the beginning of the swimming season. Mr. Gouza noted they elected to seek an independent bid for the electrical work from the contractor who does all the electrical work at the pool. The cost for this from DLS Electric, Inc. is $3,560. Mr. Gouza noted these are gas-fired heaters, and PECO has indicated they will install the line at their cost with the understanding that they should be able to recoup their costs over a number of years from the gas being supplied. They have indicated they anticipate they would be able to supply this and have it installed within the timeframe the Township has been discussing.

Mr. Fazzalore moved and Mr. Allan seconded to award the bid for the General Contract to install Community Pool heaters to Ivyland General Contractors at a cost of $52,369.

Mrs. Godshalk asked if they know the rates to be charged by PECO for the gas, and Mr. Gouza stated they had estimated the usage, and PECO then indicated they would be willing to install the line at their cost. Mr. Gouza agreed to provide information to Mrs. Godshalk on the cost of the gas.

Mrs. Godshalk stated this project will be paid from the General Pool Membership Fund and not the Township General Fund. Mr. Hackman stated there is more than enough money in the Pool funds to pay for this project, and they are trying to continually upgrade the pool in order to keep it competitive with other pools in the area. He stated they have recommended installation of heaters because the pool water is generally too cold to use comfortably in the first few weeks of the season.

Mr. Fazzalore stated he would like to make sure that there is a penalty if the project is not completed by the deadline date of May 19. Mr. Gouza stated this is not currently part of the Contract; and if there was a penalty clause, they would then also have to have an incentive clause for completing the project early.

Motion to approve carried unanimously.


Mr. Fazzalore moved and Mr. Fegley seconded to award the bid for the Electric Contract to install Community Pool heaters to DLS Electric, Inc. at a cost of $3,560.

Mr. Dave Kratz stated the Board has indicated the Pool has substantial funds and if this is the case, he would recommend the purchase of a defibrillator unit to be kept at the pool. Mr. Hackman asked that Mr. Fedorchak look into this. Acting Chief Bainbridge stated currently they have these units in the police vehicles. Mr. Fazzalore stated while they have a significant surplus of funds at this time, they also have a significant debt.

Motion to approve award of bid carried unanimously.


Mr. Fazzalore moved, Mr. Allan seconded and it was unanimously carried to authorize execution of Agreement with PECO to supply gas to operate the pool heaters.


Mrs. Godshalk moved and Mr. Fegley seconded to authorize the purchase of a defibrillator for the pool and insure that the staff is trained to use it.

Mr. Hackman stated he feels they should discuss this with the pool management first.

Mr. Hackman moved and Mr. Fazzalore seconded to table. Motion to table did not carry as only Mr. Hackman and Mr. Fazzalore voted in favor.

Original motion carried with Mr. Allan, Mr. Fegley, and Mrs. Godshalk in favor and Mr. Fazzalore and Mr. Hackman opposed.


Mr. Allan moved, Mr. Fegley seconded and it was unanimously carried to approve Pulte Homes’ request for withdrawal of Wilshire Glen, Plan II, Preliminary Plan.


Mr. Garton stated they have required this approval in the past which imposes certain obligations on the builder.

Mr. Allan moved, Mr. Fegley seconded and it was unanimously carried to approve Hidden Pond Lot Development Agreement.


Mr. Allan moved, Mrs. Godshalk seconded and it was unanimously carried to deny the request for Dedication of Woodfield Estates/Glen At Makefield based on outstanding issues in the PCS letter dated 2/18/00 and outstanding Certificates of Occupancy that have not become Final Certificates of Occupancy.


Linens were signed following the meeting.


Mr. Fegley moved, Mrs. Godshalk seconded and it was unanimously carried to approve the 2000/2001 Consortium Road Materials Bid.


Mr. Fedorchak stated Mr. Hoffmeister has asked that the Board table the matter at this time, and they will bring it back to the Board at their next meeting. Mr. Fazzalore asked that they find out what they will do with the old tuck. Mr. Hackman stated he would also like to find out about the State piggyback bid as well.

Mr. Fegley moved, Mrs. Godshalk seconded and it was unanimously carried to table award of bid for purchase of new Sewer Department truck.


Mr. Hackman stated this matter has been discussed for some time and they did not want to repair the roads in the area until a decision was made on the installation of public water and public sewers. Mr. Hackman stated most recently they had some stormwater problems in the area, and new roads with storm sewers would help this situation. They have also found out that the Water Company would be willing to install the water lines in the road at no cost. They have also been advised that there are some septic systems in the area which are not working properly. They have asked the Township engineer to give estimated costs for the project and the Township sewer engineer to provide estimated costs on the sanitary sewer portion of the project. They received information from the Township Manager and Mr. Gouza explaining the estimated costs. Mr. Hackman stated he feels they should meet with the residents in the area on this project as they did with the residents of Robinson Place/River Road on a similar project in their area. Mr. Fazzalore stated he has been advised that some of the residents in the area cannot use their wells for drinking water.

Mr. Hackman noted the estimated Township cost is $610,000 to $635,000. The estimated cost to the property owners is between $14,800 and $16,800 for the public sewers and public water. Quarterly costs for water and sewer are estimated to be between $135 and $170. Mrs. Godshalk stated she feels these usage costs are low.

Mr. Hackman stated he feels they should have a special meeting to discuss this matter.

Mr. Fedorchak suggested they have present at that meeting representatives from the PA Water Company as well as CKS and PCS to meet with the residents. Mrs. Godshalk suggested that the residents be given the option of hooking into this as they did at Scammell’s Corner. She stated if the house is sold, they would be required to hook up at that time. She stated they would have to pay for the common costs, but would not have to pay the hook up fee to the lateral at this time and would not have the quarterly water and sewer costs if they do not have a problem with their existing systems. She noted they have also made arrangements in the past for low interest loans to residents. Mr. Fedorchak stated while optional hook-up to the sanitary sewers lines may be possible, he is not sure what control they have over the public water portion. He stated installing the water line at no cost is contingent on everyone tapping into the public system. They would need to discuss this matter further with the Water Company. Mr. Fedorchak was asked to look into setting up a special meeting to discuss the entire project. Mr. Hackman stated a letter should be written to every homeowner advising them of the date of the meeting.

Mr. Gary Fader, 17 Spring Lane, asked if they could get copies of the information currently available, and Mr. Fedorchak stated these are available although at this time they are only estimated costs.

Mr. Charlie Quatrone, Quarry Road, asked if his area will be impacted as well, and Mr. Hackman stated they are looking into hooking up these homes as well to public water and sewer and also considering road improvements in the area.

Ms. Gaye, 21 Spring Lane, stated in the rehabilitation proposal previously discussed they discussed water in the front and rear yards. Mr. Fegley stated the costs they have discussed for the homeowners are for the public water and sewer only. Stabilization of the channel in the rear of the properties would be a Township cost. Ms. Gaye stated all stormwater from Quarry Road, Hillside, and Spring Lane is being directed into the rear drainage system. Mr. Hackman stated there are two different sewer projects - sanitary sewers and stormwater sewers. The stormwater sewer portion captures the stormwater and will route it down to Core Creek. Mr. Hackman stated they are trying to alleviate some of the stormwater problems in the area. It will go to Core Creek below the development. Ms. Gaye stated she feels the plan as proposed will not alleviate the current conditions. Mr. Hackman stated the water from the street will not go onto her property and will go into the storm drain into Core Creek.

Mr. David Kratz, 1232 Lindenhurst Road, stated what the Township did across the street from his property has worked very well. He asked what will be done to the creek bed behind their homes. Mr. Hackman stated they have proposed $175,000 to $200,000 worth of work to stabilize the area.

Ms. Helen Richards, 19 Hillside Lane, asked why they are being charged for the stormwater projects, and Mr. Fegley stated the costs to the homeowners are for the public water and public sewer portions of the project only. The other portion of the project is stormwater and stream stabilization, and the Township will pay for this.

Ms. Irene Koehler stated some of the residents have good water and do not want to hook up to a public system. She stated the storm drainage that was installed in Lindenhurst Road goes into the drainage ditch, and they did not have a problem until the work was done on Lindenhurst Road. She asked if they will be able to funnel this water in some other way. Mr. Gouza stated the drainage channel between the rear yards has been there for many years and will continue to be there. The main flow of water down the back of the yards will continue to come from the Lindenhurst Road basin outlet structure and will not change. He stated they are suggesting they can improve the characteristics of the channel to contain the water far better than it is containing it now. Ms. Koehler asked if the road can be patched until the project is done. Mr. Hackman stated he understands Mr. Coyne has already started work in this area.

Mr. Kratz asked if they could get any money from Newtown Township to fund this since much of the water is coming from Newtown, and Mr. Hackman stated they are not considering this.

Mr. Bill Koehler asked if they will do the work all at one time, and Mr. Hackman stated they will. He stated at the meeting with the residents Mr. Gouza can explain what will be done.

Mr. Paul Gunkel stated they should discuss at that time the amount of money the Township will be contributing to the sewer installation costs.

A woman who resides at 11 Spring Lane asked how long the project will take to complete, and Mr. Gouza stated it could take four to six months.

Mr. Kratz asked if they will seek easements from the property owners for work to be done in their rear yards, and Mr. Hackman stated they do not know at this time. Ms. Gaye stated according to the proposal previously received they wanted a thirty-five foot easement from the property owners.

Mr. Allan stated the Board of Supervisors will do everything they can to try to help the residents with the costs.


Mr. Fedorchak stated he discussed the date of March 20 with Mr. Yeager of Parsons Brinckerhoff, which is the date of the next Board of Supervisors’ meeting.


Mr. Taylor stated this item was included in the Budget. Mr. Hackman noted the Board of Supervisors did receive a copy of the proposed layout. He added they have proposed fencing in the entire area with a ten foot fence and asked how they came up with this height. Acting Chief Bainbridge stated this is as high as the impound yard. Mr. Hackman stated he feels eight feet would be sufficient. Mr. Hackman stated they have shown fencing along the pole barn, and he feels it would be better to attach it to the pole barn and have a gate which may save money. Mr. Gouza stated the fence as depicted was only to keep people out of the Range. Other items have been included in the project to take care of stray bullets. It was agreed that they would take the fence to the corner and install a gate. Mr. Hackman stated they have shown an observation building but have not given any detail of this. Mr. Gouza stated there was a sketch in the original report and at this point this is part of a future phase and is not planned for at this time. Mr. Hackman stated they had discussed Venetian blind baffles and in discussing this with Acting Chief Bainbridge, he feels the one closest to the targets may not be necessary. Acting Chief Bainbridge stated since the purpose of the blind is to visually trick the eye, he does not feel these are necessary at this distance with a Police level qualification. He does feel they should have it at the fifty yard line. Mr. Gouza agreed to make this change.

Mr. Gouza stated the Board must consider who is going to be using the Range. Mrs. Godshalk stated the Board has already voted on this, and this will be a Lower Makefield Range only. Mr. Hackman stated he does not agree with this. Acting Chief Bainbridge stated he feels a Lower Makefield Township Police Officer should be in attendance whenever the Range is being used. Mrs. Godshalk stated she feels this is for the use of Lower Makefield Township Police only. Mr. Hackman stated he feels the Police Departments cooperate with each other in other cases and feels they should permit SEPTA Police and the State Troopers to use it as well. Mrs. Godshalk stated she feels this creates a problem for residents in the area. Acting Chief Bainbridge stated this past year Newtown Township was willing to permit Lower Makefield Township Police to use their range so that the Lower Makefield officers could qualify. He would like to see some type of restricted usage of the Lower Makefield Range as well, provided a Lower Makefield Township Police Officer is in attendance on the Range when it is being used. Mr. Fegley stated if they could limit the hours of usage and specify that no one shall be on the Range unless there is a Lower Makefield Township Police Officer in attendance, he would be in favor of this. Mr. Fazzalore stated he is concerned that there are bullets flying in the area, and there are a number of buildings in the area. He feels it should be restricted to the least number of people possible. He stated if they have a specific request from someone who needs to use it, such as Newtown Township Police Officers, he feels the Board of Supervisors could consider that specific request. Acting Chief Bainbridge asked if they would accept his going to the Township Manager for permission for other agencies to use the Range, and a number of Supervisors stated they would not be in favor of this. Acting Chief Bainbridge agreed that in the past the Range was over-used and used wrongly, but would ask that the Board not take such a hard line. Mr. Hackman stated he feels they should cooperate with other law enforcement agencies and allow them to use the Range on a restricted basis. Mr. Fegley stated if there were specified shooting hours with nothing permitted on the weekend, he would be in favor of this. He stated in the past people came and went as they pleased and there was no one from Lower Makefield Township in attendance, and he would not be in favor of this. Mr. Fegley suggested Acting Chief Bainbridge come up with a specific proposal on usage and hours of operation for the Range, and he would be willing to consider this. Mrs. Godshalk stated she does not feel this fits in with a residential community. Mr. Fazzalore stated if they change their vote on use of the Range from the previous vote, he would be opposed to voting on the improvements to the pistol range.

Acting Chief Bainbridge noted the parking area and stated he does not feel this area needs to be paved which could save some money. This was acceptable to the Board.

Mr. Fegley moved and Mr. Hackman seconded to approve the revised plans not to exceed $58,000 and authorize going out to bid.

Mr. Fazzalore moved and Mrs. Godshalk seconded to amend the motion that this is for Lower Makefield Township Police only. Motion to amend did not carry as Mr. Fazzalore and Mrs. Godshalk voted in favor and Mr. Allan, Mr. Fegley, and Mr. Hackman were opposed.

Original Motion carried with Mr. Allan, Mr. Fegley, and Mr. Hackman in favor, and Mr. Fazzalore and Mrs. Godshalk opposed.


No action was taken on the John & Katharine Kroeck Variance request to build an addition at 1621 S. Crescent Boulevard which will result in encroachment of the rear yard setback.

No action was taken on the Ralph & Kathy Stiebriz Variance request to build a single family home at westerly Taylorsville Road north of Woodside Road resulting in less than minimum net lot area.


Mr. Fazzalore moved, Mr. Hackan seconded and it was unanimously carried to approve the 2000/2001 Community Pool Snack Bar Agreement.


Mrs. Godshalk moved, Mr. Fazzalore seconded and it was unanimously carried to re-appoint Helen Heinz to the Historic Commission.

Mrs. Godshalk moved, Mr. Fazzalore seconded and it was unanimously carried to appoint Charlotte Parish and Victor Fiori to the Environmental Advisory Council.

Mr. Hackman moved and Mrs. Godshalk seconded to re-appoint Beth Ann Menard to the Community Pool Board. Motion carried with Mr. Fazzalore opposed.

Mr. Hackman moved, Mrs. Godshalk seconded and it was unanimously carried to appoint Eleanor Pressel and Lee Eisner to the Community Pool Board.

Mrs. Godshalk moved, Mr. Hackman seconded and it was unanimously carried to appoint Stephen Ruprick to the Sewer Authority.

Mr. Hackman moved and Mrs. Godshalk seconded to re-appoint Frank Fazzalore to the Pension Committee. Motion carried with Mr. Allan, Mr. Fegley, Mrs. Godshalk and Mr. Hackman in favor. Mr. Fazzalore did not vote.

Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to adjourn the meeting at 9:45 p.m.