MINUTES - MAY 1, 2000

The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on May 1, 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. to discuss legal and personnel matters.

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


There was no public comment at this time.


Mr. John Mellon and Mr. Charles Spencer were present to accept the Proclamations as read by Mr. Hackman.


Mr. Fazzalore moved and Mr. Allan seconded to approve the Minutes of April 12, 2000 as written. Motion carried with Mr. Fegley and Mrs. Godshalk abstaining.

Mrs. Godshalk moved, Mr. Fegley seconded and it was unanimously carried to approve the Minutes of April 17, 2000 as written.


Ms. Marybeth Carter of March Associates was present with Mr. David Fritchey, Chairman, of the Park & Recreation Board. Mr. Hackman stated for some years the Township has been trying to put together a plan for North Park. The Park & Recreation Board has reviewed the concept plans and selected one to recommend for approval by the Board of Supervisors. The Board of Supervisors will have an opportunity to review the plans this evening.

Mr. Fazzalore stated since there is no money available to develop the Park, he questions why they are reviewing these plans this evening. Mr. Hackman stated he feels they should review the Plans at this time. Mr. Fegley stated during the next Budget cycle, the Board may be able to set aside some funds to begin the development of the Park. The approval of a Master Plan will also let the residents in the area know what is proposed. Mr. Fazzalore stated he is concerned with approving a Plan at this time when there are not funds available since a future Board may not want to proceed with the Plans approved by the current Board.

Mr. Fritchey stated the planning process has been going on for some time since the Township decided approximately ten years ago that it would be necessary to have a Park in the northern end of the Township at some time. The parcel being discussed was purchased in 1995. Last year the Board of Supervisors authorized the Park & Recreation Board to proceed with a recommendation on a Concept Plan and agreed to spend money to hire professional planners. Ms. Carter’s group worked with the Park & Recreation Board and residents in the area. Three conceptual plans were presented; and after review and input from all involved, Concept Plan D was prepared and recommended for approval by the Board of Supervisors. Mr. Fritchey stated they are not considering spending any funds at this time, and they are only asking the Board of Supervisors to accept the Concept Plan recommended by the Park & dents for giving their time and effort.

Mr. Fegley moved to approve Scheme D.

Mr. Fazzalore stated he is impressed with what they have showed and hopes they will be able to find the funds to develop the Park.

Mrs. Godshalk stated she is in favor of the roadway and parking proposed so that they do not have to back out of the parking spaces into the roadway as they do at Macclesfield Park. She stated she feels the Township needs another active area for children similar to Kids Kingdom in this Park. Mrs. Godshalk stated she is pleased to see that the hedgerows will be maintained.

Mr. Allan commended the group for working on this project.

Mr. Hackman thanked the Park & Recreation Board, Ms. Carter, and the residents for their work on this project. He stated initially they considered a 50/50 mix of active and passive recreation, and Ms. Carter has estimated that Concept Plan D is actually only 1/3 active and 2/3 passive. He stated they have a number of sports organizations which are in dire need of additional facilities. He stated he feels a successful park is a park that is used and feels they should plan for additional fields in this Park for the youngest members of the athletic organizations. He stated the organizations currently have programs for children as young as four, and he would like to see T-ball and additional mini soccer fields added to the Plan.

He stated this will help then free up the other Township facilities for use by the older children.

Mrs. Godshalk noted there is a mini field at Edgewood Park. She stated there are areas at North Park which could be used for mini fields without being marked. Mrs. Godshalk stated she is concerned with taking away from the open feeling. She stated there are already two sports complexes, and there is additional land owned by the Township which could be used for active uses. She would like to see this Park remain open, although she would not be opposed to soccer fields since they do not involve any permanent obstructions.

Mr. Hackman stated the initial idea was this Park would be 50 percent active and 50 percent passive, and it is now being shown as 70 percent passive.

Mr. Fegley stated he feels people will use this Park even if there is less organized active recreation and this Park will be used just as heavily as Macclesfield Park although it will be used for different reasons. He feels the compromise plan has achieved the original purpose.

Mr. Allan stated it appears they will have to do a significant amount of planting to achieve the look they are showing on Composite D. Mr. Fritchey stated they are considering a subscription program such that individuals could donate trees.

Mrs. Godshalk suggested this property be put on the upcoming Road Tour.

Mrs. Godshalk seconded Mr. Fegley’s motion subject to including a Kids Kingdom area and additional playing fields provided they are below the Transcontinental pipeline. No vote was taken on this Motion.

Ms. Gail Ross stated she would be concerned with doubling the number of soccer fields since this would then double the need for parking for these uses. She would be in favor of Plan D as it is currently shown.

Mr. Steve Mosley stated on Saturday he attended his son’s game at Macclesfield Park and it was the only game being played at that time in the Park. Mr. Allan stated this then provides a well-deserved rest for the rest of the playing fields so that they can recover from heavy use. Mr. Mosley stated he is concerned with adding additional things to the Plan at this point since so much time has already been spent on the Plan.

Mr. Fegley moved to approve Scheme D with the inclusion of some additional playing fields provided they are below the Transcontinental pipeline. Mrs. Godshalk seconded with the addition of a Kids Kingdom type playing area in the Park. No vote was taken on this Motion.

Mr. Ron Smith from YMS stated he is happy with the Plan as it is currently proposed even without additional fields. He noted there is tremendous use at Macclesfield Park in the fall and if they do not add additional fields somewhere in the Township it is going to create problems. He noted some of the fields at Macclesfield Park are currently closed since they are trying to correct the wear and tear on the fields.

Mr. Jim Tragone stated there are only four fields being used by YMS at Macclesfield Park at this time and no regular travel games are scheduled for Saturdays which is why they was not much use on the day noted by Mr. Mosley at Macclesfield Park. Mr. Tragone noted there are problems with parking at Edgewood Park as well as the direction they must play in order to accommodate the Pee-Wee Program.

Mr. Smith stated there are also safety concerns when baseball and soccer are played at the same time at Macclesfield Park.

Mr. Hackman stated at this point in time the only area they are considering for development in the Township is North Park. Mr. Fegley stated they are exploring other options which could come to fruition in the future. Mrs. Godshalk noted there is also additional property across the street from the Municipal Complex which is owned by the Township.

Mr. Smith stated YMS has had to use land adjacent to Pennsbury Manor to accommodate the needs of Lower Makefield Township residents.

Ms. Lisa Mishler from 1935 Woodside Road asked if the need for soccer fields is more important than the need for a roller hockey facility. Mr. Hackman stated roller hockey is very popular, and there are currently no facilities for this in the Township. Ms. Mishler asked if it would be possible to move the roller hockey facility to the upper area of North Park since the noise from this use will impact her property across the street. Mr. Fegley stated he does not feel this is a good use adjacent to the passive uses proposed in the north part of the tract. Ms. Mishler indicated this is why she wants it moved away from her property. Ms. Carter stated they could berm this area. She added there is 220 feet between the corner of the roller hockey court and Woodside Road. It is approximately 1,000 feet from the corner of Woodside Road to the driveway of the Park.

Mr. Thomas Minehart stated he feels the Township is doing what they can for the community but if they looked at what happened with the Community Center, they may not be recognizing what the residents really want. Mr. Minehart stated he feels the school properties are not being used as much as they could. He feels the area residents would like to see this Park left as a natural park. He stated they are showing the area which has the most slope being used for flat fields and the basketball court is being shown on the highpoint which will send the sound down to all the residents below. He does feel the Composite Plan is the best plan if they must choose a plan except for the roller hockey location. He would also like to see a comment made on the Plan that they will have no lights or fences. He would like to see the basketball court and baseball field reversed.

Mr. Marty Frapolli stated his back yard backs up to Woodside Road. He stated many of the other area residents have been given isolation from this Park, but Woodside Road is being effected by the roller hockey court. He stated a long-term vision by the Board should include the 150 acre parcel already owned by the Township which borders I-95 where playing fields could be placed without disturbing any residents.

Mr. Fegley stated he feels the Board of Supervisors has demonstrated more long-term vision in terms of open space than any other area municipality.

Mr. Fazzalore stated the parcel under discussion was purchased by the Board specifically as a north end Park, and it was always agreed that it would include active and passive recreation. He stated Mr. Frapolli is referring to the Patterson Farm, and there are a number of restrictions on that property. They also wanted to have an open farm when driving into the Township although this may change in the future.

Mr. Fegley asked if it would be possible to re-orient the roller hockey court and make it close to the parking. Ms. Carter stated this does appear to be possible although there is an orientation issue with all playing fields. She stated they could also effectively buffer this portion of the tract with berms and landscaping.

Ms. Sally Conlon stated there was originally discussion about a petting zoo and asked if this is still being consider, and it was noted it is not.

Mr. Cosentino stated they could switch the location of the roller hockey area with the soccer fields. Ms. Carter added when you move into schematics you can add or re-locate various activities.

The woman who resides at 1930 Woodside Road asked if storm drainage has been considered with this additional construction, and Mr. Fegley stated this would be addressed in the engineering of the plan.

Ms. Marie McGowan stated she has visited most of the Township Parks and there are only two bocce courts in the Township. She suggested the Board look at these on the Road Tour.

Mr. Ross asked if there is a way an easement could be placed which would prohibit lights. Mr. Hackman stated none of the current Board members anticipate lights at this Park.

Mr. Hackman stated he agrees with Mr. Minehart that basketball can get noisy and feels they should reconsider the basketball courts when they get to that point.

Mr. Fegley moved and Mrs. Godshalk to approve Concept Plan D subject to possible reorientation of playing fields but without a change in the number of playing fields and with the addition of a Kids Land. Motion carried with Mr. Hackman opposed.

Mr. Fegley asked that the Solicitor clarify whether they can place an easement that would prohibit lights.


Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve awarding bid for uniform rental and purchase to Clemens Uniform.


Mr. Allan moved, Mrs. Godshalk seconded and it was unanimously carried to approve Bucks County Consortium 2000 Fuel Bid.


Mr. Coyne was present. Mr. Hackman noted Mr. Coyne’s memo to the Board of Supervisors regarding this bid. Most of this expense will be covered by the Budget and Mr. Coyne is under budget in some other areas. Mr. Fazzalore stated he is concerned that they will need those funds for other purposes in December. He is concerned with taking money out of an operating account. Mr. Taylor was present and stated there is money available in Liquid Fuels. Mr. Fazzalore asked that they take it out of this account rather than the operating account.

Mr. Fegley moved, Mr. Allan seconded and it was unanimously carried to award the bid to supply two aluminum dump bodies, two stainless tail gate spreaders, and two reversible snow plows to Municipal Supply at a total cost of $55,014 with funds to come from Liquid Fuels.


Mr. Fazzalore moved, Mr. Allan seconded and it was unanimously carried to approve Resolution No. 1057.


Mr. Gouza noted his memo to the Board of Supervisors outlines four proposed additions. They are recommending the installation of gutter guards on the front of the building because of the building’s location in a wooded area. This would cost $475. The second request is to install one electric powered hand dryer in each restroom in order to eliminate the use of towels which will cut down on clutter and maintenance responsibilities. The third item is painting the floor with an epoxy, non-skid paint after power washing. This will cost $1,975. With regard to the fourth request, Mr. Gouza noted the original contract called for the contractor to grade, seed, and stabilize the area disturbed around the building. It has been recommended that this area be sodded along the front and two sides. The general contractor has indicated this would cost $1300. Mr. Gouza noted Ms. Liney obtained a price from Marrazzo’s and their cost would be $1,160.

Mr. Fazzalore questioned how these additions would be funded, and Mr. Taylor stated the construction of the building is coming from Fee-In-Lieu. He noted the expenses are on Budget so far, but revenues are not. The intention is to take these additional amounts from Fee-In-Lieu.

Mr. Allan moved, Mrs. Godshalk seconded and it was unanimously carried to approve Items 1, 2, and 3 from Mr. Gouza’s memo and add the Marrazzo bid at $1,160.


Mr. Gouza stated he understands the proposed date is May 15, and the contractor has assured him that they will be finished by that time. After discussion it was agreed to hold the Dedication on Monday, May 15 at 5:45 p.m.


Mr. Gouza stated the heaters have been delivered and are in place. The piping for three of the four heaters are connected, and the electrician is finishing up his responsibilities. PECO started today running the line in from Edgewood Road. Mr. Hackman asked about sod, and Mr. Gouza stated they have started to re-sod, and everything that was disturbed will be re-sodded.


Mr. Fedorchak stated they turned on the water at Macclesfield Park, and the water bill for one month was running twice as much as it should. He stated they obviously have a leak or leaks. The line was installed over a decade ago, and there are no As-Builds for the line so they are not certain where the line really is. There has also been construction in the area recently. They have discussed the matter with a number of contractors on a time and materials basis, and they could spend a significant amount of money finding and fixing the leaks. Installation of a new water line would cost approximately $15,000. In the interim, they have turned the water off but will turn it back on when there is a need.

Mr. Fegley moved and Mr. Fazzalore seconded to authorize Mr. Gouza to prepare a spec to install a new water line and put it out to bid.

Mr. Gouza stated he would recommend installation of a copper line rather that the plastic that was installed.

Motion to approve carried unanimously.


Mr. Ron Smith and Mr. Tragone were present. Mr. Tragone stated they expect 175 teams with four per team to participate. Mrs. Godshalk noted the cars which were set up last year. Mr. Tragone stated they are not proposing anything this year like they had last year with regard to the cars being displayed. He noted they will run shuttle buses again this year. Mr. Tragone stated they are usually done by 6:30 p.m. or 7:00 p.m.


Mr. Doug Breidenbach stated they have appeared before the Planning Commission a number of times. They are proposing construction of a 3600 square foot bank on the site which is at the corner of Stony Hill and Heacock Roads. It is a five acre site. They are proposing a bank only and will include elaborate landscaping. They will purchase five acres only of this site from the property owner.

Mr. Hackman stated the property is not zoned commercial. Mr. Breidenbach stated they recognize this, and they are requesting that the Board consider re-zoning this tract. Mrs. Godshalk noted even though there is a fire house across the street from this site, that area is zoned residential and the fire house was built by the developer of the shopping center since the old fire house had to be relocated. They also permitted him to construct a small office building adjacent to the new fire station because of the expense of relocating the fire station. Mrs. Godshalk stated she would not be in favor of a re-zoning of the land under discussion this evening to commercial.

Mr. Breidenbach stated they would be willing to widen all roadways on which they front and provide a beautifully-landscaped site that would make a good gateway entrance to the Village. They would also agree to dedicate a significant portion of the property to the Township or would be willing to keep it in deed restriction if the Board desires.

Mr. Fazzalore stated the Planning Commission did express concern with the design proposed and asked if this has been resolved. Mrs. Godshalk stated she feels after their first visit to the Planning Commission they should have been dismissed and it should not have reached the point of discussion of design of the building.

There was no one present on the Board who was interested in discussing a change in zoning, and no further action was taken by the Board.


Mr. Mike Stadulis was present noting that the Historic Commission requested he discuss this matter with the Board of Supervisors. Mrs. Godshalk stated the springhouse was scheduled to be demolished to make the detention basin large enough. The Historic Commission visited the site and feels the springhouse is worth saving and adding to the lot where the manor house is located.

Mr. Fazzalore asked if the person who owns the manor house would maintain it; and Ms. Langtry stated they would, and the Township would not to be involved with it. Mr. Stadulis stated if they were to save the springhouse, they would have to reconfigure the detention basin such that they would not have sufficient lot size on two lots given the natural resource restrictions. Mr. Garton stated they could apply for a variance for lot size.

Ms. Langtry stated the springhouse is actually a two-story residence, although it is no longer occupied. Mrs. Godshalk stated she would want to make sure that there would be a notation on the deed that there would be no further subdivision of the lot.

Mr. Fegley stated he would prefer approving a reduction in lot size rather than including natural resource land in the lot. Mrs. Godshalk stated she would also recommend a reduction in the roadway width from 36’ to 30’ with the cost savings donated to the Township. Mr. Stadulis stated they would like to reduce the right-of-way so they can bring the house further in. Mr. Hackman stated they could not reduce the right-of-way. Mr. Fegley stated he did not feel they should make any final decision on this matter this evening.

Mr. Stadulis stated they do not know at this time whether they can accommodate the changes being requested. He added the plans before the Planning Commission currently are in compliance with the requirements and they would like to obtain approval on those plans although they would agree to make an effort to make the changes requested in order to save the springhouse after Final Plan approval. The Board of Supervisors was not in favor of agreeing to this. Mr. Stadulis noted the house on Lot #12 cannot move any closer to Dolington Road without some relief. Mr. Garton stated he does not feel they could wait until after Final Plan approval to make these changes. Mr. Stadulis stated he is concerned with the timing if they have to go to the Zoning Hearing Board before Final approval. He stated after they receive Final Plan approval they could start construction and then try to accommodate the request to save the springhouse. Mr. Fegley stated he is not prepared to make any representations of what he would agree to without seeing any plans.

Mr. Gunkel stated if they are making a smaller lot or including natural resources in the lot size, they are going to impact the setbacks or the property owner will not be able to do anything with his property. Mr. Fegley stated he would agree to an exception to the setback requirements if it would enable them to save the springhouse. He stated when they sell the lot, they will have to advise the purchasers that they cannot do much with their rear yard. Mr. Hackman stated he feels the property owners will feel the woods are theirs. Mrs. Godshalk stated she feels they should be flexible in order to save these types of structures.

Mr. Hackman stated the developer has indicated they will not change anything between now and the presentation of Preliminary Plans. Mr. Stadulis stated in the meantime if the Board of Supervisors indicates their support for going in this direction, he can see if they can accommodate this change. Mr. Garton stated it appears the Board has indicated they would be willing to look at this. Mr. Fegley stated he would like to see a plan showing what they feel they can do.


Mr. Hackman stated it appears there is a half acre of land that is in dispute. Mr. Stadulis stated his company signed an Agreement of Sale and was subsequently advised that there had been a "handshake" deal between Mr. Torongo and the individual from whom they purchased the property to accommodate Mr. Torongo. This was never clarified to the purchasers. When they settled on the plan, Mr. Torongo asked them about his ground on the other side of the stream. He asked if they would approach the Township to get this ground for Mr. Torongo. They went to the Planning Commission who asked that PCS review this and the plans were submitted to PCS. Mr. Stadulis indicated to Mr. Torongo that he did not feel he could take back ground from the Township after it had already been dedicated as open space. Mr. Stadulis stated Realen cannot shave off this ground and give it to Mr. Torongo without having a deficit in open space.

Mr. Fazzalore stated he feels Mr. Dwyer knew about this agreement with Mr. Torongo when the plans were approved. Mr. Stadulis stated they did not know there was an agreement between Mr. Torongo and Mr. Whitmont. They found out at settlement that there had been a "handshake" agreement.

Mr. Fegley stated he did not feel the Township should do anything at this time in point.

No Board action was taken on this matter this evening.


Mr. Garton stated the staff has recommended approval of dedication of Winterfield. Mr. Fegley moved and Mr. Allan seconded to accept dedication of Winterfield.

Mrs. Godshalk expressed concern with the barricade situation. Mr. Allan stated in the report it indicated the current owner of Lot #1 has plantings in the sanitary sewer easement which have not been removed. Mr. Garton suggested the matter be tabled until these matters are resolved.

Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to table the dedication of Winterfield.


Mr. Fazzalore moved, Mr. Allan seconded and it was unanimously carried to approve the Kapetanovic Development Agreement.


Mrs. Godshalk stated she was recently traveling west on Edgewood Road in front of the Harris property where there is a curve and almost involved in a head-on collision as the driver in the east came into her lane. She discussed this matter with Mr. Fedorchak who suggested she bring this matter up at the Board meeting. Mr. Gouza and Acting Chief Bainbridge agreed to look into this situation.

Mr. Fazzalore noted a condition on Taylorsville Road onto Woodside Road where a line needs re-painting. Mr. Gouza and Acting Chief Bainbridge agreed to look into this matter.

Mrs. Godshalk noted the Library employees have advised her that there is a problem at the new exit from the pool/library area where there are two lanes out and people in the right-hand lane are trying to make a left in front of those in the left-hand lane. Acting Chief Bainbridge stated the area is well signed and people are simply not looking at the signs. Mrs. Godshalk stated she feels they need an overhead light at this location.


Mr. Hackman stated the original date conflicted with Mr. Coyne’s schedule, but he is not in favor of any of the dates Mr. Coyne has suggested. June 6 or June 7 were suggested, and Mr. Fedorchak agreed to review these dates with Mr. Coyne.


Mr. Hackman asked that those interested in participating in the Memorial Day Parade on Monday, May 29 at 11:00 a.m. advise the Township Manager’s secretary.

There being no further business, the meeting was adjourned at 10:15 p.m.