MINUTES - JULY 16, 2001

The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on July 16, 2001. Chairman Fazzalore called the meeting to order at 7:35 p.m. noting that the Board had been meeting in Executive Session since 6:00 p.m. to discuss legal, personnel, and land matters.

Those present:

Board of Supervisors:

Frank Fazzalore, Chairman
Scott Fegley, Vice Chairman
Grace Godshalk, Secretary/Treasurer
Fred Allan, Supervisor


William Taylor, Finance Director
Jeffrey Garton, Township Solicitor
Duke Doherty, Township Engineer
Kenneth Coluzzi, Chief of Police


Wesley Hackman, Supervisor
Terry Fedorchak, Township Manager


Ms. Sue Herman stated she is speaking on behalf of concerned residents who would like to reiterate to the Board of Supervisors their concerns that Swamp Road improvements will not make it on the September, 2001 Twelve Year Plan. She asked that the Board lend support. She read a letter her group sent to Representative Steil in this regard.

Ms. Karen Freedman asked for an update on the Newtown Office Commons left hand turn appeal. Mr. Garton stated the traffic engineers are in discussion regarding the number of trips at this time.


Mr. Paul Krupp was present and asked for an update on the situation. Mr. Garton stated when the Township was advised of the activity taking place, they filed a Cease and Desist and the Judge issued an injunction. The property owner was also remanded back to the Zoning Hearing Board. There have been eight to nine Hearings before the Zoning Hearing Board and the matter continues. Mr. Garton stated complaints were also filed for fines.

Mr. Fazzalore asked if there is anything they can do to make the property owner replant the trees that were cleared. Mr. Garton stated this is the subject of the litigation.

Mr. Krupp stated area residents have had a number of problems during recent rains.

Ms. Janet Wassum, 1079 Princeton, stated she has had to have a contractor work on the water problems in her finished basement. She stated trees are also falling down and causing property damage. She stated she was advised by the Township to seek Counsel and she does not feel this is fair.

Mr. Garton stated the Conservation District did go out to the property and cited the property owner.

Mr. Fegley stated the Township is doing what they can do legally. He stated individual residents can file complaints with Justice Adamchak without the benefit of an attorney if they desire. Mr. Allan asked how many people in the area have been impacted, and Ms. Wassum stated she is aware of at least four. Mr. Allan stated those residents could go together and file their complaint.

Mr. Allan asked if the Township could require the property owner to install a silt fence. Mr. Garton stated he is not permitted to let silt leave the property and the Conservation District could make the determination whether or not this is taking place. He suggested that a Township representative check out the site; and if there is bare earth, they could then contact the Conservation District. Mr. Doherty stated he would not be able to go onto the Scammel’s Corners property and asked if there were residents who would be willing to permit him to go onto their property. Mr. Krupp agreed to provide names to Mr. Doherty.

Mr. Fazzalore asked that the Zoning Officer accompany Mr. Doherty.

Ms. Regina Gepka asked if there is a Plan in for the development of this property, and Mr. Fazzalore stated no new plans have been submitted.


Mr. Chip Kern, Mr. Frank Draper, Mr. Jamie McWillimams, and Mr. Mark Adami, members of the Golf Course Committee were present. Mr. Kern stated they looked at fifty-two possible candidates for architect and finally interviewed two candidates. They would strongly recommend hiring Rick Jacobsen as the Golf Course Architect.

Mr. Kern reviewed Mr. Jacobsen’s resume as well as current projects he is working on.

Mr. Fazzalore stated the Agreement should include that Mr. Jacobsen will help the financial analysts determine the cost of the Golf Course and that if the Board of Supervisors determines that the cost of the Course is too high, the Township will pay Mr. Jacobsen for his time and expenses to date.

Mrs. Godshalk stated Mr. Fedorchak advised her that he had a conversation with Mr. Jacobsen and it was agreed that if the project does not proceed, he would be paid only for his time and expenses.

Mr. Allan stated if the Board approved this tonight, it seems to be open-ended, and he would like to put a dollar limit on what they will pay for these services. He stated it appears they will be indebted to Mr. Jacobsen for $22,000 even if they do not proceed with the Golf Course. Mr. Kern stated what the Board of Supervisors has seen is only a preliminary Agreement, and he feels they should decide if this is the individual they want to choose and then negotiate with him on the Contract and include the stipulations that the Board would like to see.

Mrs. Godshalk moved and Mr. Allan seconded to select Rick Jacobsen as the Golf Course Architect subject to execution of an Agreement with provisions of the Agreement to be reviewed by the Board of Supervisors prior to execution of the contract with Mr. Jacobsen.

Mr. Fegley commended the Golf Course Committee for their perseverance. He stated he will continue to abstain on all votes with regard to the Golf Course due to the proximity to his property. He stated he hopes they will apply for the Aububon Cooperative Program as they previously discussed, and Mr. Kern stated they will. Mr. Fegley stated he also is concerned about stormwater management because of the slope of the land. Mr. Fazzalore stated he wants to see guarantees that neighboring properties will not lose their wells.

Mrs. Godshalk stated she was a member of the Golf Course Committee and would also like to commend the Committee for their perseverance. She noted that the Committee members spent their own money to visit various golf courses. She also thanked the Golf Course Architects for continuing to work with the Township for over four years.

Mrs. Godshalk asked the status of the feasibility study. Mr. Kern stated the study is being done now, and the analyst will be coming to the Golf Course Committee meeting on Monday for an update. Mr. Kern stated they hope to break ground in the spring.

Mr. Mike Kane, 1552 Brock Creek Drive asked if the Feasibility Study will take into account other courses in the area and was advised that it will. Mr. Kane asked what the Board plans to do with the property if the study comes back that it is not feasible for a golf course, and Mr. Fazzalore stated the Township will still own the land. Mr. Fazzalore stated he anticipates that the Feasibility Study will come back favorable.

Mr. Paul Gunkel asked if the individual doing the Feasibility Study requested information from the Architect, and Mr. Fazzalore stated they did. Mr. Gunkel stated he feels this will increase the cost of the Feasibility Study. Mr. Kern stated the people who are doing the Feasibility Study have given them a set price although there will be a charge by the architect to work with the analysts. Mr. Kern stated the architect would have to respond to the information provided in the Feasibility Study.

Ms. Sue Dengler stated she is concerned about the impact of the Golf Course on private wells. Mr. Fazzalore stated the individual they hire to do testing will determine the impact on the wells. Ms. Dengler also noted the concern expressed about water run off, and Mr. Fegley stated stormwater run off is addressed in all development projects.

Ms. Virginia Torbert asked if the property owner can appeal the Board of View decision, and Mr. Garton stated either party can appeal the decision and have a hearing before a Jury.

Mr. Garton stated he would recommend that the Board of Supervisors include a cushion to be factored in to provide for this event. He stated the Township did take possession of the property on July 1 and paid the estimated just compensation.

Mr. John Kalacky, 1149 Temple, asked if the residents of the Township voted on whether or not they wanted to have a Golf Course, and Mr. Fazzalore stated they did not.

Mr. Fazzalore stated the Board of Supervisors has the authority to incur these expenses without a Referendum. Mr. Fegley stated this matter has been discussed for many years and there were many public meetings prior to the time an offer was made on the property. He stated the overwhelming response was positive. Mr. Allan stated he receives many positive comments on the proposed Golf Course. Mr. Kalacky stated when he voted in favor of the Open Space Referendum he was voting for a farm - not a golf course.

Mr. Fazzalore stated the Open Space funds will not be used for the purchase of this property.

Motion carried with Mr. Fegley abstained.


Mr. Fegley moved, Mr. Allan seconded and it was unanimously carried to approve the Minutes of June 18, 2001 as written.

Mr. Allan moved and Mrs. Godshalk seconded to approve the Minutes of June 22, 2001 as written. Motion carried with Mr. Fegley abstained.


Mr. Fazzalore stated the purpose of this discussion is to set a date for a public meeting.

He recommended that the date be July 31, 2001 and that they invite all those interested including Newtown Township Board members and residents, Mr. Steil and Mr. Warren.

He stated they will have to determine the time and location for the meeting and will notify the Press once this is set.

Mr. Fegley moved, Mr. Allan seconded and it was unanimously carried to set a date for a public meeting to discuss I95/332 Loop Ramp on July 31, 2001 at a time and place to be announced.


Mr. William Winslade, Mr. John Kingham, and Mr. Charles Schlosser were present.

Mr. Winslade presented a model of the proposed Northern Fire Station. He thanked Richard and Matthew Whitley for the work they have done on the plan. Mr. Winslade stated at the request of the Township they have provided restrooms which could be used by the public although this did increase their costs somewhat. He stated he would like the Board of Supervisors to make a determination on the site. He noted that the Fire Department would strongly suggest Site B adding that it would result in a $100,000 savings. Plans for the building were shown using a brick or a stone front. Estimated cost is $1,286,000 including the infrastructure based on the building being located at Site B and with a brick front. Mr. Winslade stated if the Board recommends Site A, he does not feel it would be conducive for them to construct the public restrooms because that location would not be convenient for the public.

Mr. Winslade reviewed details of the proposed plan for the two-bay station including sleeping quarters, office space, recreation area, and kitchen facilities. Mr. Fegley questioned why they needed to provide sleeping quarters for ten people if it is only a two-bay station. Mr. Winslade stated during snow emergencies, they will also have an ambulance at the Station. Mr. Fegley also questioned the need for a recreation room.

Mr. Winslade stated this entices the fire fighters to stay at the Fire Station which does result in shorter response time. The proposed station is 8,200 square feet. The Woodside Station is 10,000 square feet.

Mr. Winslade stated they have planned to have the building face straight onto the road, but if the Township is going to change the intersection, they would like to know this so that they can change the way the building faces. Mr. Fazzalore stated he feels they should "T" the intersection which would solve many problems and would not be costly. Mr. Doherty stated they do have a design for this.

Mr. Winslade thanked Mr. Doherty and Mr. Taylor for their help on the project.

Mr. Doherty stated Site B would be less expensive with regard to the utilities.

Mr. Allan moved and Mr. Fazzalore seconded to move forward to put the Fire Station at the site the Fire Department recommends.

Mr. Fazzalore asked if they would be able to provide public sewer and water to Elm Lowne as well. Mr. Doherty stated providing public water would not be a problem. Mr. Zarko was present but was not familiar with the lay out of the site as it relates to public sewers.

Mrs. Godshalk stated when the Township purchased the two acres from the Snipes family, everyone was in favor of the Fire Station at that location and they did have a way to provide the utilities. She stated now that the Township has purchased additional property the Fire Department is proposing to build the Station right in the middle of the open space. She feels the two acres close to I-95 is the proper location. Mr. Winslade stated the Fire Department was never happy with the line of sight at the two-acre site and they were going to have to apply for variances as well with regard to the impervious surface.

Mrs. Godshalk stated now that they have added additional acreage, the impervious surface should not be a problem.

Mr. Fegley stated if they are going to provide sewer and water to Elm Lowne, it would make sense to proceed with Site A and provide sewer and water to both facilities.

Mr. Doherty stated at Site A, they would have to take the water from Miller Place and there is not sufficient water pressure. He stated they were going to have to go to Quarry Court.

Mr. Fegley stated he wants to make sure that if they proceed with Site B, that they can still run the sewer and water to Elm Lowne. Mr. Allan noted proceeding with Site B will save the Township $100,000. Mr. Winslade stated they also prefer Site B because of line of sight and response time.

Mr. Fazzalore stated it does not appear that there are three votes in favor of Site B this evening. He suggested that the Township engineer and Mr. Zarko review the Plans and compare how Elm Lowne could be provided with sewer and water from Sites A and B.

Mrs. Godshalk moved and Mr. Fazzalore seconded to table. Motion carried with Mr. Allan opposed.


Mr. Fazzalore noted the letter he received from Mr. Zarko regarding Rock Run Dam.

Mr. Zarko stated they had contacted the PA DEP about scheduling of the design and construction of the Rock Run Dam as the Township has a sewer line that would have to be relocated in advance of the construction. Mr. Zarko stated they have been advised that they anticipate getting approval to proceed with authorization to design in the spring of 2002 which will push the schedule back and construction will not commence for another two and a half to three and a half years from this date.

Mr. Fazzalore asked that the Township Manager notify Mr. Steil and Mr. Conti about their disappointment with this delay.

Mr. Doherty stated he was advised by Mr. Fedorchak that he was to go to Harrisburg on July 31 on the design for the dam. Mr. Fazzalore provided to Mr. Doherty a copy of the letter from Mr. Zarko.


Mr. Garton stated part of the Dolington Estates I approval was for Toll Bros. to extend laterals to adjacent parcels. He stated Mr. Kapetanovic then subdivided his property and the lateral had to be upgraded. Toll Bros. will pay what they would have paid originally, and Mr. Kapetanovic will pay for the balance as noted in the Agreement.

Mrs. Godshalk moved, Mr. Fegley seconded and it was unanimously carried to approve the Kapetanovic/Toll Payment Agreement.


Mr. Zarko stated the engineering phase of the sanitary sewer design of the project has been completed. They have also completed the legal descriptions and these have been provided to the Township solicitor so that he can prepare the easement documents. Bid documents have been prepared and submitted to the Township solicitor. They have obtained all regulatory approvals for construction of the project with two exceptions and they expect to receive these approvals shortly. They are scheduled to present final plans to the residents at the upcoming Sewer Authority meeting on August 2 at which time they will have updated construction costs.

Mr. Charles Schibel, 16 Spring Lane, asked if the Army Corps of Engineers have been brought in to survey the creek. He stated he is currently required to get flood insurance since a survey was never done to prove that flood insurance is not necessary. Mr. Doherty stated they do not intend to do a hydraulic study of this area. Mr. Doherty was asked to provide an estimate on how much it would cost to do such a study.

Mr. Hoffmeister stated the residents did receive a letter advising about the meeting to be held on August 2 when they will discuss the sanitary sewer project.


Mr. Fegley moved, Mr. Allan seconded and it was unanimously carried to reject any and all bids and authorize rebidding because the low bidder did not meet requirements of the bid by way of the bid bond and the next low bidder’s price appears to be out of order. Bids to be held off until late fall, early winter.


The Public Hearing was re-opened at this time. Mr. Fegley moved, Mr. Allan seconded and it was unanimously carried to Approve Ordinance No. 326 authorizing extension of sanitary sewer system to Covington Road.


Mr. Garton stated the applicant is requesting permission to co-locate at the facility located near the Hampton Inn. He noted the Plans dated 3/30/01, last revised 7/6/01. Mr. Garton stated that notice was sent to the applicant, legal notice appeared in the Bucks County Courier Times, and the property was posted by the Township staff. Mr. Garton incorporated the Township’s file into the record.

Mr. Allan moved and Mr. Fegley seconded to approve Conditional Use for Sprint Spectrum Plans dated 3/30/01, last revised 7/6/01 subject to:


Receipt of all permits and approvals by agencies having jurisdiction;


Compliance with PCS letter dated 6/21/01;


Applicant to provide financial security sufficient to remove facility and equipment in the event it is not longer needed;


Land Development is waived;


Payment of all Township fees and expenses to the extent not satisfied;


Applicant confirms compliance with Zoning Ordinance Section 200.50.1.

Mr. Benner agreed to accept the conditions of approval and stated they have complied with the Zoning Ordinance and all items in the PCS review letter. Mr. Benner reviewed the type of equipment used by Sprint Spectrum.

Mr. Fazzalore stated at the Planning Commission meeting, Mr. Pazdera was concerned about the existing landscaping around the facility and Sprint indicated that this was not their facility and they were only a co-locator. Mr. Benner stated Sprint would agree to upgrade the landscaping plan rather than delay the approval.

An additional condition was added as follows which was agreed to by Mr. Benner:


Landscaping to be upgraded to the satisfaction of the Township engineer.

Motion approved unanimously.


Mr. Fegley moved and Mr. Allan seconded to approve Island Woods Lot No. 3 Development Agreement. Motion carried with Mr. Allan, Mr. Fazzalore, and Mr. Fegley voting in favor. Mrs. Godshalk was not present for the vote.


Mr. Garton stated the developer has posted a Performance Bond and would like approval pending the PennDOT permit. Mr. Edward Murphy, attorney, stated PennDOT has issued a temporary permit.

Mr. Allan moved and Mr. Fegley seconded to approve the Edgewood Point Grading Agreement.

Ms. Maureen Friedman asked about and was advised of the location of the project.

Motion carried unanimously.


Mr. Fegley moved, Mr. Allan seconded and it was unanimously carried to approve the Modified Meehan Tract Development Agreement.


Mr. Roeper stated the Legislature modified the Municipalities Planning Code, and one of the requirements is each Municipality must update their Master Plan every ten years. Lower Makefield Township’s Master Plan was last updated in 1992. In order to update the Plan and bring it into compliance with the MPC, the Planning Commission has recommended that an expert be employed to assist them in this endeavor. The Bucks County Planning Commission has submitted a proposal and the Planning Commission would recommend to the Board of Supervisors that they favorably consider approving this with the understanding that the fees incurred will not exceed $15,000.

Mr. Fazzalore stated they also discussed that the questionnaire portion may be part of the Township Newsletter rather than a separate mailing. Mr. Roeper stated one of the recommendations was that a questionnaire be considered to be sent to the residents as to what they feel should be considered in a Master Plan. The Planning Commission would like to consider this matter further before making any recommendation as to the nature and magnitude of the questionnaire. Mr. Roeper stated the Planning Commission felt that at the least the questionnaire should be distributed to all Township Boards and Commissions.

Mrs. Godshalk stated in the past they paid for the update of the Master Plan with Community Development Funds since this is one area where Lower Makefield Township can qualify to use such funds. She asked that Mr. Taylor look into this possibility.

Mr. Roeper stated Ms. Bush did assist them in 1992 when the last update was done and she has also done a considerable amount of work with the Township in other areas. She has indicated that she will oversee this project as well.

Mrs. Godshalk moved and Mr. Allan seconded to appoint the Bucks County Planning Commission to update the Comprehensive Master Plan with fees not to exceed $15,000.

Ms. Maureen Friedman suggested that they put something in the newspaper that questionnaires are available at the Township and those residents interested could pick them up there which would save on the cost of mailing.

Motion carried unanimously.


Mr. Fazzalore moved, Mr. Allan seconded and it was unanimously carried to grant an extension of time to Minnes Minor Subdivision to November 10, 2001.


Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to grant an extension of time to Haddad Minor Subdivision to November 8, 2001.


Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to grant an extension of time to First Baptist Church of Newtown Preliminary Plan to November 6, 2001.


Mr. Fazzalore moved, Mr. Allan seconded and it was unanimously carried to grant an extension of time to Valley Day School Tract to August 31, 2001.


Mr. Fazzalore moved and Mr. Fegley seconded to grant an extension of time to Matrix Development Group to October 4, 2001.

Mr. Michael Upton, Cornerstone Development, asked what this action is doing.

Mr. Garton stated the Municipalities Planning Code imposes certain deadlines on the review of Plans. The Applicant is requesting an extension of time because the Township has not completed its review, nor has the Planning Commission had an opportunity to review the Plans. If the Township does not grant the extension, it would be a deemed approval.

Ms. Maureen Friedman stated she felt the Planning Commission was approached first and then the matter went to the Board of Supervisors. She asked why the Planning Commission was "jumped over." Mr. Fazzalore stated only the Board of Supervisors can grant an extension. He noted the Plans first go to the Township engineer, then the Planning Commission for a recommendation, and then the Board of Supervisors for approval. Mr. Garton stated the Master Plan Agreement was approved after review by the Planning Commission fourteen years ago. The Master Plan Amendment was approved by the Board of Supervisors. Plans are now being presented to the Township, and they are requesting an extension in order to provide the Township time to review the Plans.

Ms. Susan Dengler asked about the review process. Mr. Fegley stated the developer also files for permits from other regulatory agencies separate from the Township. He stated after the Township review they will give approval subject to the applicant obtaining these other reviews as well. Once the Township engineer completes his review, the matter will go to the Planning Commission who will make a recommendation to the Board of Supervisors. Ms. Dengler asked about the comments made by the Historic Commission. Mr. Doherty stated these will be included in his report. Ms. Dengler noted the letter from the Historic Commission which refers to the need for an archeological dig and asked if this will be done. Mrs. Godshalk stated Matrix does not own the property to which they refer.

Mrs. Godshalk stated the applicant did attempt to obtain that property, but were unsuccessful. Mr. Doherty stated this letter will be addressed by the Planning Commission and the Board of Supervisors. Ms. Dengler stated the letter also references a barn on the site. Mrs. Godshalk stated Matrix has requested a Demolition Permit to remove the barn. The Township did attempt to contact an individual who takes down barns and re-uses the wood, but the individual has not responded. Ms. Dengler commented on the difficulty she has encountered in the Township Office trying to obtain information on Matrix. She stated she feels the file she was eventually provided was missing items which she feels are public information.

Mr. Fazzalore stated there will be ample time to discuss the Matrix project when it comes up for review. The only action being taken this evening is to grant an extension of time.

Mr. Fazzalore stated they will make sure that the staff maintains the proper records and will ask the Township Manager to insure that this is taken care of.

Mrs. Godshalk stated Mr. Brookman, attorney for Matrix, has requested in his letter an extension on the final plan, and the Agenda does not state whether this is for a Preliminary or Final Plan. Mr. Doherty stated the Agreement only indicates that there will be a Final Plan and this is only a one-step process. Mr. Fegley stated at times the developers do request Preliminary/Final Plan approval. Mr. Fazzalore stated if the Agreement they signed calls for a Final Plan, that is what they agreed to do. Mrs. Godshalk stated if this is the case, she feels the Agreement is null and void.

Mr. Fazzalore amended his Motion to grant an extension for the Plan presented to October 4, 2001 reserving the right to determine if it is a Preliminary or a Final Plan.

Ms. Dana Wyrik stated she would like to make sure that the residents know when these plans will be reviewed by the Township. Mr. Fazzalore stated they put the Agendas on the Internet and on Cable Channel 16. He stated the newspapers publicize this as well.

He stated when Matrix comes before either the Planning Commission or the Board of Supervisors, they will make sure the public is advised ahead of time.

Mr. Mark Adami, Big Oak Woods, asked if this matter will be approved between now and October 4. Mr. Garton stated the Township has until October 4 to make a decision unless there is a request for another extension.

Ms. Maureen Friedman stated she feels the Board of Supervisors should first make a determination what the Plan is that they are approving. Mr. Garton stated if they wait for clarification on this, the time may pass and it may be considered a deemed approval.

Mr. Fegley seconded the amended Motion and the Motion carried with Mrs. Godshalk abstained.

Mr. Mike Kane asked how much influence the Planning Commission has over the Board of Supervisors, and Mr. Fazzalore stated they are a recommending body and the Planning Commission could make one recommendation and the Board of Supervisors vote differently.


Mr. Fegley moved, Mr. Allan seconded and it was unanimously carried that the Board take the following action:
No action taken on Green, 3 Black Rock Road, Variance request to impervioussurface requirements to construct shed.

Solicitor to appear in opposition to Frankenberg-Bullard, 8 Tudor Lane, Variance request to lot area and yard requirements to construct detached garage.

No action taken on Floral Vale Enterprises Special Exception for medical office at 117 Floral Vale Boulevard.

No Action taken on Bisacky, 1049 Erin Court, Variance request from special setback to construct an addition on rear of house.

Solicitor to appear in opposition to Jerome Sellers, 538 Heritage Oak Drive, Variance request to impervious surface requirements for in-ground pool.


Mrs. Godshalk moved, Mr. Allan seconded and it was unanimously carried to approve the July 2, 2001 and July 16, 2001 Warrant Lists, and June, 2001 Payroll as attached to the Minutes.


Mrs. Godshalk stated the Golf Course Committee will be meeting on Monday at 7:00 p.m.

Mr. Allan stated the Community Pool is operating well and the Cooperative Agreement with Yardley Borough and Lower Makefield Township has worked out well. He stated over thirty Yardley Borough families took advantage of this, noting that since this was done late, a number of people in Yardley Borough had already joined other pools.

Mr. Taylor stated as of last Friday, memberships have exceeded Budget. Mr. Allan stated they are moving forward with the handicap ramp project.


Ms. Herman thanked the Township for their written comments on this matter.


Mrs. Godshalk moved, Mr. Fegley seconded and it was unanimously carried to approve Resolution No. 1088 creating the Elm Lowne Preservation Committee.

There being no further business, Mr. Fegley moved, Mr. Allan seconded and it was unanimously carried to adjourn the meeting at 10:10 p.m.