The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on April 1, 2002.  Chairman Fegley called the meeting to order at 7:30 p.m. noting that the Board had been meeting in Executive Session since

6:00 p.m. to discuss legal and personnel matters.


Those present:


Board of Supervisors:                  Scott Fegley, Chairman

                                                Grace Godshalk, Vice Chairman

                                                Wes Hackman, Secretary/Treasurer

                                                Frank Fazzalore, Supervisor

                                                Pete Stainthorpe, Supervisor


Others:                                     Terry Fedorchak, Township Manager

                                                Jeffrey Garton, Township Solicitor

                                                Bob Williams, Township Engineer

                                                Kenneth Coluzzi, Chief of Police





Mr. Steve Willard, 178 Taylorsville Road, stated his property adjoins the proposed golf course; and two weeks ago while they were drilling a well on the site, his well was impacted.  Once they stopped the drilling, his problem cleared up in a few hours.  He stated his water pressure dropped this Saturday; and although he had been advised that the problem would be addressed Monday morning, no one came to his property until

3:00 p.m. that afternoon.  He stated the individual from DelVal Soils could not explain why the problem occurred and the individual drilling the well advised him that his well was going bad.  Mr. Fegley stated he feels the Township must do whatever they have to do to correct this problem; and if Mr. Willard has incurred any expenses as a result of this problem, he should be compensated.  Mr. Hackman stated unfortunately this problem occurred during a holiday weekend and they could not get anyone out to the property any sooner.  Mr. Taylor stated he expects to have a report on this matter the first thing in the morning.  Mr. Willard stated he has not had any problems for twenty years.  Mr. Willard stated as of yesterday, he did get pressure back.  Mr. Hackman stated as far as they know, no one else has had any problems.  Mr. Willard stated his well is the deepest since it is 300 feet and the rest in the area are 150 feet. Mr. Fazzalore stated he has expressed his concerns about the area wells as they relate to the proposed Golf Course in the past.


Mr. Bill Gibney read his letter, a copy of which he provided to the Township today, regarding reducing the speed limit on Edgewood Road to 25 miles per hour.  He asked that the Township take over the road now provided PennDOT gives the Township a written statement indicating how and when they will repair the Sandy Run Bridge.  Mr. Hackman stated Mr. Gibney brought this up at the last meeting, and the Board of Supervisors asked that the Township engineer evaluate the road.  Mr. Williams stated he has talked to the individual involved with the turn-back program who is to provide him with additional information and materials.



April 1, 2002                                                                   Board of Supervisors - page 2 of 11



Ms. Sue Herman asked for an update on the Newtown Office Commons no left turn issue.

Mr. Garton stated he previously noted that the traffic engineers were trying to resolve this issue. He contacted Mr. Yeager who indicated their traffic engineer was no longer on the project.  Mr. Garton then contacted Mr. Kaplan, their attorney, and they are discussing this with their client and will also provide information on the Roberts’ tract. Mr. Garton stated he feels he will have an answer by the next meeting.





Mr. Fegley announced that no one could be present this evening to represent Dr. William Strahle, and they hope to be able to present the Plaque in his honor at a future meeting.


Mr. Fegley presented a Plaque to Frederick Allan for his years of service as Township Supervisor.  Mr. Allan stated the job of Supervisor is probably the most difficult and most rewarding job that a citizen can do.  He stated the Board spends a great deal of time behind the scenes making things happen in the Township.  He stated Lower Makefield Township is an outstanding Township, and the Board does an excellent job running the Township.


Mr. Fegley presented the Plaque honoring Edward Koch to Planning Commission Chairman Albert Roeper since Mr. Koch was unable to attend this evening.  Mr. Fegley noted Mr. Koch served the Township for twenty-six years.  Mr. Roeper stated when

Mr. Koch first came on board, the Zoning and Subdivision Ordinances which have made the Township what it is today, were just being put into place.  He also was present to participate in the formation of the Farmland Preservation Corporation and other projects that make this a fine Township.  Mr. Roeper added he is very sorry that he had to leave the Planning Commission because of ill health.  Mrs. Godshalk stated she and Mr. Koch became members of the Planning Commission on the same night in July, 1975 and they will miss his service to the Township.





Mr. Ed Furman, Maille Falconeiro, was present with Mr. William Taylor, Finance Director.  Mr. Furman provided a summary sheet of his report this evening.  He stated they have provided a clean, unqualified opinion.  He stated an additional fund will be established as a proprietary fund for the Golf Course which is similar to the Sewer Fund and the Community Pool Fund.  Mr. Furman noted taxes came in significantly higher than budgeted because of another strong year for Transfer Taxes which are difficult to predict from year to year.  Total revenue came in $800,000 over budget and $500,000 over the prior year.  Expenditures were noted for the General Fund.  He stated most of these numbers are comparable to the prior year. 


Mr. Fazzalore commended Mr. Furman on the job done, and Mr. Furman stated the Township has an excellent accounting staff and very few adjustments were needed.

Mr. Furman stated they had a very stable year as it relates to the General Fund.


Mr. Hackman asked if they are satisfied with the controls in the Accounting Department, and Mr. Furman stated the Township is in excellent shape.  Mr. Hackman stated

Mr. Taylor and his staff should be commended for an outstanding job.


April 1, 2002                                                                   Board of Supervisors - page 3 of 11



Mr. Furman stated their firm audits approximately fifteen Townships and Boroughs, and the financial condition of Lower Makefield is one of the strongest.  He stated this can be seen in the Bond rating when the Township goes out to borrow. 


Mr. Hackman noted the changes which the State is requiring to be implemented which will result in a tremendous amount of work to be done in the Accounting Department. 

Mr. Furman stated he feels the Township is far along in the process, and he noted the template he provided which shows this.  Mr. Hackman asked if other Townships are up to this point, and Mr. Furman stated they are in various stages. He stated the biggest item involves fixed assets, and Mr. Taylor has some numbers on this already.  He feels they can implement this in 2002.





Mr. Hackman moved, Mr. Fazzalore seconded and it was unanimously carried to approve the Minutes of March 18, 2002 as written.





Mr. Murphy, attorney, Mr. John Genovesi, engineer, and Monsignor Shoemaker were present.  Mr. Garton stated they are being asked to approve dividing the project into two phases.  This was recommended for approval by the Planning Commission. 


Mrs. Godshalk moved and Mr. Hackman seconded to approve the Phasing Plan subject to all prior conditions applicable according to the approval dated 3/19/01.


Mr. Murphy noted which portions of the project will be included in the phases.   

The condition of Approval was acceptable to Mr. Murphy. 


Mr. Hackman asked if the road will go in before the second modular and it was agreed that this would be done.


Motion carried unanimously.





Mr. Marshall and Mr. Brown were present.  Mr. Garton stated this matter was previously discussed and a question arose regarding the payment of fee-in-lieu for certain improvements.  Mr. Garton reviewed possible conditions of approval and the waivers being requested.  He stated the Township engineer was asked to generate a list of the required improvements and an amount associated with these improvements which he has now indicated would be $85,000.  He was also asked to provide information on what has been done by other Churches in the past.  Mr. Garton stated they should also consider the extended amount of frontage that this applicant has as it relates to the other Churches.

Mr. Stainthorpe stated this comparison was provided in the Board’s informational packet.  The total frontage for this applicant is approximately 2700 feet which is significantly more than the other Churches which have been approved in the past.


April 1, 2002                                                                   Board of Supervisors - page 4 of 11



Mr. Hackman stated these are State roads, and he is not sure that the State has any intention of improving them.  Mr. Marshall stated improvements were made at the corner of Stoopville and 532 some time ago, and the Church did donate land for that purpose. 


Mr. Fegley suggested that a one third contribution would be appropriate since they have approximately three times the frontage the other Churches had.  He stated this would equal approximately $28,000 but recognizing the ground they have given up, he feels $20,000 to $21,000 would be appropriate.   Mr. Marshall stated the $85,000 did not contemplate the piping.  Mr. Marshall stated they have authority of offer what the other Churches paid which was $19,000 recognizing that they did not do any of the other improvements and this Applicant is doing some.    Mr. Hackman asked what these funds would be used for, and Mr. Garton stated they would be earmarked for Township road improvements but they would not necessarily have to be used in this area unless the applicant so stipulates.


Mr. Hackman  moved and Mr. Fazzalore seconded to grant Preliminary Plan Approval for the First Baptist Church, Plans dated 9/17/99 and 12/18/00, last revised 1/31/02 conditioned on:


            1)  Compliance with PCS letter dated 3/12/02;

            2)  Waivers to be granted as follows:

                  a)  Section 178-20 relating to existing features within 200 feet;

                  b)  Section 178-20CA scale of Plan;

                  c)  Section 178-46A1 curbing;

                  d)  Section 178-47A sidewalks and the fifteen foot planting strip along the


                  e)  Section 178-48A bikepath recognizing it is bikepath or sidewalk along

                         the frontages;

                  f)  Section 178-57D street trees as well as the issue of installation of

                         hemlocks and deciduous trees in lieu of the hedge around the

                         parking area;

                  g)  Section 178-20E pavement cores for adjoining road;

                  h)  Section 178-57C requirement for 10 foot wide parking island for

                        every 20 spaces;

                  i)  Section 178-57Q requirement for pedestrian crosswalks and refuse

                        islands every 200 feet;

                  j)  Section 178-57H reducing the stall size of the parking stalls from

                       10’ x 20’  to 9’ by 18’;

                  k)  Section 178-82B waiver of the Type I buffer on the westerly side -

                        the Applicant to provide an informal planting of conifers recognizing

                        there are existing trees or hedgerow in that area;

                   l)  Section 178-95C7 waiver on the slopes in the softball area which is

                        flatter than 2% in their own recreation area;


            3)  Compliance with the two Zoning Hearing Board decisions dated 2/18/92

                  and 5/16/00;

            4)  Compliance with the Skelly & Loy letter dated 1/9/02;

            5)  Receipt of all permits and approvals by any agencies having jurisdiction;

            6)  Applicant between now and Final Plan to resolve whether a small maintenance

                  building in the nature of a shed is a non-residential accessory building;



April 1, 2002                                                                   Board of Supervisors - page 5 of 11



            7)  Compliance with the Lower Makefield Township Traffic Impact Fee Ordinance

                  with the notation that their understanding is that a House of God is one house                     which is consistent with prior actions;

            8)  Payment of all Township expenses associated with the Application;

            9)  Connection to public sewers when readily available;

          10)  Payment of Fee-In-Lieu of $20,000 for Township road improvements to be

                  constructed anywhere in the Township at the Township’s discretion.


Mr. Marshall agreed to the Conditions of Approval and the Motion carried unanimously.





Mr. Garton noted that the staff has recommended rejection of the request for dedication.


Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to deny the request for dedication of the Peake Farm due to outstanding issues in the CKS report.







Mr. Stainthorpe moved and Mr. Fazzalore seconded to approve Resolution No. 2008,

Resolution No. 2009, and Resolution No. 2010, Dedication of Dolington Estates I, Phases I, II, and III.


Mr. Hackman noted the item in the PCS letter which indicates that although trees have been planted, many of these have died.  Mr. Williams stated they did go back and look at these but it was too early to decide if they had withstood the winter.  During the Maintenance Bond period they will have their tree person go out and tag the trees that will have to be replaced.  He stated there is a maintenance bond for eighteen months, and this should cover the cost of replacement. 


Motion to approve carried unanimously.





These were signed following the meeting.





Mr. Hackman moved, Mr. Stainthorpe seconded and it was unanimously carried to authorize advertising Ordinance to amend the Township Code by fixing terms of the Zoning Hearing Board members at five years.




April 1, 2002                                                                   Board of Supervisors - page 6 of 11





Mr. Garton stated at the last meeting he was asked to prepare a Resolution setting forth the history of Pool Board and other actions which have been taken from time to time and to provide reasons related to the management of the recreation facility that have been discussed in order to transfer the duties of the Pool Board to the Park & Recreation Board.

Mr. Hackman stated times have changed and there is now a Park & Recreation Director and Park & Recreation people who are working on the maintenance of the Pool Complex.


Mr. Hackman moved, Mr. Stainthorpe seconded and it was unanimously carried to approve Resolution No. 2007 transferring functions of the Community Pool Board to the Park & Recreation Board.





Mr. James McCaffrey and Mr. Hank Lawrence were present.  Mr. McCaffrey stated they now have an excellent service level of 97.65% which is very comparable and in many cases above what the rest of the Rescue Squads do in the County.  He noted the call volume  increased by 141 calls last year and this trend is continuing this year.  He provided information this evening including their financial statement for last year noting that they came in on Budget and had an excess of $14,000 in revenue over expenses.  He thanked the Board of Supervisors for their cooperation with the settlement of the building which alleviated the burden that the Rescue Squad was facing.  Mr. McCaffrey stated they paid off the large Accounts Payable arrearage they had with a few exceptions.  They  have also installed a new billing system which is working very well and bills are going out on time and they have tracking ability.  They have pursued and exhausted the pursuit of the large Accounts Receivables that they were showing and have provided the Township with the records of those.


Mr. McCaffrey noted he has included in the package provided to the Board their Budget for the year 2002.  He stated 25% of their revenue comes from tax dollars and another 25% from the generosity of the community through donations. They are also looking forward to a Grant in the amount of $20,000 thanks to Mr. Steil which will help pay off the cost of the upgrade for the radios which they owe the County.  He stated they need to look at the ambulance fleet at this time.  They are in good shape and are well served but recognize that it is an aging fleet.  Last year they had eight vehicles and this was reduced to four.  They feel they will reduce this by one more so that they will have three ambulances and the van.  They hope to sell the 1995 ambulance and they feel they can get $20,000 for it and they owe $20,000 on it.  They have a 1996 vehicle which is paid off but because of the mileage on it they feel they can get $13,000 to $14,000 for it.  They owe $31,000 on the 1998 vehicle.  They plan to sell the 1995 and 1996 vehicles and retain the 1998 vehicle and the 1999 van.  They owe $30,000 on the 1999 van.  They are in the process of entertaining bids for a new vehicle and it appears that it will cost approximately $110,000 fully equipped.  He stated they may need to come back to the Board for help in acquiring the ambulance in the form of a loan or Grant.  Mr. Fazzalore stated he feels the Board should consider a loan for the purchase of the new vehicle which can be paid back over twenty years.  Mr. Hackman stated it does not make sense to loan them money if they are not going to be able to pay it back.  Mrs. Godshalk asked if they have the people to run the vehicles, and Mr. McCaffrey stated they are fully staffed.  Mrs. Godshalk noted the

April 1, 2002                                                                   Board of Supervisors - page 7 of 11



employee health benefits and stated many of the employees are employed elsewhere.

Mr. McCaffrey stated they cannot be discriminatory on health benefits if there is a policy that provides for full-time employees to receive benefits. He stated they do offer compensation in lieu of benefits if they are not needed by the employee.  Mr. Lawrence stated full-time is considered to be thirty-six hours for paramedics.


Mr. Fazzalore commended Mr. McCaffrey for taking over this matter.  Mr. McCaffrey commended Mr. Lawrence for his leadership as well. 


Mrs. Godshalk noted the bank service fees which she feels are high.  She stated she feels some bank may be willing to provide less expensive service fees since they are a non-profit agency.  Mr. McCaffrey agreed to look into this. It was noted some of these charges are due to the fact that they accept payment and donations by credit card.


There was discussion on the prior Accounts Receivables, and Mr. McCaffrey stated they determined that much of this should not have been on the list.  They also looked into use of a collection agency for some of the items. They then sent letters out on their own and they were able to collect a significant amount of money.  Mr. Hackman asked about reimbursement by the insurance companies which was a problem in the past, and

Mr. Lawrence stated at the current time they are getting 65% which is above average for these charges.


Ms. Virginia Torbert stated she has been told that there is only one ambulance in working order and they do not have the funds to fix the others.  Mr. McCaffrey stated this is incorrect.  Mr. Lawrence stated they have four ambulances, one of which is not in service at the present time since it needs brake calipers.  These will be installed and it will then be put back in service.  Mr. McCaffrey stated he would be willing to take Ms. Torbert on a tour of the facility.  Ms. Torbert stated she feels the Rescue Squad is one of the most important concerns of the Township since this involves the health, safety, and welfare of the citizens.  She feels the Township should support the Rescue Squad in all ways possible.  She stated she is also concerned that the Rescue Squad is no longer in the business of transport since this is a service they should be providing to the citizens of the Township. Mr. Hackman stated there are other private ambulance companies that do provide this service. Mr. McCaffrey stated they have decided not to get back in this business because the revenues do not equal the expenses in order to operate this service. 





It was agreed to leave to the Zoning Hearing Board’s discretion the John Gramlich, 469 Keating Drive, Variance request to construct a shed within the special setback of Big Oak Road and the David and Jill Kuntz, 1909 S. Crescent Boulevard, Variance request to construct an addition resulting in greater than the permitted impervious surface.





Chief Coluzzi stated the Community Alert Network is a telephone notification system which contacts residents in an effected area and advises whether or not the residents should evacuate. 


April 1, 2002                                                                   Board of Supervisors - page 8 of 11        



Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the Agreement for the Community Alert Network.





Chief Coluzzi stated as the Emergency Management Coordinator he is responsible for preparation of the Emergency Operating Plan and this has been provided to the Board this evening.  He asked that the Board review it and at the appropriate time, he will answer any questions.  Chief Coluzzi thanked the people serving on the Emergency Management Committee and noted the names and expertise of the members.  He recommended appointment of Robert Graham to the Committee as he has over twenty-nine years of Federal law enforcement experience and will be an outstanding addition to the Committee.


Mrs. Godshalk moved, Mr. Stainthorpe seconded and it was unanimously carried to appoint Robert Graham to serve on the Emergency Management Committee.





Mr. Fegley stated the Township Earth Day Events will take place on Saturday, April 20.


Mr. Hackman stated the plans for the Golf Course continue.  He noted the problem with a neighbor’s well discussed earlier in the meeting and they will work on resolving this issue.  He stated they are currently before the Planning Commission and reviewing the waivers which they feel are needed. 


Mr. Hackman moved and Mr. Stainthorpe seconded to give the engineer and consulting firm the go ahead to pursue the waivers needed with the Planning Commission and the Zoning Hearing Board.  Motion carried with Mr. Fegley abstained.


Mr. Hackman stated he would like to proceed with going out to bid for the actual construction of the Course.  The bidding process will take six weeks and by that time he feels all permits and reviews will be completed. 


Mr. Hackman moved to give the construction management people and the engineers the go ahead to proceed with the bidding process. 


Mr. Hackman stated bids could be rejected for any reason whatsoever.  Mrs. Godshalk stated she would prefer that they be permitted to only write up the specs at this time. 

Mr. Hackman noted the specs are already written and are available for review. 

Mr. Fazzalore stated he feels they should proceed since they will then know how much construction will cost.  Mr. Garton stated he did review the specs and feels they were very well done.


Mr. Stainthorpe seconded the Motion.


Mr. Geoffrey Goll, 5 S. Homestead, asked how they can put the project out to bid without having the waivers approved.  Mr. Hackman stated they can reject the bids if necessary.

April 1, 2002                                                                   Board of Supervisors - page 9 of 11



He added the Board of Supervisors can waive some of the items and they may need to go to the Zoning Hearing Board for others.  He stated even the environmental engineer has agreed that there would be no harm to the environment if the waivers are granted.  Mr. Goll asked about the Variances which have been requested, and Mr. Fegley provided copies of this information to Mr. Goll this evening. 


Ms. Torbert asked about the Board of View and the status of the well issue.  Mr. Garton stated the Board of View will take place sometime the first two weeks in May.  Mr. Fegley stated they are still working on the well issue.  Mr. Hackman stated two wells have been bored out to 10”.  One came out to 300 gallons per minute which is excellent and the other was 90 gallons per minute which is good.  The construction manager was very pleased with the quantity of water.  Mr. Fazzalore stated they still need to work out the Agreement with the residents to insure that their wells will not be impacted.  He stated he feels they should determine what the conditions of the wells are today for every resident in the area that has a well.  Mr. Taylor stated they are still working on this.  He feels this will involve twelve wells.  Mrs. Godshalk stated she feels they must establish a base line for more than this number since the Township needs to protect itself.


Motion to approve going out to bid carried with Mr. Fegley abstained.


Mr. Fazzalore stated Mr. Paul, from the CATV Board, met with Comcast and

Mr. Fazzalore will be receiving a report on this shortly.


Mr. Stainthorpe stated surveys need to be done to update the Township Master Plan. 

Mr. Roeper stated the Bucks County Planing Commission, which is assisting the Planning Commission in this, previously suggested that they send a questionnaire to all homes in the Township asking for a response on a variety of items. The Planning Commission felt this was overkill because of the time and expense involved.  They have proposed that it be sent to every fourth household on the Township list.  This will cost approximately $2300.  They are assuming that they will get a 25% to 30% response which they have been advised would be a good response rate.  He noted the Bucks County Planning Commission submitted a draft questionnaire which the Planning Commission discussed and modified to reflect local problems.  They then tried out the questionnaire on several citizens as to what they would feel if they received this and then made further modifications.  Mr. Roeper noted his memo of March 12 that proposes the questionnaire would be put on 11” by 17” paper and then folded so it can be mailed out with a postage paid return envelope.  The Planning Commission is asking the Board for their comments on this matter.  Some Board members indicated they had not seen the questionnaire and asked that the matter be deferred.  Mr. Roeper stated the Board had previously given the Planning Commission a deadline for approval of the Update by the end of the year and the Planning Commission felt they should have the first draft to the Board by September 1 which would not give them much time for their review if this matter is deferred.  Mrs. Godshalk stated there is no legal obligation to have this completed by the end of the year.  Mr. Fegley stated he read through this and felt it was acceptable.  Other Board members felt that they would like the opportunity to review it first before proceeding.  Mrs. Godshalk stated she feels it would be good if they could send out something additional as well on some other items since they are spending money to send this out.  Mr. Hackman suggested that the Board review this and get back to Mr. Roeper with comments before it is sent out.




April 1, 2002                                                                 Board of Supervisors - page 10 of 11





Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to cancel the April 15, 2002 meeting.





Mr. Fedorchak stated when the Board of Supervisors approved the Octagon Center, Matrix was required to install two traffic signals.  They are currently in front of PennDOT attempting to obtain a Highway Occupancy Permit and the Township needs to approve a Resolution indicating they will maintain the signals once they are constructed.  


Mr. Stainthorpe moved and Mr. Hackman seconded to approve Resolution No. 2006.  Motion carried with Mrs. Godshalk opposed.





Mr. Fedorchak stated, as directed by the Board, they anticipate putting together a special Newsletter before the Primary which he expects will cost approximately $6,000 which would include $1700 for printing costs, about $2700 in postage, and $1,000 for editing services.  He asked for authorization to proceed.


Mr. Stainthorpe moved and Mr. Hackman seconded to proceed with the Primary Election Mailer as outlined by Mr. Fedorchak.


Mr. Fazzalore stated this will be an informational mailer only.  Mr. Hackman asked if the Board of Supervisors will have the opportunity to review this prior to it being mailed out, and Mr. Fedorchak stated they will.  Mr. Hackman stated he is concerned about the timing.

Mr. Fedorchak stated they will provide the draft to the Board in a few weeks. 


Motion carried unanimously.


Ms. Torbert stated she assumes that this will be about the question to be on the ballot and asked if it will be a neutral presentation.  Mr. Fegley stated it will since by law it must be and they cannot advocate any particular position.  It will simply be informational. 

Ms. Torbert asked if it will be presented to the public before it is sent out, and Mr. Fegley stated it will just be sent out to the public as he did not know how they could present it to the public before it is sent out.  He stated the Board of Supervisors does have the right to edit the Newsletter although they cannot advocate a particular position and cannot state the public should vote no or yes and will simply provide information.  Ms. Torbert stated she understands this but recognizes there are certain ways of saying things. She asked if it will discuss what could happen.  Mr. Fazzalore stated he feels the Township Solicitor should review this to make sure it is absolutely neutral.  Mr. Goll noted there is an individual in the Home Rule Office in Philadelphia who may be able to do the review for them. 





April 1, 2002                                                                 Board of Supervisors - page 11 of 11





Mrs. Godshalk moved, Mr. Fazzalore seconded and it was unanimously carried to

re-appoint Barbara Kirk and Rudolph Mayrhofer to the Zoning Hearing Board.



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


                                                                        Respectfully Submitted,





                                                                        Wes Hackman, Secretary