BOARD OF SUPERVISORS
The regular meeting of the Board of Supervisors of the
to discuss legal matters.
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
Robert Williams, Township Engineer
Kenneth Coluzzi, Chief of Police
There was no public comment at this time.
APPROVAL OF MINUTES
Mr. Hackman moved, Mr. Fazzalore seconded and it was unanimously carried to
approve the Minutes of
PRESENTATION OF PROPOSED ADAPTIVE REUSE PLAN FOR THE U S MAGNET SITE AND APPROVAL TO SEND LETTER IN SUPPORT OF CONCEPT
Ms. Jennifer Stark was present as a member of the Task Force
involved with preparation of a plan for the former U S Magnet and Alloy site in
Yardley, a portion of which is located in
Mr. Robert White reviewed the history of the site. He showed pictures of the existing conditions. He noted they have met with Congressman Greenwood, Representative Steil, and Commissioner Fitzpatrick about this project. Proposed improvements to the site were shown including the building which will have a smaller footprint than the existing building and will therefore preserve additional open space. The proposed uses will stagger the traffic throughout the day. There was discussion on the need for remediation of the site due to prior uses. Mr. White stated the owners have ridded the building of the toxic chemical barrels. The owners feel they have the property remedied to an industrial usage but an upgrade would be required for uses such as the Task Force is proposing and these will be costly.
Mr. Fazzalore asked about road access, and Mr. White stated this is still under discussion. Mr. Fazzalore asked how long they feel the remediation portion of the project will take since it has been his experience that this can be very time consuming. Mr. Milora stated a field assessment was done on the site. This is a brownfield site so it can qualify as an Act 2 under the DEP. He reviewed the sampling that has already been done and the three main chemicals which were found. Since it was only tested to an industrial use, they would have to have a complete re-assessment if the property were to be used as they are proposing. They want to save 65% of the site as open space. They are also looking at groundwater run off and ways to put in parking areas which will be pervious to water.
Mr. Stainthorpe asked who would pay the remaining portion of the clean up, and
Mr. White stated they hope to be able to secure sufficient funds not only to purchase the property but to do the remediation as well up to residential levels.
It was noted that the property is currently owned by the Cold Spring Investment Group and is currently for sale. Mrs. Godshalk asked about the purchase price, and Mr. Milora stated they have seen various prices from $3 million to $7 million. It was noted Representative Steil has put in for $3.1 million for the site.
Mr. Fazzalore stated he will not
vote in favor of
Mr. White stated they are coming before
Mr. Hackman asked about the construction of the building, and Mr. Milora stated they will use a portion of the existing building and it will be rebuilt into something usable. This is where the YMCA comes in. Mr. Milora stated they are concerned that if this becomes an industrial use, the owners will simply pave over, and he does not want to see this happen with this site.
Mr. Fazzalore asked about the possibility of condemnation, and Mr. White stated if they condemn the property, they would not be able to get Government funds. Mr. White noted a significant portion of the site is wetlands.
Mr. Milora stated other plans being discussed for the site include a large office complex with a significant amount of parking. While this would involve re-zoning, some of the other uses they have heard discussed would not, such as a truck depot and warehousing.
Mr. Hackman asked about the involvement by the YMCA. Mr. Brisco, CEO of the YMCA, stated they are not proposing any particular building at this point. The YMCA is run by the community by a volunteer Board of Directors who determines the facility’s programs and what would be at the facility. Their money comes from Grants, donations, etc. If a community has no needs, they do not put a YMCA in that community.
Mr. Fazzalore asked if this is the
YMCA that has been rejected by
Mr. Brisco stated it is the same
organization, but they were not rejected by
Mr. Fazzalore asked if they would
put a YMCA in Yardley if they put one in
Mr. Fegley stated at this point the Task Force is only asking for an endorsement of their proposal. He stated if the Board sees fit to support the concept, he would be willing to serve on the Task Force.
Mr. Paul Krupp,
Ms. Virginia Torbert asked if the
Mr. Milora stated it is wetlands. Mr. Torbert stated regardless of how they vote, the land in Lower Makefield will still be protected but by supporting this project, they will help to keep these wetlands from being contaminated.
Mrs. Godshalk stated she does not
want to commit
Mr. Fegley stated he feels
Mr. Stainthorpe stated they are
not agreeing to make a financial contribution and he feels this is an act of
cooperation with their neighbors. He
stated the quality of life in Yardley Borough effects
the quality of life in
Ms. Stark stated they did provide a draft of a letter which they are asking the Board to endorse.
Mr. Stainthorpe moved, Mrs. Godshalk seconded and it was unanimously carried to send the letter to Representative Steil in support of the concept based on the letter supplied by the Task Force.
DISCUSSION OF FORMING AN
Mr. Lou Tullio and Ms. Mirka Liberti were present. Mr. Fegley noted the letter from
Mr. Garton regarding this matter which was provided to the Board in their packet.
Ms. Liberti stated Bensalem, Falls,
Mr. Hackman asked how many people
serve on the Board on which Ms. Liberti serves, and
she stated there are seven, four of whom are disabled on the Middletown
Township ADA Board. The Board was formed
in 2000. Mr. Hackman
stated if they wanted to proceed with this, he feels they should first
advertise to see how many people in
Mrs. Godshalk moved and Mr. Stainthorpe seconded to advertise for volunteers who would be interested on serving on an ADA Advisory Committee.
Ms. Liz Harbison,
Motion carried unanimously.
Mr. Williams stated he and Mr. Coyne did look at the portion
Mr. Stainthorpe stated the road is
falling apart because of the truck traffic on the road that should not be
there. Mr. Fazzalore
asked for an estimate to put the road back in proper condition, and Mr.
Williams stated it would cost at least $1 million. Mr. Fedorchak asked if the condition of the
base and the roadway could be used as a basis to restrict truck traffic from
Mr. Fegley stated he would be in favor of taking back the road but not asking PennDOT to repair it up to the standards. The Township could then put it on their own road program and legally restrict truck traffic. Mrs. Godshalk stated she feels PennDOT should be asked to bring it up to standards first. Mr. Fegley stated if they ask PennDOT to bring it up to standards and they then do the repairs, it would then be available for truck traffic.
Mr. Stainthorpe moved and Mrs. Godshalk seconded to adopt the Resolution provided by the
Department of Transportation to take back
Mr. Hackman stated in the information he received he found that they are working off a traffic study that was done in 1999 so he feels that this study is out of date. He feels the mix of traffic has changed. He stated up until this point they have heard that you cannot restrict truck traffic, but now they have received a document that shows how this can be done.
Mr. Fazzalore noted the Resolution excludes the structures.
Mr. Dave Katz,
Ms. Janet Snider, Dawn Lane, asked by what percentage would the road degradation stop if the trucks stopped using it. Mr. Hackman stated the lanes being used by the loaded trucks are in much worse condition than those used by the unloaded trucks.
Mr. John Cowley,
Ms. Sue Herman thanked the Board for taking this step. She feels the other Townships will now have to take a closer look at what they are doing to their own residents and will then take steps to make the By-Pass the route to be used by the trucks.
Ms. Virginia Torbert,
already restricted. Ms. Torbert stated they will have to have enforcement so that the trucks do not use the roads.
Dr. Bruce Johnson,
Mr. John Shot, Yardley Run and a student at Medill Bair, stated he has traveled in a car on
Mr. Coyne stated PennDOT would like to give all the roads back to the Township. He
stated it will take three to four
years with available funds to do the repairs needed to
Mr. Bob Arnot,
Mr. Stainthorpe stated Congressman
Greenwood has put funds in next year’s appropriation to fix this culvert. He would suggest writing to him as well as
Representative Steil to push for State and Federal
money for this project. Ms. Herman
stated there are two TIP projects for
Mr. Craig Roth,
Mr. Hackman asked if Mr. Williams is qualified to do the study as outlined in the PennDOT information provided. Mr. Williams stated he personally is not qualified, but he will check to see if someone is at his firm. Mr. Hackman stated if they are not certified, they will have to go back to PennDOT to have them do it. Mr. Fegley stated possibly they could hire someone else.
Mrs. Godshalk stated when this goes through, she feels the other Townships will look at this in a different way and will possibly work together to get this traffic where it truly belongs.
Motion to approve carried unanimously.
The meeting was turned over to Mrs. Godshalk at this time.
GOLF COURSE DISCUSSION AND APPROVAL OF NAME FOR THE GOLF COURSE
Mr. Frank Draper, Mr. Jamie McWilliams, Mr. Craig Jones, Mr. Richard Eisner, and
Mr. Mark Adami all members of the Golf Course Committee were present. Mr. Draper stated the Golf Committee is ready to assist and support the Township in the construction of the Golf Course. He stated the Groundbreaking will be held on Friday, and they have received commitments from a number of people as well as the media.
The list of possible names for the Golf Course was provided
to the Board of Supervisors in their packet.
Mr. McWilliams stated he feels it is important to have a name that will
market the Course to outside play. Mr.
Fazzalore stated he will not vote in favor of
anything that does not have “Makefield” in the
name. Mr. Draper stated if you go across
the River into
There was discussion whether they should include the word “Club” in the name; and
Mr. Eisner stated since they wanted to be sanctioned by the USGA, they need to be a Club. It does not mean that it is a private country club.
Mr. Hackman moved and Mr. Fazzalore seconded to name the Course Makefield Highlands Golf Club. Motion carried with Mr. Fegley abstained.
DISCUSSION AND APPROVAL OF HAVING THE GOLF COMMITTEE RESEARCH THE PROS AND CONS OF A GOLF COURSE MANAGEMENT COMPANY VERSUS THE TOWNSHIP DIRECTLY MANAGING THE FACILITY
Mr. Draper stated the Golf Committee would like the Township to explore the pros and cons of a Golf Course Management Company versus the Township directly managing the facility. Mr. Draper stated they would like to get this down to a few management companies and then have them make their presentation to the Board of Supervisors.
He stated they would consider the pros and cons of having a management company versus the Township managing the Course and the Board of Supervisors would then make the final decision.
Mr. Stainthorpe moved and Mr. Fazzalore seconded to have the Golf Committee research the pros and cons of a Golf Course Management company versus the Township directly managing the facility. Motion carried with Mr. Fegley abstained.
Mrs. Godshalk stated she does not feel they should indicate to the companies that they are only looking to have a management company for the first few years, since then people may not apply. Mr. Draper stated this would be a contractual arrangement.
DISCUSSION ON THE EXTENT OF THE GOLF COMMITTEE’S ROLE IN DIRECTING THE ACTUAL CONSTRUCTION OF THE GOLF COURSE
Mr. Draper stated the Golf Committee has not requested directing the actual construction of the Golf Course. He stated what they are proposing is to have at least one of their members meet with Rick Jacobsen and Scott Arterburn when they come out to the site. They would like to visit with them to obtain insights and information and then give this information back to the Golf Committee and the Board of Supervisors so there is an open line of communication regarding changes or directions that may impact the Golf Course.
Mr. Fazzalore stated he feels they should meet at least every thirty days to get an update. Mr. Stainthorpe stated he feels as many members as want to have an update should attend.
Mr. McWilliams stated he is working on a Golf Course project, and they welcome this input from the people they are working with. Mr. Draper stated they want one point of contact so there is concise feedback and updates to everyone in the Township.
Mr. Hackman stated Mr. Arterburn plans to give updates every two weeks.
Mr. Pat Frame, 16
Ms. Virginia Torbert asked about the Board of View. Mr. Garton stated they had the first Hearing two weeks ago and the next will be the first week in December.
The meeting was turned back over to Mr. Fegley.
APPROVAL OF TRANSFER OF BANKING RELATIONSHIP TO SOVEREIGN BANK
Mr. Taylor stated he would like the Board to approve moving
their funds from First Union to Sovereign Bank.
He stated they contacted every bank which has a branch in
Mr. Fazzalore noted there is a significant amount of work involved in making these transfers.
Mr. Taylor stated he is interested in getting this resolved this evening since the money from the borrowings needs to be put into an account.
Mr. Hackman moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the transfer of banking relationships to Sovereign Bank.
APPROVE DIRECTING TOWNSHIP SOLICITOR TO ENTER AN EQUITY ACTION AGAINST SCOTT & CHERYL GALLAGHER
Mr. Garton stated there is a failing system and the homeowners have refused to connect to the sanitary system.
Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to direct
the Township Solicitor to enter an equity action against Scott & Cheryl
Mr. Edward Murphy, attorney, and Mr. Bill Briegel, engineer, were present. Mr. Garton stated the Planning Commission has recommended approval.
Mr. Stainthorpe moved and Mr. Fazzalore seconded to approve the Afton Crest Lot Line Change, Preliminary/Final Plan subject to:
1) Compliance with prior conditions;
2) Compliance with the PCS letter dated
3) Deeds and consolidations to be recorded;
4) All expenses to be paid to the extend not paid.
Mr. Murphy agreed to the Conditions of Approval, and the Motion carried unanimously.
APPROVE EXTENSION OF TIME FOR FIELDSTONE AT YARDLEY
Mr. Stainthorpe moved, Mr. Fazzalore seconded and it was unanimously carried to
approve an extension of time for Fieldstone at Yardley to
DENY REQUESTS FOR DEDICATION FOR ESTATES AT PEBBLE CREEK, VALLEY GREEN, ROLLING GREEN, AND PEAKE FARM
Mr. Stainthorpe moved, Mr. Hackman seconded and it was unanimously carried to deny request for Dedication for Estates at Pebble Creek due to outstanding items in the PCS letter dated 10/24/02, for Valley Green based on outstanding items in the CKS letter dated 10/30/02 and the PCS letter dated 10/31/02 and because not all lots have a Final Certificate of Occupancy, for Rolling Green based on outstanding issues in the PCS letter dated 10/31/02, and for Peake Farm based on outstanding issues in the PCS letter dated 10/31/02.
SIGN MYLARS FOR D’AMATO
Mylars were signed following the meeting.
APPROVE RANKING OF CANDIDATES FOR THE POSITION OF POLICE DETECTIVE
Chief Coluzzi stated they are planning for the future when some retirements will occur. Testing has been done and they are requesting approval of the ranking of candidates for the position of Police Detective according to the list provided to the Supervisors.
Mr. Fazzalore asked if someone will be promoted to Detective prior to any retirements. Chief Coluzzi stated if there is the retirement of a Sergeant, a Detective is on top of the list for Sergeant and they will then go to this list for the replacement Detective. No new position is being created. At this time the Board is only being asked to approve the list.
Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the list as outlined by the Chief:
1. Officer Brian Omlor
2. Officer Steven Melchiore
3. Officer Brian Golder
4. Officer Jason Braim.
The list will remain active until
APPROVAL OF STREET SWEEPING CONTRACT WITH PENNDOT
Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve the Street Sweeping Contract with PennDOT.
Mr. Stainthorpe moved, Mr. Hackman seconded and it was unanimously carried to
re-appoint Florence White to the Historic Committee and Grace Godshalk to the Elm Lowne Committee.
There being no further business, Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to adjourn the meeting at
Wes Hackman, Secretary