BOARD OF SUPERVISORS
The regular meeting of the Board of Supervisors of the
Board of Supervisors: Scott Fegley, Chairman
Grace Godshalk, Vice Chairman
Wes Hackman, Secretary/Treasurer
Frank Fazzalore, Supervisor
Pete Stainthorpe, Supervisor
Jeffrey Garton, Township Solicitor
Robert Williams, Township Engineer
Kenneth Coluzzi, Chief of Police
Mr. Manfred Radman,
Mr. Fedorchak stated in the area of enforcement, Chief Coluzzi has been working closely with the Newtown Township Police Chief and is engaged in a joint enforcement program.
Since Tuesday, September 24, the Lower Makefield
Township Police Department has issued 34 speeding violation tickets, 23
warnings, 20 truck violations, and 37 trucks were stopped and investigated
within a two-week period.
Mr. Manfred asked if there is any way that they can limit the time that the trucks can drive on the road, and it was noted they cannot. Mr. Radman asked about involving the State Government. Mr. Fegley stated Constitutionally they cannot prohibit truck traffic on the road although they might be able to reduce the speed and put up more signs. Mr. Fegley stated this would still require continued enforcement. He stated the Police Department will continue with this effort but they cannot have Police cars there twenty-four hours a day, seven days a week. Chief Coluzzi stated there is ongoing legislation to give local Police the ability to use radar. He stated the citizens could write their State Representatives and Congress asking that the local Police be given the authority to use radar.
Mrs. Godshalk stated at the last
meeting when this was discussed, she advised the Township Manager that there
are areas where trucks are not permitted to travel except for local deliveries,
and she felt when they make the decision to take over
Ms. Mary Codd,
Mr. Joseph Gervasa, 373
Mr. Chris Zelesnick,
Mr. Radman asked what prevents the
Board of Supervisors from putting in additional traffic lights. Mr. Williams stated this is a State road and
they have to meet certain warrants. Mr. Fazzalore stated when they put in the traffic light at
Ms. Doris Burness,
Ms. Nancy Lewis, 2008 Trailbridge, stated she previously asked if they could do something about signage for the bus stop at Trailbridge since it is on a hill. Chief Coluzzi stated they have talked to the School Board about this, as well as about moving the location of the bus stop which would be a better solution. If they will not move it, they will continue to work on better signage.
Mr. Chuck Snider stated his home backs up to
Ms. Sue Herman stated the By-Pass is the safest road in the
region and the Township should be encouraging all the trucks to take that
route. She encouraged the Lower Makefield Board of Supervisors to contact the truck
companies and encourage them to use the By-Pass. She stated both culverts need to be replaced
Mr. Fegley moved to notify PennDOT that
Mr. Fedorchak stated he will be meeting on Wednesday with PennDOT officials to discuss this matter and will report back to the Board of Supervisors.
Ms. Claudia Fontaine, Dawn Lane, stated she represents
Mr. Bob Burness,
Mrs. Godshalk stated the other
Townships refuse to meet with
Mr. Zelesnick asked that the Lower Makefield Township Board of Supervisors attend the meeting of the Newtown Township Board of Supervisors on Wednesday night with the residents. Mr. Stainthorpe and Mrs. Godshalk agreed to attend.
Ms. Irene Koehler stated there were three deaths from construction trucks in 1983 and the Lindenhurst Homeowners Association has been fighting this issue since then.
Mr. Fazzalore stated he is
involved with the
TABLING OF MINUTES
Mr. Hackman moved, Mrs. Godshalk seconded and it was unanimously carried to table
the Minutes of
PRESENTATION AND ACCEPTANCE OF DONATION FOR 9-11 MEMORIAL BY ROSEFIELD NEIGHBORHOOD
Ms. Marla Birch was present with Braden Dalton, Devan Birch, Peyton Birch, Steve Sroba and Prateek Gangopadhyay from the Rosefield neighborhood who made a presentation including a monetary gift toward construction of the 9-11 Memorial.
AUTHORIZE GOING TO BID FOR COMMUNITY POOL RENOVATIONS
Mr. Ted Wallover was present to discuss removal and replacement of the existing fountain in the tot pool, the zero depth entry ramp for handicap access, the bathhouse renovations, and the replastering of the lap pool. Drawings of the various options for the ramp were shown. Gutter renovations will also be needed. Mr. Hackman stated he feels the steps should be maintained on the right hand side of the Pool since this is where most of the people sit. Mr. Sharp stated if they put the steps on the other side it could help avoid congestion. He added many people do not use the steps and simply jump into the pool. Mr. Wallover stated they are looking into putting in the steps on the opposite side of the pool from the ramp. The budget did not include another set of steps but since other items will come in lower, they could include additional steps. Mr. Sharp stated what is proposed will not compromise the fifty meter pool as it relates to its use for competition.
Mr. Wallover showed drawings of the proposed feature for the tot pool. This can also be utilized in the future if there are further renovations to this pool. While $25,000 has been budgeted for this item, it should cost only between $5,000 and $6,000. These additional funds could be used to offset additional costs for the ramp.
Mr. Wallover stated a major concern noted in the feasibility study was with regard to the bathhouse. Concept designs for the bathhouse were shown. They are proposing tile floor and wall tile. Plywood doors will be replaced with recycled plastic doors which will be easy to maintain. Mrs. Godshalk asked about the use of tile since there is no heat.
Mr. Wallover stated the new tiles are well suited for cold environments. Mrs. Godshalk suggested the use of dark grout.
Mr. Wallover stated they anticipate that all renovations will be completed prior to next season. Some items will be included in this year’s budget and some will be in the 2003 budget. Funds are available in the Pool Budget for these projects.
Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to authorize going out to bid for the projects.
DISCUSSION AND TABLING OF TOWERING OAKS/FARMLAND PRESERVATION
Mr. Merrick Wilson was not present to discuss this matter. Mr. Hackman moved,
Mrs. Godshalk seconded and it was unanimously carried to table.
Mr. Nicholas Chicolingo,
Mr. Fegley stated the project is moving forward and they approved a Resolution which requires the Township to provide a sewer and water easement so that he can proceed with the development of the property. Where the easement is to be placed has not yet been decided. Mr. Fedorchak stated there are viable alternatives to going across the Farmland Preservation tract although these alternatives will result in a substantial increase in the cost to the Township. The Farmland Preservation Corporation has indicated they are not willing to grant the easement through their property even though there is a Court Order mandating that the Township provide the easement. Mr. Stainthorpe stated there is a meeting of the Farmland Preservation Corporation tomorrow evening when this matter will be addressed.
Mr. Bob Shelly from the Farmland Preservation Corporation was present and stated the farmer who farms this property offered two alternatives which they do not feel will add to the cost to the Township. This was to be discussed with the Township engineer but they have heard nothing. Mr. Stainthorpe stated Mr. Williams will be attending the Farmland Preservation Corporation meeting tomorrow evening to discuss this. He stated he feels the issue will be resolved tomorrow evening.
Mr. Garton stated Mr. Wilson still has to sign the Development Agreement and post the necessary funds in order to proceed with the development.
DISCUSSION OF MASSETTI PROPERTY FEES
Mr. Garton stated this relates to
the Minehart Subdivision and a Note which was placed
on the Plan that any further subdivision would be consider a Major Subdivision
which would require improvements to the frontages. Mr. Massetti
indicated he was not aware of this Note and feels it would result in a
significant financial burden. Mr. Minehart has
written a letter indicating he would be pay for the frontage improvements on
Mr. Gerald Hershenson, attorney, was present and stated he feels there should be a new agreement signed by all parties. Once this is done, Mr. Massetti and Mr. Minehart can come before the Board of Supervisors to discuss an abatement of some of the costs. Mr. Hershenson stated the Note indicates that whoever develops first is responsible for the improvements for both lots. He noted Mr. Massetti owns eleven acres and Mr. Minehart has more than twenty acres, and the Note is therefore unfair to Mr. Massetti. Mr. Hershenson stated he would like approval from the Township to proceed with an Agreement to be signed by the Township, Mr. Massetti, and Mr. Minehart giving the Township the right to impose what they feel is a fair assessment against each individual lot. Mr. Hershenson stated Mr. Minehart stated he was unaware of the Note on the Plan and also feels it is unfair.
Mr. Fazzalore asked if this would overturn a previous Agreement. Mr. Garton stated while it is not an Agreement, the Ordinance does not permit a succession of Minor Subdivisions and this is the normal Note that is put on Minor Subdivision Plans. He stated now they are asking if Mr. Massetti subdivides that he be required to pay only for his frontage and that if Mr. Minehart subdivides that he would pay only for his frontage. Mrs. Godshalk stated this is in direct opposition to what is normally done and she feels this is setting a dangerous precedent. She stated if Mr. Minehart never develops his portion, the road would never be finished. Mrs. Godshalk stated she feels this should have been considered at the time of the first Subdivision by Mr. Minehart.
Mr. Massetti asked if they take into consideration the large development constructed across the street and property that was taken from his property for improvements.
Mr. Hackman stated whenever development occurs, the developer is required to make road improvements. In the case of a Minor Subdivision, the Township allows them to put off these improvements until something further is done with the tract. He stated if they did not have this policy, the money for the improvements would have been paid when
Mr. Minehart subdivided the property. Mr. Hackman stated in this instance, Mr. Massetti is the individual who wants to further subdivide and it is now time to do the road improvements or pay for the improvements which were done. He stated this is how the Township has operated for over thirty years.
Mr. Hershenson stated he is proposing to give the Township the right to assess the cost and impose the costs on the individual lot owners. They would then come before the Board of Supervisors at a later time once there is a Subdivision proposed. Mrs. Godshalk stated this is the same problem they encountered in the Maplevale development. She is concerned that this is in violation of the Ordinance. She stated this is what Mr. Massetti agreed to when he purchased the property and the Note was shown on the Plan. Mr. Hershenson stated while this may be true, Mr. Massetti was not aware of this Note and it was first called to his attention after he executed an Agreement of Sale and the developer investigated the possibility of Subdivision. At that time everything was put on hold until the costs could be assessed. Mr. Hershenson stated he feels Mr. Minehart was probably not fully aware of this item. Mr. Hackman stated at the public meetings when the Plan was approved, the Township Solicitor went through all the restrictions and conditions of Approval. This occurred at both the Planning Commission and the Board of Supervisors’ meetings. Mr. Garton stated every Minor Subdivision includes this Note on the Plan.
Mr. Minehart stated when he sold the property to Mr. Massetti he wanted to sell everything on Lindenhurst Road. Mr. Massetti was going to build his home on this property but did not do so. He stated when the Township first approached him about the sewer project, he was concerned because of the impact on his property, but the Township convinced him his property would be more valuable and he gave the property to the Township. He stated Mr. Massetti also gave land to the Township. He feels they did a favor to the Township and he asked if the Township would not consider their request that Mr. Massetti pay for his frontage improvements, and Mr. Minehart would pay for his frontage improvements. He stated he was told by a land planner that he could put eight lots on his property but now he is being told that he may not be able to get this many because of the number of trees on his property. He stated he has also tried to keep his property available for an expansion to the Park even though he has been approached by developers. Mr. Minehart stated he also spent a significant amount of money for the first Subdivision and did not see the Note regarding further subdivision until it came up at the time of the sale with Mr. Massetti.
Mr. Fegley stated as long as the Township at some point, from somebody, gets the assessment they are due, he does not see how they are harmed by dividing the cost between Mr. Massetti and Mr. Minehart.
Mr. Hershenson stated there was an Agreement of Sale to an individual who was interested in subdividing the Massetti property into three lots and this is when the issue was raised.
Mr. Fegley noted if the Agreement of Sale is from Mr. Massetti to another individual, the Conditions would pass to the next person who is doing the actual subdividing.
Mrs. Godshalk stated as soon as
the third lot is developed, the road improvements are to be done. The Township is not getting any guarantee
that the road improvements will be done if they proceed with the requests being
made tonight. She stated they have
already made an Agreement with the Township which she feels should be
followed. Mr. Minehart
stated no improvements will be made to the road because the road improvements
have already been done. Mr. Hackman stated the Township deserves to be reimbursed for
their expense. He stated when property in this area was developed, the Township
felt it did not make sense to do only a portion of the road and the Township
therefore paid for the improvements on the
A majority of the Board was not willing to change the letter of the law and no action was taken.
Mr. Hershenson stated at the last Board meeting he felt the Township was concerned that they did not want to waive any of their rights and as a result he thought he was addressing the problem by contacting Mr. Minehart to obtain his agreement to be responsible for the charges for his frontage along Woodside Road. He stated he was not looking to circumvent the Township process.
APPROVAL TO CONSOLIDATE EDGEWOOD ROAD PROPERTY
Mr. Hackman stated the Township had to pay $60,000 in School taxes for Township property including farmland, open space, detention basins, etc. He stated they need to get these properties off the tax rolls. Mr. Garton stated what is being discussed this evening is only for the Township property on the side of Edgewood Road where the Township Building is located and does not include the property across the street. Mr. Garton stated all parcels are taxed unless they are considered as Municipal use.
Mr. Hackman moved, Mr. Stainthorpe seconded and it was unanimously carried to consolidate all Township properties on Edgewood Road which are contiguous to the Township Building.
Mr. Hackman asked that the Township Solicitor do this as well for the properties across the street from the Municipal Building.
DISCUSSION OF NEW PHASE II NPDES RULES AND COMPREHENSIVE
STORM WATER MANAGEMENT PROGRAM
Mr. Williams reviewed the new rules involving controlling pollutants entering the waterways. He stated they have much of the information needed because of the detention basin work which was done but additional work will be needed including mapping and stream monitoring. They will need to file for a permit by March.
DENY REQUEST FOR DEDICATION OF STEWART’S FIELD
Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to deny the request for Dedication of Stewart’s Field due to outstanding issues as noted in the PCS and CKS letters.
APPROVAL OF EXTENSION FOR METZ TRACT
Mr. Stainthorpe moved, Mrs. Godshalk seconded and it was unanimously carried to approve
the extension for the Metz Tract Preliminary Plan until
SIGNING OF MYLARS FOR MISKIEL-DARRAH SUBDIVISION, TIRES PLUS, AND HILLWOOD TERRACE LOT LINE CHANGE
Mylars were signed following the meeting.
APPROVE APPOINTMENT OF CHESAPEAKE ENVIRONMENTAL TO PERFORM PRECONSTRUCTION ENVIRONMENTAL MONITORING FOR THE GOLF COURSE
Mr. Fazzalore stated he felt one of the prior firms hired to monitor the Golf Course were environmental engineers. Mr. Fedorchak stated RBA did have an environmental specialist, but this was not in their original contract. Mr. Stainthorpe noted the discrepancy in the bid between Chesapeake Environmental, the low bidder, and Skelly & Loy and asked if Skelly & Loy was including something additional which increased their cost so significantly. Mr. Taylor stated Skelly & Loy does not really have this type of experience. Chesapeake Environmental has extensive experience in this area and they came back with a significantly lower price.
Mrs. Godshalk moved and Mr. Hackman seconded to appoint Chesapeake Environmental to perform preconstruction environmental monitoring for the Golf Course in the amount of $14,500.
Ms. Virginia Torbert asked what
they will monitor, and Mr. Taylor stated they will do baseline monitoring of
the streams and then follow up monitoring.
Mr. Williams stated if there is other construction in the watershed that
occurs after the baseline and after construction of the Golf Course,
it will be hard to pinpoint who caused any problems. Mrs. Godshalk
stated there will be development in
Mr. Fegley stated the EAC should be involved in this to identify the monitoring stations and to review the baseline data. While it was noted that the monitoring will take place fairly quickly and there may not be time to involve the EAC in picking the monitoring stations, it was agreed that the baseline data would be provided to the EAC.
Mr. Fazzalore stated he is concerned that they are now up to $16 million and he is not sure how much higher they can go. Mr. Taylor stated this was included in the original Budget.
Motion carried with Mr. Fegley abstained.
ZONING HEARING BOARD
The Stuart and Renee Egan,
Mr. Fegley stated they hope to have the draft of the Newsletter delivered shortly and if there is something that should be added, Mr. Fegley should be advised as soon as possible.
Mrs. Godshalk stated there was a very successful fundraising held for Elm Lowne and the funds will go toward the preservation of the house. Other Board members noted that the Board of Supervisors approves all expenditures for Township property.
Mr. Hackman stated the contractor for the Golf Course has been given the okay to proceed and equipment should be arriving at the site any day.
Mr. Fazzalore noted the event to be held at the Rescue Squad tomorrow evening to which the Board has been invited.
Mr. Stainthorpe stated the Planning Commission’s Citizen Questionnaires for the Master Plan Update have been received and there was a very good return rate. The results are now being tabulated.
APPROVAL OF 2002 CONSORTIUM SALT BIDS
Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve the 2002 Consortium Salt Bids.
APPROVAL OF EQUIPMENT RENTAL AND TREE TRIMMING BIDS
Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve the Equipment Rental and Tree Trimming Bids.
AUTHORIZATION TO ADVERTISE BUDGET MEETINGS
Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to
authorize advertisement of Budget Meetings to be held
APPOINTMENTS TO BOARDS AND COMMITTEES
Mr. Stainthorpe moved, Mr. Fazzalore seconded and it was unanimously carried to approve the following re-appointments:
Joseph Weiss - Cable TV
Janet Smith - Elm Lowne Committee
Norma Wood - Elm Lowne Committee
Rich Eisner - Golf Committee
Frank Draper - Golf Committee
David Fritchey - Park & Recreation Board
Richard Gawk - Sewer Authority
Mrs. Godshalk moved, Mr. Fazzalore seconded and it was unanimously carried to appoint Tim Fairlie to the Environmental Advisory Council.
There being no further business, Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to adjourn the meeting at
Wes Hackman, Secretary