The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on December 1, 2003.  Vice Chairman Hackman called the meeting to order at 7:30 p.m. noting that the Board had been meeting in Executive Session since 6:15 p.m. to interview candidates for Board vacancies and to discuss legal matters.


Those present:


Board of Supervisors:               Wes Hackman, Vice Chairman

                                                Frank Fazzalore, Secretary/Treasurer

                                                Scott Fegley, Supervisor

                                                Pete Stainthorpe, Supervisor


Others:                                     Terry Fedorchak, Township Manager

                                                John Koopman, Township Solicitor

                                                Robert Williams, Township Engineer

                                                Kenneth Coluzzi, Chief of Police


Absent:                         Grace Godshalk, Chairman, Board of Supervisors





Ms. Sue Herman stated she understands that the Lower Makefield Board of Supervisors will be present at a meeting with other area Township representatives and State representatives to discuss traffic issues in the region.  She stated at the State Transportation Hearing they did see the “By Pass the By-Pass Video” and are aware of the situation.  She asked that the Board of Supervisors revisit the turnback of Lindenhurst at that meeting.

She reminded the Supervisors of some of the safety concerns regarding Lindenhurst Road.

She stated the Swamp Road rehabilitation project was accepted in the TIP program, but the traffic calming measures that Lower Makefield recommended were not approved.


Mr. Bob Wittenberg, Rivergate, stated a number of concerned Rivergate residents are present tonight and are concerned about the use of Macclesfield Park for tournaments which are becoming more frequent and involve large numbers of people.  He stated they are concerned with the impact this is having on their neighborhood.  Mr. Fazzalore stated he did receive a call from Mrs. Wittenberg, and he is concerned with some of the things she was telling him took place in the Cemetery where people were climbing the fence and urinating.  He was also advised about parking in the Rivergate neighborhood and asked Chief Coluzzi if they could put up temporary “no parking” signs in Rivergate when these events take place.  Chief Coluzzi stated this has been done in the past.   Mr. Wittenberg stated Rivergate residents were unable to park in their own neighborhood yesterday.  He stated the Police Department was not advised of the Tournament.  He stated YMS is out of control.  Chief Coluzzi stated they were advised of the Tournament, but it was late notice.  When the Police Department received complaint calls, they did go out and issue several citations.  Mr. Fazzalore stated Mrs. Wittenberg stated this was a non-permitted Tournament, and he asked Ms. Liney if this was correct.  Ms. Liney stated they were made aware of it at the last minute.  She stated YMS has assured them that they will take steps in the future to eliminate these problems.


December 1, 2003                                                          Board of Supervisors - page 2 of 19


Mr. Ralph Clear, Rivergate, stated he spoke to Ms. Liney after the Columbus Day Tournament, and she advised him that the Police Department was advised of that Tournament but there was not going to be any posting of the neighborhoods since it is not illegal to park on the public street.  He stated the neighbors are concerned about the speed that the traffic is traveling and the number of people coming into their neighborhood.  He stated he is a supporter of YMS but feels they should recognize that the residents are being effected and there is a safety concern.  Mr. Hackman asked if they could not put up temporary “no parking” signs.  Chief Coluzzi stated they could do this but this could result in problems if one of the neighbors is hosting a party and they would not know who is there for soccer and who is living there or visiting the neighborhood.   He stated they need to get a better handle when they have these events, have better supervision of the event, and provide sufficient parking.  Mr. Hackman asked if it is possible to have parking by permit only.  Chief Coluzzi stated this is a decision that the Board would have to make. 

Mr. Fazzalore stated there is a gatehouse at the entrance to Rivergate and asked if they could not put someone in the gatehouse.


Mr. Nick Hayes stated he is on the Board of YMS.  He stated the problem is the fact that there is not enough parking for the special events.  He asked that they consider how they can open up special event parking in the Park for these days.  He stated the taxpayers do pay for all the roads and do have the right to park.  He does think it is inappropriate for people to be climbing over the Cemetery fence.  He stated they did send out a letter advising people what they should and should not do at the Tournament.  They also put on a bus to transport people from the Park & Ride to the Park hoping to try to avoid this problem. 


Mr. Fegley asked why they had a Tournament that the Township did not find out about until the last minute.  He stated the Township should have been the first to know.  He stated normally YMS is very good about advising the Township about what is going on.


Mr. Leo Gray, Rivergate, stated he feels the Event was probably too large for the Park.


Mr. Paul Kenman stated during normal events there is insufficient parking at Macclesfield Park.  Mr. Hackman stated there is a problem with game times overlapping.


Ms. Sally Conlon asked if it is known how much the Golf Course property will cost, and Mr. Hackman stated this matter is still in review in the Courts.


Mr. Jim Tragone, YMS, stated he has been listening to Rivergate residents for many years.  He stated he has been to Tournaments all over the County, and in other areas they do open up additional parking. He stated there are 12’ parking stalls at Macclesfield Park and stated if these could be made narrower, it would result in an additional 80 to 100 parking spaces in the Park.  He stated this Tournament was to be held at Fort Dix but they canceled at the last minute. YMS volunteered to hold the Tournament.  He stated he feels Rivergate should be made a gated community, and the Rivergate residents should pay for a parking guard.  He stated they have installed a berm and fences.  He stated there are 2000 children involved in YMS and there are only 60 homes in Rivergate.   Mr. Williams stated they have reduced the width of parking stalls to 10’ in other areas.   Mr. Fegley stated regardless of the number of residents in Rivergate, it is their home.


Mr. Ron Smith, YMS, stated they did go out of their way to make sure that Rivergate would not be impacted, and they did run a shuttle.  He stated they are only hearing from some of the Rivergate residents.  He noted that  after the Columbus Day Tournament,  they

December 1, 2003                                                          Board of Supervisors - page 3 of 19



received numerous e-mails thanking them for having this Tournament.  He stated as a result of this latest Tournament 60 local children will now be eligible for scholarships.  Mr. Smith stated they have numerous people who always say that they do not need another Macclesfield Park, but they do not have enough facilities in the Township.  He stated 20% of their teams have to utilize fields outside of the Township for their home games each weekend.  He stated if you visit Rivergate today, you would find that Macclesfield Park was left cleaner than they found it on Friday.   Mr. Smith stated despite giving notice to people about where they should or should not park, there are still people who will not follow the rules. He stated the Police were on hand ticketing cars for parking on the grass, and this is what the Police should have done.  He stated they must have enforcement of the rules in effect, and he feels the problems will then subside.


Mr. Tom Stevenson, 903 Slate Hill Road, stated his home borders the Park and on Saturday afternoon his daughter saw a boy urinating in their rear yard. He has seen an official urinating in this location as well.  He has also witnessed a coach tell the girls to go to the bathroom in the woods adjacent to his home.   He stated the situation has gotten progressively worse. He feels the Tournaments have gotten out of hand.  He presented pictures of trash along the fence line.  He stated YMS did send someone along the fence line who made a half-hearted effort to pick up the trash.





Mr. Fegley moved,  Mr. Stainthorpe seconded and it was unanimously carried to approve the Minutes of November 17, 2003 as corrected.


Mr. Fazzalore moved and Mr. Stainthorpe seconded to approve the Minutes of the November 10, 2003 Budget Work Session as written.  Motion carried with Mr. Fegley abstained.





Mr. Joseph Taylor,  Mr. Marc Brookman, and Mr. Russell Tepper, were present.

Mr. Brookman stated since they last appeared before the Board of Supervisors, there have been numerous meetings held with the other party involved in the lawsuit although they were unable to arrive at a consensus.  He stated decisions were rendered in the Court of Common Pleas supporting the decision of the Board of Supervisors.  This was appealed to the Commonwealth Court, and briefs were recently filed.  They are awaiting the Court’s decision.  He stated they are aware of what is going on in the Township by reading the newspapers which they assume are accurate.  They have read that there is a desire for some type of development other than what has been approved which would be a combination of commercial and residential development.  Based upon what they read, they wanted to get the Board’s reaction to see if they would be in favor of a different type of plan which would be comprised of residential development, some of which would be age-restricted and some of which would not.  It would also have a retail component along Oxford Valley Road - that part between Big Oak Road going toward Route 1 By-Pass in the area that is currently approved for retail.  It would change the focus of the site if they could reach some type of compromise settlement among all the parties of the litigation to evolve a plan that shifts the focus from commercial to residential. They would like direction from the Board

December 1, 2003                                                          Board of Supervisors - page 4 of 19



as to the process that would enable the parties to the lawsuit to form a Committee and consider alternatives.  Once they reach a consensus, they would bring this back to the Board for their consideration. 


Mr. Hackman stated it appears that the retail portion would be very small.  Mr. Tepper stated the land that would be retail would be the land that shows small retail establishments on the current plan.  It would be the area between the gas station and the existing white house.  Mr. Koopman stated it appears the retail would be fronting on Oxford Valley Road.  Mr. Tepper stated it would have access from both streets.


Mr. Fazzalore stated he feels they need to present a plan of what they would like to have before the Board can make a decision. 


Mr. Stainthorpe stated the four Board members present took a considerable amount of “heat” doing what they felt legally was the right thing to do.  He stated now they are coming in indicating that they want to change the plan.  He stated he does not have a problem with them eliminating the retail, but noted the Township needs ratables.  He stated they do not need more housing which will add to the School population.  He stated he would prefer that the office buildings remain, although he would keep an open mind.


Mr. Fegley stated RAM’s main objection was with the Big Box retail, and but for the Big Box retail, there would not have been a problem.  He stated he would consider looking at anything that eliminates the Big Box retail; however, he is not in favor of getting rid of the entire office development to the north because the Township does need ratables.  He stated if the Commercial area is changed to residential, there may be claims made that there is not enough commercial space; and someone could file a curative amendment to change the open areas of the Township to commercial which would result in simply moving the problem to a different part of the Township.


Mr. Taylor stated he agrees that the Board of Supervisors did what they were required to do; but now they are in the middle of litigation, and he would like to explore alternatives as a way to help the Township. He stated they would ask that the Board designate one or two of their members to serve on a Committee to see if there is some middle ground.  He stated they do not have a plan or proposal at this time; but in the interest of settling the litigation, they would be willing to take part in a dialog. 


Mr. Fegley stated he would be willing to participate in a dialog; but when they mention a dramatic shift from a commercial emphasis to a residential emphasis, he is concerned that this will create a problem in some other part of the Township. 


Mr. Stainthorpe asked what they have in mind in terms of residential. Mr. Taylor stated in preliminary discussions with RAM, they indicated that they would like to see some amenities, all of which cost money.  Mr. Stainthorpe stated he would be more in favor of Age-Restricted Housing because it does not put more children in the schools.  If they go with regular residential it does create problems for the Township.


Mr. Fazzalore stated there were commitments made by the applicant in the Agreement with regard to road improvements that totaled approximately $4 million, and these commitments would remain even if there is a change.  Mr. Taylor stated their commitment to the Board of Supervisors was up front in that they would fix the existing problems and the anticipated problems.  He stated they are aware of all the commitments they made. 

December 1, 2003                                                          Board of Supervisors - page 5 of 19



Mr. Taylor stated he would like to see a small Committee formed to consist of representatives of the Board of Supervisors, the Township’s attorney, and a small committee from RAM.  Mr. Stainthorpe stated they could only have two Supervisors serve. 


Mr. Hackman stated they are currently involved in a lawsuit the parties to which include Matrix, RAM, and the Township.  Mr. Brookman stated there is also one individual -

Dana Weyrick. Mr. Koopman stated if the Board of Supervisors appoints not more than two members, this should not be a problem if they wish to meet with a limited number of people in a Committee forum to explore the possibilities of an alternative plan for the site.  Mr. Koopman stated Ms. Weyrick should be a member of the Committee or should appoint someone to act on her behalf.  Mr. Brookman stated once this Committee meets, and if they can reach a consensus, they would then bring this back to the Board of Supervisors for their consideration at a public meeting.  Mr. Hackman stated he read in the newspaper that Matrix met with RAM a number of times but these discussions went nowhere.  Mr. Taylor stated these discussions did not reach anything definitive, but they are willing to try to discuss this again.  Mr. Hackman stated whatever happens, it must happen within the framework of the MPC and the Zoning Code.  He stated in the Zoning District where the property is located, the only use that is not permitted by right is residential use.  If this Committee decides they want to include residential, the next thing that must happen is Matrix must come to the Board of Supervisors requesting a change in Zoning to match the use they are suggesting.  He stated this would not happen unless all parties agreed that they were going to drop the lawsuits.  Mr. Brookman stated as part of the process, they may want to consider keeping the Zoning as is for purposes of protection.


Mr. Stainthorpe moved and Mr. Fegley seconded to engage in discussions with members of RAM, Matrix, and Dana Weyrick and appoint Mr. Fazzalore and Mr. Fegley to represent the Board of Supervisors.  The Township Solicitor should also participate. 


Mr. Gary Cruzan, President of RAM, stated they would welcome working with

Mr. Taylor.  He stated they did have some productive discussions which had stopped. 

He stated they also suggested this process last March.  Mr. Cruzan stated they would be willing to limit it to two of their members who would be Tony Bush and himself, as well as

Ms. Weyrick as an individual, depending on her availability. 


Mr. Steve Santarsiero stated he is in a unique position as he was previously Chairman of RAM and participated in the prior discussions with Matrix and is now a Supervisor Elect.  He stated the issue is whether or not they should go forward to see if there is an opportunity to reach a consensus.  He stated because of his past experience, he would like to serve on the Committee.  Mr. Stainthorpe stated he feels his previous position as Chairman of RAM disqualifies him.  Mr. Santarsiero stated he knows what has taken place in the past more than any other Supervisor.  He stated he feels he can listen in an unbiased way.  He stated this was an important issue for many people who cast their ballot in November. 


Ms. Maureen Palehaty stated she does not understand how they can purchase commercial land and then not be permitted to build on it in that way. She stated while traffic is an issue, she is waiting in traffic while Middletown and Falls collect ratables.  She is very concerned about residential development in this area which will add children to the Schools and the impact this will have on taxes.  She stated they must remember that many people in the Township support the Board of Supervisors in trying to get ratables.


December 1, 2003                                                          Board of Supervisors - page 6 of 19



Ms. Sally Conlon stated she feels they would have to go back to the beginning if they were going to change the plan, and the Board advised that this is correct. 


Mr. Leo Cohen stated he feels this matter should have been taken up under New Business.

He asked if Matrix owns the land at this time.


Mr. Zachary Rubin stated he does not feel it is a coincidence that immediately after the Election and before the new composition of the Board of Supervisors after the first of the year, that this matter is now being discussed.  He feels this matter should be postponed until the new Board is in place.  Mr. Fegley stated the reason that this matter is before the Board at this time is because a representative from Matrix sent a letter to the Township asking that they be put on the Agenda this evening.  He stated the Township did not hold up any meeting until after the Election. Mr. Rubin stated he does not feel it is a coincidence that Matrix has come in at this time.


Mr. Sam Spera, Tomlinson Lane, stated Matrix has won six Court cases.  He feels it is insane to bring in more children and effect taxes. He stated after the first of the year, it will still be four to one on the Board. 


Ms. Virginia Torbert stated she agrees that they should postpone the discussion and is curious why  office development is no longer a viable option.  She stated it seems like the whole nature of this project has changed.  She stated she feels it could be because the idea is to come in with a proposal that the Board of Supervisors will find so abhorrent that they will reject it. 


Mr. Hackman stated Matrix is either the owner or the equitable owner of the property.

Mr. Taylor stated they are the Contract Purchaser and have been for years.  He stated they have invested over $5 million in this land already to get the approvals and the design that the Township approved as well as being involved in the lawsuits.  He stated they are not walking away.  Mr. Fegley stated they are only considering sitting down to see if there is anything that they can agree upon.  Ms. Torbert asked that they wait until January 1 when Mr. Santarsiero is on the Board and Mrs. Godshalk is present.


Motion carried unanimously.





Mr. Ron Smith, President of YMS, and Mr. John Erlick, Treasurer of YMS, were present

Mr. Smith stated on January 1, YMS begins its 25th year.  He stated he is concerned with the change to the user fees.  He noted the letter which he provided to the Board of Supervisors outlining his concerns.  He had been advised that starting January 1, 2004, there would be an increase to the user fees.  Mr. Fazzalore stated this has been changed to July 1, 2004.  Mr. Smith stated they were originally told it would take effect January 1.  He thanked the Board for changing this to July 1.  Mr. Smith stated had they been told that there would be a $2 increase in the user feels, he may not have been so concerned; but he was told that there would be an across the board 100% increase which would be an increase of $8 for a total fee of $15 for residents and an increase of $15 for a total fee of

$30 for non-residents.  He stated non-residents could be from Yardley or Falls.  He stated

their Club is called Yardley-Makefield, and they are basically a Lower Makefield Club.


December 1, 2004                                                          Board of Supervisors - page 7 of 19


Mr. Smith stated he must justify to others why they are raising the user fees, and he did not have this justification.  He stated there are people using these fields that are not part of the Township and not part of their Club, and the Club has to subsidize the wear and tear those individuals put on the fields.  Mr. Smith stated YMS has to use many fields outside of the Township because of the number of other user groups making use of the Township facilities and because there are not enough facilities in the Township.  He stated there is a desperate need for additional fields.  He stated a number of people who are part of their program cannot afford what they have to pay currently for their children to play.  He stated he feels their organization is at the breaking point.  He stated they hold Events like the one held last weekend to help with expenses.  They also want to make sure that every child in Lower Makefield has the opportunity to participate in an organized sport.  He stated they have done research and a number of Townships in the area charge little or no user fees and some Townships even pay the local organizations to run their programs.  He stated they have been partners with the Township over the years.  He noted particularly Earth Day and the Memorial festivities.  He thanked the Township for putting off the increase until July 1, but also asked that they take another look at raising the fees at all.  He noted the benefits of organized sports which are included in his letter to the Board.  He stated having children in organized sports helps them learn lessons in life. He asked that the Board re-visit the issue to see if there are other ways to raise revenue.


Mr. Fazzalore stated they have indicated that the organizations do not make any money,

yet included in the YMS Income Tax Return it indicates that they have $198,000. 

Mr. Stainthorpe stated there is no question that YMS is a great partner with the Township, and they are pleased to have them in the Township. He stated sports in the Township are very important.  He stated they do have to look at the fact that they have limited resources, and they no longer have as much money coming in from developers as they did in the past.  The Park & Recreation millage is not covering the expenses.  They felt the fair way to pay for the additional expenses was to have a combination of user fees and taxes. He stated their thinking was that $7 in this Township would not be that bad.  Mr. Stainthorpe stated not one cent of the Park & Recreation taxes go to the Golf Course, and this increase is not being used to fund the Golf Course or a Senior Center. 


Mr. Smith stated their program includes children with whom the Lower Makefield children go to School with at Pennsbury.  He stated they do use other facilities outside of the Township because Lower Makefield Township does not have enough fields.  He stated Quaker Penn charges them only $1 to use their fields. He stated he feels the increase in user fees will have an impact on their organization.  Mr. Stainthorpe stated they are trying to get the right mix of taxes and fees that is fair to everyone.  Mr. Smith stated they are just asking that the Board re-visit the issue.


Mr. Erlick stated the 2002 Income Tax statement shows $150,000 which is down drastically from the last five years. He stated in 2002 they paid $41,441 to Lower Makefield Township. The Township is their second largest payee, and the only entity they pay more to is the company from which they purchase their uniforms.  This $41,000 represents 11% of their operating expenses.  $31,224 was for user fees and $9,092 was for lighting fees for use of lights at Macclesfield Park.  They also paid $15,000 to help with installation of these lights.  They also pay for permits for special events and contributed $375 to Earth Day.  The increase in user fees will be an increase of close to $30,000 for their Club.  He stated over the past two fiscal years, their expenses have exceeded their revenues by $35,000.  Mr. Fazzalore stated their investments have dropped.  Mr. Erlick stated currently they are charging $80 a season for an intramural player and $200 a year for a travel player.  He stated a family may have more than one child playing in the program 

December 1, 2003                                                          Board of Supervisors - page 8 of 19



and they may be playing more than one sport.  This increase could be the difference between a child playing or not playing a sport.  He stated other Clubs are not charged a fee and many are supported by their Townships for serving the youth of the Township.


Mr. Fazzalore stated Pennsbury School District does show a fee being charged, and

Mr. Smith stated if there is a fee they do pay it.  Mr. Smith stated the School fields are not in very good shape, but they use them because they have no place else to go. 


Mr. Hackman asked if they used Snipes this year, and Mr. Smith stated they did use it in the spring.  Eventually this will be a good place to move a part of their program to, but it was not ready for their use for the fall because it was too muddy according to Mr. Tragone.


Mr. Fegley stated there is a cost to the Township having Macclesfield Park and the other recreation facilities, and someone must pay for it.  He stated the lion share of the expense is being paid by the taxpayers.  If there is no increase in the user fees, any higher costs will be paid by every Lower Makefield Township taxpayer.  He stated he feels a little more of the costs should be paid by the people who are using it the most. He stated he does not feel that what they have proposed is a large increase; however, he feels they can consider whether the fee should be increased as much as proposed.


Mr. Smith stated there is a benefit of recreational programs in helping the quality of life.  He stated the volunteer hours cannot be duplicated and they know the Township recognizes this.  They are asking that they look at this again to see if this is the right way to go.


Ms. Judy Curley stated they should try to work with these organizations since she does not feel it is appropriate to charge them double what they have been paying.


Mr. Don Waters stated he has four children participating in PAA and YMS.  He asked what the money being collected is used for since he spends a lot of time working on the fields.  Mr. Hackman stated they have three full-time people maintaining the fields.  They also pay for equipment, fertilizer, seed, etc.  Mr. Fazzalore stated the 2004 Budget has in excess of $1 million in expenses for Park & Recreation.  Mr. Hackman stated 100% of the  money collected in taxes under Park & Recreation and user fees paid by the user groups goes toward Park & Recreation.  There is an accounting of what it goes to.  Mr. Fedorchak stated the user fees pay for 10% of the total expenditures. 


Mr. Akos Swierkiewicz stated 10% seems to be a pittance.


Mr. Tom Stevenson, 902 Slate Hill Road, stated he feels the fees are too low.  He stated there were a number of Tournaments held this year.  He stated this past weekend they had a great number of older children using these fields, and the fields are not getting the opportunity to heal themselves.  He stated YMS is bringing in more teams than they are capable of handling with the fields available.  He stated this was the problem this weekend.


Ms. Patty Dinelear stated the reason that they have to have the Tournaments two to three times a year is because of the user fees that they have to pay in order to play in the Township. She stated many people go to the Park and use the facilities as it is a public Park and do not pay any fees.  She stated she does not feel just because they are on a team that they should have to pay a fee. She stated all other Townships have Recreation Departments

that run the programs.  Mr. Hackman stated they are looking to the organizations to pay a

small percentage of the expenses in order to use the fields.

December 1, 2003                                                          Board of Supervisors - page 9 of 19



Mr. Mike Berger, 597 Leslie Lane, asked the amount of money YMS has.  Mr. Fazzalore stated he has their 2001 Tax Statement, and they had assets of $198,000.  One gentleman stated this was a Building Fund which they set aside to see if they could build a building.   However, over the years, this Fund has been eroding.  Mr. Hackman stated they have had a negative cash flow the past few years.  Mr. Berger stated he does feel the $80 currently being charged is shocking and to think that it will go up is appalling to the point that he may no longer coach.  He stated he does not feel the kids need what they have in terms of the uniforms that are being purchased and there are other ways they can reduce costs. 

Mr. Hackman stated the Township cannot speak to anything other than the user fees.


Mr. Fazzalore stated the YMS 2003 Income Tax Return shows a profit of $20,202. 

Mr. Erlick stated they did have a loss in their investments.


Mr. Paul Effinger stated he feels the $1 million Budget with three full-time employees is of interest.  He asked how much is operating costs.  Mr. Fedorchak stated 60% is for operating costs.  Mr. Effinger asked what major pieces of property have been purchased over the past few years.  Mr. Hackman stated they purchased North Park, Snipes, and Samost over the past five years. 


Mr. Santarsiero asked the proposed revenue stream from this increase,  and Ms. Liney stated it is $60,000 for all the Clubs.


Mr. Dave Henry asked what number they would like to see the fees bring in.  He stated he feels the Board of Supervisors should have been more informed about what the expenses are.  Mr. Hackman stated the Budget will be adopted at the next meeting.


Mr. Paul Kemp asked if anyone has looked at outsourcing the lawn service to help reduce costs. Mr. Hackman stated they have looked at this in the past.  They do have a lawn service doing some of the work.


Mr. Virginia Torbert stated they do have the ability to raise the Park & Recreation tax and asked how much they would have to raise it to raise the $60,000 the user fees will bring in.  Mr. Fazzalore stated it would be about 1/2 mill.  Ms. Torbert asked if this would be something to consider and asked when the last time was that they raised the Park &

Recreation tax.  Mr. Hackman stated overall Township taxes have not gone up in some time.  Mr. Fazzalore stated they must consider if every taxpayer in the Township should pay for this even if they never use the facilities or if they should charge a user fee to be paid by the people who are using the facilities constantly.  Ms. Torbert stated the more kids are involved in sports, the less they will be causing trouble.  Mr. Fazzalore stated the taxing structure of other communities may be different than Lower Makefield, and this is why they do not charge a user fee.  He noted Newtown has an Earned Income Tax and Tullytown and Falls get fees from having the landfill in their Township.


Mr. John Healy, Summit Drive, stated his children do not play on the fields they are being charged for.  Mr. Hackman stated the Township cannot break it down by who is playing on each field.  Mr. Healy stated they should consider the cost of children not playing sports since statistics show that kids playing sports get better grades and get in less trouble.


Mr. Stainthorpe stated the discussion is not whether soccer is good or bad, it is how they are going to pay for the fields.


December 1, 2003                                                       Board of Supervisors - page 10 of 19



Ms. Jacqueline Denton asked if they have to increase it by 100%, and Mr. Fegley stated this is something that they are going to look into.


Ms. Erika Swierkiewicz asked if there is a limit on Park & Recreation millage, and

Mr. Hackman stated there is not as they can raise it as high as they want. 

Ms. Swierkiewicz stated she would not be in favor of this.


Mr. Bill Turner, Fairfield Road, stated he is concerned that they are discussing this $60,000 fee when the Board of Supervisors should be considering the problems with the General Fund.


Mr. Bob Hill, from YMS, stated the families he has spoken to have let him know that this will price them out of soccer.  He stated the increase is substantial when you have a number of children.


Pat Smith, N. Kimble, asked who recommended the increase, and Mr. Hackman stated the Board of Supervisors recommended it.  He noted they will vote on this at their next meeting.  Mr. Stainthorpe stated they will revisit this and discuss it when the Budget is approved at the next Board meeting.





Ms. Karen Friedman and Ms. Joe Norum, Chairman of the Elm Lowne Preservation Committee, were present.  Ms. Norum stated the barn is in need of restoration and could possibly be adapted for community use.  Recognizing that the Township Budget may not support the costs of restoration, they made an effort to see how funds could be obtained elsewhere.  She stated research was done by Ms. Friedman and Mr. Hank Miiller.  The Grant under consideration this evening will help them explore the possibility of restoring and converting the barn into a multi-generational cultural center.  Hopefully this will lead to the transformation of Elm Lowne into being an economically self-sustaining asset.  The Grant is to design a feasibility study and a business plan.  The intent is to explore the possibility of the barn as a multi-generational center that will support itself.  They hope the Elm Lowne property will become a regional cultural center and hope to preserve this significant structure in Lower Makefield.  Ms. Norum noted the supporters of the project.  Letters of support and copies of the match fund checks were included in the Board’s packet.  They would ask that the Board act quickly so that these funds are not re-directed.  There is no additional direct cost to the Township and it will not impact the Township’s Budget.  The Grant funding expires 12/31/03. 


Mr. Stainthorpe moved and Mr. Fegley seconded to accept the Grant from Delaware & Lehigh National Heritage in the amount of $18,750 for the study on the renovation of the barn at Elm Lowne


Mr. Hackman stated his only concern is in looking at the estimated cost detail there are eighty hours of architectural work  and engineering proposed, and he is or sure that this is enough to evaluate the structure of the barn and give a simple lay out so that they know

what they are working with.  Ms. Norum noted the terms of the Grant.  She stated a decision was made to first approach it this way to see if it is even viable to go in this direction. She stated they are looking for a business plan and then take whatever is

December 1, 2003                                                       Board of Supervisors - page 11 of 19



available and hire professionals to do beginning engineering. She stated they first need advice on the business plan to see if it is worth trying to put in this amount of money to see if it can become self-sufficient.  Mr. Hackman asked how they will know if it can be self-sufficient if they do not know if the structure is sound.  Ms. Norum stated that would be the next step.  The first step is to see if it is worth pursuing.  They would then try to get funding for engineering and architectural services.  She stated they cannot go to the funders without a plan to show it is worth an investment.


Mr. Hackman asked if this Grant will tell us anything about the soundness of the barn.  

Ms. Friedman stated there are two reports on the structural integrity of Elm Lowne.

Mr. Hackman stated this is what concerns him because those reports were not too hopeful.

Mr. Fedorchak stated to bring the entire structure up to Code for assembly use would take $1.5  million to $2 million.  Ms. Friedman stated they cannot go there until they know if it is viable for a cultural center. 


Mr. Fazzalore stated he is concerned that they continuously hear that the Referenda were voted down for a community center and now they are considering a multi-generational cultural center.  He stated he would like to know what the difference is.  Ms. Norum stated this is a cultural center and not a meeting place. Mr. Fazzalore stated this is a semantics issue.  Ms. Norum stated there is certain language they use when applying for Grants. 

Mr. Fazzalore noted the letter from Mr. Garton, and he asked that they receive a copy of this as it relates to this matter.  A copy was provided to Ms. Norum and Ms. Friedman this evening.  Mr. Fazzalore stated this will not involve any monetary participation from the Township.


Mr. Stainthorpe asked who physically will be doing the work. Ms. Friedman stated she will put her time in as well as Mr. Miiller and they will look for professionals to help with what needs to be done in the evaluations. She noted the people they are working with from the Bucks County Community College, and this gives them access to a group of people who know who can do this work and from where funds can be obtained.  


Mr. Hackman stated it will be up to the Township to hire certain professionals. 

Ms. Norum stated she would assume that the Board of Supervisors would do this upon the recommendation of the Preservation Committee.


Ms. Diane Mayes, Lanyard Road, noted the Schoolmaster’s House where Grants were obtained and then were was vandalism at the property.  She asked about the expense to the Township.  Mr. Fedorchak stated that property involved the Historic Society.  Ms. Mayes asked if Elm Lowne is financing itself and covering all its expenses; and it was noted it is not.  Ms. Mayes stated there was prior discussion that they would sell the barn piece by piece so that they could make money.  She stated now they are considering improving it, and this will involve additional expenses for stabilizing the buildings and bringing in water and sewer.  It was noted water and sewer will be brought in when the Fire Station is constructed in that area.


Motion to accept Grant carried unanimously.






December 1, 2003                                                       Board of Supervisors - page 12 of 19





Ms. Katrina Krulla, Director of Technology, was present and stated over the past few months she has been examining the existing telephone system which is over eighteen years old.  She stated they cannot add any additional phones and cannot do certain functions such as conference calls, etc.  She would recommend buying off the Pennsylvania State Contract for the Intertel telephone system that will have all the functions they need now and in the future.  The cost for the new system would be $46,548 which includes installation and a three-year warranty on parts and labor.  In addition to a new telephone system they also need to switch from an analog line to a digital T-l line and this will save money in the monthly phone bill.  A cost break down was provided in the Board’s packet. 


Mr. Hackman stated they have budgeted a new telephone system for several years.  They had budgeted $50,000 for the system.  Also budgeted was $12,500 for an independent consultant, but Ms. Krulla has done this work. 


Mr. Fazzalore asked if they will be using a system that involves pressing certain numbers rather than speaking to an individual.  Ms. Krulla stated they do have this option, but they can also keep the system in place that an individual answers the phone.  Mr. Fedorchak stated they will have the ability to direct dial and not have to go through the receptionist in all cases.  Every phone will have its own number.  Mr. Hackman stated they will also have voice mail. Mr. Fazzalore asked why they need sixty-nine speaker phones, and Ms. Krulla stated there are three types of phones available and there is only $10 difference between the lowest price and the middle priced phone. She noted all the models have speaker phone built into the unit. 


Mr. Hackman thanked Ms. Krulla for the work she did putting this together.


Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve the new telephone system purchase proposal.





Mr. Edward Murphy, attorney, Ms. Susan Menno, project engineer,  and Mr. Mike Stadulis were present.  Mr. Murphy stated this is a property that has been pending since early this year.  The property is 43 acres with 60’ of frontage on Mt. Eyre Road.  The lot is in the R-1 District and borders Delaware Rim, Kimbles Field/Gatefield, and the Golf Course.  Seventeen new homes are proposed and one existing lot with lot sizes ranging from 3/4 of an acre to almost eight acres.  They propose to construct two cul-de-sacs separating the project. 


Mr. Murphy stated they presented the Planning Commission with a number of choices including if they wanted to see a connection from Mt. Eyre Road to Delaware Rim.  The Planning Commission and the Board of Supervisors felt there should not be a connection because of disturbance to the environmental sensitive areas.  The Plans originally submitted were revised to show the lay out being shown this evening.  They also asked about handling stormwater on the site. The new stormwater management regulations become effective in the spring, and they encourage groundwater recharge and infiltration.  This is different than how Lower Makefield has handled stormwater in the past.  They will establish naturalized basins at locations which were shown on the Plan.  They are located

December 1, 2003                                                       Board of Supervisors - page 13 of 19



on private lots and will not be dedicated to the Township.  They will be maintained by the Homeowners Association, but the level of maintenance needed is minimal because they are not mowed more than one or two times a year.  Mr. Hackman asked how they keep the homeowners from mowing these basins, and Mr. Murphy stated they will be provided information with their documents; and the Township will have the right, through easements, to access the property to make periodic inspections.  He stated they also want to preserve as much as possible of the natural resources.  They have therefore suggested that in certain locations, on a case by case basis, they be permitted to push the homes forward on the lot so that they can preserve more trees.  The existing homeowners who abut the property have asked that they do this as well.  He stated on a case by case basis they will present an application to the Zoning Hearing Board and advise specifically how much they will slide the house forward, and the Board of Supervisors can comment on this.  The Board indicated previously that they would be willing to entertain this on a case by case basis.  Mr. Hackman noted the list of Waivers, and Mr. Murphy stated that listing does not include the individual waivers to slide individual homes forward.  The lots where they would consider requesting relief on the setback requirements are shown in red on the Plan.


Mr. Hackman noted the comments from the Sewer engineer who has indicated that at some time the Board of Supervisors may want to sewer Delaware Rim and Sunnyside Lane and has suggested that the sewer system for this new development should be set up so that this could be done.  Mr. Fazzalore stated the Sewer Authority has asked CKS to look at a number of options.  One of the options is to cross the Golf Course to Clearview and build a pump station at the bottom instead of using the one at Kimbles Field.  He stated they must make this part of this Agreement that they will wait until the Sewer Authority comes up with their recommendations.  Mr. Murphy stated the Plan being presented shows a low pressure system that will connect to the pumping station at Kimbles Field. The Township’s 537 Sewer Plan would not permit flows to go from here to there today and would require that flows from this parcel go to the pump station within the limits of the Golf Course. 

Mr. Hackman stated it would go to Clearview.  Mr. Murphy stated they could take flows from this property and run it to a different location on the Golf Course behind the Club House to the pump station.  Mr. Williams stated there is a manhole at Clearview adjacent to the Golf Course. Mr. Murphy stated this would require crossing the Golf Course with a 4” force main. He stated they have prepared on a sketch plan showing a few scenarios as to how this could occur.  Mr. Murphy stated the choice could be to direct the flows the way the 537 calls for through the Course to the manhole to the pump station and to Morrisville,  or they could revise the 537 and go to the Neshaminy Interceptor for ultimate treatment in Philadelphia.  Mr. Murphy stated with regard to Delaware Rim, it is not feasible from any point of view to connect existing Delaware Rim residences by gravity and would require cuts from 30’ to 40’ deep.  He stated any of these scenarios could accommodate the Delaware Rim residents by installing a parallel 4” force main.   It would then be available if the Delaware Rim residents wanted to connect.  All of these would be low pressure and not gravity.  Mr. Fazzalore noted a few houses could be by gravity.  He stated CKS has been asked to study this.


Mr. Hackman asked how they can move ahead and approve this Plan and still give the Township the ability to modify the sewer system based on what the Sewer Authority decides. Mr. Koopman stated Mr. Murphy has proposed two alternatives. He stated he does not know how Delaware Rim would access the force main.  The Sewer Authority is also considering some kind of combined system for this project and Delaware Rim that would involve a pump station.  The Sewer Authority is usually opposed to low pressure systems.  He stated he does not think anyone knows and will not know for some time in

December 1, 2003                                                       Board of Supervisors - page 14 of 19


the future, the plans for Delaware Rim and the details of a new pumping station that could serve all of these units. He stated they could give approval that would take into account the two alternatives Mr. Murphy has suggested at the determination of the Township. 

Mr. Murphy stated this would be agreeable if it will not change the lay out.  Mr. Koopman stated this does not take into account the third possibility that has been discussed which is if there was a pump station in the Delaware Rim area that would allow the sewers to flow by gravity to a pump station and then have a force main to the Neshaminy Interceptor or Morrisville.  He stated he feels there would have to be a time constraint on this in fairness to the developer.  He stated this decision may not be made for more than a year.

Mr. Koopman stated what the Sewer Administrator has indicated is that it is not feasible to build a pump station for seventeen lots.  It may be feasible if they add the homes on Delaware Rim and Sunnyside Lane.  He stated the Sewer Authority recommend at their last meeting that a letter be sent out to the residents on Delaware Rim and Sunnyside Lane to see if there is any interest.  He stated this is a lengthy process.


Mr. Murphy stated whatever sewer options they choose will not change the lay out of the project.  Mr. Hackman asked where they would put a pump station and noted he felt it would have to be at the low point along the creek.  Mr. Murphy stated he has not heard that option until now.  He stated they have had discussions with the Township staff for eight to nine months and have not heard about this option.


Mr. Hackman asked how they can approve something that does not conform to the Township’s Act 537 Plan.  Mr. Koopman stated they could condition approval upon receipt of all approvals necessary from DEP including planning modules if necessary and an amendment to the Act 537 which would be necessary if they are going to Farmview. 

If they are going to Morrisville, it is consistent with the 537.  Mr. Murphy stated the Board of Supervisors would have to adopt the amendment.  Mr. Murphy stated they do not know where a pump station would be located.  Mr. Hackman stated the stream would be the low point.   Mr. Koopman stated CKS did present to the Sewer Authority some alternatives and one of these was one pump station that would serve most of Delaware Rim, Sunnyside, and this project by gravity for the most part.  The Sewer Authority was leaning toward taking the flows to Morrisville.  Mr. Fazzalore stated a recommendation was not made on this.  Mr. Murphy stated he feels they would have to have deep cuts, and

Mr. Fazzalore stated he felt that it would be 18’ deep.


Mr. Fazzalore stated he does not feel they will get 50% of the people in Sunnyside and Delaware Rim to say they want sewers and feels they should instruct them to get a survey out immediately to see what the results are; and if the results are that a majority do not want sewers, the developer should then proceed to go the other way.  Mr. Hackman stated he feels they will then never get sewers in the older neighborhoods.  Mr. Murphy stated he disagrees and feels there is a way for them to have the option to connect albeit a low pressure system.  Mr. Koopman stated the Sewer Authority is not fond of low pressure systems.  He stated the Sewer Authority is in favor of public sewers via a pump station owned by the Township with a gravity system.


Mr. Rick Shaffer, 38 Delaware Rim Drive, stated he would like to know how far up the lines are going to go up Delaware Rim.  He stated his neighbor, Mr. Miller, is getting hooked up; and he would like to get hooked up as well as his system is thirty-five years old.  Mr. Stadulis stated five existing residences are being provided laterals, and the system is being designed to handle those additional homes.  Mr. Fazzalore stated he does not feel this is fair that only five are getting these.  Mr. Stadulis stated they cannot get a gravity

connection into a low pressure system.

December 1, 2003                                                       Board of Supervisors - page 15 of 19



The list of waiver was noted. Mr. Murphy stated they have requested a waiver from providing core samples on Mt. Eyre. Road. He stated this is a State road, and typically in the past they have not provided core samples to the Township for anything other than Township roads.  Mr. Williams reviewed the reason core samples are taken.  Mr. Hackman stated Mt. Eyre road is in very bad condition.  Mr. Murphy stated they have 56’ of frontage on Mt. Eyre Road.  He stated they will have to discuss improvements the Township wants them to make. Mr. Williams stated they could have the developer post a certain amount of money in case they damage the road.  He stated PennDOT may require this since it is a State road.  Mr. Hackman stated he does not feel all of Mt. Eyre Road is a State road.

Mr. Dave Bray stated Upper Makefield owns a portion and Lower Makefield maintains a portion.  He stated both are Township roads.  Mr. Williams stated he does not feel they need core samples, and they could waive this requirement and have a separate line item when they consider the escrow. 


Waiver Item B was noted which relates to the scale of the Plans.  This waiver was acceptable to the Township engineer and the Board.


Waiver C has to do with a reduction in cartway width.  They are proposing 30’ with the cost differential to go to the Township.  Plans are currently drawn to 36’.  It was noted Delaware Rim is 26’.  This wavier was acceptable to the Board.


Waiver D has to do with the Plan not showing any improvements on Mt. Eyre frontage of the site and this is typically an issue deferred to Final following recommendations from the Township engineer.  Mr. Williams stated the Board must consider if they want the improvements done or the funds contributed to the Township to do them at some point in the future.  He stated he would suggest that they escrow the funds and as other properties get developed, they can then do something meaningful.


Item E is a technical issue dealing with grade approaching a leveling area.  Mr. Williams stated this has to do with a snow and ice condition and because of the number of homes, the additional grading that would be required would cause more environmental damage than granting the waiver would.  Ms. Menno stated this is only on Road A.  On Road B they are providing the leveling area required.  Mr. Murphy stated 8% grade is the same as a typical handicap ramp.  Mr. Williams stated he does not have a problem with granting this wavier. 


Mr. Murphy stated Item F was discussed previously, and this was acceptable to the Board.


Item G was noted, and Mr. Murphy stated the Ordinance requires sidewalks on both sides of all the streets.  They are asking for a wavier of sidewalks on Mt. Eyre Road. 

Mr. Hackman stated he is not sure they need sidewalks on both sides in the interior roads.

Mr. Williams stated in Upper Makefield they have similar developments and they have very few sidewalks,  but they are now getting requests for speed humps because the children are in the street as they have no sidewalks to ride bikes, etc.  It was agreed that sidewalks should be installed except for on Mt. Eyre Road.  Mr. Hackman asked if there is a bikepath planned for Mt. Eyre Road, but it was not known if this is shown on the Township Master Bikepath Plan.  Mr. Williams stated he does not believe there is one proposed. 


Item H was noted which is a 1% waiver on the grade to match the road, and this was acceptable to the Board of Supervisors.



December 1, 2003                                                       Board of Supervisors - page 16 of 19


Item I was noted.  Ms. Menno noted the location where an easement is not entirely centered on a property line.  She stated they  had to do this to try to minimize disturbance.  This was acceptable to the Board of Supervisors.


Mr. Williams noted the number of waivers regarding stormwater management. He stated they were concerned about the additional impervious surface that the homeowners could build, and the applicant feels this tract can handle this because of the size of the lots.  He stated they would need to have this in a deed restriction so that the homeowners know what their restrictions are.  Mr. Hackman asked why they do not build it large enough to handle everything.  Ms. Menno stated 3,000 square feet is the equivalent of another two to three houses.  This would increase it to 19%, and it would drive up the basin size beyond what is feasible.   She noted the restriction on the lots because of the natural resources.  She stated if a homeowner did exceed the 3,000 mark, they could expand the infiltration system on their own property. Mr. Hackman expressed concern with the new stormwater management regulations.  Mr. Fegley stated he feels the “best management practices” are better than the standard detention basins and are more aesthetically pleasing.  He stated getting the water back into the ground is an important issue rather than capturing it and sending it downstream.  Mr. Murphy stated if there is a site that they are going to do this for the first time, this is the optimal site because the basins are immediately adjacent to Dyers Creek.  Mr. Williams stated the Public Works people will not be burdened with this as it is put on the Homeowners Association.   He stated they should include proper language in the documents.  Mr. Hackman stated he is concerned because they will be on private property.  Mr. Murphy stated while this is uncommon in Lower Makefield, it is done frequently in other Townships and works well.  Mr. Stadulis stated when they do their Homeowners Association Declaration, they add an exhibit called an Open Space Management Plan; and he would be willing to provide this document to the Township.


Item J was noted regarding the impervious surface restrictions. Ms. Menno stated she feels there should be something crafted so the homeowners know how much they have. If the homeowner wants to expand on this, they have to provide means on their lot to mitigate. This would be over and above 3,000 square feet. 


Item K was noted which was acceptable to the Board.


Item L was noted regarding grading, and Mr. Williams stated this is transitional grading.  This is only on the road coming in. This was acceptable to the Board of Supervisors.


Item M was noted, and Mr. Murphy stated they want to go from four to one to three to one to save woodlands on the site. This was acceptable to the Board.


Item N was noted, and Mr. Williams stated this relates to the 50% release rate.  In this case, they are asking for some relief because they have a significant amount of undeveloped area.  He stated the Board has approved something similar in the past with another wooded tract.  He stated they would have to increase the size of the basin and clear the woodlands to meet the Township requirements.  This was acceptable to the Board.


Mr.  Murphy stated they will cross Dyers Creek for a number of utilities.  The Ordinance requires going to the Zoning Hearing Board, and they have not yet submitted this as the wanted to wait until they received confirmation from the Board of Supervisors that they were in favor of this lay out.  He noted these locations on the Plan.   They will submit this between Preliminary and Final if this is acceptable to the Board.  The Board agreed.


December 1, 2003                                                       Board of Supervisors - page 17 of 19


Mr. Murphy stated they will comply with all other items in the PCS  letter.


Mr. Hackman stated the Bucks County Conservation District gave an inadequate rating, and Mr. Murphy stated this is normal; and the Plans have been re-submitted.  Ms. Menno stated they have not yet received a response back. 


Mr. Hackman stated he is concerned that a plan may come back for a sewer system that effects the Development Plan as currently laid out.  Mr. Koopman stated they can grant Preliminary approval but defer the matter as to how the development will be sewered until Final Plan with the understanding that if the Board’s decision regarding sewers results in modifications or changes to the Plan, this is at the developer’s risk.  It is also done without prejudice to the developer’s right to discuss it and, if necessary, litigate any determination regarding approval. 


Mr. Fazzalore moved and Mr. Stainthorpe seconded to approve the Preliminary Plan for Chanticleer and defer until Final Plan the resolution of the issue as to how the development will be sewered with the understanding that if the Board of Supervisors’ decision regarding the matter of sewering the property results in modifications or deviations to the Plan, that this is at the developer’s risk and without prejudice to the developer’s right to be able to discuss it and, if he feels necessary, litigate any determination regarding a disapproval and subject to the following conditions:


            1)  Receipt of all permits and approvals by agencies having jurisdiction

                   including any and all approvals necessary from DEP in light of the

                   final determination as to how to sewer the project;


            2)  Compliance with the PCS report dated 11/19/03 with the grant of

                  waivers noted therein with the understanding that the Applicant is to

                  pay fee-in-lieu of the cost for the waivers including the reduction in

                  cartway width, improvements to Mt. Eyre Road, sidewalks on

                  Mt. Eyre Road, and that there be a line item for repairs necessary to

                  Mt. Eyre Road;


            3)  Applicant pay a fee-in-lieu of recreation in accordance with the

                   Township’s Ordinance;


            4)  Applicant comply with the Traffic Impact Fee Ordinance;


            5)  Applicant secure a Variance from the Zoning Hearing Board for

                  the provisions regarding the crossing of Dyers Creek for

                  necessary utilities and encroachment to build the road;


            6)  Compliance with CKS letter dated 10/6/03;


            7)  Defer to Final Plan the issue of a walking path between the two

                  portions of the project in the vicinity of the farm road crossing;


            8)  Execution of appropriate Development Agreements and the Township

                  reviewing all necessary documentation regarding stormwater basins,

                  easements, and Township access so that those documents and the

                  Homeowners Association documents are in a form acceptable to the

                  Township and the Township solicitor.

December 1, 2003                                                       Board of Supervisors - page 18 of 19



Mr. Bill Curnan, Fairfield Road, asked if the engineering for this has been coordinated with the Golf Course, taking into consideration watering the Course and the septic systems in the area.  He stated he is concerned about run off.


Motion to approve carried unanimously.





Mr. Koopman stated this request will increase the impervious surface to 19.4%.  While this is permitted by the Zoning Ordinance, the linens only permit 18%.  Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the request of Scott Freedman to add an in-law suite at 1409 Heather Ridge Drive which will exceed permitted impervious surface.





Mr. Stainthorpe moved, Mr. Fazzalore seconded and it was unanimously carried to table approval of the plan for reconfiguration of parking lot area at Oxford Oaks Shopping Center until January due to the late hour.





Mr. Stainthorpe moved to deny the request for dedication of The Estates At Pebble Creek.  Mr. Koopman stated the developer has requested that they table this matter until 12/15/03.

Mr. Stainthorpe withdrew his Motion.  Mr. Stainthorpe moved, Mr. Fegley seconded and it was unanimously carried to table the request for dedication of The Estates at Pebble Creek to December 15, 2003.





Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to appoint Glenmede Trust as the investment advisor and Byer & Barber as the actuary.





Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to appoint the following to the Disabled Persons Advisory Council:  Liz Harbison, Lisa Huchler-Smith,  John McConville, Ann Pincinnotti,  and David Rogers.


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

re-appoint the following to the Historic Commission:  John Breuer and Helen Heinz.



December 1, 2003                                                       Board of Supervisors - page 19 of 19



There being no further business, the meeting was adjourned at 11:25 p.m.


                                                                        Respectfully Submitted,





                                                                        Frank Fazzalore, Secretary