TOWNSHIP OF LOWER MAKEFIELD
BOARD OF SUPERVISORS
MINUTES - MARCH 3, 2003
The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on March 3, 2003. Chairman Godshalk called the meeting to order at 7:30 p.m. noting that the Board had been meeting in Executive Session since 6:30 p.m. to discuss legal and real estate matters.
Board of Supervisors: Grace Godshalk, Chairman
Wes Hackman, Vice Chairman
Frank Fazzalore, Secretary/Treasurer
Scott Fegley, Supervisor
Pete Stainthorpe, Supervisor
Others: Terry Fedorchak, Township Manager
Jeffrey Garton, Township Solicitor
Robert Williams, Township Engineer
Kenneth Coluzzi, Chief of Police
Mr. Steve Santarsiero, 530 Southridge Circle, stated he is present with Gary Cruzan, 1597 Clark Drive, to discuss Matrix. He stated three lawsuits were filed by RAM, with the third currently pending before Judge Heckler. Mr. Santarsiero stated he feels there may be a unique opportunity for the parties involved to resolve the dispute through the adoption of an alternative development for the site. He noted that based on statements made by the Township’s Planning Commission and statements by Matrix representatives, it appears that each party to the suit has some interest in alternative development of the site; and they feel age-restricted housing may be a suitable use. He asked the Township to join in discussions for potential development of the site. Mrs. Godshalk stated this matter could involve a lengthy discussion.. She stated the Township does not do the developers’ planning, and Matrix is free at any time to come in and submit an alternative plan. Mr. Fazzalore stated he would be willing to listen to any alternative plans provided Matrix is involved in the discussions. Mr. Santarsiero stated he recognizes that this may require a lengthy discussion and suggested that this situation is different than the ordinary proposal since it is the subject of litigation. He stated he feels discussions can go forward with representatives from the Township present. He stated RAM can have discussions with Matrix and Matrix itself can come before the Township; however, unless they are sure that all three parties involved are working toward an Agreement, the time would not be well spent. He stated possibly one or two Board members could participate in meetings and then report back to the full Board. They feel these should be public discussions since they feel one of the main causes of the dispute was because of the lack of public comment. Mrs. Godshalk stated the Township is in litigation because RAM put them there. She stated a developer can always come before the Township with a Sketch Plan. Mr. Santarsiero stated they do not feel the Township should come up with the development ideas but the Township should be involved in the discussions. He added RAM wants to see the elimination of big box stores, preservation of open space, minimizing traffic impact and impact on the environment, creation of ratables, and uses which are are in keeping with the surrounding community.
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Mr. Hackman stated this appears to be turning into a campaign speech. He stated
statements have been made that the Board did not operate in public throughout the entire process, and this is incorrect. He stated Matrix has an approved Plan which is in accordance with the Zoning Ordinance; and if they want to change their Plans, the Board would be willing to listen to them. Mr. Garton stated he is aware that there have been ongoing discussions between RAM and Matrix; and he has advised Matrix’s attorney,
Mr. Brookman, that the Board of Supervisors would want any discussions to be done in public since concerns were previously expressed that discussions were taking place in private. He noted all discussions which have been taking place recently have been between RAM and Matrix. Mr. Fazzalore stated nothing was done by the Township in private and many members of RAM were present at public meetings when Matrix was discussed. He stated the Township follows the law with regard to public comment. Mr. Fegley stated if they schedule any meetings, he would be happy to attend - if not as a member of the Board, then as a private citizen.
Mr. Cruzan stated the reason they are present this evening is because at the last Planning Commission meeting, there were discussions on the Master Plan, Matrix, and age-restricted housing. He felt it was peculiar for the Planning Commission to discuss age-
restricted housing for a site where there was an approved project that is currently in Court.
Mrs. Godshalk stated the Planning Commission is only an advisory board. She stated the Township is looking at age-restricted housing and where it might fit best in the Township.
Andrew Racz, 1379 Oxford Valley Road, provided information to the Board of Supervisors this evening including photos. He stated last year he received notice that there would be a 2300 square foot home built on the adjacent wooded lot. The property was the subject of a Hearing with the Zoning Hearing Board, and at the meeting they discussed the Variances needed. He protested the Application because of his concern with the placement of the new home. They indicated at that time there would be trees between the two homes, and this met with his satisfaction. He stated a year later a 4,000 square foot home was built which is double the size of his home. The home was placed in his rear yard. He now has no privacy and no trees were planted. He stated the home was built on a large, manmade hill and now water is coming into his basement and there is water run off from the adjacent property. He added that the house was built 10’ from his property line and the roof overhang hangs over his air space. He stated installation of full size trees would solve the problem, but the builder is not responding to his calls. He did discuss this with Barbara Kirk of the Zoning Hearing Board, and received the response that this was not a Township issue. He also asked for a copy of the audio tapes from the Zoning Hearing Board meetings, but these were not provided. He did receive a copy of the meeting Minutes a portion of which he read to the Board this evening wherein it states Mr. Murphy indicated that the woods would remain along the property line; however, he does not feel all information on this matter was included in the Minutes. He stated he has consulted an attorney who suggested that he come before the Board of Supervisors. Mr. Stainthorpe stated the approved Plan should be reviewed. Mr. Williams stated they should also look into the conditions of the Zoning Hearing Board approval. Mr. Racz stated this issue was not included in the conditions. Mr. Garton stated they should look into the issue of the overhang which may be a violation and have the Building Inspector review the As-Built.
Mr. Stainthorpe asked that Mr. Fedorchak have Ms. Frick look into this matter.
Mr. Racz agreed to meet with Mr. Fedorchak at the Township Building tomorrow.
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Mr. Virginia Torbert, 1700 Yardley-Newtown Road, noted there is an Agenda item with regard to canceling the meeting on April 7 but she is concerned that by the time this matter is discussed, most of the public will be gone. She stated the Board has already missed a meeting in February; and if there is another storm in March, they may not meet again until the end of April if they cancel the April 7 meeting. She asked why they could not switch the meeting date to a different night. She stated if the Board schedules an emergency meeting at some other time such as 8:30 a.m., most of the public would not be able to attend. She stated while she recognizes that this would be legal, she is concerned that it would limit public input. She noted some examples when this was done in the past, and it was noted that at least one of these was opening of bids which is always done during the day. Mr. Fazzalore stated if the Township Manager deems that there are important items which need to be discussed, they could set up another meeting. Mrs. Godshalk stated it is rare that a Supervisors meeting is canceled.
Ms. Torbert stated she is also concerned that letters are no longer sent to residents when items are on the Agenda which impact their properties. She noted the Matrix matter and stated if the public had been invited to the meetings, they would not have the current problems. Ms. Torbert was advised that the Zoning Hearing Board and the Planning Commission do send out notices to surrounding residents about Agenda items impacting their properties. Mr. Fedorchak stated with regard to Matrix, letters were sent to all adjacent property owners and they even extended this beyond the normal area. He added that the Township does have a notification policy in place although they are not legally required to notify adjoining property owners prior to developments being discussed.
Ms. Torbert stated if they are only notifying those who are abutting the property, she does not feel this is sufficient. She stated she feels the policy should be more codified and there should be a procedure whereby the Board of Supervisors checks to make sure that people have been notified. Mr. Fedorchak stated they have found that if the adjoining neighbors are notified, other residents in the area find out about the meeting as well.
APPROVAL OF MINUTES
Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve the Minutes of February 3, 2003 as written.
9-11 MEMORIAL CONSTRUCTION FUND PRESENTATIONS
Kylee Stair, Student Council President, Grace Conway, Student Council Vice President, Lily Rubenstein, Student Council Treasurer, Sophia Yi, Student Council Secretary, Linda Lowe, Moderator, Donna McCormick-Miller, Principal, and Sue Knoll and Mary Ellen Rosatti representing the PTO of Makefield Elementary School were present to make a contribution to the 9-11 Memorial in the amount of $2,349.25. Mrs. Godshalk and
Mrs. Fiona Havlish accepted the donation on behalf of the Memorial Committee.
Student Council representatives described the Events which took place to raise the money.
Ms. Linda Salandra, and Ms. Susan Santos, representing Sovereign Bank, were present.
Ms. Salandra stated in December they donated $2000 to the 9-11 Memorial and are present this evening with an additional contribution of $10,000.
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PROCLAMATION “MARCH IS RED CROSS MONTH”
Mrs. Godshalk read into the record the Proclamation declaring “March Is Red Cross Month.” Ms. Liz Phillips, Red Cross Board Member, was present to accept the Proclamation and to thank the Township. Mrs. Godshalk reviewed the work done by the Red Cross and thanked them on behalf of the Township.
LINDENHURST ROAD DISCUSSION AND MOTIONS TO OBTAIN PROPOSALS FOR PROFESSIONAL SERVICES AND TO WRITE LETTER TO DAVE STEIL
Mr. Williams stated the Board received an update on Lindenhurst Road in their packet including what courses the Township could take if they want to have a pavement analysis done to determine if the weight should be limited on the road. He stated PennDOT did do a study in 2000; however, they only considered one Sub-Section based on traffic conditions and at that time, they felt no restrictions were warranted. However, there is another Sub-Section which allows them to base it on the condition of the road. Mr. Williams stated he has recommended that the Township proceed on this basis if they wish to pursue a weight restriction. Mr. Williams stated the Township indicated they were looking to obtain an engineer who would be outside the influences of District 6, and he has provided a list of five firms which could be contacted. While no formal proposals were received, he feels it would cost between $10,000 and $15,000 to obtain the necessary information from an engineer. Mr. Williams stated he could prepare the request for proposals for this work to be done.
Mr. Fazzalore stated he feels the Board of Supervisors approved taking back the road regardless of the fact that it could cost $1 million to fix the road. He asked why they should spend more money at this time for this study. Mr. Williams stated while
Mr. Fazzalore is correct, PennDOT has not responded to the Township’s request to take back the road. Mr. Fegley stated the question is whether or not they have a legal right to restrict truck traffic. He stated the legal basis for restricting the traffic may be the need for a weight limit due to the condition of the road, and they would need the analysis in order to prove this. This is why the Board asked the engineer to find out how much it would cost to get the core samples.
Mr. Hackman thanked Mr. Williams for his report. He stated Mr. Williams included the actual pages that PennDOT uses. He stated one of the discussions they have had is whether or not the Township owns the road, they would still have to go through these procedures.
Mr. Williams stated they would need a permit from PennDOT to do work in their road bed.
Mr. George Schrader, 46 Black Rock Road, stated he feels Lindenhurst Road seems to take up a lot of the Board’s time, and asked why this is the case. Mrs. Godshalk stated many members of the public present this evening have spent considerable time trying to slow down traffic on this road. Mr. Schrader stated a number of other roads in the Township have a lot of traffic as well. A number of residents present noted the number of large commercial trucks using the road. Mrs. Godshalk noted the number of Schools in the area and the quarry trucks which is an unsafe condition. Mrs. Godshalk stated the Board tries to help all the Township residents.
Mr. Fegley moved and Mr. Stainthorpe seconded to approve the Township Engineer and Township Manager obtaining proposals for professional services.
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Ms. Virginia Torbert stated she feels they are creating an artificial restriction similar to what Newtown and Wrightstown Townships have done in the past with regard to Swamp Road.
Mr. Hackman stated Lindenhurst Road has been picking up additional traffic because other roads in the area are restricting traffic from taking the most appropriate route which is to get to the By-Pass. Mr. Hackman stated this is a reaction to the State not living up to their responsibility of taking care of State roads. He stated this is why Lower Makefield is considering taking over Lindenhurst Road.
Motion carried unanimously.
Mrs. Godshalk noted the letter from the Municipal Services Supervisor from the Department of Transportation who acknowledged receipt of the break down of costs with regard to the Lindenhurst Road turnback request. They have indicated that the matter is currently under review and a decision should be made sometime in March.
Ms. Sue Herman advised the Board that she attended a meeting on 2/13/03 in Mr. Steil’s office, and he indicated that he is against the turnback and will not support taking care of one neighborhood at the expense of another. Ms. Herman stated the residents indicated that the volume of traffic on Lindenhurst Road is unacceptable, and Mr. Steil stated the accident data does not support this. Ms. Herman reminded Mr. Steil of a number of incidents where pedestrians and school buses were almost hit by quarry trucks, and he indicated that Pennsbury School District bus drivers should report near misses to their Department. Ms. Herman thanked the Board of Supervisors for their continuing support in this matter. She provided to the Board a copy of a letter she sent outlining what took place at the meeting with Mr. Steil. Mr. Hackman stated he is disappointed that Mr. Steil is not supporting the Lower Makefield Township Board of Supervisors who unanimously agreed that they had to move ahead with this matter. He stated at a previous meeting both
Mr. Steil and the State Senator indicated this would be a top priority item.
Mr. Hackman moved and Mr. Stainthorpe seconded to write a letter to Mr. Steil indicating they do not agree with his position. The Board of Supervisors feels this is a very serious matter and feels he should reconsider this matter.
Mr. Fazzalore stated Mr. Steil represents Lower Makefield, Newtown Township, and portions of Upper Makefield and he understands that he cannot solve a problem in one
community at the expense of another community. Mr. Fazzalore stated he feels they need to get the trucks to go on 413 to the By-Pass. Mr. Stainthorpe stated they have talked about this for years, and he feels it is time for Lower Makefield to take some action. He stated even if Mr. Steil does not support this, he hopes he will not oppose it and this is why he supports the Board of Supervisors writing a letter. Mr. Hackman stated he feels it appears that they are only going to do something after someone gets killed, and he does not feel this is the right way to do things.
Mr. John Cowlie, 2000 Silverwood, stated they are meeting to vote on this in March, and Mr. Steil has been trying to sidetrack this for the past three months. He feels the Board of Supervisors may have to do more than just write a letter to get this taken care of.
Mrs. Godshalk stated she agrees that they may have to go to the Department of Transportation with videos like they did in the past for Oxford Valley Road. Mr. Fedorchak stated the letter they received indicates that the Program Management Committee makes the final decision and perhaps they could ask for Township representation when they meet. This was acceptable to the Board of Supervisors.
Motion carried unanimously.
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Mrs. Godshalk stated she and Mr. Stainthorpe attended the February 13 Swamp Road meeting, and a statement from Mr. Fegley was read into the record as he was unable to attend. They indicated at the meeting that the Lower Makefield Township Board of Supervisors is in favor of opening up Swamp Road.
Ms. Herman stated Mr. Warren indicated the weight restricted culvert will be replaced in 2004; however they have found out that the culvert south of that one will not be replaced simultaneously. She stated Mr. Steil had written in August of last year that he had convinced PennDOT to do both culverts simultaneously but this apparently is not going to happen. She asked that the Board of Supervisors do everything they can to encourage that Swamp Road be opened up to provide the option to the truckers to use the safest route.
Mr. Fazzalore stated he feels they should send a letter to the local politicians asking that they upgrade both culverts simultaneously. Mr. Fedorchak stated they must consider if Newtown Township and Wrightstown are in support of this since if all the host communities are in favor, it would be better received. Mr. Fedorchak stated some months ago, Mr. Steil expressed a strong interest in improving both culverts simultaneously as soon as possible. Ms. Marci Conti, Wrightstown, stated there will be a quarry expansion which will involve millions of tons of additional stone. She stated no traffic impact study is required and no study is required to determine the impact on the environment. She stated the By-Pass is the safest road, and they are not using it. She commended the Lower Makefield Township Board of Supervisors for their efforts to take over Lindenhurst Road. Mr. Cowlie stated he does not feel Mr. Steil deserves another term since he has not been honest in the past about this issue.
Mrs. Godshalk asked that Mr. Steil be invited to attend the next meeting of the Board of Supervisors to discuss this issue.
Mr. Fedorchak stated with regard to the Intergovernmental Agreement, there were discussions on the changes Newtown made to the Agreement, the most notable being the exclusion of the section that would have prohibited a connection between Brandywine and Lindenhurst Road. He stated a letter was sent to the Chairman of the Newtown Township Board of Supervisors advising him this language should be included in the Agreement. A letter was then received via fax Friday afternoon from Scott Harp in response to this letter indicating that at their meeting on February 12, the Newtown Township Board of Supervisors approved the Preliminary Plan for Newtown Corporate Center and as a condition of the approval, the Board directed that a deed restriction be placed on Brandywine Boulevard to prohibit a connection between Brandywine Boulevard and Lindenhurst Road. Mr. Garton stated the deed restriction is only good to the extent that someone can enforce it. Mrs. Godshalk stated she does not feel this has enough teeth in it to satisfy Lower Makefield Township’s wishes. Mr. Hackman stated they also asked that Newtown work with them on the take back of Lindenhurst Road, and this provision was also removed from the Intergovernmental Agreement. Mr. Stainthorpe stated he feels
Mr. Garton should clarify the enforcement provision of the deed restriction. He stated he does not feel Newtown should have any objection including this restriction in the Agreement. Mr. Fegley stated this was a topic of discussion for many of the meetings and was one of the key points of the agreement. Mr. Fegley stated if they are requiring a deed restriction so that there is no connector road, they should not have an objection to including this in the Agreement. Mrs. Godshalk stated three years ago she questioned CAU whether or not they would put a road through to the other side, and the developer indicated he did not own that portion. She stated now the owners of Brandywine and CAU could make a
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deal and a road could go through. She feels the provision that there not be a connection should be included in the Agreement. Mrs. Godshalk agreed to write another letter to Newtown in this regard.
Ms. Herman stated she had a discussion with Mr. Steil on 2/13 about this matter, and
Mr. Steil stated this connector road was never part of the negotiations. He indicated it was not okay to add new issues at this time.
AWARD OF BID FOR COMMUNITY POOL BATHHOUSE RENOVATIONS AND REJECTION OF BIDS FOR ADA RAMP AND POOL REPLASTERING
Mr. Ted Wallover, Mr. Brad Sharp, and Ms. Donna Liney were present. Mr. Hackman stated they have gone out for bid two times for renovations to the Community Pool. The first time the bids came in very high and they went out to bid again. Mr. Wallover noted the 2/26/03 letter which is a recap of the bids received on February 11. He noted they did aggressively market the projects and received eight bids for the bathhouse renovations. The low bid was the original low bidder. With regard to the ramp and replastering, they received two bids and one of those was deemed to be ineligible due to past work that bidder had done at the Pool. Both of these bids came in over budget and they are recommending that neither be awarded at this time. They are recommending that they proceed with the bathhouse renovations and funds allocated for the replastering and ramp be put toward the bathhouse renovations. The low bidder for the bathhouse renovations was J. Mann R. Finley, Inc. in the amount of $120,700. Mr. Wallover stated he would like to give further consideration to the ramp project and consider it at a future time.
Mr. Fazzalore asked how much was budgeted for the pool renovations, and Ms. Liney stated $160,000 was budgeted for capital construction and they carry a cash reserve of $288,000.
Mr. Hackman moved and Mr. Fazzalore seconded to award the bid to J. Mann R. Finley, Inc. in the amount of $120,700 for pool bathhouse renovations and to reject the bids for the ADA ramp and pool replastering.
Mr. Fazzalore asked if they plan to come back this year for the ramp and replastering, and Ms. Liney stated they do not.
Motion carried unanimously.
Mr. Wallover stated they will issue a letter to the contractor so that the work can begin immediately.
DISCUSSION AND TABLING OF PROPOSED ORDINANCE REGARDING CATS
Mr. Gary Lipsius was present and stated he has been working with Mr. Fedorchak on this matter. He stated the proposed Ordinance provides for licensing, vaccinating, and neutering of cats as well as limitations on free-roaming cats. He stated they have included input from numerous organizations as well as interested residents. They have also obtained numerous Ordinances from other Townships. He presented a petition signed by residents expressing their support for the Ordinances as well as other letters of support. He stated
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the Cat Ordinance will help with prevention of rabies and will provide a source of income to the Township. Mr. Lipsius reviewed the problems associated with feral cats. He stated there are currently three known colonies of free-roaming, feral cats in the Township, and several rabid cats have been found in surrounding areas.
Mr. Garton stated if the Board is in favor of this, they could authorize advertisement of the proposed Ordinance. Mr. Stainthorpe stated he feels they should have the Township solicitor review this first.
Chief Coluzzi introduced Ms. Nicole Thompson who is the acting as the Animal Control Officer. Ms. Thompson stated she has reviewed the proposed Ordinance and feels it would be very hard to enforce. She stated similar Ordinances have been challenged in Pennsylvania, and the Pennsylvania Supreme Court sided with the residents because of laws currently in effect. She is concerned with the number of calls they will receive every time someone sees a cat. She stated in the area she has not seen many problems with cats although she recognizes there are some residences which are problematic. Since she took over the Animal Control Officer position in 2002, she has not heard many cat complaints. She noted it is very difficult to catch a cat outdoors. She stated she feels it would be better to educate pet owners in the Township about being responsible.
Mr. Stainthorpe stated he feels the laws involving dogs are very effective. Chief Coluzzi stated they discussed the possibility of including cats in the dog Ordinance.
Mr. Stainthorpe asked the location of the feral cat colonies and asked if something could be done about that problem. Mr. Lipsius stated there is a problem with a property on Grindan Avenue where there are fifteen cats.
Ms. Thompson stated she does not feel they need a separate Ordinance and feels they could simply add this to the dog Ordinance. Mr. Lipsius stated he has no objection to this.
Mr. Fegley asked that the parties re-visit this and see if this can be melded into the existing Ordinance. He stated he feels the Ordinance seems to be geared to owned cats and he feels the bigger problem is unowned cats. He stated he is concerned that he hears that people are dropping off cats in the Five Mile Woods and there is now a colony of them. Mr. Lipsius stated he has trapped nineteen cats in his Have-A-Heart trap in his front yard. He stated there is a State law that requires Police Officers and Animal Control Officers to issue a citation for cats that are not vaccinated for rabies. He asked if they could ask the Township representatives to follow up on this.
Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to table this matter.
DISCUSSION OF EDGEWOOD VILLAGE ENHANCEMENT PLAN PROPOSAL AND MOTION TO APPOINT CARTER VANDYKE TO PREPARE PLAN
Ms. Ann Langtry was present with Mr. Carter VanDyke. Ms. Langtry stated they have been working from the 1992 Master Plan which recommended a design study and plan for Edgewood Village. This was carried out in the form of the Edgewood Village District Study done by March Associates which was accepted by the Board of Supervisors in 2002. They recently met with the Planning Commission to recap what they have done so far and
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provide input to the Master Plan Update. Phase 1 of what they have developed was shown which is the Edgewood Village Design Guidelines which has been favorably received. The Master Plan Update does refer to the next Phase which is the streetscape and this is what they are present to discuss this evening.
Mr. VanDyke stated Phase II includes two parts - to make recommendations for changes needed to the Subdivision and Land Development Ordinance and the Zoning Ordinance and to develop guidelines for streetscape enhancements. He reviewed similar work he has done in the past which has resulted in being the catalyst for private re-investment in properties. They also hope to make Edgewood Village more walkable and institute traffic calming measures. The design guidelines will be a tool which can be used to go out for Grants.
Mr. Fazzalore asked if this will be the last consultant they will need and if improvements will then be seen in the Village. Ms. Langtry stated once they have this in hand and public sewers are installed, she feels this will be the catalyst; and when developers come in, the Township will be able to tell them their vision for the Village. Ms. Langtry stated Edgewood Village is one of the few Nationally Registered Historic Districts in Bucks County.
Mr. Hackman stated this is one of the busiest intersections in the Township, and there is not much room for streetscapes because of the narrow roads and the proximity of the existing homes to the roads.
Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to appoint Carter VanDyke to prepare the Edgewood Village Enhancement Plan at a cost of $15,948.
APPROVAL OF RESOLUTION NO. 2028 ADOPTING THE LOWER MAKEFIELD TOWNSHIP EMERGENCY OPERATING PLAN
Chief Coluzzi stated some time ago the Board adopted the Emergency Management Plan for the Township. Since that time the State has advised that every two years the Township must update the Resolution. He stated that after approval, the Plan will be sent to the State.
Mr. Hackman moved, Mr. Fazzalore seconded and it was unanimously carried to approve Resolution No. 2028 Adopting the Lower Makefield Township Emergency Operating Plan.
POLICE DEPARTMENT COMMENDATIONS
Mr. George Schrader stated recently there was a perpetrator who was apprehended by the Police, and he thanked the Police Department for their work in this matter.
Mrs. Godshalk also acknowledged Officer Timothy Reeves for the work he did recently involving a small child involved in an accident.
APPROVAL OF MEEHAN TRACT DEVELOPMENT AGREEMENT
Mr. Garton stated the staff has recommended approval. Mr. Stainthorpe moved,
Mr. Hackman seconded and it was unanimously carried to approve the Meehan Tract Development Agreement.
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APPROVAL OF TOWERING OAKS OF YARDLEY DEVELOPMENT AGREEMENT AND FINANCIAL SET-ASIDE AGREEMENT
Mr. Garton stated the staff has recommended approval. Mr. Stainthorpe moved,
Mr. Hackman seconded and it was unanimously carried to approve the Towering Oaks of Yardley Development Agreement and Financial Set-Aside Agreement.
REVIEW INFORMAL SKETCH PLAN FOR LIBERTY PROPERTY TRUST
Mr. Bruce Hartlein was present. Mr. Garton stated the subject property is the current water company facility off of Township Line Road near the Fleming Farm. Mr. Hartlein stated Liberty Property Trust is the equitable owner. The water company was pumping and bottling water from wells on the site, but they were bought by a larger company and they suspended the bottling operation so they no longer need this much space. He stated his company proposes to build an office building similar to the office buildings in the area. They will take down the existing building. The footprint of the new building will be approximately the same as the existing building. There is currently an oversized basin on the property. Mr. Hartlein stated they plan to meet the Zoning requirements.
Mr. Fegley stated he is concerned with the amount of the proposed parking. Mr. Hartlein stated they will be increasing the impervious surface but they still meet the Ordinance requirements. Mrs. Godshalk stated she would want to make sure that they are within the limits of the permitted impervious surface. Mr. Fegley stated he would not be in favor of any Variances. He is also concerned that this will impact the traffic on Township Line Road. Mr. Hartlein stated they do not expect they will need any Variances.
Mr. Hartlein provided a package to the Board of Supervisors showing pictures of some existing buildings they have constructed. He stated their company was founded by Willard Rouse approximately thirty years ago, and ten years ago they went public. They have operations on the East Coast, in the mid-West, and in London. He reviewed some of their local businesses in the area. Mrs. Godshalk stated the Township would like to have some design input adding that they are favor of stone and brick and natural materials.
APPROVAL OF RESOLUTION NO. 2030 AMENDING SEWER RENTAL FEE SCHEDULE
Mr. Fazzalore moved and Mr. Fegley seconded to approve Resolution No. 2030 amending the Sewer Rental Fee Schedule.
Mr. Garton reviewed the rates per thousand gallons and the minimum rates to be charged.
Mr. Fazzalore stated this represents a 10% increase over the prior year and is the first increase in fifteen years. He stated the Sewer Authority recommended this increase because of the number of improvements they need to make to the sewer system.
Motion to approve carried unanimously.
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APPROVAL OF FEBRUARY 3 AND FEBRUARY 18, 2003 WARRANT LISTS, AND
JANUARY, 2003 PAYROLL
Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to approve the February 3, and February 18, 2003 Warrant Lists, and January, 2003 Payroll as attached to the Minutes.
ZONING HEARING BOARD
The Thomas J. Mack Construction Zoning Hearing Board matter for the property on West Ferry Road owned by Paul & Elizabeth Sullivan was noted. Mr. Garton stated they wish to construct a single-family dwelling violating the special set-back from Pine Grove Road and exceeding the resource protection ratio for woodlands. Mr. Garton stated the Board had previously discussed this and asked that the Solicitor appear to insure that they request the minimum relief necessary. The Applicant is now going to file an amended Application and he recommended that the Board table the matter at this time.
Mr. Fegley moved, Mr. Stainthorpe seconded and it was unanimously carried to table pending re-filing of the application.
Mrs. Godshalk stated they were considering visiting a Golf Course on March 18 or March 19, and those interested in attending should advise her of their interest.
Mr. Hackman stated the construction of the Golf Course has stopped at this time due to the weather. He feels they will still be able to open on time.
Mr. Fegley noted the Township Earth Day Celebration will be held on April 26. He noted Ms. Liney has done a fantastic job organizing the Event. He stated children from Afton School are scheduled to put on a performance during the Event.
APPROVAL OF RESOLUTION NO. 2029 TAKING EDGEWOOD ROAD BACK FROM PENNDOT
Mr. Fedorchak stated the Board had expressed interest in taking over Edgewood Road, however they were concerned about the condition of the bridge close to Sandy Run Road. The Township advised PennDOT of this concern, and PennDOT advised that they had done repairs to the abutments and inspected the bridge and have determined that the bridge is in sound shape and need not be weight restricted or is in need of any immediate repairs. In the Resolution of Acceptance, they have excluded all bridge structures and the Township will not be accepting these. It was noted they also excluded the Railroad tracks. It was noted this acceptance is for the entire road all the way down to River Road even though the Township calls this portion Black Rock Road. Mr. Fazzalore stated he felt the Board was only interested in taking back Edgewood Road up to Yardley-Morrisville Road.
Mr. Stainthorpe stated this was the original intention but they were then told that they would be taking it back all the way to River Road.
March 3, 2003 Board of Supervisors - page 12 of 12
Mr. Hackman stated he received a call from a resident who did not agree that the Township should take back Edgewood Road, and he had agreed to pass this comment on to the Board of Supervisors. Mr. Hackman stated the main reason they were considering this action was to increase the safety between Edgewood School and Sandy Run Road by decreasing the speed limit in this area. Mr. Stainthorpe stated the existing speed limit is 35 miles per hour and people are traveling 60 miles hour. Mr. Fedorchak stated regardless of who owns the road, the obligation remains to perform the engineering study before they can lower the speed limit. He stated if they reduce the speed to 25 miles per hour and do not have the study, it would not be enforceable. Chief Coluzzi stated he does not feel they want to put an officer in jeopardy of enforcing something that is not enforceable.
Mr. Garton stated they could put crosswalks in the road that are delineated in bricks, and install raised crosswalks and other traffic calming devices.
Mr. Fazzalore moved and Mr. Stainthorpe seconded to approve Resolution No. 2029 taking Edgewood Road back from PennDOT.
Ms. Marie McGowan asked what they are losing from the State by proceeding on this.
Mr. Williams stated the Township will get a lump sum of money up front in the amount of $268,000 for repairs to the road. They will also continue to get liquid fuels money. They will no longer get the extra money they currently receive to snow plow this road.
Mrs. Godshalk asked if the $268,000 would be put in a separate account, and
Mr. Fedorchak stated it would be put in Street Escrow Reserve. Ms. McGowan stated there is currently a double yellow line. Mrs. Godshalk stated it is one solid yellow line and no passing is permitted. Ms. McGowan stated she is concerned that no one will travel the required 25 miles per hour if the speed is lowered and cars will try to pass those who are traveling the proper speed. She stated educating the drivers might be more important than lowering the speed limit. Mr. Hackman stated the only area where they would be interested in lowering the speed limit would be between Edgewood School and Sandy Run Road.
Ms. Diane Mayes asked about a light at the intersection of Edgewood Road and Oxford Valley Road, and Mr. Williams stated they have met the warrants and construction should take place in 2003.
Motion to approve carried unanimously.
APPROVE CANCELING APRIL 7 MEETING DUE TO STATE CONVENTION
Mr. Hackman stated it appears they will not have a quorum able to attend the Supervisors meeting due to the number of Supervisors attending the State Convention.
Mr. Hackman moved, Mr. Fegley seconded and it was unanimously carried to cancel the April 7 meeting.
There being no further business, Mr. Stainthorpe moved, Mr. Fegley seconded and it was unanimously carried to adjourn the meeting at 10:30 p.m.
Frank Fazzalore, Secretary