BOARD OF SUPERVISORS
MINUTES – FEBRUARY 2, 2004
The regular meeting of the Board of Supervisors of the
Board of Supervisors: Frank Fazzalore, Chairman
Pete Stainthorpe, Vice Chairman
Scott Fegley, Secretary/Treasurer
Grace Godshalk, Supervisor
Steve Santarsiero, Supervisor
Others: Terry Fedorchak, Township Manager
Jeffrey Garton, Township Solicitor
Robert Williams, Township Engineer
Kenneth Coluzzi, Chief of Police
Mr. Samuel Conti,
Mrs. Godshalk’s opposition.
(Mr. Santarsiero was not a Supervisor when the vote was taken). He reported on incidences of drunk driving
including statistics obtained from Mothers Against Drunk Driving. He stated he does not feel the Township
should be involved with this by supporting the sale of alcohol in the
Township. He noted current changes in
Mrs. Godshalk moved that they not have an alcohol sales permit.
Mr. Santarsiero stated he feels they should rescind the prior Motion.
February 2, 2004 Board of Supervisors – page 2 of 15
Mrs. Godshalk moved and Mr. Santarsiero seconded to rescind the prior Motion of December 15, 2003 to apply for a liquor license.
Mr. Bob Slamen,
Mrs. Godshalk stated in 1948 the
Mr. Stainthorpe stated he objects to the term “loophole.” He stated they are permitted by law to apply for a liquor license. He stated the Township has no authority to grant or deny a liquor license as the Pennsylvania State Liquor Control Board has this control. If businesses in the Township would like to serve alcohol, he suggests that they get behind a petition drive and put it on the ballot as they would be the ones to benefit from this.
Mrs. Godshalk stated members of the Veterans Legion came to her and asked why they also could not have alcohol if the Township is permitted to have it at the Golf Course.
Mr. Santarsiero thanked Mr. Conti for making his presentation. He stated Mr. Stainthorpe is correct that it is not a “loophole;” however, his concern is this was done without a full airing in public whether this was the right thing to do. He stated it may be that most people in the Township feel it is a good idea to do this to help insure that the Golf Course succeeds; however, he feels this is an important issue for the Township and if they are going to change this in any significant way, which he feels this is, it should be done after a full and open debate. He feels the correct way to do this is to have a Referendum. He feels the Board of Supervisors addressed this at the “eleventh hour” and at a time when not too many people were present.
Mr. Fazzalore called for the question. Motion died and no action was taken as
Mrs. Godshalk and Mr. Santarsiero voted in favor, Mr. Fazzalore and Mr. Stainthorpe opposed, and Mr. Fegley abstained.
Ms. Sue Herman noted the letter she sent to the Board of Supervisors
regarding the latest near miss which occurred on
February 2, 2004 Board of Supervisors – page 3 of 15
fully-loaded quarry truck. She asked that the Board of Supervisors lobby all involved to review Newtown Township’s ill-conceived TIP project which is the Stoopville Road Rehabilitation Project which she feels is a dangerous project as it will encourage more trucks at higher speeds. She feels this will result in covert implementation of the Northern By-Pass.
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was
unanimously carried that the Board of Supervisors is opposed to the Stoopville
Road Rehabilitation Project. This
clarifies written opposition and future oral opposition at both the meeting in
Ms. Herman will provide to Mr. Fedorchak.
Ms. Beth Cowley,
Mr. Fred Allan stated the past two days he has been reading
about the KOZ proposed for
Mr. Fazzalore stated it has been indicated that jobs will be created for people in the area who have been unable to obtain positions if this KOZ is approved. He stated he is concerned that once the incentives are used up, the firms will then move out.
Mr. Stainthorpe stated he feels Mr. Allan should make this
presentation to the School Board and the
Mr. Santarsiero stated he feels they should put this on as an Agenda item for the next meeting and consider it further at that time.
Mr. Victor Fiori,
Mr. Fedorchak stated they are trying to correct these problems.
February 2, 2004 Board of Supervisors – page 4 of 15
APPROVAL OF MINUTES
Mr. Fegley moved and Mr. Santarsiero seconded to approve the Minutes of January 21, 2004 as corrected. Motion carried with Mr. Fazzalore and Mrs. Godshalk abstained.
APPROVAL OF JANUARY 5, 2004 AND JANUARY 19, 2004 WARRANT LISTS AND DECEMBER, 2003 PAYROLL
Mr. Fegley moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the January 5, 2004 and January 19, 2004 Warrants Lists and December, 2003 Payroll as attached to the Minutes.
I-95/SCUDDER FALLS BRIDGE IMPROVEMENT PROJECT PRESENTATION
Mr. George Alexandridis, P.E., Chief Engineer and Project Manager, DRJTBC was present and introduced the following: Bijan Pashanamaei, P.E., Consultant Project Manager, DMJM+Harris, Joe Grillia, P.E., Environmental Manager, HNTB Corporation, Christine Bishop-Edkins, AICP, Public Involvement Mgr., DMJM+Harris, Linda Spalinski, Director of Strategic Planning & Community Affairs, DRJTBC, Laura Blackstone, Public Consultant, and Commission McMenamin from Ewing Township.
Mr. Alexandridis stated there was a two-year study done involving the four bridges.
The study ran from
Mr. Pashanamaei presented a video showing the project
location and needs and how they obtained input.
He stated the project length is 4.4 miles of I-95 and extends through
Lower Makefield and
They will do an environmental assessment, and the scope of this was reviewed. They will also consider existing noise levels and will monitor the improvement they will be making and the noise impact after the improvement. He stated they do have a public participation plan which will give the public an opportunity to ask questions and discuss issues. They will also have Open Houses on both sides of the River. When the environmental document is ready, they will have a public meeting to present it. He noted
February 2, 2004 Board of Supervisors – page 5 of 15
ways the public can obtain information and stated signs will
be posed on either side of the River with the contact information. Press Releases will also be issued. Mr. Pashanamaei reviewed the alternatives
they have considered to date including not building anything, widening,
collector/distribution option, and a new bridge. He stated for I-95 there are currently two
lanes on either side and they are looking at whether they can widen to the
inside or widen to the outside. He
stated they are also looking at improvements to the Route 332, Route 29, and
Mr. Victor Fiori asked about the location of a new bridge, and Mr. Pashanamaei stated they are looking at both north and south. Mr. Fiori asked about a pedestrian access on the bridge, and Mr. Pashanamaei stated they are looking into this.
Mr. Fegley asked how far south they will go in the study,
and Mr. Pashanamaei stated Route 332 is the southerly limit. Mr. Fegley stated PennDOT is currently in the
planning and engineering stage of an improvement at Route 332 and I-95 and
asked if they are coordinating their project with them. Mr. Pashanamaei stated the improvements at
the Route 332 Interchange which is the addition of a loop ramp will be incorporated
into this project. They are in
continuous communication with PennDOT, and they are part of the bridge
project. Mr. Alexandridis stated their
jurisdiction ends at the
Mrs. Godshalk noted the loop ramps on the western side and
asked how they visualize them on the southeast and the northeast at
Mr. Richard Gauck,
Ms. Dana Weyrick,
February 2, 2004 Board of Supervisors – page 6 of 15
result in a good flow of traffic for this type of interchange. They also hope that growth will be stabilized by 2030. Mr. Alexandridis stated they will provide on the Website a basis by which they can judge what it would mean to have a Level of Service D, and he feels the public will be satisfied with this.
Mr. Pat Kelly,
Mr. Don Camp, Maplevale, noted the existing noise from the Bridge, and stated he feels this project will double the noise. He asked about noise abatement. Mr. Pashanamaei stated there are some things they can incorporate into the bridge to help with noise as well as installing a slightly higher barrier. They will take sound measurements. The goal is to reduce the existing sound.
Mr. Steve West,
Mr. West asked if additional trees could be considered, and Mr. Pashanamaei stated walls and trees will both be considered.
Mr. John Bissert,
Mr. James Hold asked if this project qualifies for Federal Funds for noise abatement, and Mr. Pashanamaei stated this would depend on the impact. Mr. Grillia stated it is a Type I project.
Mr. Victor Fiori stated storm water problems were created by this project when it was first built. Mr. Pashanamaei stated they will look into this.
Ms. Virginia Torbert,
Mr. John Murray,
February 2, 2004 Board of Supervisors – page 7 of 15
Ms. Diane Hatfield,
Mr. Pashanamaei stated this is an option they will consider. He stated there are some geometric constraints involved with that option.
Ms. Maureen Holstrum,
Mr. Fazzalore stated this is very preliminary at this time and once the study is complete, they will have more details. He stated the Township will invite them to come back to the Township and address the residents again.
One woman asked that they provide a key on the Website for the various agencies being referred to.
Mr. Pashanamaei stated they will hold an open house in the
spring and another once the alternatives are considered. One of these meetings will be in
PUBLIC HEARING AND APPROVAL OF CONDITIONAL USE FOR SHADY BROOK FARM, INC.
Mr. Garton incorporated the various Township files into the record. He noted public notice was provided. The Board received a recommendation from the Planning Commission as well as the Application and the various review letters in their packet.
Mr. Don Marshall, attorney, was present with Mr. David
Fleming, one of the principals, who was sworn in. Mr. Marshall stated this Application is to
expand the existing Farm Market on the Shady Brook Farm parcel. The three parcels in
February 2, 2004 Board of Supervisors – page 8 of 15
Mr. David Fleming stated he resides on the Shady Brook Farm property with his brother, both of whom actively farm the property along with other members of the family. Currently there is a farm market of slightly more than 2,000 square feet. They also have an existing greenhouse, a portion of which is used for retail sales. They propose a 6,000 square foot addition to the greenhouse which will have 750 square feet set aside for the retail portion and the balance to be in production and not open to the public. They also propose an addition to the market space. Mr. Fleming stated the expansion will go a long way to help them continue farming the property. They rely heavily on the retail portion, but it is secondary to the actual farming operation. They are also proposing connecting the market to public sewers.
Mr. Fleming noted the total of the three parcels in Lowe
Makefield is 81.25 acres and they have frontage on both
The Township engineer’s review letter dated 1/7/04 was noted, and Mr. Fleming agreed to comply with all conditions of that letter.
Mr. Marshall stated the Planning Commission recommended that they limit sales to those items authorized by Ordinance, and they have agreed to this. The Planning Commission also recommended that they would like to see some additional plantings at the entranceway to dress up the area, and they are willing to do this subject to approval by the Township.
Mr. Fazzalore stated he does not feel the mulch and other
items look attractive stored along
Mr. Stainthorpe asked if their plan would be to sell more bulk animal feed, and
Mr. Fleming stated they would like to do this. Mr. Garton stated they are constrained by
February 2, 2004 Board of Supervisors – page 9 of 15
the Ordinance. Mr. Stainthorpe stated he feels they have
made a thriving business, and he would like to see their business continue to
thrive. He does agree with Mr. Fazzalore
that the appearance from
Mrs. Godshalk stated they considered the Ag-Business Ordinance approximately ten years ago, and she feels this is a way to help the farms stay in the community. She wished the Flemings good luck. Mr. Santarsiero agreed, and stated he feels this is an asset to the Township.
Mr. Marshall stated he feels this is very unique because this is in a residential zone. He would hope that they could keep this farm as long as possible.
Ms. Virginia Torbert stated if the Township is in the
business of aesthetics, they should begin with removal of the leaf pile in front
of the Patterson Farm and the mulch piles across from the
Mr. Paul Krupp,
Mr. Tom Morelli,
Mr. Stainthorpe moved and Mrs. Godshalk seconded to grant the Conditional Use for Shady Brook Farm subject to:
1) Receipt of all permits and approvals by agencies having jurisdiction;
2) Compliance with PCS letter dated 1/7/04;
3) Only products authorized by Ordinance may be sold at the retail farm
4) Payment of all Township expenses associated with the Application;
5) Applicant to execute a written Agreement with the Township to be
recorded in accordance with Section 200-69A49 of the Ordinance;
6) Applicant to place additional landscaping at the entrance not to interfere
with clear sight distance and the actual placement and type to be at the
Township Manager’s discretion;
7) Market to be connected to public sewers.
8) Owners will look into moving the mulch piles.
Mr. Marshall agreed to the Conditions and the Motion carried unanimously.
February 2, 2004 Board of Supervisors – page 10 of 15
GOLF COURSE DISCUSSION
Mr. Frank Draper was present. Mr. Draper stated it was found that the Manor
House was not a viable site for the Clubhouse due to restoration costs,
upgrades to meet
Mr. Fazzalore stated they should keep the Township Manager fully informed as to what is being done. Mr. Draper stated the Committee will not set policy or negotiate.
Mrs. Godshalk stated it may have to be done on a lease basis.
Mr. Fegley stated he had a similar idea for a corporate retreat for the Patterson Farm.
He stated rather than simply seeking interest by corporations to buy the Manor House and use it for themselves, he would prefer that the Township consider developing it themselves and turning it into a revenue-generating facility. Mr. Draper stated they do not intend to give corporations the option to buy it, and it would only be a lease.
Mr. Stainthorpe stated all they are discussing at this point is having a Committee look into whether there are corporations interested in using it.
Mrs. Godshalk stated there was a good revenue stream from the Tomlinson Store, and she is sorry that a majority of the Board agreed to sell it.
Mr. Santarsiero asked the square footage of the Manor House. Mr. Draper stated this would be misleading because the third floor is cut. The bottom level would be the one to look at. The main room is 20’ by 20’, and there is a large foyer, a kitchen, restroom, and another large room.
It was the consensus of the Board of Supervisors that they should explore business uses for the Manor House.
Mr. Draper stated at the last Golf Course Committee meeting, Mr. Hoffmeister made a presentation on the Sewer Authority’s discussions about the Chanticleer Development’s
February 2, 2004 Board of Supervisors – page 11 of 15
sewer service being routed through the Golf Course. The Golf Committee made a recommendation to the Board of Supervisors that the Township exhaust all other options at its disposal to find a solution other than routing the sewers through the Golf Course.
Mr. Fazzalore stated there are some problems because the
sewers for Chanticleer would have to go to
Mr. Hoffmeister was present and concurred with Mr.
Fazzalore. Mrs. Godshalk stated she has
not seen any plan going up the rear yards.
Mr. Hoffmeister stated CKS created a conceptual drawing which was shown
to the Golf Committee. Since that time
another suggestion was made which would not involve crossing the infrastructure
of the Golf Course. The Chanticleer
developer was present this evening. Mr.
Hoffmeister stated there is a way to take it to the Farmview pump station at
Kimbles Field and then go to
Mrs. Godshalk stated the existing residents would have to be contacted. She stated she understands that many of the residents do not want the sewers, and this would be going against the will of the people. She stated if they do agree, it should go in the front in the right-of-way and not across the Golf Course. Mr. Hoffmeister stated what they are suggesting would not involve any infrastructure and would not impact the greens.
Mrs. Godshalk stated she is against crossing anything of an investment of this nature.
Mr. Hoffmeister stated they are looking at the possible option noted by Mr. Fazzalore and they will have an answer in two weeks for the Board of Supervisors. Mr. Fazzalore stated they are only discussing a force main, and it does not have to do with sewering Delaware Rim. Mr. Hoffmeister stated what is being suggested is a parallel line to the rear of Delaware Rim. It would involve some Golf Course property but would only involve the perimeter of the Golf Course and would not impact the property of the homeowners on Delaware Rim. Mr. Fazzalore stated this is not the gravity system for the homes on Delaware Rim which would have to go up the front of the homes.
Mrs. Godshalk asked who would pay for this, and Mr. Hoffmeister stated at this point only he and the engineers are looking into this. Mrs. Godshalk stated if this is helping the developer, she feels the developer should pay for it 100%.
February 2, 2004 Board of Supervisors – page 12 of 15
Mr. Richard Gauck, Chairman of the Sewer Authority, stated all they are asking for now is to delay this for two weeks to allow the developer’s engineer and CKS to look at the alternatives. The force main will not serve any homes on Delaware Rim.
Mrs. Godshalk stated she feels the developer should pay for
this since it is facilitating the Chanticleer Development. Mr. Gauck stated
Mr. Stainthorpe stated he is in support of the Golf Committee’s decision not to take it across the Golf Course. Mr. Gauck stated they agree that there cannot be a delay to the opening of the Golf Course.
Mr. Pat Frain,
Mr. Fazzalore asked if the Golf Course Committee is discussing the fees. Mr. Draper stated they are looking into this and some preliminary plans for a fee structure have been considered. They will have a special meeting on February 11 and this is one of the topics they will discuss as well as the marketing for the Opening and the hiring of a General Manager.
DISCUSSION AND APPROVAL OF REVISION TO MEMORIAL PARK PLAN
Ms. Ellen Saracini and Ms. Liuba Lashchyk were present. Ms. Saracini stated they provided a copy of the Preliminary Site Plan to the Board of Supervisors. Mr. Fazzalore asked if the Park & Recreation Board has approved the revisions, and Ms. Saracini stated they did. She noted some neighbors were present at that meeting as well. Ms. Saracini noted the location of the parking lot which has changed. She stated there is also a direct entranceway into the Garden and the parking lots and the walkways lead into the Memorial. The Donor Wall location has also been changed. The walking path has been curved to go along with the Memorial shape. Trees and shrubbery at the entranceway and on the walkway to the Memorial were shown on the Plan. The maintenance building has also been combined with the comfort station so that it is all one building rather than two separate buildings.
Mr. Stainthorpe moved, Mr. Fegley seconded and it was unanimously carried to approve the design as presented.
February 2, 2004 Board of Supervisors – page 13 of 15
LIBERTY PROPERTY LIMITED PARTNERSHIP – APPROVAL OF PRELIMINARY PLAN
Mr. Bruce Hartlein, Mr. John Hunt, and Mr. Erik Ostenchuck,
Traffic Engineer, were present. Mr.
Garton noted this site was previously a bottled water facility and is located
Mr. Hartlein stated the Planning Commission had indicated that they would like to see the driveways line up with those across the street; however if they were to move the northernmost driveway, it would result in an unsafe condition on the site because of the sharp turn which would need to be made. He stated the southernmost driveway does line up with the driveway across the street; and if there were to be a light installed on this road at some point in the future, it would most likely be at this location. They feel the two driveways are necessary on their property because of the size of the site.
Mr. Santarsiero stated his concern is that there is no shoulder, and cars are traveling on this road at high speeds. Mr. Ostenchuck stated there is 250’ separating the two driveways. He stated the second access is also good for emergency access.
Mr. Stainthorpe stated he would prefer that the northern driveway be a right-turn in and right-turn out to avoid a dangerous situation. Mr. Fazzalore stated he is concerned that if drivers want to go up to I-95, they will just go up and make a U-turn. Mr. Williams asked if all the left movements had to come out the southern driveway, would this warrant a light; and Mr. Ostenchuck stated he does not feel it would. He stated a right-in and right-out only would have a negative impact on the internal flow of the traffic.
Mr. Hartlein stated they did follow the Ordinances in designing the Plan as shown.
Mr. Williams stated while they did meet Township Ordinances, he is not sure that when the Township Ordinance was written, it contemplated five lanes of traffic. He stated the roadway volumes are not as high as the cross section would indicate they are; however, he is concerned with people from both sides using the center lane. Mr. Hunt stated the northernmost drive is their main drive coming into the building. Mr. Ostenchuck suggested ways they could stripe the road to make it safer.
February 2, 2004 Board of Supervisors – page 14 of 15
Mr. Stainthorpe moved and Mr. Santarsiero seconded to approve the Preliminary Plan for Liberty Property Limited Partnership Plan dated 7/14/03, last revised 10/24/03 subject to:
1) Receipt of all permits and approvals by agencies having jurisdiction;
2) Compliance with PCS letter dated 1/7/04 including payment for any
3) Compliance with CKS letter dated 11/26/03;
4) Applicant to implement recommendations made by Traffic
Consultants dated 6/16/03, page 8;
5) Compliance with LMT Traffic Impact Fee Ordinance;
6) Defer to Final Plan adjustments to the northern and southern driveways
consistent with the traffic advisor’s recommendations on goring;
7) Between now and Final insure that the landscaping of driveways is
consistent with clear site distance.
Mr. Hartlein agreed to the Conditions, and the Motion carried unanimously.
APPROVE EXTENSION FOR THOMAS GOUGH MINOR SUBDIVISION
Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the extension for Thomas Gough Minor Subdivision until 5/6/04.
APPROVE EXTENSION FOR DEDICATION OF DOLLINGTON I, PHASE IV
Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the extension for Dedication of Dolington I, Phase IV to 2/16/04.
Mr. Santarsiero stated the Emergency Management Committee will meet on February 24.
APPROVE AGREEMENT WITH K. HOVNANIAN REGARDING IMPROVEMENTS
Mr. Stainthorpe moved, Mr. Santarsiero seconded and it was
unanimously carried to approve the Agreement with K. Hovnanian regarding
improvements to the intersection at
February 2, 2004 Board of Supervisors – page 15 of 15
Mr. Fedorchak stated he provided a copy of the letter they
sent to PennDOT and the Grant Application for the traffic calming measures which
were discussed previously for
Mrs. Godshalk stated Mr. Steil discussed this at a meeting two years ago.
There being no further business, Mr. Stainthorpe moved, Mr. Santarsiero seconded, and it was unanimously carried to adjourn the meting at 10:20 p.m.
Scott Fegley, Secretary