BOARD OF SUPERVISORS
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
James Majewski, Township Engineer
Kenneth Coluzzi, Chief of Police
Mr. Zachary Rubin,
Mr. Sam Conti,
Mr. Garton stated as a Second Class Township when you choose to have the books audited by an outside firm, the responsibilities of the Board of Auditors are limited to recommending the amount of compensation for the Treasurer and setting the Treasurer’s Bond. Mr. Conti asked if they could pay them to look at the financial plan for the Golf Course in order to employ checks and balances to make sure there is no theft or fraud. Mr. Fedorchak stated he met with the Board of Auditors in January, and one of their requests was to become familiar with and to receive information about the budgets for the Golf Course and other Golf Course financial information. He indicated that he would provide this to them. He feels they want to become involved in understanding the financial picture of the Golf Course. Mr. Fazzalore stated they do provide them information after the outside auditors complete their audit. Mr. Conti asked if there are not other things the Board of Auditors can do since their services are free. Mr. Garton
stated their services are not free and they are entitled to a daily stipend of approximately $50 a day. Mr. Conti asked if there is a financial plan for the Golf Course, and
Mr. Fazzalore stated there has been a plan since the beginning. Mr. Conti asked if there is a six month plan, and Mr. William Taylor stated they will present this at the next meeting.
Mr. George Davenport,
Ms. Sue Herman thanked Mrs. Godshalk, Mr. Santarsiero, and
Mr. Stainthorpe for attending the meeting last week at the College. She asked if the Regional Coalition which
will be meeting on May 20 will be a continuation of the dialogue that started
Mr. Santarsiero stated all Townships agreed to continue
collectively to try to address this issue.
Mr. Stainthorpe stated he came away with the understanding that the
culvers will be fixed. He also feels the
efforts at traffic calming for
Ms. Herman stated RTS feels half measures will not do the job with traffic calming. She asked what the forum will be on May 20, and Mr. Santarsiero stated the public is invited. The meting will begin at
Ms. Virginia Torbert,
Mrs. Godshalk stated this is not the
CONFIRMATION OF EAGLE SCOUT PROCLAMATION FOR SEAN WOLODZKO
Mr. Fazzalore noted the Proclamation confirming the Rank of
Eagle Scout for Sean Wolodzko whose Court of Honor was held
APPROVAL OF MINUTES
Mr. Fegley moved and Mrs. Godshalk seconded to approve the
APPROVAL OF APRIL 5 AND
Mr. Fegley moved, Mr. Santarsiero seconded and it was
unanimously carried to approve the April 5 and
Mr. Fazzalore noted the large sum in the basin fund and asked if they could transfer any of this. Mr. Fedorchak stated they do take some equipment and salaries out of this, but they cannot transfer funds out of this to other accounts. Mr. Fazzalore stated under Capital Equipment he would like to see them take $1.5 million from the $3.8 million and put a line in for the Fire Station since this is what the money was borrowed for.
Mr. Fazzalore stated he hopes the transfer taxes start coming in better than they have.
Mr. Fazzalore stated with very few exceptions, most Departments are within budget.
He thanked the Chief for cutting the overtime. Mrs. Godshalk stated salt and snow removal expenditures were also down.
DISCUSSION OF NEW COMMONWEALTH OF
Mr. Russell McLaughlin, President, Building Inspection
Underwriters, was present to discuss the new Code. He stated when they wrote the Code in 1993,
they wrote amendments to strengthen the Code.
The Township is able to get these amendments if they adopt the new
Code. If the Township opts out, the
State would come in and inspect the commercial construction and the residents
would have to hire their own inspectors.
The other option is to opt in and enforce the Building codes. If this is the case, there would be an updated
Code that would be enforced and current system for inspections would continue. He noted one or two of the new regulations
are cumbersome. He stated there is more
latitude with regard to historic plans.
He stated the time element for approval has been greatly shortened; and
from an administrative standpoint, they may have to readjust how they handle
permits. He stated
Mr. Fazzalore asked if this does not give L & I the right to come in and inspect at any time, and Mr. Garton stated this is only true if they decide to opt out. Mr. McLaughlin stated there are additional items the Building Inspectors will have to review. Mr. Garton stated they need to indicate that they want to opt in. He will prepare an Ordinance indicating they are opting in and the additional items they wish to include that are not in the Building Code.
Mr. Stainthorpe moved and Mrs. Godshalk seconded to opt in and instruct the Solicitor to prepare an Ordinance including those additional items that they wish to have modified.
Mrs. Godshalk stated she is very concerned that they allow inserts in the fireplaces and chimneys as well as vinyl in the chimneys as she is concerned that this can result in a fire.
Mr. McLaughlin stated they have concerns that they could get into restrictions of trade since those are approved devices. At this time he would have to look into whether there is a way to end run that prohibition. They would have to go to the Sate and present compelling reasons as to why they wish to modify the Code. Mrs. Godshalk stated she does feel they have a compelling reason because of the fires that have taken place in the Township. She noted specifically the fire that occurred at Big Oak Bend.
Mr. McLaughlin agreed to look into what options are available.
Motion carried unanimously.
CANAL INTERCEPTOR EMERGENCY REPAIRS DISCUSSION AND MOTION TO APPROVE EXPENDITURES
Mr. Hank Hoffmeister, Mr. Tom Zarko, Mr. Richard Gauck, Mr. George Davenport, and Mr. Martin Healey were present. Mr. Hoffmeister stated three weeks ago they discovered a blockage in the line that serves approximately 75% of the Township. Mr. Hoffmeister stated they had to make immediate repairs. He stated the Bucks County Department of Health indicated that the sewage that entered the stream and the Canal was not sufficient to create any problems. They hired a contractor who began work on the collapsed pipe and they found some additional deterioration of the forty year old pipe. They decided one week ago to contract for additional repairs. There was some problem getting the work done because of the weather. All agencies having jurisdiction have been advised of the work being done. Mr. Hoffmeister stated the blockage is now gone.
Mr. Garton stated since this was an emergency, it was his opinion that they could proceed; but the Board of Supervisors needs to ratify the decision made.
Mr. Zarko stated some years ago they started a program where they would video, flush, and identify problems along the sewer lines. He stated they have identified some areas upstream; and this year in the Budget there were funds budgeted to video the next section for 5,000 feet of pipe. They are not sure of the condition of the remaining section of pipe. He stated he is not sure whether it was the result of the obstruction that this section was so bad or whether isolated sections are falling into disrepair.
Mrs. Godshalk asked the normal lifespan of this type of pipe. Mr. Zarko stated concrete pipe is not really compatible to severe sewer gases. He noted the sewage from a force main has more gases, and this may be the reason why they are seeing these problems since there are a lot of force mains going though this pipe. Mr. Hoffmeister stated this pipe has been in place since 1964 or l965. Mr. Zarko stated they have proposals for the 280’ pipe, and they feel they should proceed with this now and do the work on a time and materials basis. They estimate this will cost approximately $37,000 for the pipe and the time involved would be approximately $40,000 to $50,000 additional. Mr. Hoffmeister
stated this will negatively impact the Sewer Budget. He stated they will have to work
with the Sewer Authority and make a recommendation to the Board of Supervisors how to address the Township’s rate structure. He stated they will be over Budget for this line item, and he has so advised the Finance Manager.
Mr. Santarsiero asked when they planned to video the entire line, and Mr. Zarko stated this should take approximately three years to complete. Mr. Santarsiero asked if they were comfortable with this, and Mr. Hoffmeister stated that given the cost factor involved he feels it is reasonable; however, given the past three weeks he is not altogether certain, and they will discuss this with the Sewer Authority and get a recommendation.
Mr. Gauck stated the Sewer Authority has been aware that the trunk line had to be addressed, and they authorized CKS to plan this yearly program of televising and assessing the needs of the trunk line. He stated he feels the pipe line should have been replaced several years ago. They would like to consider a plan that is more feasible than doing this on an emergency basis.
Mr. Fazzalore stated they have $2.1 million in their funds at the current time so that they can proceed with this work.
Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the emergency expenditures in the amount of $104,377 and approve an additional 280’ on a time and materials basis at a cost of approximately $100,000.
Mr. Fedorchak complimented Mr. Hoffmeister, the Sewer Department crew, and
Mr. Zarko who were able to identify the problem and correct it quickly while following proper protocol. Mr. Fazzalore thanked them as well on behalf of the Board.
DISCUSSION AND MOTION ON
Mr. Hoffmeister stated CKS was asked to conduct an on-lot survey of the Delaware Rim/Sunny Knoll area in “anticipation” of public sewering of these areas.
Mr. Hoffmeister stated they did send out information to the residents. Of the information they received back, 50% were in favor of this, 30% to 40% were not in favor, and the rest were in favor depending on the cost. He stated this study was done in other areas of the Township in the past. Mr. Gauck stated the survey responses do not reflect 100% participation as only slightly more than half of the residents responded to the Township.
Mr. Healey stated it will cost approximately $11,000 to do the study and they feel they need to do this to see if there is contamination of the wells and determine the condition of the sewer systems in the area. Mr. Zarko reviewed the tests done on wells. He stated it is the same testing they did in the other areas of the Township. He stated they would hope to go out into this area as soon as possible since the best time to do the study is in the spring or fall.
Mr. Fazzalore stated he will not vote on this since this
will impact his property. He stated
Mr. Hoffmeister stated the PUC does require that if enough residents in the area agree to connect, that PAWC will install the water line at their expense.
Mr. Healey stated they do not want to wait until people are calling the Public Health Department and indicating they are sick. Mr. Gauck stated several people in the area have called him and indicated that they have problems with their septic systems.
Mrs. Godshalk stated the
Mr. Santarsiero stated he is concerned with the potential of contamination in the area and the upcoming opening of the Golf Course in this area. He stated he feels it is worth $11,000 to have a sense of security.
Mr. Stainthorpe moved and Mr. Santarsiero seconded to approve the $11,500 study to be conducted at Delaware Rim and Sunny Knoll.
Mrs. Godshalk stated she will vote against this.
Mr. George Davenport stated if there is a problem with a property, the bank will not agree to a loan.
Mr. Garton stated since they are not voting to proceed with public sewers this evening, he does not feel that Mr. Fegley and Mr. Fazzalore are required to abstain.
Mrs. Godshalk stated she feels that they need to talk to the people in the area, and
Mr. Stainthorpe stated they did contact the residents. Mr. Healey stated the residents were invited to the Sewer Authority meeting when the letter was sent out to discuss a study and no one came to indicate they were against it.
Ms. Virginia Torbert stated she does not feel Mr. Fegley or Mr. Fazzalore should vote on this since they are directly impacted. She stated this is the first step in a process that will result in sewering these areas. She stated she feels the residents should have been invited to this evenings’ meeting. Mr. Fazzalore stated they have been provided with a legal opinion that it is proper for he and Mr. Fegley to vote on this.
Motion carried with Mr. Fegley, Mr. Santarsiero, and Mr. Stainthorpe in favor,
Mrs. Godshalk opposed and Mr. Fazzalore abstaining.
Mr. Fegley and Mr. Fazzalore asked that their homes not be tested. Ms. Dana Weyrick stated since this is an issue of public health, she feels all houses in the area should be checked. Mr. Fazzalore stated he will take his water to a private company since he does not want anyone to think he is getting something for nothing. Mr. Fegley stated he will also have his water tested at his own expense.
AWARD BID FOR TRAFFIC SIGNALS AT STONY HILL/BLUESTONE AND EDGEWOOD/OXFORD VALLEY ROADS
Mr. Stainthorpe moved and Mr. Santarsiero seconded to award the bid for traffic signals at Stony Hill/Bluestone and Edgewood/Oxford Valley Roads to Armour Electric at a cost of $156,355.95.
Mr. Fedorchak stated the portion for
Motion carried unanimously.
Mrs. Godshalk asked about
AWARD BID FOR INSTALLATION OF CLUBHOUSE IRRIGATION SYSTEM
Mr. William Taylor was present and stated this item was not included in the original Budget.
Mr. Stainthorpe moved and Mr. Fazzalore seconded to award the bid for installation of the clubhouse irrigation system to Bustleton Services, Inc. in the amount of $22,300.
Mr. Taylor stated this is for the grass and plantings around the Clubhouse and is a minimal system. He stated there was a pre-bid meeting, but they only received two bids.
Mr. Pete Vitella,
Motion carried with Mr. Fegley abstaining.
AWARD BID FOR GOLF COURSE LANDSCAPING
Mr. Taylor stated this was in the original plan.
Mr. Stainthorpe moved and Mrs. Godshalk seconded to award the bid for Golf Course landscaping to Moon Landscaping, Inc. in the amount of $78,700.
Mr. Sam Spera,
Mr. Fazzalore asked how they look for a July 1 opening, and Mr. Taylor stated they will make a determination on this next week. He stated Rick Jacobsen will walk the Course tomorrow. Technically he will then be done, but has agreed to come back if necessary.
They want to make sure that the trees are planted in the proper locations.
Motion carried with Mr. Fegley abstaining.
Mr. Fedorchak stated last month the Board began the process
of purchasing the thirteen acre Banko Tract abutting the Five Mile Woods. They authorized the Township Manager to make
No Board action is required.
DISCUSSION OF MEETING ON
Mr. Fedorchak stated this matter was previously discussed and they have begun the process of parceling off approximately 2.3 acres of the Patterson Farm which would be the old white house, a barn, and some of the outbuildings. He stated in 2001 the Lower Makefield Township Historic Commission had been looking into various proposals for the Satterthwaite House and what could be done to improve this property. The Township had a structural engineer and an architect inspect the house and they have reported to the Township that it would cost between $400,000 and $500,000 to properly repair the
house. This is not to bring it up to historic standards and is simply to bring it up to minimal Code standards. The Historic Commission recommended to the Board of Supervisors that the house be parceled off so that the Township could place the property out for public auction and get the house and tract into private sector hands and allow the private sector to fix the house. The Historic Commission also recommended that there be a historic façade easement placed on the structure to guarantee that it would be brought up to historic standards. Mr. Fedorchak stated he talked to the Historic Commission to revisit the issue and asked if they were still of the same opinion. They unanimously stated that they were and only wanted to revisit the details of the façade easement.
Mr. Fazzalore stated the Township has received a number of phone calls about this matter. He stated it should be made clear that they are not subdividing the Patterson Farm - they are only taking this house out and hopefully someone will purchase it and put it in good repair. This matter will be on the Agenda for the next meeting. Mrs. Godshalk stated someone from the Historic Commission should be present at the Board meeting when this is discussed, and Mr. Fedorchak stated he has asked them to attend.
Mr. Santarsiero stated he is not in favor of selling the
house, although he does recognize that it is expensive to bring it up to Code.
He stated he does recognize that they are legally permitted to subdivide this
parcel off, but he does not feel this is in keeping with the Open Space
vote. He stated he would prefer putting
this decision off
for three to four months to do research to see if there are alternatives such
as obtaining funds to help with renovations and see if there are other uses for
the house perhaps using it in conjunction with the
Mr. Santarsiero moved to put off the decision on this for three to four months. Motion died for lack of a Second.
Mr. Gary Cruzan stated if they are going to talk about the Patterson Farm, it should have been listed as an Agenda item. Mr. Fazzalore stated it is going to be discussed on
May 17, and they only listed it this evening in order to announce the meeting and let everyone know that it is going to be discussed on May 17.
Ms. Virginia Torbert stated they are proposing to subdivide the Patterson Farm. She stated it has gone before the Planning Commission as a Minor Subdivision. She stated in 1999 the Board of Supervisors voted to pursue the issue of getting the Satterthwaite House and possibly the entire Patterson farm on the Historic Register. She asked the status of this. Mrs. Godshalk stated they approved a proposal about this some time ago and Ms. Heinz has been hired by Ms. Stark to do some research. She stated one of the items that stopped them was that that needed to do test boring to determine the age of the house and the Board of Supervisors would not approve the cost of this even though it was
only a few thousand dollars. Ms. Torbert asked that all the people who were notified
about the Planning Commission meeting be contacted about the upcoming meeting, and Mr. Fedorchak stated they will notify them. Mrs. Godshalk stated people have objected to Township uses for this property. She stated the Historic Society had tried to get certain groups to use it for public use which would have required parking, but the people around it objected to this.
Ms. Weyrick stated Mr. Fazzalore initially indicated that they were not subdividing the tract but it now seems that they are. Mr. Fazzalore stated some people felt they were going to subdivide the entire Patterson Farm, and they are not doing this. They are only proposing a Minor Subdivision - taking out 2.3 acres out of 200+ acres. Ms. Weyrick asked if they anticipated this when they first set out to obtain the Patterson Farm, and
Mr. Fazzalore, Mr. Fegley, and Mrs. Godshalk stated they did. It was noted the purpose of the Open Space Referendum was to purchase open space, and this property will still be preserved. It will just be in private ownership. Mr. Fegley stated the house was in extremely poor condition when they purchased the property. Ms. Torbert stated the Township has refused to make even minor repairs on the house since they have owned it.
Mr. Fedorchak disagreed with this comment.
APPROVAL OF AGREEMENT WITH DEP FOR GRANT
Mr. Fedorchak stated Mr. Coyne has made application for, and DEP has granted $153,000 as part of the State Recycling funds. Mr. Fazzalore asked how much this will cost the Township, and Mr. Fedorchak stated they should be paying 10% net.
Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the agreement with DEP for a grant in the amount of $153,000 to purchase a four-wheel loader and a self-contained 30 cubic yard leaf loader for use during the leaf season.
AWARD BID FOR NO. 2 HEATING OIL AND DIESEL FUEL
Mr. Stainthorpe moved, Mrs. Godshalk seconded and it was
unanimously carried to award the bid for No. 2 Heating Oil to Farm & Home
Oil Company and Diesel Fuel to Sunoco, Inc. for the period of
APPROVAL OF THOMAS GOUGH PRELIMINARY/FINAL MINOR SUBDIVISION
Mr. Edward Murphy, attorney, was present with Mr. Thomas Gough. Mr. Garton stated this matter was before the Board some weeks ago. The Applicant was agreeable to
certain Conditions being placed on the Plan but the residents in the area were concerned about drainage and underground streams. The Township agreed to have DelVal Soil review this, and their report submitted to the Board of Supervisors indicated that there will be no problems.
Mr. Majewski stated his initial studies were that since this property is 10’ below the adjoining residences, and since water cannot go uphill, there should not be a problem. DelVal has confirmed this. Mr. Majewski was asked how the water will impact on the new home, and Mr. Majewski stated there will be a swale so that there should not be an impact.
Ms. Linda Buben stated she is one of the people who
indicated they had a water problem and feels if they are building in the area
they are diverting water and the water is coming up from the ground. She is concerned that another house being
built will impact her and make more water come up from the ground. She stated she is also concerned about
underground streams. Mr. Majewski stated
the report indicates that the underground water flows the same way as the
topography. Ms. Buben stated they were
told that no one could build on this parcel because the Township was requiring
upgrades and improvements on
Mr. Fazzalore stated they did the improvements in such a way that they could save the trees. Mr. Murphy showed pictures of the area.
Mrs. Godshalk stated some of the trees in the area should be removed, and Mr. Gough stated he was asked by Mr. Coyne to remove certain trees, and he has agreed to do so.
Mr. Fegley moved and Mr. Stainthorpe seconded to approve the
Thomas Gough Minor Subdivision Preliminary/Final Plan, Plan dated
1) Receipt of all permits and approvals by agencies having jurisdiction;
2) Compliance with CKS letter dated
3) Compliance with PCS letter dated
a) Turf stabilized swale in the basin to save trees
b) Reduction in run-off less than required in order to save trees
5) Payment in lieu of recreation;
6) Payment of all Township expenses;
7) No other improvements to
8) Compliance with Traffic Impact Fee Ordinance;
9) Trees along
direction of Mr. Coyne.
Mr. Gene Harzinski,
Mrs. Godshalk stated there are trees along the right-of-way which need to be removed.
Mr. Harzinski stated last June or July a bulldozer was on the property. Mr. Gough stated they were on the property with a backhoe in order to do the test holes.
Motion carried unanimously.
APPROVAL OF EXTENSION FOR FIELDSTONE (HARRIS FARM)
Mr. Santarsiero moved, Mr. Fegley seconded and it was
unanimously carried to approve the extension of time to K. Hovnanian for
Fieldstone (Harris Farm) to
APPROVAL OF EXTENSION FOR PRIME PROPERTIES
Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was
unanimously carried to approve the extension of time to Prime Properties for
the Subdivision on
APPROVAL OF EXTENSION FOR MINEHART
Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was
unanimously carried to approve the extension of time to Minehart Preliminary
APPROVE EXTENSION FOR DEDICATION OF DOLINGTON I, PHASE IV
Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was
unanimously carried to approve the request for Extension for Dedication of
Dolington I, Phase IV to
APPROVE RESOLUTION NO. 2058, BILL NO. 8-04 DEDICATION OF DOLINGTON ESTATES II
Mr. Garton stated a homeowner has installed something in the easement and this matter could be approved with the condition that it either be removed or a Variance be secured.
Mr. Santarsiero moved, Mrs. Godshalk seconded and it was unanimously carried to approve Resolution No. 2058, Bill No. 8-04 Dedication of Dolington Estates II subject to the condition that before the actual Deed of Dedication is recorded, the property of concern either secures a Variance for putting material in the easement or it be removed.
ZONING HEARING BOARD MATTERS
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried to:
Request that the Applicant reduce the impervious surface
with regard to the Mark & Nancy Hubsch,
To appear in support of the Karen Gates,
Leave to the Zoning Hearing Board, the
Mr. Fazzalore stated comments are due for the Newsletter by Thursday.
Mr. Fegley stated
Mr. Santarsiero stated he and Ms. Friedman did a walk of the Farmland Preservation Corporation properties with the FPC members and were shown a number of buffer concerns. These matters will be discussed at their meeting next week. Mr. Fedorchak also went on a similar tour and will participate at their next meeting. He stated they did have their Annual Reorganization and made some revisions to their By-Laws. He stated these were not so significant that they would require a Referendum.
APPROVAL OF RESOLUTION NO. 2057 –
ADOPTING HIPAA POLICIES AND PROCEDURES PER THE
Mr. Garton stated he is satisfied that the Township can comply with the Policies.
Mr. Stainthorpe moved, Mr. Santarsiero seconded and it was unanimously carried to approve Resolution No. 2057 Adopting the HIPAA Policies and Procedures per the U.S. Health and Human Services Mandate.
MEMORIAL DAY PARADE DISCUSSION
Those Supervisors interested in being in the Memorial Day Parade were asked to advise the Township Manager’s Secretary.
ESTABLISH DATE FOR SPRING ROAD INSPECTION
Mr. Fedorchak stated while this is no longer mandated, it has been the Board’s practice to continue to have the Road Tour. It was agreed to hold the Spring Road Inspection on May 21.
Mr. Stainthorpe moved, Mrs. Godshalk seconded and it was unanimously carried to
re-appoint Elliott Paul and Denis Shiels to the Cable TV Advisory Board.
There being no further business, Mr. Stainthorpe moved, Mr. Santarsiero seconded and it was unanimously carried to adjourn the meeting at
Scott Fegley, Secretary