BOARD OF SUPERVISORS
MINUTES – SEPTEMBER 20, 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
James Majewski, Township Engineer
Kenneth Coluzzi, Chief of Police
Mr. Gary Cruzan stated several months ago he reported to the Board the fact that an eighty-nine year old Veteran was faced with the possibility of eviction from the house where he has lived for many years. He stated this situation has continued, and he is concerned that the individual’s rights are being violated. He is concerned that if they move him very far, it will be detrimental to this individual. Mr. Stainthorpe questioned what power the Township has in this situation. Mr. Garton stated the Township may be able to give assistance in obtaining the appropriate advice so that his rights are not violated. He stated the Township cannot take up his cause although they could direct him to the Veterans Administration or Legal Aid. Mr. Cruzan stated the property owner wants to tear down the building in which he lives. Mr. Santarsiero asked the type of lease involved, but Mr. Cruzan did not have this information. Mr. Santarsiero stated he feels the Township should do what they can to get this individual representation so that he can find out what his rights are. Mr. Fegley stated he would be willing to speak to him at no charge. Mrs. Godshalk stated she feels some people are already looking into some avenues in helping this individual.
Mr. Sam Conti,
September 20, 2004 Board of Supervisors – page 2 of 11
Township parking lot it was going to cost the Township $6,000 to $7,000 per year which is not in the Township Budget. He stated they will discuss this matter during their discussions of the 2005 Budget. Mrs. Godshalk stated there is a liberal policy with the Township haulers with regard to private collection. Mr. Fazzalore stated he questions why anyone would come to the Township with items when they can put them out at their own residences. Mrs. Godshalk stated the prior company, Anders, did not charge the Township for the dumpsters.
Ms. Sue Herman asked the Board’s position on posting of Minutes from Rep. Steil’s Task Force meetings. Mrs. Godshalk stated she felt this had already been approved. The Board indicated this evening that they are agreeable to the Minutes being posted once they are approved. Mr. Fedorchak agreed to take care of this matter. Ms. Herman stated the next Task Force meeting will be Wednesday, September 29 and will be extremely important. She reviewed items which are to be discussed at that meeting. Both
Mrs. Godshalk and Mr. Stainthorpe indicated that they will be in attendance at that meeting.
Mr. Fazzalore asked about traffic conditions since
Mr. Larry Borda,
Mr. Fazzalore asked if a two-story structure would reduce the number of units, and
Mr. Borda stated it would not. Mr. Borda stated this is why they would need a Variance for impervious surface since they would have to spread out the building more.
Mr. Garton stated the Board of Supervisors has already authorized his office to appear in opposition as well as authorized a traffic consultant to study the traffic. Mr. Garton stated if something has happened between the neighbors and the developer, it would be appropriate to schedule this matter for discussion at the next Board of Supervisors
September 20, 2004 Board of Supervisors – page 3 of 11
meeting. Members of the Board asked if they could support a Variance and oppose a Special Exception, and Mr. Garton stated this would be a possibility.
Mrs. Godshalk stated following the last meeting when this was discussed a number of the neighbors were talking to the developer and she asked why the residents would try to make an arrangement with the developer. She stated at the last meeting when this was discussed, she feels the Board made it clear that they would oppose this Plan.
Mr. Borda stated the developer indicated that they wanted to be good neighbors and wanted to eliminate neighborhood opposition. There have been discussions between the neighbors and the developer. Mr. Borda stated they feel it is very possible that this developer plans to persevere with this project. He stated the neighbors felt if they were going to have to have this use, they wanted to try to get the best building they could.
Mr. Fazzalore asked what they feel would happen if they advised the developer that they wanted the building to be the same size it was proposed but without the third floor.
Mr. Borda stated the developer indicated the proposed number of patients was what they needed to make the project successful.
Mr. Santarsiero stated he did not feel a two-story building would be much better than a three-story building. He stated he feels this use will impact the Township in a major way; and while the developer may be willing to persevere with his Application, he would be willing to persevere as well.
Ms. Sandy Nuzzolo,
Mr. Fazzalore suggested that the Township Manager contact the developer to see if they want to present something to the Board of Supervisors.
Ms. Nuzzolo stated the property owner could go for a hardship since he cannot sell his property. Mr. Garton stated the property owner has the right to make a reasonable use of his property. Mr. Fegley stated he is aware of a Church that is looking for property.
Mr. Ralph Nuzzolo,
September 20, 2004 Board of Supervisors – page 4 of 11
APPROVAL OF MINUTES
Mr. Fegley moved and Mr. Stainthorpe seconded to approve the Minutes of August 16, 2004 as written. Motion carried with Mr. Santarsiero abstaining.
APPROVAL OF SEPTEMBER 7, 2004 AND SEPTEMBER 20, 2004 WARRANT LISTS AND AUGUST, 2004 PAYROLL
Mr. Fegley moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the September 7, 2004 and September 20, 2004 Warrants lists and August, 2004 Payroll as attached to the Minutes.
Mr. Fazzalore stated he reviewed the financial information, and they are on Budget. He complimented the Chief of Police for keeping overtime under control.
DISCUSSION AND MOTION IN SUPPORT OF A RESOLUTION IN SUPPORT OF ESTABLISHING A CENTER FOR INDEPENDENT LIVING IN BUCKS COUNTY
Ms. Liz Harbison and Ms. Lisa Huchler-Smith were
present. Mr. Fegley stated there is
currently under consideration a Center for Independent Living to be located in
Mr. Fazzalore moved and Mrs. Godshalk seconded to support a Resolution
in support of establishing a Center for Independent Living in
Ms. Harbison stated getting a Center for Independent Living will expand the opportunity to offer services to people with disabilities. Ms. Huchler-Smith stated individuals can also write letters in support of this proposal.
Mr. Fegley stated the Grant would fund this for a five-year
period. This would provide for one-full
time staff person and a small rental location.
If they obtain the Grant, they plan to locate the Center somewhere in
September 20, 2004 Board of Supervisors – page 5 of 11
satellite office in the Quakertown area. Mr. Fegley stated the Board that would be directing the Center would be comprised of at least 51% disabled persons.
Mrs. Godshalk stated she is aware of a facility already in
existence which serves as a clearinghouse for social services in
Mr. Fegley stated the BCCID will be instrumental in helping with the preparation of the Grant, but will not be running the facility. It will be run largely by the disabled persons themselves.
Mr. Santarsiero suggested that a form letter be prepared to be placed on the Website so that Township residents can write individual letters in support of this as well.
Mr. Santarsiero asked that Mr. Fegley prepare some background information on this as well to go along with the form letter.
Mr. Sam Speara,
Ms. Virginia Torbert,
Mrs. Godshalk stated she has no problem with applying for the Grant, but feels they should also look at other agencies that are already set up. Mr. Stainthorpe stated the Board of Supervisors is not applying for the Grant. Mrs. Godshalk stated possibly there could be a partnership sharing. Mr. Fegley stated disabled people want to be in control of their own destiny and their services and do not want to be looked at as charity cases. He stated they want to do it on their own and not have others making decisions for them.
Mr. Rick VanHorn,
Motion carried unanimously.
September 20, 2004 Board of Supervisors – page 6 of 11
DISCUSS SUPPORTING LOCAL EXTENSION OF COMMUNITIES THAT CARE PROGRAM
Ms. Joyce McGlynn, Mr. Gary Sanderson, and Mr. Chris Porter,
Director of the
Mr. Fazzalore asked what they are looking for in terms of a contribution. Mr. Sanderson stated they originally received a Grant including State and Federal resources. As of September of this year those funds have expired. Recently they were encouraged to apply for another Grant; however that Grant is only to support their mentoring program. They have been invited to submit a Grant through the Bucks County Republican Caucus and are still $15,000 short.
Chief Coluzzi stated he is very familiar with their Bullying Prevention Program, and it is an excellent program. Mr. Fazzalore asked if the Schools are participating financially, and Mr. Sanderson stated as of this time, they are not.
Mrs. Godshalk asked who checks into the people who go into the classrooms, and
Mr. Porter stated they do the hiring of the experts that go into the classrooms.
Mrs. Godshalk stated if the Board made a contribution, they would be giving out the taxpayer’s money. She asked if they have gone to private industry in the community. Mr. Sanderson stated they are going to do this. Their problem now is the short-term sustaining of the Program. Any Grants they would try to obtain would be for continuing support.
Mr. Fazzalore stated the Board is working with a very tight Budget this year; and if they decide to do something, it would have to be included in the 2005 Budget. Ms. McGlynn stated she feels most of the Municipalities are looking at 2005 as well.
Mr. Stainthorpe asked the total amount they are looking for from the Township, and
Mr. Sanderson stated they need to collect $15,000. They have made a request of
September 20, 2004 Board of Supervisors – page 7 of 11
Board would put into this, and Mr. Sanderson stated they
have made a commitment that they would try to cover any costs they cannot get
from other sources. They have no formal
commitment from anyone at this time. Mr.
Stainthorpe stated he would encourage them to look for financial support from
Mrs. Godshalk stated the Township does require a copy of the Budget for any group to which they give financial support.
Mr. Tom Zarko was present. Mr. Fedorchak stated Mr. Hoffmeister was unable to attend the meeting this evening as he is working with flooding problems in the area.
Mrs. Godshalk asked if the residents were invited to this evening’s meeting, and
Mr. Fedorchak stated they were not. Mrs. Godshalk stated she feels the matter should be tabled since the residents are not present. Mr. Fazzalore asked that they make the presentation before the decision to table is considered.
Mr. Zarko stated he was asked to present to the Board the
findings of the study which was done in the Delaware Rim and
He reviewed the malfunctions found. Four of the sixty-seven properties were deemed to have marginal systems or periodic problems. Fifty-six of the sixty-seven were found to have systems functioning property. He stated there is not a widespread problem in this area of the Township although there are some localized problems. He stated many of the property owners are doing a very good job of maintaining their on-lot systems, and this is why they got good results.
September 20, 2004 Board of Supervisors – page 8 of 11
Mr. Zarko stated they presented the summary of their report to the Sewer Authority at their August meeting and based on the presentation, the Sewer Authority has made several recommendations as follows:
1. On-lot sewage disposal systems in the area should be re-assessed
in three years to make sure the systems continue to function
properly recognizing that on-lot systems do have a finite life;
2. Results of the marginal and failing systems should be forwarded to the
Bucks County Health Department and the affected property owners
and have them contact the Health Department to see if there are some
means of repair to help resolve the problems that were noted during the
3. The Township should send letters to the properties that were restricted
from access to advise them that they could not do the evaluation and
noted that there were some problems in the area and they may want
to contact someone to have their systems evaluated to make sure
there are no problems with their system.
Mr. Stainthorpe moved, Mr. Fegley and it was unanimously carried to accept the recommendations of the Sewer Authority.
AWARD BID FOR 2004 BIKEPATH RESURFACING PROJECT
Mr. Stainthorpe moved and Mr. Santarsiero seconded to award the bid for 2004 Bikepath Resurfacing Project to General Asphalt Paving Company in the amount of $174,341.35.
It was noted this was included in the Budget in the amount of $150,000 for repair and $30,000 for new construction.
Motion carried unanimously.
AWARD BID FOR REPLACEMENT OF CULVERTS AT DAVID TERRACE AND
Mr. Fazzalore stated this was included in the Budget in the amount of $300,000.
Mr. Fedorchak stated these culverts are downstream from the proposed Rock Run Dam location, and they are in need of immediate repair.
September 20, 2004 Board of Supervisors – page 9 of 11
Mr. Stainthorpe moved, Mr. Santarsiero seconded and it was
unanimously carried to award the bid for replacement of culverts at David
N. Abbonizio Contractors in the amount of $260,575.00.
APPOINT ZONING HEARING BOARD TO SERVE AS BOCA BOARD OF APPEALS RELATING TO THE WILSHIRE GLEN/RAAB FARMHOUSE
Mr. Garton stated an Appeal has been filed by the owner of the Raab Farmhouse.
Mr. Stainthorpe moved, Mr. Santarsiero seconded and it was unanimously carried to appoint the Zoning Hearing Board to serve as the BOCA Board of Appeals relating to the Wilshire Glen/Raab Farmhouse.
APPROVE GRANT OF EXTENSION OF TIME TO ELLIOTT BUILDING GROUP FOR FLOWERS/MADANY SUBDIVISION
Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was unanimously carried to approve grant of extension of time to Elliott Building Group for Flowers/Madany Subdivision to 12/20/04.
APPROVE GRANT OF EXTENSION OF TME TO JOSEPH MARRAZZO FOR BOXWOOD FARMS
Mr. Santarsiero moved, Mr. Stainthorpe seconded and it was unanimously carried to approve grant of extension of time to Joseph Marrazzo for Boxwood Farms Final Subdivision Plan to 12/10/04.
ZONING HEARING BOARD APPEALS
With regard to the AAA Development & Management Inc.
Variance requests for the property located at
With regard to the Frank Oliveti Variance request to build
an addition in the floodplain and encroaching in the front yard setback of the
property located at
September 20, 2004 Board of Supervisors – page 10 of 11
APPROVAL TO FIX A PUBLIC MEETING TO DISCUSS MATRIX PROJECT
Mr. Stainthorpe moved and Mr. Fegley seconded to fix a public meeting for October 25, 2004 for the sole purpose of discussing the Matrix project.
Mr. Fazzalore stated he would like to have this meeting publicized as much as possible, and Mr. Fedorchak agreed to do so.
Motion carried unanimously.
MOTION TO CHANGE NEXT BOARD OF SUPERVISORS MEETING
Mrs. Godshalk stated they are having a Tournament on October 4 to raise money for the 9-11 Memorial. She stated a Board of Supervisors meeting is scheduled for that evening and she would request that they change that meeting to Wednesday, October 6.
Mr. Fazzalore stated some weeks ago Mr. Santarsiero made a request to change the meeting night, and Mrs. Godshalk made the comment that Mr. Santarsiero knew what the meeting nights were when he ran for office. Mr. Fazzalore stated he does not feel they should cancel the next Board meeting for a Golf outing. Mr. Santarsiero stated he would not be opposed to moving the meeting to another night rather than October 4.
Mr. Stainthorpe stated if they are unable to reschedule the meeting, he does not feel they should change the date. Mr. Majewski stated he has a conflict on Wednesday evening, but could send someone else from his office.
Mr. Stainthorpe moved and Mrs. Godshalk seconded to change the first meeting in October to Wednesday, October 6. Motion carried with Mr. Fegley and Mr. Fazzalore opposed.
Mr. Santarsiero stated the next meeting of the Southeastern
Bucks League of Municipalities will be held next week in
September 20, 2004 Board of Supervisors – page 11 of 11
material up. He will discus the matter further with the Chief. Mr. Santarsiero asked that information in this regard be posted on the Township Website and the Cable TV Channel.
Mrs. Godshalk stated on Friday, October 1 the fundraiser for the preservation of Elm Lowne – the Tasting Party – will be held. Sixteen restaurants will be participating and the event will be held this year in the tent on the property.
Mr. Fazzalore stated he was contacted by someone in Yardley
requesting mulch for
Mrs. Godshalk stated she was at the bank near Christine’s and a bus came through the drive-through and hit the canopy. She stated she feels there should be a sign indicating it is a drive-through only as well as the height restriction. Chief Coluzzi agreed to contact the bank and make this suggestion.
Mr. Stainthorpe moved, Mrs. Godshalk seconded and it was unanimously carried to appoint Deborah Gable to the Cable TV Advisory Board.
Mr. Stainthorpe moved and Mrs. Godshalk seconded to re-appoint Ann Langtry to the Historic Commission, Liuba Lashchyk to the Historic Architectural Review Board and George Davenport to the Sewer Authority.
Mr. Santarsiero stated he feels that when someone’s position comes up for
re-appointment, the position should be advertised to the public and the person in the position should be considered along with others interested in serving.
Motion to re-appoint carried unanimously.
There being no further business, the meeting was adjourned at 9:30 p.m.
Scott Fegley, Secretary