BOARD OF SUPERVISORS
MINUTES – JULY 18, 2005
The regular meeting of the Board of Supervisors of the
Board of Supervisors: Pete Stainthorpe, Chairman
Scott Fegley, Vice Chairman
Grace Godshalk, Secretary/Treasurer
Frank Fazzalore, Supervisor
Steve Santarsiero, Supervisor
Others: Terry Fedorchak, Township Manager
Jeffrey Garton, Township Solicitor
Robert Williams, Township Engineer
Kenneth Coluzzi, Chief of Police
Ms. Sue Herman stated Jerry Coyne is the DVRPC staff member
who is doing the traffic study for the Task Force of which Mr. Stainthorpe and
Mrs. Godshalk are the Township representatives.
She stated at the June meeting he indicated he has not met with
Mr. Fedorchak stated he did have a conversation with Jerry
some months ago and had scheduled a meeting with him, Jim Majewski, and Jim Coyne;
however, Jerry did not attend. In a
subsequent conversation with Jerry, it appeared that there was some confusion
with the date. They have now set another
meeting with him for this Wednesday at 10:00 a.m. Ms. Herman asked if
July 18, 2005 Board of Supervisors – page 2 of 14
Ms. Virginia Torbert asked for an update on the Dalgewicz matter, and Mr. Garton stated
the last information he has is that it will be tried in October at the Court of Common
Mr. Robert Passantino, 2102 N. Crescent Blvd., stated he is present to make a complaint
regarding what he considers the inappropriate and partisan behavior on the part of the
Chairman of the Zoning Hearing Board during the special meeting held on July 13 on the
Township attorney, John Koopman, from developing lines of questioning during his
that Mr. Koopman was not being granted equal latitude as AVS was being given in
presenting its case. He asked that the Board of Supervisors take necessary measures to
insure that the Hearing proceeds in a fair and impartial manner and allow Mr. Koopman
and Mr. DeGrezia, attorney for an objective group, equal opportunity to present their case
and cross examination as being afforded to Allegheny Valley Schools. Mr. Stainthorpe
stated the way the system is structured, the Board of Supervisors has very little they can
actually do. He stated once the Board of Supervisors appoints someone to the Zoning
Hearing Board, they operate independent of control from the Supervisors. Mr. Fegley
stated the only thing they can do is not re-appoint them when their term comes up; but in
terms of taking any action against the Chairman of the Zoning Hearing Board based on
her conduct in any proceedings, they would have no more leeway to do that than they
were to a Judge on the Court of Common Pleas. He stated they are an independent,
quasi-Judicial Board, and it would be improper for the Board of Supervisors to do
anything in interfere with the proceedings. Mr. Santarsiero stated they are aware of the
frustration and as the Liaison to the Zoning Hearing Board he is also frustrated. He
stated he is constrained as the Board’s Liaison, and he really cannot comment when she
makes those kinds of rulings and behaves the way she has. He stated the Board is well
aware of it. He stated he would suggest that the residents stick with it and see it through.
He stated it is disheartening when residents come before the Township Boards or
Commissions not having had experience with local government, and this is their first
experience. He stated he feels the Board of Supervisors needs to be cognizant of this
when they appoint people to the various Board and Commissions and is part of the reason
that he has repeatedly called for having the interview process done in public so that
people can see the kinds of questions being asked, the responses, and what the people are
like who are applying for the positions. Mrs. Godshalk stated she read the Minutes of
that meeting and was quite upset with the way the Township’s employee, the Township
Solicitor, was treated. She stated everyone who wants to add testimony should have the
right to ask and receive certain documents. She stated the Township employee was cut
off in many areas. She would also not like to see someone asking for relief to be cut off
that abruptly either.
Mr. Stanley Shatz stated he has lived in
attended a number of public meetings in the Township and this was one of the more
dismissive attitudes taken to other people that he has ever seen in this room. He is
July 18, 2005 Board of Supervisors – page 3 of 14
confused when the Board of Supervisors states that they appoint these people and their
hands are then tied. Mr. Stainthorpe stated it is a quasi-Judicial Board and the rationale
for this is to take politics out of it so that when you come in, you get a Hearing on the
facts. Mr. Shatz asked about the other members of the Zoning Hearing Board and asked
if they could weigh in on situations like this, and Mr. Fegley stated they could since the
Chairman of the Zoning Hearing Board has no greater authority than the rest of the
Board; however, if the other Board members fail to speak up or do anything to assert
their equal authority, that one individual is able to “steer the ship.” Mr. Shatz asked that
the record reflect that this was also the case. Mrs. Godshalk stated that by the residents
being here tonight, some people may get the message, and she applauded them for
APPROVAL OF MINUTES
Mr. Santarsiero moved, Mr. Fegley seconded and it was unanimously carried to approve
the Minutes of June 20, 2005 as corrected.
APPROVAL OF JULY 5, 2005 AND JULY 18, 2005 WARRANT LISTS, AND JUNE, 2005 PAYROLL
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried to
approve the July 5, 2005 and July 18, 2005 Warrant Lists, and June, 2005 Payroll as
attached to the Minutes.
Mr. Chris Messick and Mr. Carter VanDyke were present. Mr. Garton stated this is a
conceptual discussion only, and there is no formal Plan before the Board of Supervisors
Mr. VanDyke stated he is working on behalf of the Historic Commission in helping to
facilitate some of the planning in
areas where Mr. Messick has been working with the Historic Commission. He noted the
two areas which are opposite each other on
beginning to work with Mr. Troilo on his parcel which was also shown on the Plan.
Mr. VanDyke stated he is also assisting with documentation of the existing Heacock
House located on the corner of the Messick property. Before it was taken down, it was
documented so it could be reconstructed; and this document is now available, and when
Mr. Messick goes before HARB for his new building plans, he will have that
July 18, 2005 Board of Supervisors – page 4 of 14
Mr. VanDyke stated what they are presenting tonight is in-fill development which is
consistent with the Zoning Ordinance adopted last year. They are showing the Heacock
House and in-fill of four additional buildings in order to create continuity along the
streetscape. He stated the parking is behind the units. After reviewing this with the
Historic Commission, it was suggested that they make a presentation before the Board of
Supervisors for some policy determination to see if they could recommend to the
Planning Commission a few things to help implement some
aspects of the
They would like to allow Mr. Messick to build some parking spaces as shown on the Plan which would actually be on Township park land; and in return for that, Mr. Messick would agree to improve the entire street in front of the public land including parking, street lights, and sidewalks. He stated there is often a UPS truck that parks in this area, and this would allow an area off the roadway for that kind of service parking.
Mrs. Godshalk stated this is the area in front of the Wachovia Bank which was originally
dedicated as open space as part of the shopping center; and over the years, they have tried to decide what could be put there. There were some problems with the State setback. They did consider fences and berms to stop the people from going into this area. She stated this is an area that could benefit from this plan. Mrs. Godshalk stated there was also some discussion about a gazebo. Mr. VanDyke stated this would give road improvements all the way up to the corner. The idea was to develop private/public partnerships so that the Township would not have to use all public funds.
Mr. VanDyke noted on the Plan another area Mr. Messick was
looking at and working with HARB on a design for the restoration of the
building on the corner. The stone
building on the corner would be rehabbed along with the possibility of an
infill building in between the two structures.
The infill they were discussing was the possibility of relocating the
Banko structure located at Five Mile Woods on
Mr. Messick may be willing to relocate to this site. Mr. VanDyke noted on the Plan where they would propose a bank. He noted a gazebo/shed in the rear which would be a teller’s window. He stated they recognize that the Planning Commission was concerned with the through traffic. He stated the Historic Commission and HARB were conceptually in favor of the concept being proposed.
Mr. Santarsiero asked if the Banko house were not to be relocated to this location, what would they envision for the corner, and Mr. Messick stated it would be a 700 square foot shed which is existing. Mrs. Godshalk asked if this is the pigeon coop; and Mr. Messick stated it is not – it is a shed. He stated hopefully the chicken coops will be removed.
Mr. Santarsiero asked what use they would make of the shed after construction of the bank. Mr. Messick stated he does not know. He stated the only thing he could envision would be something like a Rita’s Water Ice, although he is not sure it would be large enough to house this; otherwise it would just remain as an existing shed. He stated on the Plan they are showing an extension to the shed since the existing structure is only 400 square feet.
July 18, 2005 Board of Supervisors – page 5 of 14
Mr. Messick showed five architecturals showing the buildings described. With regard to Building #1, they propose to have retail on the first floor and offices on the second. He noted the breezeway on the rear of Buildings #1 and #2 since they are required to have two points of egress for a second floor office, and this plan would allow them to more efficiently use the second floor of both of the buildings. Building #3 was shown.
Mr. Messick stated his idea was to replicate the
Mrs. Godshalk asked about residential as they want a mixture of uses including residential. Mr. VanDyke stated Mr. Messick has indicated that there would be residential over Buildings #4 and #5. Mrs. Godshalk stated she did not feel he had committed to this. Mr. Messick stated he does not want to commit to this because he does not know what people will want. He stated while he can turn them into apartments, he is not sure that they would be able to rent them. Mrs. Godshalk stated residential was part of the approved Master Plan. Mr. Fazzalore agreed and stated he feels that they should continue in this vein. Mr. VanDyke stated one of the ways to make the parking work is to have apartments on the second floor so they could have shared parking noting it would not require as much parking for an apartment as it would for an office.
Mrs. Godshalk stated this is why the residential mixture is good because of the limited parking, and the fact that people living there can walk to the businesses in the area.
Mr. Stainthorpe stated he is in favor of the designs being shown. Mr. Fazzalore stated the Master Pan that was developed should remain in effect, and the residential portion should be there also. Mr. Santarsiero commended Mr. Messick for coming into this project and going this far; and stated hopefully something along these lines will be built there.
Mr. Messick showed a plan for the bank. He stated when they reviewed the new Ordinances, the drive-through was prohibited. Mr. Messick showed a Plan of the site proposed for the bank. Mrs. Godshalk stated she felt this was Mr. Troilo’s parcel; and
Mr. Messick agreed. Mrs. Godshalk asked how this Plan varies from Mr. Troilo’s presentation; and Mr. Garton stated Mr. Troilo had the drive-through attached to the main bank building and he had four to five drive-through lanes with traffic going through both adjoining streets. Mr. Messick stated his Plan shows it will be only one way.
Mr. Garton noted that Mr. Troilo had also planned to leave the corner building but take the other building down. Mrs. Godshalk stated Mr. Troilo came in with another plan that proposed that the drive-through not be attached, but would be underground with tubes. Mr. VanDyke stated that is what proposed on this Plan.
July 18, 2005 Board of Supervisors – page 6 of 14
Mr. Garton asked if the Board would consider Mr. Messick’s proposal to trade some parking spaces on the piece of Township land in exchange for streetscape improvements. The Board indicated they were in favor of this in theory. Mrs. Godshalk stated it will be where he pulls in from his entrance into the other buildings. She stated you would
actually not be driving into the open space; but it will be fit in among the trees. She assumes they could get six to eight spaces. Mr. Messick stated he needs to have formal engineering work done; but wanted to make sure the Board of Supervisors was in favor of this. Mrs. Godshalk asked about a gazebo in this area; and Mr. Messick stated he has not committed to the gazebo in this area. Mr. VanDyke stated they are looking at sidewalks, street lights, street trees, off-street parking, curbing, and necessary drainage.
With regard to the bank, Mr. Santarsiero stated many of them
feel that this area should become a downtown for
Ms. Helen Heinz stated they have been working with Mr. Messick and Mr. VanDyke and generally feel they are moving in the right direction. They would like to have some control over how the area develops and be part of the streetscaping. She stated
Mr. Van Dyke will next look for engineering-type Grants so they can get these kinds of streetscape improvements in the Village. She stated they are also looking at traffic calming through this area so this will work and they can have more vitality in the area.
She stated this is only the beginning of the process, and they wanted the support of the Board of Supervisors as they move forward on this.
DISCUSSION AND MOTION ON ORDINANCE CONTROLLING CONVICTED SEX OFFENDERS
Mr. Santarsiero stated each of the members of the Board were provided a copy of the proposed Ordinance which he prepared that would restrict where sex offenders could establish residence in Lower Makefield Township. He stated his intention of discussing this tonight is to get a preliminary discussion among the Board, the Solicitor, and the public on this and a related issue not on the Agenda this evening. Mr. Santarsiero stated
he is very concerned about protecting the Township
children. He stated
July 18, 2005 Board of Supervisors – page 7 of 14
he has worked on this with Ron Smith and Greg Caiola. He stated this Ordinance would create zones of protection around areas where children are likely to congregate such as schools, day care centers, parks and playgrounds. This would go out a distance of 4500’ from those areas to create these zones of protection into which convicted sex offenders
would not be permitted to establish residence. The intent is to provide the maximum amount
of protection they can for the children.
He stated he does not feel this will enable them to provide complete
protection, but it is something that they can do and add an added measure of
security. He stated he has discussed
this with a number of other parents who have been concerned with the fact that
Mr. Fazzalore asked why they are waiting and suggested they do what is necessary to move this along. Mr. Stainthorpe stated he agrees that they should try to make the Township as safe as possible for all the residents. He noted there may be some questions as to Constitutionality but feels they should put a tough Ordinance on the books; and if an offender wants to live here, he can challenge the Ordinance. Mr. Stainthorpe stated he would like an opinion from the Solicitor. Mrs. Godshalk asked if this will incorporate everything currently set up under Megan’s Law. Mr. Garton stated Megan’s Law is a registration requirement and sets forth criteria. He suggested they incorporate the definitional sections within that so they are not creating something new since those have already been tested in various Courts. He would like the opportunity to, between now and the next meeting, review what has been proposed, make any suggestions he may have, and do some research as to whether similar Ordinances have been challenged elsewhere in the Country. He would then have something prepared for the next meeting which could be authorized for advertisement.
Mr. Fazzalore moved and Mrs. Godshalk seconded to authorize the Solicitor to review the suggested Ordinance, make any additional suggestions, and bring it back to the next meeting to authorize for advertisement.
Mr. Ron Smith,
Ms. Judy Curlee,
July 18, 2005 Board of Supervisors – page 8 of 14
to be proactive. She
stated they have recently experienced the
to make sure that no home is turned into a halfway home for a predator or someone who has been a substance abuser and been in a rehab program. She stated although she empathizes, this is a Township with families they need to protect as well as the integrity of their neighborhoods.
Ms. Virginia Torbert stated she feels this is a very good idea but asked how they will enforce this and asked if people applying for a Move-In Permit will have their names run through a data base. Mr. Garton stated there is a data base of persons who are in this category, and the Township could cross check the Move-In Permits with that; however, there would not be Move-In-Permits for renters. He stated there will be means developed to the extent possible so they can catch this. He stated if someone moves in, they will have to get Judicial assistance in having an Order entered to remove them since the Township does not have the right to take physical custody of someone. He stated they will have to work out these issues between the time it is adopted and the time that it has to be enforced. Mr. Santarsiero stated that one of the things he did change in the basic law that was passed at other locations was in the penalty provision where he states that every day that someone is in a residence in violation of this Ordinance would be a new violation each day and this would be a incentive to get them to move out quickly.
Ms. Torbert asked what
Mr. Santarsiero stated while this is not on the Agenda, they
did discuss this matter in Executive Session and he has proposed that they act
expeditiously to amend the Ordinances to prevent so-called half-way houses from
being established within the neighborhoods of
July 18, 2005 Board of Supervisors – page 9 of 14
soon toward amending the existing Codes so that those types of facilities will not be permitted in residential areas and they will have the ability when someone proposes it, to go to the new Code and prevent that from happening. He stated the Allegheny situation has underscored why they need to move in this direction. He stated he has heard that this
is happening elsewhere in Bucks County and he feels it is only a matter of time before Lower Makefield is hit with one of these facilities as well.
Motion carried unanimously.
APPROVE HIRING OF KURT BRADLEY AS POLICE OFFICER
Chief Coluzzi stated Kurt Bradley was given a conditional offer of employment based upon his successful completion of a medical, psychological, polygraph, and drug screening. He asked that the Board approve his appointment effective August 1, 2005
Mr. Fazzalore moved and Mr. Santarsiero seconded to approve hiring Kurt Bradley as Police Officer effective August 1, 2005.
Mr. Fazzalore stated Mr. Bradley and another officer they
will hire are replacements for one Officer who is going to
Motion carried unanimously.
AWARD BID FOR
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to award bids for the sale of the following vehicles to Jersey One: 1991 Chevrolet Caprice - $509,
1991 Chevrolet Caprice - $261, 1993 Ford Explorer - $718, 1995 Crown Victoria - $909,
1995 Crown Victoria - $716, 1996 Crown Victoria - $909, 1999 Crown Victoria - $1599, and 1999 Crown Victoria - $2007 and the following vehicles to Mark’s Motor’s: 1987 Chevrolet Suburban - $100, 1987 Chevrolet dump truck - $410.
AWARD BID FOR
Mr. Williams noted the bids were opened on July 14. He noted his letter dated July 14 which notes that the total bid for Contracts #1 and #2 is 2.1% over the Budget amount of $320,000. Mr. Fazzalore stated he did not receive a list of the roads to be included in these contracts, and Mr. Williams reviewed the roads to be included.
July 18, 2005 Board of Supervisors – page 10 of 14
Mr. Fazzalore noted the project done at
he feels they should be required to go back and correct the
problems. Mr. Williams stated Mr. Coyne is working on this. Mrs. Godshalk stated this involves not only
getting $35,000 from the Water Company for this year’s
paving program for some other project.
He agreed to discuss with Mr. Coyne as to where he stands with the Water
Company on the
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was
unanimously carried to award the bid for Contract #1 – Superpave – to General
Asphalt Paving Company of
Mr. Santarsiero moved, Mr. Fazzalore seconded and it was unanimously carried to award the bid for Contract #2 – Bituminous Seal Coat – to Asphalt Industries, Inc. for $57,384.88.
APPROVE RESOLUTON NO. 2089 AMENDING SEWER TAPPING FEE
Mr. Hoffmeister stated this was passed by the Sewer Authority on June 23, 2005.
He stated it is a requirement of the
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to approve Resolution No. 2089 Amending the Sewer Tapping Fee.
AUTHORIZE PARTICIPATION IN THE CENTRAL WESTMORELAND COUNCIL OF GOVERNMENTS VEHICLE PURCHASING PROGRAM
Mr. Hoffmeister stated this is similar to the Lower Bucks
County Consortium of Municipalities of which
July 18, 2005 Board of Supervisors – page 11 of 14
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried to authorize participation in the Central Westmoreland Council of Governments Vehicle Purchasing Program.
APPROVAL OF WATER SERVICE TERMINATION AGREEMENT WITH THE MUNICIPAL AUTHORITY OF THE BOROUGH OF MORRISVILLE
Mr. Hoffmeister stated to this point Lower Makefield has had
an Ordinance of its own which indicated they could seek a water supplier to
shut off water for the purposes of non-payment of sewer bills; however, it did
not give any legal standing with either one of the water suppliers. This will formally make
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried to approve the Water Service Termination Agreement with the Municipal Authority of the Borough of Morrisville
APPROVAL OF PRIME PROPERTIES PRELIMINARY/FINAL PLAN
Mr. Garton reviewed possible conditions of Approval for this Plan which received a recommendation from the Planning Commission for approval.
Mr. Nick Rose, engineer, was present with Mr. George Kiriakidi, the owner of the property. Mr. Williams stated he feels they should accept Fee-in-Lieu of the frontage improvements. Mrs. Godshalk stated she is surprised that these are only three-bedroom homes since they are on 33,000 square foot lots. Mr. Rose stated they have not committed to three bedroom houses, but the footprint shown is what is intended to be used.
Ms. Sandra Guzikowski,
Mr. Fazzalore moved and Mr. Santarsiero seconded to grant Preliminary/Final Approval for the Plan dated 9/30/03, last revised 4/29/05 subject to:
1) Compliance with PCS letter dated 6/17/05;
July 18, 2005 Board of Supervisors – page 12 of 14
2) Applicant to pay Fee-In-Lieu of Recreation for two new lots in
accordance with the Township Ordinance;
3) Applicant to pay a Traffic Impact Fee for two new lots in
accordance with the Township Ordinance;
4) Applicant to pay a Fee-In-Lieu of the value of the frontage improvements;
5) Applicant to pay a Fee-In-Lieu of the value of the bikepath;
6) Receipt of all permits and approvals by any Agency having jurisdiction
7) Compliance with CKS letter dated 5/21/05;
8) Stormwater management system to be constructed to accommodate 19%
impervious surface ratio;
9) Farmland Disclosure Statement to be added to the Plan;
10) Corner split rail fence to be installed with plantings to be installed
and additional plantings to be approved by the Township engineer;
11) White pines to be substituted with another acceptable species;
12) Location of seepage pits to be approved by the Township engineer;
13) Payment by Applicant of all expenses incurred by the Township not paid
14) Applicant to execute appropriate Development and Escrow
Agreements for any improvements.
Mr. Rose and Mr. Kiriakidi agreed to the Conditions of Approval, and the Motion carried unanimously.
July 18, 2005 Board of Supervisors – page 13 of 14
APPROVAL OF EXTENSIONS
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to grant extensions of time to the following:
Troilo Subdivision to 10/21/05
Fieldstone Subdivision No. 496-N to 10/21/05
Fieldstone Subdivision No. 549 to 10/21/05
ZONING HEARING BOARD
Mr. Fegley moved, Mr. Stainthorpe seconded and it was
unanimously carried to authorize the Solicitor to appear in support of the
Township with regard to the Tristram Heinz matter, for the work being done at
It was agreed to leave to the Zoning Hearing Board matter
the Brian and Ann Breth,
Mrs. Godshalk stated there was a good article in the Courier Times regarding the Golf Course. She also reported that the bid opening has been extended for the Memorial. Bids will be opened next Tuesday.
Mr. Santarsiero stated the Environmental Advisory Council, and in particular Jim Bray, is spearheading an idea to encourage people in the Township and the Township as well to use native species in their plantings. They would like to include on the Township Website information about native plants and species. Mrs. Godshalk asked how much space they would need. Mr. Santarsiero stated he feels it could be done on a separate page that would be a link. Mr. Bray was present and stated he feels the easiest way would be to have a link but they would need an interpretation from the Township solicitor to see if this is proper. He stated he has also reviewed SALDO manuals of surrounding Townships and they make a general comment and link it to the Appendices in the rear where the specific plants are noted. He stated in the SALDO manual now, there are references to plants, and he feels they would need to be cleaned up.
Mrs. Godshalk stated she feels it would be better to have something on the Township TV channel, and they could put information there to direct people to see the Township Website about certain things and this would entice people to go to the Website.
Mr. Fegley stated many people use the Website, and he would support putting that kind of information on it. He stated he understands the concern about providing a link from a
July 18, 2005 Board of Supervisors – page 14 of 14
public to a business or commercial site, and the Township
cannot be seen as promoting one business entity over another. Mr. Garton stated he feels the Bucks County
Planning Commission has guidelines on the use of native plants, and this would
be something they could direct people to that and would not involve a
commercial component. He suggested that
someone check with them on this. Mr.
Fegley stated he hopes that the EAC will also move toward Grants for invasive
species eradication like they have in years past regarding wetlands and stream
restoration. Mrs. Godshalk asked if
there was problem with having information on the TV channel directing people to
the Website, and this was acceptable to the Board. Mrs. Godshalk stated she also feels this
system would be good for other groups as well such as the Historic Commission
directing people to see the Edgewood Village Plan which is available on the
Website. Mr. Stainthorpe suggested that
they work directly with the Township Manager to get this information on the Website. Mr.
Bray stated the first step is they want to present some selective plant lists
on the Website, and the second step would be to present a proposal to the
Township mandating the use of native plants.
He stated they will discuss this in more detail as this emerges in the
EAC. Mr. Santarsiero also noted that the
next meeting of the Southeastern Bucks League of Municipalities will be Monday,
July 25 at 7:30 p.m. at the
There being no further business, Mr. Santarsiero moved, Mr. Fazzalore seconded and it was unanimously carried to adjourn the meeting at 8:45 p.m.
Grace Godshalk, Secretary