BOARD OF SUPERVISORS
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
James Majewski, Township Engineer
Kenneth Coluzzi, Chief of Police
Ms. Sue Herman thanked the Board for the letter sent to Mr.
Hoffman regarding the closed-loop system.
She stated they are hoping to get an update at the Task Force meeting to
be held this Thursday. She stated the
DVRPC is advocating a feasibility study for the rail
option for hauling stone and asked that the Board of Supervisors and all other
Ms. Herman asked how they can find out if it is worth the cost without doing a study. Mr. Stainthorpe stated he would like to hear the facts first Thursday night including the cost and who would pay for it. Mrs. Godshalk stated she too would like to hear whether they are capable of performing such a study. She would also like to see what is presented at the meeting and then they can bring it back to the Board. Ms. Herman stated they did speak to Mr. Steil and found that there is a presenter who could speak as to what is happening with the parallel condition where they are currently hauling stone by rail.
Mr. Steil indicated he wanted to canvass the Task Force to see if they wanted to see this presentation. Mr. Herman then received an e-mail from Mr. Steil indicating that they did
not wish to see the presentation Thursday night but would include on the Agenda a discussion as to whether they should place such a presentation on a future Agenda.
Mr. Santarsiero stated he is concerned that they will never get to the point where they get this feasibility study. Mr. Stainthorpe stated the Board of Supervisors could take this up at their next meeting after they hear what the Task Force has to say at the meeting this Thursday. Mr. Stainthorpe stated a railroad company or a quarry would have to decide if it is economically feasible for them to do the hauling in this manner.
Mr. Santarsiero moved and Mr. Stainthorpe seconded that the Board of Supervisors’ representatives at the meeting on Thursday represent to the Regional Task Force that Lower Makefield supports the DVRPC’s call for a feasibility study on hauling the stone by railway and that they would seek to have that study paid for by the State or some other entity other than the Municipalities. Motion did not carry as Mr. Santarsiero was in favor and all other Supervisors opposed.
APPROVAL OF MINUTES
Mrs. Godshalk moved and Mr.
Fazzalore seconded to approve the Minutes of
Mr. Fegley abstaining.
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried to approve the June 6, 2005 and June 21, 2005 Warrant Lists, and May, 2005 Payroll as attached to the Minutes.
Mr. Fazzalore noted the Net Cash Balances related to the Fire Department and Rescue Squad where there are significant amounts and asked when these payments are made. Mr. Fazzalore stated he is particularly concerned with the Ambulance Squad which needs the funds. Mr. Fedorchak stated typically he feels these payments are made in July but agreed to look into it.
Mr. Santarsiero noted the Expenses Page 24 regarding Capital
Construction – Rock Run Dam in the amount of $132,000. Mr. Fedorchak stated these are the two
culverts they are replacing at
Mr. Fazzalore stated he read that a new well was dug and the old well which collapsed will be re-dug. Mr. Fedorchak stated they continue to search for more sources of water and did have a new well drilled and will be looking to restore the old well to some degree. He stated he intends to have DelVal come to the next Board of Supervisors’ meeting to discuss the progress that has been made in the area over the past six months and identify some courses of action. Mr. Fazzalore stated since DelVal was the company that advised them that there was sufficient water, he questions if they should look to someone else for additional expertise. Mr. Fedorchak stated Skelly & Loy has also been looking into the situation, and he feels they will also offer their opinion to the Board of Supervisors. Mr. Santarsiero stated it seems the Golf Course is doing well for this month but year-to-date their expenses exceed revenues. Mr. Stainthorpe stated they did budget for a loss for the first quarter, and they should catch up shortly. Mrs. Godshalk stated the heavy golf season figures are not included yet. Mr. Santarsiero stated if it looks like they are having a problem meeting their Budget in the first year, he does not want them to cut back on expenses of the upkeep of the Golf Course since this would not be good from a marketing standpoint. He stated he feels they should do everything they can to keep the Course in top condition so they can get repeat players. Mr. Fazzalore stated Cash Balances show there is sufficient money to pay the first year’s interest. He does not feel there is a problem with the Golf Course making their first payment.
PRESENTATION OF HISTORICAL PRESERVATION AWARD TO CAROLYN & KEVIN FLYNN
Ms. Michelle Stambaugh presented the Historical Preservation
Award to Carolyn & Kevin Flynn for their restoration of the property at
Ms. Stambaugh and Mrs. Flynn reviewed the work that was done on the property including work on the main house, barn, and out buildings. Mr. Stainthorpe thanked
Mr. and Mrs. Flynn for preserving the past of the Township noting that not every preservation project has to be funded by taxpayers.
Mr. Majewski stated
Mrs. Godshalk moved, Mr. Fazzalore seconded and it was unanimously carried to contribute $370 to the traffic study.
AWARD BID FOR INSTALLATION OF ELECTRICAL FACILITIES FOR PHASE I OF MEMORIAL PARK
Mr. Majewski stated the Township received five bids with the low bidder being Dayton Electric.
Mr. Fazzalore stated it appears they will be spending in excess of the $1 million approved for the project. Mr. Fedorchak stated this is the only additional amount for Phase I. He anticipated there would be $50,000 left over from Phase I which should help pay for this expense of $44,000. Mr. Majewski stated they feel they are on track for the $1 million limit. They do have to discuss the water main.
Ms. Virginia Torbert asked if
Mr. Majewski stated he is not sure about this, but they did
check their references and did get good references on them. Ms. Torbert noted past problems with electrical
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to award the bid for installation of electrical facilities for Phase I of Memorial Park to Dayton Electric, Inc. in the amount of $43,863.60.
DISCUSSION AND MOTION ON WATER MAIN EXTENSION TO MEMORIAL PARK
Mr. Majewski stated the original design of the water line
was going down
Mr. Santarsiero moved, Mr. Fegley seconded, and it was unanimously carried to approve the Contract with the Pennsylvania American Water Company.
DISCUSSION OF INFORMAL SKETCH PLAN FOR
Mr. Edward Murphy, attorney, was present. Mr. Fazzalore stated his home borders this property and asked if he should participate. Mr. Garton stated he should recuse himself if he feels uncomfortable. Mr. Fazzalore joined the audience at this time.
Mr. Murphy stated the property is slightly less than fifteen
acres and has been the subject of prior Sketch Plan applications. It is one block off
Mr. Murphy stated this Plan was presented to the Sewer Authority last fall and is consistent with the CKS Plan that the Township undertook some time ago as to how public sewers could be accommodated in this area. He stated they are also aware of the survey done recently regarding the wishes of the existing residents to have public water and sewer. Mr. Stainthorpe stated most of the systems were in basically good shape when they did the study. He stated he would not consider doing this Plan with on-lot sewer and water since there are already concerns by the existing residents because of the Golf Course. Mr. Fazzalore stated the proposed sewer line will do very little for Delaware Rim. He stated he did discuss with CKS the advantage of putting the sewer line in the wooded area. Mr. Murphy stated he agrees that this Plan does not address the homes that are on Delaware Rim in the short term, but does provide for a future connection. He stated this would only be a first step. Mr. Garton stated the Applicant is agreeing to pay for the sewer and water line if they have a ten-lot development.
Mr. Murphy noted the area where the Water Company would pay for the water line rather than the developer.
Mrs. Godshalk asked why the line could not be closer to the rear of the lots and take a turn down to the stub street rather than sweeping through the woods. Mr. Fegley stated they are following the path of the stream. Mr. Murphy stated this is correct as it is following the lowest point through the property.
Mr. Fazzalore stated this is a heavily-wooded area that holds back water. He stated he has never had water in his basement and is concerned that if the woods are disturbed, he will get water in his basement. Mrs. Godshalk noted this drains the opposite way from his property. Mr. Majewski noted the Plan being shown does not show the clearing for the detention basin.
Mr. Fegley noted an undeveloped tract adjacent to this property and stated he would like to know what is contemplated for this property as well.
Ms. Joan Sherfel,
Mrs. Godshalk again questioned the location of the sewer line noting she does not feel they should disturb the stream in its present form. She feels the line should be closer to the rear of the properties. Mr. Murphy stated the route of the sewer line was determined by CKS and the engineers. He stated there may be something they can do to minimize the intrusion into the woods. He stated most sewer lines do try to follow the lowest point of elevation.
Mr. Fazzalore noted the high bank in the area, and Mr. Murphy stated this Plan contemplates its elimination and it would have to be re-graded. Mr. Fazzalore stated this bank holds all the water back. Mrs. Godshalk stated the water runs the other way.
Mr. Fazzalore stated he is still concerned with the impact on his property.
Mr. Rick Studer, Kimbles Field questioned what happened with the Realen proposal.
Mr. Murphy stated that is the Chanticleer development which has been approved but did not move forward because of the sewer issue. He noted this project will now be moving forward. Mr. Studer noted the area of the creek gets flooded during the rain.
Mrs. Godshalk stated this is why she does not want to see the sewer line put through the creek bed.
Mr. Fazzalore asked why they cannot maintain the bank, and Mr. Murphy stated it would compromise the homes proposed for that area.
Ms. Carolyn Fogel,
Mr. Stainthorpe stated this property does seem to have a number of issues. Mr. Murphy stated the Ordinance does permit five houses by right with on-lot sewer and water.
Mr. Stainthorpe stated he would be concerned with wells. Mr. Majewski stated the Ordinance does require that if they are within 1,000 feet of public water, they have to extend it to the Subdivision so the developer would be required to extend public water to the new development.
Mr. Fazzalore asked if they have investigated the wetlands on the site, and Mr. Majewski stated they have not; but the Applicant would have to do this as part of the Subdivision/
Land Development process. He stated he does not anticipate that there will be extensive wetlands outside of the floodplains on the property.
Mrs. Godshalk asked the Board’s opinion about getting another report on moving the sewer line into the yards behind the lots. Mr. Murphy stated the Board of Supervisors should discuss this with their sewer engineer. Mr. Fedorchak agreed to discuss this with CKS.
APPROVAL OF ROBERT & KATHLEEN WIDMER MINOR SUBDIVISON PRELIMINARY/FINAL PLAN
Mr. Murphy was present.
Mr. Garton reviewed possible conditions of Approval for the Minor
Subdivision for .934 acres on
Mr. James Lindus,
Mr. Murphy stated they plan to sell the lot to a builder who is not known at this time.
Mr. Lindus stated he is concerned that the house to be built will infringe on his privacy.
He stated he objects to this Application. Mr. Garton stated they cannot turn down this Application if they comply with the Ordinances. Mr. Lindus stated when he spoke about this at the Zoning Hearing Board, he was told he would be entitled to see something at a future time. Mr. Stainthorpe stated any home built would go through the Building Permit process and would have to meet the requirements for setbacks, etc.
Mr. Fegley moved and Mr. Stainthorpe seconded to approve the
Preliminary/Final Plan for the Robert & Kathleen Widmer Minor Subdivision
1) Compliance with PCS letter dated
that seven Waivers will be granted;
2) Compliance with CKS letter dated
3) Payment of Fee-In-Lieu of Recreation for one lot;
4) Compliance with Zoning Hearing Board Decision
5) Payment of all Township expenses related to the Application;
6) Receipt of all permits including PennDOT;
7) No further subdivision of either lot.
Mr. Murphy agreed to the Conditions and the Motion carried with Mr. Fazzalore abstaining.
APPROVAL OF WICK, GOLDBERG & SICHEL PRELIMINARY/FINAL
PLAN FOR MINOR
Mr. Garton stated this is a lot line change. He reviewed possible conditions of Approval.
Mr. Tom Wick was present and stated the property involved is behind his home. This property is currently owned by two adjacent property owners who cannot access it from their lots. He is therefore purchasing it from those two property owners.
Mrs. Godshalk moved and Mr. Fazzalore seconded to approve
the Preliminary/Final Plan for the Minor Lot Line Change, Plans dated
1) Compliance with PCS letter dated
2) Receipt of all permits and approvals;
3) Deed of Consolidation to be recorded with the Plan;
4) Payment of all Township expenses related to the Application to the
extent not paid.
Mr. Wick agreed to the Conditions of Approval on behalf of himself and the other Applicants, and the Motion carried unanimously.
APROVAL OF EXTENSIONS FOR CONGREGATION BETH EL AND PATTERSON FARM MINOR SUBDIVISION PLAN
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to approve extensions for the following:
Congregation Beth El – Amended Land
Development Plan to
Patterson Farm Minor Subdivision
ZONING HEARING BOARD APPEALS
Mr. Santarsiero moved, Mr. Fazzalore seconded and it was unanimously carried to authorize the Solicitor to appear in opposition of the following Appeals:
Picture Perfect Home Improvements Variance request to
construct an in-law suite encroaching into the rear and side yard setbacks and
with greater that permitted impervious surface at
Dan and Sheila Adamczyk,
Thomas J. Mack Construction Variance
request to construct a detached garage at
It was agreed to leave to the Zoning Hearing Board the following Appeals:
John Russ, III,
Dennis and Maria Salamandra,
CANCEL JULY 4 PUBLIC MEETING
Mr. Fegley moved, Mr. Fazzalore seconded and it was
unanimously carried to cancel the
RATIFY FILING APPEAL OF DUPUY ZONING HEARING BOARD APPEAL
Mr. Garton stated at the last meeting there was a presentation by some neighbors concerned with the Dupuy Application which had been granted by the Zoning Hearing Board. In the interim he provided information to the Board of Supervisors and they also received information from the neighbors. With the concurrence of four Board members, he did file an Appeal from that Decision on behalf of the Township and asked that the Board ratify that action this evening.
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to ratify the Appeal from the Dupuy Zoning Hearing Board Decision.
APPROVAL TO SELL, TRANSFER, AND DONATE USED POLICE VEHICLES
Chief Coluzzi asked for approval to dispose of used Police
vehicles either by bid, transfer to Public Works, and donation of one vehicle
a list of the vehicles and where each vehicle will be sent.
APPROVE RESOLUTION NO. 2088 REGARDING TRANSPORT OF NERVE GAS
Mr. Stainthorpe stated at the last meeting they had an
extensive discussion about the fact that the Army wishes to ship nerve gas
Mr. Santarsiero moved and Mrs. Godshalk seconded to approve Resolution #2088.
Mrs. Godshalk stated she feels they should extend the
notification area to the elected representatives of the areas where this train
will be moving through. Mr. Santarsiero
stated when he drafted the Resolution he did it in a way that they would notify
our elected representatives because they were concerned with its transportation
through Bucks County and whether or not this should be disposed of anywhere
other than Indiana. Mrs. Godshalk stated
they had discussed notification of the areas where the train passes
through. Mr. Santarsiero stated this
would be a lot of representatives if they considered every point along the
Mr. Fedorchak if he had someone who could identify all of these representatives.
Mr. Stainthorpe stated he feels this goes beyond the scope of what they intended and they really only wanted to go on record of being in opposition to this. Mrs. Godshalk stated she feels they want to stop it. Mr. Stainthorpe stated the Resolution is urging the Legislators and Congressmen to take action as the Lower Makefield Board of Supervisors have no power to stop it. Mrs. Godshalk noted the individuals to whom it is currently proposed to be sent and suggested that it go to more Federal people. She suggested that they send it to the Senators of the States involved, and Mr. Santarsiero agreed to revise this.
Motion carried unanimously.
There being no further business, Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to adjourn the meeting at
Grace Godshalk, Secretary