BOARD OF SUPERVISORS
MINUTES – MAY 2, 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
James Majewski, Township Engineer
Kenneth Coluzzi, Chief of Police
Ms. Elizabeth Bryant,
Ms. Sue Herman noted the accident which took place this
morning between a
May 2, 2005 Board of Supervisors – page 2 of 16
on a status report and will take the matter up with Secretary Hoffman as well. He will report back to the Board at a public meeting.
Ms. Herman asked for an update on the status of traffic
Mr. Majewski stated they are doing the design work to prepare the plans to submit to PennDOT and they are also working on getting the traffic signal in at Woodside and Lindenhurst Roads and forwarding that to get the Plans submitted. Ms. Herman asked for an estimated time of construction, and Mr. Majewski stated it will probably not begin until the winter. Upon questioning on the width of the lanes, Mr. Majewski stated he feels eleven foot lanes are satisfactory to PennDOT.
Mr. Bob Slamen,
APPROVAL OF MINUTES
Mr. Santarsiero moved, Mr. Fegley seconded and it was unanimously carried to approve the Minutes of March 29, 2005 as written.
Mr. Santarsiero moved and Mr. Fegley seconded to approve the Minutes of April 4, 2005 as written. Motion carried with Mr. Fazzalore abstaining.
APPROVAL OF APRIL 4, AND APRIL 18, 2005 WARRANT LISTS AND MARCH,
Mrs. Godshalk moved, Mr. Fazzalore seconded and it was unanimously carried to approve the April 4, and April 18, 2005 Warrant Lists and March, 2005 Payroll as attached to the Minutes.
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CONFIRMATION OF EAGLE SCOUT PROCLAMATIONS
Mr. Santarsiero moved, Mr. Fegley seconded and it was unanimously carried to confirm Eagle Scout Proclamations for the following: Kevin Argentieri, Clark Gregory Bremble, Russ Kantner, John William Schaub, and Douglas William Triton.
Ms. Liuba Lashchyk was present with Ms. Ellen Saracini, and Ms. Clara Chirchirillo from the Committee. Ms. Lashchyk presented the drawings of the final design for the Memorial. She stated this is the same concept presented some years ago in the renderings. The Committee has been working to raise funds to make the Memorial a reality. She reviewed the various elements of the Plan and noted the location where the names of the seventeen Bucks County victims will be placed. There is also a location for the names of the 3,000 victims to be inscribed. Ms. Lashchyk thanked the Committee for working on this Plan as well as the Township Manager and the Board of Supervisors.
Mr. Stainthorpe asked where the Committee is in terms of fundraising versus the estimated cost of the construction. Ms. Lashchyk stated a professional estimate was done last year, but the cost of the steel has since gone up; and they have increased the design elements somewhat as well. She stated in the bid, they are proposing to bid only the main elements and the rest will be add-on elements so that if there are sufficient funds they can add these on. Mr. Fazzalore stated they have records indicating that they have $538,000. Ms. Saracini stated $100,000 will also be coming from the Living Memorial Grant which is not included in that amount.
Mr. Majewski stated his office has reviewed the Plans, and they are in order.
Mr. Fazzalore moved and Mrs. Godshalk seconded to authorize the public bid for the project.
Mrs. Godshalk stated this Wednesday they will be having another meeting for another fundraiser. She stated it has been thirty-nine months since they first met. She stated they are looking forward to this as a place of reflection for those who were lost and for looking ahead to the future.
Motion carried unanimously.
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DISCUSSION AND TABLING OF GOLF COURSE RESIDENT IDS
Mr. Frank Draper was present. Mr. Stainthorpe stated the Board did discuss this previously some months ago and the Board of Supervisors decided not to proceed with
the ID cards. He
stated the Golf Committee felt very strongly about this, and this is why this
is back on the Agenda this evening. Mr.
Draper noted the award the Golf Course received on customer satisfaction. He noted the information this provided shows
the locales from where the golfers are coming.
He stated 50% of the golfers are coming from zip code 19067. The Golf Course Committee has had several
discussions as to how to identify
Mr. Draper stated in an effort to completely eliminate any
doubt and improve the process and make it quick and efficient, they would
recommend that a resident ID card with picture be offered to every
Mr. Stainthorpe asked Mr. Fedorchak for information on the set-up costs. Mr. Fedorchak stated they anticipate $5,000 in equipment purchases. They also anticipate annual supply costs of approximately $500 per year. Mr. Stainthorpe asked what they determined to be the cost per card, and Mr. Fedorchak stated he feels it was under $10. Mr. Fazzalore asked if they would need another employee to do this, and Mr. Fedorchak stated they would not need to hire an additional employee but one of the part-time employee’s hours would be increased at the time when they would invite the golfers in to have their pictures taken.
Mr. Stainthorpe asked why it would be better to have the
picture taken at the
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person on stand-by to help with the registration
process. He feels if they do it at the
Mr. Stainthorpe stated he is concerned that because it is
inconvenient for people to come to the
Mr. Draper stated they would have to consider if they could
do it at the Golf Course on the weekends since the
Mr. Fazzalore asked if they have any idea as to how much money they are losing compared to what the program will cost. Mr. Draper stated they do not really know this. He stated people on the Committee and others have seen people in the parking lot collecting the money and then only one person goes in who is the resident who then signs up three non-residents to play at the resident rate.
Mr. Fazzalore stated he is concerned that this additional
work at the
Mr. Santarsiero stated previously when they discussed this, it was noted that the Kemper people were not asking for identification of those coming in to golf. He stated before they spent any money to proceed with this program, he felt they should try to first tighten things up at the Golf Course and see if this is really a problem. He asked if they are now consistently asking people for identification as they come in. Mr. Draper stated he does feel they have been doing this more often; however, the only thing they have to go by is the street address and if there is hesitation they do ask for a driver’s license. He stated it does get busy and there are times when it is five to six people deep at the counter and things could slip by.
Mr. Fegley stated he feels they should require that four driver’s licenses be presented if there are four golfers. Mr. Fegley stated even if they issue ID cards, if only one person comes in, non-residents could still be slipping by.
Mrs. Godshalk stated there are also other zip codes which
are still in
Mr. Stainthorpe stated he does like the idea of ID cards because it takes the guess work out of this and will simplify the process. He stated they should look again into the equipment costs; and once they know this, they should start doing cards now, but not make them mandatory until next season which will give people time to get a card.
Mrs. Godshalk stated she feels they should have the card that is good longer than one year.
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Mr. Draper stated some of the surrounding Municipalities have found that there is an influx at the beginning. The card should be perpetual and once it is in the computer, you just re-register it. Mr. Fegley asked what would happen if someone moves out of the Township and keeps the card; and Mr. Draper stated this could be a problem.
Mr. Stainthorpe stated they could update it each year with a sticker.
Mr. Sam Conti asked about the possibility of a computer screen with the residents listed. Mr. Draper stated there would not be a picture. Mrs. Godshalk stated it will also not pick up renters.
Mr. Tom Stevenson asked about the system used at the Pool with the Pool passes.
Mr. Stainthorpe stated pictures are provided by the members
who send them in to the Township. The
passes are good for two to three years and stickers are affixed each year. He stated they felt the problem with this
would be someone going to play golf may or may not have a picture with
them. Mr. Fedorchak stated the process
they are considering for the Golf Course pass is that the individual would come
in and fill out the application form, they would then take a photograph which
would print out and they can then immediately go golfing. Mr. Stevenson stated if they did it the same
way they do the Pool Membership, they could mail it out annually to the address
which would guarantee that they are actually
Mr. Zachary Rubin stated he is against this idea. He stated the Golf Course Committee previously indicated that there should not be a Membership into the Club and he feels this is the fist step into a membership. He stated wherever else a photo member ID is required such as BJ’s, LA Fitness, they do not charge for a card. He stated he has been to the Golf Course and people do ask for this information and he does show his driver’s license. He stated while there are Lower Makefield residents who do not have 19067 Zip Codes, they could have a list at the Golf Course of the streets in Lower Makefield which have other Zip Codes.
Mr. Mike Morlath, Del Rio Drive, stated possibly the Golf Course could create a data base and once you have gone in once, it would then be in the computer and you would not have to show an ID again.
Ms. Virginia Torbert stated she was under the impression that this was a high class Golf Course, and now she is hearing that teenagers are handling this that are not well trained. She stated even if someone had an ID card, that one individual could still come in and then pay for a foursome when only one was actually a Township resident. She stated they should require that all four licenses or cards be presented.
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Mr. Pat Frain,
Mr. Kevin Clark,
Mr. Stainthorpe stated since they do not have the hard costs, they should take this matter up at the next meeting before taking action.
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to table.
Ms. Mary Mavis, Mr. James Tolbert, and Ms. Laurie Grey were present. Mr. Stainthorpe asked that they limit their comments this evening to new information since this matter was discussed for many hours previously.
Ms. Mavis stated they did have the light test done but do not have the final results back yet. They have preliminary results. Ms. Mavis stated the Plan is to increase the lighting 33% over the current lighting. She stated they were told at the Park & Recreation Board that it was Ordinance #178.53 which was used by the Township’s electrical engineer which discusses the candle foot and not having any direct lights into their neighborhood. It also suggests a height structure not to exceed 20’ for the poles upon which lighting structures would be on. Ms Mavis stated they have studied this Ordinance and feel that the current lights are out of compliance. They are asking for a commitment to bring the old lights into compliance as well as to insure that the new lights will be in compliance. She stated they understand that there are good shielding mechanisms that were not used on the existing lights that would contribute to shielding their neighborhood from the current lighting. She stated they also found out at the Park & Recreation meeting that PAA cannot get two games in, in the evening if they are required to have games completed at 10:00 p.m. She stated they are out of compliance since it only takes one point to be out of compliance. They are requesting that they bring this into compliance and reconsider the benefit to installing lights when they will not have the possibility of completing two games in a night. She stated PAA did not indicate that they could get two games in and they indicated that they are not two hour games and are actually much longer because the adult games go into extra innings.
May 2, 2005 Board of Supervisors – page 8 of 16
Ms. Mavis stated they do not feel there should be any direct lighting approaching their neighborhood. She noted a photograph of the neighborhood taken with all the lights on which shows that there is direct light. Ms. Mavis stated they would like to be involved in this process since they have not been involved in the past. She stated while there are only
forty-two residents, they still feel the Board of Supervisors should protect their rights and the Ordinances be complied with.
Mr. Stainthorpe stated at this point they have listened to their concerns a great deal so the argument that they have not been involved is moot. Ms. Grey stated they are asking that this continue. Mr. Stainthorpe stated the Township engineer could discuss their study with the residents’ engineer. He stated he does feel that they should be in compliance but the presentation he has heard from the Township’s engineer was that there were in compliance. He stated if there are better lights that throw off less radiant light, they should be included as an alternate in the bid. He stated it is not on the table to redo the existing lights. Mr. Stainthorpe stated they will get the facts as to whether or not they are out of compliance. Ms. Mavis stated they are not requesting that the existing lights be taken down, but they would like them to be in compliance. She stated there is a glare factor when you look at the current lights.
Mr. Majewski stated the test did show there was one hot spot at the cemetery but within the Rivergate development, they were in compliance. He agrees that there are some lights which could be re-pointed and shielded to cast less light on the development.
Mr. Tolbert noted the four lights that face their neighborhood along the cemetery line are the ones that are causing the most challenges.
Mr. Stainthorpe stated he does agree that the lights should
be turned out by 10:30 p.m. He asked PAA
if the new lights will meet their needs.
Mr. Kevin Hand, PAA, stated they do run two hour limits on games. The last game will be over at 10:00 p.m. and
the lights will go off at 10:30 p.m. Mr.
Hand noted surrounding Municipalities turn their lights off at 10:45 p.m. and
Ms. Mavis stated PAA commented at the Park & Recreation Board that these were not two hour games. Mr. Truelove stated there are some adult games that go over two hours.
Mr. Mark Cope stated the discussion they had with regard to the time limits was that they did not want to have to have the lights go off at 10:00 p.m. but wanted time to get to their cars. He stated they can definitely get two games in. Ms. Mavis stated at the Park & Recreation Board they stated the younger players’ games took two hours but not the older players. Mr. Fegley stated if the lights go out at 10:30 p.m., that would be the end.
Ms. Mavis stated their concern is whether these fields will be used or will the Township be spending money for lights and they cannot play the games. Mr. Santarsiero stated he presumes that they will do their best to get the games in. Mr. Fegley stated he does not feel the fields will be vacant. Mr. Truelove stated for the most part the fields will be used
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regularly and probably overused. He stated the Township population has increased and this is a community issue. He stated they were using these fields before Rivergate was built.
Mr. Gene Castone,
Mrs. Godshalk stated Mr. Truelove indicated that they were playing at Macclesfield before Rivergate was built and this is inaccurate. Mrs. Godshalk stated the Park was there before Rivergate was built but the lights came in after Rivergate. Mr. Truelove stated the purpose of the Park was established some time ago and the recreation needs of the Township have increased.
Mr. Fazzalore stated he feels they should have the engineer study the glare issue so that they are in compliance.
Mr. Majewski stated to help out the residents with some of their concerns over light and noise, they have had discussions with Ms. Liney and she has had discussions with the Rivergate residents about the possibility of installing additional buffering which hopefully will cut down some of the noise and the light. They have prepared a Plan which shows twenty pine trees to be ten to twelve feet tall staggered along the western side of the bikepath. They have two options – one with all evergreen trees and the other
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with a mix of evergreens and maples. To get the full buffering effect throughout the year, it would be better to have the evergreens. Ms. Mavis stated they would like to see this done.
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to approve the additional buffering using all evergreens.
DISCUSSION OF DEMOLTION OF BANKO HOUSE AND MOTION TO REJECT ALL BIDS
Mr. Stainthorpe stated the Banko house is on
Ms. Helen Heinz was present and stated they have determined
this house dates to the 1840’s. It has
been substantially renovated but is very solid.
They are investigating options to retain the house at either that
location or move it to
Mr. Stainthorpe stated they did have Mr. Marshall visit the house and he indicated there was very little left that was of real historic significance because of the renovations that have been made.
Ms. Heinz stated they have some private people who are looking into moving it.
Mr. Fazzalore stated if there is the possibility of someone moving it and refurbishing it, he would be willing to listen to this. Mr. Stainthorpe stated he is interested in this as well, but would like there to be time limits on this. He stated he has been told there may be items that are of value in the house and if no one is interested in moving it, they could retrieve that material. He stated otherwise, the house should come down. He stated they are not in the position to own every historic property in the Township. Mr. Santarsiero stated he agrees with Mr. Fazzalore; however he does not want to see the house at the current location as they purchased the property to be added onto the Five Mile Woods.
Mr. Stainthorpe stated he feels there should be a time limit because it is an eyesore.
Mr. Santarsiero asked how much time they would need, and Ms. Heinz stated she feels thirty days would be sufficient. Mrs. Godshalk stated she would like to give them sixty days.
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Mr. Hoffmeister stated he believes the bid is only good for thirty days and was taken on April 6. Mr. Garton stated they could reject the bids or ask the low bidder to extend their bid to the additional period to encompass the sixty days knowing the Board may not even award the bid at the time if it is determined that the house will be moved. Mr. Garton stated he feels it would be best to reject all bids and re-bid it if they have to.
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried to reject all bids.
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried to give sixty days to see if someone can move the house.
Mr. Fedorchak stated they will put this back out to bid and time it such that it will be back after the sixty days time limit.
Mr. Garton stated the request is to place communication
antennas and equipment on an existing tower off of I-95 and
There was no public comment.
Mr. Fazzalore stated they are replacing some older antennas which were placed at the 208’ and 176’ levels. Mr. Benner stated this will also permit them to erect a shelter and activate the antennas.
Mr. Santarsiero moved and Mr. Fazzalore seconded to approve the Conditional Use Application Plan dated 1/25/05, last revised 2/14/05 subject to:
1) Receipt of all permits and approvals to the extent applicable from
any Agency having jurisdiction;
2) Compliance with PCS letter dated 4/6/05;
May 2, 2005 Board of Supervisors – page 12 of 16
3) Applicant provide financial security which would be a guarantee
4) Land Development be waived;
5) Payment of all Township expenses related to the Application to the
extent not paid;
6) To the extent not referred to, that the Applicant comply in all respects
with the Zoning Ordinance provisions;
7) Landscaping be consistent with the other landscaping on site;
8) Building to be consistent with existing buildings with the Township
Manager to make sure that this takes place.
Mr. Benner agreed to the Conditions, and the Motion carried unanimously.
APPROVAL OF DEVELOPMENT AND FINANCIAL SECURITY AGREEMENTS
Mr. Santarsiero moved, Mrs. Godshalk seconded and it was
unanimously carried to approve the Development and Financial Security
Agreements with Liberty Property Trust for the property at
APPROVAL OF PRELIMINARY PLAN PHASE I FOR FLOWERS-MADANY TRACT
Mr. Garton reviewed possible Conditions for approval of the Preliminary Plan for Phase I only of the Flowers-Madany Tract. Mr. Shafkowitz was present representing the Applicant.
Ms. Torbert asked the location of the entrances, and Mr.
Shafkowitz stated there will be two entrance points – one off
May 2, 2005 Board of Supervisors – page 13 of 16
Mr. Norm O’Rourke stated he owns an adjacent lot in
Mr. Shafkowitz stated they did not get a request for this but they could consider this at the time of Phase II. Mr. O’Rourke stated he did discuss this with Mr. Zarko and he indicated it should not be a problem. He stated his land is possibly now subdividable and he asked if he could get approval for this. Mr. Garton stated he would have to come in with a Plan; and if they meet the Ordinances, they could get approval.
Mr. Santarsiero moved and Mr. Fazzalore seconded to approve the Preliminary Plan for Phase I of the Flowers-Madany Tract Plan dated 2/27/03, last revised 3/16/05 subject to:
1) Receipt of all permits and approvals to the extent applicable;
2) Compliance with the PCS letter dated 3/23/05 with Waivers as follows:
a) From Section 178-22.29 related to pavement cores
b) From Section 178-93C9 related to the grade at the bottom
of the basin be 1% as opposed to 2%
3) Continued compliance with Decisions of the Zoning Hearing Board
4) Compliance with CKS letter dated 3/17/05;
5) Applicant to pay Fee-In-Lieu of Recreation in accordance with
6) Compliance with
7) Graystone Lane be reduced from 36’ to 30’ with the difference in
cost to be contributed to the Township at the time of signing and
execution of Development and Financial Security Agreements.
Mr. Shafkowitz agreed to the Conditions, and the Motion carried unanimously.
APPROVAL OF EXTENSIONS FOR FLOWERS/MADANY TRACT PHASE II, MINEHART/MASSETTI PRELIMINARY SUBDIVISION, AND
WICK, GOLDBERG & SICHEL PLANS
Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve extensions for the following:
Flowers/Madany Tract Phase II,
Minehart/Massetti Preliminary Subdivision Plan to 8/31/05
Wick, Goldberg & Sichel Preliminary/Final Plan to 7/21/05
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APPROVAL OF CERTIFICATE OF APPROPRIATENESS TO GIANT SUPERMARKET
Mr. Fazzalore stated HARB recommended approval for this sign. A representative from the Sign Company was present and stated the letters will now be red instead of orange.
Mr. Santarsiero moved, Mr. Fazzalore seconded and it was
unanimously carried to approve the Certificate of Appropriateness to Giant
ACKNOWLEDGE REQUEST OF FARMLAND PRESERVATION INC FOR INCLUSION OF PARCEL NO. 20-17-47 (CLEARVIEW) IN THE AGRICULTURAL SECURITY DISTRICT
Mr. Santarsiero moved, Mr. Fazzalore seconded and it was unanimously carried to acknowledge receipt and refer this to the Planning Commission and Agricultural Security Committee and have appropriate advertisement take place.
APPROVAL TO SELL 1985 JOHN DEERE BACKHOE
Mr. Santarsiero moved, Mr. Fegley seconded and it was unanimously carried to sell the 1985 John Deere Backhoe Model 710 to Donald Sheese.
APPROVAL OF GASOLINE/DIESEL/FUEL OIL CONTRACT
Mr. Santarsiero moved, Mr. Fazzalore seconded and it was unanimously carried to approve the Gasoline/Diesel/Fuel Oil contract
AWARD CONTRACT FOR REPLACEMENT OF TOWNSHIP BUIDLING CURB AND SIDEWALK
Mr. Santarsiero moved, Mr. Fegley seconded and it was
unanimously carried to award the Contract for replacement of
Mr. Fedorchak asked that Mr. Majewski discuss this matter
with the Disabled Persons Advisory Board before proceeding. Mr. Majewski stated they did make sure that
the bid specs were
May 2, 2005 Board of Supervisors – page 15 of 16
Ms. Torbert asked and was provided specific information on
the above matters regarding Public Works items.
Mr. Stainthorpe stated the back hoe was sold for $14,700 at public bid
and this was the high bid. He reviewed
the various fuel oil prices which are significantly below market prices. He stated they did get two bids on the
SCHEDULING ROAD TOUR
Mr. Stainthorpe stated they would like to schedule a Road Tour on Saturday, June 4 since there are a number of people who are not available on Fridays. Mr. Coyne stated he will proceed on this; and if the Board has ideas on what they would like to look at, they should advise him and he can put an itinerary together.
APPROVE RESOLUTION NO. 2082 ESTABLISHING A D.R.O.P. PROGRAM
Mr. Garton stated an Agreement was reached through an Arbitrator that the Township needed to proceed with a D.R.O.P. Program.
Mr. Santarsiero moved and Mr. Fazzalore seconded to approve Resolution No. 2082 establishing a D.R.O.P. Program.
Mr. Fazzalore asked that an explanation of this program be provided to the public.
Mr. Garton stated this Program permits Police Officers only,
who would otherwise qualify for retirement, to “retire, but not really
retire.” The payments that would
normally go to them upon their retirement are placed into a separate account
and are invested for their purposes. They
continue to work for the Township for a period not to exceed four years, but
they are not given any additional contributions toward their Pension Fund. This was a matter which was directed to be
provided by the Township pursuant to Arbitration several years ago. One of the Conditions required was that this
be accepted by an
Motion carried unanimously.
ZONING HEARING BOARD MATTERS
Mr. Fegley moved, Mr. Santarsiero seconded and it was unanimously carried that with regard to the Anthony and Marta Jaramillo Rana Variance request to install an in-ground
May 2, 2005 Board of Supervisors – page 16 of 16
pool and concrete apron at
It was agreed to leave to the Zoning Hearing Board the Bernard
and Alisa Dupuy Variance request to construct a garage encroaching into the
side yard setback for the property at
Mr. Santarsiero stated the Southeastern Bucks League of
Municipalities will be held on the last Tuesday of the month at
Promotion of Officer Brian Golder – Chief Coluzzi stated they currently have a vacancy for the rank of Corporal. Mr. Golder competed for that rank along with five other Officers and came out number one. Mrs. Godshalk moved, Mr. Fazzalore seconded and it was unanimously carried to promote Officer Brian Golder to the position of Corporal effective May 3, 2005.
Approve Joint Application by the Township, Matrix and RAM – Mr. Santarsiero moved, Mr. Fazzalore seconded and it was unanimously carried to approve the Joint Application by the Township, Matrix and by RAM to the Pennsylvania Supreme Court requesting that the Supreme Court remand the proceeding to Judge Heckler for the purpose of possibly approving a Settlement.
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried to appoint Maureen McCue to the Historic Commission.
There being no further business, Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to adjourn the meeting at 9:25 p.m.
Grace Godshalk, Secretary