BOARD OF SUPERVISORS
The regular meeting of the Board of Supervisors of the
Mr. Stainthorpe stated Mr. Majewski who filled in for Mr. Williams during his Military Duty, will be the Township engineer going forward.
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
Thomas Roche, Police Department
Ms. Sue Herman stated
Mr. Fedorchak stated they have identified six projects. He noted the order of priority based on recommendations from the Police Department and Township engineers as follows:
2) Pine Grove/Big Oak Intersection
3) Yardley/Newtown/Creamery Road Intersection including traffic light
4) Second Phase of
6) Increase the size of the culvert underneath
in the area of the Canal.
Ms. Herman asked if they know when the public meeting will be held by Bucks County Planning Commission where oral and written testimony can be submitted, and
Mr. Fedorchak agreed to look into this. Ms. Herman thanked the Township for
submitting Phase II of the
Mr. Richard Adams,
a swale and they were turned down
and told they could not allow water to go from their property onto another
property. Mr. Adams stated he has asked
from the first meeting that the location where the bollards are currently,
where there is approximately 28’ from the bollards to the sidewalk at the
cul-de-sac; and in that 28’ the blacktop rises in this area approximately
18”. He has asked that this be lowered
Mr. Stainthorpe asked if there is a reason why they cannot deal with these problems.
Mr. Majewski stated they have been dealing with these issues. Mr. Majewski stated
Mr. Adams indicated that the impervious surface calculations were incorrect, and added in this instance Mr. Adams is comparing “apples to oranges.” He stated they did their calculations based on the information shown on the approved plans, and Mr. Adams is looking at another survey done ten years prior by someone else, and is not including the stone that exists. Mr. Majewski stated typically stone driveways are considered impervious.
Mr. Stainthorpe asked if Mr. Adams is getting water in his
home, and Mr. Adams stated it is washing out the earth on the side of the paved
portion and carrying it across
Mrs. Godshalk stated when the
Mr. Stainthorpe asked that Mr. Fedorchak and Mr. Majewski meet with Mr. Adams along with a representative of DeLuca, who is the developer. Mr. Adams asked why a DeLuca representative needs to be included, and Mr. Stainthorpe stated they are the developer and are paying for this. He stated the Township will not accept Dedication
until everything is done properly. Mr. Majewski stated they have been working to address these problems. The developer still has work to do which should take care of most of the concerns. Mr. Adams stated he wants the Township to follow their Codes.
Mr. Doug Wolf thanked Mr. Fedorchak for his prompt attention to his letter regarding a vehicle which had been at the same location for four months.
Mr. Zachary Rubin,
They want this to continue as a public service organization. Mr. Fazzalore stated the employees of McCaffrey signed a waiver releasing the funds so that money could be given to other than McCaffrey employees since they are all now working again and there was still a balance. He stated he feels they will make some distribution in October.
Mr. Santarsiero asked that the Board discuss the issue of
Mr. Tom Stevenson,
Mr. Fedorchak stated they received a report from the electrical engineer concerning the work that has been done to bring the lights into compliance. He noted there was an area which exceeded the Township standards. He understands that Ms. Mavis, one of
Mr. Stevenson’s neighbors, has a copy of this report. They are now in compliance with the Ordinance.
Mr. Fedorchak stated he recalls that at least one of these basins has protected natural resources which is why they are not mowing the entire basin. He is not sure this applies to the basins Mr. Patel is identifying, but agreed to look into this further and get back to Mr. Patel.
Ms. Dana Weyrick,
APPROVAL OF MINUTES
Mr. Santarsiero moved, Mr. Fegley seconded and it was
unanimously carried to approve the Minutes of
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was
unanimously carried to approve the
Mr. Fazzalore stated the Finance Director noted in her report that they are almost 100% on the transfer taxes already. He stated there are a number of Departments which are over-Budget. Hr stated the Police Department overtime is already past the Budgeted amount. Mrs. Godshalk stated they have collected 98.5% of the Real Estate Taxes during the Discount Period which is very good. Mr. Santarsiero stated the Pool also cleared approximately $190,000 this year which is approximately $70,000 more than typical.
DISCUSSION OF CONTRACT TO CONSTRUCT THE
Mrs. Godshalk moved to approve the construction of the 9-11 Memorial and award the bid to Building Restoration, Inc. with a base bid of $714,000. Mr. Fazzalore seconded.
Mr. Fazzalore stated the $714,000 does not include the
alternates which would bring it to $1,230,000.
He stated he also understands that they currently have $548,233 in the
account, and they are now approving $714,000.
He asked where the remainder would come from. Mrs. Godshalk stated the money will be
raised. She stated from
Mr. Fazzalore moved to amend the Motion that the
Ms. Ellen Saracini and Ms. Clara Chirchirillo, members of the Committee, were present along with Ms. Liuba Lashchyk, the architect.
Mr. Santarsiero seconded the Amendment to the Motion.
Ms. Lashchyk showed the rendering of the Memorial including that which will be included in the base bid and the alternates.
Mr. Stainthorpe asked if they have checked out the low bidder to insure that they can do this work, and Ms. Lashchyk stated she did review their references and has visited sites they have worked on. Ms. Lashchyk stated Building Restoration does use the Sub-
Contractor she has worked with on the design and she showed the prototype which had been prepared.
Mr. Stainthorpe asked if they will continue to raise funds over the $714,000, and
Ms. Chirchirillo stated they next want to work toward the 3,000 name wall.
Mr. Adams asked if the contractor is required to be bonded, and Mr. Stainthorpe stated they are.
Mr. Garton stated he has not yet reviewed the Agreement, but he will do so.
Motion to approve the Amendment carried unanimously.
Mrs. Godshalk thanked the 2,018 people who made donations to the Memorial.
Ms. Sue Herman thanked the Committee for all the work they have done.
Motion as amended carried unanimously.
DISCUSSION OF CONTRACT MANAGEMENT SERVICES FOR CONSTRUCTION
Mr. Fedorchak stated they will have PCS perform as the construction manager but in addition to that Ms. Lashchyk has been trying to find a consultant with experience in fountain construction who they will add to the team.
APPROVAL OF ORDINANCE NO. 352 ESTABLISHING SEX OFFENDER RESIDENCY RESTRICTIONS AND PENALTIES FOR VIOLATIONS
Mr. Santarsiero thanked the Board for getting the proposed
Ordinance this far. He stated he
proposed this in July, and this came about as a result of concern of those who
have young children in the Township and their attempt to protect them from sex
offenders noting that there were already six sex offenders living in
He looked at other Towns in the Country which had similar
Ordinances although none are as well put together as the proposed Lower Makefield
Township Ordinance that creates zones of protection in areas where children are
likely to congregate. He stated this
Ordinance will state that anyone under the State’s Megan’s Law that has to
register with the State for having committed a sex offense, would be precluded
from moving within 2500 feet of the facilities as defined in the
Ordinance. Mr. Santarsiero thanked Mr.
Ron Smith and Mr. Greg Caiola who also worked on this proposed Ordinance. He added questions have been raised as to
whether this Ordinance can pass a Constitutional challenge, but he feels based
on the success of a similar Statute in
Mr. Santarsiero moved and Mr. Fazzalore seconded to approve Ordinance No. 352.
Mr. Stainthorpe stated while he is not going to vote against the Ordinance, he does have grave reservations about the Constitutionality of this and has in fact consulted with the District Attorney and a number of other people who have expertise in this area, and they feel the definition is too broad which makes it vulnerable to being overturned. He feels they should have consulted an expert in the area of Sex Offender law to make sure that they have the best definition. He is concerned that they are rushing into this.
Mr. Santarsiero stated there has been a suggestion that this
Ordinance be limited to those who under State law are called Sexually-Violent
Predators; but under the State law it is so strict that in one case an offender
who had repeatedly abused two young girls and made threats was not ultimately
deemed as a Sexually-Violent Predator under the State law and that individual
would be able to move into the Township if they limited this Ordinance to
Sexually-Violent Predators. He stated
Mrs. Godshalk stated she will vote in favor of this because she is concerned with the potential victims and feels this is the best way they have to protect them.
Ms. Virginia Torbert asked about enforcement. She stated the Ordinance indicates that the
Police Department will enforce this. Mr.
Santarsiero stated under
Mr. Stainthorpe asked if the Iowa Statute which was challenged in Federal Court had a similar definition to that which is proposed in this Ordinance; and Mr. Garton stated there have not been a lot of cases interpreting this kind of Ordinance and he assumes they will see more decisions as they go forward; however, he is comfortable with the radius proposed of 2500’.
Mr. Santarsiero stated one of the distinctions between how “ordinary” sexual offenders and sexually-violent predators are treated under the State law is that sexually-violent predators have to register for the rest of their lives; while sexual offenders register for a ten-year period. He stated the proposed Ordinance keys to the period of registration.
When the ten-year period has elapsed, it no longer applies. He stated he feels this makes it more likely that the Ordinance will withstand a challenge.
Mr. Fred Allan asked if there will be a map put together to show organizations which areas are designated. He noted particularly his concern with the area between the girl’s softball and boy’s baseball fields. Mr. Allan also suggested that the names be obtained from the transfer tax roles and provided to the Police Department of those moving into the Township. Mr. Stainthorpe stated they would miss renters doing it in this fashion. Mr. Allan stated they could get a list of names of those moving in to rental units from the rental developments in the Township. He feels the Realtors would be very cooperative in this as well.
Mr. Garton stated a map will be provided shortly but he wants to make sure that it is clear that this is not an exclusion Ordinance; this is a buffer Ordinance. He stated the 2500’ is a buffer – not an exclusion. Mr. Santarsiero stated this buffer was chosen because they felt it provided adequate protection and was more likely to pass Constitutional muster.
He stated he feels they will be able to identify these people as they move into the Township the way the notification system works under State law.
Mrs. Godshalk stated currently people who purchase homes or rent in the Township are required to obtain a Move-In Permit so if the Real Estate offices enforce the law they already have, this should be sufficient.
Motion carried unanimously.
APPROVAL OF DEVELOPMENT AGREEMENT AND SET ASIDE ESCROW AGREEMENT FOR BOXWOOD FARMS
Mr. Garton asked that Mr. Fedorchak make certain that he has received the Bond before issuing Building Permits.
Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve the Development Agreement and Set Aside Escrow Agreement for Boxwood Farms.
APPROVAL OF AMENDED
Mr. Edward Murphy, attorney, was present with Mr. Mike Cretski.
Mr. Garton stated in 1995 Congregation Beth El received its initial Approval, and they are now returning to the Township for Approval of Phase II. He reviewed possible Conditions of Approval.
Mr. Fazzalore stated a number of residents were present at the Planning Commission meeting when this matter was discussed who were concerned about water run off.
Mr. Murphy stated the Township engineer has gone out to the
site to see if the proposed facility would have an impact. Mr. Majewski stated he went out to the site
on Friday after the rain to see if there were any existing run off conditions
from the existing facility and/or whether it would be impacted by the proposed
additions; and he did not see anything that would have an impact on some of the
problems people are having with drainage.
He stated there are extensive wetland areas on the properties on the
south side and on the southwest corner of the property abutting the
Mr. Rick Marsella, 394Twig Lane, stated he is concerned with the height of the lights to be installed. He stated he feels the existing lights are over 20’ and he felt that they were told they were 15’. He stated the original Plan was approved ten years ago and a number of the developments in the area were not built at that time. Mr. Majewski stated the new lights will be 15’ high. He is not sure of the height of the existing lights. Mrs. Godshalk asked if there are lights that could have a shield so the light does not go toward the homes. Mr. Majewski stated the Plan does show that the light will be directed downward with less spill to the sides. Mr. Marsella noted the grading of the parking lot adding that on the Plan it is shown at the minimum of 1%. He asked if they could get it to 2% which is the minimum required for a grassy area. He stated he lives behind the parking lot and is concerned about the water run off. Mr. Majewski stated they could meet at the site to see this particular location. He added he does not feel that there will be an impact on his property from this facility. He does not feel raising the parking lot grade will have an impact as the water is already being channeled in the direction of the existing detention basin. He feels 1% will be adequate in a heavy rainfall.
Mr. Fazzalore stated at the meeting they asked if there will be a Phase III, and
Mr. Murphy stated there is a Plan for Phase III. It is approximately 2,000 square feet which may be done in the next few years, and there is sufficient ground to construct Phase III.
Mr. David Bigos,
there is a cap in the Ordinance and they do not exceed it. Mr. Bigos asked if this is considered Commercial property; and Mrs. Godshalk stated it is zoned Residential.
Mr. Stainthorpe stated places of worship are permitted in all Residential Zones by Special Exception. Mr. Garton stated they did receive a Special Exception from the Zoning Hearing Board for this use. Mr. Bigos noted the Day Care business, and Mr. Garton stated it is considered under the law as accessory to the religious use. Mr. Bigos asked if the hours of operation will change. Mr. Murphy stated they will not. Mr. Bigos asked if there are time limits on the lights, and Mr. Cretski stated currently they go off by
Mr. Bigos asked if the lights could be turned off sooner if there it not a night function. Mr. Cretzki stated currently they are on a timer and no one would be there every night to turn them off. Mr. Bigos noted the last several weeks there have been parties held at the facilities. Mr. Cretzki stated on Sunday they did have an Open House in the afternoon. Mr. Bigos asked if there is a Noise Ordinance, and Mr. Garton stated there is and they would be subject to the restrictions. It would be measured at the property line as to the decibel level.
Ms. Laura Kaysar,
Mr. Fazzalore moved, Mrs. Godshalk seconded and it was
unanimously carried to approve the Congregation Beth El Amended Final Plan for
Phase II, Plans dated
1) Compliance with PCs letter dated
2) Compliance with CKS letter dated
3) To the extent applicable, continued compliance with Conditions
imposed at the original Preliminary Plan Approval;
4) Deferral of construction of acceleration lane shall, in fact, be
installed at this time;
5) Compliance with the Jim Yates letter of
6) Receipt of all permits and approvals from any agencies having
7) Funding and execution of Development and Financial Security
8) Continuing obligation to monitor stormwater with the Township
9) If appropriate, Applicant has agreed to install low shrubs along
the perimeter of the expanded parking area to make sure
headlights do not interfere with the adjoining neighbor.
Mr. Murphy agreed to the Conditions.
APPROVAL OF FLOWERS-MADANY TRACT FINAL PHASE I FINAL PLAN
Mr. Murphy, attorney, was present with Mr. Bill Briegel.
Mr. Garton reviewed possible Conditions of approval. Mr. Garton stated there has been some question as to whether the Township wanted to accept Fee-In-Lieu of sidewalks on Route 532 or whether they wanted the sidewalks installed.
Mr. Murphy stated when the Board previously saw the Plan it
was owned by the Elliot Building Group and since that time
Mr. Ron DeMao,
With regard to the expansion of the conservation easement, Mr. Briegel stated the Ordinance permits disturbance for grading up to 5’ from the property line and the grading plan currently contemplates grading within 15’ of this area. Some trees will be removed.
Mr. Santarsiero stated he is concerned with materials that may have been left on the property. Mr. Briegel stated they did have a Phase I Environmental prepared and came up with nothing, and they will clean up the site as quickly as possible.
Mrs. Godshalk moved and Mr. Santarsiero seconded to Approve
Final Plan for Phase I of Flowers/Madany Tract Plans dated
1) Continued compliance with Conditions of Preliminary Plan Approval
which occurred on
2) Compliance with the Zoning Hearing Board
3) Compliance with the PCS letter dated 7/1/8/05;
4) Compliance with the CKS letter dated
5) Receipt of permits and approvals by any agency having jurisdiction;
6) Funding and execution of Development and Financial Security
7) Installation of sidewalks along Route 532;
8) Subject to installation of sewer easement, conservation easement for
trees within a 15’ area except as revised by the Plan.
Mr. Murphy agreed to the Conditions of Approval.
Ms. Torbert asked how close the houses are to
Motion carried unanimously.
APPROVE GRANT OF EXTENSIONS
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to grant the following Extensions:
Plan No. 496-N (Harris Farm) to
Plan No. 549 (Harris Farm) to
Madany Tract Phase I and Phase II to
TABLING ACCEPTING DEDICATION OF PEAKE FARM
Mr. Garton stated the dead trees have been removed from the open space and there is a clear letter that all other issues have been resolved.
Mr. Santarsiero moved and Mr. Fegley seconded to accept dedication of the Peake Farm.
Mrs. Godshalk asked about the upgrading of the trees that were installed which were too small. Mr. Majewski stated they replaced a number of trees with trees of the proper caliper and have also planted some additional trees for the ones that were slightly under the requirement. He stated there are a few that are slightly under the 2 ½” caliper size but rather than take out a healthy tree with something that was ¼” larger in diameter, they had them place other trees in the development. Mrs. Godshalk asked if the Township engineer has checked out the wooded open space area since the Township will now be responsible for this. Mr. Majewski stated they did remove some dead trees.
Mrs. Godshalk noted an area along
Mr. Garton stated the Township engineer could go back out; and if there is a problem, they would not record the Deed. It was agreed to table the matter to the next meeting.
Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to table Dedication of Peake Farm.
ZONING HEARING BOARD MATTERS
With respect to the Steven and Barbara Santucci,
With respect to the Edward and Sharon Gribbon,
Mr. Fegley moved, Mr. Santarsiero seconded and it was unanimously carried that with respect to the Richard Geers, 17 Maplevale Drive, Variance requests to construct an addition, driveway, and garage resulting in greater than the permitted impervious surface and garage height in excess of 15’, the Solicitor is authorized to attend the meeting, obtain additional information, and report back to the Board of Supervisors.
It was noted that some of the Liaison listings shown on the Agenda are incorrect
and appear to be the list from last year.
Mr. Santarsiero stated Mr. Bray has advised that the EAC
would like to extend an invitation to the Board of Supervisors to a lecture on
He also asked that the Board of Supervisors urge the members of the Planning Commission and the Zoning Hearing Board to attend this next seminar as well as this is useful information for those making decision related to development.
AUTHORIZE TOWNSHIP SOLICITOR TO PROCESS RENEWAL OF LIQUOR
LICENSE AT MAKEFIELD
Mr. Garton stated it is necessary to renew the Liquor License for the Golf Course.
He also noted that when the Township designed the Golf Course, they had a storage room in the basement for the beer, etc.; and they would like to have that area licensed as well so they can store in that location and secure it.
Mr. Santarsiero moved, Mr. Fegley seconded and it was unanimously carried to authorize the Township Solicitor to process renewal of the Liquor License at Makefield Highlands Golf Course and to expand the Licensed area (storage areas.)
APPROVE RESOLUTION NO. 2094 AUTHORIZING BERKHEIMER & ASSOCIATES TO IMPOSE AND RETAIN THE COST OF COLLECTION OF DELINQUENT TAXES
Mr. Garton stated this will authorize the collector to assess certain costs in their collection of funds.
Mr. Santarsiero moved, Mr. Fegley seconded and it was unanimously carried to approve Resolution No. 2094 authorizing Berkheimer & Associates to impose and retain the cost of collection of delinquent taxes.
APPROVE RESOLUTION NO. 2095 AMENDING THE NON-POLICE RETIREMENT PLAN
Mr. Garton stated consistent with the collective bargaining agreement with the Maintenance Department employees, he has prepared a Resolution that amends the
Non-Uniform Police Pension relating to increasing the calculation from 1.75% to 2%.
Mr. Fazzalore moved, Mr. Santarsiero seconded and it was unanimously carried to approve Resolution No. 2095 Amending the Non-Police Retirement Plan.
APPROVAL OF ORDINANCE NO. 353 AMENDING PROVISIONS OF THE POLICE PENSION PLAN
Mr. Garton stated this has been advertised for consideration this evening and will amend the Police Pension Plan consistent with the arbitration award. He reviewed the amendments made.
There was no public comment.
Mrs. Godshalk moved, Mr. Santarsiero seconded and it was unanimously carried to approve Ordinance No. 353 Amending Provisions of the Police Pension Plan.
Mr. Garton announced that the Board of Supervisors was in Executive Session from
interviewing three candidates for vacancies on various Boards and Commissions as well as to discuss several legal and real estate matters pending before the Board.
APPROVAL TO CANCEL THE
Mr. Santarsiero stated he would prefer not to meet that night but would not have a problem with re-scheduling the meeting. Mr. Stainthorpe noted it is very difficult to
re-schedule the meetings.
Mr. Santarsiero moved, Mr. Fegley seconded and it was
unanimously carried to cancel the meeting of
Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to appoint Jodi Litus to the International Building Code Appeals Board.
There being no further business, Mr. Santarsiero moved, Mr. Fazzalore seconded and it was unanimously carried to adjourn the meeting at
Grace Godshalk, Secretary