BOARD OF SUPERVISORS
The regular meeting of the Board of Supervisors of the
Board of Supervisors: Steve Santarsiero, Chairman
Ron Smith, Vice Chairman
Greg Caiola, Secretary
Pete Stainthorpe, Supervisor
Others: Terry Fedorchak, Township Manager
David Truelove, Township Solicitor
James Majewski, Township Engineer
Kenneth Coluzzi, Chief of Police
Absent: Grace Godshalk, Supervisor
Mr. Bob Slamen,
have to do this, but when they discussed this with the representative from Community Energy, that individual indicated that the Township’s purchase did not fall under that obligation by PECO and would be in addition to what PECO has to do; so he feels this is a meaningful purchase on the Township’s part. Mr. Slamen stated he does believe in alternative energy, but does not feel they should support PECO with $4400 and get nothing in return. He stated he feels if this were put out to a Referendum of Township voters, he does not feel it would pass.
Reverend Roy Kramer,
He feels they should address this issue on a local
basis. He stated his letter does discuss
the issue of secondhand smoke and the health damage of secondhand smoke. Mr. Smith stated he agrees that secondhand
smoke is a health hazard. He noted while
Reverend Kramer’s letter indicated that most restaurants in Lower Makefield are
not smoke free, Mr. Smith stated he was unaware of any restaurants in
Mr. Paul Krupp,
Mr. Potter that the documents challenging the validity of
the FAA’s decision have been filed in the Third Circuit Court in
June 7, 2006 Board of Supervisors – page 3 of 14
Ms. Sue Herman stated there was a meeting of the Regional
Traffic Task Force last week and she was outraged to learn that the By-Pass
traffic light response project is very much behind schedule. She stated they had been promised that by the
end of June the design phase would have been completed, and they had expected
to learn how long it would take for the lights to actually be made traffic
responsive. She stated they were advised
that the Kick-Off meeting yet to be held would begin the design phase and it
would be nine months before the lights were traffic responsive. She stated Mr. Steil was also unaware that
the Newtown By-Pass light project had not moved forward. Ms. Herman asked if there is anything that
Ms. Herman has started doing her own “Minutes” with her camera was helpful.
Ms. Herman sated she has been taking “Minutes” with her camera for two years.
Mr. Fedorchak stated late last week an engineer from Gannet-Fleming who was assigned the project by PennDOT left a message with possible dates for a Kick-Off meeting –
June 12 or June 15 and hopefully by tomorrow they will determine the exact date.
Mr. Fedorchak agreed to advise Ms. Herman of this date. He stated he understands that PennDOT only recently reached agreement with Gannet-Fleming as they had to work out scope of work issues. Ms. Herman stated her concern is that the project is taking so long and there are accidents occurring on other roads because vehicles are not using the
By-Pass. Mr. Fedorchak stated they had indicated that they would be doing the traffic counts prior to the end of the School year so they will have to do this quickly. He stated he hopes that they will have the Kick-Off meeting next week. Ms. Herman stated she did
June 7, 2006 Board of Supervisors – page 4 of 14
ask if the public could attend the Kick-Off meeting, and Mr. Fedorchak stated she can attend. Mr. Santarsiero stated he does not feel it should take nine months to make the lights traffic responsive.
Ms. Virginia Torbert,
APPROVAL OF MINUTES
Mr. Caiola moved, Mr. Smith seconded and it was unanimously carried to approve the Minutes of the May 17, 2006 Public Meeting as written.
Mr. Caiola moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the Minutes of the April 17, 2006 and May 8, 2006 Special Meetings to Conduct Interviews as written.
DISCUSSION AND MOTION ON
Mr. Smith stated in January during the Reorganization
Meeting, Mr. Santarsiero referred to a number of items the Board wished to
complete in 2006 including a series of Township Celebrations. He stated Mr. Stainthorpe had suggested they
start slowly as it is difficult to put such events together, and they have
found that this is the case. Mr. Smith
stated they would like to have an event before the end of the year, and he has
volunteered to take the lead in putting together a Lower Makefield Community
Day which he would like to have on Labor Day.
He stated at the suggestion of a Township resident, he did contact
Yardley Borough about this; and while they are interested, they indicated they
do have to concentrate their efforts on Harvest Day. He stated he is considering the possibility of
holding the event at several venues including
He stated he would like this to be a free event for those attending but would ask that those attending bring a salad, dessert, ethnic dishes, etc. He is also considering raising some funds for charity including the possibility of a dunk tank. Mr. Smith stated he
June 7, 2006 Board of Supervisors – page 5 of 14
understands a few of the Police Officers are well-versed in bike racing and could possibly help with this. He stated they could also map out a route which would not be too obtrusive to traffic in the Township for a limited period of time. Mr. Smith stated he feels this will be the impetus to have additional celebrations in the future. Mr. Smith invited anyone interested to assist him with the event.
Mr. Santarsiero stated he did indicate in January that they would like to try to create community days as an opportunity to bring the people of the Township together and foster a greater sense of community. Mr. Santarsiero stated he feels they should start out modestly; and if it is a success, they can build on it in future years. He stated they did previously discuss creating a Special Events Committee, and they have received letters of interest from people in the Township; and he hopes to interview these individuals prior to the next Board of Supervisors meeting, and they will then be able to help out with this project. Mr. Santarsiero thanked Mr. Smith for agreeing to take on this task.
Mr. Stainthorpe moved, Mr. Caiola seconded and it was unanimously carried to designate Labor Day as Lower Makefield Community Day and authorize Mr. Smith to act as coordinator for the event.
Mr. Fedorchak stated approximately three weeks ago the Bucks County Water and Sewer Authority announced that they were imposing a ban on all future sanitary sewer connections within their system and those systems tributary to their Authority lines.
Mr. Fedorchak stated in
June 7, 2006 Board of Supervisors – page 6 of 14
Mr. Fedorchak stated there are a few projects that will be
impacted by this ban including Matrix, a few other smaller subdivisions, and it
would also impact a landowner attempting to build a home on a lot in the
impacted area. He stated this morning he met with Mr.
Hoffmeister, a representative from Remington-Vernick, and members of the Bucks
County Water and Sewer Authority to get an idea as to how they view the issue,
how they defined the problem, and what direction they recommended they
take. He stated they are most concerned
with the area identified in pink and red on the overlay shown this evening
which would be the north and west end of the Township. He stated they identified three discharge
points which discharge directly into the Bucks County Water & Sewer
Authority system as the areas where their documentation suggests there have
been certain times where Lower Makefield flows have exceeded the parameters for
peak flows which would be during times of major stormwater events. Mr. Fedorchak stated Mr. Hoffmeister has been
working on this issue for some time and metering various locations within
Mr. Fedorchak stated the section of line that goes through the Matrix property is an older section of line and feeds directly into one of the discharge points that the Bucks County Authority has identified as being in excess of the peak flow number so the Township is concentrating their effort in this area in the hope that they can find a significant amount of infiltration in this section although there is no guarantee that they will. Mr. Fedorchak stated Mr. Hoffmeister is working closely with the Township sewer engineer.
Mr. Fedorchak noted an area on the overlay shown in pink in the northern end of the Township where they have been able to determine that while there is a slight bump up during a wet weather event, it was within the accepted parameters; and he has formally requested the Authority representatives to go back to the Board and ask that this area be excluded from the ban. He feels there is a basis for doing this. He stated there is no doubt that the rest of the area has infiltration issues as it relates to peak flows.
Mr. Santarsiero stated this is something that could ultimately cost the Township a lot of money in terms of investigation and doing what may need to be done to resolve the problems. Mr. Fedorchak agreed and stated if they need to TV it could cost hundreds of thousands of dollars and this does not include the costs to fix the problems. He stated if they are going to have to reline or repair thousands of feet of sewer, it could cost millions of dollars.
June 7, 2006 Board of Supervisors – page 7 of 14
Mr. Hoffmeister stated two weeks ago he did ask the
Authority to exclude that area from the ban to which Mr. Fedorchak referred. He stated with regard to the other areas, he
agrees that there are some problems. He stated
if in fact they find excess flows, he does have some ideas as to how to remedy
this, but he will defer this to a later date.
He stated they are going to place some meters in the Matrix line to find
out if there are problems in this area, and he should be able to report back on
this in two months. He added that Bucks
County Water & Sewer has not taken an adversarial position with
Mr. Stainthorpe stated he does serve on the Bucks County
Water & Sewer Authority but he did abstain from voting on this matter as it
impacted Lower Makefield, and he feels he will also have to abstain from voting
Mr. Santarsiero stated the financial aspects of this are something the Township is going to have to deal with. He stated while this does involve the Matrix property, he does not feel it is an immediate problem as they still need to go through the review process; and construction would most likely not start until next year. Mr. Stainthorpe stated they may find after doing the metering, that they do not have a problem.
Mr. Zachary Rubin,
Mr. Truelove agreed.
Ms. Virginia Torbert noted Region 1 on the overlay and asked
if these were not mostly new developments.
Mr. Hoffmeister agreed. He stated
the Authority has indicated that the
area where they are exceeding the flows is the Yerkes line and they are trying
to isolate some of the areas so that they have a more accurate idea as to what
is going on. He stated they are going to
try to prove it is not in
Mr. Smith stated approximately one month ago when they were discussing the Canal Interceptor project, Mr. Hoffmeister indicated he felt they should consider the possibility of selling the sewer system. He asked if this additional situation impacts his feeling, and
Mr. Hoffmeister stated he continues to feel that the
Township should explore the sale of the system.
He stated no matter who they sell it to, they will have a new line along
the Canal and they will also have a better handle on what is flowing to
asked Mr. Stainthorpe if he was still in support of exploring the sale of the sewer system,
and Mr. Stainthorpe stated he is.
June 7, 2006 Board of Supervisors – page 8 of 14
Mr. Hoffmeister stated he feels what they are looking at is
a short-term fix. He stated
Mr. Zarko and himself that they recognized that there were
not real problems in
POSTPONEMENT OF APPOINTMENT OF CONFLICT ENGINEER TO OVERSEE MATRIX PROJECT
Mr. Santarsiero stated that since Schoor DePalma has done work with the Matrix developers in the past, they will need to appoint a Conflict Engineer to represent the Township in this matter. He noted they did appoint Remington-Vernick as the Conflict Engineer and they are currently in the process of making sure that Remington-Vernick does not have a conflict serving in this capacity. He asked that this matter be postponed until this issue is resolved.
Mr. Stainthorpe moved, Mr. Smith seconded and it was unanimously carried to postpone appointment of Conflict Engineer to oversee the Matrix Project until June 21, 2006.
DISCUSSION OF STATUS OF LOW IMPACT DEVELOPMENT ORDINANCE AND MOTION TO PROCEED WITH DRAFTING OF ORDINANCE AND RATIFYING THE WORK DONE TO DATE BY THE TASK FORCE
Mr. Jim Bray was present and stated on March 16 they started the process of developing a Low Impact Development Ordinance. He stated they established a Task Force which includes Mr. Majewski, Mr. Watson, the environmental engineer, Mr. Closser,
Mr. Jeff Goll, and himself. He stated they have had five subsequent meetings since
March 16 and their goal was to have a Low Impact Ordinance in draft form by May 25.
He stated the draft is in the process of being e-mailed to
the various parties who will start the review process which will commence
Monday, June 12 at 7:30 p.m. when there will be a joint meeting of the
Environmental Advisory Council and the Planning Commission. He feels what they will come up with will be
very comprehensive. He feels
June 7, 2006 Board of Supervisors – page 9 of 14
Mr. Majewski will do a power-point presentation to summarize the major points of the Ordinance, and they will then open it up for discussion. Mr. Bray stated he feels this will take more than one meeting to get completed.
Mr. Santarsiero asked if they anticipate a recommendation to the Board of Supervisors by July or August, and Mr. Bray stated he is hopeful that it will be done by July.
Mr. Stainthorpe stated while he feels this is an excellent idea to explore, he has concerns as to how this project has proceeded and under what authority. He stated there have been engineering and attorney fees incurred, a number of meetings held, and taxpayer money has been spent and certain procedures should have been followed. He stated the Board of Supervisors was not consulted about or approved the expenditure of this money. He stated he and Mr. Santarsiero have exchanged e-mails regarding this matter for the last week. He stated he feels they have acted improperly and possibly illegally. He stated he is disappointed with the Solicitor in that he did not point out that there can be no actions taken unless approved by the full Board. He stated even if the Chairman feels this is a good idea, the Chairman has no more authority than the other Supervisors except for the Chairman’s ability to swear in certain officials and call special meetings. He noted portions of the Second Class Township Code to this effect. He feels they may also be in violation of the Sunshine Law. Mr. Stainthorpe stated he feels they need to get in compliance by taking a vote to authorize going forward. He stated while there are many good ideas, the Board must discuss and approve of them before they move forward.
Mr. Stainthorpe stated he feels this was the result of the inexperience of the Chairman and the Solicitor, and they now need to proceed legally.
Mr. Santarsiero stated while the Board did not take a vote on this matter, they have had discussions about this several times over the last several months. He stated at the reorganization meeting he had indicated that they wanted to move forward with a Low Impact Development Ordinance and wanted to have a draft Ordinance by late May or June. He stated they have also discussed this a number of times both in the context of interviewing candidates for vacancies on the Environmental Advisory Council and at other public meetings. He stated during the interviews he mentioned to every candidate that this was a task the Township was undertaking. He stated while the Board may not have taken a vote, it was discussed and there was opportunity for anyone to say whether they had any objection. Mr. Santarsiero stated Mr. Majewski has brought his enthusiasm for the project since last year when this was first discussed and Mr. Goll, as a hydro-geologist, brings to the Township significant expertise that comes free of charge to the Township.
Mr. Santarsiero stated he is not opposed to voting on this matter, but noted that in the two and a half years he has been on the Board of Supervisors, there have been a number of projects undertaken by the Township professionals that were done in a much less formal
June 7, 2006 Board of Supervisors – page 10 of 14
manner and not with a vote by the Board of Supervisors and there was never a concern mentioned about illegality at that time.
Mr. Caiola moved and
Mr. Smith seconded to draft a Low-Impact Development Ordinance for
Mr. Stainthorpe stated in the future anything they are going to do needs to come before the entire Board. He asked that Mr. Truelove check into this as well as he does not understand why this was not brought to the Board previously adding that he would have voted for this. He stated he does not feel they can spend the taxpayers’ money without a vote by the full Board. Mr. Santarsiero stated he feels they did bring this before the Board although there was not a vote. He stated he feels it was clear that they were going to move this project forward.
Mr. Truelove stated he is currently involved with Mr.
Fedorchak and other professionals in working on the
June 7, 2006 Board of Supervisors – page 11 of 14
ZONING HEARING BOARD MATTERS
Mr. Truelove stated with regard to the John Nadig, 890 Mirror Lake Road, Variance request to permit construction of a carriage shed with greater than permitted height, it has been recommended that this matter be left to the Zoning Hearing Board.
With regard to the Terence and Shannon Poulton,
With regard to the Daniel Nigra Variance requests to permit construction of a single-family dwelling on Linden Avenue resulting in greater than permitted impervious surface, less than required net lot area, less than the required minimum width and construction of a dwelling on a non-public road, it was agreed that the Solicitor participate to insure consideration of the Township engineer’s recommendations.
With regard to the Christopher and Cynthia Montgomery,
With regard to the Florian and Minchi VonTrentini, 363 Robin Hood Drive, Variance request to remove an existing sunroof and construct a new sunroom on the existing foundation resulting in greater than permitted impervious surface, it was agreed to leave this matter to the Zoning Hearing Board.
Mr. Santarsiero stated Alan Dresser, a member of the
Environmental Advisory Council, was assigned the task of investigating the
recycling efforts in the Township. He
did look into what was going on with some of the commercial establishments in
June 7, 2006 Board of Supervisors – page 12 of 14
with Mr. Fedorchak and others in the Township administration to look into this further. Mr. Santarsiero stated if there is non-compliance, they want to insure that they are brought into compliance quickly. Mr. Caiola asked if this task was ever undertaken previously and asked what is the standard operating procedure with regard to insuring that there is compliance. Mr. Fedorchak stated a similar research project was done approximately six to seven years ago. Mr. Santarsiero stated they need to implement a policy so that they stay on top of this on a more regular basis. Mr. Smith stated he is concerned that there is possibly a hauler operating in the Township without a license and also that Mr. Dresser was unable to contact anyone at Onyx. Mr. Fedorchak stated
Mr. Truelove is looking into the ability of the Township to
continue to require licenses. Mr.
Truelove stated there is a recent
Mr. Santarsiero stated the Newsletter is going to the
printer and should be mailed to residents during the week of June 19. Mr. Santarsiero stated he will be sending out
a letter to the members of the Citizens Traffic Commission shortly and put
together the first meeting in July. He
noted the Southeastern Bucks League of Municipalities did meet in
He stated they also discussed the growing problem of gang
Mr. Caiola stated while the Cable TV Advisory Board will not meet until September, there is a lot of activity throughout the State with regard to franchises and whether the Municipalities will be able to retain their leverage as new technologies are introduced. Mr. Caiola stated with regard to the Regional Traffic Task Force, between the last meeting and the most recent meeting, there was some research done on trying to determine whether or not the quarries would be better served by using Rail instead of trucks; and most of the parties involved seem to believe logistically this would be difficult although they will discuss this further at the next meeting.
Mr. Stainthorpe stated the Golf Course VIP outing was held today and for the second year in a row there was torrential rain. He stated they did have approximately 150 golfers who were able to play nine holes. He stated they did have a good turn out and will continue to host this event.
June 7, 2006 Board of Supervisors – page 13 of 14
Mr. Fedorchak stated on Tuesday they began the bubble feasibility study. He stated the Asati representative came to the Pool, interviewed the staff, took measurements of the entire area, and discussed a number of different scenarios. He stated at this point he is looking at the 25 meter pool and the Olympic pool doing either one or both pools. He stated there is a considerable amount of work and research he will have to perform, and it will take some time. Mr. Fedorchak stated in addition to what the Asati representative will be doing, it has become evident through comments that were made, that the Township will have to look at costing out winterizing the main office area because that building houses a number of the pipes and the surge tanks, as well as winterizing the bathroom/changing area located on the northwest end of the Pool. He stated they may also have to remove some of the lights in order to accommodate the bubble.
Mr. Fedorchak stated if they are going to try to bubble the Olympic pool, the bottom third of the flume slide will have to be disconnected in order to accommodate anchoring the bubble. He stated it is also evident that a certain amount of concrete decking would have to be cut into in order to provide for the anchoring of the edge of the fabric. This could be a foot and a half wide to 48” deep. Mr. Fedorchak stated in order to keep the project moving, he instructed the Asati representative to cost out what he is comfortable with; but in order to complete the analysis and get an accurate total cost, Mr. Fedorchak asked, with the Board’s permission, that Mr. Majewski provide the Township with costs for the other items that have arisen in the course of the Asati representative’s investigation.
Mr. Fedorchak stated there was no cost-effective way to put the bubble over the entire slide and the slide will be outside of the bubble. Mr. Fedorchak stated while it would be possible to include the slide inside the bubble, they would have to bring in cranes to lift the bubble over the slides, and it would have involved major cost. Mr. Fedorchak stated while the bubble project is doable, they will have to consider the costs.
Mr. Fedorchak stated he opened bids for the TV project on Monday. They received four bids. He has sent them to the consultant to review. The apparent low bidder was slightly less than $80,000; and the apparent high bidder was approximately $103,000. He stated he is cautiously optimistic that they will be able to bring the project in on Budget.
Mr. Fedorchak stated he had the opportunity to meet with Rich Harvey from the Bucks County Agricultural Preservation Program to follow up on the discussion on Patterson Farm and the Board’s concern as to how to protect the farm forever. One of the ideas that was brought forth by Mr. Marshall was to look at this program. Mr. Fedorchak stated he has begun this process and it would appear that as far as Mr. Harvey is concerned, the Township would be eligible. Mr. Fedorchak stated he will pursue this in more detail in the weeks to come.
June 7, 2006 Board of Supervisors – page 14 of 14
Mr. Smith thanked Mr. Fedorchak and Mr. Coyne for putting together an excellent Road Tour last weekend.
There being no further business, Mr. Smith moved, Mr. Stainthorpe seconded and it was unanimously carried to adjourn the meeting at 9:25 p.m.
Greg Caiola, Secretary