BOARD OF SUPERVISORS
MINUTES – MAY 3, 2006
The regular meeting of the Board of Supervisors of the
Board of Supervisors: Steve Santarsiero, Chairman
Ron Smith, Vice Chairman
Greg Caiola, Secretary
Grace Godshalk, Supervisor
Pete Stainthorpe, Supervisor
Others: Terry Fedorchak, Township Manager
David Truelove, Township Solicitor
Vincent Magyar, Township Solicitor
James Majewski, Township Engineer
Kenneth Coluzzi, Chief of Police
Mr. Jim Bray thanked the Board of Supervisors and the Township
management for the time and effort involved in interviewing all of the candidates
for the open positions on various Boards and Commissions. He stated the Environmental Advisory Council
has five new members who are highly qualified and motivated. He also noted the meeting to be held at the
Mr. Frank Fazzalore stated he is present representing the Seniors. He asked that the Board of Supervisors consider how they can help the Seniors find a place to meet. He stated the Police Department needed the main meeting room yesterday, and the Seniors had to carry tables and chairs downstairs in order to meet. He stated while a lot of new Boards have been created, he would like the Supervisors to also create a Board representing the Seniors, get it out of the Park & Recreation Department, and have a Supervisor act as a liaison to the Seniors Board so that individual can relate back to the Board of Supervisors the problems the Seniors are having. Mr. Santarsiero stated they will consider this and will put this item on an Agenda for a future meeting. Mr. Smith
May 3, 2006 Board of Supervisors – page 2 of 22
stated he attended the Seniors Annual meeting yesterday, and
one of the topics was the ongoing discussion on a
He stated the Seniors did ask if they could have a desk or
something at the Township where they could house their materials and have a
person present during the day to field phone calls or concerns of Seniors who
come into the
Mr. Fedorchak agreed to look into this.
APPROVAL OF MINUTES
Mr. Caiola moved, Mr. Smith seconded and it was unanimously carried to approve the Minutes of April 19, 2006 as amended.
CONSIDERATION OF MATRIX AGREEMENT
Mr. Jeffrey Garton, attorney, was present on behalf of the Township. Mr. Garton stated at the 4/19/06 meeting, the Board of Supervisors approved the Agreement subject to a resolution of the provisions of paragraph 21 which had to do with the impact of the Agreement on Bellemead in the event that Matrix did not proceed to close because of a termination of the Agreement. Since that time the parties have been in discussion and the parties have come to an agreement on paragraph 21 and it now also includes a provision known as paragraph 22 which recognizes Bellemead’s right that it is not obligated once the Agreement of Sale terminates, but it does include representations from Bellemead that Matrix is, in fact, the purchaser of the property, is not in default, and they agree to cooperate with Matrix as to the completion of the project, and not to impede their efforts. In addition, there are representations made by Matrix that it is, in fact, the buyer, and when the Township fulfills its obligations and no Appeals are filed, that they will proceed to go to closing. The parties are satisfied with the last part of the Agreement, and he would request that the Board of Supervisors properly execute the Agreement in due course.
Mr. Santarsiero stated this compromise was just recently achieved; and part of the reason they started late this evening, was they were discussing when they would actually sign the Agreement as they wanted to have all the parties present for that purpose, and the representatives of RAM were unable to be present this evening. He stated they will schedule a time within the next few days to have a special signing ceremony and have the Agreement signed. Mr. Santarsiero acknowledged the presence this evening of representatives of Matrix including Mr. Brookman, their attorney, as well as
Mr. Joe Taylor, CEO of Matrix; and he asked Mr. Brookman if he had any comment.
May 3, 2006 Board of Supervisors – page 3 of 22
Mr. Brookman thanked the current and past members of the Board of Supervisors who worked so diligently to try to reach a settlement to give everyone something that they were looking for but at the same time did not give anyone everything they were looking for. He also thanked Mr. Garton and Mr. Sugarman for bringing this together. He stated he understands that in the next few days there will be a signing ceremony at which time RAM, Dana Weyrick, and the Board of Supervisors will sign. He stated they already have the signatures of Matrix and Bellemead. Mr. Brookman stated they will be back shortly with Plans and go through the review process.
Mr. Zachary Rubin,
Mr. Santarsiero thanked the current Board of Supervisors and Mr. Fazzalore who was on the negotiation team for the Township for the last few years. He also thanked Mr. Fegley and hopes that he will be able to attend the signing ceremony along with Mr. Fazzalore. He also thanked the members of RAM, as a Supervisor and the former Chairman of RAM, who put in long hours over the years and did not lose faith. He also thanked Matrix, especially Mr. Taylor who was willing to work with the Township and find a compromise they could all live with that will, in their view, better serve the community.
Mr. Santarsiero stated they will advise everyone of the date of the signing ceremony.
APPROVE CHANGE ORDER TO ADD LIGHTING TO THE
Mrs. Godshalk introduced those present this evening - Ms. Liuba Lashchyk, the architect, Ms. Tara Bane, and Ms. Clara Chirchirillo, Committee members.
Ms. Lashchyk asked the Board to approve the change order to the Building Restoration Contract which is for lighting and electric work in the amount of $122,000.
Ms. Lashchyk stated originally they had a bid and alternate bid #5 was for the lighting. Mr. David Biddle, the contractor from Building Restoration, had bid $150,000 for the lighting. She stated the Committee felt this was too high and they also wanted to revise some of the electric fixtures so that they were not as tall and instead they wanted to illuminate the ground. There were also concerns about security lighting. Ms. Lashchyk
May 3, 2006 Board of Supervisors – page 4 of 22
stated a local resident offered to give a considerable discount on the fixtures to the builder, and the builder bid on that discount and passed this along to the Township so they are saving almost $30,000 over the original Contract. In addition they are also adding some low voltage fixtures to a different pathway so they are getting more lights for less money.
Ms. Bane stated there will be forty-two lights that will go
around the Memorial and this is the number of children in
Mr. Santarsiero asked the original amount budgeted for lighting, and Mrs. Godshalk stated there was no Budget. She stated bid specs were written up and they accepted the low bid. The contractor agreed to hold the bid until they raised the money.
Mr. Smith asked the name of the contractor and the individual providing the discount for the lighting. Ms. Lashchyk stated Mr. David Biddle is the Contractor and Astro Lighting is providing a discount on the lighting. Building Restoration is the General Contractor and David Biddle is the owner.
Ms. Sue Herman asked if there is any change in the illumination they expect, and
Ms. Bane stated it should be less than originally planned.
Mrs. Godshalk stated even though the money has been raised by the Committee, it is still under the jurisdiction of the Township who handles the banking, purchase orders, and contracts; and they have been very gracious in handling this aspect of the Memorial.
Mrs. Godshalk moved and Mr. Caiola seconded to approve the $122,000 change order as set forth in the 4/28/06 letter from Ms. Liuba Lashchyk to Terry Fedorchak.
Ms. Lashchyk stated the Dedication date is September 9, and they are hopeful that the Memorial will be completed by that time.
Mrs. Godshalk stated seventeen trees were planted within the
last few days and these represent the
Motion carried unanimously.
TTN-MERCER COUNTY AIRPORT PRESENTATION BY BUCKS RESIDENTS FOR RESPONSIBLE AIRPORT MANAGEMENT AND AUTHORIZATION OF
$10,000 TO PURSUE AN APPEAL
Mr. Paul Krupp, President of Bucks Residents for Responsible Airport Management (BRRAM), was present with William Lynch, BRRAM Treasurer, and Bill Potter,
May 3, 2006 Board of Supervisors – page 5 of 22
attorney. Mr. Krupp
stated he is present to discuss the plan for the recent activities that have
taken place in
Mr. Potter stated he has been doing environmental law for
thirty years, is a Professor of Law at
Mr. Potter stated BRRAM and
May 3, 2006 Board of Supervisors – page 6 of 22
Mr. Potter stated the Township’s options at this time are to
accept what the Federal Government is proposing and do nothing, and hope there
will be no substantial expansion in jet aircraft flying over
Mr. Potter stated in November, 1999, Mr. Krupp, Mr. Lynch, and
other BRRAM and Township representatives testified at the Scoping Session and
suggested that they go directly to the EIS rather than waste time going to
Court, etc, and the County Executive in Mercer County stated they could not wait
to do this as it would take eight months which was too long. He stated now eight years later, they have
received a FONSI based upon this bait and switch. He estimated that the cost of Filing the
Mr. Santarsiero stated Options 2 and 3 could be done at the same time, and Mr. Potter agreed. Mr. Santarsiero stated he read through the FONSI and did not feel the assumptions were based on any facts. He stated he was particularly amazed about the analysis of noise and the indication that stage three aircraft are allegedly quieter than what they had previously. Mr. Santarsiero stated he does not feel they are taking into consideration the increased number of flights that would likely result from the expansion.
Mr. Potter stated this is correct. He noted Mr. Lynch signed up to testify at
the Hearings in June, 2002, before anyone was present and at the end of the
Hearing, he still had not been allowed to testify and was eventually told that
he would not be permitted to testify. He
stated he feels there were procedural irregularities. Mr. Potter stated the FONSI does not list any
mitigation measures because they indicate that there will be no impact. He stated in the Environmental Assessment,
even if there is no new major jet carrier attracted to the Airport, they
project a 30% increase in take offs and landings. He stated if a major carrier comes in, which
is what the County wants, there will be a 600% increase in air traffic. He stated in the Saturday New York Times it
was revealed that the Port Authority of New York and New Jersey has been
studying for several years the need for a fourth jet port in the area and what
is now considered to be a reliever airport – that is Trenton-Mercer Airport is
under consideration for that fourth major jet airport. He noted a similar situation in
May 3, 2006 Board of Supervisors – page 7 of 22
Mr. Santarsiero stated they do acknowledge in the FONSI that if they went to the other alternative which was a 64,000 square foot increase, this would have required an EIS.
Mr. Potter stated they have not expressly conditioned that upon doing a full EIS. He stated they have indicated that the document that has been issued is an appropriate environmental review. Mr. Santarsiero stated he is in favor of fighting this, but feels they should have a better idea of what the next steps would be after filing the Appeal.
Mr. Potter stated while he can do this, it will only be an estimate and what they would have to do would be in response to what the other side does. Mr. Santarsiero stated he recognizes this, but still feels it would be helpful to have an estimate.
Mr. Stainthorpe stated in 2002 the Board did put up some
money to fight this, and those funds went quickly; and he is not sure what they
accomplished. Mr. Potter stated he does not
recall the amount but what they accomplished was the creation of a record for
an Appeal. They did not dissuade
Mr. Stainthorpe stated he recalls when Eastwind Airlines was
flying out of Mercer, it was noisy and
was a quality of life issue. He stated
while it is quieter now, he does agree that it is incrementalism and they are
not sure who the carriers will be ten years from now or where the traffic will
be routed. He does feel it is important
to take action to protect the quality of life, but feels the Board should be
prudent as to how they spend the money. He
Mr. Stainthorpe asked where he stands with Congressman Fitzpatrick and his level of support. Mr. Caiola stated Rush Holt is one of the strongest environmental Congressmen in the Country and he represents that area. He asked if they have reached out to him.
Mr. Potter stated they did reach out to Rush Holt previously
to get his assistance, and he was not overly forthcoming about the situation
although he was responsive and did provide information. Mr. Potter stated he did sense some reluctance
to proceed against the wishes of the
Congressman Fitzpatrick, and he was extremely impressed with Congressman Fitzpatrick’s awareness and knowledge on this issue. He stated Congressman Fitzpatrick also raised the issue of reaching across the River to Congressman Holt, and Mr. Potter hopes that Congressman Fitzpatrick or his aides are doing so currently.
Mrs. Godshalk asked if it is known what Committee this is in. Mr. Potter stated it would be a Sub-Committee of the Transportation Committee dealing with aviation matters.
He stated Mr. Fitzpatrick indicated that the Chairman was a
May 3, 2006 Board of Supervisors – page 8 of 22
Mr. Smith asked who else in
Mr. Krupp stated he feels they can but he is not a constituent of those areas, and he feels it is in the Township’s interest to contact them. Mr. Santarsiero agreed to bring this matter up at the next Southeastern Bucks League of Municipalities. Mr. Santarsiero asked if the County gave any money, and Mr. Krupp stated they did not although they did support their Resolution.
Mr. Smith asked what is needed from the Board at this time, and Mr. Krupp stated the public notice was in the Bucks County Courier Times on 4/7/06, and Mr. Potter has indicated they have sixty days to submit an Appeal so this would be by June 6, 2006.
Mr. Stainthorpe suggested they contact Senator Santorum and Senator Specter.
Mr. Krupp stated he did not want to make this a political
issue since he feels it is a
Mr. Bill Lynch stated approximately six years ago he decided
to move out of
May 3, 2006 Board of Supervisors – page 9 of 22
Mrs. Godshalk stated if they have the expansion, there will
be more than sixty Southwest flights a day as she feels this could become a new
regional airport. She stated
Mr. Santarsiero asked that BRRAM make a presentation at the
next Southeastern Bucks League of Municipalities meeting which is to be held
the end of the month. He stated they should
make the point that Mrs. Godshalk has indicated that there will be an
incremental increase over the years, and it could impact many more Townships
Mr. Krupp stated he goes to a DVRPC Aviation committee
meeting every quarter where he is the “enemy.”
He stated he heard a representative from
Mr. Santarsiero stated this also suggests other flight paths
that they are going to be using as well over other parts of
Mr. Stainthorpe stated he feels they should vote this evening to allot some amount of money to start the process and do the filings, but should put a cap on it; and if they need more, they will have to come back and make the case.
Mr. Potter stated they need to file by June 6. He stated they are still trying to determine
whether it needs to be filed in the Third Circuit Court of Appeals in
Mrs. Godshalk moved and Mr. Smith seconded to authorize $10,000 to pursue an Appeal.
May 3, 2006 Board of Supervisors – page 10 of 22
Mrs. Godshalk asked that BRRAM also go to the other
Mr. Bernie Goldberg,
Mrs. Godshalk stated there are many properties for sale on
Ms. Herman stated BRRAM has worked for years, but there is no substitute for political muscle at every level championing their cause.
Mr. Chris Serpico stated he is a candidate for State Senator and he is present this evening to educate himself on this subject. He stated he would like to discuss this with the members of BRRAM and would be willing to take up this cause as well.
Ms. Judy Gordon stated many people felt this issue was resolved. She stated she lives in the section being discussed between 332 and Dolington and planes fly extremely close to these homes and they must consider this quality of life issue. She is in support of the Board of Supervisors taking this action.
Mr. Walter Upson,
Ms. Holly Bussey,
May 3, 2006 Board of Supervisors – page 11 of 22
circling patterns. She thanked the Board of Supervisors for being their partner in this.
Mr. Santarsiero stated he feels they should get as many people out to the Southeastern Bucks League of Municipalities meeting as possible as it will help if they can show the depth of public support for this and also offer their personal stories regarding this issue.
He stated the meeting will be on Wednesday, May 31 at 7:30
Mr. Bruce McLish,
Mr. Caiola stated he was on the Ewing Council when much of
this was taking place previously, but they did not take a position on this
matter. He stated the Freeholder Board
was always at odds with Mr. Prunetti as to whether or not the Airport should be
expanded. He noted a former Freeholder
Mr. MacManimon noted the individual who coordinated the efforts of PLANE (People Limiting Airport Noise Expansion) is still very active in this issue. He stated this report was completed in 2002 but for years was held up for a number of reasons. He stated years ago the County Freeholder Board did put $500,000 in the Capital Budget for an
Environmental Impact Statement. He stated he lives in
Motion carried unanimously.
AWARD CONTRACT FOR THE CANAL INTERCEPTOR REPAIR/ REHABILITATION PROJECT
Mr. Tom Zarko, CKS Engineers, was present and stated on
3/7/06 the Township received bids for the first phase of the project. He stated
this phase involves the replacement of approximately 8,000 linear feet of
pipeline and the pertinent manholes along sections of the
Mr. Zarko stated his office reviewed the bid packages received by the Township and in evaluating the bid package of the apparent low bidder, Metra Industries, they noted a problem with the bid cost schedule. They determined that the Metra bid proposal was front end loaded or material unbalanced as insufficient funds were provided for final restoration work. He stated final restoration work on this project is of significant concern as the work will be performed along the Canal Interceptor which is a State Park and also within roadway of an adjacent Municipality. He stated several references provided by
May 3, 2006 Board of Supervisors – page 12 of 22
Metra Industries indicated that they had difficulties with this contractor on past projects in restoration issues and based upon these findings, they would feel that the Metra bid is not responsive or responsible and should be rejected by the Township. He stated his office has also reviewed the bid package of the second low bidder – JOAO Bradley Construction Company and found that bid to be in order. He stated the Board could either reject the Metra bid and award the Contract to JOAO Bradley Construction Company at the bid price of $2,364,373.00 which included alternate add on items or the Board could reject all bid proposals and re-bid the project. He stated this matter was discussed with the Lower Makefield Sewer Authority, and they recommended rejecting the Metra bid and awarding the bid to JOAO Bradley.
Mr. Santarsiero stated he feels the Board is inclined to follow the recommendation of the Sewer Authority, but asked that Mr. Zarko explain the problems they would face if they were to re-bid the project. Mr. Zarko stated the problem with re-bidding the project is that the Canal Interceptor is in a significant state of deterioration. He stated over the past year and a half there have been situations where sections of the pipeline have collapsed.
He stated the pipeline is approximately forty years old and has reached the end of its useful life. He stated the Township has developed a program to do a repair/rehabilitation project in two phases, and this is the first phase which addresses the most critical sections of the pipeline; and it is imperative to get the construction started as soon as possible to avoid any additional collapses of the pipeline as the cost associated with repairing those collapses under emergency conditions is three times the cost that they would normally expect under a bid project.
Mr. Stainthorpe moved and Mr. Caiola seconded to reject the bid from Metra.
Mr. Smith asked Mr. Zarko if he is aware whether or not Metra is currently in litigation, and Mr. Zarko stated they understand that they are currently in litigation in a number of different instances on similar type projects where Metra is the party instituting the suit over disputes regarding payment under Contract.
Mr. Charles Schattler stated he is the General Superintendent for Metra Industries and he came tonight expecting an award. He stated if a job is awarded, this does not mean that they do not do the work. He stated the work still has to be done at their cost. He stated the Township would be assured of this by bonds. He stated they have been in business for fifteen to twenty years. He stated they have had one litigation where they were expected to do work over and above the scope of the Contract, and they settled this litigation. He stated no one has sued them for not doing their work. He stated he can provide a list of people they have done work for who were very happy with their work. He stated you can go through any bid and state it is unbalanced as there are monies moved around everywhere by every bidder. He stated he is sure that there has been litigation with JOAO Bradley. He stated he feels Metra is the low responsive bidder.
He stated if they are not awarded this job, they are going to pursue getting this project.
May 3, 2006 Board of Supervisors – page 13 of 22
He stated if they award it to the second bidder, they will
be spending more of the Township’s money.
He stated they have bonds and have capacity for $60 million worth of
work. He stated they employ thirty
Mr. Zarko stated the standard for accepting the bids is to accept the lowest responsible and responsive bidder; and in his opinion, Metra is not the lowest responsive and responsible bidder. He feels JOAO Bradley is the lowest responsible and responsive bidder.
Motion carried unanimously.
Mr. Stainthorpe moved and Mr. Caiola seconded to award the bid to JOAO Bradley for
Mr. Santarsiero asked Mr. Zarko if he investigated JOAO Bradley prior to making the recommendation, and Mr. Zarko stated they did the same type of investigation that they did for Metra and which they do for any other contractor they evaluate. The result of their review was that they were satisfied that their bid is in order and they are capable of doing the work.
Ms. Virginia Torbert asked for a review of why the first bid was not in order, and
Mr. Zarko stated the bid was unbalanced as it was front end loaded, and they have more money in their bid proposal for work that is done earlier in the project and not enough money to cover the work that is required at the end of the project so it is possible that there will be insufficient money to complete the project if the contractor walks away.
Mr. Truelove stated Mr. Zarko indicated he also performed an exhaustive review of references which were supplied by Metra, and it was based upon that information as well that caused him to render his opinion; and Mr. Zarko agreed.
Motion carried unanimously.
DISCUSSION AND APPROVAL OF ORDINANCE RESTRICTING THE HOURS OF TRASH COLLECTION WITHIN THE TOWNSHIP
Mr. Truelove stated they previously discussed consideration of an Ordinance for the regulation of times for the collection of trash in the Township. He stated his office has drafted, and the Board of Supervisors has reviewed this; and they have made some modifications which will be finalized tomorrow. He stated the Ordinance will be an amendment to existing Chapter 172 of the existing Township Code. He stated it includes a separate definition section, authorization which comes from the Second Class Township
May 3, 2006 Board of Supervisors – page 14 of 22
Code and other State laws and regulations, some exclusions, and set of violations. He stated the impetus for the Ordinance is to regulate hours. He stated he understands that the Board would prefer that the Ordinance reflect that no collector who removes waste or recyclables will be able to collect and/or move Municipal waste or recyclable materials from residences after 8:00 p.m. or prior to 6:00 a.m. on weekdays, and the same time would also be reflected for weekdays from commercial, Municipal, or institutional establishments. The weekend hours for residences would be between 8:00 p.m. and
7:00 a.m.; and for commercial, institutional, and other non-residential areas it would be 8:00 p.m. to 6:00 a.m. similar to the weekday requirement.
Mr. Santarsiero stated there are some minor revisions to the Draft that is before the Board, one on page 2 which would be to change the word “hauler” at the end of the definition of solid waste to “collector” and on page 4 in paragraph C of Section 172-60 to limit the scope of that paragraph to commercial contracts. Mr. Santarsiero called for a Motion.
Mr. Caiola moved and Mr. Smith seconded.
Mr. Santarsiero stated this issue came before the Board after numerous residents over the last few years complained about the fact that waste haulers are coming into their neighborhood at very early times – as early as 3:00 a.m., making loud noise. One of the main problems has been the collection of recyclables as they are the loudest, but this is also an issue with respect to ordinary Municipal waste as when the trucks come through, they make noise. He stated the Board of Supervisors feels it is appropriate to reasonably limit the hours of that activity so as to maintain the quality of life for the Township residents.
Ms. Marianne Lamb,
Ms. Lamb stated they are traveling at far higher speeds than the posted speed limits.
Mr. Santarsiero stated at the last meeting when they discussed this, there was a representative from Waste Management who asked that they reconsider passing an Ordinance like this because it would adversely impact the waste hauler’s ability to do their route in the morning and get to the landfill; and the Board feels that 6:00 a.m. provides sufficient time to do so, and this should not restrain their ability to perform their business and do it in an efficient and cost-effective manner.
Mr. Arthur Cohn,
May 3, 2006 Board of Supervisors – page 15 of 22
He stated if the Associations provide his office a copy of their Agreements, they could review them. Mrs. Godshalk asked if the residents have individual containers or is there a dumpster, and Mr. Cohn stated they have individual containers.
Mr. Jim Bray stated there are several trash haulers in the Township so that there is a lot of duplication of effort. He stated from an environmental standpoint this is very wasteful. He stated it also does not make sense economically. He suggested that the Board of Supervisors consider letting out of exclusive contracts to various haulers within the Township. He stated they could negotiate a price; and it is possible that under this arrangement, the people of the Township would pay less money for their trash pick up.
He stated one or more haulers could be selected and they could slice up the Township in various areas. He stated the way it is being done currently makes no sense.
Mr. Santarsiero agreed that the Board would look into this.
Mr. Kenny Martin stated he has the leverage now to change
trash haulers and he did so because he was not happy with the price and the
service he was receiving; and if there was only one company, he would not have
any leverage. He stated that in Yardley
Mrs. Godshalk stated in defense of freedom of choice, the trash haulers they have in the Township offer one can pick-up, or once a week pick up at a reduced rate; and for the Seniors or small families if there was one contract for the Township, they would not have this option and everybody would have to pay the same.
Mr. Zachary Rubin, stated at Makefield Glen through economies of scale, they did negotiate a good price with BFI. Mr. Santarsiero stated they will consider this as an Agenda item at a future meeting.
Motion carried unanimously.
APPROVAL OF ORDINANCE NO. 360 AUTHORIZING THE APPLICATION TO
Mr. Truelove stated the purpose of this Ordinance is to comply with State requirements and is fairly common practice.
Mr. Stainthorpe moved, Mr. Caiola seconded, and it was unanimously carried to approve Ordinance No. 360.
May 3, 2006 Board of Supervisors – page 16 of 22
APPROVE ADOPTION OF TRAFFIC COMMISSION DISTRICTS
Mr. Santarsiero stated when they adopted the Resolution creating the new Traffic Commission, they did so anticipating that they would also create Districts throughout the Township which could then be represented on the Traffic Commission by the various members. Mr. Majewski has proposed three different options for the Board’s consideration, and he provided this information to the Board this evening.
Mr. Majewski stated there are many ways they can divide up the Township into different Districts to handle traffic issues and to select representatives to be on the Traffic Commission. In the three options proposed, he tried to look at different areas of the Township to get a representative cross section of people who would have different perspectives on different traffic problems.
Mr. Santarsiero stated he feels Option C would be the most effective and does a good job breaking the Township up. Mr. Majewski stated he agrees that this gives the best balance of population and common concerns for different traffic issues and the best perspective for the entire Township.
Mr. Smith stated they have interviewed a group of fine people to serve on the Traffic Commission; and he is concerned that if they have several people from one of the Districts, he would not want to exclude someone because they have too many representatives in District 1 and not enough in District 6. He stated he would not want to hold up the formation of the Commission because they do not have an applicant from each one of the specific Districts. Mr. Santarsiero stated when they drafted the Resolution they foresaw this possibility and included language indicating that if they could not find someone in each District, they would try to choose people from neighboring Districts. Mr. Santarsiero stated the reason he came up with the idea of having Districts was because there are people in different neighborhoods who have a better understanding of the traffic problems and patterns in their neighborhoods and there are different issues in different parts of the Township. Mrs. Godshalk stated once they have made the Appointments to the Commission, possibly they could look at this and see how the Township should be carved up. She stated those on the Committee could also adopt a District as they are all Township residents and traverse through the Township.
Mr. Santarsiero stated the purpose was not that the individuals would be solely responsible for their District, but that the Commission would work for the benefit of the entire Township although if they live in a particular neighborhood, they would have the insight of living in a specific area. Mrs. Godshalk stated she does not feel it is that important to necessarily have someone from each of the Districts and noted that if they made the appointments and then someone resigned from District 1, they would then have to advertise for someone living within a specific area to apply to the Traffic Commission.
May 3, 2006 Board of Supervisors – page 17 of 22
Mr. Caiola agreed and stated he does not feel anyone who is appointed to the Commission would be upset if they were asked to be responsible for a different neighborhood.
Mrs. Godshalk moved and Mr. Caiola seconded to approve Option C in the information provided by Mr. Majewski as attached to the Minutes.
Ms. Sue Herman stated she does feel there is merit in getting representation from various areas of the Township as part of what they wanted to do was to get the public buying into driving responsibly in the Township and to slow down. She stated she would not want them to hold up appointments to the Commission, but the more people they can get from different areas, the more effective it will be.
Ms. Virginia Torbert suggested that they start out with three Districts – one in the north, one in the center, and one in the south and appoint one individual from each of those areas along with two to four other people to be appointed at large; and as the Commission meets and begins to look at the issues and priorities, the Commission would then have the authority to assign those people to particular areas. She stated the ideal would then be as Commission members are replaced, that they would give priority to people who live in certain areas. Mr. Santarsiero stated he is concerned that they would then have to revise the Ordinance that exists, and he is not sure what the turn over will be over time on the Commission.
Mr. Ron Schmerko,
Motion carried unanimously.
APPROVAL OF BARBARA BODINE MINOR SUBDIVSION PRELIMINARY/
FINAL PLAN FOR PROPERTY LOCATED
Mr. Henry VanBlunk, attorney for the developer, and Mr.
Bruce Sattin, attorney for the equitable owner of the eventual adjoining
parcel, were present. Mr. VanBlunk
stated this is an eight acre parcel of ground, and the Bodines want to
subdivide the back portion of the property and sell it to Mr. Sattin’s
client. He stated the Planning
Commission recommended approval, and Mr. Majewski by letter dated 3/27/06
indicated that on
May 3, 2006 Board of Supervisors – page 18 of 22
property. He stated this property is already built and they have already added onto the property with decks, walks, etc.; and, in fact, they are actually taking away some of the impervious surface.
Mr. Caiola moved and Mr. Stainthorpe seconded to approve the Preliminary/Final Plan for Barbara Bodine Minor Subdivision, Tax Map Parcel 20-34-67-2, dated 10/6/05, last revised 3/5/06 subject to:
1) The Applicant shall comply with the
Subdivision and Land Development Ordinance (SALDO), the
Lower Makefield Township Zoning Ordinance, all applicable State
and Federal Ordinances, Statutes, or Laws;
2) Receipt of all permits, authorizations, or approvals from all Agencies
with jurisdiction, including, but not limited to Pennsylvania Department
of Environmental Protection;
3) Compliance with the Schoor DePalma letter dated 3/27/06;
4) Applicant to pay pursuant to SALDO Section 178-39, an impact fee
payable for off-site public transportation capital improvements as
authorized under the applicable Impact Fee Ordinance that the Township
adopted under Article V-A of the Municipalities’ Planning Code, the
said amount to be determined;
5) Applicant to pay, pursuant to SALDO Section 178-92, the fee-in-lieu
of recreation land, the said amount to be determined;
6) Compliance with review letter of James C.V. Yates, dated 10/30/05;
7) Compliance with review letter from Remington, Vernick & Beach
Engineers, dated 3/14/06;
8) Compliance with review letter from the
9) Compliance with review memorandum from the
Planning Commission dated 10/31/05;
10) Compliance with review memorandum from the
Township Planning Commission dated 4/25/06;
May 3, 2006 Board of Supervisors – page 19 of 22
Compliance with the proviso listed by the
Township Planning Commission that #1 on the subject
Plans be modified to the satisfaction of the Township engineer;
12) Compliance with the Board of Supervisors’ conditions regarding
Applicant’s request to exceed the maximum impervious surface
ratio of 0.25 permitted by the developer, by an additional 267
square feet on
ratio of 0.267;
13) Revision of Plans to show proposed location for a recharge
chamber for roof drains, said Plans to note that said recharge
chamber for roof drains to be located a minimum of 10 feet
from the building foundation, subject to Township engineer
14) Where applicable, the Applicant shall comply with all comments
from the appropriate authorities responsible for approval of the
Mr. VanBlunk stated the Conditions are acceptable.
The Motion carried unanimously.
ACCEPT WITHDRAWAL OF PRELIMINARY/FINAL PLAN FOR PRATICO SUBDIVISION
Mr. Truelove stated Mr. Fedorchak received a letter from Mr. Pratico dated 3/17/06 requesting acceptance of withdrawal of the Preliminary/Final Plan. Mr. Truelove stated he will meet with Mr. Fedorchak to determine what costs have been incurred to date so he would recommend that the Board accept the withdrawal and that the other issues be deferred at this time.
Mr. Stainthorpe moved, Mr. Caiola seconded and it was unanimously carried to accept the withdrawal of the Preliminary/Final Plan for the Pratico Subdivision but that the other issues in Mr. Pratico’s letter of 3/17/06 be deferred pending review by Mr. Fedorchak and the Township solicitor.
May 3, 2006 Board of Supervisors – page 20 of 22
ZONING HEARING BOARD MATTERS
It was agreed with respect to the Joseph and Marie Conner,
Mr. Stainthorpe moved, Mr. Caiola seconded and it was unanimously carried that the solicitor appear in opposition to the Peter Orloff and Joy Grace, 937 Sandy Run Road, Variance request to allow the previous removal of trees as well as permit the proposed removal of additional trees in the flood plain, subject to homeowners’ compliance with several different agency conditions and oversights and for the Township to be involved in the process.
It was agreed to leave to the Zoning Hearing Board the Michael and Kristin Sullivan,
Mr. Santarsiero stated they have met preliminarily about
articles for the June Township Newsletter and a draft should be available
within the next few weeks to be circulated to the Board. He stated the Pension Committee met and they
should have a Pension Plan to be considered by the Board of Supervisors within
the next month. The Southeastern Bucks
League of Municipalities will meet on May 31, and one of the issues on the
Agenda will be the proposed Airport expansion in
Mr. Caiola stated the Sewer Authority discussed the bid as well as a brief discussion on the scope of the study they will do to determine whether or not the Township should sell or not sell the sewer system. He stated this information has been passed along to
Mr. Fedorchak with some names of potential people to do the study.
Mr. Stainthorpe stated the Philadelphia PGA is very
interested in having their offices located at the Manor House at the Township
Golf Course. He stated Mr. Fedorchak and
Mr. Draper attended a meeting on this last week. The
May 3, 2006 Board of Supervisors – page 21 of 22
were very similar and these were passed by the group. They also passed a Resolution to allow local Townships to use radar. He stated there was discussion about a regulation which was apparently approved that would extend prevailing wage to Township road crews and Township road work, and this could have a devastating impact on everyone’s Budget and could triple the cost of paving roads in the Township. He stated Governor Rendell put it on hold, not because he was against it, but because he had some procedural questions as to how it had been publicized.
Mrs. Godshalk stated seventeen trees were planted around the Memorial. Tomorrow and Monday fifty-four maple trees will be planted along the entrance road. These were acquired through the Living Memorials Grant that the Committee obtained. She stated Building Restoration is on the scene and installing the piping for the vault for the water. She stated they have also discussed a well. She stated they have a gift from someone who would like to put in an underground irrigation system but first they need a well as they do not want to use public water. She stated this could also be carried to other areas when the ball fields go in, etc. Mr. Fedorchak is looking into the cost of drilling a well.
TABLE APPROVAL OF THE 2006-2007 CONSORTIUM FUEL OIL BIDS
Mr. Fedorchak asked that the Board table this item. He stated these bids are for heating oil, gas, and diesel fuel. He stated this is the first time that the Consortium did not receive firm prices for the entire year for diesel and gas. He stated there are also a few questions he has of the Consortium for which he does not yet have answers.
Mr. Caiola moved, Mrs. Godshalk seconded and it was unanimously carried to table.
APPROVAL OF 2006-2007 CONSORTIUM ROAD MATERIAL BID
Mr. Fedorchak stated this is for various materials used by the Public Works Department including stone and asphalt products used for repairing roads, back trenching, storm sewers, etc. He stated they recommend that they award the bids to Eureka Stone, Hansen Aggregate, and Barret Asphalt and the Public Works Department will then have the opportunity to purchase those materials at the best available prices.
Mr. Stainthorpe moved, Mrs. Godshalk seconded and it was
unanimously carried to approve the
May 3, 2006 Board of Supervisors – page 22 of 22
AWARD BID FOR RENTAL OF UNIFORMS FOR PUBLIC WORKS, SEWER DEPARTMENT, AND PARK & RECREATION EMPLOYEES
Mr. Fedorchak stated for this particular item, the price bid by Aramark is less than what was paid in 2005.
Mr. Stainthorpe moved, Mr. Smith seconded and it was unanimously carried to award the bid for rental of uniforms for Public Works, Sewer Department, and Park & Recreation employees to Aramark.
Mr. Smith asked that Mr. Fedorchak look at the Applicants for the Traffic Commission to see where they reside in relation to Option C approved this evening.
Mr. Santarsiero noted the upcoming Memorial Day Parade to which the Board of Supervisors has been invited. He stated he has responded on behalf of the Board indicating that they would be present; and if they are not able to attend, he asked that he be advised.
Mr. Santarsiero stated that Richard Blake Miller has invited
the Board to attend his Eagle Scout Ceremony to be held on June 4 at 3:00 p.m.
There being no further business, the meeting was adjourned at 10:05 p.m.
Greg Caiola, Secretary