Doylestown Township
Bucks County, Pennsylvania

 
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Minutes from

December 15, 2009

Board of Supervisors Meeting

The Regular Meeting of the Doylestown Township Board of Supervisors was held at 7:00 p.m. on Tuesday, December 15, 2009 at the Doylestown Township Municipal Building, 425 Wells Road, Doylestown, PA.   Members of the Board of Supervisors in attendance included Chairman; Barbara N. Lyons, Vice Chairman; E. Thomas Scarborough, Jr., Supervisor; Cynthia Philo.  Others in attendance included Chief of Police; Stephen J. White, Township Solicitor; Jeffery P. Garton; Director of Operations; Richard E. John; Township Manager; Stephanie J. Mason

Absent: Supervisors; Barbara Eisenhardt and Jeffrey Bennett; Township Engineer: Mario Canales

PLEDGE OF ALLEGIANCE

ANNOUCEMENTS:

The next Board of the Supervisors meeting is scheduled for Monday, January 4, 2010 at 9:00 a.m. in the Doylestown Township Municipal Building. 

The Doylestown Township Municipal Offices will be closed Friday, December 25, 2009 for the Christmas holiday and Friday, January 1, 2010 for the New Year’s Day holiday. 

PUBLIC COMMENTS

Resident; Mr. Bigler questioned if an ultimate right of way for road widening was taken from the Temple Judea construction project.  Mr. Garton stated currently the right of way is secure and no decision will be made until construction is to begin. 

Mr. Bigler then questioned how the Township will prevent a property developer from building on approximately 60% imperious surfaces in the Temple Judea property.  As per an expert witness statement from the previous Board of Supervisor’s meeting, there is approximately 50,000 square feet of woodlands area and Temple Judea’s final construction plans states 166,834 square feet.   Mr. Garton suggested Mr. Bigler direct his question to the Township Manager, Stephanie Mason, so she may direct the question to Temple Judea or engineer. 

MINUTES APPROVAL:

Minutes of the December 1, 2009 will be approved at the next Board of Supervisor’s meeting of January 4, 2010.

POLICE CHIEF:

Recognition of Sergeant Michael Johnson – Retirement

Chief White requested the Board’s approval of a proclamation in honor of Sgt. Michael Johnson’s 29 years of service and congratulate him on his retirement from the Doylestown Police Force.

Ms. Philo made a MOTION to accept a proclamation in honor of Sgt. Michael Johnson’s years of service on the Doylestown Police Force and wish him a successful retirement, seconded by Mr. Scarborough.

MOTION was ADOPTED 3 to 0.

CORRESPONDENCE:

Ms. Stephanie Mason indicated, Bucks County Community Development Advisory Board approved $34,550.00 for a handicap signal improvements at Barn Plaza, but denied 2010 funding for the Aldie Mansion patio wall restoration.

REPORTS

SOLICITOR:                          No Report

TOWNSHIP MANAGER:     No Report

SUPERVISORS:

Ms. Philo:

Due to recent developments regarding Supervisor, Mr. Jeffrey Bennett’s law firm, Ms. Philo asked the Board request Mr. Bennett’s resignation from the Board of Supervisors.  Ms. Philo stated that Mr. Bennett’s law firm was a part of a 15 count indictment and yet he has not approached the Board with an explanation of his future plans. She feels her request is reasonable and can’t see how Mr. Bennett can realistically continue his role as a Supervisor, while defending himself in federal court.  Ms. Philo further indicated that Mr. Bennett failed to list three companies as a source of income in his financial statement, required by the State.   She believes this creates serious questions as to why Mr. Bennett hides his activities from the law. 

Ms. Philo made a MOTION to request the Board’s support that Mr. Bennett step down as a member of the Board of Supervisors and have the Board appoint a replacement who can devote their attention to the business of governing the Township and whether Mr. Bennett’s presents creates a possible current or future liability for the Township.

MOTION FAILED for lack of a second

Disappointed and surprised, Ms. Philo doesn’t understand what it will take for the Supervisors to be responsible to the residents and added that her motion is not personal, but feels it’s necessary to function as a Board.   Ms. Philo feels Mr. Bennett’s unwillingness to discuss the case will be detrimental to the Board and each resident of the Township.

Ms. Philo renewed her MOTION to have the Board seriously consider the request of Mr. Jeffrey Bennett’s resignation from the Board of Supervisors and search for a replacement to assist the Board in functioning fully.

MOTION FAILED for a lack of a second.

Ms. Philo informed the public the Traffic Committee is moving forward with discussions regarding traffic calming measures on Saurman Road and a decision will be made within the New Year. 

PUBLIC HEARING:

Proposed Backflow and Cross Connection Ordinance

Mr. Garton indicated the Board authorized the advertisement of the Proposed Backflow and Cross Connection Ordinance, which is required by the Pennsylvania Code and enforcement of the Safe Drinking Water Act.  Mr. Garton noted the advertisement was duly posted in the Intelligencer and a copy placed in the law library to be ready for public hearing.  Mr. Garton then addressed page 6, Item B of the ordinance and suggested the word “Township” be placed between Doylestown and Municipal.  Mr. Garton then introduced Mr. John to continue with the request. 

Mr. John stated the Municipal Authority proposes the ordinance on back flow prevention, under the Authority’s rules and regulations and the Pennsylvania Code Title 25, Chapter 109.  Once the ordinance is enacted the Authority can move forward to insure these devices be installed and proper, annual inspections be provided to commercial properties and five year inspections for residential homes.  Although the backflow units have been installed for some time, the ordinance will enable the Authority to certify the units are working properly and maintain by an outside firm. 

Mr. John requests the Board consider the enactment of the Backflow and Cross Connection Ordinance. 

Mr. Garton suggested Mr. John explain to the public, the meaning of backflow.  Mr. John explained it’s illegal to allow any type of contamination to enter any water systems. Residential properties are suspect to these contaminations due to being openly fitted from public water.  With the backflow prevention device, water will enter the building and not be allowed out.  Mr. John added the backflow systems do have some problems and will be provided to the public in a newsletter.  Any backflow preventer should be accompanied with a thermal expansion tank to absorb any additional pressure that may enter the system.  This will prevent pressure in the water tanks that may cause explosions. 

Mr. Scarborough made a MOTION to approve the Backflow and Cross Connection Ordinance, seconded by Ms. Philo.

MOTION was ADOPTED 3 to 0.

UNFINISHED BUSINESS:

Inter-municipal Agreement – Buckingham Township Cross Keys Water Service District

After many months of negotiations, Mr. John presented the Board with a signed Inter-municipal Agreement between Doylestown Township Municipal Authority, Buckingham and Doylestown Township to obtain grant monies from the Department of Environmental Protection (DEP) in order to move forward with the installment of public water along the Cross Keys area.  Mr. John then requests the Board’s approval of the Inter-municipal Agreement. 

Ms. Philo made a MOTION to approve the Inter-municipal Agreement between DTMA, Buckingham and Doylestown Townships, seconded by Mr. Scarborough. 

MOTION was ADOPTED 3 to 0.

Furlong Area Groundwater Issues

Mrs. Lyons informed the public due to the inability of Buckingham Township providing a water connection for the Furlong area, the Township lost the ability to receive funds from the DEP from the Vander/Furlong waterline grant.  However, DEP indicated that an application can be submitted in the future once a water source is in place. The Board reviewed the letter from DEP and also from the North Wales Wales Water Authority.

NEW BUSINESS:

2010 Final Budget

As a result of hard work between the Township staff, Ways and Means Committee and the Board of Supervisors, Ms. Mason presented the 2010 final budget that includes no tax increase,millage remaining at 7.25 mills, revenues anticipated at $12,744,410., expenditures at $10,274,216., transfers of $465,029., and a fund balance of $2,005,165.

Mr. Scarborough made a MOTION to approve the Doylestown Township 2010 Final Budget for the purpose of discussion, seconded by Mrs. Lyons. 

Mr. Scarborough was elated to find no tax increase, a fund balance and surplus in the budget and added that other municipalities added horrendous tax increases in their budgets.  Mr. Scarborough concluded by stating he is very proud of Doylestown Township for their diligent work in keeping the budget fiscally in good shape for the past years. 

Resident; Mr. Frank LaRosa asked if the budget was finalized.  Mrs. Lyons explained the preliminary budget has been hanging for 20 days and the goal is to finalize the budget at tonight’s meeting. 

Ms. Philo announced that she will not provide her vote on the Township’s 2010 Final Budget, unless a compromise is made to decrease the budget by an additional 5%, to make sure nothing is taken away from the fund balance.  Mrs. Lyons suggested Ms. Philo revisit her previous suggested to decrease the budget.  Ms. Philo refused to include her suggestions previously rejected by the Board and is willing to work with the Board to approve the budget if an additional 5% is deducted to serve the Township better by not dipping into the relief fund.  Mrs. Lyons asked Ms. Philo to clarify that the additional 5% decrease is to be taken out of the $10 million expenditures used to run the Township across the board.  Ms. Philo stated another work session is needed to audit each item for a reduction.  Mrs. Lyons informed Ms. Philo that at two previous budget work sessions, the items in question were discussed in her absence.  Ms. Philo reminded Mrs. Lyons that she did not vote for these items at the previous work sessions and did not change her mind. 

Mr. LaRosa then asked Ms. Philo to clarify the items in question for his understanding.  Ms. Philo answered by stating the budget can be reduced by $500.000.  Resident; David Rapoport suggested Mr. LarRosa learn about the budget outside of this meeting by viewing the minutes posted on the township’s website. 

Mrs. Lyons informed the public the proposed budget has no tax increase, no reduction services, and a surplus carried from 2009 with a projected surplus for 2010.  The Board worked very hard with the Ways and Means Committee to develop a budget.  If the budget is not approved by the end of the year, the Township will be in violation of the law.  Mrs. Lyons then stated since Ms. Philo refuses to review her discrepancies with the budget, a special Board of Supervisors meeting will be schedule where all Board members can be present to review Ms. Philo’s items and approve the 2010 final budget.  Ms. Philo wanted to clarify, that items of concern were previously rejected by the Board at several budget work session meetings.  Mrs. Lyons concluded by stating the Board has a responsibility to the residents, operation of business, staff and township itself to work as a team and gave Ms. Philo a final chance to address her concerns regarding the budget. 

Resident; Jordan Yeager reminded the Board at a previous budget meeting; Mr. Scarborough had a discrepancy with the budget and refused to discuss his concerns the day a budget was to be approved.  At that time, Mr. Yeager recalled Mr. Scarborough was not pressured to do so, and feels there is a double standard amongst the Board.  Mr. Scarborough took exception to Mr. Yeager’s comments.  Mr. Scarborough agreed in the past, he did refused to vote on a budget, but his concerns were worked out several months prior to the approved budget, and included his suggestions.  Mr. Yeager then requested the minutes reflect Mr. Scarborough’s political attack on his comment, rather than addressing his question.  Mr. Scarborough disagreed his response was a political attack towards Mr. Yeager.

The Board set December 21, 2009 for a Special Meeting.

Resolution No. 1499

Mr. Garton announced the Resolution No. 1499 to set a tax rate would need to be tabled and be approved at the Board of Supervisors Special Meeting. 

Resolution No. 1498

Ms. Mason explained due to the retirement of Finance Officer, Mr. Wightman, a new voting delegate is required to be appointed to the Tax Collection Committee.   

Ms. Philo made a MOTION to appoint herself as the primary delegate to the Tax Collection Committee and Stephanie Mason as the alternate, seconded by Mrs. Lyons. 

MOTION FAILS 2 to 1, with No Action

Land Development Review Extension – Eves Tract Minor Subdivision

Mr. Scarborough made a MOTION to accept the request for land development extension for the Eves Tract, seconded by Ms. Philo. 

MOTION CARRIED 3 to 0

TREASURER’S REPORT:

Ms. Philo made a MOTION to approve the Treasurer’s Report of December 15, 2009, seconded by Mr. Scarborough.

MOTION was ADOPTED 3 to 0.

BILL’S LIST:

Mr. Scarborough made a MOTION to approve the December 15, 2009 Bill’s List in the amount of $100,548.51, seconded by Mrs. Lyons. 

MOTION FAILED 2 to 1.  Bill’s List will be presented at the Special Meeting of the Board of Supervisor’s meeting of December 21, 2009.

Resident; Mary Lou Parry asked what are the consequences of the budget if all Board members not present at the December 21, 2009 meeting.  Mr. Garton answered by stating meetings will continue to be scheduled until all members are present or a majority of the members reach a consensus on the budget.  Mrs. Parry then asked what will happen if the budget is not approved by the end of the year.  Mr. Garton stated state aid, such as for liquid fuel will be lost, no payroll can be distributed and Township bills cannot be paid.  Mrs. Parry hopes some cooperation on the Board’s part can be made to move the budget forward. 

Resident; Mike McCloskey asked when will the minutes of December 1, 2009 be available, and if they mention the 2010 budget.  Mrs. Lyons answered the minutes will be available for the Monday, December 21, 2009 meeting.

ADJOURNMENT:     7:40 p.m.

 

Respectfully submitted by
Stephanie J. Mason

Board of Supervisors
Boards and Commissions
 

 

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Created: June 26, 1998
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