Minutes from

February 19, 2008

Board of Supervisors Meeting

Mr. Scarborough asked about cost-sharing between two municipalities.

Ms. Toole replied we recommend that the Township look at it as a project-by-project basis and decide what to move forward with based on a study of that specific project, and look at what the costs are to build and maintain it and what the various revenue sources are.

MOTION was ADOPTED 5-0.

Stormwater: Illicit Discharge, Detection and Elimination Program Update:

John Garges, P.G. of Conestoga Rovers and Associates gave a video presentation on the Illicit Discharge Detection and Elimination Program to the Board. (see attached power point)

Several residents had questions and expressed their concerns, which were addressed by Mr. Garges.

PUBLIC COMMENT:

There was none.

ANNOUNCEMENTS:

Ms. Lyons announced that the next meeting of the Board of Supervisors is scheduled for Tuesday, March 4, 2008 at 7:00 p.m.

APPROVAL OF MINUTES – February 5, 2008:

Mr. Scarborough made a MOTION, seconded by Ms. Philo to approve the minutes of the February 5, 2008 Board of Supervisors Meeting.

Mr. Bennett corrected Page 3 – Exonerate Tax Collector: The motion should reflect that it passed 4-0 with Mr. Scarborough abstaining.

Ms. Eisenhardt noted there was a first and no second made on that motion.

MOTION to approve the minutes as amended PASSED 5-0.

CORRESPONDENCE:

There was none.

REPORTS:

Solicitor:

Janet King – ZHB Decision:

Solicitor Garton said the applicant Janet King has not complied with the required notices under the ordinance for the purpose of conducting a hearing. No final decision has been rendered but, he advised the Board, that once someone takes an appeal, the Township should participate so as to guarantee the integrity of the process. At this point, he does not know whether an appeal has been filed yet. If an appeal is not provided shortly, we should appeal for the purpose of preserving the integrity of the process.

Ms. Eisenhardt asked is the applicant required to notify residents who live within 500 feet.

Solicitor Garton replied adequate notice was not provided.

Ms. Philo asked how does the ZHB handle it?

Solicitor Garton replied the ZHB does not do an independent analysis. They tell the applicant to provide a list of all identifiable properties and then the Township sends out notices from that list.

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to appeal and/or intervene depending on the outcome of the appeal.

Ms. Lyons asked for any public comments.

Patricia Vaughn, Pebble Hill Road, asked if the Township appeals this as opposed to anyone else, are you appealing it on the grounds of non-notification only.

Solicitor Garton replied he and the Board have not reviewed the transcript or decision so we are not in the position to suggest that there should be an appeal on other grounds.

Michael Land, 2 Stringer Drive, said a cease and desist order was placed at 945 Pebble Hill Road. Where does that come into play?

Solicitor Garton replied since the special exception was granted, the cease and desist order is now invalid because the applicant obtained relief, but it will come into play depending upon the outcome of the appeal.

James Bingler, 29 Turkey Lane, asked is it 30 days notice before the ZHB intervenes?

Solicitor Garton replied no, there is a 10-day notice.

MOTION was ADOPTED 5-0.

Police Chief:

No report.

Township Engineer:

No report.

Manager:

Township Manager, Stephanie Mason announced that the 2008 PRPS Award was given to us for our Winter/Spring 2008 Program Guide and the PA Council on the Arts Award was received for summer concert series.

Supervisors:

Ms. Lyons announced that the Board met prior to this meeting and interviewed a candidate for our Parks & Recreation Board.

Ms. Philo made a MOTION, seconded by Ms. Eisenhardt to appoint Allison Hamilton as a new member of our Parks & Recreation Board.

MOTION was ADOPTED 5-0.

There were no further comments from Supervisors.

PUBLIC HEARING:

Proposed Zoning Ordinance Amendment – C17 in C2 District (Sunrise Living)

Solicitor Garton said at the Board’s direction, he prepared and advertised an ordinance for action this evening. This ordinance would permit assisted living within the C-2 Commercial District.

Mr. Bennett made a MOTION, seconded by Ms. Lyons to adopt a zoning ordinance amendment adding C-17 use to a C-2 District.

Mr. Scarborough said he is against this motion because he feels this is an improper place to put the assisted living structure. We have a consistent flooding problem in this area and in the back of this property is all floodplain. He is not against assisted living, but this is not the right place for it. It will burden the residents of the Estates of Doylestown, and he is not in favor of it.

Ms. Eisenhardt said she has seen a video of the flooding of the backyards of the Estates of Doylestown and it looks like a river behind their homes. This subdivision would make it worse. Additionally, she believes before we change any of our zoning, we should look at our Comprehensive Plan as it is 15 years out-of-date. Instead of what she calls, “spot zoning” she would like to look at the entire Township as one piece and do more detailed rezoning if needed. A letter from the Bucks Water and Sewer Authority certified that there is enough treatment capacity to receive 8,200 gallons per day from the 80 unit facility; however, she is concerned that there is already limited sewer capacity for our residents and she fears that new construction and development will use the capacity that has been intended for residents.

Ed Murphy, Esquire representing Sunrise Living, said the property today is zoned C-2 and it is capable of being developed and subdivided for a wide-range of commercial uses. We propose to add a Personal Care Home to the list of uses already permitted in the commercial district.

The Sunrise facility would be best located adjacent to an area that provides commercial, consumer services. Regarding stormwater, there will be no development to the rear of the property as the construction will be closer to Rt. 611 as opposed to the back of the property. There is sewer capacity at Kings Plaza, and we have followed the ordinance and procedures and met with the neighbors before formally submitting a petition.

Ms. Lyons said the residential population most affected by this development was happier with this proposal than anything they have seen prior to it. She asked for any public comments.

James Bingler, 29 Turkey Lane, asked is the density based on the whole site and not just the net buildable site.

Mr. Murphy replied it is based on a maximum impervious surface ratio for the site. Our impervious number is based on the net building site area.

Bill Long, 325 Bunker Hollow Road, said he generally agrees to what Sunrise is offering; however, he is concerned about the development of the rest of the parcel, which will add to the water problem. He agrees that the Township should look at the totality of it.

Ms. Lyons said there is no other space available anywhere else in the C2 District for a development like this one. This is not “spot zoning” This is creating another use in the C2 District where it would be appropriate. “Spot zoning” is something we do not do because it is illegal.

MOTION FAILED 2-3.

UNFINISHED BUSINESS:

Refinancing 1998 & 2002 Bond Issue:

Ms. Lyons said we are looking for authorization tonight to go with one of the financial advisors for the refinancing of the Bond Issue.

Mr. Bennett noted that Mr. Wolf’s summary was not in our packet this week, and asked if there was any further communication with him on this matter.

Ms. Mason replied she spoke to him, and he indicated that if consideration was given to him, he would lower his price to $10,000, but no lower than that.

Ms. Eisenhardt asked is it necessary to have a financial advisor or could Mr. Wightman advise the Township?

Solicitor Garton replied he does not feel that Mr. Wightman has the expertise and skill to complete this transaction.

Mr. Bennett made a MOTION, seconded by Ms. Philo to engage the services of Mr. Wolf as the Township’s Financial Advisor for Refinancing of the 1998-2002 Bond Issue for a fee not-to-exceed $10,000.

MOTION was ADOPTED 5-0.

NEW BUSINESS:

Traffic Signal Installation – Change Order:

Ms. Mason said this is a change order for traffic lights that are being installed. Pennoni  and PennDOT performed a pole spot at the intersections of State Street & Memorial Drive/Private Drive & Progress Drive & Butler Avenue/West State Street & Burpee Road Butler Avenue/State Street & New Britain Road for an additional amount of $8,342.00 and she recommended that the Board approve it.

Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to approve Pennoni & Associates’ change order in the amount of $8,342.00.

Ms. Philo asked why wasn’t this known ahead of time?

Ms. Mason replied PennDOT makes field adjustments when they are in the field. We had more money budgeted for this project initially and, even with the change order, we are still under budget.

Ms. Philo asked in the future that any change orders should indicate that we are still under budget.

MOTION was ADOPTED 5-0.

Land Development – Delaware Valley College –Equine Science and Management

David Liddle, Director of Facility Planning and Construction for Delaware Valley College, said we are asking for a waiver from the land development process. A copy of the plan was provided to the Board. The DVC is in need of expanding the Equine Science and Management Program. We propose to construct an addition to the existing Standardbred barn. This project is located on land that is registered under the Farmland Preservation Act AC11, which consists of 233 acres of the DVC campus.

The addition consists of 13 new stalls, a new laboratory, three new foaling stalls, stallion collection barn, additional run out shed, enlarged feed room and a bathroom.

The DVC has obtained a $320,000 Higher Education Assistance Grant from the Pennsylvania Department of Education for this project. We obtained five bids and they range from $288,545 to $659,500. We are asking for a waiver due to the cost of land development, which would exceed our budget. The timeline for the project is that construction will be done over the summer months and completion will be achieved prior to the beginning of the fall, 2008 semester.

We will be using Best Management Practices during this construction, and we will develop and implement a plan that includes erosion and sediment control and pollution prevention. We will have regular inspections of the construction site by our Project Manager and our Environmental Health and Safety Officer. He asked for consideration in this matter.

Solicitor Garton asked is there a nutrient management plan for the horses?

Mr. Liddle replied yes.

Ms. Philo made a MOTION, seconded by Mr. Scarborough to waive the land development process for the Equine Science Center of Delaware Valley College.

Ms. Eisenhardt asked do we need to include that the fees will not be waived.

Solicitor Garton replied no, the applicant will apply for a building permit.

Ms. Philo amended the motion to add that the applicant must apply for a Township Erosion and Sedimentation Control and Grading permit so the Township can review it.

Mr. Bennett noted for the record, that he will abstain from voting on this matter because he is an adjunct faculty member at DVC.

A resident asked for an explanation of what exactly is being waived for this project.

Ms. Lyons replied the applicant does not have to go through a formal land development process, which would require them to have an engineer do a complete plan, and it will not have to be reviewed by the Planning Commission, the Bucks County Planning Commission, Land Planner, etc.

MOTION as AMENDED PASSED 4-0-1. Mr. Bennett abstained.

Shawn Touhill Subdivision – Preliminary Major Subdivision

Solicitor Garton said the applicant requests to subdivide this parcel into six lots, one of which will contain the existing land development. The plans were prepared by Cowan Associates, Inc., dated September 5, 2006 and revised on January 8, 2008. The applicant has requested four waivers as follows: the plan to show watercourses and wells within 400 feet; a proposed 40 foot wide right-of-way and 18 foot wide cartway; no sidewalks on both sides of the street; and no curbing along the proposed roadway. The Board agreed to those waivers with the understanding that the determination of a fee in-lieu-of will be resolved between now and the final plan.

The Board, if so inclined, would need to impose conditions upon approval, which would be the compliance of the Pickering, Corts & Summerson, Inc letter, dated January 23, 2008 with the waivers as noted; determine whether to accept the additional right-of-way on Sandy Ridge Road; be satisfied that the Homeowners’ Association maintain the streets and stormwater system; and that the applicant pays a fee  in lieu of recreation $1,880 per lot times 6 lots; that the applicant be in receipt of approvals from any other agencies including the Municipal Authority, Board of Health, Fire Marshal; compliance with the EAC report, dated, October 10, 2007; the applicant pay an off-site improvement fee of $1,000 per lot for each new lot; compliance with the Pennoni letter, dated February 1, 2008; compliance with the Boucher & James report, dated, January 29, 2008; and pay for all expenses pertaining to this application. He asked the applicant if he accepts those conditions.

Michael Carr, Esquire replied yes. There is a note indicating there is a small encroachment of a fence from Sterling Court. We do not plan on having Sterling Court tear down that fence. We may ask for a waiver regarding large diameter trees that are 28-48 inches in caliber and only 10% of them are allowed to be removed during the final plan phase.

Ms. Lyons asked for any public comments.

Harold Johns, 881 Sandy Ridge Road, asked does the waiver for the sidewalk include the sidewalk along Sandy Ridge Road?

Mr. Canales replied no, they are proposing a bike/hike path along Sandy Ridge Road on the development side.

Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to approve the Preliminary Major Subdivision Plan for Shawn Touhill with the conditions set forth by our Solicitor.

MOTION was ADOPTED 5-0.

2008-2009 Salt Contract:

Ms. Philo made a MOTION, seconded by Ms. Eisenhardt to participate in the COSTARS Salt Purchasing Program for the 2008-2009 Salt Contract.

MOTION was ADOPTED 5-0.

2008 Lawn Bid:

Ms. Lyons said Land-Tech Enterprises was the lowest bidder at $63,280.00.

Mr. Bennett asked about breaking the contract into the three areas of basins, parks and open space.

Mr. John replied we did not specify that in the contract. In the past, we tried to break it down, but we received a lot of resistant to it by contractors. He recommends awarding the contract to Land-Tech, who has done an excellent job in the past.

Ms. Eisenhardt asked how many times over the summer do the parks get mowed?

Mr. John replied it is a 28-week cycle.

Ms. Eisenhardt asked it is possible to cut back on the frequency of the mowing to 26 weeks instead of 28 weeks to try and save money. She asked the Board to consider it.

Mr. John replied to change the mowing cycle would change the parameters of how we do business. The contractors hire workers who have to be here five days a week, if we change it to every other week, what would they do with their staff in the meantime. It would drive the costs up and also require them to change the type of equipment they use.

Ms. Eisenhardt said for the record, she would like to look at extending the mowing period of time and the 28-week cycle is unreasonable and she feels we could go to a 10-day cycle.

Ms. Philo made a MOTION, seconded by Mr. Scarborough to award the contract for lawn maintenance of the Township’s basins, open space and parklands for the 2008- mowing season to Land-Tech Enterprises, Inc. in an amount of $63,280.00.

Ms. Lyons asked for any public comments.

Doris Clay, EAC Chairperson, commented the less frequent the mowing, the more complaints from residents about ticks there will be.

MOTION was ADOPTED 5-0.

Zoning Hearing Board Application:

Artifact Realty Limited-790 Edison Furlong Road – Request for a Variance -

Ms. Mason said they are seeking a variance, and the Zoning Officer recommends that we send our Solicitor as they are proposing to have a daycare in the C-1 Zoning District, which is not permitted.

Solicitor Garton added they are asking for a use variance and he does not feel they can prove a hardship.

Ms. Philo made a MOTION, seconded by Mr. Bennett to authorize the Township Solicitor, Jeff Garton to appear before the ZHB on behalf of the Township.

Lindsay Knight, resident, said she lives adjacent to the property and she did not receive a notice about this matter.

Solicitor Garton replied residents who live within 500 feet should have received a notice from the ZHB.

Ms. Mason added the notice will be sent by certified mail Closer to the March 17, 2008 meeting date.

Ms. Eisenhardt commented that it is the Township’s policy that only one notice is sent to residents regardless of whether it gets postponed or cancelled.

MOTION was ADOPTED 5-0.

Central Bucks Family YMCA – 2500 Lower State Road- Request for a Variance -

Ms. Mason recommended that we leave this matter to the ZHB.

Ms. Lyons said the Zoning Officer recommended that we do not send the Solicitor.

Ms. Eisenhardt recommended that we send the Solicitor because there are six waivers being requested including, but not limited to, 376 parking spaces where 499 are required.

Solicitor Garton recommended that since this is a public organization, the YMCA should come before this Board to present their application. He suggested that this Board sends him in opposition except, if the applicant agrees to postpone the proceeding before the ZHB and come before the next Board of Supervisors meeting with their plan and this Board would reconsider their decision.

Ms. Eisenhardt made a MOTION, seconded by Mr. Bennett to authorize the Township Solicitor to attend and be in opposition to the YMCA’s application except, if the applicant agrees to postpone the ZHB hearing from the February 28, 2008 and appear before the Board of Supervisors at their next meeting.

MOTION was ADOPTED 5-0.

Treasurer’s Report:

Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to approve the Treasurer’s Report of February 19, 2008.

MOTION was ADOPTED 5-0.

Bills List:

Mr. Scarborough made a MOTION, seconded by Ms. Philo to approve the Bills List of February 19, 2008.

Ms. Philo asked for the total of refunds given to residents for the Parks & Recreation programs.

MOTION was ADOPTED 5-0.

ANNOUNCEMENTS:

Ms. Lyons announced that the next meeting of the Board of Supervisors is scheduled for Tuesday, March 4, 2008.

ADJOURNMENT:               8:56 p.m.

Respectfully submitted by
Stephanie J. Mason