Minutes from

October 2, 2007

Board of Supervisors Meeting

The regular meeting of the Doylestown Township Board of Supervisors was held at 7:00 p.m. on Tuesday, October 2, 2007, at the Doylestown Township Municipal Building, 425 Wells Road, Doylestown, PA.  Members of the Board of Supervisors in attendance included Barbara N. Lyons, Chairperson, E. Thomas Scarborough, Jr., Vice Chairman, Walter C. Berry, Barbara Eisenhardt and Cynthia Philo.   Others in attendance included Jeffrey Garton, Township Solicitor, Chief Stephen White, Chief of Police, Mario L. Canales, Township Engineer and Stephanie Mason, Township Manager. 

Pledge to the Flag:   The meeting opened with a pledge to the flag.

Taping of the Meeting:  Ms. Lyons explained that Ms. Eisenhardt would be taping the meeting.

Announcements:

The next meeting of the Board of Supervisors will be held on Tuesday, October 16, 2007. 

The Doylestown Township Administrative Offices will be closed on Monday, October 8, 2007, in observance of Columbus Day

Happ Zoning Hearing has been continued to Thursday, 10/25/07 at 7:30 PM

CB Regional Senior Task Force - SCAMS & FRAUDS – 10/23/07 at 10:30 AM, Doylestown Twp. Administration Bldg.

Public Comment:  Mr. Ernie Gash questioned why there were white “X” marks on roads with in the Township. Mr. John, Director of Operations, indicated that the marks were left from the aerial photography conducted by the Bucks County Water and Sewer Authority earlier this year. Mr. Gash also mentioned that next Wednesday, Central Park would hold another cross country event and that it was an excellent venue for such an event.

Minutes Approval – Board of Supervisors Meeting– August 21, 2007:

On motion of Mr. Scarborough, seconded by Mr. Berry, the Board of Supervisors approved the minutes of the Board of Supervisors regular meeting held September 18, 2007 with changes on page 3, paragraph 2, change “copy of” to “email from” and change the 4^th paragraph adding the word “public” before interviews    This motion passed by a vote of 4 to 1 with Ms. Philo abstaining as she was not present at the meeting.

Resolutions and Commendations:  None.

Correspondence: 

Rt. 611/263 Corridor:  Ms. Lyons indicated that the Township received a letter from Bill Rickett, Executive Director, Bucks County TMA, regarding the Rt. 611/263 Corridor Study Kickoff in Montgomery County. The letter indicates that the study, through the Delaware Valley Regional Planning Commission, should include Bucks County communities i.e. Warrington, Doylestown, Warminster, Buckingham and Warwick and that he would like a letter from the Township indicating its willingness to participate. It was recommended and the consensus of the Board was that the chairman of the Traffic Advisory Committee be the Township’s liaison to the committee.

Possible PA State Fair Location – Turk Park #3:  Ms. Sweeney, Director of Parks and Recreation, indicated that she had received a letter from Richard Reithoffer, President, Reithoffer Shows, who owns the name Pennsylvania State Fair, indicating that they were leaving the Bensalem area where they have held the fair for sometime, now that gambling has gone into the race track and are looking for a new location. They have interest in the Central Bucks area. They looked at Turk Park #3 and have some interest.

After some discussion it was suggested that the Board has a mild curiosity to gather further information and receive a financial proposal. It was also recommended that the Township staff contact the race track regarding traffic and other issues. Also to have the Park Board review the proposal.

REPORTS: 

Solicitor:  No report.

Police Report: No report.

 Township Engineer:   No report

Township Manager: The manager indicated that the Ways and Means Committee would like to hold a budget work session with the Board on October 29, 2007, at 7:00 PM.

The consensus of the Board is that date was fine.

Supervisors:   

Ms. Eisenhardt indicated that she would like to bring forward the concept of interviewing Boards and Commissions candidates in public as a motion. The motion was seconded by Cynthia Philo.

Joe Paternostro indicated his concerns about public interviews by Ms. Eisenhardt and the other boards earlier this evening for the Public Water & Sewer Advisory Committee.

Doris Clegg indicated that she figures there is about 56 other boards and commissions people to interview and that there are already people on committees that are serving and may lose interest and it would take an immense amount of time of the Board.

Ms. Eisenhardt commented that was already voted on earlier this year.

Ms. Clegg indicated that it could take the Board so much time that existing boards may have vacancies and not be able to have quorums to meet well into the New Year.

Ms. Philo indicated that the Public Water & Sewer Advisory Committee was important and doing public interviews would be important from this point forward.

Mrs. Goeckler indicated that in a democracy it takes time and work and that’s what we are all about.

Ms. Eisenhardt commented that eight interviews were scheduled earlier this evening for the Public Water & Sewer Advisory Committee and she asked each candidate if they would be interviewed in the Boards meeting room verses the conference room. She indicated that all but two said yes and they were okay being interviewed in public.

Ms. Lyons commented that some of the folks indicated that they felt put upon and were being courteous. She then called the question with Ms. Eisenhardt and Ms. Philo voting “yes” and Ms. Lyons, Mr. Berry and Mr. Scarborough voting “no”. The motion to conduct interviews in public failed on a vote of 2 to 3.

Ms. Eisenhardt commented that at the last meeting there was no vote on the topic just discussed because there was no second, but for the record she wanted to indicate that deliberations and public comments were never at public meetings and she believes that those deliberations took place in executive session.

Mr. Scarborough wanted to make a positive comment on the volunteers and staff that put the Oktoberfest event on. He indicated that it was a marvelous weekend, had fantastic weather and the event and all the effort shows what a wonderful place Doylestown Township is to live.

Ms. Lyons also commented about Oktoberfest, indicating approximately 9,000 people over 6 and under 60 came through the gate, plus many others under 6 and over 60, in addition 400 volunteers. Total estimate was about 12,000 people attended the event. 225 people participated in the 5K Race/Fun Run and Health Walk. The twenty five minute firework show was spectacular. In addition, Frank LaRosa, chairman of the committee for the last nine years, was honored as he is retiring as chairman, but hopefully not as the MC.

Mr. Goeckler wanted again to raise the issue on sewers and wants to make sure that participation of competent people sit on the Public Water & Sewer Advisory Committee. He said putting people on committees that they may not be qualified for is an embarrassment for everyone and the general public doesn’t know the qualifications of those serving and those would be known if interviews were conducted in public. He believes at the August 7, 2007 presentation by Conestoga Rovers was the only ones who did a good presentation.

Mr. Scarborough commented that this was a roll out by the Public Water and Sewer Advisory Committee’s recommendations and was the first presentation the Board as a whole saw on the matter of the public sewer project being proposed.

Mr. Goeckler again commented that he thought the individuals were not qualified and that it was a poor presentation.

Mr. Scarborough agreed and felt that the issue really needs to be done on a neighborhood by neighborhood basis.

Mr. Goddard, Warden Road, again reiterated qualifications and letters of interest be made public.

Ms. Lyons indicated that letters of interest and resumes on file are public record.

Mr. Bingler commented that the Township sealed the deal when it sold the sewer system to Bucks County Water & Sewer Authority, because they are not willing to get federal grants. He said that the residents in Tedwell couldn’t share a line with a commercial entity and that all they can offer is a 6% low interest loan. They are clear about that.

Ms. Lyons indicated that before anything is done, the extent of the problem needs to be identified.

Mr. Bingler commented that the sewer committee had been disbanded years ago, he questioned if the Township still gets money back from DEP. Ms. Mason indicated that under the septage management program funding is still received for the management of the program through DEP.

Ms. Philo questioned Mr. Garton on the billboard ordinance recently adopted and electronic billboards. He believes that it was already addressed in the recent amendment. Ms. Philo also indicated that she was very fortunate to be at the Philadelphia Phillies baseball game when they won the pennant. She was most impressed by the Central Bucks West choral group that sang the Star Spangle Banner. They were truly amazing; it was fabulous to listen to them.

UNFINISHED BUSINESS:  Callan Tract Preliminary Subdivision Update:  Mr. Garton indicated that at the Board’s last meeting the applicant was requested to attend and make a present on why they needed an extension to the end of the year. He also indicated that a letter from Jessica Woll had been received indicating the Mr. Callan was out of the country and would be able to attend the Boards meeting on October 16^th and explain why he needed further extension beyond October 30, 2007.

Ms. Eisenhardt commented that this plan has been under consideration for four years and the applicant has not presented anything new in well over a year. Her recommendation is that the plan be rejected.

Mr. Garton cautioned the Board that the applicant was told that the plan would not be under consideration this evening, however reviewing Ms. Mason’s letter to the applicant’s attorney dated September 20, 2007, it did indicate that the applicant should present a working plan and time table to the Board. Since that was not accomplished, Mr. Garton felt the Board could move forward with rejection if they desire.

On motion of Ms. Eisenhardt, seconded by Ms. Philo, the Board of Supervisors voted to reject the Callan Tract Preliminary Subdivision plan incorporating the reviews from the township planner dated 1/16/07, the township planning engineers review dated 1/15/07 in addition to the unresolved property ownership issues. The motion carried 5 to 0.

NEW BUSINESS:

MSC Properties, LLC (fka: Players Country Bar & Grill) - Zoning):  Mr. Steve Harris, attorney, and Mark Stein, owner of the property, were present. They indicated that they intended to extinguish the non-conforming restaurant and bar use and create a conforming nursery/landscape use through Mr. Stein’s business of Land Tech. The tavern use would be abandoned and the nursery business would begin pursuant to the agreement for the Board’s consideration.

Mr. Harris reviewed the sketch of the site. He indicated where existing parking was and that the existing restaurant would be torn down and that a butler type building for storage of equipment would be installed. The existing non-conforming apartments on the property would remain and continue to be rented. It was indicated that many have noticed the improvements already made to the property. He also indicated that the site would be used for the planting of wetlands planting, which is a unique operation conducted by Mr. Stein. In the future, he indicated that there maybe a sales area for the site, but at present it would not be done.

There was a question regarding the liquor license and indicated that the old owner retained it. Residence question on traffic and everyone indicated that there would be a minimal amount of traffic related to the business compared to the other business.

After further discussion, on motion of Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors approved the agreement with Land Tech Enterprises, MSC Properties extinguishing the non-conforming restaurant bar use for the top rate nursery business. The motion carried 5 to 0.

Klein – Modification of Approval to Permit Deed Restrictions & Covenants Easement Verses HOA Owning Private Street:  Mr. Garton indicated that the applicant is recommending a cross easement to maintain the private road verses a homeowners association for three properties.

Mr. Scarborough questioned the width of the road. Mr. Canales indicated that specification meet the Township’s requirements however, the size is reduced. This would go with the properties in change of ownership.

On motion of Ms. Eisenhardt, second by Ms. Philo, the modification of approval to permit deed restrictions and covenants easement was approved by a vote of 5 to 0.

CB Urology Development Agreement:  On motion of Mr. Scarborough, second by Ms. Eisenhardt the development agreement for Central Bucks Urology was approved by a vote of 5 to 0.

2007/2008 Snow Removal Bid :  On motion of Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors approved the Snow Removal Bids pursuant to Richard Johns memo dated September 28, 2007.  This motion passed by a vote of 5 to 0. The consensus of the Board was that it should not snow this year.

Presentation by Jim Moore, resident 165 Chestnut Valley Drive re: Texas Eastern Pipeline Installation:  Mr. Moore showed pictures to the Board regarding the recent installation of the 36” natural gas pipeline in place of the 20” pipeline that has been there since 1943. He indicated that his neighborhood could be wiped out if the pipeline were blown up by terrorists and that the big orange poles installed to identify the pipeline were a detriment to his property. In addition to the large trees that had been on the property for many years having been removed.

Robert Johnson, from the operations department of Texas Eastern, was present and indicated that in order to operate the pipeline under the Federal regulations per DOT, they were required to have the orange markers installed. They are somewhat taller and are going to be reduced in size. However, they are to remain as a safety precaution for the pipeline.

Mr. Moore indicated that the real issue is that the pipeline should not be there although it has been there since 1943, houses should not be so close to a pipeline, although the houses were built in the 1960 and 1970’s.

Mr. Johnson indicated that at all the crossings it is required to have the pipeline to be identified.

There was some discussion regarding what was in the residents deeds verses the easements and rights for operating a pipeline safely that are required.

There was some concern about the crossings and it was indicated from Mr. Hoza, Texas Eastern, that once all the work has been completed the crossings at the various streets would be reviewed by the Township. However, the pipeline work is all covered under federal regulations and had passed federal review, etc.

Shep Willard, Texas Eastern, indicated that most of the easements date back to 1943 and may be somewhat vague, but the safety precautions under current federal regulations are what the company must follow.  It was recommended that Mr. Moore meet with Texas Eastern privately to discuss any further issues he may be experiencing.

Announcements:

The next meeting of the Board of Supervisors will be held on Tuesday, October 16, 2007. 

The Doylestown Township Administrative Offices will be closed on Monday, October 8, 2007, in observance of Columbus Day

Happ Zoning Hearing has been continued to Thursday, 10/25/07 at 7:30 PM

CB Regional Senior Task Force - SCAMS & FRAUDS – 10/23/07 at 10:30 AM, Doylestown Twp. Administration Bldg.

Adjournment:

There being no further business to come before the regular meeting, the Board of Supervisors meeting adjourned into an Executive Session for personnel matters and Police negotiation updates. At the conclusion of the Executive Session the Board adjourned the meeting at 9:00 PM. On motion of Mr. Scarborough, seconded by Ms. Philo the vote was 5 to 0.

Respectfully submitted by
Stephanie J. Mason