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The regular meeting of the Doylestown Township Board of
Supervisors was held at 7:00 p.m. on Tuesday, December 4, 2007,
at the Doylestown Township Municipal Building, 425 Wells Road,
Doylestown, PA. Members of the Board of Supervisors in
attendance included Barbara Lyons, Chairperson, E. Thomas
Scarborough, Jr., Vice Chairman, Walter C. Berry and Barbara E.
Eisenhardt. Others in attendance included Jeffrey Garton,
Township Solicitor, Chief Stephen White, Police Department,
Mario L. Canales, Township Engineer and Stephanie Mason,
Township Manager.
Absent: Cynthia Philo
Pledge to the Flag: The meeting opened with a
pledge to the flag.
Taping of the Meeting: Ms. Lyons explained that
Ms. Eisenhardt will be taping the meeting.
Announcement: Mr. Garton explained that the Board
of Supervisors met in Executive Session for approximately 30
minutes prior to the meeting to discuss negotiations of the
Police Contract and no action concerning this will be taken at
this meeting.
Public Comment: Mr. Gash told the Board that this
is a wonderful community in which to reside. He explained that
the Coach of the CB West Swim Team, a former graduate of CB
West, won their first Swim Meet.
Joe Patenostro explained that Allied Waste has agreed to credit
some of their customers
for changing a leaf waste collection with trash day and
encouraged other customers throughout the Township to call
Allied Waste for a credit if they were not using the service.
PW&SAC Public Interviews: Ms. Lyons explained
that 24 people have been interviewed who wish to be considered
for positions on the PW&SAC. Two of the applicants, Mr. John
Everett and Mr. Marty Gillen, have requested to be interviewed
at a public meeting.
They were asked the same questions as other candidates.
Mr. Everett explained that he would like to serve on the
committee since attending prior meetings. He is in the affected
area and has an interest. He also stated that he has questions
and concerns about the prior public meeting involving this
subject and does not feel it was handled well. He would like to
see the committee involved in public education. He said he has
a business background and is currently involved as a facility
manager and some of his duties involve problem solving and
ground water issues. He said his work schedule is flexible.
Mr. Gillen explained he would like to serve on the committee
because it involves an important issue for the residents. He
said that he has been involved in the food industry for many
years involved in negotiating contracts and other complex
issues. He said he has a flexible work schedule.
The Board will make a decision concerning the people who will
serve on the committee at its December 18, 2007 meeting and
appointments will be made at the re-organization meeting in
January, 2008.
Announcements The next meeting of the Board of
Supervisors is scheduled for Tuesday, December 18, 2007.
Budget Work Session – November 19, 2007: On
motion of Mr. Scarborough, seconded by Mr. Berry, the Board of
Supervisors approved the minutes of the Budget Work Session held
November 19, 2007. This motion passed by a vote of 4 to 0.
DTMA Board Vacancy: Mr. Berry referred the Board
to a letter from Ron May discussed at the July 17, 2007 Board
meeting requesting that Richard A. Bach be appointed to the
vacancy on the DMTA Board.
Ms. Eisenhardt explained her position that all deliberations for
committee members should be done at a public meeting. This
appointment is an example of prior deliberations by this Board
and she explained that in her opinion this action violates the
Sunshine Act and this is an ongoing problem with this Board.
Mr. Berry explained that at a recent prior meeting the Board
appointed someone under the same scenario.
Ms. Lyons disagreed with Ms Eisenhardt's interpretation of the
Sunshine Act and said that this Board is not going to discuss
people and their qualifications at an open meeting unless the
person involved requests such an interview.
Mr. Garton said it would be a violation of the Sunshine Act if
the Board appointed someone to a Board or Commission in private,
not the deliberations. If the Board votes at a public meeting
appointing a person to a Board or Commission then it is not in
violation of the Sunshine Act.
Ms. Mardi Harrison asked if it would be reasonable to state the
qualifications of the person that is being voted on.
The Board explained that the Authority Chairman and the Board of
Supervisors know the applicants qualifications and all that
information is in the Township files.
Mr. Gillen commented that he applied for this position and was
not interviewed and he agrees with Ms. Eisenhardt that
interviews of this nature should be held at a public meeting.
There was a difference of opinion concerning whether or not Mr.
Gillen was interviewed for this position with no firm conclusion
being reached.
The suggestion was made that this matter be tabled until the
names of the individuals interviewed for this position could be
ascertained the names of the individuals interviewed for this
position.
Mr. Berry commented that this topic was a political football.
After further discussion, on motion of Mr. Berry, seconded by
Mr. Scarborough, the Board of Supervisors appointed Richard A.
Bach to the vacancy on the DTMA Board. This motion passed by a
vote of 3 to 1 with Ms. Eisenhardt voting against.
Resolutions and Commendations: None.
Correspondence: None
REPORTS:
Solicitor: No report.
Police Report: No report.
Township Engineer: No report.
Township Manager. No report.
Supervisors:
Ms.
Eisenhardt stated that at the reorganization meeting each year
the Secretary of the Township is appointed. She asked who
received the minutes that Jean Deckert takes each meeting. Ms.
Lyons said the minutes were forwarded to Ms. Mason. Ms. Mason
said she reviews the minutes and sometimes make minor
corrections, i.e., spelling of names as she is Secretary and
signs the minutes. She explained that Jean Deckert is her
scribe. Ms. Eisenhardt said that there is a substantial amount
of material left out of the minutes when they come to the Board
for approval. She asked that she be sent an "unedited" copy
before they are approved by the Board so she can see what
material is being edited out.
Mr.
Neil Samuels asked for an update concerning televising the
public meetings.
Mr.
Scarborough explained that the Telecommunications Committee is
working on this matter but currently there is no television
channel available. The committee hopes to be able to televise
the meetings in the first quarter of 2008. Additionally he
explained that there is no money in the 2008 budget for this.
Mr.
Samuels explained that at the last meeting Ms. Eisenhardt told
the Board that a municipality in Bucks County may be willing to
offer their old television equipment to Doylestown Township in
that they are in the process of purchasing new equipment. and
she made a motion to televise all meetings, which was voted
down. He suggested that the Township, at the very least, should
accept the donation of free equipment to be used at the time the
infrastructure is in place to televise the meetings.
Mr.
Berry commented that the Board does not know anything about the
equipment or where it is coming from; just that there is some
available.
Ms.
Lyons suggested that the Board refer this matter to the
Telecommunications Committee for review and recommendation. The
next meeting of the Telecommunications Committee is January 7,
2008 unless that date interferes with the reorganization meeting
which date has not yet been set.
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
Land Development Extensions
Gross Tract – Final Subdivision: Location – Old Dublin Pike:
The site consists of Tax Map Parcel Nos. 9-4-38 and 9-9-25 and
contains approximately 13.325 acres fronting on Old Dublin Pike
in the R-2b Residential District. The applicant stated that TMP
No. 9-4-38 and 9-9-25 have been consolidated into one lot. The
plans propose to subdivide the site into 25 lots, utilizing the
B-1 Use. Lot 25 is proposed to include the existing dwelling.
This matter was recorded by a court reporter.
Mr. Garton explained that there were three outstanding items to
be discussed: (1) the realignment of Old Dublin Pike and Sandy
Ridge Road; (2) the amount of contribution the applicant is
willing to make towards the traffic signal; the Declaration to
be executed regarding the maintenance of the basin by the
homeowners.
A lengthy discussion was held regarding the realignment of Old
Dublin Pike and Sandy Ridge Road and the opinion of Mr. Wursta
was that it was necessary for the health, safety and welfare of
the residents. Mr. Wursta explained that the traffic flow will
be better with realignment and Chief White agreed with this
assessment.
Applicant's counsel explained that variances would be required
in order to realign the roads and the Board agreed that they
would support the variances.
The Applicant noted that the Preliminary Plan Approval approved
the plan without the requirement of the realignment of the road.
The board explained that the situation has changed since
Preliminary Plan Approval in that the life estate no longer
exists since the death of the resident and the Applicant now
owns the property without any restrictions concerning
development of the property.
The Applicant reiterated that the current plan meets all the
requirements of the Township’s Ordinances and the road in
question is a PennDot road and if the realignment were to occur
new permits would be required from PennDot with no assurances
that PennDot would issue such permits. Further he said that
they have a current occupancy permit.
Further the Applicant said they should not bear the burden of
the full cost of the installation of a traffic signal.
The Applicant said they have met all conditions of the SALDO and
Township Ordinances.
The Applicant explained that they would lose the ability to
build on two additional lots if the realignment of the road
occurs.
Further he said that the plan being considered is the same plan
approved by the Township in 2004, recommended by the Planning
Commission and the applicant is requesting final approval.
The Board told the Applicant they would grant any waivers
necessary from the Township Ordinances and give the support of
the Board to the Zoning Hearing Board concerning the realignment
of the roads.
The Applicant told the Board that the Board of Supervisors has
no jurisdiction to require the Applicant to realign the roads
and economic hardship will be imposed by the Board on the
Applicant should this be required.
Mr. Garton told the Board that it does not have the right to
force the Applicant to contribute funds towards a traffic light;
however, they can voluntarily make a contribution should they so
desire.
The Board explained to Mr. Everett that if the roads are
realigned, an application for a light must be submitted to
PennDot.
After further discussion, on motion of Mr. Scarborough, seconded
by Ms. Eisenhardt, the Board of Supervisors voted unanimously to
deny the final plan approval. This motion passed by a vote of 4
to 0.
The Board explained further that the reason for the denial stems
from the applicant’s failure to align the new access road with
Sandy Ridge Road so as to create a four-sided intersection. The
issue of aligning the road was first discussed by the Board of
Supervisors during its consideration of the preliminary plan.
The applicant should note in the approval letter sent to you
dated July 26, 2004 that item number 11 confirms that you agreed
to discuss, between now and final plan consideration, the
Pennoni letter dated June 24, 2004, related to the alignment of
the access road to this project with the intersection of Old
Dublin Pike and Sandy Ridge Road. The June 24, 2004 letter,
copy attached, stated at comment number 1, “we recommend that
the new roadway should be located directly across from Sandy
Ridge Road. Proper alignment reduces conflicts and enhances
safety.”
At the time of consideration of preliminary plan approval, the
applicant stated that it could not accommodate that request
because of a life estate granted to an heir who continued to
reside in the house as the issue of the house and relocation of
the road were intertwined. Subsequent to the preliminary plan
approval, the holder life estate has died and thus, the property
is now under the control of the applicant. It is clear that the
issue of realigning the road was preserved from preliminary plan
approval as the conditions of preliminary approval clearly state
so and you approved those conditions on behalf of the applicant.
The Police Chief and the Township’s Traffic Consultant were
clear that realigning the roadway was a health, safety and
welfare issue and the Board of Supervisors concluded that it
agreed with that assessment. In view of the applicant’s refusal
to agree to align its entrance road with Sandy Ridge Road, the
Board of Supervisors denied the final plan. In rejecting the
final plan, the Board of Supervisors stated it would grant any
and all waivers from the Subdivision and Land Development
Ordinance necessary to accommodate the realignment and to the
extent any applications are needed to be made to the Doylestown
Township Zoning Hearing Board for relief, the Board of
Supervisors stated it would support said relief and would advise
the Zoning Hearing Board that it agreed that the Zoning Hearing
Board should grant such relief.
The provisions of Section 153-24A(2) of the Doylestown Township
Subdivision and Land Development Ordinance state as follows:
(a)
Streets shall be arranged in a manner to meet with the
approval of the Board of Supervisors, considered in relation to
both existing and planned streets ….
Thus, the Applicant's refusal to align its access road with
Sandy Ridge Road constitutes a violation of the conditions of
Preliminary Plan approval and violates the provisions of Section
153-24A(2).
Doylestown Hospital Building Expansion – Amended Final Land
Development Plan: Mr. Garton explained that the
Township Planner, Judy Stern Goldstein, was recusing herself
from any discussion of the plan because her firm, Boucher &
James, prepared the plans for this project. Mr. Ernest Werner,
Director of Operations for Doylestown Hospital, Mr. Frank Monti
and Mr. Ronald Jackson from Boucher & James were present to
discuss this plan.
The
Applicant is proposing to construct a three-story addition to
the main Hospital building, a three-story parking garage, a
parking lot adjacent to the parking structure, a new paved
driveway and an above ground detention basin. The first phase
of the hospital expansion will include the first floor and a
shell of the second floor and one half of the garage.
.A
discussion was held concerning the internal circulation on the
property. A traffic signal is proposed to be installed in
conjunction with the development of the Gribb property.
The
Applicant explained that they are trying to make the community
safe and walkable and eliminating the curved roadway would
prevent residents from using the road as a “cut through” road.
The
Applicant explained that the Hospital will be flexible with the
design of the internal roadways should the Board of Supervisors
suggest alternatives.
Mr.
Patenostro said he finds this plan is lacking in the placement
of parking for the community in that most of the parking closest
to the hospital is reserved for doctors.
The
Applicant explained that there are 270 new parking spaces in the
Phase I design and that there are more parking spaces designated
for doctor parking in the garage.
After further discussion, on motion of Mr. Scarborough, seconded
by Ms. Eisenhardt, the Board of Supervisors approved the
Doylestown Expansion subject to the following conditions:
1.
Continued compliance with all prior approvals granted by
the Township to the Hospital in connection with this project and
the prior projects to the extent not modified by the approval ;
2.
Receipt of all permits and approvals from any agencies
having jurisdiction over such matters including, but not limited
to, the
Bucks County Water and Sewer Authority, the
Doylestown Township Municipal Authority, the
Bucks
County Conservation District and PennDot;
3.
Compliance with the Pickering, Corts & Summerson review
letter dated November 8, 2007 as it relates to the planning and
zoning issues;
4.
Compliance with the Pickering, Corts & Summerson letter
dated November 8, 2007 related to engineering issues with the
understanding that the Board of Supervisors agreed to waive the
provisions of Sections 153-20C(10), 153-20D(8) and 153-20E, all
of which sections are delineated in the Pickering, Corts &
Summerson letter dated November 8, 2007;
5.
The Board of Supervisors will accept, without cost, the
additional right of way along Limekiln Road to be 50 feet;
6.
Subject to the agreement of all other utility providers,
the Board of Supervisors has no objection to the grant of
blanket easements for that purpose;
7.
Applicant to install the Heritage Street lights along
the frontage in accordance with the direction received from the
Township Manager;
8.
Signage on site and along Route 202 shall be in
accordance with the direction received from the Township’s
Traffic Consultant, Pennoni & Associates;
9.
A Deed of Consolidation to be recorded contemporaneously
with the recording of the mylars, which said Deed of
Consolidation shall merge the six (6) lots acquired by the
Hospital as part of the Gribb tract into the overall Hospital
site;
10.
The entrance and Route 202 improvements to be in
accordance with the direction and recommendations received from
the Township’s Traffic Consultant as referred to above;
11.
The internal circulation to remain as set forth in the
plan except, however, the Township, at its discretion, may
require the Hospital to change the internal circulation of the
Hospital in accordance with the plan prepared by Pennoni &
Associates which said action shall occur after consultation with
the Hospital;
12.
Satisfactory resolution of the comments set forth in the
Bucks County Planning Commission report November 5, 2007;
13.
Compliance with the Fire Marshall’s letter dated November
11, 2007;
14.
The Hospital to install a ten (10’) foot wide multi-use
path on the eastern side of the property for the purpose of
facilitating pedestrian and other access to the site and if the
Hospital is required to file an application with the Doylestown
Township Zoning Hearing Board in order to do so, the Board of
Supervisors agrees to support the application;
15.
Applicant to pay all expenses incurred by the Township;
and
16.
Funding and execution of Development and Financial
Security Agreements.
The aforementioned conditions were
approved by Ernest Werner on behalf of the Hospital.
This motion passed by a vote of 4 to 0.
Touhill (Landis) Major Subdivision – Preliminary
Subdivision: (Location: Sandy Ridge Road):
Michael Carr, Esquire was present to discuss this project. He
explained that the Applicant is not requesting approval but
would like to discuss the required roadway width within the
project and the need for sidewalks. He said that the Applicant
is proposing 26’ internal streets with curbs and sidewalks and
believes that this width of streets will adequately serve the
proposed community and will minimize the impact of removal of
trees and the amount of impervious surface. He explained that
the existing house will remain and there will be 5 new houses on
the property. Further the Applicant will pay fees in lieu of
the required improvements. The road for the development will be
a private road.
The
consensus of the Board of Supervisors was that they had no
problem with the request for the necessary waivers in order to
accomplish the Applicant’s project as proposed.
Hancock Development Sketch Plan – Proposed Zoning Change
Request: (Location: Route 263 and Route 313):
Michael Carr, Esquire was present to discuss the Hancock
Development Sketch Plan. He explained that the Applicant
desires to change the zoning on this property to C-2. He said
that relief from the Zoning Hearing Board will be necessary
regarding impervious surface. He said the Applicant will
continue to meet with the neighbors surrounding this property
and encouraged their participation in the project.
Mr.
Nick Beecher described the proposal indicating that the project
contains 17 acres and they are proposing a bank, a retail drug
store and a large retail grocery store leased to Genuardi’s and
a coffee shop. There will be no gas station. The buildings’
architecture will be traditional with a lot of landscaping
around the project. The project will be served by public water
and sewer and will allow the neighboring properties to connect
should they so desire. However, they will not be required to
connect. The fee to tap into water will be $1,826 and there
will be no other costs associated with the main line. The
applicant indicated that there will be no recapture on the main
for sewer and water.
It
was explained that the Board of Health will undoubtedly require
residents with failing systems to tap in but if a system is not
failing there would be no requirement to tap in.
The
cost of the traffic signal to be installed will be borne by the
Applicant in its entirety.
Mrs. Debbie Harrison requested that the Applicant consider a
Wawa type store on the premises.
After further discussion of the sketch plan, on motion of Ms.
Eisenhardt, seconded by Mr. Berry, the Board of Supervisors
recommended that the Hancock Development Sketch Plan and the
zoning change request be sent to the Planning Commission for
their review and recommendations to the Board of Supervisors.
This vote passed by a vote of 4 to 0.
Destination Doylestown Phase II: On motion of Ms.
Eisenhardt, seconded by Mr. Berry, the Board of Supervisors
approved Resolution No. 1382 entering into a Transportation
Enhancement Program Federal-Aid Reimbursement Agreement for
Destination Doylestown Phase II project. This motion passed by
a vote of 4 to 0.
DTMA 2008 Budget: Mr. John explained that there will
be no rate increase in 2008. The Board of Supervisors
acknowledged receipt of the DTMA 2008 Budget.
Mr.
Garton noted that a special meeting will be held on December 10,
2007 at 9:00 AM involving a police disciplinary action which may
result in an Executive Session of the Board on December 18, 2007
at 6:30 p.m.
In
response to a question from Mrs. Debbie Harrison, the Board
explained that if the 2008 budget is not approved at the regular
meeting to be held on December 18, 2007, another meeting will be
needed to approve the budget prior to December 31, 2007. Ms.
Harrison suggested that instead of hiring 2 new employees, only
1 employee be hired for the road crew suggesting at this time of
economic downturn it would seem like a smart move. She said she
supports the Board’s decision to interview potential candidates
in private since the residents elect the Board to make decisions
such as this.
Mr.
Garton explained that if the budget must be approved by December
31, 2007 and if adjustments are made to the budget that was hung
in excess of 10% then the budget must be readvertised.
Announcements The next meeting of the Board of
Supervisors is scheduled for Tuesday, December 18, 2007.
Adjournment:
There being no further business to come before the regular
meeting, on motion of Mr. Scarborough, seconded by Ms.
Eisenhardt, the meeting was adjourned at 9:10 p.m.
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Authored by Development Solutions