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Bucks County, Pennsylvania

 
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Minutes from

February 6, 2007

Board of Supervisors Meeting

 

The regular meeting of the Doylestown Township Board of Supervisors was held at 7:00 p.m. on Tuesday, February 6, 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 Chairperson, 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.

Audio Taping of Meeting:  Ms. Lyons announced that Ms. Eisenhardt would be audio taping the meeting.

Visitors/Public Comment:  Mr. Ernie Gash asked permission to place three handouts on the table at the back of the meeting room at each meeting relating to information for senior citizens generated as a result of his involvement on the Summit on the Aging.  The Board granted his request.

Announcements:
The next meeting of the Board of Supervisors meeting will be held on Tuesday, February 20, 2007. 

The Administration Offices will be closed on Monday, February 19, 2007, due to President’s Day.

There will be a public hearing on the Route 202 Parkway on February 28, 2007, at Lenape Middle School at 5:30 p.m.

Minutes Approval:
Board of Supervisors Regular Meeting– January 16, 2007.   Ms. Eisenhardt requested that the sentence in the 8th paragraph on page 4 be changed to read as follows:   “After further discussion, the consensus of the Board was to publish the newsletter only in the spring of 2007 with advertisements and use that publication as a trial balloon.”  Additionally she requested that the first paragraph on page 6 reflect that Mr. Scarborough seconded the motion.

On motion of Mr. Scarborough, seconded by Ms. Eisenhardt, the Board of Supervisors unanimously approved the minutes of the Board of Supervisors regular meeting held January 16, 2007 with the above noted corrections.

Resolutions and Commendations:  None.

Correspondence:  None.

REPORTS: 

Solicitor:  Mr. Garton referred the Board to a memorandum from Judith Stern Goldstein concerning the recommendation from the Planning Commission that the a new preface be added to the current Comprehensive Plan and noting additional planning studies, reports and documents be included.  A discussion was held concerning whether certain projects should be included because they were still in the process of being completed.  After discussion it was the consensus of the Board to eliminate the Joint Park, Recreation and Open Space Plan of Doylestown Township and Doylestown Borough 2007 because this project was still pending.

After further discussion, on motion of Mr. Scarborough, seconded by Mr. Berry, the Board of Supervisors authorized Mr. Garton to prepare an advertisement for consideration of the Comprehensive Plan at a public meeting and to eliminate the Joint Park, Recreation and Open Space Plan of Doylestown Township and Doylestown Borough 2007 from the list of projects.  This motion passed by a vote of 4 to 1 with Ms. Eisenhardt voting against.

Township Engineer:   No report.

Police Report:  No report.

Township Manager:  

Noise Regulations – ATV’s, Dirt Bikes and Snowmobiles:  Ms. Mason explained that the Planning Commission reviewed the issue of amending the Nuisance Ordinance definitions to add all terrain vehicles as well as dirt bikes and snow mobiles.

Ms. Philo expressed concern about the Township regulating ATV’s, Dirt Bikes and Snowmobiles when it is not prepared to regulate accessory uses.  She said she is uncomfortable regulating residents’ use of their property even though she knows they are noisy and can negatively affect the neighbors.

After further discussion, on motion of Mr. Scarborough, seconded by Mr. Berry, the Board of Supervisors authorized the Nuisance Ordinance Amendment to be advertised.  This motion passed by a vote of 3 to 2 with Ms. Philo and Ms. Eisenhardt voting against.

Accessory Uses and Structures:  Ms. Mason explained that the Planning Commission does not recommend regulating the number of uses permitted per lot. 

Mr. Ron Lovingarth read the definition of a dangerous structure from the Township’s Ordinances and expressed his concern that if such a dangerous structure is allowed in the Township that the Township would be liable should an injury result and the residents would end up paying higher taxes as a result.  In response to his question if the Township had inspected the tree house on the Tripodi property, Ms. Mason said it has not been inspected as it does not fall within any guidelines for inspection. 

After further discussion the consensus of the Board was to follow the Planning Commission recommendation with Ms. Eisenhardt and Ms. Philo being opposed.

2007 Boards/Commissions Openings – Dates for Interviews:  Ms. Mason referred the Board to a list of applicants for various boards and commissions.  The consensus of the Board was to not interview the Plumstead Township resident.  After discussion, the Board decided to hold interviews for the Ways and Means Committee on Tuesday, February 13, 2007 at 4:00 p.m. and Friday, February 16, 2007 at 4:00 p.m. and any applicant who cannot meet on either of those days will be interviewed either before or after the February 20, 2007 Board of Supervisors meeting. As for those interested in serving on other Boards and Commissions, another date would be selected.

Supervisors:   
Ms. Eisenhardt explained that parking on Election Day at the Senior Citizen Center is a problem because of a pre-scheduled event at the Intermediate Unit and people use the Senior Citizen Center for overflow parking.  Unfortunately, even if a notice is sent that participants from the IU should not park at the Senior Citizen Center there is no one from the IU to monitor the parking.  After discussion, the Board requested that a letter be sent to the IU explaining that no one from their event should park at the Senior Citizen Center on either primary election day or general election day. Chief White suggested that the IU have people direction cars to other locations.

Ms. Philo thanked the Township Road Crew for their work.  She explained that she spent a day with the Road Crew and saw first hand what they do.

Ms. Philo explained that the week of February 5th was designated as “National Engineer Week” and recognized Mario Canales, Township Engineer as well as the other engineers present.

 NEW BUSINESS:
Doylestown Community Bike and Hike Trail Extension – Contractor Bid:   Ms. Mason explained that the low bidder was not qualified with respect to PennDOT requirements and therefore it is the recommendation of the consultant that the Township accept the second bid of $196,100.58. After discussion, on motion of Mr. Berry, seconded by Mr. Scarborough, the Board of Supervisors approved accepting the bid for the Shady Retreat Trail project in the amount of $196,100.58.  This motion passed by a vote of 5 to 0.

Cedarcrest Farms (Burke’s Circle) – Deed of Dedication:  On motion of Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors tabled this matter.

Exonerate Tax Collector:  Mr. Scarborough recused himself from participating in the discussion and vote.  Mr. Garton explained that after the end of the calendar year the Tax Collector has no further authority to collect taxes that have not been paid and the matter is then forwarded to the Bucks County Tax Claim Bureau for collection.  After discussion, on motion of Mr. Berry, seconded by Ms. Philo, the Board of Supervisors approved exonerating the tax collector in the amount of $17,055.71.  This motion passed by a vote of 4 to 0, with Mr. Scarborough abstaining.

2007 Trash Hauler Permits:  On motion of Ms. Eisenhardt, seconded by Ms. Philo, the Board of Supervisors approved granting permits to the following trash haulers:  Allied Waste, Gorski Trash Removal, George Leck & Sons, JP Mascaro & Sons, Ches-Mont, Tinari Container (for construction and demolition material only) and Waste Management.  This motion passed by a vote of 5 to 0.

LAND DEVELOPMENTS

Blueberry Hill/Barn Plaza Preliminary and Final Land Development Plan:  (Location:  Route 611 and Almshouse Road, TMP #9-014-037): This site is located on the northeast corner of Route 611 and Almshouse Road intersection adjacent to the Barn Plaza Shopping center.  The proposed development will consist of 38,029 square feet of retail space.  The retail space will consist of a 6,610 square foot sit down restaurant, a 4,214 square foot bank with a drive-thru and the balance being general retail store space.

A discussion was held regarding the Traffic Engineer’s recommendation that due to the impact of the proposed project it is recommended that the applicant lengthen the southbound left-turn lane from Route 611 to Almshouse Road and evaluate the operation of the signalized intersections within the project limits.  It was suggested that the applicant make a contribution towards this improvement as there will be increased traffic generated as a result of this project.  Mr. Wursta explained that this particular area of the Township is susceptible to electrical storms and that plays havoc with the closed loop system.  He estimated that 30,000 cars per day use this stretch of Route 611.

Mr. Joe Salvadi suggested that the signals be programmed to stay green longer on Route 611 and Mr. Wursta explained that this has been tried but because of the cars stacking up for left turn lanes it is not workable.

Ms. Amy Kominski commented that the applicant chose the location of the driveway into the property when it could have been located elsewhere on the property.

Mr. Mike McClusky noted that there is pedestrian traffic at that intersection including people using motorized wheelchairs.

Mr. Tom Deignan explained to the Board that this project has taken longer than he anticipated and the costs associated have placed a burden on him and requested relief from contributing to this improvement because of the economic hardship and the possible jeopardizing of the project.  He also commented that he believes he has agreed to a number of the public improvements requested by the Township, specifically the issue of sidewalks along Route 611 and into the Kohl’s site.

The Board thanked Mr. Deignan for restoring this property and for the remarkable improvement it will be to the community and explained that they wanted this project to succeed.

After further discussion surrounding this issue, on motion of Mr. Scarborough, seconded by Ms. Eisenhardt, the Board of Supervisors approved the Blueberry Hill/Barn Plaza Preliminary and Final Land Development Plan subject to the following conditions to which the applicant agreed by a vote of 5 to 0:

1.         Continued compliance with the Zoning Hearing Board Decisions rendered on 6/19/06 and 12/29/06;

2.         Compliance with the Boucher & James Report dated 1/26/07 except the Board of Supervisors granted waivers from the provisions of Section 153-24 C.2, Section 153-35, Section 153-34 B.3.a, Section 153-34 B.3.b, Section 153-34 C-2 and Section 153-36 C.1.6 of the Subdivision/Land Development Ordinance as described in the Boucher & James;

3.         The existing building to be preserved in accordance with the photographs submitted by the applicant and the new buildings shall be constructed in a manner so as to match the elevations and architectural also submitted by the applicant;

4.         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, Doylestown Township Municipal Authority, PennDot and the Bucks County Conservation District.

5.         Compliance with the Pickering, Corts & Summerson letter dated 12/28/06 with the grant of the following waivers from the provisions of the SALDO:  Section 153-20-C (10), Section 153-75, Section 153-24 A(5), Section 153-28 H, and Section 153-39 C.5 as noted in the Pickering, Corts & Summerson letter;

6.         All improvements, including the storm drainage system, shall be maintained by the applicant;

7.         Execution and recording of the Easement Agreement between Blueberry Hill and the owners of the Kohl’s Barn Plaza property with the understanding that the recording shall include the required consent of the tenants as described in the various Lease Agreements between the owners of the Kohl’s Barn Plaza Shopping Center and various tenants;

8.         Compliance with the EAC Report dated 11/15/06;

9.         Compliance with the Bucks County Planning Commission Report dated 6/26/06 to the extent not previously resolved;

10.       Compliance with the Pennoni Report dated 1/4/07 with the understanding that the width of the lanes for the bank drive-thru have been resolved so as to be 12 feet wide;

11.       Funding and execution of Development and Financial Security Agreements with the understanding that the applicant shall reimburse the Township for all of its expenses including legal and engineering fees;

12.        Approval of and compliance with the conditions of approval related to Kohl’s Barn Plaza Amended Final Plan; and

13.        Applicant to make a contribution of $20,000 in lieu of extending the left turn lane on Easton Road as referenced in the Pennoni Report with the understanding that the $20,000 shall be paid in yearly increments with the first payment of $5,000 being due when the first building within the project is occupied.  The remaining $5,000 payments shall be made annually thereafter.

Barn Plaza – Kohl’s Amended Final Plan: (Location:  Route 611 and Almshouse Road)  The Amended Final Land Development Plan for the above referenced project, which said plan was prepared by Bohler Engineering, was dated 7/19/06 and was last revised 1/23/07.   The amendments relate to the certain elements of the Kohl’s Barn Plaza Plan as it affects the development of the Blueberry Hill project.   On motion of Mr. Scarborough, seconded by Ms. Philo, the Board approved the Barn Plaza – Kohl’s Amended Final Plan subject to the following conditions to which the applicant agreed by a motion of 5 to 0:

 

1.         Compliance with the Zoning Hearing Board Decisions rendered on 6/19/06 and 12/29/06 as applicable;

2.          Compliance with the Boucher & James Report dated 1/26/07 with the grant of waivers from the provisions of Section 153-34.C.1 and 153-34.C.2 of the Subdivision/Land Development Ordinance as noted in the Boucher & James Report;

3.         Compliance with the Pickering, Corts & Summerson letter dated 12/28/06;

4.         Funding and execution of Development and Financial Security Agreements;

5.         Reimbursement to the Township of all of its expenses incurred with respect to the application including engineering and attorney’s fees; and

6.         Approval of the Blueberry Hill Preliminary/Final Plan and compliance with any conditions by the applicant.

 

PRESENTATIONS:

Bike and Hike Committee.  Ms. Lynn Goldman thanked the Board of Supervisors for their support.  She explained that work will begin in the spring of 2007 on the Shady Retreat portion of the Bike and Hike Path to the Senior Center and the next stage will be the portion on Shady Retreat near the trailer park to connect with Del Val College.  She said that the Committee has an excellent relationship with the Borough which has helped in the construction of the Bike and Hike Path.

Doylestown Community Performing Arts Council.  Vicki Barilla explained that there will be 8 concerts this year; 4 in the Borough and 4 in the Township.  She thanked the Parks Department and the Township staff for their help with respect to these concerts.

Environmental Advisory Council.  Mr. Rick Gaver addressed the Board and explained that the committee sponsored Arbor Day on April 22, 2006;  received a $30,000 grant which was used for training teachers how to present environmental issues to students at seminars during July and August; participated in stormwater management including stenciling stormwater inlets to indicate that only stormwater may be deposited; developed standards for developers to conform to stormwater standards; distributed environmental information including septage management updates, tree care, stormwater management, recycling information, household hazardous waste information, benefits of yard waste burning ban, preserving open space, mosquito prevention, Christmas tree drop off;  we were a guest speaker and made a presentation regarding the importance of implementing a Septage Management program; participated at Great Pennsylvania Clean Up Day on May 22nd; arranged for two public meetings with guest speakers with regard to Stormwater Management Seminars; participated in an anti littering campaign; drafted a resolution proposing reduction of fossil fuel use by 20% by 2020 and participated in requiring all residential trash haulers to administer a leaf collection program.

Historical Architectural Review Board:  Dori Vicente explained during 2006 there were no reviews required and that this board meets on an “as needed” basis.

Memorial Committee:  Harrison Woodruff explained that the committee has raised over $100,000 for the memorial and will need to raise another $54,000 to complete the project.  He told the Board that there is an application for a grant pending; pavers and bricks for sale and $5,000 was received from the BCW&SA. 

Municipal Authority:  Ronald May explained that there are currently 2,500 customers as well as 1,500 bulk water customers.  The Authority installed the pipe itself to provide customers on Willow Lane with water.  Additionally, they redid the central booster tank by K-Mart to provide fire protection.  He said that the Authority is looking forward to extending water service across Route 611.  He said that the Authority is waiting to extend water service on Ferry Road into Plumstead Township.  He explained that there is not a final agreement executed to sell water to Plumstead Township.  Additionally he explained that there are currently 3 people on the Committee and they would like to have at least two additional members. Mrs. Eisenhardt commented that she’d like to know when Plumstead approved the authority to finalize the agreement and the sale of water.

Oktoberfest Committee:  Frank LaRosa told the Board that in 2005 Oktoberfest raised $14,000.  In 2006 because of the poor weather there was a loss of $6,600.  He suggested that the Committee needs to be more prudent in how the money is disbursed and some money must be banked as a cushion for years where the weather affects attendance.  He said that Oktoberfest will be held in 2007 and there will again be fire works which is a huge crowd pleaser.

Open Space Committee:  Joshua Feldstein addressed the Board explained that the County has allocated $500,685 to preserve open space. The Township spent that money and preserved four (4) properties under the program. He said that the Committee has approached 11 property owners urging them to participate in the open space program but most did not wish to participate.  One of the goals of the committee is to preserve open space without costing the Township money.  Over the years the Township has preserved 739 acres of open space which equals 1.15 square miles.  He told the Board that the County will have another bond issue in the future and the guidelines for this bond issue will be less stringent.

Park and Recreation Board:  Kathy Brown explained that the Park and Recreation Board has been working on a joint comprehensive plan with Doylestown Borough and Township.  She explained that the “red building” is now updated and used as an activity center and expressed appreciation for the Township’s Park and Recreation Department in all they do for the community.

Planning Commission:  George Lowenstein explained that among other things the following are matters that the Planning Commission worked on in the past year:

  • Infill development continued to grow as predicted
  • Stormwater management remained the major development issue
  • Reviewed the Comprehensive Plan
  • Significant progress has been accomplished in enhancing the viability of Edison Village and the southern 611 corridor

Public Water & Sewer Advisory Committee:  David Blois explained that the Committee has worked on septic management, stormwater runoff, a feasibility study for areas of the Township which need sewers and received information from residents concerning onsite septic systems among other things.  Additionally he discussed the fly over of the Township which will be done before spring while the trees are bare.  He said that in 2007 the Committee will be looking at financing so as to minimize the expense that the homeowners will face regarding sewers.

On motion of Mr. Scarborough, seconded by Ms. Eisenhardt, the Board of Supervisors approved reimbursing BCW&SA for the cost of the aerial photo for the project (if no other aerial photo is available from any other source) if the project does not go forward. This motion passed by a vote of 5 to 0. However the Board asked BCW&SA to fly the township.

TAB:  Stuart Simon addressed the Board and explained that the objectives of the committee are to improve the broadcast quality of the Doylestown Government Access Channel (Channel 22 on the Comcast System); enable or enhance current broadcast capabilities; build on existing system and capabilities and not have any additional cost involved.

A presentation was made by TVTN which would provide a Doylestown Township channel the cost of which would be paid by PBS type endorsements.  The way it works is that TVTN gets sponsors and the advertisements run approximately 90 seconds every 45 minutes.  These announcements are regulated and are stricter than PBS rules and the Township maintains veto power over any sponsors. This is provided at no cost to the Township.  After a two year contract the Township has two options:

  • If there is sufficient sponsorship – continue the contract at no cost to the Township
  • If sponsorship is insufficient the Township can cancel or pay the balance between the sponsors and the cost.

After discussion Mr. Scarborough made a motion that the Township enter into a contract for two years which would result in no cost to the Township.  This motion died for the lack of a second.

After further discussion, the consensus of the Board was to look further at this proposal before making a commitment.

Summit on Aging:  Mr. Rick Gaver explained that the public meetings are held the 1st Friday of each month at 8:30 a.m. in the Township building.  He said that information is provided to seniors via the newsletter, web site, channel 22 as well as a rack of information in the Township Building.  He said that the Central Bucks Regional Senior Task Force has been formed which comprises 9 municipalities and together they have presented a Medicare –Part D program, Senior Seminar featuring information by the Bucks County Area on Aging; provided non-partisan information at polls on election day; distributed information to the 55+ communities, among other activities.  In 2007 the group will participate in Primary Election Day coverage, request that the County provide hand out material with important phone numbers, pamphlets, etc; participate in a drug interaction program to be put on by Doylestown Hospital along with blood pressure tests, blood sugar test, etc.; provide information on transportation options for seniors and contact area churches to partner with them and determine how they can compliment each other with the various programs.

Traffic Advisory:  Amy Kaminski explained that this committee responds to complaints and makes recommendations to the Planning Commission and the Board of Supervisors.  She said that the committee will be studying the Easton Road corridor and classifying roadways and bike lanes within the Township.

Zoning Hearing Board:  Drew McPherson explained that the Zoning Hearing Board is a quasi judicial body.  He said that the Board enjoyed the Inn at Blueberry Hill hearings which were intense.  He clarified that the Zoning Hearing Board did not make a decision concerning the implementation of the billboard on Route 611.  He requested the Board of Supervisors to be represented at the Zoning Hearing Board if there is an application on which they have an opinion.  He said the Zoning Hearing Board welcomed the opinions from the Board of Supervisors.

 On behalf of the Board of Supervisors, Ms. Lyons thanked all the Boards and Commissions for their volunteerism and the good work that they did on behalf of the Township.

Announcements:
The next meeting of the Board of Supervisors meeting will be held on Tuesday, February 20, 2007. 

The Administration Offices will be closed on Monday, February 19, 2007, due to President’s Day.

There will be a public hearing on the Route 202 Parkway on February 28, 2007, at Lenape Middle School at 5:30 p.m.

Adjournment:
There being no further business to come before the regular meeting, the Board of Supervisors meeting adjourned at 9:45 p.m.

Respectfully submitted by
Stephanie J. Mason

Board of Supervisors
Boards and Commissions
 

 

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