The regular meeting of the Doylestown Township Board of Supervisors was held at 7:00 p.m. on Tuesday, June 5, 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, 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 the meeting would be audio taped by Ms. Eisenhardt. 

Visitors/Public Comment:  Ernie Gash told the Board that the lacrosse league championship games would be held in September in Lehigh County.

The Senior Games have openings for participation in the swimming event to be held at the YMCA on June 6, 2007 and various other events will be held at Central Bucks West starting at 5:00 p.m.

Announcements:

The next meeting of the Board of Supervisors will be held on Tuesday, June 19, 2007. 

The annual golf outing will be held on June 11, 2007 at Pinecrest Golf Club.

Kids Castle 10^th anniversary celebration will be held on June 20, 2007 at 5:30 p.m. at Central Park.  The first concert in the summer concert series will start at 7:00 featuring Cinderella’s Mice.

Minutes Approval:

Board of Supervisors Regular Meeting– May 1, 2007.  Ms. Eisenhardt requested that the words “New Britain Borough” be inserted in the first paragraph on page 1 under “Information” identifying the specific Comprehensive Plan given to the Board for review.

On motion of Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors approved the minutes of the Board of Supervisors regular meeting held May 1, 2007 with the above noted addition.  This motion passed by a vote of 5 to 0.

Presentation: - July 4^th Fireworks:  Frank LaRosa explained that since one of the Summer Concert Series falls on July 4^th the committee thought that fireworks would be a nice added feature.  The cost of fireworks for July 4^th will be $6,000.  He said that he approached Penn Color who committed to $3,000 and Wegmann’s who committed to $3,000.

After discussion, on motion of Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors approved having fireworks on July 4^th after the concert in Central Park.

Mr. LaRosa thanked the Board for its work to get a traffic signal at the Bypass as well as at Doylestown Hospital and commented that these lights make him feel more secure when driving in those areas of the Township. 

Resolutions and Commendations:  None.

Correspondence: 

Traffic Advisory Committee Resignation:  Ms. Mason referred the Board to a letter from Linda Collins resigning from the Traffic Advisory Committee.  The Board accepted Ms. Collins’ resignation with regret.

Transportation & Community Development Initiative Grant Proposals:  Ms. Mason referred the Board to a letter explaining that the two grant proposals submitted by the Township were not selected to be funded.

REPORTS: 

Solicitor:  Zoning and Subdivision Ordinance:  After discussion, on motion of Ms. Philo, seconded by Mr. Scarborough, the Board of Supervisors authorized the advertisement of the Codification of the Zoning and Subdivision Ordinance.  This motion passed by a vote of 5 to 0.

Township Engineer:   No report.

Police Report:  On motion of Ms. Philo, seconded by Mr. Scarborough, the Board of Supervisors approved granting tenure to Officer Justin Notarfrancesco retroactive to May 11, 2007.  This motion passed by a vote of 5 to 0. 

Chief White explained that a kids’ triathlon was held where approximately 200 kids participated in age groups, 12, 13, 14, 15 and 8, 9, 10, 11 and 5, 6.7.  He said this was one of the most rewarding activities the community participates in.

Chief White again reminded the community to lock their cars while in their driveways and elsewhere.

Township Manager:   Texas Eastern Pipeline.  Ms. Mason explained that Texas Eastern expects to start their project on/or around June 11, 2007.

Supervisors:   

Ms. Lyons explained that on May 31, 2007 several members of the Board of Supervisors met with State Representative Margaret Quinn to discuss Township concerns including the drainage issues on Ferry Road, the bridge on Lower State Road and DART as well as EMS taxes, local taxes and the earned income tax.

Ms. Eisenhardt said that she met with Congressman Patrick Murphy on June 1, 2007 concerning the EMS tax among other things.

She said the Board has been invited by one of the venders who attended the recent PSATS convention and a vendor has offered to demonstrate an alternative to blacktop.  The vendor would make a presentation to the Board and the public and then do an actual demonstration on a roadway.  After discussion, the consensus of the Board was that Stephanie contact the vendor and arrange for this demonstration.

Ms Eisenhardt explained that some of the residents from the Estates of Doylestown have been meeting with the Bucks County Conservation District and the Conservation District will apply for a grant to stabilize the creek that runs behind Nicholas Drive, referred to as the “Unnamed Tributary”.  As part of the grant volunteers must be supplied and compensation will be determined at the rate of $18.40 per volunteer x the number of volunteers x the number of hours of volunteer services.  Volunteers will be recruited for this project.  The Girl Scouts have agreed to do some plantings along the creek and in turn will participate in a contest to name the “Unnamed Tributary”.   

Mr. Scarborough thanked Congressman Murphy for his efforts in attempting to solve the financial problems associated with insurance payment for ambulance services being paid directly to the insured rather than the ambulance service.  He noted that 10 legislative bills have been sent to Harrisburg.

He commended the Girl Scouts for their anticipated tree planting efforts at the Unnamed Tributary and looked forward to having them involved.  He commented that 28 trees were planted by the Boy Scouts.

Ms. Philo explained that she recently attended a conference in Allentown and gleaned many ideas which she will pass on to the Board of Supervisors.

PUBLIC HEARING:

Nuisance Ordinance Amendment:  Mr. Scarborough commented that this amendment to the Nuisance Ordinance is the result of residents complaining about all terrain vehicles being used on residential properties and will assist in protecting residents from inconsiderate property owners.

Ms. Philo expressed concern about enacting an Ordinance as a result of a few complaints.  She said she believes this issue is one that should be resolved between neighbors and is concerned about the enforcement issue of the Ordinance. 

Mr. Jeff Summer explained that he lives behind the former Lonsdale property and lived peacefully for 17 years.  He said they never thought they would be negatively impacted by the use of all terrain vehicles on the abutting property but they have been by residents directly behind his property.  He suggested the cut off time for using all terrain vehicles be changed from 8:00 p.m. to 6:00 p.m.  He explained that the residents using the all terrain vehicles have moved thus eliminating the problem but believes this is an Ordinance that the Township needs. 

Mr. Phil Ehlinger explained that he and his sons are avid riders of ATVs and he has ridden all his life.  He asked the Board to reconsider the 50’ provision in the Ordinance so as not to adversely affect residents with small properties.  He explained that the industry trend is to electric ATVs which will be much quieter.  He suggested that the Township cannot legislate against inconsiderate people.  Further he suggested that leaf blowers, older lawn equipment, power tools, etc. also create noise that can be described as a nuisance. He suggested that the Township not be involved with lazy legislation.  Mr. Ehlinger said that he believes if this Ordinance is passed that the right to use his property is being taken from him.

Chief White said that he believes the 50’ restricted area is necessary.

After further discussion, on motion of Mr. Scarborough, seconded by Mr. Berry, the Board of Supervisors adopted Ordinance No. 338, amending the Provisions of Doylestown Township Nuisance Ordinance by Defining all terrain vehicles, dirt bikes and snow mobiles and limiting their operation within fifty feet of any adjoining property.  This motion passed by a vote of 4 to 1, with Ms. Philo voting against.

UNFINISHED BUSINESS:

Klein Major Subdivision – Revised Final Plan   (Location:  Bristol Road):  Mr. Mark G. Hintenlang was present on behalf of the applicant.  The site is known as TMP #9-7-66 and MPT #9-7-65 both having frontage on Bristol Road within the R-1 – Residential District.  The plans propose to combine the two parcels and subdivide them to create three lots consisting of:  Lot 1 – 1.79 acres, Lot 2 – 1.38 acres and Lot 3 – 1.01 acres.  No improvements are proposed for Lot 3.  Access to Lots 1 and 2 will be via a cul-de-sac that will be jointly owned and maintained by the owners of Lots 1 and 2.  Each proposed dwelling is to be served by a private well and an on-lot septic system.  A stormwater management facility is proposed on Lots 1 and 2.

After discussion, on motion of Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors approved the Klein Major Subdivision subject to the following conditions:

 

1.         Continued compliance with the conditions of Preliminary Plan Approval which occurred on December 19, 2006;

2.         The applicant to pay a fee in lieu of waivers in the amount of $6,500 which said payment shall be made to the Township and shall be made contemporaneously with the execution of the Development and Financial Security Agreements;

3.         Receipt of all permits and approvals from any agencies having jurisdiction over such matters;

4.         Compliance with the Boucher & James report dated May 31, 2007;

5.         Compliance with the Pickering, Corts & Summerson report dated May 23, 2007;

6.         Compliance with the Pennoni Associates report dated March 2, 2007;

7.         Compliance with the Environmental Advisory Council Memorandum dated December 14, 2006 except as modified by the Preliminary Plan Approval; and

8.         Funding and execution of the Development and Financial Security Agreements.

Mr. Hintenlang agreed to the above conditions on behalf of the Applicant.

This motion passed by a vote of 5 to 0.

NEW BUSINESS:

Doylestown Township Sewer Project

A discussion was held with regard to the inclusion of certain portions of the proposed sewer project area and the desire not to delay the process.  After discussion, on motion of Mrs. Eisenhardt, seconded by Mr. Berry, the Board of Supervisors approved advertising the Ordinance relating to Study Area I and Study Area II and approved advertising the Ordinance relating to Study area III less the portions marked in yellow.  This motion passed by a vote of 5 to 0.

New Britain Borough Comprehensive Plan:  After review of the plan the Board of Supervisors expressed their agreement with the plan. 

Warwick Township Comprehensive Plan:  After review of the plan the Board of Supervisors expressed their agreement with the plan.

The Board requested that Ms. Mason write to New Britain Borough and Warwick Township expressing the Board’s agreement with their plan.

Billboard Ordinance:  On motion of Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors authorized the advertising of the Billboard Ordinance.  This motion passed by a vote of 5 to 0.

Gribb Tract Approval of Assignment and Release Agreement:  On motion of Mr. Scarborough, seconded by Ms. Eisenhardt, the Board of Supervisors approved execution of the Assignment and Release Agreement for the Gribb Tract.  This motion passed by a vote of 5 to 0.

2007 Pavement Marking Bid:  On motion of Ms. Philo, seconded by Ms. Eisenhardt, the Board of Supervisors approved awarding the 2007 Pavement Marking bid to A-1 Traffic Control Products, LC at the unit costs outlined in a memorandum dated May 9, 2007 from Richard E. John attached hereto as Exhibit “A”.  This motion passed by a vote of 5 to 0. 

2007 Pipe and Inlet Bid:  On motion of Mr. Scarborough, seconded by Ms. Eisenhardt, the Board of Supervisors approved awarding the 2007 Pipe and Inlet Bid to Chemung Supply Corporation, Commonwealth Precast Pipe, Inc., Ferguson Waterworks and Terre Hill Silo Co., Inc. as outlined in a memorandum dated May 9, 2007 from Richard E. John, attached hereto as Exhibit “B”.  This motion passed by a vote of 5 to 0. 

Bucks County CDBG Grant – Accessibility Access Improvements:  On motion of Mr. Scarborough, seconded by Ms. Eisenhardt, the Board of Supervisors authorized execution of the contract for the 2007 Community Development Block Grant accessibility access improvements.  This motion passed by a vote of 5 to 0. 

2007 Oktoberfest Contract Agreements:  On motion of Ms. Eisenhardt, seconded by Ms. Philo, the Board of Supervisors authorized execution of the following contracts relating to 2007 Oktoberfest:

 

Bigg Romeo	$2,800
Puppet Perception (Trucker’s Tales)	$1,200
Stuart Rudnick	$   850
Give & Take Jugglers	$2,350
Daisy Jug Band	$1,200
Classic Harmony	$1,600
Jimmy and the Parrots	$1,000
Special Blendz	$2,300
Brownstone Puppets	$   800
Steve Pullara	$1,600
Eric Mintel	$   600
BAM	$4,000
Mango Men	$1,000

 

This motion passed by a vote of 5 to 0.

Zoning Hearing Board Application – The Thompson Organization, 122 Swamp Road: After discussion, the consensus of the Board was to send no representation from the Board of Supervisors to the Zoning Hearing Board.

Treasurers Report:  On motion of Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors approved the May 15, 2007 and May 19, 2007 Treasurer’s Reports.  This motion passed by a vote of 5 to 0.

Bills List:  On motion of Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors approved the May 15, 2007 Bills List in the amount of $1,017,937.45.  This motion passed by a vote of 5 to 0.

Announcements:

The next meeting of the Board of Supervisors will be held on Tuesday, June 19, 2007.   

The annual golf outing will be held on June 11, 2007 at Pinecrest Golf Club. 

Kids Castle 10^th anniversary celebration will be held on June 20, 2007 at 5:30 p.m. at Central Park.  The first concert in the summer concert series will start at 7:00 featuring Cinderella’s Mice.

Adjournment:

There being no further business to come before the regular meeting, the Board of Supervisors meeting adjourned at 8:25 p.m.