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The regular meeting of the Doylestown Township Board of
Supervisors was held at 7:00 p.m. on Tuesday, August 21, 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, Lt. Dean Logan, Police Department, 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 will be taping the meeting.
Statement: Mr. Scarborough stated that it is
clear to him that the public sewer project that was presented on
August 7th makes no sense, economically or
environmentally. He said that the presentation at CB South
showed limited and isolated failed septic systems that may or
may not have been repaired. Rather than force 2,000 residents
to pay for a $59 million dollar public sewer project the Board
must explore other options going neighborhood by neighborhood to
solve this problem. He said that many residents have asked how
to maintain their septic systems. He said he believes that
everyone can agree that improper maintenance will shorten the
life expectancy of a septic system. An education plan needs to
be developed so that the residents will know how to properly
maintain their septic systems. The Board must also re-examine
the septic management plan and enforcement of that ordinance
should be a priority. In addition, the Board needs to improve
communication with the Board of Health. Residents have been
referred to the Board of Health by this Board and no report has
come back to the Board from the Board of Health as to the status
of each referral. Also, an expanded Sewer Study Committee has
to re-evaluate the situation in light of the outcome of the
public hearing and report back to the Board of Supervisors.
This must be a high priority for the Township. As liaison to
the Sewer Study Committee since that committee was formed, Ms.
Eisenhardt’s solution to the sewer issue is not viable. In
addition to the serious financial hardship that would be imposed
on many of our residents, Mr. Scarborough said he was concerned
about the effect on the Township’s groundwater supply. He said
he cannot and will not support this project as it has been
presented.
Mr. Scarborough made a motion that this project be voted down
and the Sewer Study Committee be directed to explore other ways
to resolve the limited and isolated failed septic systems. This
motion was seconded by Mr. Berry.
Ms. Philo said that the Ordinance/Project was tabled at the last
meeting so there is no need for the motion.
Ms. Philo made a motion, seconded by Ms. Eisenhardt that the
above motion be tabled. This motion failed by a vote of 2 to 3
with Mr. Berry, Mr. Scarborough and Ms. Lyons voting against.
Mr. Garton clarified that in fact the motion on the proposed
Ordinance was not tabled to a date certain but it must be
re-advertised in order for the Board to revisit this Ordinance.
Ms. Philo said that she believes that before any action can be
taken more information needs to be received from the Board of
Health as previous information was incorrect in that some water
tested by the Board of Health was reported as failing whereas
when the water was tested by an independent company it did not
fail. Therefore the Board of Supervisors must look at the data
again before passing any Ordinances. Additionally, the Board of
Health has not adequately enforced violators. She said she
believes that to proceed with the sewer project is not a viable
option at this time.
Ms. Eisenhardt said that the Board failed to take some strategic
steps in this process. Ms. Eisenhardt made a motion to
reconstitute the Public Water and Sewer Advisory Board to
increase the number of members. This motion failed for a lack
of a second.
Ms. Harrison said she agreed with Mr. Scarborough in that some
residents have repaired their failing systems and that
information has not been communicated to the Board of Health.
Mr. Marty Gillen said that a lot of time has been devoted to
this process in the past several weeks and he said he is
confused with the direction the Board of Supervisors is taking
in that the Public Water & Sewer Advisory Committee says there
are failing systems and yet this Board is recommending
abandoning the project.
Ms. Lyons explained that Ms. Eisenhardt asked that the Ordinance
be advertised because of failed systems but we now know there is
really no such evidence. The Board has only had one meeting and
we came away from that meeting understanding that the public is
generally not in favor of this project. She said this Board is
tired of having this issue “tried in the newspapers”.
Mr. Gillen explained that he learned about this project at the
meeting at CB South with everyone else. He said that while he
has public sewers he is no different than anyone else and he
cares about this project and believes it has been mismanaged
from the beginning.
Comments were made about politics affecting the viewpoint of
some people relative to the need, or lack thereof, of public
sewers.
Mr. Irv Cook asked that politics be kept out of this discussion.
Mr. Nick Scurbella asked if tonight’s discussion was designed to
“kill the Ordinance” and the Board explained that they cannot
vote on this Ordinance unless they authorize it to be
re-advertised.
Mr. Scarborough clarified Mr. Scurbella’s concern stating that
what he would like to see accomplished is a directive from the
Board of Supervisors to the Public Water and Sewer Advisory
Board to study the issue of sewers more fully and recommend a
solution. He said the Board of Supervisors is not turning its
back on the residents but we need a more viable solution to the
problem before going forward.
A resident explained that the geology of the area does not and
will not support septic systems. In 10 years this project will
cost 110 million dollars and more systems will have failed by
then.
Mr. Scarborough responded that if the project were to go forward
today it will be 5 years before sewers would be a reality and
the language of the proposed Ordinance is not correct; therefore
he cannot vote for it at this time.
Mr. David Blois explained that the Public Water and Sewer
Advisory Board presented the data that it had. He said that the
Advisory Board heard the reaction and is taking the comments
seriously and knows the work that now must be done. He said
that the Advisory Board needs specific questions that you want
answered. He agreed that some of the information gathered is
suspect and that the Advisory Board gave the best presentation
it could with the information it had but realizes now that more
information is needed. He also said that the costs for the
project are approximately 43 million dollars and not 59 million
dollars.
Ms. Debbie Lombardo explained that she is from the Pebble Hill
area and she was part of a group that fought against the
Township for 10 years over the two previous sewer projects. She
said that they fought to allow residents with a functioning
on-lot system to forego hook-up until a future date and also
fought for low-pressure sewers, the only affordable option for
all residents. She reiterated that if a resident has a
functioning septic system they do not have to hook up. She
urged residents to educate themselves on the benefits of low
pressure sewers. She said there are some homeowners with
totally failing systems and some that are not failing at all.
She said that we must look after each other.
Ms. Harrison explained that an aging system does not equate to a
failing system. She said that she does not believe there are 75
failing systems in the area but believes there are some systems
that need correction. She commended the Board for the action
they are taking at this meeting.
Ms. Eisenhardt said that with regard to the sewer issue, she
believes as a Board, we have failed to do some critical things
and we should now correct those mistakes.
Ms. Eisenhardt made a motion to give the Public Water and Sewer
Advisory Board specific direction and reduce the scope of work
to a specific area after a complete scientific study of the
proposed sewer area. This motion failed for the lack of a
second.
Ms. Lyons said that this Board appointed Ms. Eisenhardt only as
a liaison and that the Public Water and Sewer Advisory Board
does not need this type of direction.
On motion of Ms. Eisenhardt, seconded by Ms. Philo, the Board of
Supervisors approved appointing additional members to the
Doylestown Public Water and Sewer Advisory Board to ensure
adequate representation of the residents who need public sewers
and residents who do not need public sewers so as to widen the
spectrum of the volunteer committee. This motion passed by a
vote of 5 to 0.
A discussion was held concerning the need to appoint special
counsel to deal with the sewer project issue as there is a
possible perception of conflict due to Mr. Garton’s role as
solicitor to the BCW&SA and solicitor to the Doylestown Board of
Supervisors.
Mr. Garton said he will recuse himself from any Board of
Supervisors dealings with public sewers from this time forward.
Ms. Eisenhardt said that this Board failed to proactively
address the conflict of interest when Carroll Engineering was
appointed to do a feasibility study for the Township even though
they are the engineers of record for BCW&SA.
Ms. Lyons told Ms. Eisenhardt that she and the Doylestown Public
Water and Sewer Advisory Board had this in their control for
over a year and it is a little late in the game to be
challenging this.
Ms. Doris Clegg said that Ms. Eisenhardt was the liaison to the
sewer advisory board and it seems that every time she does not
agree with an engineer’s report she demands another study and
wastes the Township’s resources.
Ms. Lombardo said she agrees with Ms. Eisenhardt in that the
report from Carroll Engineering was not a feasibility study as
there were no comparisons contained in the study.
Ms. Lyons responded that Carroll Engineering responded to the
request made of them, which had a limited scope.
A resident commented that this affects the residents and
requested definitive answers.
Ms. Lyons said she believes the first question that must be
dealt with is to determine the scope of the problem and how to
resolve it.
David Blois asked for more information for the sewer committee
prior to hiring a new engineer as he believes hiring a new
engineer would be premature.
Mr. Joe Paternostro commented that it appears there is no
leadership on the sewer committee and there is total confusion.
He said a new Board liaison must be appointed and it appears to
him that Ms. Philo is objective and would be a good choice. He
also said that political affiliation should not be an issue in
this matter.
Marylou Streznewski asked that the proposed Ordinance be voted
down and that the sewer committee be doubled in size and prior
to any new member being appointed that person should declare
his/her position regarding the sewer project so that there is
equal representation on the Board. She asked that the Board of
Health enforce the current Ordinance by dealing with the current
known failing systems.
Carol Barton said that there is not always a solution for a
failing system.
John Everett said that it has not been determined that public
sewers are needed and he said he does not believe they are
needed. He volunteered to be a part of the sewer study
committee and said he would have no bias.
Marty Gillen said he volunteered to serve on the sewer study
committee over two years ago and said he would like to
re-volunteer. Further, he said that the liaison to a committee
has a duty to direct that committee, to gather information and
to report the facts back to the Board of Supervisors. He said
that the liaison has no authority over the committee.
After discussion, Ms. Eisenhardt made a motion, seconded by Ms.
Philo, that the Board of Supervisors appoint a truly independent
engineering firm to provide unbiased advice to the board. This
motion failed by a vote of 2 to 3 with Mr. Berry, Mr.
Scarborough and Ms. Lyons voting against.
After further discussion, on motion of Ms. Philo, seconded by
Ms. Eisenhardt, the Board of Supervisors stated that no
engineering services will be utilized by the Sewer Committee
without coming back for approval from the Board of Supervisors.
This motion passed by a vote of 5 to 0.
After discussion, on motion of Mr. Scarborough, seconded by Mr.
Berry the Board of Supervisors agreed to declare void the 2,000
home sewer project and recommended the following to the Sewer
Advisory Committee:
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Develop an education program on
how to maintain a septic system;
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Look at the Septic Management
Plan and establish workable enforcement procedures;
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Work with the Board of Health to
make sure that data is complete, i.e., location of failing
system; and
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Explore other viable solutions.
This motion passed by a vote of 5 to 0.
Public Comment:
Nick Scuba commented about the treatment of volunteers serving
on committees.
Joe Paternostro commented that he believes the Solicitor is
doing a good job and said he sees no conflict of interest with
his roles as Solicitor to the Board of Supervisors and the
BCW&SA. He also commended the Board for the handling of the
meeting at CB West on August 7, 2007. He said his only
criticism involves allowing any political issues to be discussed
and he took exception to Ms. Eisenhardt when she asked questions
and interrupted residents while they were asking questions
and/or making comments. Further he commented that the Sewer
Committee leaves a lot to be desired. On August 8th
he contacted a local bank and was told they would consider
offering low cost loans to residents for this project even if
their credit was bad. He said he was able to get more
information in 5 minutes than the Sewer Study Committee had in
their l8 month attempts.
Mr. Dennis McFadden told the Board that he hoped they would
enforce the penalties already allowed for under the terms of the
Sewer Management Program.
Announcements:
The Doylestown Township Administrative offices will be closed on
Monday, September 3, 2007, in observance of Labor Day.
On motion of Mr. Berry, seconded by Mr. Scarborough the Board of
Supervisors approved canceling the September 4, 2007 meeting.
This motion passed by a vote of 5 to 0.
The next meeting of the Board of Supervisors will be held on
Tuesday, September 18, 2007
Minutes Approval:
Board of Supervisors Meeting– July 17, 2007.
The following corrections were requested:
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Ms. Eisenhardt was present.
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On page 4 – 1st
paragraph change the word “award” to “reward”.
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On page 4 – 4th
paragraph change “Senator McIlhenny explained” to “Senator
McIlhenny reported”
On motion of Mr. Scarborough, seconded by Ms. Eisenhardt, the
Board of Supervisors approved the minutes of the Board of
Supervisors regular meeting held July 17, 2007 with the above
noted corrections. This motion passed by a vote of 5 to 0.
Board of Supervisors Public Hearing Meeting– August 7,
2007.
On motion of Mr. Scarborough, seconded by Ms. Eisenhardt, the
Board of Supervisors approved the minutes of the Board of
Supervisors regular meeting held August 7, 2007 with the
following corrections:
On page 1 regarding taping of the minutes add at the end of the
sentence “video taping by Phillyburbs.com”
Add at the bottom on page 13 the following: “Mr. Scarborough
made a motion that the Ordinance be defeated. This motion died
for a lack of a second.”
This motion passed by a vote of 4 to 1 with Ms. Philo voting
against.
Resolutions and Commendations: None.
Correspondence:
Naming a Portion of Trail in Memory of 1st Lt. Manion:
Ms. Mason referred the Board to a letter from Senator McIllhenny
regarding the Manion family’s desire to have a trail named in
memory of 1st Lt. Travis Manion. On motion of Ms.
Philo, seconded by Mr. Scarborough, the Board of Supervisors
approved naming a trail in memory of 1st Lt. Travis
Manion. This motion passed by a vote 5 to 0.
Cedarcrest Court: Mr. Canales explained that when
the plan for the property at 1 Cedarcrest Court owned by Edward
and Mafakla Dennett was approved there was a 20’ drainage
easement located on the east side of the property in which no
plantings or construction to the rear property line is
permitted. However, a planter is located on the easement with a
projection into the easement but it does not impinge on the
inlet. Mr. and Mrs. Dennett asked for a waiver from the Board
and agreed that should the Township need to traverse the
easement they may be required to remove the planter.
After discussion, on motion of Mr. Scarborough, seconded by Ms.
Philo, the Board of Supervisors granted a waiver with respect to
the planter located on the easement on the east side of the
property of Edward and Mafakla Dennett, 1 Cedarcrest Court
provided that they will remove the planter if a need should
arise with all costs to be borne by Mr. and Mrs. Dennett. This
motion passed by a vote of 4 to 0 with Ms. Eisenhardt recusing
herself as she is a neighbor.
REPORTS:
Solicitor: No report.
Police Report: No report.
Township Engineer: No report
Township Manager: No report
Supervisors:
Request for PWSAC Work Session. Ms. Eisenhardt said
she believes that the work session should be scheduled prior to
the scheduled September 20th work session to
interview potential committee members. In light of the
timeframe involved with obtaining applications it was decided
that while the Board would advertise for applicants the process
would not be completed in time for the September 20, 2007 work
session. After further discussion, the Board of Supervisors
agreed to hold the September 20, 2007 work session scheduled to
be held at CB South without the benefit of new members for the
Public Water and Sewer Advisory Board .
After discussion, on motion of Ms. Eisenhardt, seconded by Ms.
Philo, the Board of Supervisors authorized advertising for
volunteers for the Public Water and Sewer Advisory Board with a
September 14, 2007 deadline to receive applications. This
motion passed by a vote of 5 to 0.
UNFINISHED BUSINESS:
None
NEW BUSINESS:
Land Development Extensions
Gross Tract Final Subdivision (Location: Dublin Pike):
On motion of Mr. Scarborough, seconded by Mr. Berry, the Board
of Supervisors approved the Gross Tract Final Subdivision land
development plan review extension to September 30, 2007. This
motion passed by a vote of 5 to 0.
PA Council on the Arts – Grant Application:
Ms. Mason directed the Board of Supervisors to a memorandum
concerning the Pennsylvania Council on the Arts Interim Local
Government Grant and thanked Marty Harris and the members of the
committee for their work on the summer concert series which was
very well attended. On motion of Ms. Eisenhardt, seconded by
Mr. Scarborough, the Board of Supervisors approved the execution
of the PA Council on the Arts – Grant Application. This motion
passed by a vote of 5 to 0.
Community Service and Veteran’s Memorial – State Grant
Contract: On motion of Ms. Philo, seconded by Mr. Scarborough, the Board of
Supervisors approved the execution of the Community Service and
Veteran’s Memorial – State Grant Contract. This motion passed
by a vote of 5 to 0.
2009 Transportation Improvement Program:
A discussion was held concerning whether to keep the Edison
Village Access Road on the list of TIP projects for 2009. On
motion of Mr. Scarborough, seconded by Ms. Philo, The Board of
Supervisors unanimously authorized the removal of the
Edison Village project and to
keep the other projects on the list of TIP projects for 2007.
Treasurers Report: On motion of Mr. Scarborough,
seconded by Mr. Berry, the Board of Supervisors approved the
August 21, 2007 Treasurer’s Report. This motion passed by a
vote of 5 to 0.
Bills List: On motion of Mr. Scarborough,
seconded by Mr. Berry, the Board of Supervisors approved the
August 21, 2007 Bills List in the amount of $543,846.27. This
motion passed by a vote of 5 to 0.
Announcements:
The Doylestown Township Administrative offices will be closed on
Monday, September 3, 2007, in observance of Labor Day.
The next meeting of the Board of Supervisors will be held on
Tuesday, September 18, 2007
Adjournment:
There being no further business to come before the regular
meeting, the Board of Supervisors meeting adjourned at 8:35 p.m.
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