Regular Meeting

The regular meeting of the Doylestown Township Board of Supervisors was held at 7:00 p.m. on Tuesday, September 19, 2006, at the Doylestown Township Municipal Building, 425 Wells Road, Doylestown, PA.  Members of the Board of Supervisors in attendance included Walter C. Berry, Chairman, E. Thomas Scarborough, Jr., Vice Chairman, Barbara Eisenhardt, Barbara Lyons 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.

 Visitors/Public Comment:  Charlene Godown addressed the Board with her concerns about trespassers on her property and asked what could be done about this problem.  Additionally, she explained that recently there have been robberies in her area.  Chief White explained that the police should be notified when there are trespassers on her property and they will issue a citation.  Additionally, if an individual automobile license plate number is obtained the police will issue a warning to the owner of the vehicle.

 Announcements:

 The Doylestown Township 2007 work session will be held on Wednesday, September 20, 2006 at 9:00 a.m.

 The next meeting of the Board of Supervisors will be held on Wednesday, October 3, 2006.

 The 13^th Annual Doylestown Oktoberfest will be held on:

 Friday, September 29, 2006    6:00 pm – 10: 00 pm

Saturday, September 30, 2006 12:00 pm – 10:00 pm

Sunday, October 1, 2006                     12:00 pm – 6:00 pm

 Minutes Approval:

 Board of Supervisors Meeting– August 15, 2006.   Ms. Eisenhardt requested that on page 2 and on page 7 under Announcements that the words “work shop” used in connection with the budget meeting be changed to “work session”.  On motion of Mr. Scarborough, seconded by Ms. Lyons, the Board of Supervisors unanimously approved the minutes of the August 15, 2006 meeting with the above noted changes.

 Resolutions and Commendations:  None.

Correspondence:  

Resignation of Anna Marie Walsh:  Ms. Mason referred the Board to a letter from Anna Marie Walsh who is resigning from the Board of Auditors effective August 30, 2006.  Ms. Mason also explained that an advertisement requesting applications from interested residents to serve on the Board of Auditors was run on Thursday, September 7, 2006 and Sunday, September 10, 2006.

A discussion was held concerning the best time to schedule a time for interviews for prospective persons to serve on the Board of Auditors.  After discussion, the Board set September 26, 2006 at 4:00 p.m. and September 29, 2006 at 8:30 a.m. as the times to conduct interviews.

On motion of Mr. Scarborough, seconded by Ms. Lyons, the Board of Supervisors accepted the resignation of Anna Marie Walsh from the Board of Auditors with regret.

The Board of Supervisors set September 29, 2006 at 9:00 a.m. for a special meeting to make an appointment to the Doylestown Township Board of Auditors.

WORK SESSION: 

Solicitor:  Mr. Garton explained that the Board met in Executive Session for approximately 40 minutes prior to the regular meeting to discuss a matter of litigation as well as a labor relations issue involving the police department and that no action would be taken concerning these issues at this meeting.

Township Engineer:   No report.

Police Report:  No report.

Township Manager:  

Texas Eastern Pipeline Status Report:  Ms. Mason explained that representatives from the Texas Eastern Pipeline and Township personnel toured the location in the Township where the expanded pipe will be placed.  She said that EPA will be involved in the process and that Texas Eastern will meet with property owners who will be affected by this project within the next few months.

 Dr. West explained that Duke Energy is planning to sell Texas Eastern by the end of 2006.  He expressed concern about how any agreement made with Texas Eastern with the property owners will be honored by another energy company.

 Mr. Garton explained that if Texas Eastern is purchased as a separate legal entity by Duke Energy then all corporate obligations of Texas Eastern will be transferred to the new owner.  However, if it is an asset purchase then the obligations would not necessarily be transferred. He said the only leverage the property owners would have would be to be a nuisance and/or commence litigation to protect their rights.

 Estates of Doylestown Status Report:  Ms. Mason explained that several Board members together with residents of the Estates of Doylestown and representatives of DEP looked at the area involving the change in the width of the creek.  DEP is working on a report assessing the situation and plans to meet with the residents in the next few months.  CKS Engineers, Warrington Township’s engineer, is scheduled to look at the basins in the area.  The Board would like to meet with the Warrington Township Board of Supervisors to review DEP’s report.

 Eugene Ott thanked the Board for the site visit and for meeting with the residents in an attempt to resolve this issue.

 Supervisors:   

 Mr. Berry explained that PennDOT will hold an open house at Central Bucks South High School, 1100 Folly Road, Warrington, from 5:00 pm to 9:00 pm on Thursday, September 28, 2006 to display plans and update citizens on the proposed Route 202 improvements.  He said that there will be several presentations so it would not be necessary to be present for the entire open house in order to learn about the proposed improvements.

 Ms. Lyons reminded the residents that there are posters advertising Oktoberfest in the Township office and encouraged residents to take some and hang them in prominent places throughout the Township.

 Mr. Scarborough explained that the voting districts have been officially split and that District No. 1 (east of Wells Road) will vote at the municipal building and District No. 8 (west of Wells Road) will vote at the Red Building.

 Ms. Eisenhardt suggested that the Board consider using people from the corrections facility to perform work for the Township thus saving the Township tax dollars.

 PUBLIC HEARING: 

 Proposed Ordinance – Verizon Cable:   After discussion, on motion of Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors unanimously approved Ordinance No. 333 granting to Verizon Pennsylvania, Inc. a non-exclusive franchise to provide cable TV within Doylestown Township.

 The Board enthusiastically welcomed Verizon to the Township which will provide competition within the Township and expressed appreciation for the educational channels that will be available to the residents.

 UNFINISHED BUSINESS:  None.

 NEW BUSINESS:

 Land Developments – Review Extension

 Callan Tract  Preliminary Major Subdivision – Plan Review Extension:  (Location:  Warden Road)  A discussion was held concerning the number of extensions granted to this applicant and the policy associated with granting or denying extensions.  It was noted that this application was discussed with the Planning Commission and the problems associated with the plan.  The Planning Commission recommended that the disposition of this matter be left to the discretion of the Board of Supervisors. 

 Mr. Garton explained that he believes the applicant should be given the right to appear before the Board of Supervisors prior to any agreement not to grant an extension.

 After further discussion, on motion of Ms. Eisenhardt, seconded by Ms. Lyons, the Board of Supervisors unanimously granted a 30 day extension for plan review of the Callan Tract Subdivision.

 Blue Berry Hill Preliminary Plan Review Extension:  (Location: Route 611/Almshouse Road)   On motion of Ms. Eisenhardt, seconded by Ms. Lyons, the Board of Supervisors granted an extension of plan review for the Blue Berry Hill Preliminary Plan until December 31, 2006. 

 Klein Minor Subdivision Final Plan Review Extension:  (Location: Bristol Road)  On motion of Ms. Eisenhardt, seconded by Ms. Lyons, the Board of Supervisors granted an extension of plan review for the Klein Minor Subdivision Final Plan until December 23, 2006. 

 Neamand Tract Preliminary Major Subdivision Plan Review Extension:  (Location: Lower State Road)  On motion of Ms. Eisenhardt, seconded by Ms. Lyons, the Board of Supervisors granted an extension of plan review for the Neamand Tract Preliminary Major Subdivision Final Plan until December 26, 2006.

 Land Development:

 Pine Run Community Preliminary Land Development:  (Location:  777 Ferry Road)  The project site is within the CR Commercial Retirement Zoning District and is located in the existing Pine Run Retirement Community on Ferry Road.  The applicant is proposing to demolish three residential buildings and construct a new building at the same location.

 After discussion, on motion of Ms. Eisenhardt, seconded by Ms. Lyons, the Board of Supervisors approved the Pine Run Community Preliminary Land Development Plan subject to the following conditions to which the applicant agreed:

 

1. Receipt of all permits and approvals from any agency having jurisdiction over such matters including the Bucks County Conservation District, etc.;
2. Compliance with the Pickering , Corts & Summerson report dated August 14, 2006 ;
3. The Board of Supervisors granted the following waivers:

a.         From the provisions of §153-20 E so as not to require a traffic study;

b.         From the provisions of §153-25 A (1) so as to not require sidewalks on  both sides of the street;

c.         From the provisions of §153-25 C so as to not require a bike and hike path; and

d.         From the provisions of §153-26 A (1) so as to not require curbs along all streets including the private streets.

4. Compliance with the Boucher & James report dated 8/23/06 ;

1. The impervious surface ratio shall not be increased as a result of this project;

5. The Township will accept dedication of the ultimate right of way as noted in the Pickering, Corts & Summerson report referred to above; and
6. Compliance with the Environmental Advisory Council Report dated 8/9/06 .

The aforementioned conditions were approved by Michael Carr, Esquire on behalf of the applicant.

Central Bucks Urology Preliminary Land Development Plan:  (Location:  Progress Drive):  The project site is situated within the C-4 Office and Medical Professional Zoning District and is located on the north side of Progress Drive approximately 200 feet east of West State Street.  The applicant is proposing to construct a 2-story medical office building with basement. 

 A discussion was held concerning the applicant’s proposal to clear 9 trees currently located along Memorial Drive and replace those trees elsewhere in the Township at a location specified by the Township.

 Mr. Scarborough requested that the applicant plant American Elms at a location to be determined by the Tree Committee.

 Ms. Clegg confirmed that the trees proposed to be removed by the applicant are not worth saving.

 A discussion was held concerning the proposed lighting by the applicant and the applicant confirmed that the offices do not accept patients past 6:00 p.m.

 After further discussion, on motion of Ms. Eisenhardt, seconded by Ms. Lyons, the Board of Supervisors unanimously approved the Central Bucks Urology Preliminary/Final Land Development Plan subject to the following conditions:

1. Compliance with the Doylestown Township Zoning Hearing Board Decisions rendered on May 15, 2006 and August 21, 2006 ;
2. Receipt of all permits and approvals from any agencies having jurisdiction over such matters, including the Bucks County Water and Sewer Authority, Bucks County Conservation District, Doylestown Township Municipal Authority and the like;
3. Compliance with the Pickering , Corts & Summerson report dated 9/13/06 ;
4. The Board of Supervisors granted waivers from the provisions of the Subdivision Ordinance as follows:

 a.        From the provisions of §153-20 C (10) with respect to requiring the location of water courses and other improvements within 400’ of the project;

b.         From the provisions of §153-20 E so as to not require a traffic study;

c.         From the provisions of §153-28 H so as to permit a point of ingress and egress closer than 300’ from another intersection;

d.         From the provisions of §153-34 C (2) associated with tree preservation;

e.         From the provisions of §153-36 C (2) so as to reduce the foot candle level from 1.0 to .5; and

f.          From the provisions of §153-38 F (3)(c) so as to permit the diameter of a storm pipe to be less than required.

5. Compliance with Boucher & James report dated 9/14/06 to the extent waivers were not granted;
6. Compliance with the Bucks County Planning Commission review letter dated  July 21, 2006;
7. Compliance with the Pennoni report dated July 19, 2006;
8. Applicant to make a contribution of $.25 per square foot of floor area as an off‑site contribution, which said contribution shall be made as of the execution of the development and financial security agreements;
9. Funding and execution of development and financial security agreements; and
10. Applicant to return to the Board of Supervisors for approval of the fee in lieu of trees to be provided to the Township as a result of the waiver granted from the provisions of §153-34 C (2) of the Subdivision and Land Development Ordinance with the understanding that the Board of Supervisors is desirous of the applicant securing and planting American Elms.

The aforementioned conditions were approved by Mr. Chase on behalf of the applicant.

 Dr. Edwin Slade – Waiver of Land Development Request:  (Location:  Progress Drive)  Edward Wild, Esquire was present to discuss the land development request with the Board of Supervisors.  He explained that a car port has been erected in the parking lot of the property and believes that a land development application is not needed as the car port only takes up one parking space.  The car port is to house a limousine which is used to transport patients.

 Ms. Eisenhardt made a motion that the Board of Supervisors grant the waiver of land development request by Dr. Edwin Slade.  This motion failed for a lack of a second.

 Michael Carr, Esquire, representing neighboring property owners, explained that his clients object to the car port because it is unsightly and it takes up an area that patients use for parking thus making it necessary for them to use parking spaces owned by the neighboring property owners.  He also explained that he believes the Board of Supervisors should review this issue and determine whether a car port is a permitted use under the Ordinances of the Township.  Additionally, there was no building permit applied for prior to the erection of the car port.

 It was suggested to Mr. Wild that discussions be held with the neighboring property owners concerning the aesthetics of the car port and attempt to come up with some screening/buffering that would be acceptable to the neighboring property owners as well as the applicant. 

 Mr. Carr agreed to such a meeting but explained that his clients wish to oppose the applicant’s request for a waiver of land development.

 Mr. Garton suggested that the Board determine any and all zoning and subdivision issues associated with this plan prior to making any decision concerning waiving land development.

 Mr. Lanetti explained that a building permit is not required for this type of structure but any new commercial building must go through the land development process.

 Mr. Garton said that he believes a strict interpretation of the MPC would require land development but believes it does not make sense to require the applicant to go through the land development process. 

After further discussion, on motion of Mr. Scarborough, seconded by Ms. Lyons, the Board of Supervisors unanimously agreed to table the Dr. Edwin Slade Land Development Waiver Request until the October 17, 2006 Board of Supervisors meeting.

 Police Uniform Bid:   After discussion, on motion of Ms. Lyons, seconded by Mr. Scarborough, the Board of Supervisors unanimously approved awarding the police uniform bid to Red the Tailor in accordance with Chief White’s memorandum dated September 5, 2006.

 Police Pension Resolution:  After discussion, on motion of Ms. Eisenhardt, seconded by Mr. Scarborough, the Board of Supervisors unanimously adopted Resolution No. 1324 eliminating the police officers’ contributions to the police pension plan for the year 2006.

 2007 Financial Requirements & MMO’s: After discussion, on motion of Ms. Eisenhardt, seconded by Ms. Lyons, The Board of Supervisors unanimously adopted Resolution No. 1325, for the Non-Uniformed MMO and Resolution 1326, for the Unformed MMO.

 2007 Community Development Block Grant Application:  Ms. Mason referred the Board to the 2007 Community Development Block Grant Application.

Ms. Eisenhardt suggested that the Red Building be made handicapped accessible and perhaps some of the funds could be used for that should the grant be awarded to the Township.

After further discussion, on motion of Ms. Lyons, seconded by Ms. Eisenhardt, the Board of Supervisors approved the 2007 Community Development Block Grant Application.  This motion passed by a vote of 4 to 0, with Mr. Scarborough abstaining.

Bike and Hike Extension Agreement:  On motion of Ms. Philo, seconded by Ms. Eisenhardt, the Board of Supervisors unanimously approved execution of the Bike and Hike Extension Agreement between Doylestown Township and Michael Baker, Jr., Inc.

PSTCA Annual Convention – Tax Collector Attendance:  On motion of Ms. Lyons, seconded by Mr. Berry, the Board approved the attendance of the Township’s Tax Collector at the PSTCA Annual Convention and authorized reimbursement in the amount of $562.29 for the expenses associated with the convention.  This motion passed by a vote of 4 to 0, with Mr. Scarborough abstaining.

2006 Oktoberfest: 

Fireworks Display Proposal:  On motion of Ms. Eisenhardt, seconded by Ms. Lyons, the Board of Supervisors unanimously approved executing the fireworks display contract with Schaefer Fireworks in the amount of $6,000.00 for Oktoberfest.

Sound System Rental:  On motion of Ms. Eisenhardt, seconded by Ms. Lyons, the Board of Supervisors unanimously approved executing the contract for the sound system rental with Visual Technology Services, Inc. in the amount of $3,200.00 for Oktoberfest.

Zoning Hearing Board:  Application of Joseph and Maryanne Arrow, 100 Ridge View Lane  – Request for a Variance:  Ms. Mason explained that the applicant is requesting a variance.  After discussion the consensus of the Board was to leave this issue to the Zoning Hearing Board.

.Treasurer’s Report – September 19, 2006:  On motion of Ms. Lyons, seconded by Mr. Scarborough, the Board of Supervisors unanimously approved the September 19, 2006 Treasurer’s Report.

Bills List – September 19, 2006:  On motion of Mr. Scarborough, seconded by Ms. Eisenhardt, the Board of Supervisors unanimously approved the September 19, 2006 Bills List in the amount of $794,220.95.

Announcements:

 The Doylestown Township 2007 Budget Work Session meeting will be held on Wednesday, September 20, 2006 at 9:00 a.m.

 The next meeting of the Board of Supervisors is scheduled for Tuesday, October 3, 2006.

 The 13^th Annual Doylestown Oktoberfest will be held:

 Friday, September 29, 2006    6:00 pm – 10: 00 pm

Saturday, September 30, 2006 12:00 pm – 10:00 pm

Sunday, October 1, 2006                     12:00 pm – 6:00 pm

 Adjournment:

 There being no further business to come before the regular meeting, the Board of Supervisors meeting adjourned at 8:15 p.m.

 

                                                                        Respectfully submitted,

 

 

 

                                                                        Stephanie Mason, Secretary