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The Regular Meeting of the Doylestown Township
Board of Supervisors was held at 7:00 p.m. on Tuesday, December
16, 2008 at the Doylestown Township Municipal Building, 425
Wells Road, Doylestown, PA. Members of the Board of Supervisors
is attendance included Barbara N. Lyons, Chairman; E. Thomas
Scarborough, Jr., Vice Chairman; Jeffrey Bennett; Cynthia Philo
and Barbara Eisenhardt. Others in attendance included Jeffrey
Garton, Township Solicitor; Stephen White Chief of Police; Mario
Canales, Township Engineer and Stephanie Mason, Township
Manager.
PLEDGE OF ALLEGIANCE
Ms. Lyons announced that the Board of Supervisors
held an Executive Session prior to this meeting to discuss
personnel matters.
Mr. Bennett made a MOTION, seconded by Mr.
Scarborough to give salary bonuses to key employees for a total
amount of $7,250.00.
MOTION was ADOPTED 4-1. Ms. Eisenhardt opposed.
Mr. Eisenhardt noted for the record that in these
difficult economic times; she feels the Board of Supervisors are
not in the position to give bonuses this year, and it is not a
reflection of a poor performance of anyone. Everyone has done a
wonderful and outstanding job. It is just being fiscally
responsible as the economy does not enable the Board to give
bonuses.
ANNOUNCEMENTS:
Ms. Lyons announced that the next meeting of the
Board of Supervisors is scheduled for Monday, January 5, 2009 –
Reorganization at 4:00 p.m. The Board of Auditors Reorganization
meeting will be held on January 6, 2009 at 7:00 p.m. The
Township Building will be closed on December 25, 2008 due to
Christmas and January 1, 2009 due to New Years Day.
VISITOR/PUBLIC COMMENTS:
None.
MINUTES APPROVAL:
Mr. Scarborough made a MOTION, seconded by Mr.
Bennett to approve the minutes of the December 2, 2008 Board of
Supervisors Meeting as submitted.
MOTION was ADOPTED 5-0.
RESOLUTIONS AND COMMENDATIONS:
Ms. Lyons announced the retirement of Robert
Lanetti, the Township’s Code Enforcement Officer for twenty
years.
Mr. Scarborough made a MOTION, seconded by Ms.
Philo to adopt Resolution No. 1439 – a Resolution of the Board
of Supervisors of the Township of Doylestown recognizing Robert
Lanetti for his twenty years of service to Doylestown Township.
MOTION was ADOPTED 5-0.
CORRESPONDENCE:
Ms. Mason noted that we received a letter from
PSATS (Pennsylvania State Association of Township Supervisors)
congratulating the Township as being selected as the winner of
the State Association’s Outstanding Citizen Communication Award
for exceptional and comprehensive efforts communicating with our
residents. This award will be presented at the Annual PSATS
Educational Conference in Hershey, PA.
The Township has also won first place in the
Other Publications and Web Sites categories and third place in
the Most Improved Newsletter category in PSATS 41st
Annual Township Citizen Communication Contest.
REPORTS:
Solicitor: No report.
Police Chief: No
report.
Manager:
Ms. Mason reported that the Open Space Committee
will be receiving additional funding in the amount of
$620,408.00 from the County under the new Open Space Program. We
have two property owners interested in donating a conservation
easement. It is the recommendation of the Open Space Committee
to have an appraisal done on the Tilley Property that is located
on Broad Street. In addition, we have been contacted by the
Manager of New Britain Borough and their request is that the
Borough and Doylestown Township jointly have an appraisal done
on 9.5 acre apple orchard property on Keeley Avenue located next
to their Covered Bridge Park. The consensus of the Open Space
Committee is to ask the Board of Supervisors to authorize an
appraisal of that property as well so a conservation easement
can be considered.
Mr. Scarborough asked for the cost of the
appraisals.
Solicitor Garton replied about $1,500 for each
appraisal, but the Township would split the cost of one
appraisal with New Britain Borough so it would be $750 each.
Ms. Philo made a MOTION, seconded by Mr.
Scarborough to authorize that two appraisals be conducted for
the Tilley Property located on Broad Street and the 9.5 acre
apple orchard property on Keeley Avenue located next to their
Covered Bridge Park.
Mr. Bennett commented that the terms of receiving
$620,408 from the County is under the 75/25 program. Does the
cost of the appraisal count towards our contribution?
Solicitor Garton replied yes.
MOTION was ADOPTED 5-0.
Supervisors:
Ms. Philo noted that the Traffic Advisory
Committee has made the following recommendations:
Ms. Philo made a MOTION to approve the
recommendation by the Traffic Advisory Committee that the
Doylestown Township Board of Supervisors requires Artefacts
Realty, Temple Judea and Hancock Group prepares a comprehensive
traffic evaluation to address the impact of the proposed
development on the local roadway network.
Solicitor Garton noted that Artifacts Realty has
withdrawn their application.
Ms. Philo made a MOTION to AMEND the MOTION
deleting Artefacts Realty from the original motion, seconded by
Ms. Eisenhardt.
Mr. Bennett expressed concern that both of those
projects are at different stages of the land development
process.
Solicitor Garton noted that the Township’s SALDO
requires a traffic study be done and he suggested in-lieu-of the
developers preparing a separate traffic study they could
reimburse the Township for a comprehensive traffic study or the
developers can work together on providing traffic study.
Chief White clarified that the motion is not to
request the Township to conduct a comprehensive study. Knowing
the developments will be completed at different times; the
Township and Planning Commission should be looking at three
separate projects that will all, at different times, affect the
local roadway network.
After further discussion of traffic studies for
the above developments and the impact to the residential
neighborhoods; the consensus of the Board was that those traffic
studies would be better coordinated through the Township and
that the Traffic Engineer should prepare the study.
Ms. Philo withdrew her motion and indicated that
she will discuss the suggestions and recommendations made by the
Board of Supervisors with the Traffic Advisory Committee.
Ms. Philo made a MOTION, seconded by Mr. Bennett
to approve the recommendation of the Traffic Advisory Commission
to approve the use of PennDOT Publication 383, Pennsylvania’s
Traffic Calming Handbook (January, 2001), and any subsequent
revisions, for planning and implementation of traffic calming
measures within the Township.
Ms. Lyons asked for the MOTION to be AMENDED to
include PennDOT’s publication 383, Pennsylvania’s Traffic
Calming Handbook (January, 2001) into the Township’s
Comprehensive Plan.
Ms. Philo made a MOTION to AMEND the MOTION to
include PennDOT’s publication 383, Comprehensive Plan,
Pennsylvania’s Traffic Calming Handbook (January, 2001), into
the Township’s Comprehensive Plan, seconded by Mr. Bennett.
MOTION as AMENDED PASSED 5-0.
Ms. Philo made a MOTION, seconded by Mr. Bennett
to approve the recommendation by the Traffic Advisory Committee
that Supervisor Cynthia Philo be directed to take a resolution
to BCATO (Bucks County Association of Township Officials) and
PSATS (PA State Association of Township Supervisors) urging both
organizations to support municipal law enforcement officers
being authorized to use radar as an approved speed enforcement
device in the Commonwealth of Pennsylvania.
Chief White commented that the PA Chiefs of
Police Association and MADD (Mothers Against Drunk Drivers)
support police radar as Pennsylvania is the only state in the
nation that does not allow municipal police to use radar.
Mr. Bennett suggested the motion say, “That our
delegate be directed to take a resolution to BCATO (Bucks
County Association of Township Officials) and PSATS (PA State
Association of Township Supervisors) urging both organizations
to support municipal law enforcements officers being authorized
to use radar as an approved speed enforcement device in the
Commonwealth of Pennsylvania,” because we will not vote on who
our delegate is until January and he supports the motion.
Ms. Philo made a MOTION to AMEND the MOTION to
approve the recommendation by the Traffic Advisory Committee
that our delegate be directed to take a resolution to
BCATO (Bucks County Association of Township Officials) and PSATS
(PA State Association of Township Supervisors) urging both
organizations to support municipal law enforcements officers
being authorized to use radar as an approved speed enforcement
device in the Commonwealth of Pennsylvania, seconded by Ms.
Eisenhardt.
MOTION as AMENDED PASSED 5-0.
Ms. Philo noted that the Traffic Advisory
Committee seeks permission from the Board of Supervisors to ask
the Quigley Corporation to donate some of its land in order to
make the corner of Shady Retreat Road and the back of Doylestown
Hospital a safe crosswalk area.
Ms. Philo made a MOTION, seconded by Mr. Bennett
to authorize Township Manager to ask the Quigley Corporation to
donate some of its land in order to make the corner of Shady
Retreat Road and the back of Doylestown Hospital a safe
crosswalk area on behalf of the Board of Supervisors.
MOTION was ADOPTED 5-0.
Mr. Scarborough commented that regarding Delaware
Valley College drop-off site for composting of leaves and yard
waste; a question was raised about local companies who clean
yards be allowed to dump it at that location. According to the
agreement between Doylestown Township and Delaware Valley
College, dated, November 19, 2008, it is a program only for
residents to use this location as they could not control this
site if anyone was allowed to use it. They use this material for
composting and use it throughout the college.
Ms. Eisenhardt commented that her question was
that if a resident has a third party remove their leaves and
they are coming from a Doylestown Township property; why
wouldn’t that third party have the same rights to take the
leaves from Township property to the Township composting site.
She feels this matter deserves more exploration as they are
Doylestown Township resident’s leaves but someone else is
dropping them off for them.
PUBLIC HEARING
Proposed Amendment to Zoning Ordinance – Adult
Oriented Uses
Solicitor Garton noted this ordinance has been
duly advertised and we received comments from the BCPC and DTPC.
He introduced Judy Goldstein to discuss those comments.
Judy Goldstein, Director of Landscape
Architecture and Planning Services, Boucher & James Inc., noted
the BCPC made comments in their memo, dated, December 3, 2008 as
follows: They suggested that the definition and descriptions be
included in uses and terms and her recommendation is to leave it
in the definitions section. Adult arcade is defined as any place
which the “public” is permitted or invited and they suggested
“private members” be added because an adult arcade may be
associated with a private club or organization that does not
permit the general public. She feels that is a good suggestion.
For adult cabarets; they also suggest considering a separation
provision such as five feet between patrons and person who
appear in the state of nudity for the proposed adult cabaret
use. The next section regarding use provisions regarding the
building should be no less than 400 feet away from any
residential use etc., they suggest including other
youth-oriented uses in the list such as licensed daycare centers
and Use E-9 commercial recreation and entertainment, and we will
make that change. The Uses Per Lot section should read as
follows: “No more than one adult-oriented use shall be permitted
within any one building or lot and no adult oriented use shall
be permitted on the same lot as any other principal use.”
Regarding permitted districts; we are limited to certain
parcels; however, land uses could change in the future. It is
important to make sure that we are not creating a situation
where we are permitting a use and excluding it from the entire
Township by those limitations. The BCPC suggests that we take
the Institutional Districts out of this ordinance as well as
some of the Commercial Districts.
After further discussion on this use being
permitted and not permitted in certain districts, the Board
agreed they would like to review the zoning map before adopting
this ordinance and also agreed to table this matter until the
next Regular Board meeting.
Ms. Philo made a MOTION, seconded by Mr.
Scarborough to TABLE this matter until the next Board of
Supervisors Regular Meeting in January, 2009.
MOTION was ADOPTED 5-0.
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
Land Development – Review Extensions:
Mr. Scarborough made a MOTION, seconded by Mr.
Bennett to approve grant extension given by Shawn Touhill –
Final Subdivision Plan to Doylestown Township until March 31,
2009.
MOTION was ADOPTED 5-0.
Ms. Eisenhardt made a MOTION, seconded by Mr.
Scarborough to approve grant extension given by Temple Judea –
Preliminary Land Development Plan to Doylestown Township until
March 20, 2008.
MOTION was ADOPTED 4-0-1. Mr. Bennett abstained.
Mr. Scarborough made a MOTION, seconded by Ms.
Eisenhardt to approve grant extension given by Thompson
Organization – Preliminary Land Development Plan to Doylestown
Township until February 28, 2008.
MOTION was ADOPTED 5-0.
Delaware Valley College –Farmer’s Market:
Solicitor Garton noted that some years ago, this
Board approved a land development application from the college
to install a Farmer’s Market off of Lower State Road, which
replaced the facility located on Rt. 202, and this farmer’s
market has been closed for the past year. Representatives of
Delaware Valley College approached owners’ of Shady Brook Farm
in Yardley in which they agreed to work on a management
agreement. The Fleming Family, who are the owners of Shady Brook
Farm, would manage the Farmer’s Market for the college and
college student’s would still work there as part of an
educational program.
His comments of the draft agreement include that
it is understood that it is a management agreement only and it
is not creating a non-conforming use and that a declaration of
restriction of this will be recorded as record. If the Board
approves, the Farmer’s Market will be reopened in the spring.
Donald Feldscher, Special Assistant to the
President of Delaware Valley College, commented that we opened a
farmers market and we were not successful in running it so we
hired a consultant to help us find someone to manage it. He
introduced David Sr. and Paul Fleming, owners of the Shady Brook
Farm, to the Board. Our plan, with the Board’s permission, is to
have the Flemings get the market ready in January/February and
have a grand opening in March and we will coordinate with the
Bike & Hike Trail and Bridge.
Ms. Lyons asked will Shady Brook Farm use
Delaware Valley College’s products?
Mr. Feldscher replied yes.
Ms. Lyons asked for any public comments.
James Bingler commented that the farmer’s market
is required to grow 50% of everything that is sold there. Is
that correct?
Mr. Feldscher replied yes, that is a state
regulation.
The consensus of the Board was to approve the
management agreement for the Farmer’s Market between Delaware
Valley College and Shady Brook Farm.
2009 DTMA Budget:
Mr. Scarborough made a MOTION, seconded by Ms.
Eisenhardt to acknowledge receipt of the 2009 Doylestown
Township Municipal Authority Budget.
MOTION was ADOPTED 5-0.
2009 Doylestown Township Final Budget:
Ms. Mason noted that in November, the Board
approved the Preliminary 2009 Budget and, tonight, we are
looking for final adoption for the 2009 budget with anticipated
revenues of $13,862,076; expenditures of $11,171,119; transfers
is $501,324; with fund balances at $2,189,633. Mark Glassman, of
the Ways & Means Committee and Bill Wightman, Finance Officer
are present this evening.
Mr. Scarborough made a MOTION, seconded by Mr.
Bennett to approve the 2009 Doylestown Township Final Budget.
Ms. Eisenhardt commented that she did not vote to
approve the preliminary budget because these are extraordinary
financial times, which calls for extraordinary measures. While
it is difficult to ask employees to give anything up that they
are accustomed to getting; it is even more difficult to ask
struggling taxpayers to incur costs for employees perks when the
taxpayers are losing jobs, benefits, etc., and she does not feel
any employee should take it as a sign that they are not doing a
wonderful job. She asked that the following items be
discontinued until there is a change in the economy: the
discontinuation of all seminars and conferences that are not
mandated by law for job certification; all employee cars that
are not First Responders or entitlement to a vehicle per their
employment contract; and all bonuses.
Ms. Philo commented that it is important for
Township employees to have their certifications. She is
concerned about the $1,500 amount listed in the budget for the
Tax Collector. She made a MOTION to AMEND the MOTION to remove
the $1,500 from the 2009 budget for the Tax Collector, seconded
by Ms. Eisenhardt.
Ms. Eisenhardt clarified that she is not voting
to approve the budget, but agrees with removing the $1,500 for
the Tax Collector.
Solicitor Garton explained that the Board needs
to vote on the amendment first then vote whether to approve the
budget.
Mr. Bennett commented that regarding the
amendment; it would be in the best interest to have a unanimous
vote to approve the budget, but he does not feel that is
realistic based on what he has heard this evening. If the budget
is approved, it is not necessarily a spending plan. Any expenses
submitted will need to be approved as an ongoing process through
the year.
After further discussion about removing the
$1,500 line item for seminars for the Tax Collector from the
budget with the exclusion of the BCATO meetings that are
required by law and capital projects being removed from the
budget; Ms. Lyons called for a vote on the amendment to the
original motion.
MOTION as AMENDED FAILED 2-2-1. Supervisors Philo
and Eisenhardt voted yes; Supervisors Bennett and Lyons voted
no; and Supervisor Scarborough abstained.
Referring to the original MOTION to adopt the
2009 Final Budget; Ms. Lyons asked for any further comments.
Ms. Eisenhardt commented that a few years ago,
our capital reserve fund was about $5 million dollars and we are
now down to $1 million dollars. In economic hard times, it is
scary that our Township has only 10% of our budget in capital
reserve. In order to protect our taxpayers; we need to err on
the side of being conservative.
Mr. Glassman replied that 10% is not unusual and,
a few years ago, we had a $5 million dollar reserve, and the
Township elected to use some of that money for capital
improvements. The Board will need to review any capital
expenditures that come up throughout next year.
Ms. Lyons asked for any public comments. There
were none.
MOTION to approve the 2009 Doylestown Township
Final Budget PASSED 4-1. Ms Eisenhardt opposed.
Resolution No. 1438 – Fixing the Tax Rate for the
Fiscal Year Ending December 31, 2009:
Mr. Scarborough made a MOTION, seconded by Mr.
Bennett to adopt Resolution No. 1438 – Fixing the Tax Rate for
the Fiscal Year Ending December 31, 2009.
Ms. Eisenhardt asked about the ambulance tax be
listed as a separate line item.
Ms. Mason replied it is included in the general
fund.
Solicitor Garton noted that the ambulance tax
should not be included in the general fund because it is a
separate voter approved tax and we cannot mix those funds with
general funds. He suggested an amendment to the resolution to
include a separate line item for the ambulance tax.
Ms. Philo made a MOTION to AMEND the MOTION
amending the resolution to include a separate line item for the
ambulance tax.
MOTION as AMENDED PASSED 5-0.
Open Records Act
Solicitor Garton noted that pursuant to the
statute that was adopted by the legislature and signed by the
Governor; he prepared a resolution related to the Township’s
implementation of that new law. This format has been reviewed by
the State Office of Open Records and has been approved.
Ms. Philo made a MOTION, seconded by Ms.
Eisenhardt to adopt Resolution establishing the Township’s Open
Records Policy under Act 3 of 2008.
MOTION was ADOPTED 5-0.
Treasurer’s Report:
Mr. Scarborough made a MOTION, seconded by Ms.
Eisenhardt to approve the December 16, 2008 Treasurer’s Report.
MOTION was ADOPTED 5-0.
Bills List:
Mr. Scarborough made a MOTION, seconded by Mr.
Bennett to approve the December 16, 2008 Bills List in the
amount of $1,446,615.10.
MOTION was ADOPTED 5-0.
ANNOUNCEMENTS:
Ms. Lyons announced that the next meeting of the
Board of Supervisors is scheduled for Monday, January 5, 2009 –
Reorganization Meeting at 4:00 P.M. The Board of Auditors
Reorganization Meeting will be held on January 6, 2008 at 7:00
P.M. The Township Building will be closed on December 25, 2008
due to Christmas and January 1, 2009 due to New Years Day.
ADJOURNMENT:
8:15 P.M.
Respectfully submitted,
Stephanie Mason, Township Manager
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Authored by Development Solutions