Doylestown Township
Bucks County, Pennsylvania

 
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Minutes from

June 17, 2008

Board of Supervisors Meeting

The Regular Meeting of the Doylestown Township Board of Supervisors was held at 7:00 P.M. on Tuesday, June 17, 2008 at the Doylestown Township Municipal Building, 425 Wells Road, Doylestown, PA., Members of the Board of Supervisors in attendance included: Barbara N. Lyons, Chairman; E. Thomas Scarborough, Jr., Vice Chairman; Barbara Eisenhardt, and Jeffrey Bennett. Absent: Cynthia Philo. Others in attendance included Jeffrey Garton, Township Solicitor; Stephen J. White, Chief of Police; Mario Canales, Township Engineer; and Stephanie Mason, Township Manager.

 

PLEDGE OF ALLEGIANCE

 

Ms. Lyons announced that this meeting is being taped recorded.

 

VISITORS/PUBLIC COMMENTS:

 

Ernie Gash, 15 Wilkshire Road, announced that CB South will be using the park facilities here on Wednesday, September 24, 2008 and Tuesday, October 7, 2008 and he informed the Director of Parks & Recreation. Eight officials from the Bucks-Mont Chapter helped run the senior games at War Memorial Field on June 4th and 150 people attended.

 

ANNOUNCEMENTS:

 

Ms. Lyons announced that the next meeting of the Board of Supervisors is scheduled for Tuesday, July 1, 2008; however, she has been advised there is not much business for the agenda except for one item, which is a request from Mr. Gundlach on behalf of the Blueberry Hill application to return to the Board of Supervisors’ meeting with another request to reconsider our decision to send the Solicitor to the ZHB in opposition to their application to change the use zoning at Blueberry Hill to add a daycare center.

 

Ms. Mason noted that the ZHB meeting scheduled for last night was postponed until July 21, 2008 and this Board has another meeting scheduled for July 15th. The Blueberry Hill matter can be moved to the agenda for the July 15th meeting.

 

Mr. Bennett made a MOTION, seconded by Mr. Scarborough to cancel the Board of Supervisors’ meeting scheduled for July 1, 2008.

 

Ms. Eisenhardt commented that this is the second month we are canceling a meeting as the trend is that we have one meeting a month in the summer, and that is what should be advertised as she is concerned about residents who make a habit of coming to the meetings. She is not in favor of canceling the July 1st meeting.

 

Board of Supervisors Regular Meeting                                                  June 17, 2008

 

MOTION was ADOPTED 3-1. Ms. Eisenhardt opposed.

 

After a brief discussion with the Solicitor; the Board agreed to place Mr. Gundlach, on behalf of the Blueberry Hill application, on the agenda for the  July 15th Board of Supervisors’ meeting.

 

MINUTES APPROVAL:

 

Board of Supervisors’ Meeting – May 20, 2008:

 

Ms. Eisenhardt made a MOTION, seconded by Mr. Bennett to approve the minutes of the Board of Supervisors meeting of May 20, 2008 as submitted.

 

MOTION was ADOPTED 4-0.

 

Road Inspection – May 20, 2008:

 

Ms. Eisenhardt made a MOTION, seconded by Mr. Scarborough to approve the minutes of the Road Inspection meeting of May 20, 2008 as submitted.

 

MOTION was ADOPTED 3-0-1 Ms. Lyons abstained.

 

Special Meeting – June 3, 2008:

 

Mr. Bennett made a MOTION, seconded by Mr. Scarborough to approve the Special Meeting minutes of June 3, 2008 as submitted.

 

Ms. Eisenhardt asked may a supervisor vote by phone?

 

Solicitor Garton replied yes.

 

MOTION was ADOPTED 3-0-1. Ms. Eisenhardt abstained.

 

CB Ambulance & Rescue Unit – Dedicated Tax:

 

Cathy Schlager, Member of the Board of Directors of the Central Bucks Ambulance and Rescue, gave a power point presentation to the Board. She requested that the Board put a referendum on the November ballot for tax millage for dedicated funds for EMS. A ¼ mil, approximately $90,000 generated would be used to ensure a capital account for the replacement of trucks, equipment and building.

 

Ms. Eisenhardt commented that she supports the request and this should be done in support of the community. She made a MOTION to put a referendum on the November ballot for tax millage for dedicated funds for EMS.

Board of Supervisors Regular Meeting                                                  June 17, 2008

 

Mr. Scarborough indicated that he supports placing a referendum on the ballot in November and to let the citizens of this Township decide. He seconded the motion.

 

Mr. Bennett asked for the deadline to make this decision.

 

Solicitor Garton replied sometime in August.

 

Mr. Bennett suggested letting the Ways & Means Committee review this to see whether they support the concept, and he is in favor of it.

 

Mr. Scarborough withdrew his second to the motion on the floor.

 

Doris Clegg asked is there more than one ambulance service?

 

Mr. Scarborough replied we are covered by Warrington and Chalfont.

 

Ms. Schlager clarified that this tax would cover emergency medical service not the Central Bucks Ambulance, per say.

 

Ms. Lyons indicated that this item will be placed on the agenda for the July 15th Board of Supervisors’ meeting.

 

Doylestown Station – Sign and Solar Lighting:

 

 Ms. Mason explained that the Board granted an easement to the Doylestown Station Condominium Association for the installation and maintenance of a landscaped area at the corner of Turk Road and Rolling Hill Boulevard, and they are requesting a community sign to be placed at the center of the planting area, and it meets our sign requirements.

 

Solicitor Garton noted that it is not in the Township’s right-of-way.

 

Ms. Eisenhardt made a MOTION, seconded by Mr. Bennett to approve a community sign be placed the center of the planting area at the corner of Turk Road and Rolling Hill Boulevard.

 

MOTION was ADOPTED 4-0.

 

REPORTS:

 

Solicitor: No report.

 

Police Chief: No report.

 

Board of Supervisors Regular Meeting                                                  June 17, 2008

 

Township Engineer: No report.

 

Manager: No report.

 

Supervisors:

 

Ms. Lyons reported that she met with Maggie Rash, Chairman of the Board of Supervisors of Buckingham Township, concerning the proposed development located at Rt. 263/313 in Doylestown Township. Although they would be interested in discussing this matter with our Board, there is a plan on the property that expires in October 2009, and they would like to wait and see what develops with that plan. She suggested to the Board that we advise Buckingham Township’s Board of when our meetings are scheduled and encourage their attendance if they want to participate.

 

Mr. Bennett requested that our Solicitor review the amended declaration of the Hancock application and that our consultants review the fiscal impact analysis report.

 

Ms. Lyons noted that she received numerous calls from residents of Doylestown and Buckingham Townships regarding the intersection of Rt. 262/313, and the residents from Doylestown has encouraged the Board to explore purchasing that property or getting a conservation easement to keep that corner in the pristine wooded condition that it is.

 

David Shakowitz, Hancock Realty, noted that the project was submitted to the County for review, and we will work with the professionals to address any items.

 

Solicitor Garton suggested to Mr. Shafkowitz to contact the Township Manager in 30 days before being placed on the agenda for consideration.

 

Ms. Lyons asked for any public comments.

 

Sandy Dubois, resident, suggested a conservation easement for that property.

 

Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to appoint Edgar Ebenbach to the Doylestown Township Telecommunications Advisory Board.

 

MOTION was ADOPTED 4-0.

 

UNFINISHED BUSINESS: None.

 

 

 

 

 

 

Board of Supervisors Regular Meeting                                                  June 17, 2008

 

NEW BUSINESS:

 

Environmental Advisory Council’s Recommendation –Delaware Valley College Composting Project:

 

Doris Clegg, Chairman of the EAC, explained that in an effort to comply with DEP’s Act 101, we have been exploring options for leaf and yard waste collections or drop off sites. Requirements for Act 101 are listed in her memo to the Board, dated June 12, 2008.

 

If Doylestown Township does not comply with Act 101, we will not receive our 2007 Recycling Performance Grant funds in the amount of $30-$35k per year. We established a recycling drop off program for Doylestown Township residents at the Delaware Valley College one Saturday a month from 8:30 A.M-12:30 P.M. for up to 4- to 6 months beginning September 2008.

 

Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to enter into an agreement with Delaware Valley College in order to comply with DEP’s Act 101.

 

MOTION was ADOPTED 4-0.

 

LAND DEVELOPMENT:

 

Eastburn Tract – Preliminary Major Subdivision:

 

Ms. Lyons announced that the applicant for the Eastburn Tract - Preliminary Major Subdivision requested to be removed from the agenda this evening.

 

Central Bucks Family YMCA – Preliminary/Final Land Development:

 

Solicitor Garton explained that this plan was prepared by Gilmore & Associates, Inc., dated 1/4/08, last revised 3/7/08. The applicant requests preliminary/final plan approval.

 

After his review of the reports and recommendations; there are decisions the Board needs to make with respect to the application. The conditions of any approval the Board would be so inclined would be as follows: compliance with the Doylestown Township Zoning Hearing Board’s decision rendered on May 19, 2008; compliance with the Pickering, Corts & Summerson report, dated 3/14/08; and the granting of the following waivers that have been requested by the applicant: 

 

  • Section 153-20.C (10), which requires showing all features within 400 feet of the site.

  • Section 153-24.B (2) (a), related to improving the boundary roads of Lower State Road or Memorial Drive to ½ widths.

 

Board of Supervisors Regular Meeting                                                  June 17, 2008

 

·        Section 153-26.A.(1), the requirement that curbing be installed along Lower State Road

·        Section 153-34.B.(5) which outlines the landscape requirements for stormwater detention facilities; in the applicant’s waiver request, they state that the proposed basin will be used as a playfield for children and that the use of the wetlands plantings, shrubs, trees, etc., will adversely impact the ability to utilize this facility.

·        A partial waiver from Section 153-34.C. (2), which outlines the amount of tree preservation required onsite. They also request that in-lieu-of placing trees along Lower State Road; that they be placed along the property line with the residents.

 

Herb Sudfeld, Attorney representing the applicant, indicated that in working with the Tabersole neighbors; we agreed to place some extra trees in that area.

 

·         A partial waiver from Section 153-39.D. (1), which states no excavation or fill shall be made with a face or surface slope steeper than four horizontal to one vertical unless a retaining wall, constructed in accordance with approved standards and approved by the Township Engineer, is provided to support the face or surface slope of said excavation of fill. The applicant is proposing to grade at 3:1 in the location of the existing drive along Lower State Road in order to save existing trees. However, in reviewing the grading plans there are other areas specified to be graded at 3:1 most notably the slope between the proposed detention basin and the 2,457 SF building.

·        Waiver from Neshaminy Creek Watershed Stormwater Management Ordinance, Section 148-22, which requires groundwater recharge. To permit a detention basin to be used for a play field.

 

The next condition is a deed of consolidation to be filed with the Mylar for the three lots and receipt of all permits and approvals that is required for this project including from PennDOT, Doylestown Municipal Authority, Bucks County Water & Sewer Authority and the Bucks County Conservation District and others. In the event that PennDOT declines to accept the additional right-of-way along Lower State Road, would the Township desire to accept that right-of-way?

 

The Board agreed to accept the right-of-way.

 

Mr. Garton continued that the Board should determine the issue of offsite improvements defined in Pennoni’s report, dated 3/20/08. Also, that the applicant make a contribution towards improvements at the intersection of Lower State Road and Memorial Drive and also make contribution toward improvements at the intersection of State Street and Memorial Drive. The applicant will comply with Boucher & James’ report, dated 3/18/08; comply with the Bucks County Planning Commission report, dated 2/4/08; and funding and execution of the development financial security agreements.

Board of Supervisors Regular Meeting                                                  June 17, 2008

 

Mr. Sudfeld noted that we request another waiver from Section 153.35 C. (1) – It was noted that an actual tree count be taken and that count has been done and a waiver is necessary from that section. A variance has previously been granted to disturb the steep slopes where the woodlands are located and the amount of woodlands in question is .069 acres of woodlands within the slopes over 25%. The permitted disturbance is .007 acres and we are disturbing .044 acres so we are over by .037 acres.

 

Solicitor Garton noted the outstanding issue is the improvements to the two intersections. He introduced David Tomko, of Pennoni Associates.

 

Mr. Tomko indicated the applicant is willing to discuss the amount of contribution for future improvements at the intersection of Lower State Road and Memorial Drive in-lieu-of of installing a mid-block crossing at the YMCA driveway. We recommend that the applicant coordinate directly with Doylestown Borough to design and construct the traffic calming measures proposed to Doylestown Township by Doylestown Borough at the intersection of Lower State Road and Memorial Drive.

 

Ms. Eisenhardt asked for an estimated amount needed for the improvements.

 

Mr. Tomko estimated $60,000.

 

Ms. Lyons asked would Doylestown Borough contribute to it?

 

Lou White, Vice Chairman of Doylestown Borough Council, indicated that he would take that request back to the Board.

 

Ms. Eisenhardt commented that it is not clear whether the cost would be shared by the Borough and whether there would be an offset by the school or any other facilities located on the corner as they contribute to the traffic as well.

 

Solicitor Garton asked for an offer from the applicant.

 

Mr. Sudfeld offered $35,000 from the YMCA.

 

Ms. Eisenhardt suggested tabling this matter until we get feedback from Doylestown Borough.

 

Ms. Mason indicated that she spoke with John Davis, Doylestown Borough Manager, and they would like to see improvements from a pedestrian standpoint, and he would like to see what amount of contribution we receive and then possibly come up with a portion of it in next year’s budget.

 

 

 

Board of Supervisors Regular Meeting                                                  June 17, 2008

 

John Everett, resident, Turk Road, asked about a light at the driveway to the YMCA and suggested a handicapped curb cut from the CB West side over to the YMCA as part of the crosswalk.

 

Lou White, Vice Chairman of Doylestown Borough Council, commented last year, we began a “safe walking” initiative in town, and we have signs alerting drivers to watch out for pedestrians in the crosswalk that are part of this project. We asked residents to identify intersections where walking is dangerous, and the one being discussed was very prominent on that list. The Borough would be supportive in doing something there and we would work with the $35,000 from the YMCA to make it work and also possibly an in-kind contribution would help.

 

Mr. Scarborough made a MOTION to approve the YMCA - preliminary/final plan to include a $35,000 contribution from the YMCA towards improvements of the intersections at Lower State Road and Memorial Drive and State Street and Memorial Drive subject to the conditions that Solicitor Garton mentioned.

 

Mr. Bennett countered the proposal to $50,000.

 

Mr. Sudfeld offered $40,000.

 

Mr. Scarborough made a MOTION to approve the YMCA - preliminary/final plan to include a $40,000 contribution from the YMCA towards improvements of the intersections at Lower State Road and Memorial Drive and State Street and Memorial Drive subject to the conditions that Solicitor Garton mentioned, seconded by Mr. Bennett.

 

Solicitor Garton asked does the $60,000 include a bid with prevailing wages?

 

Mr. Tomko replied yes.

 

Solicitor Garton asked what would the cost be if the applicant made the improvements as part of their project?

 

Mr. Tomko replied the cost would be less, but he does not know how much.

 

Mr. Everett asked if the Township gets $40,000 towards the improvements and the cost is $55,000, does the Township pay the balance?

 

Ms. Lyons replied yes.

 

Mr. Everett commented that the YMCA should step up to the plate and take care of business.

 

 

Board of Supervisors Regular Meeting                                             June 17, 2008

 

Mr. Sudfeld agreed to contribute $50,000 towards the improvements to the intersections and asked if the YMCA can contribute $35,000 payable now in the first phase and $15,000 in the second phase of the project.

 

Mr. Bennett asked for the timing of the two phases.

 

Mr. Sudfeld replied the first phase is immediate and the second phase is within three years.

 

Mr. Scarborough withdrew his motion on the floor and made a MOTION to approve the YMCA - preliminary/final plan with conditions outlined by Mr. Garton and to accept the $35,000 contribution payable immediately and $15,000 payable within three years by the YMCA towards improvements to the intersections of Lower State Road and Memorial Drive and State Street and Memorial Drive subject to the conditions that Solicitor Garton previously stated, seconded by Mr. Bennett.

 

MOTION was ADOPTED 3-1. Ms. Eisenhardt opposed.

 

Zoning Hearing Board Application – John & Nina DiPietro – 41 Mystic View Lane – Variance request:

 

The Board agreed to leave this matter to the ZHB.

 

Destination Doylestown II – Concurrence of Bid Acceptance:

 

Ms. Mason noted that SEPTA has agreed to participate in this project and will commit funds in the amount of $168,056.70, and we have a grant in the amount of $862,500. PennDOT indicated that the lowest bidder was Crossing Construction Co. Inc., in the amount of $982,820. This project will be done over Labor Day weekend, and she asked for approval by the Board to proceed with the project.

 

Solicitor Garton noted there will be no additional costs to the Township.

 

Mr. Bennett made a MOTION, seconded by Mr. Scarborough to accept the lowest bid by Crossing Construction Co. Inc., in the amount of $982,820, and proceed with the replacement of a bridge, which carries the R5 Doylestown Line over a single lane roadway on the campus of Delaware Valley College.

 

MOTION was ADOPTED 4-0.

 

 

 

 

Board of Supervisors Regular Meeting                                                  June 17, 2008

 

Road Improvement Bid – Keeley Avenue

 

Mr. John noted that the Keeley Avenue project that involves a right-hand turning lane; center lane straight-thru; and milling and paving Keeley Avenue from the covered bridge up to Ferry Road was put out to bid on the Township’s behalf by Pennoni Associates. We received five bids and the lowest bidder was Gore Con Inc., in the amount of $397,369.71, and that amount is within budget and he recommends approval.

 

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve the lowest bidder – Gore Con Inc., in the amount of $397,369.71 for the Keeley Avenue Road Improvement project.

 

Mr. Bennett commented that we will receive an $80,000 contribution from New Britain Township for this project. Is that correct?

 

Mr. John replied yes.

 

MOTION was ADOPTED 4-0.

 

Proclamation – James A. Michener Art Museum’s 20th Anniversary:

 

Ms. Eisenhardt made a MOTION, seconded by Mr. Bennett to approve the Proclamation of the James A. Michener Art Museum’s 20th Anniversary on September 20, 2008.

 

MOTION was ADOPTED 4-0.

 

Eagle Scout Proclamation – Robert Lawrence Cull, Troop 6:

 

Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to approve the Eagle Scout Proclamation of Robert Lawrence Cull, Troop 6.

 

MOTION was ADOPTED 4-0.

 

Bill’s List – June 17, 2008:

 

Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to approve the Bills List of June 17, 2008 in the amount of $1,273,236.22.

 

MOTION was ADOPTED 4-0.

 

 

 

 

 

Board of Supervisors Regular Meeting                                                  June 17, 2008

 

Treasurer’s List – June 17, 2008:

 

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve the Treasurer’s List of June 17, 2008.

 

MOTION was ADOPTED 4-0.

 

Ms. Eisenhardt commented that she understands that the YMCA has inexpensive programs for those who cannot afford to join; however, not everyone that belongs to the YMCA lives in Doylestown Township. It is unfair to give them the right to only pay $50,000 for an $80,000 bill, and we are asking the Doylestown Township residents to pay the other $30,000. The YMCA does a wonderful job, and it is a great facility, but she does not think it should be incumbent upon our residents to pickup the tab for the extra $30,000.

 

Mr. Scarborough commented we have done work for the YMCA in-kind service when they built the teen center, etc. Our residents use facilities in other municipalities so this is a give and take and the YMCA makes this community a stronger and better place to live.

 

Mr. Bennett commented that this is an intersection that Doylestown Borough has surveyed as something that their residents have been concerned about for sometime. Even without this project; this is an intersection that needs work. He is comfortable with what the YMCA will contribute towards the improvements.

 

ANNOUNCEMENTS:

 

Ms. Lyons announced that the next meeting of the Board of Supervisors is scheduled for Tuesday, July 15, 2008.

 

 

ADJOURNMENT:               8:25 P.M.

 

 

Respectfully submitted by
Stephanie J. Mason

Board of Supervisors
Boards and Commissions
 

 

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