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Minutes from |
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March 17, 2009 |
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Board of Supervisors
Meeting |
The Regular Meeting of the Doylestown Township Board of
Supervisors was held at 7:00 p.m. on Tuesday, March 17, 2009 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 held an Executive Session to
discuss matters of litigation and real estate. As Director of
Public Safety, she is concerned about the consideration for the
closure of Rogers Road because the Board does not have enough
information. She asked Chief White and Township Engineer to
discuss the ramifications and safety issues with our Traffic
Engineer. We also need to check with the adjacent municipalities
of Buckingham and Warwick Townships to give them opportunity to
weigh in on the matter.
Chief White indicated he will speak with the Fire and Ambulance
Chiefs on this matter.
Ms. Philo asked that the Traffic Committee be kept apprised of
this matter as well.
James Bingler, resident, asked for the status of the
comprehensive traffic study from Mr. Wursta.
Ms. Mason replied we applied for a grant jointly with Buckingham
to the DVRPC for funding for that study.
Ms. Lyons added that we are looking to do an overall traffic
plan related to existing development and for any future
development. That is a much larger task than what she is
suggesting for the potential closing of Rogers Road.
Mr. Bingler asked about being reimbursed for that study at a
later date.
Ms. Lyons replied that is not possible.
Rick Baldwin, Rogers Road, commented there are other methods
that can be used as opposed to cul-de-sacing Rogers Road.
Ms. Lyons announced that on March 16, 2009 Chief White and his
family celebrated 100 years of law enforcement service and, on
behalf of the Board of Supervisors, she congratulated him.
PRESENTATIONS:
PennDOT Rt. 202 Parkway Update:
Ms. Lyons recognized Walter Berry, former Supervisor, who was
present this evening and worked for many years on the Rt. 202
project.
Eric Frary, of Michael Baker Inc. Engineers, Design Manager for
PennDOT, introduced his associate, Chris Stanford.
Mr. Stanford said we worked with Township and Bike/Hike
Committee last year to complete our designation Doylestown Phase
II Project, which entailed the construction of a Bike/Hike Trail
through Delaware Valley College from Rt. 202 under the R-5 SEPTA
Line out to Lower State Road and will eventually connect to the
Rt. 202 Parkway project. We submitted the project to the
American Council of Consulting Engineers and Doylestown Township
along with Michael Baker received an Honor Award for the “Best
Project Under $1 million dollars in the State of Pennsylvania in
2008” and he presented that award to the Board of Supervisors.
Mr. Frary reported that we broke ground on the parkway in
November and presented drawings that show Section 721 located in
Doylestown Township, which runs from south of Bristol Road to
the Rt. 611 bypass. We expect to have final plans for the next
two sections to PennDOT by the end of April and advertise for
construction in June/July. By fall and into the spring of next
year, we expect that all three sections of the parkway will be
under construction at the same time.
One of the major improvements will be the widening of Bristol
Road from Upper State to Stump Roads and that work will be done
in the summer of 2010. One of the amenities of this project is
the trail running along side of it as Doylestown Township is an
advocate of trails. The last two items to be accomplished for
this project are permits from DEP and the Army Corp of Engineers
and the right-of-way.
VISITOR/PUBLIC COMMENTS: None.
ANNOUNCEMENTS:
Ms. Lyons announced that the next meeting of the Board of
Supervisors is scheduled for Tuesday, April 7, 2009. No Child
Left Inside - Bucks County Coalition will host a community
event, Turn Off, Step Out, Tune In…To Nature on April 11, 2009
from 11 a.m. -2 p.m. The Annual Doylestown Township Golf Outing
will be held on June 8, 2009 at the Doylestown Country Club and
all proceeds benefit the Parks & Recreation System. On Saturday,
April 4, 2009, the ribbon cutting for the trail will be held at
Delaware Valley College and also the Market by Shady Brook Farms
at Delaware College will have their grand opening.
MINUTES APPROVAL:
Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to
approve the minutes of the March 3, 2009 Board of Supervisors
Meeting.
MOTION was ADOPTED 5-0.
CORRESPONDENCE:
YMCA –Waiver Request:
Gene Smith, Chief Executor introduced President, Dick Patterson
Vice President, Louis White, Dr. Susan Berg, and Trustees Bill
Leason, Dick Neiley, and Andrew Happ. Mr. Smith asked the Board
of Supervisors to reconsider the YMCA’s request to consider
waiving a portion of the permitting and inspections fees for the
community building project. The fees range about $110,000 in
total and, if we do not receive some relief, we will be over
budget. We will have to go out and raise money and, if we can’t
raise money, we will need to scale back on the project. We might
be forced to use cheaper building materials; reduce the amount
of square footage of its expansion or purchase fewer supplies.
Ms. Eisenhardt commented that the Township previously waived
some fees earlier in the project for road restoration and also
the Township makes contribution to the YMCA Teen Center every
year. She held up a list of projects and supplies totaling
$995,914 in expenses that the Township cut from its 2009 budget
because there was no money to pay for them. Although, she
appreciates what the YMCA does for the community; these are
difficult economic times and, even though, we may have done it
in the past; she cannot ask the taxpayers of Doylestown Township
to reach deeper into their pockets to pay for the YMCA’s
addition, and she does not support this request.
Mr. Bennett commented that the YMCA is a very important part of
the community. The YMCA does provide a service to Doylestown
Township residents, and we need to support it so there are
viable options for residents to participate in cost-effective
programs. He would support giving a concession to the YMCA, but
not a large one because he does not feel we can afford a large
concession.
Mr. Scarborough commented that the YMCA does a great job for
this Township and the entire area. If they were not building
this addition, we not have any fees coming to the Township for
this project. He made a MOTION to give the YMCA a $10,000
discount from the total amount of fees.
Mr. Bennett clarified the total cost of fees are about $110,000
so this is $10,000 deduction from that amount, and seconded the
MOTION.
Joe O’Malley, Rogers Road, asked Mr. Bennett if that is in
contrast of how he voted the last time.
Mr. Bennett replied no. Last time, he denied the request for a
complete waiver of their building fees.
Mr. Bingler commented that $10,000 is a fair amount.
Ms. Eisenhardt suggested a future policy in the form of a
resolution that includes a percentage off from permitting and
inspection fees when non-profits make these waiver requests.
Ms. Philo commented that she does not have an issue with a
$10,000 discount; however, she does take issue that a non-profit
or for-profit organization expects a waiver of fees.
Dr. Susan Berg spoke about the YMCA providing a community pool,
which was an initial vision for Central Park. She asked for that
to be taken into consideration as it is a service that the
Township does not need to provide.
Ms. Lyons replied membership fees are paid to the YMCA so those
who use the pool are paying to use it and it is not open to
people who are not members of the YMCA. If this motion passes;
she would like to see that $10,000 go towards special needs
children or families who cannot afford to pay membership to the
YMCA.
MOTION was ADOPTED 4-1. Ms. Eisenhardt opposed.
REPORTS:
Solicitor: No report.
Police Chief:
Emergency Management Plan
Ms. Eisenhardt made a MOTION, seconded by Ms. Philo to adopt the
Resolution of the Emergency Operations Plan of Doylestown
Township.
MOTION was ADOPTED 5-0.
Officer Brad Zartman
Chief White announced that Officer Brad Zartman has accepted
appointment to the F.B.I. and will be leaving the Doylestown
Township Police Department.
Open Records Officer Police Appointment
Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to
appoint Lt. Dean Logan as Open Records Officer for the Police
Department.
MOTION was ADOPTED 5-0.
Township Engineer: No report.
Manager: No report.
Supervisors:
Mr. Bennett reported that the Bike/Hike Committee is a joint
committee with other municipalities such as: Chalfont Borough;
New Britain Borough; New Britain Township; Doylestown Township;
and Doylestown Borough. At the last meeting, we had
representatives from Warrington and Buckingham Townships attend
and expressed interest in expanding their trails and connecting
them with Doylestown Township.
Ms. Eisenhardt said regarding the Supervisors’ responsibility
for authorizing reimbursement for conferences and seminars that
is permitted under Second Class Township Code; she asked that
requests for conferences and seminars come before the Board for
approval and not necessarily to Township Manager and also the
expenses for attending these meetings that may be paid by the
Township are limited to registration fees and mileage or the
reimbursement for the actual transportation.
Ms. Lyons commented that the duties of Supervisors are
enumerated in Section 607. Article 8 indicates that the Township
Manager is permitted to do certain functions for the Board of
Supervisors. We delegate certain Township business to the
Township Manager, but the only thing we do not delegate is our
legislative authority. She would like to see that Ms. Mason
continue monitoring employee training and whether it is
necessary. We approve the cost of it when we approve the bills
list.
Ms. Eisenhardt replied the bills list comes out after these
expenses have been paid. The Board of Supervisors has the
financial responsibility by our oath of office to maintain the
financial stability of the Township. We should approve expenses
prior to the event and not after.
Ms. Lyons commented that most of these items are allocated in
our budget.
Ms. Eisenhardt asked that provisions for employees’ expenses for
seminars be limited to what the Second Class Township Code
allows. If there are other expenses besides registration and
mileage or travel expenses for transportation that those
expenses be submitted to the Board before the employee goes to
the conference as opposed to afterwards.
Mr. Bennett asked for the amount of conferences that include
overnight stays that we are reimbursing the employee for.
Ms. Eisenhardt replied $50,000-$60,000.
Mr. Bennett replied his recollection was there were different
line items in the budget that were allocated for training for
different employees for training, certification, updates, etc.
The line items also include specific type of training and we
reduced the amount of money spent on seminars and reimbursement
for training.
Ms. Philo commented the duties of the Board of Supervisors shall
authorize the attendance of conferences. If Ms. Eisenhardt is
proposing a pre-approval process before sending an elected
official or employee to certain conferences; she does not feel
that is a problem.
Ms. Eisenhardt made a MOTION that the all conferences and all
training attended by employees should come before the Board of
Supervisors for approval.
Ms. Lyons noted that the Board of Supervisors delegates duties
to Township officials and she challenges the comment that we are
lacking in oversight.
Ms. Philo seconded the MOTION.
Solicitor Garton clarified that the MOTION is that before any
employee goes to any training, classes or seminars that it needs
to be pre-approved by the Board of Supervisors.
Mr. Bennett commented that our budget includes expected revenues
and anticipated expenses and we need to make sure that the
spending plan is being followed. It is not our function to run
the Township. That is why we hired a Township Manager and we are
getting close to micromanaging. Money has been allocated for
specific conferences and it is the Township Manager’s
responsibility to monitor that budget. He does not have a
problem looking to see if we have the money for any conferences
that include extraordinary expenses tied to them before that
money is spent, but he does not support the motion as stated.
Solicitor Garton suggested amending the motion to any
conferences which contemplate an overnight stay.
Ms. Eisenhardt added that the Second Class Township Code says
reimbursement of expenses is limited to registration and
transportation. If there are conferences that fall outside those
parameters there should be approval by the Board of Supervisors.
She AMENDED the MOTION to the extent that any conferences are
overnight and involve the incurring of expenses that are not
enumerated in the Second Class Township Code as appropriate
expenses, those trips, conferences and seminars should be
pre-approved by the Board of Supervisors before the employee
attends, seconded by Ms. Philo.
Mr. Scarborough commented that he is speaking against the motion
as amended as the Board is here to legislate and Ms. Mason is
here to administrate. We don’t need to micromanage this
Township, which has run quite well for a long time.
MOTION was ADOPTED 4-1. Mr. Scarborough opposed.
Mr. Scarborough wished everyone a “Happy St. Patrick’s Day.”
Ms. Lyons announced that she attended St. Baldric’s fundraiser
last Sunday where kids are shaving their heads and raising money
for juvenile cancer research. Their website is
www.st.baldricks.org.
PUBLIC HEARING – Proposed Ordinance Oil and Grease Interceptors
and/or Traps
Solicitor Garton noted that the Board authorized the
advertisement of this ordinance, which is driven due to the fact
that public sewer systems suffer adverse consequences when too
much industrial and commercial grease and other fats are not
caught ahead of time in traps and traps are not maintained. This
applies to only commercial, industrial and institutional uses,
and the purpose of this ordinance is to assist the Water/Sewer
Authority with these inspections. All work is done by the
Township and it has been reviewed by Code Enforcement Dept. and
they recommend approval.
Ms. Philo made a MOTION, seconded by Ms. Eisenhardt to adopt
Ordinance for certain regulations adopted by the Bucks County
Water/Sewer Authority related to the installation and regulation
of oil and grease interceptors and/or traps for all industrial,
commercial and institutional establishments and providing
penalties for same in the event of violations of the ordinance.
Mr. Scarborough asked about enforcement by the Code Enforcement
Dept.
Solicitor Garton replied enforcement will be done by the
Township.
Ms. Lyons asked for any public comment. There were none.
MOTION was ADOPTED 5-0.
UNFINISHED BUSINESS:
Authorization to Advertise Proposed Amendment to Zoning
Ordinance – Adult Oriented Uses:
Ms. Eisenhardt made a MOTION, seconded by Ms. Philo to authorize
the advertisement for proposed amendment to Zoning Ordinance for
Adult Oriented Uses.
MOTION was ADOPTED 5-0.
NEW BUSINESS:
Plan Review Extension – Temple Judea Preliminary Land
Development:
Mr. Scarborough made a MOTION, seconded by Ms. Philo to approve
extending the Temple Judea Preliminary Land Development to June
20, 2009.
MOTION was ADOPTED 4-0-1. Mr. Bennett abstained.
Proclamation – “No Child Left Inside”
Ms. Eisenhardt made a MOTION, seconded by Mr. Bennett to approve
the Proclamation by the Bucks County Coalition – No Child Left
Inside - Proclaiming April 2009 as “Children and Nature
Awareness Month.” (See attached to minutes).
Judy Goldstein noted that she is a County member of the No Child
Left Inside Bucks County Coalition and thanked the Board for
their consideration of approving this proclamation.
Kathy Brown, Parks & Recreation Board, announced that we are
planning more activities for kids to enjoy our parks.
MOTION was ADOPTED 5-0.
PennDOT Rt. 202 Parkway Agreements for Shared Use Path; Traffic
Signal Maintenance; Sidewalk Maintenance; and Lighting System
for Trailhead Parking Area:
Solicitor Garton noted that PennDOT is moving forward with the
parkway project, and part of the project includes a path;
traffic signal and sidewalk in certain portions; and a lighting
system. These agreements provide for the Township’s
participation in certain maintenance elements with respect to
the routine maintenance of the shared use path; once traffic
signals are erected they become the responsibility of the
municipality; sidewalk maintenance such as the trail maintenance
and the lighting system has to do with a portion of the lighting
of the trailhead parking area and not the entire trail. He
reviewed these agreements and recommends approval.
Ms. Eisenhardt made a MOTION, seconded by Mr. Bennett to approve
by resolution the PennDOT Rt. 202 Parkway Agreements for Shared
Use Path; Traffic Signal Maintenance; Sidewalk Maintenance; and
Lighting System for Trailhead Parking Area.
MOTION was ADOPTED 5-0.
Right of Way to be Deeded to Commonwealth – State Street:
Solicitor Garton noted that as part of the development of a
series of office buildings on Rt. 202 that certain right-of-way
came to the Township. The purpose of this deed is to convey that
to PennDOT because they are involved in the construction
improvements on Rt. 202 as it is a state highway and this
effectively transfers the responsibility of that right-of-way to
PennDOT. The Township Traffic Engineer and he recommend that the
Board convey this right-of-way to PennDOT.
Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to
convey the right-of-way on Rt. 202 to PennDOT.
Mr. Bennett asked that we do have title to it?
Solicitor Garton replied yes.
MOTION was ADOPTED 5-0.
Farming Lease of Township Lane:
Solicitor Garton noted that for many years the Township leased a
small piece of land to Tex Peters, who farmed it. Mr. Peters has
retired and Denny Rickert, Jr. would like to farm it. He
prepared a lease agreement and if the Board is inclined to do so
it would be appropriate to approve the lease with Denny Rickert,
Jr. for a three-year period. It was noted that Mr. Rickert is
the son of former employee Denny Rickert, Sr.
Mr. Scarborough made a MOTION, seconded by Ms. Eisenhardt to
approve the lease agreement with Denny Rickert, Jr. for a
three-year period
Ms. Philo noted that the lease is a year to year renewal.
MOTION was ADOPTED 5-0.
2009 Road Material Bid – BC Consortium:
Ms. Philo made a MOTION, seconded by Ms. Eisenhardt to award
bids to the following firms for Road Materials:
Eureka Stone Quarry, Inc. $28,825.00
Hanson Aggregates/Penns Park $ 308.00
H & K Materials/Skunk Hollow $ 7,978.00
MOTION was ADOPTED 5-0.
Treasurer’s Report of March 17, 2009:
Mr. Bennett made a MOTION, seconded by Mr. Scarborough to
approve the Treasurer’s Report of March 17, 2009.
MOTION was ADOPTED 5-0.
Bills List of March 17, 2009:
Mr. Scarborough made a MOTION, seconded by Mr. Bennett to
approve the Bills List of March 17, 2009 in the amount of
$751,264.08.
Ms. Eisenhardt commented that the total amount for prepaid bills
was $751,264.00 and $647,422.15 are being prepaid before Board
approval, and she does not agree to it.
Ms. Lyons asked Township Manager to try and reduce the number of
prepaid bills.
Ms. Eisenhardt said anything except for payroll should not be
prepaid until the Board votes to approve it.
Solicitor Garton cautioned that policy may result in additional
expense.
Bill Wightman, Finance Officer, noted that he can provide the
reason as to why we are prepaying certain invoices and the Board
can decide whether to sign it or not.
MOTION was ADOPTED 3-2. Ms. Philo and Eisenhardt opposed.
ANNOUNCEMENTS:
Ms. Lyons announced the next meeting of the Board of Supervisors
is scheduled for Tuesday, April 7, 2009; No Child Left Inside -
Bucks County Coalition will host a community event, Turn Off,
Step Out, Tune In…To Nature on April 11, 2009 from 11 a.m. -2
p.m. The Annual Doylestown Township Golf Outing will be held on
June 8, 2009 at the Doylestown Country Club and all proceeds
benefit the Parks & Recreation System. On Saturday, April 4,
2009, the ribbon cutting for the trail will be held at Delaware
Valley College and also the Market by Shady Brook Farms at
Delaware College will have their grand opening.
Mrs. Bingler, resident, announced that Joe Edelman, former
member of the Township Water Department and long time resident,
passed away last night.
ADJOURNMENT: 8:20 p.m.
Respectfully submitted,
Stephanie Mason, Township Manager
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Respectfully submitted by
Stephanie J. Mason |
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