Board of Supervisors

Minutes from

May 5th , 2009

PRESENTATIONS:

Central Bucks Family YMCA –Teen Center:

Jason DePue, Associate Youth & Teen Director at the Central Bucks YMCA, introduced Kevin Crail and Eugene Smith, General Director, and noted on behalf of the entire YMCA staff, thanked the Board for their generous financial contribution to our Teen Center again this year. Your gracious giving from the Township over the past several years has played a key part in helping the Teen Center fulfill its obligation in providing a safe and fun environment for teenagers in our local community. We are open to all teens in the community free of charge during after school hours, and the reason this is possible is from receiving financial contributions such as the Township’s to assist with program supplies and staffing. The Center is supervised at all times to insure the safety of the communities’ young people. In 2008, during after school hours, teens walk through our doors, 3,347 times. The Teen Center also provides a creative outlet through our Friday night band jams and our new 2009 program, which is our Teen Leaders Group that is, comprised of 7-12^th graders representing10 different schools both public and private. To-date, we have 51 participants, who combined, have provided over 150 hours of community service. Our Leaders Group meets bi-weekly to discuss issues in the community.

This program is based on the following mission statement: The Central Bucks Family YMCA Teen Leaders is a program open to the community for teens in grades 7-12 that focus on building character and emphasizing the importance of community through discussion, team building activities and community service projects.

Team Leaders is just a stepping stone for more new and exciting programs that will put all of our communities’ youth in a positive environment so that they have the tools to make a positive impact on this community in the future.

Furlong Water Project – DEP:

Ragesh Patel, Manager of HSCA, Southeast Region for DEP, presented a map to the Board, and noted that DEP held a public meeting in January 2009 in this building and issued a statement on February 20^th stating that Edison Furlong Road will be served by public water. DTMA has requested $893,000 to do the work for this project and DEP has set aside the money from July 1, 2009 until December 31, 2009 and that money needs to be spent in that timeframe. After the work has been completed, we will do sampling as to what transpires to the plume with regards to what direction it is moving and/or how fast it is moving. The plume is not grossly contaminated and there are 38 homes to be connected with the proposed water line and the supply needs to come from Buckingham Township.

Once an inter-municipal agreement is in place the money will be available from July 1, 2009 until December 31, 2009 and, before then, we should tap-in and get this done.

Solicitor Garton noted residents expressed concern about having a well that is not polluted at the present time, but may be polluted in the future after DEP is finished with this project.

Mr. Patel replied we are hooking up all 38 residents in the plume area even though some of them are not contaminated.

Ms. Lyons noted that some residents expressed concern about the plume moving and affecting those who are not contaminated.

 Mr. Patel replied we will continue to monitor the area.

Ms. Lyons asked for any public comments.

James Bingler said he understands that 38 parts per billion is the highest contamination recorded in Pennsylvania so some of them have a lot of TCE. He asked about the estimate of $890,000 to relieve 38 homes. If the plume moves and six people down the road end up with TCE; will DEP extend the water line?

Mr. Patel replied yes. The estimate of $890,000 came from DTMA engineers.

Mr. Bingler asked if Buckingham is going to supply the water; why doesn’t the estimate come from Buckingham?

Mr. Patel replied that is between Doylestown and Buckingham Townships. From DEP’s standpoint, we need to get this done.

Mr. Bingler commented that we need a cleanup to be done and not let the plume travel. Money will not be spent for pumping or filtering. Is that correct?

Mr. Patel replied we will spend the money wisely to find contaminates. Our first priority is to take care of the residents.

Mr. Bingler clarified that DEP will always be here for residents to hook up.

Mr. Patel replied in 1992, we did a project similar to this in another Township and, as of last month, we took samples to make sure there were no contaminates.

Ken Snyder clarified that there is a difference between monitoring and hooking up future residents. Will DEP continue to monitor, and if DEP finds contaminate wells outside the 38 home are; will those residents be able to hook up at no charge?

Mr. Patel replied absolutely.

Mr. John introduced Richard Bach and Ed Harvey of DTMA, who are present this evening to the Board, and noted there are items to be addressed from the last meeting as follows:

Regarding the Furlong Ground Water Contamination Mitigation by Public Water, DTMA recommends that the Township approve DTMA to enter into agreement with Buckingham Township allowing DTMA to accept the right to own and operate a public water distribution system within certain areas of Furlong, Buckingham Township.

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve that DTMA to enter into agreement with Buckingham Township allowing DTMA to accept the right to own and operate a public water distribution system within certain areas of Furlong, Buckingham Township.

Ms. Philo referred to Total Public Costs of Connection outlined in Mr. John’s memo dated, revised, April 29, 2009; which project is that for?

Mr. John replied that project relates to the cost associated with the extension of the water main from Edison to Pools Corner in Furlong. That addresses the properties that would abut the proposed water main.

MOTION was ADOPTED 4-0.

Cross Keys Ground Water Mitigation by Public Water, DTMA recommends the Township approve DTMA to enter into agreement with Buckingham Township allowing DTMA to accept the right to own and operate a public water system within certain areas of Cross Keys, Buckingham Township.

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve DTMA to enter into agreement with Buckingham Township allowing DTMA to accept the right to own and operate a public water system within certain areas of Cross Keys, Buckingham Township.

Mr. Bennett asked is this project contingent upon being funded by the grant?

Mr. John replied yes.

Mr. Patel commented that funds have not been approved as we need to go through the process.

Mr. Bennett asked would the funding for the Cross Keys project be within the same timeframe as the Edison Furlong project or is it completely independent?

Mr. Patel replied it is a completely separate project with a separate timeline.

Mr. Bennett AMENDED the MOTION to clarify that the project is contingent upon the grant being received.

MOTION as AMENDED PASSED 4-0.

Water Main Extension from Edison Area to Furlong Area – Source Water, DTMA recommends the Township to approve a water main extension from Edison to Pools Corner to Furlong for the purpose of distributing potable water throughout the east side of the Township as the need arises to mitigate groundwater contamination especially in the Pools Corner and Furlong areas and to seek and accept grant funding should a grant be received by DTMA.

Ms. Lyons noted that DTMA applied for a state grant in the amount of $3.365 million from the H20 PA grant funds for water, sewer and stormwater infrastructure. If funding is granted, DTMA would need to fund the balance, which is $1.685 million. The goal of this project is for DTMA to provide its own source water to service these areas. The hookup charges of the homes would recapture about $8,000 of that $1.685 million. Is that correct?

Mr. John replied yes.

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve a water main extension from Edison to Pools Corner to Furlong for the purpose of distributing potable water throughout the east side of the Township as the need arises to mitigate groundwater contamination especially in the Pools Corner and Furlong areas and to seek and accept grant funding should a grant be received by DTMA.

Mr. Bennett clarified there is no mandatory connection for anyone who lives along those 200 parcels that will benefit by that line. Is that correct?

Mr. John replied yes.

Mr. Bennett said there is the possibility that DTMA could expend $1.685 million and not recapture any of the funds if any of those 200 property owners chooses not to hookup to public water.

Mr. John replied that is correct.

Ms. Philo asked Mr. John to clarify for the residents and the Board with regards to the sale of the home.

Mr. John replied there is no requirement for mandatory hookup under any circumstances right now.

Mr. Bennett clarified that this project is contingent upon receiving the funding.

Ms. Lyons asked for any public comments. There were none.

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

VISITOR/PUBLIC COMMENTS: None.

ANNOUNCEMENTS:

Ms. Lyons announced Swine Flu information is updated daily on www.readynotifypa.org. The next meeting of the Board of Supervisors is scheduled for Tuesday, June 2, 2009. The Township Administration offices will be closed on Tuesday, May 19, 2009 for Primary Election Day. Doylestown Township Board of Supervisors Special Meeting regarding a Police Matter – Administration Building, May 22, 2009, 10:00 AM. The Township Administration offices will be closed on Monday, May 25, 2009 in observance of Memorial Day. The Annual Doylestown Township Golf Outing – June 8, 2009 at Doylestown Country Club.

MINUTES APPROVAL:

Ms. Philo made a MOTION, seconded by Mr. Bennett to approve the minutes of the April 7, 2009 Board of Supervisors Meeting as submitted.

MOTION was ADOPTED 4-0.

CORRESPONDENCE:

War Memorial Field Memorial Plaque: Global War on Terror

Ms. Lyons noted we have correspondence from Libby White, Mayor of the Borough of Doylestown requesting our contribution of $200 for the installation of a plaque that will be officially dedicated on Memorial Day.

Mr. Bennett made a MOTION, seconded by Ms. Philo to approve the contribution of $200 for a memorial plaque honoring those who have given their lives in the Global War on Terror to the Borough of Doylestown.

Mr. Bennett said the funds should come from a specific budgeted item and not from the surplus or reserve.

MOTION was ADOPTED 4-0.

Ms. Lyons noted that Gaudelli Brothers, Inc. Mechanical Contractors, who are doing work for Neshaminy Manor, request a waiver of permit fees, which is about $4,300.

There was no motion. Request is denied.

Efficient Growth for Growing Suburbs (EGGS) Program

Ms. Lyons noted that Doylestown Township and Buckingham Township submitted a joint proposal to the Delaware Valley Regional Planning Commission under the Efficient Growth for Growing Suburbs (EGGS) Program for the Doylestown Township and Buckingham Township joint plan for efficient transportation management for the Rt. 263/313 corridors in the amount of $32,000 and our application was not selected to receive funding under this program.

REPORTS:

Solicitor: No report.

Township Engineer: No report.

Police Chief: No report.

Township Manager:

PA Energy Development Authority Grant:

Ms. Mason noted we have a request from the EAC to apply for a grant through DEP for funds to purchase and install solar panels at the Township building and the grant application requires a fee of $150; however, it is funded 100% via DEP if we receive the grant, which is in an amount between $700,000 and $900,000 for the project.

Mr. Scarborough made a MOTION, seconded by Ms. Philo to approve the allocation of $150 for the PA Energy Development Authority Grant application.

Mr. Scarborough noted that if we need power we have a two-way meter, which will draw power from PECO, but if we make more power than we need, we sell back to PECO so this is a win-win for the Township. This project is contingent upon getting the grant.

Ms. Zadell commented that she met with engineers and consultants about the solar panels and originally she thought it would save the Township about $700,000 over 25 years and now she feels it will be closer to $1 million.

Ms. Philo said the Borough of Doylestown met their goal and getting a solar panel for free so why are we not using their method in getting a solar panel?

Ms. Zadell replied when the EAC evaluated that program; they received a value of a $10,000 solar panel, but there are certain costs associated with it. Our EAC looked at it for our Township and the total cost for obtaining the $10,000 solar panel would be $144,000 so it was not free and cover 1% of our electric costs and the system we are looking at costs $600,000-$700,000 and cover 67% of our electric costs. This grant has no matching requirements and it is a better deal.

Ms. Philo asked about residents signing up for alternative energy.

Ms. Zadell replied we contacted PECO and found out how many residents are signing up for renewable energy and wind energy and it is about 5%.

MOTION was ADOPTED 4-0.

SUPERVISORS:

Mr. Bennett thanked Karen Sweeney and her staff for the Touch-A-Truck event on Saturday. It was a great event.

Ms. Philo noted that the four Supervisors here this evening attended the PSATS Conference in Hershey and one of the sessions was about Bio Brand Products for new roadways, which is a biodegradable road substance. It’s paving material that is organic, smells like oranges and does not harm the environment. There is a new Smart Transportation Guide Book that she will give the Traffic Committee.

Ms. Lyons commented that Ms. Philo lead a meeting on Townships over 10,000 and did a nice job and Ms. Mason teaches courses there as well. We will run the show Down the Drain Septic Systems on our cable station.

Mr. Scarborough thanked those who helped plant trees on Saturday, April 25^th at Turk 1 and 2. We planted 63 Evergreen trees that day and Ms. Lyons and Ms. Mason worked very hard that day. We received a citation from the Pennsylvania Forestry Department and we will become Tree City USA again for 2009 for our work on Arbor Day. This Saturday is the 2009 Spring Yard Waste Collection held by Allied Waste at the Delaware Valley College site.

PUBLIC HEARING:

Proposed Zoning Ordinance Amendment – Adult Oriented Uses:

Solicitor Garton noted at the direction of the Board, this was advertised for consideration tonight. The proposed ordinance would create the adult oriented use within the Township and provide definitions, criteria and restrict those kinds of uses to areas that are zoned C-1 and C-2 by conditional use. It also provides that no such use can be within 400 feet from any residential use or district; public or private school; recreation facility; church facility, etc. There are two locations within the Township where such a use can be located: Cross Keys in the commercial district and south on Rt. 611 in that commercial area. A copy of the ordinance has been sent to the Bucks County Law Library, comments have been received from the County and Township Planning Commissions and both recommend approval.

Mr. Scarborough made a MOTION, seconded by Ms. Philo to adopt the Adult Oriented Use Ordinance.

Mr. Bennett said the ordinance does not need to be re-advertised as changes made by the County Planning Commission were deminimus. 

Solicitor Garton replied that is correct and those changes have been made.

Ms. Lyons asked for any public comments. There were none.

MOTION was ADOPTED 4-0.

NEW BUSINESS:

Eagle Scout Proclamations:

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve the Eagle Scout Proclamation of Adam Edward Johnson of Troop 6 to be awarded rank of Eagle Scout on May 9, 2009

MOTION was ADOPTED 4-0.

Ms. Philo made a MOTION, seconded by Mr. Bennett to approve the Eagle Scout Proclamation of Matthew R. Johnson of Troop 71 to be awarded Eagle Scout on May 30, 2009.

MOTION was ADOPTED 4-0.

2009 Pipe and Inlet Bid:

Ms. Mason noted we participated with the Bucks County Consortium on the storm inlet materials bid and Mr. John recommends awarding bid to Chemung Supply Corporation in the amount of $18,419.05; Commonwealth Precast, Inc. at $10,575.00; and Kennedy Culvert at $2,162.50. Funds are budgeted in our state liquid fuels account accordingly.

Ms. Philo made a MOTION, seconded by Mr. Scarborough to approve award of 2009 Pipe and Inlet bid to Chemung Supply Corporation for supply and delivery of storm sewer materials in the amount of $18,419.05; Commonwealth Precast, Inc. for supply and delivery of storm sewer materials in the amount of $10,575.00; and Kennedy Culvert for water materials in the amount of $2,162.50.

Mr. Bennett said the award of these bids does not constitute the entire expenditure of that state liquid fuels fund. There will be additional expenses to be charged to that account. Is that correct?

Mr. John replied yes.

Performing Arts – Sounds of Summer Fireworks:

Ms. Mason noted the Performing Arts Council requests approval for fireworks presentation at the Wednesday, July 1^st performance with a rain date of July 5^th. They secured sponsorship from Wegmans ($3,000) and Beneficial ($2,000) to cover the cost of the fireworks.

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve the fireworks presentation on Wednesday, July 1^st by the Performing Arts Council.

Ms. Lyons asked for any public comments. There were none.

MOTION was ADOPTED 4-0.

Zoning Hearing Board Application of Dr. H. Eves, 150 Pine Run Road – Request for a Variance:

The consensus of the Board was to leave this matter to the Zoning Hearing Board.

Land Developments Review Extensions:

Thompson Organization – Preliminary Land Development Review Extension:

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve extension request by Thompson Organization for their preliminary land development plan until June 30, 2009.

MOTION was ADOPTED 4-0.

Doylestown Hospital Pavilion Addition – Preliminary/Final Land Development:

Solicitor Garton noted the applicant submitted a preliminary final land development plan for the construction of an addition to the Pavilion Office building of approximately 35,000 sq. ft. located on the Doylestown Hospital complex. The plans were prepared by Boucher & James, Inc. dated, February 27, 2009, revised, April 9, 2009. Landscape plans were prepared by Carter Van Dyke Associates, dated, February 26, 2009, revised, April 8, 2009. He asked the applicant to give a brief presentation of the plan.

Mark DePrucio, Anchor Health Properties, said the proposal is an expansion that will result in a full and complete cancer treatment center at the hospital. If this is approved, radiation treatment will be offered at the hospital.

The proposal is to add a 35,000 square foot addition to the existing pavilion with three stories with approximately 10,000 sq. ft. on each story. The first floor will be dedicated to radiation treatment, second floor will be doctor offices, and the third floor dedicated to chemotherapy treatment. The University of Hospital will be the tenant on the entire first floor. No change of traffic movement on the property, and the building will cover up some of the parking, but with the addition of the parking garage and temporary parking that will become permanent; parking numbers are 1790 required; shown on the plan are 1,898.

Solicitor Garton noted the following conditions to the plan: Compliance with the Pickering Corts & Summerson Review letter dated, April 16, 2009 and the applicant requested two waivers. One is a waiver for the requirements of showing all of the wells and water courses within 400 feet of the property and Township engineer recommends approval. A waiver from Section 153-20E – Traffic Impact Study - the hospital engaged the Township Traffic’s Consultant to design the entranceway and the recommendation is to waive the traffic impact study. Compliance with Pennoni Associates’ report dated, April 23, 2009; compliance with the Bucks County Planning Commission letter dated, March 31, 2009; compliance with EAC memo dated, April 22, 2009; receipt of all permits and approvals from any agencies having jurisdiction over such matters including the Bucks County Conservation District; Bucks County Water and Sewer Authority;

DTMA; and PennDOT. The applicant will develop an internal signage plan reviewed by the Township prior to final implementation.

The applicant will reimburse the Township for all expenses incurred in connection with the application including engineering review fees; attorney fees, etc. The applicant will provide funding for execution of development financial security agreements.

Mr. DePrucio said there is one modification to the plan, and gave copies to the Board. The construction initially proposed to have lead bricks for the linear accelerator treatment area. If they use thicker concrete walls; the wall will be 2 feet more and the walls will be approximately 4 feet thick of concrete. By using concrete as opposed to lead is a $350,000 savings. There is a large mature tree onsite and the Township engineer believes that tree may die because of work being done within the drip line of the tree. The landscape architect for the hospital believes that tree will survive. Instead of taking the tree down, we propose to leave the tree in place and, as a condition, if the tree dies, we will follow the Township’ replacement standard.

Mr. Canales said that his office does not agree with that assessment. We believe that this tree will die, but not immediately, probably over a 5-6 year time period, which is beyond the monitoring that the hospital is proposing. We believe with minor grading changes or some type of tree well the tree can be saved or replace it now.

Mr. Monti said we are amenable to discussing a tree well around the base of the tree.

Ms. Philo commented that it is better to plant another tree now.

Mr. Canales said we can work with the hospital’s engineer to come up with a plan for the tree.

Solicitor Garton said approval would be modified to reflect the change to the extent that the building will be concrete and not lead bricks. Additional condition is that the tree will remain subject to when the Board signs Mylar for recording the Township Engineer and the hospital resolve the issue of how to grade or provide a tree well to save the tree. If the tree does not survive, the hospital agrees to replace the tree with an appropriate tree. He asked the applicant if they agree to those conditions.

Mr. DePrucio replied yes.

Ms. Philo asked what is the safety factor for using concrete versus lead brick?

Mr. DePrucio replied we can use either or, but there is a significant cost savings in using concrete. The Township Engineer made comment about a fee-in-lieu for the two waivers.

Solicitor Garton replied a fee-in-lieu-of would make no sense for the additional work needed to show any features and since the hospital retained the Township Traffic Engineer a fee-in-lieu-of is not needed for a traffic study. He asked Mr. DePrucio if he accepts all of the conditions on behalf of the applicant.

Mr. DePrucio replied yes.

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve the Doylestown Hospital Pavilion Addition – Preliminary/Final Land Development plan subject to conditions mentioned by Township Solicitor.

Ms. Lyons asked for any public comments. There were none.

MOTION was ADOPTED 4-0.

Doylestown Hospital Pavilion Addition – Planning Module

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve the planning element for public sewer associated with the Doylestown Hospital Pavilion Addition – Preliminary/Final Land Development project.

MOTION was ADOPTED 4-0.

Temple Judea – Preliminary Land Development:

Mr. Bennett noted that he will recuse himself from discussion and vote of this application.

Solicitor Garton noted the Temple Judea project began with an Application filed with the ZHB in 2001 wherein the Temple requested a special exception and several variances. A hearing was held on June 18, 2001 and the Zoning Hearing Board rendered a decision on July 17, 2001. The decision approved the special exception and granted certain variances which Decision was subject to a variety of conditions including limitations on social functions, buffering requirements, and the utilization of BMPs on site including porous paving. The decision also included restrictions with respect to exterior lighting, impervious surface, and the other normal and customary conditions. The decision of the Zoning Hearing Board was appealed by the Township and others. The Commonwealth Court remanded the matter back to the Zoning Hearing Board to address the issue of hardships as it relates to the variances. A subsequent hearing was conducted before the Zoning Hearing Board and a decision was rendered on June 21, 2004. The decision again granted the variances but added additional conditions beyond those which had been included with the original decision. Those additional conditions included that an area on the subject property adequate to accommodate an additional 25 parking spaces shall be reserved as open space; landscape plan for the reserved area should be submitted as part of the land development; and the additional 25 parking spaces would not be constructed immediately but would be held in reserve. No appeals were filed from the Decision rendered after the matter was remanded by the Commonwealth Court..

Before the Board, is the land development application filed by Temple Judea pursuant to the Subdivision and Land Development Ordinance where in the Temple seeks Township approval to construct the place of worship and other improvements. The plan relates to tax parcel 9-28-38. The site is proposed to be served by on-site water and on-site septic systems. The plans submitted were prepared by Gilmore & Associates, dated, April 30, 2008, were last revised, April 22, 2009. Also submitted were landscape plans prepared by Wells Appel, dated, October 30, 2008 and last revised, April 23, 2009. The Applicant is seeking preliminary land development approval.

Gia Raffaelli, Esquire, representing the Applicant, made a presentation wherein she noted that the site is approximately 8 acres in size and is located along Rogers Road and is located in the R-1 Zoning District. She explained that the Temple proposes to put a place of worship that contains approximately 18,000 sq. ft. and also the Temple is proposing to construct 175 parking spaces. The plan shows 25 potential additional parking spaces if necessary in the future. In addition to the building and parking lot, the Synagogue will have a play area and two (2) stormwater management basins. She said that public water may be available by the time construction begins and the Temple agreed to revise their plans accordingly. She stated that the land development plan is a by-right plan as no waivers or variances are being requested other than what has been granted by the Zoning Hearing Board.

Solicitor Garton noted that in order for the Board of Supervisors to approve this Application, the decision tonight must be unanimous by the three members of the Board who are participating in these proceedings. Mr. Garton continued by stating that Mr. Bennett recused himself and Ms. Eisenhardt is absent.

Mr. Garton noted there were several issues that needed to be discussed with the Board of Supervisors prior to the Board making any decision on the Application. One of the issues that required a decision by the Board of Supervisors before considering any plan approvals is whether the Board of Supervisors desired to accept the dedication of the ultimate right-of-way along Rodgers Road. Phil Wursta, the Traffic Engineer form Pennoni & Associates, recommended that the offer of dedication remain. Solicitor Garton suggested that it might be appropriate to defer the decision as to w3hether to accept the offer of dedication until consideration of final plan but to make it a condition of any preliminary plan approval that the offer of the additional right-of-way be made by the applicant. Mr. Wursta indicated that the same objective could be accomplished by placing a note on the plan which could extend the determination as to when the Township would accept dedication to a date in the future.

Solicitor Garton also noted that the Board of Supervisors needed to determine the extent of any improvements to be made to the storm water system on Valley Drive as referenced in item #9 on page 3 of the Pickering, Corts & Summerson review letter. Mr. Garton asked Mario Canales, the Township Engineer, to explain

Mr. Canales explained that there is an existing storm sewer system in Valley Drive and Temple Judea is connecting to that system. The Temple has designed the system on Rogers Road in accordance with Township requirements. The existing system in Valley Drive does not meet current Township requirements. It is undersized. The Applicant has made calculations and analysis and recommends that the system in Valley Drive remain as is currently constructed. Mr. Canales commented that his office had reviewed all the information submitted by the Applicant and his office agrees with that recommendation. He reported that there is a certain amount of stormwater getting to that system and after the development of this site by the Temple, the amount of water will be a little less. He reported that if the pipe sizes are increased, it will increase the velocity of the water downstream which could lead to additional erosion in the streams along Valley Drive. He stated that he does not believe the current system will get any worse than it is today with this development and suggested it be left as is and simply be monitored.

Solicitor Garton also brought to the attention of the Board another issue that needed to be determined during the discussion concerning the project. That decision was the Applicant’s request to clear the area for future parking during the initial phase of construction.

Ms. Raffaelli referred to the area identified as future parking and said the reason why the Temple would like to clear it now is so that it wouldn’t have to be disturbed twice and also there would be less expense to do it as part of the overall project and in the future.

The consensus of the Board was to agree with that request.

Mr. Garton continued that the applicant would like to use two plant species that are not on the recommended list. They are Autumn Sunset and Carolina Allspice. The Board of Supervisors had no objection to the substituted plant species.

During the discussion concerning the appropriate conditions, Ms. Philo expressed concerns about the traffic light as the Traffic Committee had not looked at it. She thought it appropriate to come up with a workable plan. Solicitor Garton asked about the deferring the issue until final plan because the Township will need input from others, including residents, to resolve that matter. Ms. Philo agreed, however, she mentioned she still has issues with the Pennoni report.

Ms. Philo commented that she would like to see the Temple, the residents, Mr. Shafokowitz’s client and the Township hold public discussions regarding the future of Rogers Road.

Ms. Lyons asked for any public comment. David Shafkowitz, Esquire, an attorney representing an adjoining property owner, asked how will the condition related to the traffic light be worded and what steps will be taken to effectuate that condition in terms of coming to a solution on that issue as it relates to other property owners.

Solicitor Garton replied the condition will be worded such that the Temple commits to the cost of the traffic light subject to the recapture; however, the decision whether to install a traffic light or close Rogers Road or to install traffic calming measures will be reserved between now and final plan. 

Mr. Shafkowitz said the Township Traffic Engineer had proposed a traffic light and not the Applicant; was he correct?

Mr. Garton replied that the request for the traffic light is in the Township Traffic Engineer’s report. 

Mr. Shafkowitz said that report places the cost of that traffic light, if installed, on the applicant. Is that correct?

Mr. Garton replied yes, with the understanding there will be a recapture so that if anyone else benefits from the traffic light there will be appropriate cost sharing which will be subject to a recapture back to the Temple.

Mr. Shafkowitz said he understands the Township does not have an Act 209 Study in place. Is that correct?

Mr. Garton replied he does not believe so.

Mr. Shafkowitz said without the Act 209 Study how do you effectuate the ultimate recapture of that light?

Mr. Garton replied by the process of approving this plan and dealing with that issue when the next applicant presents plans that affect this area. The process with respect to Rogers Road, traffic signals, closing Rogers Road, and traffic calming will be the subject of discussions between the Township, residents, Applicant and Mr. Shafkowitz’ client because he owns the adjoining property.

Mr. Shafkowitz expressed concern that if those discussions do not take place that the Synagogue has to put the light in.

Ms. Lyons assured Mr. Shafkowitz that those discussions will take place.

Mr. Shafkowitz said regarding the Valley Drive storm sewer system, which is undersized pursuant to Township specs, that his client’s development will connect to that system and it was a prior condition of a prior approval related to the Grasso tract that required that system to be upgraded.

Mr. Canales replied not the storm sewer system. There is a system of swales that ties into the Levering Mills project that the developer committed to upgrade.

Mr. Shafkowitz said he thought there was prior approval from the previous owner with the same condition that addresses that issue.

Mr. Canales replied yes, they did.

Mr. Shafkowitz asked is that approval still valid?

Mr. Garton replied that approval has lapsed because it has not been effectuated within the time limits.

Mr. O’Malley clarified that the meetings related to the traffic issue will be public and that residents will be invited.

Ms. Lyons replied that the meetings will be public and the residents will be invited.

Mr. O’Malley asked if residents will need their septic tanks pumped out more often because of excess water.

Mr. Canales replied they are not getting more water. They will have the same amount of water that is there now.

Mr. Bingler expressed concern about the width and height of the buffer.

Mr. Canales replied a 30 ft. wide buffer would be placed around the parameter of the site. They are utilizing the existing vegetation and trees in that buffer. All of the new buffer material has been moved forward to be adjacent to the parking lot. All plantings along the parking lot will be placed as required by the Zoning Ordinance.

Ms. Raffaelli agreed to discuss the buffering further with Mr. Bingler.

Mr. Canales commented that the plan meet the requirements of Section 175.21 related to buffer and the buffer has to be a minimum of 6 ft. high. Two years after planting, if there are gaps or trees that die, they will be replaced and moved and additional vegetation will be planted to provide the screen that is required.

Mrs. Bingler expressed concern about trees being endangered by an oriental bittersweet vine, and many of the trees providing some type of buffer will not be there forever.

Ms. Raffaelli replied that as the Ordinance is written, that the Temple cannot destroy the vines, which are part of the woodlands.

Ms. Lyons added that the Township will look into it.

Ms. Raffaelli continued that if the Township enacts a change in the Ordinance, the Temple will take down the vines.

Mr. Bingler asked why are there different size buffers?

Mr. Canales replied that the landscape architect looked at it and it meets the Ordinance.

A resident asked if this plan is approved this evening; where does it go?

Mr. Garton replied the Applicant will work on the conditions of approval including issues reserved until final and submit final plans for consideration by the Board.  

A resident expressed concern about the Synagogue’s kindergarten program being an accredited program.

Ms. Raffaelli replied we have a nursery school/kindergarten, which is a Jewish religious education and open to the public; however, she does not know whether the accreditation means anything or not.

Mr. Garton added that in order to be accessory it has to be religiously oriented. It has to be operated and related to the worship and religious nature of this facility.

A resident asked will it be expanded to first or second grades.

Ms. Raffaelli replied no. The Temple has agreed to not having services and/or large functions out in the parking lot; however, it is traditional throughout certain times of the year to have small services outside near the building.

Mr. Garton asked what area that would be limited to.

Ms. Raffaelli referred to the plan and indicated the grassy area near the building.

Mr. Garton clarified that the area would be the area between Rt. 263 and the entrance to Rodgers Road nearest to 263 adjacent to the religious building.

Ms. Philo asked about the dates for those outside services.

Rabbi Gary Pokras replied that they follow a Hebrew calendar and the dates do not line up from year to year.  Outside worship is done during a festival that is after the High Holy days usually in the fall.

Solicitor Garton noted the conditions of the preliminary plan are as follows:

1.                  Compliance with Pickering Corts & Summerson report dated, April 28, 2009;

2.                  Compliance with decisions rendered by the ZHB on July 17, 2001 and June 21, 2004;

3.                  The approved plans offered for dedication the ultimate right-of-way along Rogers Road but the Board of Supervisors deferred until the consideration of the final plan whether the Township desires to accept the offer of the dedication of the ultimate right-of-way along Rogers Road;

4.                  The Board of Supervisors agrees with the recommendation of the Township Engineer that no improvements need be made to the stormwater system on Valley Drive as referenced in item number 9 on page 3 of the Pickering, Corts & Summerson report;

5.                  the Board of Supervisors agreed to approve the plant substitutions noted in   Paragraph 13 in Pickering Corts & Summerson report;

6.                  Compliance with Pennoni report dated, May 1, 2009 including the agreement on the part of the Applicant to pay for the cost of design and installation of a traffic signal at the intersection of Rt. 263 and Rogers Road with the understanding that if the Township and Applicant will execute a recapture agreement so that the other developers who would benefit by the traffic light well be asked to contribute so as to reimburse this Applicant for certain of the cost; but it was a condition of the approval that the decision as to whether the township desires to require the Applicant to design and install the traffic light, or install traffic calming elements, or the Township decides to close Rogers Road shall be deferred until consideration of the final plan;

7.                  The Board of Supervisors directed that public meetings be held as often and as promptly as possible involving representatives of the Township, representatives of the Applicant, representatives of any neighboring property owner and the residents in order to continue the discussions concerning traffic issues involving Rogers Road, including whether a traffic light is appropriate;

8.                  Compliance with EAC memo dated, April 22, 2009 with the understanding that the Applicant’s response to same has been set forth in a letter from Gilmore & Associates dated, April 30, 2009;

9.                  Receipt of all permits and approvals from any agencies having jurisdiction over this matter including the Bucks County Conservation District, PennDOT, DEP, and the Board of Health.

10.              The applicant to continue to work with the Township on the following open issues:

a)      Lighting.         Applicant agreed to determine if it was appropriate to reduce the height of the proposed parking lights and also, the Township needed to assure itself that the circuits for the outside lighting that are noted on the approved plan will function so that not all of the lights in the parking facilities need not to be on or off at the same time;

b)      Buffer.                        The Applicant to work with the residents and the Township to make certain that the buffer to be installed between the Applicant’s facilities and the adjoining residences is in compliance with the Subdivision/Land Development and Zoning Ordinances of the Township and also that after the buffer has grown in, that the buffer meets the objectives of the Ordinance;

c)      Use.                 Applicant agreed that no outside or third party entities may make use of their property or facilities and that the Applicant shall conduct no outside services except in the cartilage area around the Synagogue which was defined as that portion of the site located easterly of the access driveway from Rogers Road which is closest to Route 263;

11.         Compliance with the Bucks County Planning Commission report dated, January 5, 2009;

12.         Compliance with report received from the Bike/Hike Committee dated November 18, 2008; and

13.         Compliance with the Code Enforcement letter dated, December 9, 2008.

Mr. Garton asked Ms. Raffaelli if she agrees to those conditions on behalf of the Applicant.

Ms. Raffaelli replied yes.

Mr. Scarborough made a MOTION, seconded by Ms. Philo to approve preliminary plan approval for the Temple Judea Land Development Plan subject to conditions set forth by the Township Solicitor.

MOTION was ADOPTED 3-0. Mr. Bennett recused himself.

TREASURER’S REPORT:

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve the Treasurer’s Report for April 21, 2009.

MOTION was ADOPTED 4-0.

BILLS LIST:

Mr. Scarborough made a MOTION, seconded by Mr. Bennett to approve the April 21, 2009 Bills List in the amount of $896,200.03.

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

ANNOUNCEMENTS:

Ms. Lyons announced that the next meeting of the Board of Supervisors is scheduled for Tuesday, June 2, 2009. The Township Administration offices will be closed on Tuesday, May 19, 2009 for Primary Election Day. Doylestown Township Board of Supervisors Special Meeting regarding a Police Matter – Administration Building, May 22, 2009, 10:00 AM. The Township Administration offices will be closed on Monday, May 25, 2009 in observance of Memorial Day. The Annual Doylestown Township Golf Outing – June 8, 2009 at Doylestown Country Club.

ADJOURNMENT:               9:09 p.m.

Respectfully submitted,

Stephanie Mason, Township Manager

sev