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The
Regular Meeting of the Doylestown Township Board of Supervisors
was held at 7:00 p.m. on Tuesday, March 18, 2008 at the
Doylestown Township Municipal Building, 425 Wells Road,
Doylestown, PA. Members of the Board of Supervisors in
attendance included Barbara Lyons, Chairman, E. Thomas
Scarborough, Jr., Vice Chairman, Barbara Eisenhardt, Cynthia
Philo and Jeffrey Bennett. 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
PRESENTATIONS:
Artifacts Realty:
Solicitor Garton said the applicant filed an application with
the ZHB for a use variance to permit a daycare in the C-1 zoning
district and other variances related to parking in the front
yard and allowing the placement of a fence for play equipment on
the side yard. The Board of Supervisors authorized his office to
attend the ZHB to be in opposition of the application.
John VanLuvanee, Attorney representing the applicant, presented
the plan to the Board, and indicated there are four tax parcels
owned by Artifacts Realty Partnership, and the daycare use is on
a 3.98 acre parcel with frontage on three roads. The proposed
building is 8,000 sq. ft. with four parking spaces proposed. The
variances we seek are for the use, parking in the front yard and
for a fence in the play yard and it is not encroaching in the
buffer yard. We had meetings with the adjacent neighbors and
addressed their concerns. We feel we have a proposal that would
best fit the Township.
Ms.
Eisenhardt asked how many EDU’s were allocated to the site?
Mr.
VanLuvanee replied we have not asked for a permit for the
system. We have done preliminary testing that determined four
suitable sites.
Ms.
Philo asked why a daycare in that location?
Mr.
VanLuvanee replied Malvern School is our proposed operator and
there are reps here this evening to answer any questions. His
client responded to the market and feel it is a good location
for a daycare.
Regular
Meeting
March 18, 2008
Ms.
Eisenhardt asked what differentiates the fact that it is called
a school versus a daycare.
Mr.
VanLuvanee replied it is licensed as a daycare center.
Diane Morgan, Director of Program and Professional Development
of the Malvern School, replied it is a childcare center and
private academic school.
Ms.
Lyons asked for any public comments.
James Bingler commented he and the neighbors have discussed this
with the developer and they were helpful to us with regards to
the buffer in the back.
Mr.
Knight commented our main concerns of line of sight were taken
into consideration by the developer.
Ms.
Lyons commented that Ms. Eisenhardt and Liz Vile, Recording
Secretary are taping tonight’s meeting.
Mr.
Scarborough made a MOTION, seconded by Ms. Eisenhardt to amend
their previous motion and leave this application to the
discretion of the ZHB and rescind their decision to have
Solicitor Garton appear before the ZHB in opposition to the
application.
MOTION was ADOPTED 3-2. Ms. Philo and Ms. Lyons opposed.
Blueberry Hill:
Robert Gundlach, Jr., Attorney representing the applicant
introduced Thomas Deignan, President of Carrollton Development
Group for the Blueberry Hill application and Matt, Jarmel,
Architect for the proposed tenant, The Learning Experience. He
presented the revised version of the plan that received land
development approval from this Board for the redevelopment. The
property is zoned C-2 and has approval for use as E14 shopping
center. The occupant is a daycare use called, The Learning
Experience, which is not an allowable use in the E14 shopping
center. Our options are to file an application to the ZHB or
file an application to this Board for a text amendment to amend
the E-15 shopping center use to allow the daycare use.
Mr.
Jarmel, Architect for the Learning Experience, explained to the
Board that The Learning Experience is a child development center
that is licensed by the State and provides educational services
to children from 6:30 a.m. to 6:30 p.m. He discussed traffic
peak hours of pickup and drop off of the children and indicated
that this is an ideal location for the childcare center.
Regular
Meeting
March 18, 2008
Mr.
Deignan explained that he has been successful in signing only
two leases: Citicorp and The Learning Experience, which is an
ideal use for the site. The architecture is indicative of the
remaining buildings onsite, it is protected by a tree buffer on
Almshouse Road and all children have direct access from inside
the school to the outside play area.
Mr.
Canales expressed concerns about the grading of the playground
as it is on the side of a hill.
Mr.
Gundlach replied we do not plan on making any radical deviations
from the existing grade and the meets and bounds of this
designated area do not encumber any of the woodlands.
Chief White noted the permanent housing for the Bucks County
Work Release Program is within 2,500 feet of this establishment,
and there are registered sex offenders in the prison system that
lives there.
Mr.
Gundlach replied this proposed facility will be a highly secure
facility. We are asking for the Board’s support for a text
amendment to the E-14 or their non-opposition to the application
to the ZHB.
The
Board expressed concerns regarding the Township’s Sex Offender
Ordinance that is in place which prohibits sex offenders from
living within 2,500 feet of a daycare center or school; the
traffic being impacted in a negative way and that the ordinance
prohibits the creation of a daycare center.
Mr.
Gundlach asked the Board to not send the Solicitor to the ZHB in
opposition of the application and let us present our case.
Doris Clegg, resident, commented that she prefers the Board is
represented by Solicitor Garton at the ZHB.
Solicitor Garton suggested that the Board not a make a decision
until they see the application and how these concerns are
addressed.
Ms.
Eisenhardt asked the applicant if they would be willing to go
before the Planning Commission.
Mr.
Gundlach replied we would if we receive zoning relief and need
amended land development. The applicant will file an application
to the ZHB with the appropriate documentation to confirm
compliance of the zoning requirements and submit that to the
Board to review and come back to the next meeting.
Solicitor Garton indicated that the playground issue needs to be
resolved.
Regular
Meeting
March 18, 2008
Mr.
Gundlach replied yes, that would be part of the application. We
would submit a plan that shows the area and shows compliance
with all of the previous plan approvals so that the only relief
that would be requested would be the use. After review by this
Board, we will ask the Board to agree to not send the Solicitor
in opposition.
VISITOR PUBLIC COMMENTS:
There were none.
ANNOUNCEMENTS:
Ms.
Lyons announced that the next meeting of the Board of
Supervisors is scheduled for Tuesday, April 1, 2008 and the
Doylestown Township Municipal Offices will be closed on Friday,
March 21, 2008 in observance of Good Friday.
APPROVAL OF MINUTES:
Mr.
Scarborough made a MOTION, seconded by Ms. Eisenhardt to approve
the minutes of the Board of Supervisors Regular Meeting of March
4, 2008.
Mr.
Bennett corrected Page 3, Paragraph 1 as follows: Mr. Bennett
said the volunteers may not be as reliable as paid individuals
and, that once the process starts; the failure to televise the
meetings could compromise the integrity of the Board.
Ms.
Eisenhardt corrected Page 2, Paragraph 8 as follows: Ms.
Eisenhardt made a MOTION, seconded by Ms. Philo to not send the
Township Solicitor to the ZHB conditioned upon the applicant put
in writing that they will have additional parking in reserve on
the land adjacent to Teversall.
MOTION as AMENDED PASSED 5-0.
CORRESPONDENCE:
Traffic Advisory Board:
Ms.
Lyons noted receipt of the resignation letter from Frank Dunlap
who is resigning from the Traffic Advisory Committee. The Board
accepted the letter with regret.
Interest in Appointment District 4:
Mr.
Scarborough made a MOTION, seconded by Ms. Philo to appoint
Carol Shugars to the Traffic Advisory Committee.
MOTION was ADOPTED 5-0.
Regular
Meeting
March 18, 2008
REPORTS:
Solicitor: No report.
Police Chief:
Chief White said the Fire Police Law requires the Fire Chief to
nominate members to the Board of Supervisors to become
authorized Fire Police Officers in our municipality. He asked
the Board to appoint the following members who were nominated by
the Doylestown Fire Company #1as Fire Police Officers in
Doylestown Township.
Ms.
Philo made a MOTION, seconded by Ms. Eisenhardt to appoint
Captain FP 19 Dennis Loux Sr., 1st Lieutenant FP 19-1
George Erb, 2nd Lieutenant FP 19-2 Dennis Michener,
Sergeant FP19-3 Mark Hamilton, Officer FP19-5 Samuel Cramer Sr.,
Officer FP19-6 Andrew McPherson, and Officer FP19-7 Gian Luiso
as Fire Police Officers in Doylestown Township.
MOTION was ADOPTED 5-0.
Ms.
Lyons recognized, on behalf of the Chief of Police, Detective
Frank Bochenek for a commendation for his investigative work.
Township Engineer: No report.
Manager:
Rt. 611 & Almshouse Traffic Light –
Dave Tomko, Pennoni Associates Inc., said as requested by a
resident, we evaluated the intersection of Easton Road and
Almshouse Road regarding the timing of the southbound left-turn
phase from Easton to Almshouse Roads.
We
observed the intersection during the a.m., mid-day, and p.m.
weekday peak periods and determined that the intersection is
operating in accordance with the current traffic signal permit
plan. The light was functioning properly; however, the timings
do not appear to coincide with the most recent permit plan for
all peak periods. The a.m. peak times were correct, but the p.m.
peak times were off by a few seconds.
We
recommend that this intersection be continually monitored to
insure that the traffic signal is at full optimization. We also
recommend that the Township pursue engineering and construction
to lengthen the southbound left-turn lane at Easton and
Almshouse Roads. (See memo attached to minutes).
Regular
Meeting
March 18, 2008
Ms.
Lyons asked for any public comments.
Rick Gaver, resident, commented that it has only been 14 days
since Mr. Lahr mentioned this problem, and most of the work was
done within a week and thanked Pennoni Associates for it.
Doris Clegg, asked for the last time there were counts taken at
the intersection of Rt. 611 and Almshouse.
Mr.
Tomko replied counts were taken in March, 2006, and the average
was 1,500 to 2,000 cars traveling in the peak hour.
Supervisors:
Ms.
Eisenhardt noted at the last meeting, Mr. Bennett asked what is
required for the Township’s minutes, and he should have a copy
of the Government Handbook. Referring to the Sunshine Law of
that handbook, Section 706 – Minutes of Public Meetings and
Records which states, “The date, time and place of the meeting;
the names of the members present; the substance of all official
actions and records by individual members; roll call votes
taken; and the names of all citizens who appeared officially and
the subject of their testimony.”
Mr.
Bennett agreed, and the revisions of the minutes of the February
19, 2008 meeting included all of the items listed in Section 706
of the handbook.
Ms.
Lyons said that handbook is also consistent with Roberts’ Rules
that the Board adopts every January as the method of minute
taking.
Ms.
Eisenhardt argued that Roberts Rules is the method that is used
to conduct the meeting, and the Sunshine Law determines what is
required for the minutes.
Ms.
Lyons agreed, and said they are consistent.
Ms.
Philo announced that on July 19, 2008 the Middle Bucks Institute
of Technology will have their Hazardous Household Waste
Collection Day from 9 a.m. – 3 p.m. She spoke with Brian Jetter,
Comcast regarding new equipment, but as per their agreement that
we have with various other Townships for cable lines, they have
spent all of their money for equipment.
Mr.
Bennett said we interviewed candidates for the Parks &
Recreation Advisory Board. He made a MOTION to nominate Susan
Reichwein to fill the vacancy for the Parks & Recreation
Advisory Board, seconded by Mr. Scarborough.
MOTION was ADOPTED 5-0.
Regular
Meeting
March 18, 2008
Mr.
Bennett said we have a vacancy on the Performing Arts Committee
and Susan Steinburg expressed interest. He made a MOTION to
nominate Susan Steinburg to the Performing Arts Committee,
seconded by Ms. Eisenhardt.
MOTION was ADOPTED 5-0.
NEW BUSINESS:
Land Development Extension – Central Bucks Family YMCA:
Ms.
Eisenhardt made a MOTION, seconded by Mr. Bennett to approve the
land development plan review extension for the Central Bucks
Family YMCA to May 30, 2008.
MOTION was ADOPTED 5-0.
Eastburn Tract:
Ms.
Eisenhardt made a MOTION, seconded by Mr. Bennett to approve the
land development extension for the Eastburn Tract to May 13,
2008.
MOTION was ADOPTED 5-0.
PECO Green Region Grant:
Ms.
Mason explained that this $5,000 grant from PECO is to build an
additional section in the Environmental Education Area. The EAC
indicated that in order to complete the project, the Township
will need to contribute $9,800. $3,000 was allocated from the
2008 budget and $6,800 will be needed from the 2009 budget for
the trail to be constructed and completed in 2009.
Mr.
Scarborough made a MOTION, seconded by Mr. Bennett to accept the
PECO Green Region Grant in the amount of $5,200.
Ms.
Philo asked will the EAC committee continue looking for funds
for this project?
Doris Clegg, EAC Chairman, replied we are looking for other
grants now.
MOTION was ADOPTED 5-0.
Regular
Meeting
March 18, 2008
Public Water & Sewer Advisory Committee:
David Blois, Chairman of the Public Sewer & Water Advisory
Board, said he provided two memos to the Board dated, March 7th
and March 18th. (See attached to minutes). He
explained that in 1997, the committee mailed a survey to
residences about on-lot-disposal-systems (OLDS). We had a 20%
response to the mail survey in which no conclusions or
recommendations were made from the information based on that
mail survey.
We
sent out a request for proposal to 13 firms and we had responses
from 11 firms. The base prices quoted varied from $129,342 to
$5,995 for the requested work. We recommend that the Board of
Supervisors award the contract to Boucher & James to conduct a
door-to-door visual survey of the Pebble Ridge area to assess
the functioning of the on-lot-disposal systems in that area. The
cost for this contract is $6,975. $5,995 is the base price plus
$980 for GIS mapping.
Mr.
Scarborough made a MOTION, seconded by Ms. Eisenhardt to award
the contract to Boucher & James to conduct a door-to-door visual
survey of the Pebble Ridge area to assess the functioning of the
on-lot-disposal systems in that area in amount of $6,975. $5,995
is the base price plus $980 for GIS mapping.
Ms.
Eisenhardt asked whether the Board of Health was asked to do
this survey for the Township for free. They did the last
inspection lot-by-lot.
Mr.
Blois replied they did a lot-by-lot survey in 1996, but we did
not ask them to do the survey for free.
Ms.
Eisenhardt commented that Township staff could do the GIS
mapping.
Mr.
Blois replied our committee feels the money would be well spent
to have it done by the engineers as opposed to staff.
Ms.
Lyons asked for any public comments.
Ed
Harvey, committee member, commented we included the GIS mapping
as one whole package and Boucher & James gave us a good price on
the project.
Mr.
Joe Krumenacker, committee member, agreed that it should be done
as one package.
Doris Clegg, commented that she does not feel staff is capable
of doing the GIS mapping.
Mr.
Bennett asked for the timing of this project.
Regular
Meeting
March 18, 2008
Mr.
Blois replied this will be done in the springtime and we will
have the results by early May.
Ms.
Lyons asked for the amount of respondents in the respective
wards from the 1997 survey.
Mr.
Blois replied the respondents were 1,280 in Ward 1, 783 in Ward
3 and 536 in Ward 4.
Ms.
Philo asked whether the committee was concerned that Boucher &
James’ proposal was a lot lower than the other proposals.
Mr.
Blois replied we assume because some of the work was already
done in 1998.
Genevieve Querin, resident, commented that it is possible that
some of these firms had to go outside for specific items so it
would be more expensive and that could explain the wide range
amounts of the proposals.
Ed
Harvey, commented that some of the firms did not understand the
scope of work for the project.
MOTION was ADOPTED 4-1. Ms. Philo opposed.
Ms.
Eisenhardt asked that the letter to be sent to the residents
should be from the Board of Supervisors collectively. Consensus
was that it be from the Chairman.
2008 Road Materials Bid:
Ms.
Philo made a MOTION, seconded by Ms. Eisenhardt to award of bid
to the following firms for 2008 Road Materials:
Eureka Stone Quarry Inc. $21,260.00
Hanson Aggregates $ 3,847.00
H &
K Materials $ 7,877.00
Plumstead Materials $8,006.16
MOTION was ADOPTED 5-0.
Bills List – March 18, 2008:
Ms.
Eisenhardt made a MOTION to TABLE this item until the next
meeting due to a question about a bill that should potentially
be discussed in an executive session relative to an employee.
Regular
Meeting
March 18, 2008
Solicitor Garton suggested conducting an executive session now.
The
Board held an Executive Session at 8:50 p.m. until 8:53 p.m.
Mr.
Scarborough made a MOTION, seconded by Ms. Eisenhardt to approve
the Bills List of March 18, 2008 in the amount of $743,024.12.
MOTION was ADOPTED 5-0.
ANNOUNCEMENTS:
Ms.
Lyons announced that the next meeting of the Board of
Supervisors is scheduled for Tuesday, April 1, 2008 and that the
Doylestown Township Municipal Offices will be closed on Friday,
March 21, 2008 in observance of Good Friday.
ADJOURNMENT: 8:56 p.m.
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Authored by Development Solutions