WARWICK TOWNSHIP

Board of Supervisors’ Public Meeting Minutes

JANUARY 18, 2005

 

 

Members Present:          Judith A. Algeo, Chair                            

                                    Edward P. Thompson, Vice Chairman                  

                                    Bert Parrish, Member

 

Others Present:              Gail Weniger, Township Manager

                                    Herb Geary, Township Engineer

                                    Mary Eberle, Township Solicitor

                                    Tom Scott, Assistant Manager/Planning-Zoning Director

                                    Linda Grant, Recording Secretary            

 

 

 

n       CALL TO ORDER:

 

The Warwick Township Board of Supervisors’ January 18, 2005 public meeting, held at Warwick Township Administration Office, 1733 Township Greene, Jamison, PA., was called to order at 7:05 p.m., by Chair, Judith Algeo, who then led attendees in the pledge of allegiance.

 

n       APPROVAL OF MINUTES:

 

1.       December 20, 2004 (exhibit)

2.       January 3, 2005 (exhibit)

 

Motion by Mr. Thompson to approve the Board of Supervisors’ public meeting minutes for December 20, 2004 and the January 3, 2005 Reorganization public meeting minutes, as submitted.

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

n       EXECUTIVE SESSION:

 

            Chair Algeo noted that the Board of Supervisors had met in Executive Session prior to this evening’s meeting to discuss open space and personnel matters.

 

n       CITIZEN COMMENTS: 

 

†      Warren Marley, Dark Hollow Road, presented the Board member with a petition and complaint document in reference to the mulch operation at K&D. Mr. Marley gave his opinion that the operation is not carried out properly, is not set up correctly and should not continue. 

 

            Chair Algeo said that the Township Solicitor will read the document and Mr. Marley will have a response in two weeks, at the next meeting.

 

 

 

 

January 18, 2005

page 2 of eight pages

 

 

 

n       MANAGER’S REPORT:

 

_ BCATO – voluntary contribution to legal defense fund (no exhibit)

 

            Gail Weniger, Township Manager, presented a request for a voluntary $100 contribution to the BCATO Defense Fund.  BCATO takes a stand in cases that would affect more than one municipality.

 

            Ms. Algeo noted she is the Treasurer of the Bucks County Association of Township Officials and that Warwick has historically supported the legal defense fund, in the event that Bucks County Association of Township Officials needs to join an amicus brief, (a friend of the court) for any superior court case.

 

Motion by Mr. Thompson to make a voluntary $100 contribution to the BCATO Legal Defense fund.

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

            At this time, Chair Algeo turned the meeting over to Vice Chairman Thompson.

 

n       SOLICITOR’S REPORT:

 

_ Heritage Creek Golf Course – Resolution of outstanding issues (exhibit)

 

            Mary Eberle, Township Solicitor, explained that this plan received conditional preliminary approval early last year.  An appeal was filed in response to some of the conditions.  The Township has been working with Mignatti  to resolve the issues on appeal.  At this point, both parties have reached a resolution of all outstanding issues on appeal.  As a final step before withdrawing their appeal to the Common Pleas Court, the applicant’s attorney, John

VanLuvanee,  is coming before the Board and confirm that the resolutions are agreed by both parties.

 

            John VanLuvanee, attorney for applicant, presented that Mignatti Co. had filed revised preliminary plans for Heritage Creek golf course that have been reviewed by CKS.  Mr. VanLuvanee referred to the CKS letter of December 10, 2004, which states conditions that have been addressed by the revised plans.   Mr. VanLuvanee states if conditions have been addressed to the satisfaction of the Township Engineer, the conditions should be removed.  Remaining conditions can be addressed by a stipulation amending the conditional approval.

 

            Ms. Eberle would prefer to enter a stipulation resolving the appeal instead of giving preliminary plan approval again.  Ms. Eberle feels the Board can confirm tonight, at a public meeting with minutes, what is acceptable and the applicant would withdraw the appeal.  Ms. Eberle notes that the following items are for discussion and review by the Board:

 

§         Path Surface – the Board of Supervisors agree that Mignatti can construct a boardwalk surface over the portions of the path that traverses the wetlands instead of a bituminous surface.  Mr. VanLuvanee said this has been addressed on the latest plan submission. 

 

 

 

January 18, 2005

page 3 of eight pages

 

 

 

§         Police Chief’s Concerns – CKS feels all issues except the length of the left turn lane have been addressed on the most recent plan.  Ms. Eberle notes applicant agrees that the left turn lane should be between 200 and 225 feet.  Mr. VanLuvanee said it is actually past that, the plan has been revised and the Township Engineer has approved. 

 

§         Utility Lines – the Board wanted to see evidence that applicant is actively pursuing the matter with PECO and will not consider this case resolved until that evidence is received.  Ms. Eberle reports that the Township has a letter from applicant making a request of PECO and this is something that will be followed up at final plan approval.  Mr. VanLuvanee states they have also given a letter to the Township to send to follow up on the request and the Township has had a meeting with InfoSource, which is PECO’s company that does design work.  Mr. VanLuvanee said PECO will consider utilities underground and Heritage will certainly show all utilities underground on the site, but PECO said they may go underground a couple feet on either side of the entrance but will not put everything underground.  Mr. VanLuvanee said although we have asked for it, and the Township has asked for it, there is no guarantee that PECO will agree.  Ms. Eberle notes that the Township wants utilities to be underground and it has been noted on the plan.  Mr. Thompson would like the Township represented at these meetings.

 

§         Berm Between Golf Course and Park – Ms. Eberle notes the Board would like some type of delineation between the park and the golf course and is agreeable to having the delineation located on the park property, the delineation must make the location of the property line clear.  Mr. VanLuvanee said the berm is on the property line at this point which delineates the golf course and the park clearly. 

 

§         Environmental Management Plan – Ms. Eberle noted the original condition stated the plan should be consistent with the Audubon plan.  There is some concern that meant it had to be the “same as”.  That was never the Township’s intent.  Mr. VanLuvanee states applicant agrees with that and understands.

 

§         Underground storm water system -  Ms. Eberle states the Board is of the opinion that an underground storm water management system is necessary where the lots of this development back up against the lots of the Heritage Creek Development (Stalder Tract).  Herb Geary, Township Engineer, notes it is on the plan that they have inlets and piping system to collect the storm water and is directed towards the Heritage Creek II development.  Applicant has complied.

 

§         Removal of Trees in the Sewer Easement - Mr. VanLuvanee said the engineer wants a note on the plan that we will notify him before any trees go down.  Ms. Eberle states there will be a provision in the development agreement that there will be a $1,000 fine for any tree removed erroneously.

 

§         Left Turn Lane – There seems to be no disagreement between the parties that the left hand turn lane on York Road will be between 200’ and 225’, as discussed under the Police Chief’s issues.

 

§         Water and Sewer Connection – Ms. Eberle notes that any revised plan should show or note the Water and Sewer laterals which will serve the park property, as required in the first amendment to the partial settlement.

 

            Mr. VanLuvanee referred to item #23 in Ms. Eberle’s letter of June 18, 2004, a declaration establishing the Homeowner’s Association to be submitted and recorded prior to final approval.  Ms. Eberle notes it cannot be recorded before recording the final plan.  Ms. Eberle

 

January 18, 2005

page 4 of eight pages

 

 

 

clarified that the plan should be on record and then the homeowner’s association documents, in that order.

 

            During discussion, Mary Eberle, Township Solicitor, notes the Board may grant revised preliminary approval in accordance with the terms of the CKS letter of December 10, 2004, or simply confirm their understanding of the conditions of the June letter is satisfactory.  Mr. VanLuvanee states applicant will withdraw appeal upon stipulation.  Ms. Eberle and Mr. VanLuvanee will work out items in stipulation. 

 

Motion by Mr. Thompson to authorize Mary Eberle, Township Solicitor to write a stipulation to resolve the Heritage Creek Golf Course appeal based on discussion this evening.

Second to motion by Mr. Parrish.

 

            Vice Chairman Thompson invited comment or discussion.  There being none, the vote was called.

 

Motion passed.

(E. Thompson, B. Parrish – in favor; J. Algeo – abstained)

 

            Gail Weniger thanked Mignatti for their donation of a generator for Tulip and York Road and for their assistance with providing materials for the Millbrook Society, at no cost to the Township.

 

            Ms. Algeo resumed her position as Chair.

 

_ Bucks County Country Club, Phase II – Dedication Resolution No. 2005-14 (exhibit)

 

            Mary Eberle, Township Solicitor, presented dedication of roads in Bucks County Country Club, Phase II.  Ms. Eberle notes that the Township Engineer has certified road improvements as completed, we have received title insurance policy, we have received the signed easements that were necessary, we have received a maintenance bond in the form we requested and this matter is before the Board for dedication of Augusta Drive, Deer Run Drive and Sawgrass Drive.      

 

            Ms. Algeo invited comment or discussion. 

 

Motion by Mr. Thompson to adopt Resolution No.  2005-14, Bucks County Country Club, Phase II dedication Augusta Drive, Deer Run Drive and Sawgrass Drive.

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

n       ENGINEER’S REPORT:

 

_               Spring Dance Hot Tubs (Daniel Sine), Escrow Release No. 2 (exhibit)

 

Herb Geary presented Spring Dance Hot Tubs, Escrow Release No. 2, in the amount of $35,599.00 for the Board’s approval. 

 

 

 

January 18, 2005

page 5 of eight pages

 

 

 

            Motion by Mr. Thompson to approve Spring Dance Hot Tubs, Escrow Release No. 2 in the amount of $35,599.00 (leaving a balance of $50,398.70).

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

_ Cavanaugh Tract, Escrow Release No. 8 (exhibit)

 

            Herb Geary, Township Engineer, presented Cavanaugh Tract, Escrow Release No. 8, in the amount of $43,102.50 for the Board’s approval.  Mr. Thompson questioned the release.  Mr. Geary noted it was mostly for landscaping.

 

Motion by Mr. Thompson to approve Cavanaugh Tract, Escrow Release No. 8

in the amount of $43,102.50 (leaving a balance of $86,815.30).

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

n       PLANNING/ZONING REPORT:

 

            Tom Scott, Planning/Zoning/Assistant Manager presented the following items for Board approval.

 

_ Rick’s Seafood  1992 York Road (tmp 51-3-86) sign request, corridor overlay           requirements (exhibit)

 

            Because there was no representative of Rick’s Seafood present, Ms. Algeo called for a motion to table this matter.

 

Motion by Mr. Parrish to table the matter of Rick’s Seafood, sign request re: corridor overlay requirements.

Second to motion by Mr. Thompson.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

           

_ Commonwydds II – discuss realignment of traffic signal at Kendarbren Drive and York                     Road (exhibit)

           

            Mr. Scott noted the Planning Commission has recommended approval of the installation of the intersection improvements and traffic signal at York and Kendarbren Drive, preliminary approval for Commonwydds II and conditional use approval.  Mr. Scott recommends that prior to discussion of conditional use, the Board of Supervisors discuss the proposed intersection and traffic light improvements.

 

 

 

 

January 18, 2005

page 6 of eight pages

 

 

 

            Mr. Sudfeld, attorney for applicant, displayed the Commonwydds II plan.  Casey Moore and Jen Walsh, from McMann Associates, prepared the traffic report, which has been revised to incorporate the Commonwydds side and the opposite side of the road. 

 

            Ms. Algeo noted that the Board is requesting this to be a brief presentation.

 

            Mr. Moore spoke of the timing of traffic lights along York Road from Ridge Road to Almshouse Road.  Mr. Casey spoke of several items regarding the traffic signal, such as progression of signals, whether a traffic signal is warranted and what type of safety issues, in terms of safety or improvements, would a traffic signal bring and does it add benefit to access alternatives.  Mr. Moore also referred to the traffic report as prepared by McMann Associates.    

 

            In response to a statement made during the presentation by Mr. Moore, Mr. Thompson asked how Mr. Moore can make the statement that the intersection of Almshouse and 263 does not work.  Mr. Thompson asked about hours of operation of the new office park.  Mr. Thompson does not feel that the people will walk to something over 1500 feet away.  Mr. Thompson does not see a need for another light and wants to know how it will benefit Warwick Township.

 

            Mr. Parrish does not feel that people will not accept changing traffic patterns in Genuardi’s.  Mr. Parrish also has never had a problem going out on Mill Road.  Mr. Parrish feels there is already a way to access to York Road on a right turn basis, and also agrees with some of Mr. Thompson’s opinions.

 

            Ms. Algeo feels a light is necessary there, specifically speaking of making a left turn coming out of the post office.  Ms. Algeo has some questions about the distance between the proposed light and existing lights.

 

            Kevin Wolf, Planning Commission chairman clarified that the Planning Commission is in favor of that light based on an interconnection between the two office parks.      

 

            Mr. Sudfeld is requesting more time to present the full report of the proposed traffic signal rather than a five- minute synopsis.  Ms. Algeo suggested that what applicant needs to do is give handouts to further explain the details.  Mr. Henry summarized the overall project and explained reasons this proposed traffic light is an advantage that looks to the future. 

 

            Ms. Algeo asked Mr. Sudfeld to give the Board of Supervisors whatever information they had previously given to the planning commission.

 

            Mr. Zuzzen, owner in Commonwydds, said he sees the traffic light as a benefit to the community. 

 

            Mr. Thompson asked how applicant stands with the interconnection.  Mr. Sudfeld notes that the Planning Commission has asked applicant to meet with other unit owners in Commonwydds and present the interconnection concept.  Applicant will present a plan showing possible future planning to help explain how all will tie together.

 

            There was discussion as to scheduling the conditional use hearing prior to presentation of the preliminary plan application.  Mr. Parrish questions whether the Board of Supervisors should review the preliminary plan prior to applicant’s meeting with Commonwydds owners. 

 

 

 

 

 

January 18, 2005

page 7 of eight pages

           

 

 

n       FINANCIAL REPORT:

 

            Ms. Weniger presented the bill payments for January 3 and January 18, 2005, as follows:

 

_ Bill Payments – January 3, 2005 (exhibit)

 

 

General Fund

check No. 10603 – 10641

$          90,311.74

 

 

Highway Aid Fund

check No. 2388 - 2390      

413.44

 

 

Parks & Recreation Fund

check No.  3020 - 3027   

8,289.,72

 

 

General Obligation Bond

check No. 128

1,000.00

                                                        TOTAL

$        100,149.90

 

_ Bill Payments – January 18, 2005 (exhibit)

 

General Fund

check No. 10643 – 10718

$          97,608.49

 

 

Highway Aid Fund

check No. 2391 – 2398      

6,559.31

 

 

Parks & Recreation Fund

check No.  3028-3037     

48,805.79

 

 

Capital Projects Fund

check No. 800-803

6,922.33

 

 

Open Space Fund

1,392.00

check No. 280

 

 

 

General Obligation Bond

check No. 129

500.00

                                                        TOTAL

$        117,787.92

 

Motion by Mr. Thompson to approve bill payments for January 3 and January 18, 2005, as prepared by Rose Christie, Finance Director and presented by the Township Manager, subject to audit.

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

           

 

 

January 18, 2005

page 8 of eight pages

 

 

 

n                 OLD BUSINESS:  There was no old business to discuss.

 

n                 NEW BUSINESS:  There was no new business to discuss.

 

n                 ANNOUNCEMENTS: 

 

            Ms. Weniger reminded that the Long Term Comprehensive Plan Committee will meet next Monday, January 24 at 7:00 pm, downstairs in the Park and Rec. offices.

 

            The next meeting of the Board of Supervisors will be in two weeks, Monday, January 31, 2005.  There is no meeting the first Monday in February, but there will be a workshop session on Tuesday, February 22.

 

n                 PUBLIC COMMENT: 

 

†      Carl Halter, Central Bucks School District thanked the Board of Supervisors and the Township for the tremendous effort to get the school open on time. 

 

            Mr. Thompson commented about how well the shared facilities use is working out.  Ms. Weniger said that we will be starting some adult programs in the Spring, a full day camp this summer and noted the information will  be in the next newsletter.

 

n                 ADJOURNMENT:

 

            The January 18, 2005, Warwick Township Board of Supervisors’ meeting was adjourned at 8:50 p.m.

                                                                                    Respectfully submitted,

 

 

 

 

                                                                        Gail V. Weniger,

                                                                                    Township Manager/Secretary

 

These minutes were approved at the

Board of Supervisors’ meeting held:  January 31, 2005