WARWICK TOWNSHIP

Board of Supervisors’ Public Meeting Minutes

JULY 5, 2005

 

 

 

 

Members Present:          Judith A. Algeo, Chair                            

                                    Edward P. Thompson, Vice Chairman                  

                                    Bert Parrish, Member

Others Present:              Gail Weniger, Township Manager

                                    Dave Connell, Township Engineer

                                    Mary Eberle, Township Solicitor

                                    Tom Scott, Assistant Manager

                                    Linda Grant, Recording Secretary

                       

 

 

n       CALL TO ORDER:

 

The Warwick Township Board of Supervisors’ July 5, 2005 public meeting, held at Warwick Township Administration Office, 1733 Township Greene, Jamison, PA., was called to order at 7:00 p.m., by Chair, Judith Algeo, who then led attendees in the pledge of allegiance.

 

 

n       APPROVAL OF MINUTES:  

 

_ June 6, 2005, Public Meeting Minutes (exhibit)

_ June 20, 2005, Public Meeting Minutes (exhibit)

_ June 25, 2005, Road Tour Minutes (exhibit)

 

Motion by Mr. Thompson to approve the Board of Supervisors’ minutes from the June 6, June 20 Board of Supervisors’ public meetings and the June 25, 2005 Road Tour, 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       CITIZEN COMMENTS:  

 

†      Tom Van Houten, 2112 Ashton Drive, spoke of concerns that lights will be shining directly into his home from the Morrison / Nestlewood project.  Ms. Algeo suggested that Mr. Van Houten contact Tom Scott to look into this. 

           

†      Taylor Oughton, Dark Hollow, questioned why he was not notified prior to the Ridings at Warwick being heard at the Planning Commission, per page 5, item #13 of the adjudication.  Mary Eberle, Township Solicitor, noted that the applicant did not comply with the adjudication, but will be here this evening and able to address the matter. 

 

 

July 5, 2005

page 2 of eight pages

 

 

 

†      Michael Cryne, 2830 Dark Hollow Road, said that Dark Hollow Road needs speed control and notes there is one sign for 35 mph, while Mr. Cryne feels the limit should be 25 mph.  Gail Weniger, Township Manager, will discuss this with Police Chief Costello.   

 

 

n        MANAGER’S REPORT:

 

_ Banking Services (exhibit)

 

            Ms. Weniger presented RFPs for banking services.  Ms. Weniger reported that the Financial Advisory Committee recommended Commerce Bank at 4% interest.  The Finance Director agrees with the recommendation for the majority of funds, but would like to stay with First National and Huntingdon Valley, citing the number of accounts to change and the current relationships with these banks in her memo.  Ms. Weniger agrees with the recommendation of the Finance Director, but feels that it should be re-evaluated in a year and if everything is working well, then go with the full recommendation of the Financial Advisory Committee. 

 

            Ms. Weniger also notes that the Parks and Recreation Director commented that he appreciates contributions from Huntingdon Valley Bank and First National Bank for Warwick Day and all Warwick activities. 

 

Motion by Mr. Thompson to transfer PLGIT funds to Commerce Bank and keep other funds in place at First National Bank of Newtown and Huntingdon Valley Bank, as recommended by Rose Christie, Finance Director. 

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ Resolution No. 2005-30, Halderman Conservation Easement (exhibit)

 

            Ms. Weniger reported that this acquisition is about 8 acres which is part of a bigger property which the County has already preserved.  Ms. Weniger stated that authorization is required for the expenditure of $210,000 and execution of documents for settlement on the property.

 

Motion by Mr. Thompson to authorize the expenditure of $210,000 for the development rights on the Halderman property, tmp No. 51-017-029-1, and to authorize execution of settlement documents.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ Bill Payments for June 20, 2005, (exhibit)

 

            Ms. Weniger presented Bill Payments for June 20, 2005, as follows:

 

 

 

 

July 5, 2005

page 3 of eight pages

 

 

General Fund

check No. 11233 – 11283

 

$        79,484.79

 

 

Highway Aid Fund

check No. 2428 – 2434

 

3,487.98

Parks & Recreation Fund

15,816.99

check No. 3187 – 3215

 

 

 

Open Space Fund

check No. 297 – 298

 

17,802.50

                                                        TOTAL

$116,592.26

 

_ Bill Payments for July 5, 2005 (exhibit)

 

            Ms. Weniger presented Bill Payments for July 5, 2005, as follows:

 

General Fund

check No. 11284 – 11325

   check No. 11284 is void

 

$        81,022.18

 

 

Highway Aid Fund

check No. 2435 – 2439

 

3,717.97

Parks & Recreation Fund

13,988.52

check No. 3216 – 3244

 

 

 

Open Space Fund

check No. 299

 

1,035.62

Capital Projects Fund

check No. 816 – 818

4,461.02

                                                        TOTAL

$104,225.31

 

 

Motion by Mr. Thompson to approve Bill Payments for June 20, 2005, with check No. 11284 void, and Bill Payments for July 25, 2005, as presented, 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.

 

_ Treasurer’s Report for May 2005 (exhibit)

  General Fund

4,003,321

  Firehouse and Equipment

682,996

  Road Machinery Fund

149,426

  General Obligation / Sinking Fund

2,151,347

  Open Space Fund

235,667

  Capital Projects Fund

266,915

  Highway Aid Fund                                              

229,956

  Park and Recreation

654,050

  Capital Reserve

620,429

July 5, 2005

page 4 of eight pages

 

 

           

                                                                                                    TOTAL  $8,994.107   

 

Motion by Mr. Thompson to accept the Treasurer’s Report for May 2005, as prepared by Rose Christie, 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.

 

_ Negative Escrow – Authorization for Solicitor to take action to Collect Balance (exhibit)

 

            Ms. Weniger reported that the Township has developers with negative escrows and we have attempted to collect on these through various methods.  Ms. Weniger is asking the Board to authorize the solicitor to take the next step to collect these debts. 

 

            The age of the accounts was discussed, along with the issue of a developer protesting an invoice.  Ms. Eberle explained that per the MPC, if there is a problem with an invoice, claims have to be made within thirty days of receipt of the invoice. 

 

            The consensus of the Board is that the Solicitor will bring suit to Kohler and Kline and send letters to St. Cyril and call the attorneys for Walgreens and Commonwydds.

 

 

n        SOLICITOR’S REPORT:

 

_ Right of Way Ordinance – Authorization to Advertise (exhibit)

 

            Mary Eberle, Township Solicitor, presented a proposed right of way ordinance.  Ms. Eberle explained that this ordinance is presented on recommendation of the Newtown area consortium for telecommunications, including the potential Verizon issues that may arise.  The expert hired has recommended that all the municipalities adopt a right of way ordinance, requiring people who use your right of way to pay a franchise fee for whatever they use it for.  There are exemptions in there for water and sewer facilities and also for public transportation, electric, etc.  This requires restoration of public ways, and does not address anything outside of the public right of way. 

 

Motion by Mr. Thompson to authorize the Township Solicitor to advertise the Warwick Township Right of Way Ordinance.

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:

 

            No agenda items.

 

 

 

 

 

 

July 5, 2005

page 5 of eight pages

  

 

 

n        PLANNING/ZONING REPORT:

 

_ The Ridings at Warwick, ACT 537 Amendment – Resolution No. 2005-32 (exhibit)

 

            Tom Courduff, Executive Director, Warwick Water and Sewer Authority, said he is here to support the ACT 537 Amendment for the Ridings at Warwick.  Mr. Courduff explained that the force main will be up Dark Hollow and connect at Almshouse Road.  Mr. Thompson noted that no one has addressed a complete overlay for Dark Hollow Road, while it has been torn up and patched so many times. 

 

            This matter was delayed until the applicant from the development arrives.

 

_ TC Management – Request for Final Plan Approval (exhibit)

 

            Discussion of this project included clarification of use of the building noted on the plan.  Mary Eberle, Township Solicitor, reported there was a question of two uses in the same building even though there are two lots.  To comply with the zoning ordinance it had to be clear that there is at least fire separation and the flex use would be in one building and contractor use in another building.  Ms. Eberle further explained that the condition imposed was that applicant shall clarify with the zoning officer that the property can be used as flex space for more than one user, if not applicant shall amend the plan to reflect that there will be one user of the building shown on the plan unless a subdivision is approved by the Board.  The applicant has worked out the details of what he had to do to put the flex use in one side and the contractor use in the other.         Tom Scott reported that it is two buildings connected by a breezeway.

 

Motion by Mr. Thompson to grant Final Plan Approval for TC Management, lots #26 and #28 in the Warwick Business Campus.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ Zimmer-Luginbuhl – Request for Preliminary Plan Approval (exhibit)

 

            Tom Scott, Planning/Zoning, explained that this is a four lot subdivision on Valley Road.  Ms. Weniger noted that applicant is working with Water and Sewer to provide a new pumping station.

 

            Discussion of this project included items such as stormwater runoff, with Mr. Connell explaining that initially there were basins on the plan and the plan now calls for individual on-lot seepage beds.  Mr. Connell believes that seepage beds meet the intent of the ordinance and suggested that the waiver note is a hold-over from the basins.  Mary Eberle, Township Solicitor, recommends disclosure statements regarding the seepage beds be given to any prospective buyer.  Applicant notes that when the revised plan meets Township requirements, it will then be submitted to the Bucks County Conservation District.  Applicant states there is an easement agreement regarding maintenance of the shared driveway.  Also discussed was whether there will be sidewalks on Valley Road.  Ms. Algeo will discuss this point with the immediate residents on Valley road. The road widening down Valley Road is the entire length of the frontage, about 483’ and the width widening is 18’ from centerline which is about 9 additional feet.

 

 

 

July 5, 2005

page 6 of eight pages

 

 

 

Motion by Mr. Thompson to grant Preliminary Plan Approval for Zimmer-Luginbuhl, subject to: CKS’ letter, dated May 31, 2005; deed restriction and notice on disclosure forms for the seepage beds; the issue of sidewalks on Valley Road to be postponed until final approval; road widening on Valley Road; fee in lieu of road improvements on Almshouse Road; and it is noted that the stormwater requirements waiver is not granted. 

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ The Ridings at Warwick, ACT 537 Amendment – Resolution No. 2005-32, continued (exhibit)

 

            Richard McBride, Esq., was present for applicant.  Mr. McBride apologized for applicant’s failure to notify residents, as required by the adjudication, for the Planning Commission meeting for this project.  Mr. McBride offered to go back to the Planning Commission to meet the requirement to notify the residents. The consensus of  the residents who live nearby this project and are present this evening feel it would be a waste of time for the applicant to go back to the Planning Commission.      

 

            Mr. McBride described the project and explained that it is to be done in two phases.  Applicant is requesting final approval for the first phase, which would enable applicant to get a road in before winter.  Applicant will replace the pump station in the first phase.  Mr. McBride referred to CKS’ letter, dated May 10, 2005.  Mr. Connell feels applicant has met comments in phase I.  Ms. Eberle notes concerns with phases were for the open space, and stated the Township can get deeds to open space with the signing of development agreements for phase I.

 

            During discussion, the Township Manager suggested that a homeowners association may be appropriate, specifically for maintenance of the trails, such as wood chips and cleaning up horse droppings.  Mr. Parrish favors keeping the bridge for emergency use and also asked which road would be used to handle construction vehicles.  Applicant is willing to replace or repair damage to Dark Hollow Road from construction vehicles.  Ms. Eberle notes that would be a standard clause in a development agreement.  Also included in discussion was the equestrian/pedestrian trail location, signage and lighting.  Mrs. Cryne questioned why development signs are necessary.  The trails are to be in place prior to the occupancy permits.     

Mr. McBride states that the detention basins are to be identical to Warwick Lea and Dark Hollow.

Other items included in the discussion were:

 

            Bridge/culvert to be 14 feet wide will be deferred to final plan approval;

            Development sign to be removed prior to dedication; 

            Watson Road to be widened four feet on each side;

            There will be overlay on Dark Hollow Road;

            Street lights and signs consistent with what is already constructed;

            Placement of the equestrian trail, 6 feet in width, from Rushland Road around the                            perimeter of the property to Dark Hollow will be macadam;

            Elimination of the trail between Township and Schlosser property (in front of open space                             D);

            Trails to be in place from Rushland to Dark Hollow will be constructed as part of phase I.

           

 

 

 

 

July 5, 2005

page 7 of eight pages

 

 

 

Motion by Mr. Thompson to grant Final Plan Approval for Phase I of The Ridings of Warwick, and to grant Preliminary Plan Approval for Phase II of The Ridings of Warwick, subject to conditions as discussed.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.  

 

_ The Ridings at Warwick, ACT 537 Amendment – Resolution No. 2005-32 (exhibit)

 

Motion by Mr. Thompson to approve The Ridings at Warwick, ACT 537 Amendment – Resolution No. 2005-32, which amends the ACT 537 plan for a new pump station.

 

            Mr. Thompson spoke of the trail to the pump station and drainage problems.  Applicant agreed to work with Warwick Water and Sewer Authority on this matter.

 

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

 

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

 

 

n        NEW BUSINESS:

 

_ Gambone / Hahn Tract – Discussion of zoning issues. (no exhibit)

 

            Frank Bartle, Gambone Development Company, was present for discussion of this matter.  Mr. Bartle described the property, which is about 12½ acres, located at Old York Road and Almshouse Road in the C1 zoning district.  There is a proposed bank with corporate offices and the bank in one of the two buildings.  Mr. Bartle spoke of constraints with  this property, noting woodlands, wetlands, flood plain, flood soils and buffers.  Mr. Bartle listed requests for zoning variances.  It was noted that 80% of this 12 acre property is wooded property and applicant complies with minimum lot area, minimum lot width, maximum impervious coverage, etc.  Mr. Bartle is just trying to get a feel of what the supervisors think of this plan.  The total of acres to be developed with this project is 3.25. 

 

            Mr. Parrish is going to withhold his comment until after the applicant goes to the zoning hearing board.  Ms. Algeo feels this is a nice plan for that corner and could be supportive of the plan.  Mr. Thompson feels he needs time to look at the plan before commenting. 

 

                Mr. Bartle will submit plans to the Township.

 

_ Submission of plans to Township to be submitted on disk.

 

            Ms. Algeo initiated discussion regarding directing the Township Solicitor to explore drafting an ordinance allowing a requirement for plans to be submitted to the Township on disk.  Mr. Thompson and Mr. Parrish said they are not interested in pursuing this issue.

 

July 5, 2005

page 8 of eight pages

 

 

 

n        ANNOUNCEMENTS:

 

_ The next Board of Supervisors’ public meeting will be held on Monday, August 8, 2005.

 

n        PUBLIC COMMENT:     There was no public comment.

 

 

n        ADJOURNMENT:

 

            The July 5, 2005, Warwick Township Board of Supervisors’ public meeting was adjourned at 10:00 p.m.                                                                   

 

 

                                                                                    Respectfully submitted,

 

 

 

                                                                        Gail V. Weniger,

                                                                                    Township Manager/Secretary

 

 

 

These minutes were approved at the

Board of Supervisors’ meeting held:  August 8, 2005