Board of Supervisors’ Public Special
Meeting Minutes
Members
Present: Judith A. Algeo, Chair
Edward P.
Thompson, Vice Chairman
Bert
Parrish, Member
Others
Present: Dave Connell,
Township Engineer
Mary
Eberle, Township Solicitor
Linda Grant,
Recording Secretary
n CALL
TO ORDER:
The Warwick Township Board of Supervisors’ August 2, 2004
public meeting, held at the Warwick Township Administration Office, 1733
Township Greene,
Ms. Algeo announced that the Cutler
Conditional Use Hearing has been continued and removed from the agenda this
evening and has now been scheduled for the September 20, 2004 public meeting.
n APPROVAL
OF MINUTES:
_ July 6, 2004 Meeting Minutes (exhibit)
_ July 12, 2004 Special Meeting Minutes (exhibit)
Motion by Mr. Thompson to approve
the July 6, 2004 Meeting Minutes and the July 12, 2004 Special 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 reported that the Board
of Supervisors had met in Executive Session prior to this evening’s meeting to
discuss matters of litigation and open space.
n CITIZENS
COMMENTS:
† Robert Ciarciello,
Mr.
Ciarciello is asking if there is something the Township can do to help
alleviate the problem.
Gail Weniger, Township Manager,
reported that this matter is not a new topic.
We have had our Engineer out there as well as a variety of others from
Township staff. The conclusion is that
this matter is not a Township issue.
August 2, 2004
page 2 of nine pages
Dave Connell, Township Engineer,
explained that we have been there six or eight times and Jim Weiss has worked
with the resident on a number of occasions.
As recently as six months ago, Supervisor Parrish took an interest in
the matter and we visited the site. Mr.
Connell states that he cannot find that the Township or the developer did
anything wrong. Mr. Ciarciello also
feels that debris should be cleaned out from the creek. Ms Algeo is asking the Township Engineer to
submit written reports so that we can see if there is something that we can do
to help. Mr. Connell suggested that Mr.
Ciarciello should also submit his engineer’s reports. Mr. Ciarciello agreed to bring in his
engineer’s report, which CKS will then review.
† Greg Mester, Fairway Drive, spoke
for his neighbor, Susie Zezzo, who after seventeen years, is now getting water
from the Cornell property. Ms. Weniger
noted that since this was just brought to our attention, we have not had a
chance to look into it yet. Mr.
Thompson said he remembers this coming up when Cornell started the crushing
activity and even the EPA was called.
They looked at it and they filed a letter that it wasn’t in compliance
with certain things and he was supposed to do remedial work on his property to
stop the runoff problem. Mr. Thompson
feels we should look into this again.
n MANAGER’S
REPORT:
_ Scott Petri, State Representative
was present to give a quarterly report.
Mr. Petri reported that the traffic signal at Tulip Road and Bristol
Road has finally moved forward.
Another issue is consultant’s fees.
This started off being an issue where the court raised a question about
attorneys fees and could a township recover its costs for attorneys review fees
of developments. That has expanded
because the home builders association decided that all consultants should be
included in the process, so it starts with a bad court decision that says you
can’t recover your attorneys fees because the word attorney was never used in
the MPC. We finally resolved a
circumstance that we think satisfies their issues and our issues and it has now
been adopted into law. Essentially if a
developer has a question about your review fees, they have to put you on
notice. They can bring the claim up to
thirty days from billing.
Mr. Petri also spoke of the UCC,
which is not turning out the way it was intended. It was thought that instead of us lowering
our bar, everybody else would come up to our level. However, with the rural attitude of most of
Pennsylvania, there are hunting and fishing lodges exempted, there were
amendments that would exclude residencies.
Most of the state of Pennsylvania does not want to regulate
construction. If this continues, we may
be better off abolishing the whole thing and going back to where we were.
Mr. Petri then spoke of property tax
reform. This is a local referendum issue
where school district by school district you would decide whether you want to
shift part of the property tax bill to either an earned income tax or a
personal income tax. The goal, between
the gaming money and this income tax situation, 50%. In our school districts, that would cost the
taxpayer approximately $4,000 in school taxes.
There is a referendum issue that says if the school district wants to
increase property taxes by more than the local rate of inflation, for exceptions,
they have to go to the voters. Some of
those exceptions include responding to emergency as defined by court order,
existing contracts and other personnel contracts, existing debt service. One thing to watch for is some of the school
districts are debating whether they are going to take the state gaming
money. If they don’t take the state
gaming money, they don’t have to put the referendum out. We are trying to decide, with our population,
what is the fairest method of taxation and this is where the debate needs to
go.
Ms. Algeo told me Petri that we
appreciate his keeping us informed about what is going on.
August 2, 2004
page 3 of nine pages
_ Central Bucks School District – Request for
Development Agreement Amendment for Corridor
Overlay (exhibit)
Gail
Weniger, Township Manager, explained that the School District had asked for
relief for the conditional use and occupancy permit.
Dave
Connell, Township Engineer, explained that the Development Agreement has a
provision for temporary use and occupancy permits, and it says any number of
things, most of which have been met. Mr.
Connell said that the perimeter roadway, Sugarbottom Road, has to be completed
to a binder stage, before temporary use and occupancy permit can be
issued. Mr. Connell continued, reporting
that it was estimated that it would be three to four weeks for the roadway to
be constructed to that point. Mr.
Connell doesn’t think the Township Administration is a position comfortable
enough to issue this temporary U & O because a specific condition of the
development agreement has not been met.
We have told Mr. Kennedy that and he is here this evening to speak about
that issue.
Mr.
Scott Kennedy, Central Bucks School District, and Ms. Nadine Garvin, principal
of the elementary school are present this evening. Mr. Kennedy said they are asking from the
development agreement noting that there is an open house planned. Mr. Kennedy stated that the building is
safe.
Mr.
Thompson and Mr. Parrish stated they have no problem with granting Mr.
Kennedy’s request.
Motion by Mr. Thompson to approve the
temporary use and occupancy permit for the Bridge Valley Elementary School for
the Central Bucks School District.
Second to motion by Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
Ms. Algeo told Mr. Kennedy that she is really
concerned about sidewalks. Mr. Kennedy
and Ms. Garvin noted that there will be no walkers, all the children will be
bussed. Ms. Algeo said that Warwick
parents are under the impression that Warwick Township is not working with the
school district, and Ms. Algeo reminds that the Township has done everything we
can on our side for sidewalks.
Ms.
Weniger reported that the Township has pursued this with Buckingham. Also, the Township and the School District
have been trying for sidewalks and hope that Buckingham will talk with the
developer and try to talk about the sidewalk situation. Ms. Weniger also notes that putting a school
crossing guard as things are now would be unsafe for the crossing guard, unsafe
for the children.
_ Shared Facilities Agreement with CBSD
Mary Eberle, Township Solicitor,
spoke of shared facilities agreement with the Central Bucks School District for
the community use of the facilities and suggested the Board of Supervisors
authorize the Township Manager to discuss the agreement with the school district.
Mr.
Thompson wants time to review this document before taking any action on this
matter.
The Board
of Supervisors will look over the agreement and get back to Gail by Friday.
August 2, 2004
page 4 of nine pages
_ Hockey Rink – Proposed changes to address concerns
(exhibit)
Dan
Sharapan noted the proposal includes the consultant to come out and do testing
of the materials.
Supervisor
Parrish notes that he studied history about this subject and looking at the original
drawing, is suggesting switching placement of the hockey rink with the
horseshoe pits noting that there are no homes within 100 feet, it is within the
Township Community Park and may possibly be a site that would be easier for the
police to monitor. This would require
moving the trail. Mr. Parrish is hoping
that we can have the Township Engineer look at this and give us an estimate of
what the cost would be to transfer these facilities.
Mr. Thompson says that won’t work,
there is a creek bed down there within 40 feet of the trail line, there are
pipes in the area that drain the fields, and it would encroach on
woodlands. There is more involved than
just putting a pad down, grading, 14” of stone and sand under the court. This rink process was three years to
approve. When we built the park, we took
a lot of information from the residents that lived in the township at the
time. It was approved prior to the
Penn’s Grant development, it was always there.
Mr. Thompson stands by the fact that this is an active recreation park,
it was there. Mr. Thompson feels sorry
for the homeowners that bought in the area, but the rink was there. Whatever the cost is for those thirty residents,
Mr. Thompson wants the same thing spent on every other resident in the
Township.
Mr. Parrish would like to see what
it would cost against what we would spend for the sound insulation.
Dan Sharapan, Parks & Recreation
Director noted that there are three different materials to be tested.
Motion by Ms. Algeo to recommend
that the Township Engineer to give estimates on what his study of the hockey
rink would cost.
Second to motion by Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
Ms. Algeo notes we will look at this
proposal and then check with the proposal for noise control.
Mr. Thompson asked Mr. Sharapan what
he envisions regarding facilities use at the school. Mr. Sharapan notes that with his experience,
he feels the shared facilities use agreement with the school needs to be more
spelled out. For example, do we need to
staff it, what are “after school” hours, can we have weekend use, is it 3:00 pm
or 6:00 pm., charges for use, etc.
_ Resolution No. 2004-29 Police
Pension Fund (no exhibit)
The Township Manager reported that
the Board of Supervisors has been advised by the Police Pension Fund consultant
actuary that the Warwick Township Board of Supervisors can waive and authorize
the elimination of member contributions for the years 2002, 2003 and 2004.
Motion by Mr. Thompson to approve
Resolution No. 2004-29, authorizing
elimination of member contributions to the Police Pension Fund, providing
actuarial integrity is maintained.
Second to motion by Mr. Parrish.
August 2, 2004
page 5 of nine pages
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
_ Millbrook Society – Funding Request (exhibit)
The
Township Manager presented a request from the Millbrook Society for funding to
offset expenses in the amount of $500.00.
Motion by Mr. Thompson to approve the
funding request for the Moland House from the Millbrook Society in the amount
of $500.
Second to motion by Bert Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
_ Traffic Signal at Tulip and Bristol - Update
(exhibit)
Ms. Weniger noted that the signal
for Tulip and Bristol is now advertised for bid, to be opened September 1 with
the Board awarding the bid at the September 7 pubic meeting. Ms. Weniger is estimating that after all is
done, the signal may be up and running by the beginning of January 2005.
Dave Connell, Township Engineer,
said, upon acceptance of the bid by the Board of Supervisors, we may be able to
award late September. We strongly urge
the contractor to install the bases on which the signal poles are constructed
and it would be likely we could encourage that by October, which would make it
obvious to people that the project is underway.
Ms. Weniger also notes there is a
company that will come in to talk with us about changing companies we use for
physical things we use, like timing of the lights. Ms. Weniger will report back on that at a
later time. Mr. Thompson notes we spent
money on these things just a couple of years ago. Ms. Weniger said this person represents that
the company is going out of business and they would do the replacements at no
cost to us. Mary Eberle, Township
Solicitor, agrees with Mr. Thompson, that 3 or 4 years ago we executed a
signalization agreement. Mr. Connell
is suggesting that the Manager hold off until Mr. Connell can find what is
going on. Ms. Eberle feels we need to
look at this matter further.
_ GATSB Requirements – Update (no exhibit)
Ms. Weniger has met with the
auditors and went through the new GATSB requirement and this will require that
the Township take inventory of all its capital equipment over a certain
amount. Another decision is whether we
just want to have everything by depreciation method or whether you want to
establish something that says we’re going to keep everything in good
condition. Ms. Weniger notes the Board
should take a look at this and consider it at the next public meeting.
n POLICE
REPORT:
_ Stony Road and Meyer Way - Stop sign and Stop Bar
Placement
Lt. Goldberg presented a
recommendation to move the stop sign and stop bar at Stony Road and Meyer
Way. Lt Goldberg notes that drivers stop
cars past the current placement anyway and feels this action may be an
improvement to compliance with the stop sign at this intersection. Lt. Goldberg notes this movement will stay
within regulations and the law.
August 2, 2004
page 6 of nine pages
The Board of Supervisors is in
consensus that this is a good recommendation.
n ENGINEER’S
REPORT:
_ Country Club Knoll, Phase II, Escrow Release No. 5
_ St. Cyril, Land Development, Escrow Release No. 8
Dave Connell, Township Engineer,
presented the above request for escrow release to the Board for the approval.
Motion by Mr. Thompson to approve Country
Club Knoll, Phase II, Escrow Release No. 5, in the amount of
$30,360.00 (leaving a balance of $222,071.50); and St. Cyril, Land Development,
Escrow Release No. 8, in the amount $35,642.04 (leaving a balance of
$641,329.50), as presented by the Township Engineer.
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:
_ Heritage Building Group – Proposed Sign
Mark Shagney, Heritage Building
Group, is proposing a sign to replace the sign currently at the DVI building on
York Road, which is in compliance with the corridor overlay ordinance. It was noted that the sign is the same size
as the previous sign.
Motion by Mr. Thompson to approve
the Heritage Building Group proposed sign at 2500 York Road, (drawing numbers
SK.02a and SK.02b) as presented.
Second to motion by Mr. Parrish.
Chair Algeo invited comment or discussion. There being none, the vote was called.
Motion passed unanimously.
_ Ashton Reserve / Cavanaugh Tract – Request Amendment
to Development Agreement
(re:
installation of sidewalk) (exhibit)
There was discussion as to whether
sidewalks must be completed before occupancy permits are released. Mr. Thompson asked it other developments just
put sidewalk in front of the home they complete and then get an occupancy
permit. Mr. Thompson asked if we are
telling them they have to have all the sidewalks in place. Dave Connell, Township Engineer, does not
have the answer but feels someone may have interpreted that the document
meant. Mary Eberle, Township Solicitor,
read from the agreement “the Township will issue no occupancy permits to the
developer until completion of walkways shown on the plan”, and states how it
could be interpreted any other way. Ms.
Weniger notes that Mr. Scott wants the Board’s ok to give them a use and
occupancy permit with the walkway in front of the house.
No action was taken on this matter.
August 2, 2004
page 7 of nine pages
n FINANCIAL
REPORT:
_ Treasurer’s Report – June 2004 (exhibit)
Ms. Weniger presented the
Treasurer’s Report for the month of June 2004, as follows:
For the month of June 2004,
expenditures outpaced revenues by $41,530.
Real Estate Transfers posted
$70,316, Earned Income Taxes posted
$230,018 Building Permits posted $31,465.
Fund balances for June 2004 are as
follows, subject to audit:
|
General
Fund |
3,143,346 |
|
Firehouse
and Equipment |
635,382 |
|
Road
Machinery Fund |
148,566 |
|
General
Obligation / Sinking fund |
4,373,136 |
|
Open
Space Fund |
213,847 |
|
Capital
Projects Fund |
254,731 |
|
Highway
Aid Fund
|
335.129 |
|
Park and
Recreation |
624,562 |
|
Capital
Reserve |
595,219 |
Total
$10,323,918
Motion by Mr. Thompson to accept
the Treasurer’s Report for June 2004, 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.
_ Bill Payments for July 19, 2004 (exhibit)
The Township Manager presented the Bill Payments for
July 19, 2004, as follows:
General Fund
check No. 10047 – 10104 $ 96,605.96
(check 10046 is void)
Highway Aid Fund
check No. 2314 -
2326 $ 4,432.97
Parks & Recreation Fund
check No. 2758 - 2785 $ 8,975.85
Capital Projects Fund
check No. 764 – 767 $ 28,151.41
Open Space Fund
check No. 269 – 271 5,652.51
August 2, 2004
page 8 of nine pages
Total $
143,818.70
_ Bill Payments for August 2, 2004 (exhibit)
The Township Manager presented the Bill Payments for
August 2, 2004 as follows:
General Fund
check No. 10105 – 10145 $ 92,156.91
Highway Aid Fund
check No. 2327 -
2331 $ 3,797.71
Parks & Recreation Fund
check No. 2786 - 2814 $ 12,633.29
Capital Projects Fund
check No. 768 – 772 $ 7,141.55
Open Space Fund
check No. 272 $ 2,500.00
Total $ 118,229.46
Motion by Mr. Thompson to approve bill
payments for July 19 and August 2, 2004, as 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.
n OLD BUSINESS:
† Mr. Thompson said he sees the
crews out there doing work and states that we can probably extend this sidewalk
four more houses and connect to the next street. Mr. Thompson suggests we should look into
this for next year’s budget.
† Joe Gable, Heritage Creek, noted that residents have asked the builder to
remove their promotional sign and asked if the Township can nudge the developer
to remove it.
n NEW BUSINESS:
† Mr. Parrish said that he signed
checks during the absence of Ms. Algeo and Mr. Thompson and states that it is a
tremendous amount of checks. Mr. Parrish
is suggesting, due to upcoming budget discussions, that the Township Manager
should have all department heads take a look and see if we can curtail some of
the expenses. Ms. Weniger noted that a
lot of the checks are due to the day camps and refunds for the camps, counselor
pay checks, etc.
† Mr. Parrish is suggesting that
Warwick should resurrect the Warwick Township Business Association. Mr. Parrish wants to send a letter to all
business owners along the York Road area
August 2, 2004
page 9 of nine pages
asking
them to attend a meeting, in September for bagels and coffer, with the idea of
putting this group back together again.
n ANNOUNCEMENTS:
Ms. Algeo announced that there will
be an Executive Session with the Water and Sewer Authority on Friday, August 6,
2004 at 8:00 a.m.
n PUBLIC COMMENT:
† Henry
Perot, stated he has called PennDOT three times about the sewers on Route 263,
which appear to be totally blocked with debris.
Mr. Perot is asking if there is something the Township can do to clean
them up.
Mary Eberle, Township Solicitor,
noted that Warwick Township needs to allow PennDOT to take care of this,
pointing out that if the Township exercises dominion over a state highway, you
assume liability for anything that can happen.
n ADJOURNMENT:
The Warwick Township Board of
Supervisors’ July 12, 2004 Public Meeting was adjourned at 8:35 p.m.
Respectfully
submitted,
Gail
V. Weniger,
Township
Manager
These
minutes were approved at the
Board of
Supervisors’ meeting held: September 7, 2004