Board of Supervisors’ Public 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’ September 7, 2004 public
meeting, held at the Warwick Township Administration Office, 1733 Township
Greene,
n APPROVAL
OF MINUTES:
_ August 2, 2004 Meeting Minutes (exhibit)
Motion by Mr. Thompson to approve the
August 2, 2004 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 MANAGER’S
REPORT:
_ Community Partnership Awards Presentation
by the Board (exhibit)
Gail
Weniger, Township Manager, noted that the Board of Supervisors is giving
Community Partnership Awards to First National Bank of
The other Community Partnership is a
new business in Warwick, Express Car Wash.
They just opened recently and during their development process had
promised to help out and do things for the community. They have kept that promise and have gone
above and beyond by donating the use of their car wash and all their staff, and
took no money for themselves, not even the cost for the car washes. They donated all proceeds to the Warwick Fire
Company. There was about $5,000 made
that day, and we don’t even know what it cost Express Car Wash, but it was a
great community gesture.
September 7, 2004
page 2 of twelve
The Board presented certificates of
appreciation for the Community Partnership.
Ms. Algeo stated that is the stuff that makes a community a community.
n EXECUTIVE
SESSION:
Chair Algeo reported that the Board
of Supervisors had met in Executive Session prior to this evening’s meeting to
discuss one matter of litigation and a matter of open space.
n CITIZENS
COMMENTS:
† Mr. and Mrs. Newman, Sovereign Estates,
spoke of their concerns regarding flooding coming off the PECO easement.
Dave Connell, Township Engineer,
notes that this was discussed at the last meeting with Mr. Mester speaking on
behalf of Ms. Zezzo.
Ms. Weniger stated that after
looking into the situation, it was determined that this is not a Township problem,
and it has a DEP component to it, however Ms. Weniger suggested that these
neighbors might want to speak with A. H. Cornell. This is a problem between neighbors and
businesses and Ms. Weniger reminded that the Township cannot go onto private
property.
Mary Eberle, Township Solicitor,
explained that we do not have jurisdiction over all the water that flows
through the Township. We can regulate it
if it is on Township property, we can regulate it during development of a
property under the subdivision and land development ordinance. Unless the Township has taken dedication of
the basin or storm water system, it then goes back to being private property
and is not subject to the subdivision and land development requirements any
longer.
Dave Connell, Township Engineer,
said the developer has an obligation to develop his plans in such a fashion
that there is no increase in the runoff from his property onto anyone else’s
property. The Township reviews those
plans to assure that he is meeting that obligation. Mr. Connell states that when he reviewed Ms.
Zezzo’s property approximately a month ago, there was a suggestion that perhaps
the DVI building construction had created some of this drainage problem. Mr. Connell disagrees with that suggestion
and believes the plans had been engineered properly so as to properly manage
the water, further explaining that most of that water drains forward out toward
Greg Mester, Sovereign Estates,
presented letters from 1998 and 1999 regarding this matter, when Tom Ryan was
the zoning director and Mr. Ryan had said they would request information from
the Bucks County Conservation District.
A land development waiver was discussed in 1997. Mr. Mester is asking if Mr. Ryan had ever received information from
the Conservation District. Ms. Weniger
asked if Mr. Mester has spoken with Mr. Cornell, who had said he would be happy
to show what was required from the conservation district regarding his storm
water basins. Ms. Weniger questions if
there is on-going responsibility from the Township if, at the time, it was
proper and appropriate and over time through erosion or someone building a pool
or the grading has changed.
September 7,
2004
page 3 of twelve
Mr. Thompson feels this goes into
the whole stone crushing operation and how much ground Mr. Cornell is taking
over and how much land he is allowed to use of the twelve acres he has. Mr. Thompson remembers this issue from
before, that Mr. Cornell was supposed to do some grading in the back, put up
silt fence and put in the detention basins.
Mr. Thompson is asking if it was or was not done. Mr. Thompson feels we should start from
ground zero, go out and look at it and cite him if there are any violations.
Ms. Eberle said that unless the
Township owns the detention basin, that’s not the Township’s
responsibility. The Township reviews the
plans and if the project comes under subdivision and land development, ensures
that everything is done correctly in accordance with subdivision and land
development requirements. As time passes
and other things happen that do not come within subdivision and land
development, that is not something that the Township can intrude on. There was a waiver at subdivision and land
development to allow certain activities that happened, there were conditions
attached to that and making sure that those conditions were appropriately met
is a good place to start, but all storm water is not the Township’s
responsibility.
Ms. Weniger said that she will call
the Bucks County Conservation District and ask them to look into the matter.
† Michael Cryne, Dark Hollow, asked if there
is any more news on the K&D mulching problem. Ms. Algeo notes that we have received a
letter from the Conservation District.
Ms. Weniger said this is the same situation, the Conservation District
inspects and will either pass the inspection or will fine the individual, and
they will just send us a follow up letter. Ms. Algeo agrees that the
Conservation District handles these situations and just notifies us as to the
inspection and what actions the Conservation District takes or directs.
Mr. Cryne asked about noise
limits. Ms. Eberle explained that there
is superseding state law regarding farm law, and K&D is in the agricultural
security area and we cannot consider the noise nuisance. Mr. Cryne feels K&D has gone beyond farm
use and is operating as an industrial use.
Mr. Cryne also showed a sample of what the water in the creek looks
like.
† Mr.
Muller wants something done about noise and smell from K&D. Mr. Muller also questions the zoning and
feels it is no longer agricultural.
† Warren
Marley, Dark Hollow, explained that he is dealing with the Board of Health and
may have the water tested. Mr. Marley
has called the state also. There is such a bad smell that residents cannot open
their windows. Mr. Marley feels that
this situation is beyond the boundary of agriculture and is
commercial/industrial. Mr. Marley also
states the retention basin should have a liner so there is no leeching into the
ground. Mr. Marley will share
information with the Township that he has from the attorney general as per
state rules, etc.
Mr. Cryne said that when K&D
only did the Township yard waste recycling, the neighbors were not even aware
of any activity, but since they started taking in more stuff, it’s gotten bad.
Mary Eberle, Township Solicitor,
notes that the Township can look into a number of things, the overwhelming
majority of which are not necessarily Township regulations, but it doesn’t mean
the Township can’t try to stay on top of this.
Ms. Weniger notes that we have not
heard of these complaints before except for the complaint about the color of
the water. Ms. Weniger will wait for Mr.
Marley to get all of his information passed on to her and someone will look
into what is going on.
September 7,
2004
page 4 of twelve
Mr. Cryne asked if we can find what
the profit portion is for the Township from K&D yard waste recycling
activities. Ms. Weniger said it is zero,
that the residents get free mulch after they take a resident’s yard waste.
Ms. Algeo reminded that the contract
with K&D was done at a public meeting a few months ago. Ms. Weniger will send a copy of the
agreement to Mr. Cryne as he requested, for his information.
n MANAGER’S
REPORT Continued:
_ GASB Requirements – Resolution No. 2004-30 (exhibit)
Ms.
Weniger explained that the Government Accounting Standard Board is requiring
local government to establish a way to keep track of assets and depreciate
them. This information will be useful
for future Bond ratings. The Resolution
calls for the Township to include assets valued at $5,000 or more.
Motion by Mr. Thompson to adopt
Resolution No. 2004-30, GASB Requirements, as presented by
the Township Manager.
Second to motion by Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
_ Bucks
Ms. Weniger reported that the County
of Bucks Area Agency on Aging is planning a county wide
Ms. Algeo made a motion to appoint Bert
Parrish as delegate to the Bucks County Area Agency on Aging.
Second to motion by Mr. Thompson.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
_ Police Pension Ordinance – Authorization to
Advertise (exhibit)
Ms. Weniger reports that ACT 30
requires us to amend our police pension ordinance. We would be amending the ordinance to address
the Act 30 requirements for surviving spouses. Ms. Weniger notes the Solicitor has changed
all references regarding “his” to read as “his/her” in order to make the
document gender-neutral, we took out a section about normal retirement date
which is outdated. The most significant
change in ACT 30 increases the Township obligation to 100% at the time of
death.
Motion by Mr. Thompson to authorize
advertisement of the Police Pension Ordinance Amendment.
Second to motion by Mr. Parrish.
September 7,
2004
page 5 of twelve
Mr. Parrish asked for clarification
of Article 7, severance of employment.
Ms. Eberle said whether discharge is voluntary or involuntary, if they
are vested they will receive a small pension when they reach 65 years old.
Ms. Algeo invited further discussion
or comments. There being none, the vote
was called.
Motion passed unanimously.
_ Central Bucks School District Facilities Use
Agreement (exhibit)
Ms. Weniger noted that the Township
has the right to use the playing fields at the new
Motion by Mr. Thompson to accept the
Second to motion by Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
Mr. Thompson said the first
agreement had no restriction on the use of the playing fields, now there is a
restriction. Ms. Weniger said we told
them we would only really use them during the summer. Mr. Thompson asked if Mr. Sharapan is happy
with this agreement. Ms. Weniger said he
is very happy with it.
n SOLICITOR’S
REPORT:
At this point Ms. Algeo turned the
meeting over to Vice Chairman Thompson.
_
Mary Eberle, Township Solicitor,
noted that Phase 1A development agreement had previously been approved and the
developer is now ready to proceed with the rest of the project. Phase 1B and 2 includes the single family
houses as well as 42 townhouses.
Mr. Thompson said he has no
questions and Mr. Parrish also stated he has no questions.
September 7,
2004
page 6 of twelve
Motion by Mr. Thompson to approve
Second to motion by Mr. Parrish.
Mr. Thompson invited discussion or
comment. There being none, the vote was
called.
Motion passed.
(E. Thompson, B.
Parrish – in favor; J. Algeo – abstained)
Ms. Algeo resumed the Chair position
at this time.
n ENGINEER’S
REPORT:
_
Dave
Connell, Township Engineer, reported that the bid opening was held last
Wednesday. There were four bidders and
Mr. Connell has provided a summary of those bids. The apparent lowest bidder, a qualified
signal contractor, is Armour & Sons Electric,
Mr.
Thompson asked how much of this is coming out of the developer’s
agreement. Mr. Connell states about
$65,000 was the amount set aside in the development agreement. Ms. Eberle reminds there has been quite a bit
of time elapsed since we escrowed the money and the time that we actually met
warrants. Ms. Eberle said she had
attempted to get more money out of the developer but was not successful. Ms. Eberle also noted that state law says
that, if we require an improvement and it’s not possible for the developer to
perform it, they are excused from performance.
Mr.
Parrish asked, if this is awarded tonight, will we see any visible work being
done by election day. Mr. Connell
believes so, and will work with the contractor to try to make sure that he has
all the foundation/bases installed so that people can actually see something
being done.
Mr.
Thompson asked about the battery backup.
Mr. Connell explained that CKS was asked to put that in the bid as an
alternate, knowing it would be fairly expensive. Chief Costello explained why the battery
backup would be preferred, that when we lose signals throughout the Township,
usually during inclement weather, without battery backup we need to put an
officer at the non working signal and that prevents the officer from being
available for other calls. Mr. Parrish
suggests adding the alternate of the battery backup. Mr. Connell notes that would still be the
same low bidder.
Motion by Mr. Thompson to award the bid for the
traffic signal at Bristol and Tulip Roads to Armour and Son, at the cost of
$90,005, with inclusion of the alternate battery backup bid, at a cost of
$9,287, 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.
September 7,
2004
page 7 of twelve
_ Bucks County Country Club , Escrow Release No. 2
_ Mearns Road Business Campus, Lot 2, Escrow Release No. 2
_ St. Cyril, Land Development, Escrow Release No. 9
Dave Connell, Township Engineer,
presented the above requests for escrow releases to the Board of Supervisors for their approval.
Motion by Mr. Thompson to approve:
§
Bucks County Country Club , Escrow Release No. 2 in the amount of $85,012.30 (leaving a balance
of $39,232.29);
§
Mearns Road Business Campus, Lot 2, Escrow Release
No. 2, in the amount of $22,080.00
(leaving a balance of 318,768.55); and
§
St. Cyril, Land Development, Escrow Release No. 9 in the amount of $73,915.34 (leaving a balance of $567,414.16),
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:
_ Mobil / Circle K Proposed Sign Replacement
Tom Scott, planning director
presented this project.
Ed McGuire, applicant’s engineer,
presented this request for sign replacement within the corridor overlay
district. Mr. McGuire reported that the
Planning Commission has made recommendation as to the red color, and the
striping around the building. Applicant
will comply with recommendations.
Mr. Parrish asked if there are plans
to modernize or expand the building within the next few years. Mr. McGuire states there are none at this
time. Mary Eberle, Township Solicitor,
noted there was a proposal at one time to expand and it could not be expanded
and meet the setback requirements.
Applicant could not secure extra ground to meet setback
requirements.
Mr. Thompson asked, if the original
sign didn’t meet square footage requirements will they now have to meet the
requirements. Mr. Thompson asked
applicant about taking care of picking up the trash, especially in the
back. Mr. McGuire will take that
information back with him.
The red color was discussed with the
Board stating that the red is too red.
Mr. McGuire noted that the red color is a corporate color, but offered
the alternate of putting the oval sign within a square background which would
somewhat reduce the amount of red. It
was noted that the photographs showing the top red band looks more like the
actual color. Mr. McGuire agreed that
the red will be more maroon.
September 7,
2004
page 8 of twelve
Motion by Mr. Thompson to approve the
Circle K sign, as discussed by the Board conditioned on putting an oval red
sign within a white rectangle at the front of the property, the building will
have a single band using a darker red color, as discussed.
Second to motion by Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
_ Authorization to Approve Bucks County Planning
Commission for Comprehensive Plan
(exhibit)
Tom
Scott, planning director, presented this proposal for approval.
Mr.
Parrish asked if there is a conflict of interest with the Shade Tree Committee
member
who works at the
Bucks County Planning Commission. Ms.
Eberle states that there is not a conflict of interest because the Shade Tree
Committee is only an Advisory Board, it’s not a legal problem, merely a comfort
level for the Board of Supervisors.
Mr. Parrish referred to page 2 and
page 4 with the community questionnaire and states that input should include
businesses in area. Ms. Eberle said that
BCPC generally does what the municipalities want and they will ask you for the
questions you want included in the survey.
Ms. Algeo asked about the scope of
services questionnaire and multi municipal planning, and whether that is
included in the same cost. Mr. Scott
said that was not included in his request.
Ms. Algeo points out a typo on page 24, noting Warrington should read
Warwick.
Mr. Thompson asked if this will take
a year. Ms. Eberle feels it will take
longer than that.
Motion by Mr. Thompson to approve the Bucks
County Planning Commission proposal in the amount of $29,500 to prepare a long
term comprehensive plan for Warwick Township.
Second to motion by Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
_ Spring Dance Hot Tub – Corridor Overlay Revision
Request (exhibit)
Tom Scott, planning director,
presented this corridor overlay second revision request.
Applicant wishes to add 2 windows on
the York Road side of the building. Mr.
Parrish suggests restricting window signage if the windows are permitted. Mary Eberle, Township Solicitor, explained
that is already restricted in the zoning ordinance. The amount of their window signage would not
be increased if they added more windows.
Motion by Mr. Thompson to approve
additional windows, as presented by Spring Dance Hot Tub.
Second to motion by Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion approved unanimously.
September 7,
2004
page 9 of twelve
n FINANCIAL
REPORT:
_ Bill Payments for August 16, 2004 (exhibit)
The
Township Manager presented the Bill Payments for August 16, 2004, as follows:
General Fund
check No. 10146 – 10187 $ 99,055.40
Highway Aid Fund
check No. 2332 - 2340 $ 3,523.87
Parks & Recreation Fund
check No. 2815 - 2861 $ 29,678.71
Capital Projects Fund
check No. 773 – 774 $ 1,858.12
Open Space Fund
check No. 273 288.00
Total $ 74,404.10
_ Bill Payments for September 7, 2004 (exhibit)
The
Township Manager presented the Bill Payments for September 7, 2004 as follows:
General Fund
check No. 10188 – 10237 $ 146,951.48
Highway Aid Fund
check No. 2341 - 2351 $ 46,984.72
Parks & Recreation Fund
check No. 2862 - 2894 $ 18,981.66
Capital Projects Fund
check No. 775 – 777 $ 4,410.50
Capital Reserve Fund
check No. 108 $ 12,285.36
Total $
229,613.36
Motion by Mr. Thompson to approve bill payments for
August 16, 2004 and September 7, 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.
September 7,
2004
page 10 of
twelve
_ Treasurer’s Report – July 2004
|
General Fund |
3,055,005 |
|
Firehouse and Equipment |
640,770 |
|
Road Machinery Fund |
150,045 |
|
General Obligation / Sinking fund |
4,391,287 |
|
Open Space Fund |
323,455 |
|
Capital Projects Fund |
238,821 |
|
Highway Aid Fund |
193,419 |
|
Park and Recreation |
631,935 |
|
Capital Reserve |
635,711 |
Total $10,260,448
Motion by Mr.
Thompson to accept the July 2004 Treasurer’s Report, as prepared by Rose
Christie and read by Gail Weniger, 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:
_ Hockey Rink Relocation (exhibit)
Ms. Algeo noted that at the last
public meeting, Mr. Parrish had suggested relocation of the hockey rink. The Township has had a number of complaints
and concerns expressed by the people at Yorktown. The discussion last month was that we were we
going to do a study and authorize a study.
We asked the Township Engineer for an estimate to prepare a
proposal/feasibility study to relocate the hockey rink and the estimate is
approximately $660 to prepare the study.
Mr. Parrish said he misunderstood,
and thought we were getting and estimate for what it would cost to move the
hockey rink. At this time, what is the
estimate to provide proper soundproofing for the hockey rink as compared to
moving the hockey rink to another location within the park.
Mr. Thompson said the problem with
the soundproofing estimate is that the fellow wanted $2500 to do three small
panels, there was no complete cost. Mr.
Parrish wants the cost of properly soundproofing the hockey rink. Ms. Algeo said the soundproofing people said
they could bring in panels, set them up and see if it worked, but we would not
commit to putting a whole new wall around it.
Ms. Weniger said they would test the decibels before and after the
panels.
Motion by Mr. Parrish to spend the $660 for
the estimate of what it would cost to move the hockey rink.
September 7,
2004
page 11 of
twelve
Ms. Algeo is concerned that there is
no one from Yorktown present. Mr.
Parrish suggests tabling the matter. Mr.
Thompson feels that in the cost estimate, the concrete would not be required,
which would be a significant savings.
Second to motion by Mr. Thompson.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
_ Almshouse Road Sidewalk
Mr.
Thompson notes that it is on the plan to be done, he is doing his punch list
now and Mr. Thompson sees no evidence that this guy is intending to do the
sidewalks. Mr. Thompson wants to push
this issue. Mr. Connell said he has a
meeting scheduled for tomorrow on exactly that issue.
_ Turkey Trot Road – Culvert Repairs
Mr. Thompson asked if that has been
fixed to try to hold more water back.
Mr. Connell said that hasn’t been done yet, that there was a separate
contract for the detention basin. We
checked with that contractor and he has assembled the materials but it has not
been installed yet. Mr. Connell said it
will be done before winter weather.
Mr. Thompson asked about cut-through
traffic on Bristol Road and Hart Lane and Graeme Way. Chief Costello said we conducted a traffic
survey there and found there was a high volume of traffic through the
neighborhood. There is no particular
speeding problem. Some concerns are of
several school bus stops. Chief Costello
described the area and changes by PennDOT noting that there are backups. Mr. Thompson asked about posting “local
traffic only” signs. Chief Costello
states that can be done, but there are certain warrants that go along with that
and then there is an enforcement issue.
Chief Costello will gather information on warrants needed. Ms. Weniger notes this can be a work-session
item.
n NEW BUSINESS:
_ Ms. Weniger reminds that Saturday is Warwick Day and
the Grand Opening of the Moland House is Sunday, 12:00 to 3:00. The Millbrook Society will give a speech on
what they have found.
The
Warwick Day theme is Heroes Past and Present.
n PUBLIC COMMENT: