WARWICK TOWNSHIP

Board of Supervisors’ Public Meeting Minutes

October 4, 2004

 

 

 

 

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

                                    Linda Grant, Recording Secretary

                                   

 

n        CALL TO ORDER:

 

The Warwick Township Board of Supervisors’ October 4, 2004 public meeting, held at the Warwick Township Administration Office, 1733 Township Greene, Jamison, PA., was called to order at 7:00 p.m., by Chair, Judith Algeo.  Ms. Algeo then led attendees in the pledge of allegiance.

 

n        POLICE REPORT:

 

            Joseph Costello, Chief of Police, reported that earlier this year the Central Bucks Special Response Team was awarded the Pennsylvania Chiefs of Police award for excellence for law enforcement.  This came out of a call on February 6, 2004 shortly after 2:00 am.  Police were dispatched to a disturbance of shots fired in the 2200 block of York Road.  The incident developed into a barricaded subject who fired randomly into the neighborhood.  During the stand off, the man fired at tactical officers, who returned fire and wounded him.  Negotiators were working from the command post attempting to convince the man to surrender.  Bensalem Township and the South Central SRT were called to assist.  Bensalem SRT officers were able to take the man into custody without further gun fire.  It was discovered that a methamphetamine manufacturing operation was taking place at the residence.  Police remained on scene, de-contaminating and securing the property until 8:30 pm.  The Pennsylvania Chiefs of Police Association awarded the CBSRT their Excellence in Law Enforcement Award for 2004 for this operation.  This honor is shared with Bensalem Township and the South Central SRT and the many support personnel who assisted in this difficult and dangerous operation.  On behalf of Warwick Township, we extend our sincere gratitude and congratulations on a job well done.

 

            Chief Costello said we received a plaque and this evening we are distributing awards to many officers of the SRT.  Chief Costello applauds the officers for their bravery, dedication and assistance that was rendered.

 

            Chair Algeo offered Warwick Township’s heartfelt thanks and appreciation, and stated that it’s good to know that these officers are out there keeping us safe.

 

n        APPROVAL OF MINUTES:

 

_ September 7, 2004

_ September 20, 2004

 

 

October 4, 2004

page 2 of ten pages

 

 

Motion by Mr. Thompson to approve the September 7, 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.

 

Motion by Mr. Thompson to approve the September 20, 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        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 personnel.         

 

 

n        CITIZENS COMMENTS:

 

†      Greg Mester, Fairway Drive, spoke of the residents meeting with Bill Henry.  Mr. Mester states that the residents did not get the buffer they wanted.  He distributed his minutes from the meeting.

 

†      Mr. Ciarciello, Arbor Court, reminded that we had previously discussed a water issue that he and some neighbors have.  He is asking of the status since he has submitted the hydrologist report.  Ms. Algeo said the report was forwarded to the Township Engineer and the Board only received it recently, but feels it can’t be discussed intelligently until it can be reviewed further.  Ms. Algeo noted that Township Manager will be getting back to Mr. Ciarciello.

 

†      Michael Cryne, Dark Hollow, complained that the noise and smell continues from the mulch operations on the Ritter farm.  Mr. Cryne noted that he has been unable to receive a copy of the 1999 contract between the Township and K&D.  Mary Eberle, Township Solicitor, apologized for forgetting to bring the document this evening, and assured that she will mail it to the Township Manager so that Mr. Cryne may receive a copy before the end of the week. 

 

n        MANAGER’S REPORT:

 

_ Comprehensive Plan Committee Creation (exhibit)

           

            Gail Weniger, Township Manager, reported that she has met with David Zipf who is going to be the project manager from the Bucks County Planning Commission, overseeing the development or updating of the comprehensive plan.  Mr. Zipf suggested that we create a

comprehensive plan committee.  The recommendation is that it to be a nine- member committee with one member from various groups and boards and commissions that serve in the Township.  The goal is to represent a cross-section of the Township.

 

 

October 4, 2004

page 3 of ten pages

 

 

Motion by Mr. Thompson to authorize the Township Manager to seek members for the Long Term Comprehensive Plan Committee.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ Resolution No. 2004-32 – Authorization to sign DCNR Grant Application (exhibit)

           

            Ms. Weniger presented this resolution authorizing the Manager to sign the DCNR Grant Application for the $15,000 matching grant which would allow the Park and Rec. to do a long term comprehensive plan, which will begin next year. 

 

Motion by Mr. Thompson to approve Resolution No. 2004-32, authorizing the Township Manager to sign the DCNR Grant Application.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ Resolution No. 2004-34 – Uniformed 2005 MMO (exhibit)

_ Resolution No. 2004-35 – Non-Uniformed 2005 MMO (exhibit)

 

            Ms. Weniger explained that this is the Township contribution to the Uniform and Non-Uniform pension plan.  The Township gets these figures from the actuary noting that for 2005, the MMO obligation for Uniform is $183,376 and for the MMO obligation for Non-uniform it is $137,275.

 

Motion by Mr. Thompson to accept Resolution No. 2004-34 – Uniformed 2005 MMO and; Resolution No. 2004-35 – Non-Uniformed 2005 MMO, 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.

 

_ Police Collective Bargaining Agreement for 2004 – 2007 – Authorization to Sign. (exhibit)

 

            Ms. Weniger highlighted some issues in this document:  the police will receive 4% increase in salary in for four years; and Ms. Weniger further noted that some of the smaller changes are the way we do dry cleaning, reduction of benefits to people who are leaving, non-service connected disability benefit (article 26) was negotiated.  There is a side letter that agrees that the Township will meet with the Police to discuss possible earlier retirements, which needs to be adopted.  The contract has been reviewed by the Township Manager, the Police and the Labor attorney.

 

Motion by Mr. Thompson to approve the Police Collective Bargaining Agreement for 2004 – 2007, as presented by the Township Manager.

Second to motion by Mr. Parrish.

 

 

October 4, 2004

page 4 of ten pages

 

 

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

 

Motion passed unanimously.

 

_ Citizen’s Bank Corridor Overlay – Presentation (exhibit)

 

            Mary Eberle, Township Solicitor, noted that the Planning Commission liked the design of the bank, but wanted to make sure that the brick used was consistent with the brick used in the rest of the shopping center and that the green in the building was the same shade of green used on the Genaurdis roof. 

 

            Project Manager for Citizen’s Bank was present to display the color sketches for the Board’s review.  Mr. Thompson said he was hoping for more brick and less stucco.  Applicant notes more brick can be added to the front.  Mr. Thompson also spoke of brick columns, the color of brick to be used, etc.

 

Motion by Mr. Thompson to approve Citizens Bank Corridor Overlay review subject to:

§         west elevation – columns between stucco panels are to be brick

§         north, east and south elevation – columns for drive-through to be brick 

§         base brick reveal to match existing Warwick Square

§         beige strip and green match the colors in Genaurdis

§         signage to meet requirements of Township

 

            Mr. Parrish questioned the signage.  Applicant notes signage will comply with Township requirements and Mr. Thompson added the signage comments to the motion.

 

Second to motion by Mr. Parrish

 

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

 

Motion passed unanimously.

 

 

n        SOLICITOR’S REPORT:

 

_ Police Pension Ordinance Adoption – Public Hearing - No. 2004-06

 

            Mary Eberle, Township Solicitor, explained that this police pension ordinance was amended to bring the Township into compliance with Act 30 of 2002, giving the police some

benefits including an officer killed in service, the family continues to get the full salary until the spouse dies or the children grow up, which is an increase in what is required by law.  There are also some changes in the definition in the age of the child who will be covered under disability benefits to either 18 or 23 if the child matriculated at an institution of higher education.  The ordinance also modernizes some of the language, such as all references to police officers are not simply “he”, the references are now gender neutral. 

 

            Ms. Algeo called the public hearing to order at 7:38, and invited public comment.  There being no public comment or questions.  The hearing was closed at 7:39.

 

Motion by Mr. Thompson to adopt Police Pension Ordinance No. 2004-06, as presented by the Township Solicitor.

Second to motion by Mr. Parrish.

 

October 4, 2004

page 5 of ten pages

 

 

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

 

Motion passed unanimously.

 

_ Ridings at Warwick – Conditional Use Hearing (exhibit)

 

            Ms. Algeo called this Conditional Use Hearing to order at 7:40 pm.  Ms. Algeo invited public comment on this application filed by the Cutler Group to construct a cluster development on the following properties, located between Rushland Road and Dark Hollow Road: tmp 51-17-4; tmp 51-10-79-1; tmp 51-03-144; tmp 51-13-39-1; tmp 51-13-39; tmp 51-17-6-1.

 

            Mary Eberle, Township Solicitor, noted the application submitted to the Township will be marked exhibit B1, the review letter from the Township Engineer will be marked B2, the proof of publication will be marked B3 and the notice to the applicant will be marked B4.

 

            Chair Algeo asked if anyone present desires “party status”, explaining that means you need to live close to the subject property, party status allows the right to cross examine applicant’s witnesses and present witnesses of their own.  Those not choosing to be party will still have an opportunity to make a statement to the Board to comment on the proposal.  There were two individuals claiming party status.  John Sheehan, 2481 Primrose Court and Christina Wenner 2421 Primrose Court. 

 

            Richard McBride, representing applicant, outlined the property which is zoned RA.  This project was reviewed by the local planning commission in May and discussed by the Board of Supervisors in June.  Mr. McBride notes in the RA zone, the Township Zoning Ordinance provides §195-16 B 2 (5) a (2).  Mr. McBride displayed the plan that is part of the formal application, sheet 1 of 2, to be marked exhibit A1 and cluster plan, dated March 18, 2004, sheet 2 of 2, marked as exhibit A2.  Mr. McBride states this plan observes all strict criteria for application of  a cluster development. 

 

            Mr. McBride pointed out the main entrance, noting that a trail system is proposed, dedicated to public easements.  Mr. McBride points out that this project can have through traffic or not, as the Board wishes.  Applicant considered the desire to not have traffic onto Dark Hollow Road.  This could be an interconnect so that the neighborhood could have a bike/walking trail.  Mr. McBride states the approach to this project will be phasing.  Applicant is agreeable to working with the Township to allow time for the Township to enunciate what their wishes are.  Mr. Thompson asked about improvements on Watson Road.  Mr. McBride noted applicant could focus on improvements to Watson. Mr. Thompson said the by right plan did not show requirements for common or active open space.  Mr. McBride states active open space will be 3 acres and common open space is 61.7 acres.  Mr. Thompson spoke of the ordinance reference to woodland areas and percentages that can be cut down.  Mr. McBride notes the original plan was designed and

reviewed by the Township and when the ordinance was modified, emphasis was placed on prime agricultural. 

 

            Mr. Thompson asked if lot 8 is an existing dwelling.  Mr. McBride said it is a large area that backs up to Dark Hollow Road and the slopes get very steep and the rear of that will be deed restricted so there will not be clearing and there will be preservation of the woodlands there.  Mr. McBride said this could considered to be given to the Township.

           

            Mr. Parrish would like Warwick Township’s professional staff to look at this. 

 

            Ms. Eberle asked if the Cutler Group owns the property now.  Mr. McBride also clarified that Cutler Group owns the Bright and Steinberg properties. 

 

 

October 4, 2004

page 6 of ten pages

 

 

            Mr. Sheehan thanked Mr. McBride for applicant listening to what the residents were saying.  Mr. Sheehan asked about landscaping.  It was determined that applicant will address landscaping at the preliminary plan stage.   Mr. Sheehan asked about lot 61 and 61.  Mr. McBride said that is common open space and will be loaded with landscaping, which will also allow pickup of the trail system.  Mr. Sheehan and Ms. Wenner asked about possibly lowering the speed limit on Dark Hollow Road.

 

            Taylor Oughton questioned the conflict within the ordinance regarding wetlands and agricultural.  Ms. Algeo agrees that this ordinance should be re-visited.

 

            Ms. Algeo notes we would like to keep the record open until we receive the Township Engineer’s letter and start the forty-five (45) days for the opinion.  Mr. McBride notes that is fine with applicant. 

 

            This public hearing was closed at 8:33 pm.

 

_ Resolution No. 2004-33 – Repeal Resolution No. 2003-18 (exhibit)

 

            Mary Eberle, Township Solicitor, explained that the Board of Supervisors is no longer interested in condemning the property known as Camp Neuman and is presenting the resolution to repeal the previous resolution. 

 

Motion by Mr. Thompson to approve  Resolution No. 2004-33, repealing Resolution No. 2003-18, regarding the acquisition of Camp Neuman.

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.

           

            Christina Wenner asked if this means Camp Neuman will remain a camp as it is now.  Ms. Algeo said yes, although the Archdiocese owns the property and may decide to do something else with it.

 

Motion passed unanimously.

 

n        ENGINEER’S REPORT:

 

            Herb Geary, Township Engineer, presented the following escrow releases for consideration by the Board of Supervisors. 

 

_ Cavanaugh Tract, Escrow Release No. 7 (exhibit)

 

Motion by Mr. Thompson to approve Cavanaugh Tract, Escrow Release No. 7, in the amount of $68,892.50 (leaving a balance of $129,917.80), 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.

 

 

 

 

October 4, 2004

page 7 of ten pages

 

 

_ Country Club Knoll, Escrow Release No. 13 (exhibit)

 

Motion by Mr. Thompson to approve Country Club Knoll,  Escrow Release No. 13, in the amount of $$20,899.00 (leaving a balance of $64,608.25), 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.

 

_       Country Club Knoll, Phase II, Escrow Release No. 6 (exhibit)

 

Motion by Mr. Thompson to approve Country Club Knoll, Phase II, Escrow Release No. 6, in the amount of $22,277.50 (leaving a balance of $199,794.00), 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.

 

_ Mearns Road Business Campus, Lot #2,  Escrow Release No. 3 (exhibit)

 

Motion by Mr. Thompson to approve Mearns Road Business Campus, Lot #2, Escrow Release No. 3, in the amount of $87,950.00 (leaving a balance of $230,818.55), 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.

 

_ Spring Dance Hot Tubs, Escrow Release No. 1 (exhibit)

 

Motion by Mr. Thompson to approve Cavanaugh Tract, Escrow Release No. 1, in the amount of $30,997.75 (leaving a balance of $85,997.70), 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.

 

_ St. Cyril Land Development, Escrow Release No. 10 (exhibit)

 

Motion by Mr. Thompson to approve St. Cyril Land Development, Escrow Release No. 10, in the amount of $223,306.74 (leaving a balance of $344,107.42), 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.

October 4, 2004

page 8 of ten pages

 

 

_ Bucks County Country Club, Phase 2 – Status of Project – Authorization to Create     Punchlist (exhibit)

 

            Mr. Geary notes this is merely a formality and a motion is not necessary.

 

 

n        FINANCIAL REPORT:

 

_ Bill Payments – October 4, 2004 (exhibit)

 

            The Township Manager presented the Bill Payments for October 4, 2004 as follows:

 

General Fund

check No. 10286 – 10326                         $   133,195.65

 

Highway Aid Fund                                              

check No. 2357 - 2363                                         $     97,787.84

 

Parks & Recreation Fund

check No.  2917 - 2939                                        $       8,547.15

 

Capital Projects Fund

check No. 779 – 781                                            $       6,093.28

 

Open Space Fund          

check No. 275                                                     $          575.60

 

                                    Total                             $     246,199.52

 

Motion by Mr. Thompson to approve bill payments for October 4, 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.

 

_ Treasurer’s Report – August 2004

 

            Gail Weniger, Township Manager, presented the August 2004, Treasurer’s Report, prepared by Rose Christie, Finance Director, as follows:

 

 

General Fund

3,450,806

Firehouse and Equipment

643,104

Road Machinery Fund

150,775

General Obligation / Sinking fund

4,401,273

Open Space Fund

320,990

Capital Projects Fund

231,528

Highway Aid Fund                                              

186,287

Park and Recreation

656,790

Capital Reserve

711,300

                                                                                                                                               

                                                                                    Total                $10,752,853

October 4, 2004

page 9 of ten pages

 

 

Motion by Mr. Thompson  to accept the Treasurer’s Report for August 2004, 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.  

 

 

n        OLD BUSINESS: 

 

_ Hockey Rink

 

† Jack Fithian, Saratoga Court, asked about the status of the hockey rink. 

 

            Ms. Algeo said we got a study from the Engineer on what the cost would be to move the rink completely.  We are also still exploring what would happen if we wrapped it in a different type of absorbent material.  Ms. Algeo said she understands the language at the rink is still a problem and getting worse. 

 

            Mr. Fithian spoke of the noise, the profanity and the urinating at the hockey rink and that his family cannot even sit outside.  Mr. Fithian states there is a list of rules there that are completely ignored and is asking the Supervisors to enforce the rules or shut it down.

 

†      John Kopchak, Saratoga Court, said that since he has lived here, the hockey rink has been a problem and he has made many calls to the police.  

 

            Mr. Parrish commented that it would be a sizable amount of money to move the hockey rink and we have been doing research on noise abatement.

 

            Mr. Thompson suggests turning off the lights until further notice.  The Board of Supervisors agree that the lights should be turned off until the end of the year.

 

            Mr. Thompson also suggests looking into a product from DuPont for sound abatement.  This material is placed right on the rink.  Mr. Thompson will bring the information to share with the Board and the public. 

 

_ K & D Growers

 

†      Mark Fite, Creek Road, commented that K&D Growers are providing a service to the residents in the Township.  Mr. Fite is concerned that they are now closed on Sundays, which is the only time of week that many residents can make use of the service.  Mr. Fite feels it is not right that this service closed to the residents on Sunday.

 

 

n        NEW BUSINESS:  There was no new business.

 

 

n        ANNOUNCEMENTS:

 

            Ms. Algeo announced that the Tour de Warwick bicycle race was a success again this year.