WARWICK TOWNSHIP

Board of Supervisors’ Public Meeting Minutes

December 6, 2004

 

 

 

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

                                    Linda Grant, Recording Secretary

 

 

n        CALL TO ORDER:

 

The Warwick Township Board of Supervisors’ December 6, 2004 public meeting, held at the Warwick Township Administration Office, 1733 Township Greene, Jamison, PA., was called to order at 7:05 p.m., by Chair, Judith Algeo.  Ms. Algeo then led attendees in the pledge of allegiance.

 

n        APPROVAL OF MINUTES:

           

1.         November 1, 2004 public meeting minutes (exhibit)

2.         November 15, 2004 public meeting minutes (exhibit)

 

Motion by Mr. Thompson to approve the Board of Supervisors public meeting minutes from November 1, 2004 and November 15, 2004 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 this past Friday to discuss some matters of litigation.  The Board also met in Executive Session with the Water and Sewer Authority to talk about some open space issues.  The Board also met prior to this evening’s meeting to discuss matters of litigation.  

 

n        CITIZENS COMMENTS:  

 

†      Mr. and Mrs. Kopchak, 1628 Saratoga Court, wanted to let the Supervisors know how pleasant it has been with the hockey lights not being on until 9:00 at night.  It almost feels like a normal neighborhood.  However, Saturday and Sunday it starts all over again.

 

†  Jack Fifthian, Saratoga Court, wanted to thank the Board for their action concerning the lights at the hockey rink, and noted that the quality of his life has been upgraded because of it.

 

 

 

 

December 6, 2004

page 2 of thirteen pages

 

 

            Mr. Thompson said that since the decision was made to turn the lights off, each of the Supervisors has had an altercation in the parking lot from teenagers hanging around the hockey rink, so we are well aware of the situation.                  

 

n        MANAGER’S REPORT:

 

_ Community Service Awards (exhibit)

 

            Dan Sharapan, Public Works and Parks & Rec. Director presented certificates of appreciation to Christopher Marley and John Marley, who have each achieved the rank of Eagle Scout, due in part, to their community service to Warwick Township.  

 

            Mr. Sharapan explained that Christopher made a connection path from the existing park to the new park and John refurbished site amenities. 

 

_ tour de Warwick (no exhibit)

 

            Dan Sharapan presented a check for $500.00 to Chief Costello.  Mr. Sharapan explained that the bike race is held to benefit the Warwick Township Police Department Bike Patrol.  Chief Costello notes that the money will be used toward the purchase of a replacement bicycle for the Bike Patrol.

 

_ Warwick Village Commons Concept (WaWa)  (exhibit)

 

            Gail Weniger, Township Manager, reported that the Board has been looking at and making changes for a Village Commercial District along York Road corridor. 

 

            Greg Rees, WaWa, Inc. Regional Real Estate Manager,  introduced Peter Simone of Simone Jaffe Collins who will do most of the presentation this evening, and Matt Hammond, traffic planning and design.  Mr. Rees explained that this is a joint project between WaWa Inc. and Gambone Development Company.  

 

            Mr. Simone, Simone Jaffe Collins Landscape Architecture, then distributed hard copies of this evening’s power point presentation for the Warwick Village Commons concept – Wawa.  Mr. Simone noted this was in front of the Planning Commission in February, and we are now asking for feedback from the Board of Supervisors and the audience this evening.  This project is approximately fifteen (15) acres at Route 263 and Meetinghouse Road and the existing Meyer Way.  An extension of Meyer Way to Meetinghouse Road has been suggested, and would effectively separate the parcels.  Included in this presentation and discussion were photos, aerial photos, drawing of site plan, concept sketches, zoning requirements inclusive of parking and buffer requirements, landscaping materials, signage, lighting and various site amenities, open space, etc.   Mr. Simone spoke of conditional use revision, that would allow for contemplated uses as a conditional use.  It would increase the maximum impervious coverage to approximately 50%.   We feel the conditional use process gives the Board of Supervisors a very high level of control. 

 

            Dan Yerkes, 2035 Meetinghouse Road, is opposed to the Meyer Way extension, noting that this will increase traffic to the neighborhood behind the project. 

 

            Joyce McNutt, 1623 Yorktown Road, asked about left turn lanes, heading south.  It was confirmed there is a left turn planned.

 

            Bob Ginsburg, 1308 Clearview Drive, states that Warwick doesn’t feel we need another gas station.

December 6, 2004

page 3 of thirteen pages

 

 

            Barry Angeli, 2701 York Road, speaks to the increased impervious surface with this project and how storm water management will be handled.  Applicant is suggesting a storm water management area, with the details to be worked out with the Township Engineer.

           

            Ron Feldman, Goddard School owner, takes issue with a child care being built right across the street while there is one being built nearby in Warminster.  Mr. Feldman notes neighboring child care schools have had declining enrollment.

 

            Mr. Simone notes this project is not locked into the child care.   

 

            Al DeHeck, 1315 Clearview Drive, asked if this will close the existing Meetinghouse Road entrance to York Road?  Mr. Simone notes that would need to be discussed with the Township, that is why we didn’t show anything to that issue. 

 

            Mr. Thompson asked if there is a plan for a straight C3 if the Township doesn’t buy into this.  Mr. Simone and Mr. Rees note this hasn’t been worked out.  Mr. Rees said there is possibly 3 or 4 inconsistent uses and reminds there is an option of  breaking 15 acres into four, 3½ acre pieces.   Mr. Thompson complimented applicant on the plan.  Mr. Thompson then asked if the Meyer Way extension is necessary.  Mr. Simone said it was thought the Township wanted the extension, but it is not a necessity.  Mr. Rees said it was thought it would be a convenience and that it would also relieve traffic congestion.  Mr. Thompson would like the utilities to be underground.

 

            Ms. Algeo asked about the back of the retail store, facing York Road, and what is envisioned, as opposed to a brick wall.  Mr. Simone said we can do something with the façade to make it more appealing.     There is no entry proposed at that wall.  Ms. Algeo said the plan is very good and appreciates the work.

 

            Tim Hiemenz, 1750 Lafayette, asked about trucks and tractor trailers accessing this complex.  Discussion followed during which Mr. Thompson said that he would rather see the roadways widened instead of taking islands out to make room for maneuvering traffic.  Mr. Parrish asked if there will be an area for tractor trailers.  Mr. Simone said they are not planning an area for tractor trailers, there will only be a delivery zone.  Mr. Thompson asked about hours of service.  Mr. Rees notes the convenience store and gasoline operation are proposed to be 24 hours.  Mr. Thompson asked about noise conditions, such as what there was in Horsham.  Mr. Rees said dialogue is required between fuel areas and the store area.  Mr. Thompson also asked about protection in case of leakage from the tanks.  Mr. Rees notes there are requirements for installation and maintenance, but is not sure of the distance required to protect wells.  This will be an isolated basin to enhance protection.  Mr. Thompson is also concerned about the number of parking spaces and that the required number may not be adequate. 

 

            Mr. Parrish asked how trash removal will be addressed.  Mr. Rees notes trash is kept inside the perimeter of the building via an internal trash room.  Mr. Rees noted that trash from other stores has not been addressed yet and applicant will work on providing a screened area.

 

            Scott Martin, Brook Lane, asked if hours of deliveries will be restricted.  Mary Eberle, Township Solicitor, notes she remembers restrictions on hours of trash pickups, but doesn’t recall that we regulated times of deliveries.  Ms. Eberle offered to check on that matter. 

 

            Frank Galzinski, 2091 Meetinghouse Road, asked about access to the child care.  Applicant described a couple of options to handle that.  Mr. Galzinski asked if the access road will be used.  Applicant said no.

 

            Len Rickert, owner of Hartsville Garage, states that this project will present problems for existing gas stations. 

December 6, 2004

page 4 of thirteen pages

 

            A resident said he thought the Township Ordinance required only one use per site.  Mary Eberle, Township Solicitor, explained that the ordinance does limit one use per site, and that what applicant is proposing is that this would be a specific use, “village commons” which would be one use, just as a shopping center is one use although there are many stores.  Ms. Eberle reminds this is a proposal and applicant is asking for an amendment to the ordinance which would allow that as a use.

 

            Bart Dougherty, 1851 Meetinghouse Road,  feels this will hurt current businesses and is opposed to the plan.

 

            Char Bevilacqua, 1703 Meyer Way, asked what the Township will do about the speeding along Meyer Way that we already have.  Ms. Bevilacqua said she was told the Police can’t enforce the speed limit because the road is not dedicated. 

 

            Chief Costello stated the Warwick Police Department does actively patrol all the traffic ways throughout the Township, and have had details here on Meyer Way.  Chief Costello said there are people who speed, but it is not out of control and we do everything we can to address this problem. 

 

            Kevin Williams, 1730 Meyer Way is also concerned with the speeding on Meyer Way.  Mr. Williams states that he doesn’t feel the “green space” on this project is a selling point.  Mr.  Williams is also concerned with lighting and retention basins.

 

            Mr. Thompson explained that we are trying to combine uses to limit access roads.  The other option here is that this area would be split up with several different entrances to Route 263.  The Township also feels the open space in the corner, since we are trying to preserve the greenway coming out of Warminster, this would be the first thing you see when you come up the hill, not the gas pumps right on the corner. 

 

            Tony Bonacucci, 1311 School House Lane, said he likes the plan and asks what impact this will have on our tax base.  Ms. Algeo said that has not been looked at yet.  Ms. Eberle said that we can assume that there will be a dramatic increase in real estates taxes on that corner as the property is reassessed when the construction goes up.  Ms. Weniger, said that the Board understands that the tax generated from businesses offsets taxes paid by residents and it is a loss to the residents if there is no commercial base, even though no one wants to see this developed. 

 

            Ms. Weniger asked applicant about the pedestrian access to the plan and how, with the Meyer Way extension, does it match up the proposed entrance to Heritage Creek.  Mr. Simone said the Heritage Creek tie-in has not been worked out yet.  Mr. Simone spoke of pedestrian access, noting there are sidewalks throughout the property and on Meyer way, and sidewalks could be provided on Meetinghouse Road if the Township desires.

 

            The December 6, 2004 Board of Supervisors’ public meeting recessed at 8:20 p.m. and the meeting re-convened at 8:25 p.m.

 

_ York Road Speed Reduction Request (no exhibit)

 

            Gail Weniger, Manager, noted that previously a request had been made to PennDOT to reduce the speed limit on York Road (Route 263) to 45 mph.  As a result, the speed was lowered

to 45 mph from Almshouse up to Deer Run Drive.  Ms. Weniger is asking for authorization from the Board of Supervisors to officially make a request that PennDOT do a traffic study with the hope of reducing the speed to 45 mph.

 

 

 

December 6, 2004

page 5 of thirteen pages

 

 

Motion by Mr. Thompson to authorize the Manager to write a request for a traffic study by PennDOT regarding York Road speed reduction.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ Stover Mill Community Association Approval (exhibit)

 

            Gail Weniger, Township Manager, reported that Stover Mill Community Association

has in their by-laws that the Board of Supervisors has to approve any changes they make.  The by-laws currently require two thirds of the association membership entitled to vote to entitle just a majority of the membership.  They are asking for the Board’s authorization to make this change.

 

            Ms. Algeo asked, since we have so many of these associations, do we need to continue this.  Mary Eberle, Township Solicitor, doesn’t know of any other home associations documents with this provision.  This must have been something that was unique to Stover Mill.  Ms. Algeo asks if we can release them from this requirement.   Ms. Eberle you can communicate back to them that you agree with the change, and also suggest that they make the change of elimination of Board approval for changes to the homeowners association documents.

 

            Mr. Thompson, as a government body, does not want to be involved in Stover Mill Community association.

 

Motion by Mr. Parrish to approve Stover Mill Homeowner Association request for changes to Article 13, regarding membership voting.

Second to motion by Ms. Algeo.

 

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

 

Motion passed. 

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

 

            Mr. Parrish suggests that the Township Manager send a letter to the Stover Mill Homeowner Association, requesting that the next change to their by-laws would be to remove the need for Board of Supervisor approval from rules in their by-laws.

 

_ Fee Schedule Recommendations (exhibit)

 

            Ms. Weniger initiated discussion regarding some changes to the Township 2005 fee schedule. 

 

            Tom Scott, Planning/Zoning, summarized his suggested changes to the fee schedule, as follows:

 

-           increase the rate for building code review fees for construction of new dwelling units;

 

-           increase the rate for building code review fees for construction of new non-residential         building and additions thereto;

 

-           add $2.00 charge per permit for all permits covering work regulated by the Uniform             Construction Code.

 

December 6, 2004

page 6 of thirteen pages

 

 

            Mr. Thompson, regarding the first item, asked if we are covering our cost for our inspection agency.  Mr. Scott said that we are.  Mr. Parrish asked how this compares with other Townships.  Mr. Scott said it is comparable. 

 

            Ms. Weniger also noted that some Homeowners Associations have approached the Township regarding hiring Township public works and equipment for snowplowing, street sweeping, etc.  There is no fee in the schedule addressing this type of situation.

 

            Dan Sharapan, Parks & Rec./Public Works, said that a price has been suggested of $75.00 per hour, which includes one employee and one piece of equipment. 

 

            After brief discussion, Ms. Algeo suggested that we look at the matter more closely and revisit it at another time.

 

_ Stoney Road – Consideration of No Parking (exhibit)

 

            Chief Costello has met with the Fire Marshal, the Fire Chief, President of the Windrush Homeowners Association and spoken with the property manager.  We have agreed upon the following:

 

§         Parking restrictions along the radius of the curve of Rockcress Drive will remain

 

§         Parking restrictions along the straight sections of Rockcress Drive will be rescinded.  This will add 10 additional parking spaces on Rockcress Drive. 

 

§         Location of signs to be removed: 1602-1604, 1603-1605, 1614-1616, 1618-1620, 1657-1659, 1662-1664, 1690-1692, 1712-1714, 1713-1715, 1717-1719.  The Township will remove the No Parking signs and retain them for stock.

 

§         Windrush Homeowners Association will be responsible for power washing or painting over the existing yellow curb markings.

 

§         Parking Restrictions on both sides of Stoney Road will be established per the warrants noted in the Traffic Study conducted by the Warwick Township Police Department.  The traffic study was conduced in response to concerns of the police, residents of Windrush and others who use Stoney Road.

 

Motion by Mr. Thompson to advertise an ordinance of Warwick Township amending parking regulations on Stoney Road / Rockcress Drive.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ Dick Raab, Elected Auditor – Resignation (exhibit)

 

            Ms. Weniger, noted that Mr. Raab is submitting his resignation from the position of Township Auditor, due to his moving out of the Township. 

 

Motion by Mr. Thompson to accept Richard Raab’s resignation from the position of Township Auditor, effective immediately.

Second to motion by Mr. Parrish.

 

 

December 6, 2004

page 7 of thirteen pages

 

 

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

 

Motion passed unanimously.

 

            Ms. Weniger noted that the Elected Auditors have said they will submit names for the Board to consider in order to replace Mr. Raab.  Ms. Algeo reminds this appointment needs to be made within the next thirty days.

 

n        SOLICITOR’S REPORT:   There was no Solicitor’s Report this evening.      

 

n        ENGINEER’S REPORT: 

 

_ Country Club Knoll, Phase II, Escrow Release No. 7 (exhibit)

_ Mearns Road Business Campus / 5-Lot Subdivision, Escrow Release No. 2 (exhibit)

 

            Dave Connell, Township Engineer, presented Country Club Knoll, Phase II, Escrow Release No. 7 in the mount of $36,650.00; and Mearns Road Business Campus / 5-Lot Subdivision, Escrow Release No. 2 in the amount of $23,438.60 for the Board of Supervisors’ consideration this evening.

 

Motion by Mr. Thompson to approve Country Club Knoll, Phase II, Escrow Release No. 7 in the amount of $36,650.00 (leaving a balance of $163,144), 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.

 

Motion by Mr. Thompson to approve Mearns Road Business Campus / 5-Lot Subdivision, Escrow Release No. 2 in the amount of $23,438.60.00 (leaving a balance of $29,444.30), 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: 

           

            Tom Scott, Planning/Zoning, said the first items under this report this evening are signs in the York Road Corridor Overlay District, some of which the Board has seen previously, and some have not been seen.  Those you have not seen have been seen by the Planning Commission. 

 

_ 2249 York Road – Jerry’s Small Engine Repair (exhibit)

 

            Mr. Scott noted this is a new, illuminated sign.  The Planning Commission reviewed the matter at it’s November 4, 2004 meeting and recommended that the Board of Supervisors grant approval, subject to the street number being added to the sign.

 

 

 

 

December 6, 2004

page 8 of thirteen pages

 

 

Motion by Mr. Thompson to approve Jerry’s Small Engine sign, as presented by the Planning/Zoning director.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ 2395 York Road - Hallmark Card Shop (exhibit)

 

            Mr. Scott noted this has not been before the Board, but the Planning Commission reviewed it and recommended approval for the sign.

 

            Mr. Thompson said this sign isn’t consistent with the signs presently there.  Applicant explained the whole sign is not lit.

 

Motion by Mr. Thompson to approve Hallmark Card Shop sign, 2395 York Road, as presented by the Planning/Zoning director.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ 2600 York Road - Bucks County Country Club (exhibit)

 

            Mr. Scott said the Board has previously approved this project, and is presenting this new sign before the Board. 

 

            Dan Washleski, general manager/director of golf, Bucks County Country Club, distributed drawings to the Board of Supervisors. 

 

Motion by Mr. Thompson to approve 2600 York Road, Bucks County Country Club sign, as presented by the Planning/Zoning director. 

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ 2400 York Road – Spring Dance Hot Tubs (exhibit)

 

            Mr. Scott noted this project has been approved by the Board.

 

            Dan Sine, applicant, spoke of the color of the letters in the sign being the same color as the window trim.

 

Motion by Mr. Thompson to approve 2400 York Road, Spring Dance Hot Tubs sign, as presented by the Planning/Zoning director.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

December 6, 2004

page 9 of thirteen pages

 

 

_ 2119 York Road – Car Wash Express (exhibit)

 

            Mr. Scott said there is an “Open” sign in the window that is subject to the Corridor Overlay District. 

 

            Jeff Moskowitz was present to request permission to use this lighted sign during hours of operation in the winter months due to standard time which means it is dark while the car wash is open.  The sign would be lit during the hours of 4:00 to 7:00.

 

Motion by Mr. Thompson to approve 2119 York Road – Car Wash Express, illuminated “Open” sign, during standard period from 4:00 p.m. to 7:00 p.m., as presented by the Planning/Zoning director.

Second to motion by Mr. Parrish.

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

 

_ LeMaster Minor Subdivision (exhibit)

 

            Mr. Scott presented this project, noting that the Planning Commission has recommend preliminary-final approval subject to compliance with the decision of the Zoning Hearing Board, CKS letter of September 20, 2004, the Fire Marshal memo of September 7, 2004 and the Bucks County Planning Commission report of October 5, 2004.

 

            Chris Walker, applicant, outlined his intentions for this project.  Mr. Thompson asked about grading and storm water management.  Mr. Walker noted applicant will comply with requirements and will also note on plan.

 

            Mr. Thompson also questions if the Board feels cartways with curbs and sidewalks are required.  Mary Eberle, Township Solicitor, notes that applicant is asking if the Board will waive them.  Ms. Eberle notes the Board has generally been asking for “fees in lieu”.  The consensus of the Board was to waive fee in lieu. 

 

            Dave Connell, Township Engineer, asked for clarification of item 4.  Mr. Thompson feels it would be appropriate to show on the plan, before the building permit process,  and would like to see storm water management, tree protection or area for removal of trees shown on plan prior to final approval.

 

Motion by Mr. Thompson to grant preliminary plan approval to LeMaster Subdivision, subject to the conditions set forth in the Bucks County Planning Commission review letter, dated October 5, 2004; conditions imposed by the Zoning Hearing Board and conditions set forth in the CKS letter, dated September 20, 2004 and granting a waiver from the road improvements.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

n        FINANCIAL REPORT: 

 

_ Bill Payments – November 15, 2004 (exhibit)

 

            Ms. Weniger presented the Bill Payments for November 15, 2004 as follows:

 

 

December 6, 2004

page 10 of thirteen pages

 

 

General Fund

check No. 10422 – 10482                         $    125,117.00   

 

Highway Aid Fund                                              

check No. 2373 - 2380                                         $       1,108.64

 

Parks & Recreation Fund

check No.  2974 - 2990                                        $       8,123.32

 

Capital Projects Fund

check No. 784 – 788                                            $        9,942.72

 

Open Space Fund          

check No. 278                                                     $          384.00

 

 

                                    Total                             $    1434,675.68

 

Motion by Mr. Thompson to approve Bill Payments for November 15, 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.

 

_ Bill Payments – December 6, 2004 (exhibit)

 

            Ms. Weniger presented the Bill Payments for December 6, 2004 as follows:

 

General Fund

check No. 10483 – 10543                         $    122,737.11   

 

Highway Aid Fund                                              

check No. 2381 - 2382                                         $          774.68

 

Parks & Recreation Fund

check No.  2991 - 3007                                        $     194,986.42

 

Capital Projects Fund

check No. 789 – 792                                            $       11,051.71

 

Road Machinery Fund    

check No. 131                                                     $       1,675.16

 

General Obligation Fund 

check No. 127                                                     $       14,798.35

 

 

 

                                    Total                             $      351,101.79

 

 

 

 

December 6, 2004

page 11 of thirteen pages

 

 

Motion by Mr. Thompson to approve Bill Payments for December 6, 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 – October 2004 (exhibit)

 

            Ms. Weniger presented the October 2004 Treasurer’s Report as follows:

 

General Fund

3,234,957

Firehouse and Equipment

647,888

Road Machinery Fund

152,188

General Obligation / Sinking fund

4,420,205