Board of Supervisors Work Session
Wednesday, March 10 2010
The work session of the Buckingham Township Board of Supervisors was held March 10, 2010 in the Township Building, 4613 Hughesian Drive, Buckingham, Pennsylvania.
Present:
Jon Forest Chairperson
Maggie Rash Vice-Chairman
Henry Rowan Member
Craig A. Smith, Esquire Township Solicitor
Dan Gray Township Engineer
Dana Cozza Township Manager
Lynn Bush Bucks County Planning Commission
The meeting was called to order at 6:00pm.
1. W&S Commission Interview
The Board interviewed Mr. Tom Edwards for the vacancy on the Township Water and Sewer Commission. Mr. Forest noted that a motion would be made during the business meeting to appoint Mr. Edwards.
2. Lookaway - Speed Tables
Representing Lookaway Golf Course was Mr. VanLuvanee, Attorney and residents including Mr. Swayze. Mr. VanLuvanee explained that the Lookaway Golf Club was interested in installing speed humps at either side of its entrance in order to reduce speeds on Upper Mountain Road. The posted speed limit on Upper Mountain Road was 35mph and the ordinance requires a road with a posted speed limit of 25mph in order to install speed humps. Mr. VanLuvanee and Mr. Swayze reported that the neighborhood had put the petition together and received the requisite signatures and asked for direction. Mr. Forest responded that the Township had talked to them about the process but they had not discussed the speed limit and other road requirements and the indemnification of the Township so there were a few more criteria that needed to be met. Mr. VanLuvanee questioned if every road with speed humps in the Township had a 25mph speed limit to which the Board responded they did. Mr. VanLuvanee reported that he did not think his client could indemnify the Township so he asked for input from the Township. Discussion followed about the actual speeds on Upper Mountain Road. Solicitor Smith explained that the Township ordinance was based on a PennDOT standard. Mr. VanLuvanee questioned how they could make the road safe if they could not meet the Township standard. Solicitor Smith explained that the problem was that if the Township installed speed humps that were outside of what PennDOT would allow and if there was a complaint and/or an accident it could be costly to the Township if they did not have indemnification. Mr. Gray explained that the PennDOT traffic calming manual set guidelines for speed tables and the Township follows those recommendations. Solicitor Smith added that the Township would be negligent if they did something that PennDOT had said was unsafe. Discussion followed about Township insurance on roads. Discussion followed about removing trees for improved site distance with Mr. VanLuvanee explaining that it was not allowed according to the original agreement. Mr. Swayze asked who was liable if someone were hit on a golf cart.
Mr. Rowan asked if it was possible to get an engineer to say it was possible to put in a speed table at 35mph. After discussion it was decided that Lookaway Golf Club would work with a traffic engineer to determine if there was a basis to reduce the speed limit of the road to 25mph.
Discussion followed about the advisory speeds posted.
Mr. VanLuvanee reported that if they could get past the speed issue, then indemnification would be difficult. Mr. Forest responded that the Board would likely not require indemnification if the speed limit were 25mph. For informational purposes Mr. Gray noted that there were speed humps that could be designed for higher speeds. Mr. Gray noted that the option could only be considered if there was an “out” clause in the ordinance. Solicitor Smith said there was not and he advised that if they went outside of the manual they were inviting problems. Mr. Gray directed Mr. VanLuvanee to the Pennsylvania Department of Transportation Traffic Calming Handbook Publication 383 issued January 2001.
3. Buckingham Forest - Commercial
Mr. VanLuvanee summarized that the 20 year old plan had expired because it was no longer a desirable plan. He explained that there was interest in the property but there was no interest in trying to do what the ordinance allowed because they did not believe it was commercially viable. Mr. VanLuvanee reported that in conversations a year ago the Board had indicated that they had no interest in a compromise plan. Mr. VanLuvanee reported that his clients had invested substantial money in the property including the provision of water and sewer and they were asking for guidance from the Board about what they would like to see at the property. Mr. VanLuvanee reported that there was consensus in the family that they would consider selling the property and there was some sentiment that they would entertain an offer from the Township. Mr. VanLuvanee reported that the third option was taking the position that the ordinance had left them with no real use of the property. Mr. Forest responded that the site was zoned commercial. Mr. VanLuvanee explained that there was the possibility to build commercial but it was not practical. Mr. VanLuvanee noted that in order to take action they had to get a majority interest from the family members.
Solicitor Smith asked about the one area of environmental concern. Mr. VanLuvanee responded that it had been addressed and they had a clean letter (received 10 years prior) from the DEP on the landfill and there was no intent to develop any part of that area.
Mr. Forest noted that there was a group looking for a location for a children’s museum. Ms. Bush noted that they had recently made some deal with the Bucks County Historical Society.
With regard to potential uses Ms. Bush noted that she would have to think of the needs of the area. Mr. Forest thought the neighborhood would like a small shopping center. Mr. VanLuvanee noted that a 4,000 square foot anchor was not viable.
Mr. Jeremiah Kaplan, one of owners, entered the meeting at 6:55pm.
Mr. Kaplan commented that his family would consider any use of commensurate value that the Township would favor and that they preferred to work with rather than against the Township.
The Board disagreed with Mr. VanLuvanee that the intent was to create an ordinance that made the building of commercial unviable. Mr. VanLuvanee noted that what could be built by ordinance was a strip center much like those that are failing everywhere.
Mr. Rowan felt there were numerous things in the ordinance that differentiated it from a 20 year old strip shopping center. Mr. VanLuvanee responded that he could build a strip shopping center under this ordinance.
Mr. Kaplan summarized that they did not want to keep hiring architects and submitting plans to be rejected so instead they would like to hear if the Township has an idea of commensurate value. If so, they would proceed with plans otherwise they would have to go to court. Solicitor Smith noted that the key words were commensurate value and what was meant by that. Mr. Kaplan noted that we are not some outside developer who wanted to come in and flip the property; they have owned it for over 50 years.
The Board adjourned to executive session at 7:10pm.
The work session reconvened at 8:35pm.
4. Our Lady of Guadalupe Exterior Changes
Representing the church was Mr. Mark Marella, Project Architect and Monsignor Gentili. Mr. Marella reviewed the changes as had been requested by the archdiocese: cupola changed back to octagon, portico is an arch, roof massing on Chapel has changed and is more of a straight gabled roof, cupola removed from chapel, portico is masonry rather than masonry and lattice, roofing material changing from shingles to terracotta colored tiles (footprint and orientation has not changed). Monsignor Gentile noted that the chapel had been taken out of the plan but now was back. Mrs. Rash expressed support for the chapel and savings by heating only the chapel on a daily basis. Mrs. Rash noted that she did not like the roof material. Mr. Martin commented that at a distance the steel shingles would not be visible and there was a 50 year life on the roof. Mr. Martin noted that the Mercer Museum and Fonthill had terra cotta tile. Mr. Gray asked if there had been any changes to the lighting. Mr. Marella said there was not. Mr. Rowan suggested incorporating the arches into the other buildings when they were done. The Board gave approval for the changes.
The work session was adjourned at 9:00pm.
Approved by the Board of Supervisors on the 24th day of March, 2010.
Buckingham Township Board of Supervisors
_____________________________________
Jon Forest, Chairman
______________________________________
Maggie Rash, Vice-Chairman
______________________________________
Henry Rowan, Member
Attest:
_____________________________
Dana S. Cozza, Secretary
Minutes respectfully submitted by Suzanne Safran.
| 
