Meeting Minutes

Board of Supervisors

Wednesday, March 24 2010

The regular meeting of the Buckingham Township Board of Supervisors was held March 24, 2010 in the Township Building, 4613 Hughesian Drive, Buckingham, Pennsylvania.

Present: 

Maggie Rash                               Vice-Chairman

Henry Rowan                             Member

Craig A. Smith, Esquire          Township Solicitor

Dana S. Cozza                              Township Manager

Daniel Gray                                  Township Engineer

Thomas Kelso                              Township Water/Wastewater Consultant

Lynn Bush                                      Bucks County Planning Commission

 Absent:   Jon Forest                  Chairperson

 Mrs. Rash called the regular meeting to order at 7:33pm and led The Pledge of Allegiance. 

PUBLIC COMMENT

Mr. George Michel, Pineville, announced the raffle for the Thunderbird at this year’s Concours d’ Elegance car show.  Mr. Michel asked if there would be any kind of public meeting updates on land preservation.  Mrs. Rash responded that it was a good idea and she would talk to the Land Preservation committee about it.

BOARD’S ANNOUNCEMENTS

 Mrs. Rash made the following announcements:

• Recycling Information Night on April 8^th from 7 to 8:30pm in the Township Buckingham Room. 
• Buckingham Township Civic Association Easter Egg Hunt, Holicong Park, March 27, 2010 at 10:00 a.m. (raindate March 28th at 1p.m.), all ages are welcome. 
• The Buckingham Township Administrative Office will be closed Friday, April 2, 2010.
• Township Yard Waste Collection Program. Free bags will be available at the township building from March 22-April 9 for pick up to begin on April 12^th.
• Keep Buckingham Beautiful – April 24 & 25, from 8 a.m. to 4 p.m. Bring your household     trash to the Township Maintenance building located at 4991 Upper Mountain Road.
• Friday May 14^th Mad Science show.  Pick up tickets at the office.
• Recognized emergency responders through last big storms.

PAYROLL AND BILL LIST

 Consideration of approving the Payroll for the week ending March 14, 2010 and the Bill List for the meeting of March 24, 2010.

 Mrs. Rash  made a motion, seconded by Mr. Rowan to approve payroll for the week ending March 14, 2010 and the Bill List for the meeting of March 24, 2010 in the amount of $425,398.74.  The motion carried unanimously.  Mr. Rowan announced that he would resume his standard objection to the bill list with consultant items when Mr. Forest returns but he did not want to inconvenience anyone with payroll.

MINUTES

Consideration of approving Supervisor's Minutes of the February 24, 2010 Work Session, February 24, 2010 Regular Business Meeting, March 10, 2010 Work Session and March 10, 2010 Regular Business Meeting.

Mrs. Rash  made a motion, seconded by Mr. Rowan to approve the Supervisor’s Minutes of the February 24, 2010 Work Session, February 24, 2010 Regular Business Meeting, March 10, 2010 Work Session and March 10, 2010 Regular Business Meeting.  Mr. Gray noted that in the March 10, 2010 business meeting minutes BCPC should be corrected to BCBC.  The motion carried unanimously.

 BUSINESS

1.  Consideration of approving the Final Plan of Land Development (plan dated “Revised 1/22/10”) of “Central Bucks East Addition & Renovations”, Township File LD 2009-02, submitted by Gilmore &  Associates on behalf of Central Bucks School District, T.P. 6-14-12, Anderson Road, 66 acres, in the “I” Zoning District, with a 90-day day  review period expiration date of May 4, 2010. 

Representing the applicant was Mr. Tom Hanna, Project Engineer, Mr. Mark Marella, Architect and Mr. John Giannini, Central Bucks School District.  Mr. Hanna summarized that they had resubmitted the final plan application in January 2010 and that they had received a recommendation for approval earlier in the month from the Planning Commission. 

Ms. Bush entered the meeting at 7:43pm.

Mr. Hanna reported that the two issues for discussion were the landscape buffer on the Kinney Smith property and speed tables on Holicong and Anderson Road.  He noted that the plan had not changed from the preliminary plan.

Landscape Buffer on Kinney Smith Parcel

Mr. Hanna summarized that they had done an extra plan (approved by Ms. Manicone) to put trees along the south border of the playing fields.  Mr. Hanna explained that the School District was prepared to complete phase one this spring and the remainder of the plantings in the fall and wanted this plan to be separated so that the plantings would not be delayed.  Mr. Hanna reported that the Planning Commission had recommended allowing them to proceed with this landscaping as a separate plan.

Mr. Gray noted that inclusion of this landscaping plan was a condition of Preliminary Plan approval.  Mr. Gray and Ms. Manicone did not see a problem with separating the Kinney Smith landscaping from the larger plan.  Solicitor Smith advised that the landscaping could stay on the plan and that there was nothing stopping them from doing the work early.  Solicitor Smith explained that if the work was done in advance, then they would not have to post escrows and it would not be included in the development agreements.  Mr. Rowan felt that keeping the work on the plan provided the necessary assurance that the work would be done.  Mr. Rowan felt that by voiding a requirement of preliminary plan approval, there would be a greater fear of litigation because the Township would not be enforcing one of the conditions.  Board consensus was to keep the Kinney Smith landscaping plan as part of the overall plan, but allow that if the work was completed prior to the signing of development agreements and the posting of escrows, that it would not need to be escrowed for.

Speed Tables on Holicong and Anderson Roads

Mrs. Rash reported that she had spoken with the Fire Chief and told him that the Board was not inclined to remove traffic calming devices and the Chief gave her information about speed lumps (lumps are not full width and allow the larger wheel base of fire truck to straddle the “speed lumps’).  She reported that they are shown to have the same speed reductions in studies however noted that they could not be used at the two raised crosswalks.  After discussion it was determined that Mr. Gray and Mr. Hanna would work together to come up with an acceptable detail and plan for traffic calming devices.  Mr. Gray noted that lumps were not yet in the PennDOT manual.  Ms. Bush noted that she had just read about them in the Institute of Traffic Engineers journal and they seemed to be the new evolution of speed humps.  Consensus was to leave the plan as it was with the engineers coming up with a detail for lumps in place of the “speed humps.” The engineers agreed to present the best engineering solution for the speed humps to the Board as a courtesy, but the Board stipulated this was not a condition of approval.

Mr. Hanna reported that the School District would comply with all issues raised in the February 22, 2010 Knight Engineering review letter and the February 23, 2010 Landscape Review Consultants review letter.  He added that the March 3, 2010 Bucks County Planning Commission review letter was “clean.”  Mr. Hanna noted that they had received approval from the Department of Environmental Protection and no planning was required.  Mr. Hanna reported that they had Bucks County Conservation District approval and the NPDES permit was issued. 

Solicitor Smith reported that he, Mr. Kelso and Mr. Jeff Garton, the school district lawyer, were working on completing a revised sewer agreement.  Mr. Kelso explained that they were assigning some capacity that had never been used at the elementary schools to the high school and were cleaning up some easement issues. 

Mr. John Cunningham commented that he felt the landscaping should be allowed to be done as a separate requirement.  Mr. Cunningham felt the approval could be contingent upon the landscaping work being done.   Solicitor Smith explained that by leaving it in the plan, then if the landscaping was not done, then it would have to be done with the rest of the improvements.

Mr. George Michel asked if the Board was considering voting that evening for final approval and if so he recommended that the school district review the energy conservation measures being utilized for the benefit of the press.  Mr. Rowan responded that they would be voting.  Mr. Mark Marella discussed the following points:

• Use of an existing 40 year old building was green in and of itself 
• The building will be upgraded mechanically to bring it up to today’s standards for energy use and it will have increased fresh air 
• There will be a building management system so everything will be properly controlled and monitored. 
• There will be solar panels and shading on windows on the south side of the building.
• Daylight harvesting (adjustment of lights according to the amount of daylight coming in) will be utilized. 
• There will be bettering insulation on roofs and the front façade. 
• Windows will be added for more natural light. 
• Heat is being recaptured from air exhausted from the building to use for space heating. 
• Carbon Monoxide sensors are being introduced so if the sensors detect a room is not occupied, then the energy use will be reduced.  Lighting upgrades are projected to save $50,000 per year. 
• There will be low flow and waterless urinals. 

Mr. Rowan asked how long the renovations would take.  Mr. Marella responded three to four years and explained that the work would be done in phases since the building would be occupied during renovations.

Mrs. Rash made a motion, seconded by Mr. Rowan to approve the final plan of Land Development (plan dated “Revised 1/22/10”) of “Central Bucks East Addition & Renovations”, Township File LD 2009-02, submitted by Gilmore & Associates on behalf of Central Bucks School District, T.P. 6-14-12, Anderson Road, 66 acres, in the “I” Zoning District subject to compliance with all issues raised in the February 22, 2010 Knight Engineering review letter and the February 23, 2010 Landscape Review Consultants review letter as well as  addressing the Fire Marshall comments issued on February 3, 2010 regarding speed lumps noting that the school district engineer and Mr. Dan Gray would discuss alternatives to speed bumps that would lessen wear and tear on fire trucks.  Mrs. Rash added that the Kinney Smith property could be planted this spring and in fall in advance of construction, however would be included on the plan (if completed before the project was escrowed and the development agreement drawn, then it would be eliminated from those agreements).  Mr. Rowan requested that the engineers present the best engineering solution for the speed lumps to the Board as a courtesy, but that the approval was not conditional on the Board approving the traffic calming plan agreed to by the engineers. All parties were in agreement. The Township Solicitor was directed to prepare the written approval as required by the MPC.  The findings, terms and conditions of that written approval, read as complimentary to these minutes, shall be controlling. The motion carried unanimously.   

2.  Consideration of authorizing the township staff to pull the remaining security if the extension is not received for the “Devonshire Estates, Phase IV” subdivision, Township File SA 97-01.

Mrs. Rash made a motion to authorize Township staff to call the remaining security if an extensionof the time within which to complete the improvements was not timely offered for the “Devonshire Estates, Phase IV” subdivision, Township File SA 97-01. 

Mr. Michel asked about the potential impact of the Orleans bankruptcy.  Solicitor Smith responded that the Township had already called the security in other phases.  Mr. Michel asked how the Township was allowed to pull securities if they were in bankruptcy.  Solicitor Smith explained that the securities were also posted by a third party, not the bankrupt developer, and in this case it was Wachovia. 

The motion carried unanimously.

3.  Consideration of accepting the Agreement to Extend the Residential Development Contract and Water and Sanitary Sewer Development Agreement to April 25, 2011 from David B. Anderson of Toll PA L.P., for the “Buckingham Forest, Phase I” Subdivision, Township File SA 97-01.

Mrs. Rash made a motion, seconded by Mr. Rowan to accept the Agreement to Extend the Residential Development Contract and Water and Sanitary Sewer Development Agreement to April 25, 2011 from David B. Anderson of Toll PA L.P., for the “Buckingham Forest, Phase I” Subdivision, Township File SA 97-01.  The motion carried unanimously.

4.  Consideration of accepting the Agreement to Extend the Development Agreement to April 22, 2011 from the Archdiocese of Philadelphia, for “Our Lady of Guadalupe Church, Phase I”  Land Development, Township File LD 2006-01.

Mrs. Rash made a motion, seconded by Mr. Rowan to accept the Agreement to Extend the Development Agreement to April 22, 2011 from the Archdiocese of Philadelphia, for “Our Lady of Guadalupe Church, Phase I”  Land Development, Township File LD 2006-01.  The motion carried unanimously.

5.  Consideration of accepting the two-month extensions of Maintenance Bonds #929451598 and #929451599 to June 8, 2010, for “The Oaks at Buckingham”, Township File SA 97-02.

Mrs. Rash made a motion, seconded by Mr. Rowan to accept the two-month extensions of Maintenance Bonds #929451598 and #929451599 to June 8, 2010, for “The Oaks at Buckingham”, Township File SA 97-02.  Mr. Rowan asked for an explanation.  Mr. Gray explained that weather had caused the delays.  Ms. Manicone noted that the outstanding landscaping work was to begin the following day.  The motion carried unanimously.

6.  Consideration of releasing Letter of Credit #2-180003931 securing the Maintenance Period expiring April 9, 2010 for “EMC (4059 Doylestown Acquisition)”, Township File LD 2000-03, TMP 6-4-10-5, in the amount of $34,000.00.  

Mrs. Rash made a motion, seconded by Mr. Rowan to release Letter of Credit #2-180003931 securing the Maintenance Period expiring April 9, 2010 for “EMC (4059 Doylestown Acquisition)”, Township File LD 2000-03, TMP 6-4-10-5, in the amount of $34,000.00.  Ms. Cozza noted that the Finance Director had reported that $1700.03 was owed.  If the outstanding monies were not received by April 9, 2010 they are to be deducted from the release.  The motion carried unanimously.

7. ESCROW RELEASE:    

Mrs. Rash made a motion, seconded by Mr. Rowan to release $244.07 to Buckingham Township.  Mr. Rowan noted that they were now at $0 and asked if everything they owed was covered.  Ms. Cozza responded yes to date.  The motion carried unanimously.

8.  Consideration of approving Resolution 2120, Accepting the Deed of Easement between the Hughesian Free School Trust, Inc. and the Township of Buckingham for Tax Parcel #6-10-228-8.

Solicitor Smith explained that the easement was for the purpose of the increased water supply to the Furlong water system and that with this easement and a pending lease, the Township was looking to more fully document the legal obligations between the Township, the Hughesians and the School District.  Mrs. Rash made a motion, seconded by Mr. Rowan approving Resolution 2120, Accepting the Deed of Easement between the Hughesian Free School Trust, Inc. and the Township of Buckingham for Tax Parcel #6-10-228-8.  The motion carried unanimously.

 ADDITIONAL BUSINESS/MANAGER’S ITEMS

1.  Consideration of accepting the Roadmaster’s recommendations for the purchase of Stone & Asphalt through the Bucks County Consortium.

Mrs. Rash made a motion, seconded by Mr. Rowan to accept the Roadmaster’s recommendations for the purchase of Stone & Asphalt through the Bucks County Consortium.  The motion carried unanimously.

Other Discussion

Ms. Mehling asked if there were any plans for Holicong Road going up Buckingham Mountain.  Ms. Cozza responded that it had been discussed the previous meeting and it was on the schedule.

2.  Heritage Office

Mr. Cunningham recommended that the Board do something about the Heritage Development where they have illegal signs.  Solicitor Smith reported that the Zoning Hearing Board Solicitor and the people looking at buying the commercial section have been discussing the issue and it should be resolved quickly.  

The Board adjourned to executive session at 8:27pm.

The Board reconvened at 8:55pm.

Mrs. Rash made a motion, seconded by Mr. Rowan to authorize assignment/ assumption of water, wastewater and site development agreements for Heritage Center Commercial to a new purchaser provided payments are made toward existing arrears. The assignment would be to VRI Heritage Associates, L.P. or their nominee and the Board is authorizing the Solicitor to negotiate the amounts of the payments toward the arrears with the authority granted in executive session. Further, officials of the Township are authorized to sign any necessary documents to effectuate and document the approvals and assignments by the Township. 

Mr. Rowan asked about Mr. Cunningham’s issue with signs and the suggestion that this motion would address the problem.  Solicitor Smith explained that the new developer would assume obligation under these agreements and be required to deal with signs as agreed to in the Zoning Hearing Board (ZHB) decision.  Discussion followed about making it a condition of the assignment of approval.  Consensus was that it was not necessary.  Mr. Rowan suggested having the Solicitor talk to the buyer and make it clear that the ZHB decision would be enforced and they would have 29 days to remedy the problem. 

Mr. Cunningham questioned if he could be ticketed for putting out a sign.  Mr. Rowan said that he would be given a notice of violation.  Solicitor Smith explained the process for a zoning violation.  

The motion carried unanimously.

Mrs. Rash made a motion, seconded by Mr. Rowan to grant authority to authorize extinguishment of a 20 foot access easement within the Heritage Development and confirm abandonment of the easement on Tax Parcel 6-8-29. Mr. Gray explained that the easement was created to access the basin built during the Open Bible Baptist Church Project, however, the easement was no longer necessary and is shown on the Heritage Center Plans to be abandoned. Mr. Smith explained that the new developer of the Heritage Center Commercial property requested verification that the easement could be abandoned.. Officials of the Township are authorized to sign any necessary documents to effectuate and document the abandonment of the easement.  The motion carried unanimously.

Mr. Rowan made a motion, seconded by Mrs. Rash to adjourn to executive session at 9:05 pm.  The motion carried unanimously.

Approved by the Board of Supervisors on the 14^th  day of April, 2010.

Buckingham Township Board of Supervisors

                                                            ______________________________________

                                                            Jon Forest, Chairman

                                                            ______________________________________

                                                           Maggie Rash, Vice-Chairman

                                                            ______________________________________ 

                                                            Henry Rowan, Member

Attest:

_____________________________

Dana S. Cozza, Secretary