Board of Supervisors
Wednesday, April 14 2010
The regular meeting of the Buckingham Township Board of Supervisors was held April 14, 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
Dana S. Cozza Township Manager
Daniel Gray Township Engineer
Thomas Kelso Township Water/Wastewater Consultant
Lynn Bush Bucks County Planning Commission
Mr. Forest called the regular meeting to order at 7:35 pm and led The Pledge of Allegiance.
PUBLIC COMMENT
Mr. John Cunningham, Carversville Road, asked about the status of the signs at Heritage that were supposed to be removed within 90 days of the Zoning Hearing Board (ZHB) decision in October. Mr. Cunningham commented that he felt the variance should be nullified since they were not meeting the terms of the variance. Ms. Cozza explained that the Township was working with the new owners on getting the signs down. Solicitor Smith explained that the Board did not have authority to nullify decisions of the ZHB and suggested that Mr. Cunningham allow the new owners the opportunity to take action (as they had indicated they would). Mr. Forest said he was comfortable with giving the new owner an opportunity to take action. Mr. Rowan asked if anyone had spoken with the new owner. Solicitor Smith reported that the new owner had been advised of the issue in a meeting with staff and subsequently had spoken with the ZHB Solicitor. Discussion followed about whether a violation notice should be issued at the time of settlement. Mrs. Rash asked Solicitor Smith to let the Board know when settlement was final. Mr. Smith indicated that the deed had already been transferred by the bank into the new owner and the only thing remaining was finalizing the assumption of the development agreements and a resolution of the Furlong water issue. Mr. Rowan directed Solicitor Smith to ask the new owners for a schedule for sign removal. Solicitor Smith agreed to make the request once the agreements were finalized.
Mr. George Michel, Pineville, reported that recent studies suggest that there will be more severe and more frequent storms occurring in upcoming years and asked if the Township was looking at ordinance changes based on projected stormwater increases. Mr. Gray agreed that projections have shown that there may be an additional 10” of rain per year. Mr. Gray explained that the increased rainfall must become historical data before showing up in ordinance. Mr. Michel asked if the Township was covered based on values seen for foreseeable future. Mr. Gray reported that the numbers were recently updated and were included in the Subdivision and Land Development Ordinance (SALDO). Mr. Rowan noted that the problem would be frequency relative to other storms especially since the Township was controlling water with infiltration.
Mr. Ed DesChamps asked who owns the signals at Rt. 263 and Rt. 313 and reported that when heading toward Doylestown the red and green look exactly alike. Mr. DesChamps suggested that the bulbs be replaced with LEDs. Ms. Cozza reported that Buckingham owned them and that they were looking into LEDs. Mr. Forest directed the staff to look into changing the bulbs at that light to LEDs. Mr. Gray recommended standard LEDs as opposed to those with a strobe strip.
BOARD’S ANNOUNCEMENTS
Mr. Forest made the following announcement:
- 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.
- “Up, Up and Away – Mad Science Show”, May 14th at 7pm, Buckingham Friends Auditorium, free tickets are available at the township office.
- Mrs. Rash thanked the Civic Association for partnering with the Board to bring the recycling information night to the Township.
PAYROLL AND BILL LIST
Consideration of approving Payroll for the weeks ending March 28, 2010 and April 11, 2010 and the Bill List for the meeting of April 14, 2010.
Mr. Forest made a motion, seconded by Mrs. Rash to approve Payroll for the weeks ending March 28, 2010 and April 11, 2010 and the Bill List for the meeting of April 14, 2010. The motion carried with Mr. Forest and Mrs. Rash voting aye and Mr. Rowan voting nay.
MINUTES
Consideration of approving Supervisor's Minutes of the March 24, 2010 Work Session and March 24, 2010 Regular Business Meeting.
Mrs. Rash made a motion, seconded by Mr. Rowan to approve the Supervisor’s Minutes of the March 24, 2010 Work Session and the March 24, 2010 Regular Business Meeting. The motion carried unanimously.
Consideration of accepting various Departmental Minutes and Advisory Body Minutes.
Mr. Forest made a motion, seconded by Mrs. Rash to accept the various Departmental Minutes and Advisory Body Minutes. The motion carried unanimously.
BUSINESS
1. PUBLIC HEARING: Consideration of approving Ordinance #2010-01 Amending the Buckingham Township Zoning Ordinance to Permit Transference of Allowable Impervious Surface Capacity from One Residential Lot to Another Residential Lot within the Planned Business & Residential Zoning District. (Amendments to impervious surface coverage and adult entertainment section of the Ordinance.)
Mr. Forest opened the hearing at 8:08pm.
Mr. Forest provided an overview of the amendments.
Mr. Gray summarized that there was a request from the Homeowners’ Association on behalf of the residents in Arbor Point to allow for the sharing of impervious surface so that the residents on interior lots could have the ability to add a small patio. Mr. Gray reported that Knight Engineering verified that the stormwater system could control the additional runoff and the entire site had extra capacity so the storm system and stormwater management system could accommodate the changes. Mr. Forest noted that all permits would be issued to the Homeowners’ Association. Mr. Gray explained that was the mechanism in place to balance the impervious surface on the four lots.
Solicitor Smith explained that the proposed ordinance also contemplates some changes to adult commercial uses, primarily making adult entertainment uses conditional uses and specifying certain requirements that an applicant would need to meet in order for the conditional use to be granted. He explained that it would give the Board more authority over adult commercial uses than the current ordinance.
Mr. John Cunningham commented that he thought the agenda should list the specific lots that are allowed to share impervious surface and noted that the agenda did not list anything about the changes to the adult entertainment section of the ordinance other than the note in parentheses. Solicitor Smith explained that the Board cannot do special legislation and legislate with respect to specific lots so instead the ordinance is directed to a particular zoning district. Mr. Rowan asked whether in the future proposed ordinances, once advertised, could be put on the Township web site. Ms. Cozza responded that they were not currently posted on the web, but they were advertised and were available at the Township building, the law library and at the newspaper. Mr. Rowan noted that the law library was not convenient and no one reads legal advertisements and felt ordinances should be on line. Consensus was that ordinances once advertised would be made available on the Township web site.
Mr. George Michel asked if the sharing of impervious surface was only in the Planned Business & Residential Zoning District and if it therefore only applied to Arbor Point and Heritage. Mr. Gray explained that it would apply to Heritage but they are not in the same situation so would not have cause to use it. Mr. Gray noted that there was a provision in the ordinance that indicated that any allotting of impervious surface could not exceed the stormwater management facilities and Heritage had limits. Mr. Michel asked if in the current ordinance adult entertainment uses were permitted by right or if it was not addressed. Solicitor Smith explained that there was a current adult commercial section in the ordinance and that adult entertainment was a constitutionally protected use. He explained that in Buckingham Township it was limited to one particular district and that the amendment, which draws from the recent situations with the Coyote bar in Milford and the sports bar in Warrington, says that before an establishment is opened, the owner must come in and show the Township that they meet certain conditions to ensure that there is not an adverse impact on the community or people who visit the establishment. Solicitor Smith summarized that the use would remain but it would be a conditional use.
The hearing was closed at 8:21pm.
Mr. Rowan noted that the revisions to the adult entertainment came out of the Coyote situation in Northern Bucks and noted that Mr. Terry Clemons, ZHB Solicitor, had some interesting ideas and thanked him for his good thoughts.
Mr. Forest made a motion, seconded by Mrs. Rash to approve Ordinance #2010-01 Amending the Buckingham Township Zoning Ordinance to Permit Transference of Allowable Impervious Surface Capacity from One Residential Lot to Another Residential Lot within the Planned Business & Residential Zoning District. (Amendments to impervious surface coverage and adult entertainment section of the Ordinance.) The motion carried unanimously.
2. Consideration of approving Revised Preliminary/Final Plan of Lot Line Change (plan dated Rev. 3/8/10) of the “Trycieki Properties, Lot Line Change”, Township File SA 2010-02, submitted by Gilmore and Associates, Inc. on behalf of Langer Trycieki, T.P. 6-6-64 and 6-14-5, Durham Road (Route 413) and Paist Road, located in the VC-1 and AG-2 Zoning Districts, with a 90-day Review Period Expiration Date of June 1, 2010.
Representing the applicant was Mr. Tom Trycieki and Mr. Dean Riniker, Gilmore & Associates.
Mr. Riniker summarized the lot line change which involves the transfer of 0.157 Acre of TMP No. 6-6-64 to TMP No. 6-14-5. Solicitor Smith noted that they were adding land to the preserved property.
The applicant agreed to comply with all issues raised in the April 7, 2010 Knight Engineering review letter. Mr. Gray reported that Knight Engineering supported the waivers requested in the February 5, 2010 waiver request letter.
Mr. Forest made a motion, seconded by Mrs. Rash to approve the Revised Preliminary/Final Plan of Lot Line Change (plan dated Rev. 3/8/10) of the “Trycieki Properties, Lot Line Change”, Township File SA 2010-02, submitted by Gilmore and Associates, Inc. on behalf of Langer Trycieki, T.P. 6-6-64 and 6-14-5, Durham Road (Route 413) and Paist Road, located in the VC-1 and AG-2 Zoning Districts and grant all waivers as requested in the February 5, 2010 letter subject to compliance with all issues raised in the consultant review letters including the April 7, 2010 Knight Engineering Reviewer letter and the April 7, 2010 Landscape Review Consultants review letter. 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. Mr. Trycieki on behalf of his family thanked the Township Supervisors and all committees who have worked with them.
Mr. Rowan asked the staff to look at options for a procedure that is quick and easy and does not require a lot of planning for a small scale project. Solicitor Smith noted that the Board does have the authority under the current Subdivision Ordinance to waive subdivision and land development requirements. Ms. Bush noted that other municipalities have looked at a simplified subdivision for preserved properties to make it easier. The Board requested that Ms. Bush provide them with a draft ordinance. Mr. Gray noted that there was something minimal in the ordinance that said a simpler procedure could be requested if doing a very simple project.
3. Consideration of accepting the Agreement to Extend the Land Development Contract and Tripartite Escrow Agreement to April 26, 2011 from Larry Rankin of Covenant Presbyterian Church of Mechanicsville, Inc. for “Covenant Presbyterian Church of Mechanicsville, Inc., Phase I”, Township File LD 2001-02A.
Mr. Forest made a motion, seconded by Mrs. Rash to accept the Agreement to Extend the Land Development Contract and Tripartite Agreement to April 26, 2011 from Larry Rankin of Covenant Presbyterian Church of Mechanicsville, Inc. for “Covenant Presbyterian Church of Mechanicsville, Inc., Phase I”, Township File LD 2001-02A The motion carried unanimously.
4. Consideration of accepting the Agreement to Extend the Residential Development Contract and Water and Sanitary Sewer Development Agreement to April 9, 2011 from William C. Briegel of Orleans Corporation, for the “Devonshire Estates, PhaseIII and Phase IV” Subdivision, Township File SA 97-01 OR Consideration of authorizing the township staff to pull the remaining security.
Given Orleans’ bankruptcy, the Board did not think improvements would be finished in a timely manne., Accordingly, Mr. Forest made a motion, seconded by Mrs. Rash to not accept the offered extensions to the development agreements and to authorize staff to pull the security for Devonshire Estates Phase III and Phase IV, Township File SA 97-01.
Mr. Cunningham asked what was meant by pulling security. Mr. Forest explained that the Township would pull the money in escrow and have the improvements done by the Township or a subcontractor.
Mr. George Michel asked what impact this would have on Orleans. Solicitor Smith explained that they were bankrupt. Mr. Michel asked how the Township would get the money. Solicitor Smith explained that there was an agreement between the Township, the developer and a third party who guaranteed that the developer would perform under the contract and if not then the Township could go to the third party to cover expenses. He explained that there were bonds which a bonding company has said would guarantee the performance of the developer. Solicitor Smith explained that the Township would seek the money for the improvements from the third party and the third party would have to go into bankruptcy court to get paid back by the developer. Mr. Forest explained that the Township did not want to be in a position where Orleans could say that the Township forced them into bankruptcy by pulling the money. Solicitor Smith noted that up until very recently Orleans was out doing work.
The motion carried unanimously.
5. Consideration of accepting the Agreement to Extend the Residential Development Contract and Water and Sanitary Sewer Development Agreement to May 26, 2011 for the “Windsor Square” Subdivision, Township File SA 2001-03 OR Consideration of authorizing the township staff to pull the remaining security.
Mr. Forest made a motion, seconded by Mrs. Rash to not accept the offered extensions to the development agreements and to authorize Township staff to pull all remaining security for all of Windsor Square Subdivision because the Township, given Orleans’ bankruptcy, did not think the improvements would be finished in a timely manner.. Mr. Forest noted that there was a note from the Finance Director that $25,041.48 was past due.
The motion carried unanimously.
6. Consideration of releasing Bond #587763S securing the Maintenance Period expiring April 22, 2010 for “Funk Tract”, Township File SA 2001-13, TMP 6-14-60, in the amount of $14,975.84.
Mr. Gray reported that the majority of site improvements were completed and acceptable to Knight Engineering. Ms. Manicone reported that a dozen or so shrubs had died or were in need of attention and that some plant material in the bioretention facility had either been eaten or were otherwise missing. Mr. Gray reported that he had spoken with the owner who had said she would be happy if plant material in the buffer were replaced but she was not worried about plants in the bioretention facility. Mr. Gray recommended authorizing the staff to pull the maintenance bond if work was not done before expiration of the maintenance bond. Ms. Cozza noted that the Board should also pull for monies due to the township (outstanding balance of $1,168.87).
Mr. Forest made a motion, seconded by Mrs. Rash to authorize Township staff to call the maintenance bond on the “Funk Tract,” Township File SA 2001-13, TMP 6-14-60 and finish improvements if work was not completed by Friday April 16, 2010. If there was a balance remaining the balance would be refunded to the surety. The motion carried unanimously.
7. Consideration of approving Resolution #2121 Authorizing the Bucks County Tax Collection Committee (TCC) to file an Application with the Pennsylvania Department of Community and Economic Development (DCED) for a Grant to Assist the TCC with Start Up Costs.
Ms. Cozza explained that the State mandated that all earned income tax in Pennsylvania be collected by counties and that this resolution was to allow the TCC to go for a $5,000 grant from the DCED to support startup costs. Mr. Rowan asked about the wording in the last paragraph and asked if there was a matching requirement. Ms. Cozza explained that Buckingham Township had already paid $2,225 as was determined by DCED as Buckingham’s share of start up costs and that there was no matching requirement. She explained that the start up cost was based on the municipality earned incomes. Ms. Cozza reported that the total collected from everyone in the County was $75,000. Mrs. Rash asked if this would be in lieu of Berkheimer. Ms. Cozza explained that it could still be Berkheimer but that everyone in the County would have the same contract.
Ms. Bush asked if all Bucks County municipalities had to sign the resolution. Ms. Cozza responded that they did. Ms. Cozza reported that the committee was getting feedback as to whether it would be desirable to have this entity collect local services taxes as well. Mr. Forest felt they should deal with the earned income tax before taking on anything else.
Mr. Rowan asked how much Buckingham collects in the earned income tax (EIT). Ms. Cozza responded it was about $3 million. Mr. Rowan expressed concern about handing over $3 million to an organization who could not write a clear resolution. Ms. Cozza reiterated that participation was State mandated.
Mr. George Michel asked what happens if two supervisors vote down the resolution. Ms. Cozza thought that the TCC might not get the grant. Mrs. Rash suggested that Mr. Rowan should go to the next committee meeting of the TCC. Mr. Forest noted participation was State mandated and so the resolution should be passed. Mr. Rowan felt it was not done right and should ask the TCC to write a proper resolution.
Ms. Cozza suggested taking out the word municipal in the last paragraph. Ms. Bush felt the last paragraph could be eliminated entirely. Ms. Cozza expressed concern that if the form resolution was materially changed, DCED may reject the resolution and the grant.
Mr. Forest made a motion, seconded by Mrs. Rash to approve resolution 2121 Authorizing the Bucks County Tax Collection Committee (TCC) to file an Application with the Pennsylvania Department of Community and Economic Development (DCED) for a Grant to Assist the TCC with Start Up Costs amending the last paragraph as follows: “And be it further resolved that the Board of Delegates of the Bucks County Tax Collection Committee hereby allocates the grant in the amount of $5,000 to said project.”
Mr. Cunningham questioned why payment was approved in the bill list before approval of the resolution. Ms. Cozza explained that the resolution was for a grant application to support start up costs for the TCC and not for the cost of participation in the program. Participation was State mandated.
Ms. Bush asked what happens if the committee does not get the grant. Ms. Cozza felt there would be additional Township expenses were the grant not received.
The motion carried with Mr. Forest and Mrs. Rash voting aye and Mr. Rowan voting nay.
ADDITIONAL BUSINESS / MANAGER’S ITEMS
1. Heritage Residential
Solicitor Smith explained that Heritage was also in bankruptcy. Solicitor Smith advised that the Township might want to consider calling the security on Heritage residential so that the Township could assume the obligation of finishing the work (Township File SA 2001-02 and LD 2001-01).
Mr. Rowan asked why this item was not on the agenda. Ms. Cozza explained that it was on the draft agenda and then when the Heritage commercial came off the agenda, the Heritage residential project accidentally came off the agenda as well.
Mr. Forest made a motion, seconded by Mr. Rowan to authorize Township staff to call the security on Heritage Residential SA 2001-02 and LD 2001-01for the water, sewer and site improvements. The motion carried unanimously.
Mrs. Rash made a motion, seconded by Mr. Forest to adjourn the meeting at 9:15pm. The motion carried unanimously.
Approved by the Board of Supervisors on the 28th day of April, 2010.
Buckingham Township Board of Supervisors
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Jon Forest, Chairman
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Maggie Rash, Vice-Chairman
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Henry Rowan, Member
Attest:
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Dana S. Cozza, Secretary
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