Board of Supervisors Work Session
Wednesday, June 09 2010
Minutes
The work session of the Buckingham Township Board of Supervisors was held June 9, 2010 in the Township Building, 4613 Hughesian Drive, Buckingham, Pennsylvania.
Present:
Jon Forest Chairman
Maggie Rash Vice-Chairman
Henry Rowan Member
Dana Cozza Township Manager
Craig A. Smith, Esquire Township Solicitor
Dan Gray Township Engineer
Tom Kelso Township Water/Wastewater Consultant
Lynn Bush Bucks County Planning Commission
The meeting was called to order at 7:05pm.
1. Verrichia Tract
Representing the applicant was Mr. William Benner, Attorney. Mr. Benner provided a thorough history of the project concluding with the current state of affairs. Mr. Benner reported that in March 2010 Ms. Cozza issued her routine message stating that the Development Agreement was going to expire in May 2010 and sent out a form extension Agreement. As the Developer’s bank had not yet renewed his financing, they were only willing to extend the Security Agreement to May 26, 2010. Mr. Benner indicated that Mr. Verrichia had been happy to sign another extension but proposed extending the Development Agreement and escrow to the end of June 2010 because his bank had still not yet renewed his financing and was unwilling to continue the security past that date. Mr. Benner reported that the documents were signed and submitted but he was not sure what occurred. Mr. Benner reported that the record shows that on May 21, 2010 Ms. Cozza issued a formal notice that a breach was about to occur and on May 26, 2010 Ms. Cozza issued a call upon Wilmington Trust for the full escrow amount of $458,000. An interim agreement was reached under which the deadline for payment of the funds by Wilmington Trust was extended to June 10, 2010 to give Mr. Verrichia this opportunity to address the Board of Supervisors.
Mr. Benner explained that between the date of the call letter and June 9, 2010 a request had been made to reduce the escrow down to $48,000. Mr. Benner reported that the Project Engineer had inspected the required improvements and in his opinion found the required improvements to have been satisfactorily completed or to the extent they were not completed what remained were punch list items minor in nature that would be completed by the end of the month.
Mr. Benner explained that Mr. Verrichia was working with Wilmington Trust to complete a refinance package of his construction loan extending the term of the loan to September 30, 2011. Mr. Benner explained that the present call, once paid, would be considered a default on the construction loan and the consequences would be severe to Wilmington Trust and Mr. Verrichia.
Mr. Benner requested that the Development Agreement and Escrow Agreement be extended to the end of the month (June 2010) and in that time an additional extension would be signed when the Developer’s modified Construction Loan Agreement was in place with Wilmington Trust.
Mr. Rowan noted that the security was called because the Township had not heard back from Wilmington Trust and asked if the Township currently had a letter extending to the end of the month. Mr. Benner responded that there was letter that extended to June 26, 2010. Mr. Rowan was satisfied with the letter and asked if the applicant was asking to have the escrow fund reduced. Mr. Benner responded that the financial security would be $458,000 and then they would follow the normal process.
Solicitor Smith summarized that the escrow was called and under the terms of the tripartite agreement after three days the money was to be turned over. So that the Board could consider the applicant’s request, the Township extended to June 10, 2010 the date by which Wilmington Trust would turn the money over to the Township. Solicitor Smith summarized the Board’s options: 1) pull the call back and make it void and authorize the staff to do something again if they did not receive the new extension by June 26, 2010, 2) leave the present call in effect but tell Wilmington Trust not to pay the money until the loan documents were complete or 3) do nothing.
After discussion it was decided that the Board would extend the date under which funds had to be turned over to the Township under the existing call to and including June 28, 2010.
Mr. Benner asked Solicitor Smith to send him a simple extension form. Ms. Cozza agreed to provide the form. Mr. Benner asked that a communication be made to Wilmington Trust the following day.
The Work Session was adjourned at 7:30pm.
The Work Session reconvened at 8:55pm.
2. Robert and Maureen Prieto 2894 Snake Hill Road TP 6-10-60 Request for Connection to Public Sewer
Mr. Kelso explained that the Health Department wanted this house to connect to public sewer. Mr. Kelso recommended that the Board allow them to connect noting that there would be private ownership of the line. The Board agreed that they could connect and that it would be placed on the agenda and that Mr. Kelso could advise them to proceed with the easements.
3. NPDES Draft Permit Changes to Buckingham Village Wastewater Treatment Plant
Mr. Kelso explained that the DEP was tightening standards for the Neshaminy Creek in terms of chlorine, phosphorus and dissolved oxygen. The Board expressed some interest in the goal of ultraviolet disinfection as a long term solution to reduce chlorine use. Mr. Kelso suggested the possibility of increasing rates to cover increased capital costs. The main concern with phosphorus was that TMDL’s had not yet been set. Ms. Cozza noted that there was a comment period and she was suggesting that phosphorus control not be addressed until the limits were set. Mr. Kelso explained that phosphorus would be removed through the addition of a chemical that would pull out the phosphorus before discharge so there would be increased costs. Mr. Kelso noted that the equipment could be put in place within a month at a cost between $10,000 to $30,000.
4. Update on Furlong Water System
Ms. Cozza and Mr. Kelso wanted to make the Board aware that because of low rainfall and increased water use they had seen some decreases in well elevations, especially F-1 and that the wells were being monitored. The short-term action plan included: 1) leak detection at Arbor Point, 2) usage of F-4 and F-5 and 3) F-9 was brought on line the previous day.
5. Baseball fields
Ms. Cozza reported that DAA had discussed the poor condition of the infield grass areas in the 60 and 90 foot baseball fields. They asked the Public Works Director to consider replacing the grass with “infield mix.” Ms. Cozza reported that the estimated cost would be $5,000. Mr. Rowan expressed concern that the fields would be unplayable in any kind of bad weather and felt that grass would better slow down the ball.
The meeting was adjourned at 9:35pm.
Approved by the Board of Supervisors on the 23rd day of June, 2010.
Buckingham Township Board of Supervisors
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Jon Forest, Chairman
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Attest: Maggie Rash, Vice-Chairman
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Dana S. Cozza, Secretary Henry Rowan, Member
Minutes respectfully submitted by Suzanne Safran.
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