Board of Supervisors
Wednesday, December 09 2009
Buckingham Township Board of Supervisors
Meeting Minutes
The regular meeting of the Buckingham Township Board of Supervisors was held December 9, 2009 in the Township Building, 4613 Hughesian Drive, Buckingham, Pennsylvania.
Maggie Rash Chairperson
Jon Forest Vice-Chairman
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: Henry Rowan Member
Mrs. Rash called the regular meeting to order at 7:35 pm and led The Pledge of Allegiance.
Mrs. Cozza presented a PowerPoint presentation regarding the proposed budget and questions that had been brought before the Board and Township staff prior to the meeting regarding the tax increase. Highlights of the presentation:
- In 2010 Buckingham Township residents will pay 114.8 mills to the school district, 21.9 mills to the County and 5.5 mills to the Township, which translates to on every dollar $.81 to the school district, $.15 to the County and $.04 to the Township.
- A comparison of tax rates of neighboring municipalities was provided with Buckingham Township being amongst the lowest (even with the proposed increase)
- Average costs to taxpayers was provided
Current 1.5 mils = approx. $75
.75 mils Fire
.25 mils Ambulance
.5 mils Open Space
5.5 mils = approx. $275
.75 mils Fire
.25 mils Ambulance
4.5 mils Open Space
- Open space referendums were passed with greater than 80% support in 1995 ($4 million), 1999 ($9.5 million) and 2008 ($20 million).
- A history of open space millage was provided showing that in the past the Township had collected taxes at a higher rate to support open space, but in 2005 the decision was made to utilize surplus funds and lower that tax.
- Ms. Cozza reviewed the benefits (reduced development, enhanced property values and protection of natural resources) of land preservation.
Mrs. Cozza pointed out that in Buckingham Township there was no general fund tax; the general fund was funded by earned income and transfer tax.
PUBLIC COMMENT
Mr. Chuck Arkell, 3191 Antler Drive, expressed disagreement with the justification that the referendum passed (with a huge majority) in 2008 authorizing debt and therefore the Township was obligated to purchase open space. Mr. Arkell felt that projects could be put on hold and noted that the economy was not as favorable as when the bond passed. Mr. Arkell asked the Board to 1) rerun the budget to reflect no capital land purchases in 2010, 2) temporarily suspend land acquisition until such time general revenue and transfer tax could pay for it 3) raise the tax to service past debt but no more, 4) focus future land purchase for open spaces that every citizen could access and/or those that are essential for clean drinking water and environmental sensitivity and 5) include the Agricultural Preservation Committee meeting minutes on the web site. Mr. Forest noted that the Natural Lands Trust had recently purchased a 100 acre nature preserve accessible for all citizens.
Mr. George Michel, Pineville, expressed support for the tax increase and the need for the Township to act expediently in land preservation. He noted that all open space referendums have been landslide victories and that this most recent victory came at the perfect time in terms of interest rates and interest from property owners to sell. He noted that the tax increase was advertised and publicized at the time of the referendum. Mr. Michel noted that the short term tax loss would be offset by tax gains.
Mrs. Janet French agreed that the community was informed that there was a cost for the land preservation and she read from the referendum brochure that outlined the costs ($180/year if full amount borrowed). Mrs. French cautioned that while citizens might be able to put off buying a car for a few years (because the cars would still be there), the Township could not wait because in a few years the land might not be available. She agreed that it was a good time to buy land for preservation because people were willing to sell. Mrs. French reported that the cost per student in the Central Bucks School District was over $13,000 per year. She felt that the cost for land preservation was so modest in terms of long term benefit.
Ms. Arline Soffian provided a history of the Township and the work that went into establishing the open space program. Ms. Soffian explained that the Supervisors at the time did research about the money saved by preserving land rather than educating children. She noted that Buckingham was a leader in land preservation and was the first Township in the Country to preserve a farm with Township funds. Mrs. Rash noted that there were only three large properties/farms remaining in the Township.
Mr. John Cunningham expressed concern about borrowing money to pay interest. Mr. Cunningham noted that the 2010 budgeted showed a surplus of $3.5 million and asked if the interest being earned on the surplus was higher or lower than what was being paid for what was borrowed. If it was not higher, then he felt the surplus should be spent.
Ms. Susan Sciacca agreed that residents were getting a lot for their money and that people came to the Township for the good schools but also because it was a beautiful place because of preserved land. Ms. Sciacca said the Intel did us a disservice in reporting outrageous figures. She explained that when you take a thimble full of tax and double or triple it, you have a bigger thimble but you still have a thimble.
Mr. Paul Martissa expressed concern with the lack of foresight in projecting this shortfall so that the tax increase could have been mitigated. Mr. Martissa expressed his disagreement with the policy to pay capitalized interest out of the $20 million bond as he felt it minimized the money available for land.
Mr. Sam Losorelli asked if the budget passes, if there would be $20 million to purchase land. Mrs. Rash explained that instead of paying for debt through the general fund, it would be paid through the millage. She explained that 0.5 mills of the proposed increase would fund future land preservation and the rest would pay for existing open space debt. Mrs. Rash reported that there was a possibility for a partnership with the County next year. Mr. Losorelli commented that as a citizen he agreed that the Township needed to preserve land now and as a representative of the Board of Auditors he agreed with the cuts and supported the budget on the table.
Ms. Bush commented that in the 1000 Comprehensive Plan surveys that had been returned there was overwhelming support for land preservation.
Mrs. Rash expressed agreement that land should be preserved now. She noted that there had been a reprieve from millage for the past several years, but at some point the taxpayers must pay for the preservation.
BOARD’S ANNOUNCEMENTS
Mrs. Rash made the following announcements:
- Upcoming Board of Supervisor meetings:
The December 23rd meeting has been re-scheduled to be held Tuesday, December 22nd with the regular meeting times of the Work Session at 6:00 p .m. followed by the business meeting at 7:30 p.m. The Annual Reorganization Meeting will be held Monday, January 4, 2010 at 6:00 p.m. A Regular Board of Supervisor Work Session and Business Meeting will be held Wednesday, January 13, 2010, beginning at 6:00 p.m.
- The Annual Board of Auditors Reorganization Meeting will be held Tuesday, January 5, 2010 at 7:00 p.m.
- The Buckingham Township Administrative Offices will be closed December 24th at 12:00 p.m., and all day on December 25th. The offices will also be closed on January 1, 2010.
- Red Cross Blood Drive: Tuesday, December 29, 2009, from 2-8 p.m. Call 215-794-8834 and make your appointment.
PAYROLL AND BILL LIST
Consideration of approving Payroll for the week ending December 6, 2009 and the Bill List for the meeting of December 9, 2009.
Mrs. Rash made a motion, seconded by Mr. Forest to approve Payroll for the week ending December 6, 2009 and the Bill List for the meeting of December 9, 2009. Mrs. Rash asked about a payment to Tangibles. Mr. Kelso responded that it was for well F8. The motion carried unanimously.
MINUTES
Consideration of approving Supervisor's Minutes of the November 18, 2009 Work Session and November 18, 2009 Regular Business Meeting, and the December 1, 2009 Regular Business Meeting.
Mrs. Rash made a motion, seconded by Mr. Forest to approve the Supervisor’s Minutes of the November 18, 2009 Work Session and November 18, 2009 Regular Business Meeting and the December 1, 2009 Regular Business Meeting. The motion carried unanimously.
Consideration of accepting various Departmental Minutes and Advisory Body Minutes.
Mrs. Rash made a motion, seconded by Mr. Forest to accept the various Departmental Minutes and Advisory Body Minutes. The motion carried unanimously.
Mrs. Rash asked that the Agricultural Preservation Committee minutes be included on the web site.
BUSINESS
1. Consideration of approving Resolution 2095, Adopting the Updated Municipal Open Space Plan.
Mrs. Rash noted that the plan was updated by Mrs. Janet French and the draft was approved by the County. Mrs. Rash thanked Mrs. French for her work. Mrs. Rash explained that the County would provide $823,000 in County Open Space funds in the form of a grant for a specific project. Mrs. Rash made a motion, seconded by Mr. Forest to approve Resolution 2095, Adopting the Updated Municipal Open Space Plan. The motion carried unanimously.
2. Consideration of approving Resolution 2096, Authorizing the Purchase of a Utility Easement on Tax Map Parcel 6-10-227.
Mrs. Rash made a motion, seconded by Mr. Forest to approve Resolution 2096, Authorizing the Purchase of a Utility Easement on Tax Map Parcel 6-10-227. Mr. Kelso explained that it was for the purchase of a utility easement from the Yerkes property to take water from well F8 to the Furlong water system. Solicitor Smith noted that it was being acquired in lieu of condemnation so there would not be a transfer tax charge.
Mr. Michel asked about how the motion linked into the Intelligencer article about Furlong water. Mr. Kelso explained that the intent of this easement was to save money getting the water to Furlong by purchasing an easement through farm fields rather than having to go down Route 263. Mr. Kelso explained that the article was on the plan to address the groundwater contamination in Furlong.
The motion carried unanimously.
3. Consideration of approving Revised Final Major Subdivision Plan (plan dated “rev. 10/15/09”) of the “Estates at Forest Grove (Smith Pfeiffer) aka Mill Creek Ridge”, Township File SA 2001-05C, submitted by Gilmore & Associates, Inc. on behalf of Toll Brothers, Inc., T.P. 6-23-1, 6-23-4, 6-23-13, 6-23-14 & 6-23-17, Dark Hollow Road / Smith Road / Forest Grove Road, 183.1 Acres, 71 Lots, in the AG-1 Zoning District. Extended 90-day Review Period Expiration date December 31, 2009. (Note: Wastewater Planning Modules were approved by PA DEP 12/22/05.)
Representing the applicant was Mr. Steve Harris, Attorney, Mr. Greg Glitzer, Project Engineer and Mr. Dave Anderson, Toll Brothers. A transcript of the proceedings was taken by a Court Stenographer and will be provided to the Township.
In light of the addition of the Histandt property in a cleaned-up condition, Mrs. Rash asked to table the discussion and revisit the issue on December 22, 2009 when Mr. Rowan would be in attendance. Mr. Harris agreed to return.
4. Review of Revised Preliminary Plan of Land Development (Plan dated “rev. 11/13/09”) submitted by Gilmore & Associates on behalf of Central Bucks School District, “Central Bucks East Addition & Renovations”, Township File LD 2009-02, T.P. 6-14-12, Anderson Road, 66 acres, in the “I” Zoning District. Extended review period expires January 17, 2010.
AND
Consideration of Request for Sewage Facilities Planning Exemption for “Central Bucks East Addition & Renovations”, Township File LD 2009-02.
Representing the School Board was Mr. Tom Hanna, Project Engineer, Mr. Mark Marella, Project Architect and Mr. John Giannini and Mr. Ken Roedemer, Central Bucks School District.
Mr. Harris summarized that the project had received variances from the Zoning Hearing Board (ZHB), preliminary plans were submitted in July, 2009 and they had gone before the Planning Commission (PC) and received a recommendation for approval.
Mr. Marella provided an overview of the project. The plan was to refresh the building (bringing in natural light because the building had limited windows, replace mechanical systems with energy efficient systems, install low flow plumbing and new lighting). They would be adding a two floor science and technology wing and a small weight room addition in the back (and possibly some exterior bathrooms). Renovations would be done to the 1970s portion of the building. The bus loop was being moved out to put green in front. The façade was to be renovated. The wall pack lighting was being replaced and the greenhouse removed. Mr. Marella noted that they could not do the green roof (as originally planned) because it was cost prohibitive. He noted that wind turbine was also found to be not cost effective. He reported that the intent was to do photovoltaic panels on the science wing. He added that in the science addition the lighting would be adjusted according to the light coming in the windows and other rooms would have occupancy sensors for lighting and heating/cooling (forced air). Mr. Marella reported that they explored geothermal but it did not turn out to be cost effective. Mr. Roedemer noted that forced air was required for ventilation reasons. Ms. Bush noted that everything she learned from running the county programs was that it was better to go with energy efficient fixtures than newer technologies and she felt the approach used in this application was best. Mr. Giannini noted that upgrading the lighting would save the district $50,000/yr.
Mr. Hanna reviewed the site issues:
1) The bus loop and parking field in front was being reconstructed. He noted that they were taking the green space between the lot and road and flipping it to between the building and parking lot.
2) They were implementing a similar access modification to the student parking lot. All cars would have to turn left and come down to Holicong Road. Speed tables and/or raised crosswalks were added (two on Anderson Road and four on Holicong Road) at the recommendation of the PC. A bike path was being added down to York Road to provide dedicated access to students coming from the school to the athletic fields.
3) The basin was redesigned to the capacity of the existing channel that leaves the site. Infiltration beds will be installed upstream of the basin that will take rooftop and parking lot drainage that comes of Holicong Middle School. He noted that the infiltration beds would be located under the reconstructed parking lot along Holicong Road.
4) Regarding the sanitary sewers there was an effort to consolidate existing agreements in place between the high school, middle school and elementary school. Mr. Kelso noted that the elementary school uses less water than was allocated so they thought it made sense to consolidate since all the flow goes to the same water treatment plant.
5) The District had spoken with the farmer across Anderson road adjacent to the Kinney Smith playing fields regarding buffer plantings. Mr. Hanna noted that they were working to address the desires of the neighbor and the intention of the District was to do the work over the next few growing seasons.
December 4, 2009 Knight Engineering Review Letter
Mr. Gray asked for a discussion of the impervious surface issue. Mr. Hanna explained that they had received variances from the ZHB for 38% impervious surface. Mr. John Cunningham noted that the stadium was not included in the application. Mr. Cunningham asked if the plan before the Board had the stadium included. Mr. Cunningham felt if the stadium was not included, then the Board should not consider the plan. Mr. Gray explained that on November 30, 2009 Knight Engineering suggested putting together a consolidated plan with both the stadium and high school renovations included. Mr. Hanna reported that the consolidated plan resulted in 37.41% impervious surface. Mr. Gray noted that the two bathrooms by the football field would need to be eliminated to meet impervious surface requirements. Mr. Hanna explained that both plans showed external bathrooms so one would need to be eliminated. Solicitor Smith suggested specifying that whichever project went first would get the bathroom. Mr. Marella noted that the bathrooms on the building would not suit a 3,000 seat stadium. Mr. Giannini noted that the bathrooms were an alternate bid and depending on the budget they might not get built. Mr. Giannini assured the Board that either way two sets of bathrooms would not be built.
Mr. Cunningham asked if the stadium was approved. Mrs. Rash said the Board gave approval. Mr. Cunningham asked how the District could submit a plan without including information about an approved plan. Solicitor Smith noted that the Township Engineer did ask them to submit a consolidated plan and what he heard was that they have demonstrated that with both projects going forward they can meet impervious surface requirements by about 0.5%. Mr. Gray explained that the reason they did not have everything on this plan was because they did not know which plan would move forward first and they needed to have a plan they could show to go out for bid. Mr. Giannini explained that stadium was approved but he was not sure when and if it would be built. He noted that the renovations had to move forward because they were for education. Mrs. Rash asked if the consolidated plan could be considered and be phased. Mr. Roedinger asked why they should show it phased if the stadium might never be built; it was a separate project and the District did not want them tied together. Mrs. Rash felt that consolidating would address Mr. Cunningham’s concerns. Mr. Hanna offered to provide Mr. Cunningham with a copy of the consolidated plan. Mr. Cunningham asked the Board to make it a condition of approval that both plans combined must meet impervious surface requirements. Mr. Forest felt they had done so by providing the consolidated plan. Solicitor Smith felt the exterior bathroom issue (which would be built) needed to be addressed. After discussion it was decided that a condition of approval would be that only one set of bathrooms (either those on the renovation plan or those on the stadium plan) could be built. Solicitor Smith noted that he would advise the board that they had seen the consolidation plan and with restrictions the impervious surface is acceptable.
Mrs. Rash suggested that the consolidated plan be included as a sheet in the renovation plan so it would be included as the discussion and approval process moved forward. Solicitor Smith suggested that it could be included as a demonstration plan. The School Board representatives noted that they would like to discuss the issue with their attorney. Solicitor Smith suggested that the Board could make it a condition of approval and if the School Board attorney did not like it, he would appeal the conditional approval.
The applicant agreed that they would comply with all issues raised in the review letter other than those discussed below.
16.1 A separate plan will be provided.
21.2 After discussion it was decided that the applicant would denote a plan for starting, but with a note that may need to modify for security reasons staying within confines of zoning ordinance. The applicant will comply by providing an initial lighting plan that will show which fixtures will be on for security.
Section III. 1.1 items e and f can be removed as no PennDOT or Health Department permit was needed for this project.
The applicant will comply with the issues raised in the December 8, 2009 Landscape Review Consultants Review Letter and the December 2, 2009 Bucks County Planning Commission Review Letter.
December 4, 2009 Castle Valley Consultants Review Letter
Mr. Kelso expressed support for the Sewer Facilities exemption from the planning module because the project involved no additional sewer.
The Waiver Request letter dated November 13, 2009 was reviewed. The following comments were made:
Section 9.20.C.2 – Ms. Manicone supported the waiver.
Section 9.20.E – plant material was substituted.
Section 9.23.D – the applicant is not addressing rate in areas where they are not developing.
Mrs. Rash made a motion, seconded by Mr. Forest to grant preliminary approval for the Revised Preliminary Plan of Land Development (Plan dated “rev. 11/13/09”) submitted by Gilmore & Associates on behalf of Central Bucks School District, “Central Bucks East Addition & Renovations”, Township File LD 2009-02, T.P. 6-14-12, Anderson Road, 66 acres, in the “I” Zoning District. With the following conditions:
- The Consolidated Plan submitted to Knight Engineering in support of impervious surface for the stadium and high school renovations must be included in the plan set
- The applicant will comply with all issues raised in the December 4, 2009 Knight Engineering Review letter. With respect to item 16-1 Ms. Manicone is working with the School District and neighbors on an appropriate and acceptable buffer. 21.2 – The applicant will comply by providing an initial lighting plan that will show which fixtures will be on for security. A note will be included indicating that the plan may need to be modified (in accordance with the zoning ordinance) to address security concerns. Section III 1.1 e and f do not apply to this application.
- 1-1e and f do not apply to this
- The applicant will comply with all issues raised in the December 8, 2009 Landscape Review Consultants Review letter (#2 relates to the same buffer as 16-1 above).
- The applicant will comply with all issues raised in the December 2, 2009 Bucks County Planning Commission review letter (#2 is a comment on SALDO).
The motion includes granting of all waivers requested in the November 13, 2009 waiver request letter. The motion includes approval of the Request for Sewage Facilities Planning Exemption for “Central Bucks East Addition & Renovations”, Township File LD 2009-02.
Mr. Cunningham asked if there was a conflict with coming out of the driveway and not allowing a right hand turn with what was approved with the stadium. Mr. Hanna responded that the turn restriction was consistent with the stadium plans.
Mr. George Michel, Pineville and member of ZHB, commented that he was sad to see some of the “green” items taken away, but he was happy with some of the energy conservation additions. Mr. Michel asked if the stair tower went away for service of the roof. Mr. Marella responded that it went away to the roof. Mr. Michel asked if any stormwater runoff calculations were made relative to the green roof. Mr. Marella said they were not and they were never allowed. Mr. Marella explained that they were holding stormwater under the bus loop that they had not planned to do when they were before the ZHB. Mr. Michel asked if there was any level of LEED certification. Mr. Marella responded that the district did not pursue it, but many aspects of the project were LEED-like. Mr. Michel asked if with the modifications to the existing detention basin if there would be any greater volume running off to the Bretzes. Mr. Hanna responded that the volume was significantly reduced.
Mrs. Rash noted that there was a concern with fire companies about raised pedestrian crosswalks and she wanted to leave the raised crosswalks as an outstanding issue because she wanted to discuss them with the fire chief. Mr. Giannini noted that he was willing to work with the fire chief. Ms. Bush reported that she had read the ITE journal that day and there was a new generation of speed bumps that could accommodate emergency vehicles. Ms. Bush will provide a copy of the article. Consensus was that speed bumps and raised pedestrian crosswalks were an open issue that needed to be discussed.
The motion carried unanimously.
5. Consideration of accepting Request for Extension to the allowable review time under the provisions of the PA Municipalities Planning Code to July 5, 2010, as submitted by Daniel R. Hendricks on behalf of Scott and Susan Miller, for “Miller Land Development”, Township File LD 2009-03.
Mrs. Rash made a motion, seconded by Mr. Forest to grant the Extension to the allowable review time under the provisions of the PA Municipalities Planning Code to July 5, 2010, as submitted by Daniel R. Hendricks on behalf of Scott and Susan Miller, for “Miller Land Development”, Township File LD 2009-03.
Mr. Miller commented that he wants to build a storage facility (pole barn) to house equipment. He expressed concern that fees have gotten out of control for a small project. Mr. Gray noted that he had met with Mr. Miller’s engineer and addressed many issues and added that he wanted this to be a good project for Mr. Miller.
The motion carried unanimously.
6. Consideration of accepting the Agreement to Extend the Residential Development Contract and Water and Sanitary Sewer Development Agreement to December 12, 2010 covering “Devonshire Estates, Phase III”, Township File SA 97-01.
Mrs. Rash made a motion, seconded by Mr. Forest to accept the Agreement to Extend the Residential Development Contract and Water and Sanitary Sewer Development Agreement to December 12, 2010 covering “Devonshire Estates, Phase III”, Township File SA 97-01.
Mr. DeChamps commented that if the Township had development rights 20 years ago, they would not have to vote on this extension.
The motion carried unanimously.
7. Consideration of accepting Snow Plowing Proposal/Contracts for the 2009-2010 winter season per the Road Department’s recommendation.
Mrs. Rash made a motion, seconded by Mr. Forest to accept the Snow Plowing Proposal/Contracts for the 2009-2010 winter season per the Road Department’s recommendation. The motion carried unanimously.
ADDITIONAL BUSINESS / MANAGER’S ITEMS
1. Consideration of request to waive room usage fee and escrow submitted by June McWilliam for use by “HAVOC”, on December 11th and 18th, 2009, and every 2nd and 4th Friday throughout the year 2010.
Mrs. Rash noted that it was not the Township practice to waive escrows for the use of the Lahaska room two Fridays a month throughout the year. Mrs. Rash made a motion, seconded by Mr. Forest to waive the room usage fee but not the escrow as submitted by June McWilliam for use by “HAVOC”, on December 11th and 18th, 2009, and every 2nd and 4th Friday throughout the year 2010.
Mr. George Michel expressed support for the motion because the check was only held. Mr. Forest asked if there would be animals at the meeting. Mrs. Cozza responded there could not be animals at the meeting.
The motion carried unanimously.
Mrs. Rash made a motion, seconded by Mr. Forest to adjourn the meeting at11:30 pm. The motion carried unanimously.
Approved by the Board of Supervisors on the 22nd day of, 2009.
Buckingham Township Board of Supervisors
Maggie Rash, Chairman
Jon Forest, Vice-Chairman
Henry Rowan, Member
Attest: Dana S. Cozza, Secretary
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