Board of Supervisors Work Session
Wednesday, December 16 2009
Buckingham Township Board of Supervisors
Work Session
Minutes
The work session of the Buckingham Township Board of Supervisors was held December 16, 2009 in the Township Building, 4613 Hughesian Drive, Buckingham, Pennsylvania.
Present:
Maggie Rash Chairperson
Jon Forest Vice-Chairman
Henry Rowan Member
Craig A. Smith, Esquire Township Solicitor
Dana Cozza Township Manager
Daniel Gray Township Engineer
The meeting was called to order at 6:35 p.m.
- 1. Devonshire Phase 1&5 and Devonshire Phase 2 Agreement Extensions
Mrs. Cozza reported the executed extensions for the agreements have not been received, and will expire December 20, 2009.
Mrs. Rash made a motion, seconded by Mr. Forest, to authorize township staff to pull the escrows for Devonshire Phase 1&5 and Devonshire Phase 2 tripartite agreements, unless the executed extension agreements are received by December 20, 2009. If agreements are received then the call to pull the escrows will be withdrawn, and the agreement extensions will be accepted as written. The motion carried unanimously.
Mr. Smith asked if the security for the Orleans development “Windsor Square” was current. Mrs. Cozza said their renewal was not up right now.
Mr. Rowan asked if the township has money from Orleans for the wells. Mr. Smith said that is what part of these agreements is for. If Orleans gets the tripartite escrow agreements extended, then there is money, if not, then there is not. Mr. Rowan asked for an explanation on the banking process, why 14 banks are involved in the letter of credit. Mr. Smith explained under federal regulations banks must spread the risk among a consortium of banks. Mr. Smith said if these tripartite escrow agreements were not extended, Orleans would need to file bankruptcy.
2. Lookaway Golf Club, Speed Tables
Mrs. Cozza explained that in 2007, Lookaway representatives requested speed tables to apply to Upper Mountain Road where their crosswalk and driveway entrance is located. They came back later with a plan of where they would like it placed, and that was brought before the Board. The Board then instructed Lookaway that a petition from the neighbors expressing support for the speed tables was required. John VanLuvanee has now supplied that petition. Mrs. Cozza then supplied Knight Engineering with the plan for a brief review.
Mr. Gray reviewed the plan and tried to sight where they would be located. He explained there are a couple of sight distance issues when approaching the area from Route 413. He also had concerns of them being located near a culvert headwall which is made of old stone concrete mix, in that if someone comes around the curve from the Forest Grove area, hits the speed table unaware, may lose control and end up in the headwall. Mr. Gray suggested they could clear trees on Lookaway’s property to increase the sight pattern, but there are some large trees that would need to go.
Mr. Rowan asked if Lookaway had volunteered to pay for this project. Mr. Gray was under that impression.
Mr. Gray also noted that the traffic calming ordinance specified a road must be posted at 25mph to qualify for a speed table to be installed. Upper Mountain Road is posted at 35 mph based on Ordinance 85-05. Mr. Gray could suggest to VanCleef Engineering that a new traffic study could be performed in order to see if the speed limit could be reduced.
Mrs. Rash asked how much cart traffic crosses the roadway in regards to actual road traffic. Mr. Forest noted several cars use Lower and Upper Mountain Roads as cut-throughs to avoid Route 413 and 263. Mr. Smith asked if the board didn’t want capillary action to relieve traffic at major intersections.
Mr. Forest reported the traffic study submitted by Mr. VanLuvanee says the 85% percentile is 45mph. Mr. Smith noted that is with a posted 35mph speed limit.
Mr. Smith asked if there are reports of accidents/incidents.
Mr. Smith asked if there was any way to improve the sight distance. Mr. Gray said they could clear vegetation, that there is currently limited sight distance from the driveway. Mr. Rowan said it is their property, and they could do this.
Mrs. Rash said she has a meeting with Steve Cronin, Midway Volunteer Company Fire Chief, and he is anti-speed bumps due to the wear and tear on the fire engines. Mr. Gray said there are staggered approaches possible to that a firetruck can serpentine through them.
Mrs. Cozza confirmed that her instructions are to let Lookaway know that the Board is more in favor of them clearing their sight distances than attempting to lower the speed in order to be permitted to install speed tables, and is opposed to the speed table installation due to the dangerous hazard created by possibly losing control and hitting the culvert headwalls.
3. Bogarts Tavern Road
Mrs. Cozza told of a resident’s repeated request to clean up a portion of the abandoned stub of Bogarts Tavern Road, adjacent to his property. He requests the abandoned stub be incorporated into his property.
Mr. Smith asked if 20 years had passed since the area of the roadway was abandoned. Mr. Gray said he was sure it had. Mr. Smith said the abandoned public road returns to adjacent property owners after 20 years, that a property owner owns to the center of the road.
Mr. Rowan asked what the property owner would need to do. Mr. Smith said he could file an action to plead for the title. Mr. Smith will send Mrs. Cozza the pleadings to forward to the resident.
Mrs. Rash asked if there was any disadvantage to giving it up. Mr. Smith said no, there has been the same situation prior with stub roads.
4. Mr. Myer’s Memo
Mrs. Cozza told the Board Mr. Myers, Zoning Officer, has concerns with ongoing activities at 1515 Sugar Bottom Road, and prepared some notes to share with the board. Mrs. Cozza explained this property will be hosting the Doylestown Hospital Designer House in the spring, and the township has been trying to work with the property owner towards this goal, however it appears there has been a lot of equipment brought to the site, an illegal apartment exists, and there has been trouble with Bucks County Department of Health regarding sewage issues. She also does not believe Mr. Hagan (property owner) lives in the main residence.
Mrs. Rash asked if the horse operations on the property are a commercial business.
Mr. Forest noted 2-3 years ago there was heavy equipment on the property to build the horse riding rink.
Mrs. Rash had concerns with the agricultural easement as the Designer House has nothing to do with agriculture, and a parking lot will need to be constructed. Mr. Gray said Mr. Myers is concerned with a large pile of stone on the property. Mr. Forest said the actual house itself is part of the curtilege are excluded from the conservation easement, and we cannot tell them no.
Mrs. Cozza said zoning permits are required for building placement, even if building permits are not, and buildings have been erected without permits. Mr. Smith confirmed even in the easement it says notice must be provided.
Mrs. Rash said Mr. Hagen should not be allowed to violate the easement. Mr. Forest said we do not know if he is or not. Mrs. Rash asked if he was using the farm for agricultural use.
Mr. Smith explained the easement issues are up to this board, and the zoning issues are up to the discretion of the zoning officer. Mrs. Cozza said there have been some zoning issues, but they have been corrected.
Mr. Rowan asked under the easement what rights of enforcement there are. Mr. Smith said injunction action and damages. Mr. Smith suggested the first thing to do would be for the zoning officer to specify in what ways the easement has been violated, and that aerial maps may be of assistance.
Mrs. Rash requested that Mr. Myer’s investigate further and report back on this matter.
5. Swamp Road
Mrs. Cozza asked Mr. Forest to summarize the recent meeting that he attended with residents of Swamp Road at Senator McIlhinney’s office.
Mr. Forest reported that the meeting was regarding the recent PECO power surges and ways PECO intends to correct the situation. The power surges have been due to poles being hit by vehicles, and the two lines connect, sending the higher voltage through the lower voltage lines. PECO intends to remove the lower 4,000 voltage line and upgrade 99% of the homes to the 36,000 voltage line, by springtime 2010. PECO also intends to relocate some of the poles to the outermost of the right-of-way. PennDOT plans to install rumble strips carved into the center of the road with reflectors, and install flexible reflector poles along the edges of the road. Senator McIlhinney asked Mr. Forest to find out where the road crew advises riprock be placed in culverts, in order to fill them in so that when vehicles run off the road the drop off will not be so drastic. Mr. Forest said speed enforcement is not an issue.
Mr. Forest reported that it was recommended to paint lines on Lower Mountain Road at the intersection with Swamp Road, in order for drivers to realize there is an intersection ahead. Mrs. Rash agreed the stop bars should be painted on the road. Mr. Rowan would like the road striped in a couple of different location set back from the intersection, to let you know something is happening ahead.
Mr. Rowan mentioned that he does not favor the dark pavement used on Route 263 improvements, the older pavement was gray and reflected light. Mr. Gray suggested maybe the pavement needs to oxidize, or may be due to the dense surface. He will take a look at it.
7:40 p.m. Dan Gray was excused.
6. Pineville Road Bridge Transfer Agreement
Mrs. Cozza expressed concerns with the proposed agreement. PennDOT wants indemnification and she is working on excluding the design and construction of the bridge from that indemnification, without holding up progress. Mr. Rowan said the township needs to get money. Mrs. Cozza said liquid fuels is all the township will get. Mr. Rowan instructed Mrs. Cozza to approach Senator McIlhinney regarding getting money. Mr. Smith reminded the Board when PennDOT met with them, they specifically said they were not providing money. Mrs. Rash concurred. Mr. Rowan said the township received money for the Wycombe Bridge project through a WHAM Grant provided from DCED. He said a reasonable endowment should be provided, and instructed Mrs. Cozza to call Tinicum Township and speak with Linda. Tinicum Township received $200 per square foot of bridge surface, but not the road on either side. Mrs. Cozza agreed to call Tinicum Township and discuss where their money came from for Headquarters and the Geigle Hill Road bridges.
7:38 p.m. The Board retired into Executive Session to discuss preservation and consultant proposals.
Approved by the Board of Supervisors on the 22nd day of December, 2009.
Buckingham Township Board of Supervisors
Maggie Rash, Chairman
Jon Forest, Vice-Chairman
Henry Rowan, Member
Attest: Dana S. Cozza, Secretary
Minutes respectfully submitted by Lori Wicen
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