Board of Supervisors
Wednesday, January 13 2010
Meeting Minutes
The regular meeting of the Buckingham Township Board of Supervisors was held January 13, 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 7:32 pm and led The Pledge of Allegiance.
PUBLIC COMMENT
Ms. Arline Soffian asked about the status of the time capsule. Ms. Cozza agreed to follow-up.
Mr. Doug Clemens, Lower Mountain Road, asked about the status of Le Vecchia Cucina on Lower Mountain Road noting that it was an eyesore. Solicitor Smith responded that it was in front of the Zoning Hearing Board (ZHB) about a year ago and the ZHB had sustained the Township position and did not allow the owners to enlarge and build a new restaurant on site. Solicitor Smith reported that they had appealed the decision to the Court of Common Pleas in Bucks County. He noted that the appeal was pending and nothing had been done to move it along. Solicitor Smith explained that if action was not taken within a specified time frame, then the appeal would be dismissed. Solicitor Smith explained that if the appeal were dismissed then the status quo in front of the ZHB would stand and the Township could take action. Solicitor Smith explained that the Township did not have the right to enter someone else’s property. He explained that the property could be declared a hazard (if it is) and the Township would require the owners to clean it. Solicitor Smith reported that the appeal was filed on September 19, 2007 and so the Township should receive notice shortly. Discussion followed about sewer and the inability to get extra capacity. Mr. Rowan asked if the Township had the option of forcing the Court. Solicitor Smith explained that the Township could ask for a Rule 27 Conference and have briefs filed and move it forward. Mr. Rowan suggested that if the owners do request an extension, then the Township request a Rule 27 conference. Mr. Forest agreed.
Ms. Arline Soffian asked about the massive concrete slabs installed at the lumber yard. Mr. Forest responded that the railroad placed them there to secure the lot and stop people from turning around. Ms. Soffian asked if the Township had jurisdiction. Solicitor Smith responded that they did not as it was under the Federal railroad.
The Board presented a Proclamation to Eagle Scout Steven Seibert.
Ms. Arline Soffian asked if the meeting was being filmed and for what purpose. Mr. Forest explained that the meeting was filmed and would be posted on the Township web site.
BOARD’S ANNOUNCEMENTS
Mr. Forest made the following announcement:
The Township Administrative Offices will be closed Monday, January 18, 2010 in observance of Martin Luther King, Jr. Day.
PAYROLL AND BILL LIST
Consideration of approving Payroll for the week ending January 3, 2010 and the Bill List for the meeting of January 13, 2010.
Mr. Forest made a motion, seconded by Mrs. Rash to approve Payroll for the week ending January 3, 2010 and the Bill List for the meeting of January 13, 2010 in the amount of $267,358.57. Mr. Rowan asked about $12,000 to Lasalle National Bank. Mrs. Cozza explained it was for the police veba accounts. The motion carried unanimously.
MINUTES
Consideration of approving Supervisor's Minutes of the December 22, 2009 Work Session, December 22, 2009 Regular Business Meeting, and the January 4, 2010 Reorganization Meeting.
Mr. Forest made a motion, seconded by Mrs. Rash to approve the Supervisor’s Minutes of the December 22, 2009 Work Session, December 22, 2009 Regular Business Meeting, and the January 4, 2010 Reorganization 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. Consideration of Approving the Application by Susan and William Meckling for the addition of Tax Parcel 6-23-46-2, containing 13 +/- acres, located at 4540 Township Line Road, to the Agricultural Security Area of Buckingham Township.
Mr. Forest made a motion, seconded by Mrs. Rash to approve the Application by Susan and William Meckling for the addition of Tax Parcel 6-23-46-2, containing 13 +/- acres, located at 4540 Township Line Road, to the Agricultural Security Area of Buckingham Township. The motion carried unanimously.
2. Consideration of approving the Agreement between Buckingham Township and Midway Volunteer Fire Company for the term of January 15, 2010 to January 14, 2011.
Mr. Forest made a motion, seconded by Mrs. Rash to approve the Agreement between Buckingham Township and Midway Volunteer Fire Company for the term of January 15, 2010 to January 14, 2011. The motion carried unanimously.
3. Consideration of approving the Agreement between Buckingham Township and Lingohocken Volunteer Fire Company for the term of January 15, 2010 to January 14, 2011.
Mr. Forest made a motion, seconded by Mrs. Rash to approve the Agreement between Buckingham Township and Lingohocken Volunteer Fire Company for the term of January 15, 2010 to January 14, 2011. The motion carried unanimously.
4. Consideration of approving the Agreement between Buckingham Township and Doylestown Fire Company for the term of January 15, 2010 to January 14, 2011.
Mr. Forest made a motion, seconded by Mrs. Rash to approve the agreement between Buckingham Township and Doylestown Fire Company for the term of January 15, 2010 to January 14, 2011. The motion carried unanimously.
5. Consideration of accepting the Agreement to Extend the Residential Development Contract, Sanitary Sewer Development Agreement and Tripartite Escrow Agreements to February 13, 2011, covering “Stoneymead”, Township File SA 98-05.
Mr. Forest made a motion, seconded by Mrs. Rash to accept the Agreement to Extend the Residential Development Contract, Sanitary Sewer Development Agreement and Tripartite Escrow Agreements to February 13, 2011, covering “Stoneymead”, Township File SA 98-05. The motion carried unanimously.
6. Consideration of accepting the Agreement to Extend the Residential Development Contract and Tripartite Escrow Agreements to January 23, 2011, covering “Quarry Valley Farm”, Township File SA 2000-06.
Mr. Forest made a motion, seconded by Mrs. Rash to accept the Agreement to Extend the Residential Development Contract and Tripartite Escrow Agreements to January 23, 2011, covering “Quarry Valley Farm”, Township File SA 2000-06. Mr. Rowan asked what was left to be done. Mr. Gray responded that there were still stormwater issues that were being worked through between the Homeowners’ Association (HA) and the developer. He noted that the HA was looking to retain an engineer. Mr. Gray reported that the roads needed to be paved in final wearing course and he did not know the status of landscaping. Solicitor Smith added that the Developer’s position was that they would be happy to turn the money over to the Township because the stormwater issues were significant. Mr. Gray noted that they were working to get the Developer and HA to work together and keep the Township out of it. Mr. Gray advised that the agreements should be kept in effect. The motion carried unanimously.
ADDITIONAL BUSINESS / MANAGER’S ITEMS
1. Consideration of approving Resolution 2116 Authorizing the Township Secretary to Sign the Pineville Road Bridge Replacement and Transfer Agreement.
Mr. Forest made a motion, seconded by Mrs. Rash to approve Resolution 2116 Authorizing the Township Secretary to Sign the Pineville Road Bridge Replacement and Transfer Agreement.
Ms. Tucky Pincus questioned if the bridge would remain at 20’. Mrs. Rash responded that the agreement specified that the bridge would be 20’.
Ms. Arline Soffian asked why she had not been notified as had been promised that the bridge replacement was on the agenda. Mr. Forest responded that it was his understanding that residents would be notified when discussion of the design concept was on the agenda. Mrs. Cozza apologized and said she would make sure Ms. Soffian was notified any time the bridge was on the agenda. Mrs. Cozza explained that the agreement did not address the design of the bridge. Solicitor Smith explained that if the Township did not sign the Bridge Replacement and Transfer Agreement, then the Township would get the standard PennDOT Bridge and the design process would stop. Solicitor Smith explained that the agreement was not signed previously because there was some indemnification and other legal issues that had to be addressed.
Ms. Soffian asked if the Township would receive money for taking the bridge. Solicitor Smith responded that it was not included in the agreement. Mrs. Cozza explained that the Township was taking over the bridge because it was the only way PennDOT would allow the bridge to be built according to the Township’s requested design. Discussion followed about the history of the bridge coming off the Transportation Improvement Program (TIP) and coming back. Ms. Bush explained that in recent negotiations with PennDOT the Township got the smaller bridge and got the project back on the TIP; she noted that it was a huge accomplishment. Mr. Forest cautioned that if the township delayed the process the project could come off the TIP again. Ms. Soffian commented that the detour resulted in an additional 0.7 miles needing to be driven and that she felt for such a minor inconvenience the Township should not compromise on the design. Mr. Forest responded that nothing was being pushed through; the process had been ongoing since 2006.
Mr. Forest said he had a conversation earlier in the day with Leonard Crooke, who commented that he sees farmers being run off the road.
Ms. Soffian commented that she felt by signing the agreement it gave design control to PennDOT. Mr. Rowan expressed concern that the agreement committed the Township to take the bridge but did not give design control to the Township. He felt that design oversight could be given to the Township as a courtesy but it was not required. He noted that the Tinicum Bridge offered as an example was ugly and he questioned its safety.
Ms. Pincus suggested that the agreement should include language that gives the Township the right for design. Mr. Forest noted that he had voted for a wider bridge and added that all emergency services have said they need the bridge open.
Ms. Lucy Green asked what happened with the threat of a lawsuit. Mr. Forest explained that one of the people who lived adjacent to the bridge had said that if a wider bridge went through he would tie up the project in court. Ms. Green asked if there was potential for the wider bridge. Mr. Forest responded there was not; the bridge was set at 20’.
Mr. Forest noted that the bridge being replaced was a concrete bridge, not a stone bridge and that PennDOT had agreed to provide formed stones. Solicitor Smith commented that he did not think signing this agreement would eliminate the design standards discussed. He advised that if the Township wants the bridge, then they should sign the agreement and move on with process. He noted that the agreement was specific to the turnback.
Mr. Forest noted that everyone had this agreement for two months and had input into how it would move forward. Mr. Forest asked Ms. Bush based on her experience with PennDOT what they would do if the Township asked for design oversight. Ms. Bush responded that she felt the Township should be pleased with what they have in terms of timing and willingness to go along with Township wishes according to size and alignment. Mrs. Rash commented that PennnDOT had sent representatives to the Township to present a design. She noted that those people appeared open to the recommendations made and were going to work with them. Mrs. Rash felt she had no reason to think they were not going to work with the Township on the design. Ms. Bush added that she felt that PennDOT was trying to be cooperative with the Township.
Mr. Tompkins noted that PennDOT had agreed to send different designs of that bridge. He asked if those would not be sent if this agreement was signed. Mr. Forest responded that they would come back and meet with the Township. Mrs. Cozza explained that they would not continue the design phase until the Township signed the Transfer Agreement. Ms. Bush concurred and noted that preliminary design work was expensive and they would not do it until the Township signed the turnback agreement.
The motion carried with Mr. Forest and Mrs. Rash voting aye and Mr. Rowan voting nay.
Mr. Mark Sfirri, 1669 Pineville Road, asked to be put on the list to be notified about meetings.
2. Consideration of approving Resolution 2117 Disposing of Surplus Property having an Estimated Value Less than $1,000.00.
Mr. Forest made a motion, seconded by Mr. Rowan to approve Resolution 2117 Disposing of Surplus Property having an Estimated Value Less than $1,000.00.
Mrs. Rash explained it was a 1972 dump truck. Mr. Rowan asked if it would be sold on e-bay. Mrs. Cozza responded that it most likely would be sold on e-bay. The motion carried unanimously.
3. Consideration of request to waive the township room usage fee set forth in Resolution 2112 submitted by Glynnis Tihansky for use by the “Buckingham Democrats”, for approximately ten monthly meetings in the year 2010.
Solicitor Smith recommended that the Township have a policy in place that allowed for open access. He felt that these requests should not be considered ad hoc. Solicitor Smith noted that adding political or religious activities in government buildings was a sensitive issue. Solicitor Smith advised the Board that he would rather see a policy in place that could be administratively applied before voting on this issue. Mrs. Cozza noted that she needed guidance from the Board on what the policy should be. Mr. Forest asked if the room use was limited to Buckingham groups. Solicitor Smith advised that the Board ask the staff to come up with a proposed policy for the Board to review. Solicitor Smith summarized that the policy needs to specify who would get a waiver and who can use the room and that who gets the room and who is charged must be consistent.
Mr. Clemens asked what the criterion was for a not-for-profit organization to use the Township building. Mrs. Cozza explained that it used to be nonprofit, but the Township recognized that there were groups operating who were not-for-profit who did not have a nonprofit designation and it was decided that it was fine for those groups to use the room.
Discussion followed about the procedure for fee waiver requests. Mrs. Cozza explained that she has recommended to the Board in the past that there is a cost to renting the room and they may want to consider not waiving the room usage fee.
The Board requested a summary of the room usage.
Mr. Clemens asked the escrow and rental amount. Mrs. Cozza responded that it was $25/use to rent the room and $50 for escrow.
The Request was tabled and will be addressed at the next meeting after the staff comes up with a suggested policy.
Mr. Rowan asked for information about how often the room was rented and how often it was cleaned.
4. Discussion of Solar Panels to Reduce Wastewater Expenses
Board consensus was that solar power was something to look into, but that right now it appeared to be not as efficient as the electric grid. The Board agreed that some things should be placed in the Township specifications. Ms. Bush agreed to check with the State for any green grant opportunities. Mr. Kelso felt that the quarry was a location where something could be done. Mr. Kelso noted that he had looked at a solar aerating device last week that might be acceptable at Stoneymead. Ms. Bush suggested that the Board should visit the Biotech Center if they had not been there already.
Mr. Forest made a motion, seconded by Mrs. Rash to adjourn the meeting at 9:00 pm. The motion carried unanimously.
Approved by the Board of Supervisors on the 27th day of January, 2010.
Buckingham Township Board of Supervisors
Jon Forest, Chairman
Maggie Rash, Vice-Chairman
Henry Rowan, Member
Attest: Dana S. Cozza, Secretary
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