TOWNSHIP OF LOWER MAKEFIELD

BOARD OF SUPERVISORS

MINUTES – JUNE 7, 2006

The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on June 7, 2006. Chairman Santarsiero called the meeting to order at 7:30 p.m. Mr. Caiola called the roll. Mr. Santarsiero noted that the Board had been meeting in Executive Session since 7:00 p.m. discussing real estate and litigation matters.

Those present:

Board of Supervisors: Steve Santarsiero, Chairman

Ron Smith, Vice Chairman

Greg Caiola, Secretary

Pete Stainthorpe, Supervisor

Others: Terry Fedorchak, Township Manager

David Truelove, Township Solicitor

James Majewski, Township Engineer

Kenneth Coluzzi, Chief of Police

Absent: Grace Godshalk, Supervisor

PUBLIC COMMENT

Mr. Bob Slamen, Bedford Place, stated he understands that at the last meeting the Board of Supervisors agreed to pay PECO $5,000 additional for wind power. Mr. Santarsiero stated they agreed to spend an additional approximately $4,400 above what would have otherwise been paid which is 10% of their energy needs. He stated this additional money is a surcharge associated with buying energy from renewable sources. Mr. Slamen stated he does not feel it is proper to spend taxpayers’ money for such an item. He stated if PECO wants to pay for wind power, they should normalize it in everyone’s bill and not ask for volunteers. He stated the Township has just come off the largest tax increase in its history, and he understands they are heading this way again. Mr. Santarsiero stated he fundamentally disagrees with Mr. Slamen’s comments and feels trying to support alternative energy at this time is important because of issues such as global warming. He stated there has been a lack of leadership at the Federal level, and it is falling to Municipalities to try to lead on environmental issues such as this. He stated the Board felt this was the right thing to do to show that they are concerned about the environment and trying to do something even in a small way to address the issue of global warming and its effects on the environment. He stated if PECO had to, under State law, purchase a certain amount of energy from renewable sources, he would feel Mr. Slamen’s argument would have more resonance. He stated there is a portfolio standard under which they

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have to do this, but when they discussed this with the representative from Community Energy, that individual indicated that the Township’s purchase did not fall under that obligation by PECO and would be in addition to what PECO has to do; so he feels this is a meaningful purchase on the Township’s part. Mr. Slamen stated he does believe in alternative energy, but does not feel they should support PECO with $4400 and get nothing in return. He stated he feels if this were put out to a Referendum of Township voters, he does not feel it would pass.

Reverend Roy Kramer, Waterford Road, stated he sent the Board of Supervisors a letter as well as a copy of an article which appeared in the Courier Times regarding the smoking ban enacted by the State of New Jersey. He stated he feels the Board should consider legislation on a local basis which would enact a smoking ban in public places throughout the Township. He stated he has had experience in the past with State-wide legislation and knows there is a tremendous difference in some of the priorities throughout the State of Pennsylvania compared to what is found in Bucks County.

He feels they should address this issue on a local basis. He stated his letter does discuss the issue of secondhand smoke and the health damage of secondhand smoke. Mr. Smith stated he agrees that secondhand smoke is a health hazard. He noted while Reverend Kramer’s letter indicated that most restaurants in Lower Makefield are not smoke free, Mr. Smith stated he was unaware of any restaurants in Lower Makefield permitting smoking. He stated he did ask the Township Manager to look into this; and as far as they know, none of the restaurants in Lower Makefield allow smoking. Mr. Kramer stated he felt at least one restaurant was not smoke free. He stated he is also recommending that this be for all public places, not only restaurants. Mr. Caiola stated they are going to look into this further and contact the various restaurants in Lower Makefield to find out whether or not they permit smoking. He added in Yardley Borough this is a bigger issue and it may not be a problem in Lower Makefield because Lower Makefield does not serve alcohol in their restaurants. Mr. Caiola stated Mr. Stainthorpe has assured them that the Golf Course is smoke free as are the public buildings in the Township.

Mr. Paul Krupp, 1171 University Drive, stated he received notice yesterday from

Mr. Potter that the documents challenging the validity of the FAA’s decision have been filed in the Third Circuit Court in Philadelphia. He stated the FAA now has sixty days to respond. Mr. Santarsiero stated they would like to get together again to discuss this further so that they can determine what the future steps will be. Mr. Fedorchak stated he will arrange such a meeting. Mr. Krupp thanked Mr. Santarsiero for the opportunity to discuss the matter with other Municipalities at the Southeastern Bucks League of Municipalities. Mr. Santarsiero stated he plans to make information available to those who were unable to attend that meeting as well. Mr. Santarsiero also agreed to provide Mr. Krupp the mailing list of all the participants so that he can schedule meetings before their Townships as well.

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Ms. Sue Herman stated there was a meeting of the Regional Traffic Task Force last week and she was outraged to learn that the By-Pass traffic light response project is very much behind schedule. She stated they had been promised that by the end of June the design phase would have been completed, and they had expected to learn how long it would take for the lights to actually be made traffic responsive. She stated they were advised that the Kick-Off meeting yet to be held would begin the design phase and it would be nine months before the lights were traffic responsive. She stated Mr. Steil was also unaware that the Newtown By-Pass light project had not moved forward. Ms. Herman asked if there is anything that Lower Makefield can do in the form of correspondence to keep this matter moving forward. She stated it has been seven years since this has been discussed. Mr. Santarsiero asked if it is going to take PennDOT nine months to try to figure out how to synchronize the lights. Ms. Herman stated the response she received was that there would be a Kick-Off meeting that will supposedly map out what will happen over the next nine months. She stated they hope that at the August 30 meeting, they will be able to see a computer simulation of what it will look like for a vehicle on the By-Pass once the job is completed. She stated she does not feel her question was answered as to what traffic will look like after nine months. She stated traveler’s frustration on the By-Pass is growing and drivers are using other roads as shortcuts. Mr. Caiola stated they did not answer Ms. Herman’s question at that meeting. Mr. Smith stated in response to her inquiry last week, she was given a “dressing-down” and advised her inquiry was beyond the scope of the Task Force and that she was out of order when she expressed her displeasure. Mr. Smith stated at that point he asked for a copy of their Mission Statement since this was only his second meeting, and this was not available. He stated all they were able to find was a vague e-mail from two years ago which referred to what the Task Force was going to do. He stated they also received incomplete Minutes. He stated the next meeting will be held the end of August at Lower Makefield, and hopefully they will have a Mission Statement at that time and can move the project along on a faster track. Ms. Herman asked who is keeping track of this on the Task Force. She stated there should be a timeline and a tracker to keep things on track. Mr. Smith stated the fact that there was a lack of complete Minutes was also not helpful, but he feels the fact that

Ms. Herman has started doing her own “Minutes” with her camera was helpful.

Ms. Herman sated she has been taking “Minutes” with her camera for two years.

Mr. Fedorchak stated late last week an engineer from Gannet-Fleming who was assigned the project by PennDOT left a message with possible dates for a Kick-Off meeting –

June 12 or June 15 and hopefully by tomorrow they will determine the exact date.

Mr. Fedorchak agreed to advise Ms. Herman of this date. He stated he understands that PennDOT only recently reached agreement with Gannet-Fleming as they had to work out scope of work issues. Ms. Herman stated her concern is that the project is taking so long and there are accidents occurring on other roads because vehicles are not using the

By-Pass. Mr. Fedorchak stated they had indicated that they would be doing the traffic counts prior to the end of the School year so they will have to do this quickly. He stated he hopes that they will have the Kick-Off meeting next week. Ms. Herman stated she did

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ask if the public could attend the Kick-Off meeting, and Mr. Fedorchak stated she can attend. Mr. Santarsiero stated he does not feel it should take nine months to make the lights traffic responsive.

Ms. Virginia Torbert, 1700 Yardley-Newtown Road, asked if the Township received an update on the Scudders Falls project. She stated she has looked at their Website and they are doing an environmental study on the noise effect, but she feels the project seems to be slowing down. Mr. Santarsiero stated he understands that they are close to having a design that they will approve and they are going to have a public meeting before that. He stated he has discussed the noise situation with members of the Bridge Commission; and he advised them that while the noise is bad now, it will only get worse when the road is widened. While he does not question the need to widen the road, he questions whether it should be done without appropriate protections for the Township residents. He stated he feels they will also need to bring PennDOT into the mix as well.

APPROVAL OF MINUTES

Mr. Caiola moved, Mr. Smith seconded and it was unanimously carried to approve the Minutes of the May 17, 2006 Public Meeting as written.

Mr. Caiola moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the Minutes of the April 17, 2006 and May 8, 2006 Special Meetings to Conduct Interviews as written.

DISCUSSION AND MOTION ON LOWER MAKEFIELD COMMUNITY DAY

Mr. Smith stated in January during the Reorganization Meeting, Mr. Santarsiero referred to a number of items the Board wished to complete in 2006 including a series of Township Celebrations. He stated Mr. Stainthorpe had suggested they start slowly as it is difficult to put such events together, and they have found that this is the case. Mr. Smith stated they would like to have an event before the end of the year, and he has volunteered to take the lead in putting together a Lower Makefield Community Day which he would like to have on Labor Day. He stated at the suggestion of a Township resident, he did contact Yardley Borough about this; and while they are interested, they indicated they do have to concentrate their efforts on Harvest Day. He stated he is considering the possibility of holding the event at several venues including Macclesfield Park and Kids Kingdom Picnic Grove area. He stated he is considering a competitive bike race as well as a family bike ride. He stated they could also have games, food, and prizes. He has contacted a number of businesses and they have agreed to contribute gifts, food, etc.

He stated he would like this to be a free event for those attending but would ask that those attending bring a salad, dessert, ethnic dishes, etc. He is also considering raising some funds for charity including the possibility of a dunk tank. Mr. Smith stated he

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understands a few of the Police Officers are well-versed in bike racing and could possibly help with this. He stated they could also map out a route which would not be too obtrusive to traffic in the Township for a limited period of time. Mr. Smith stated he feels this will be the impetus to have additional celebrations in the future. Mr. Smith invited anyone interested to assist him with the event.

Mr. Santarsiero stated he did indicate in January that they would like to try to create community days as an opportunity to bring the people of the Township together and foster a greater sense of community. Mr. Santarsiero stated he feels they should start out modestly; and if it is a success, they can build on it in future years. He stated they did previously discuss creating a Special Events Committee, and they have received letters of interest from people in the Township; and he hopes to interview these individuals prior to the next Board of Supervisors meeting, and they will then be able to help out with this project. Mr. Santarsiero thanked Mr. Smith for agreeing to take on this task.

Mr. Stainthorpe moved, Mr. Caiola seconded and it was unanimously carried to designate Labor Day as Lower Makefield Community Day and authorize Mr. Smith to act as coordinator for the event.

DISCUSSION OF BUCKS COUNTY WATER & SEWER AUTHORITY BAN ON NEW WATER CONNECTIONS

Mr. Fedorchak stated approximately three weeks ago the Bucks County Water and Sewer Authority announced that they were imposing a ban on all future sanitary sewer connections within their system and those systems tributary to their Authority lines.

Mr. Fedorchak stated in Lower Makefield the sewage flows in two directions one going to the Bucks County Water and Sewer Authority System and the other to Morrisville Borough. He showed an overlay with the areas in various colors as being the areas which either go directly to the Bucks County system or indirectly through Falls Township. He stated approximately three to four years ago there was litigation between the City of Philadelphia and the Bucks County Authority concerning excessive infiltration and high peak flows and storm water was finding its was into the Bucks County system and into the City of Philadelphia lines. In order to resolve the litigation, the Bucks County Authority agreed to take steps to reduce infiltration and inflow within their system and agreed that there would be certain not-to-exceed flow figures calculated on a per day basis and a peak flow basis and those parameters were established in the supplement agreement with the City of Philadelphia. He stated over the last few years there have been occasions throughout the Bucks County system where these agreed to, not-to-exceed figures have been exceeded; and he understands that in order to aggressively move forward and aggressively resolve the problem, it was the decision of the Bucks County Board to impose this ban to get everyone’s attention that something needed to be done quickly.

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Mr. Fedorchak stated there are a few projects that will be impacted by this ban including Matrix, a few other smaller subdivisions, and it would also impact a landowner attempting to build a home on a lot in the impacted area. He stated this morning he met with Mr. Hoffmeister, a representative from Remington-Vernick, and members of the Bucks County Water and Sewer Authority to get an idea as to how they view the issue, how they defined the problem, and what direction they recommended they take. He stated they are most concerned with the area identified in pink and red on the overlay shown this evening which would be the north and west end of the Township. He stated they identified three discharge points which discharge directly into the Bucks County Water & Sewer Authority system as the areas where their documentation suggests there have been certain times where Lower Makefield flows have exceeded the parameters for peak flows which would be during times of major stormwater events. Mr. Fedorchak stated Mr. Hoffmeister has been working on this issue for some time and metering various locations within Lower Makefield Township to begin to get an idea as to which sections of the Lower Makefield line may be the problem areas. They hope to have that part of the investigation completed within the next few months. He stated they do have to wait for major wet weather events to do some of this work. He stated this could involve a long-term investigation. He stated they are metering sections of the line in an attempt to find a problem area or several problems areas which they feel could be causing the problem. He stated they would then TV those areas to determine why there is excess infiltration and the engineer would suggest a correction action plan which is usually lining the sewer pipe where there is infiltration.

Mr. Fedorchak stated the section of line that goes through the Matrix property is an older section of line and feeds directly into one of the discharge points that the Bucks County Authority has identified as being in excess of the peak flow number so the Township is concentrating their effort in this area in the hope that they can find a significant amount of infiltration in this section although there is no guarantee that they will. Mr. Fedorchak stated Mr. Hoffmeister is working closely with the Township sewer engineer.

Mr. Fedorchak noted an area on the overlay shown in pink in the northern end of the Township where they have been able to determine that while there is a slight bump up during a wet weather event, it was within the accepted parameters; and he has formally requested the Authority representatives to go back to the Board and ask that this area be excluded from the ban. He feels there is a basis for doing this. He stated there is no doubt that the rest of the area has infiltration issues as it relates to peak flows.

Mr. Santarsiero stated this is something that could ultimately cost the Township a lot of money in terms of investigation and doing what may need to be done to resolve the problems. Mr. Fedorchak agreed and stated if they need to TV it could cost hundreds of thousands of dollars and this does not include the costs to fix the problems. He stated if they are going to have to reline or repair thousands of feet of sewer, it could cost millions of dollars.

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Mr. Hoffmeister stated two weeks ago he did ask the Authority to exclude that area from the ban to which Mr. Fedorchak referred. He stated with regard to the other areas, he agrees that there are some problems. He stated if in fact they find excess flows, he does have some ideas as to how to remedy this, but he will defer this to a later date. He stated they are going to place some meters in the Matrix line to find out if there are problems in this area, and he should be able to report back on this in two months. He added that Bucks County Water & Sewer has not taken an adversarial position with Lower Makefield

Mr. Stainthorpe stated he does serve on the Bucks County Water & Sewer Authority but he did abstain from voting on this matter as it impacted Lower Makefield, and he feels he will also have to abstain from voting in Lower Makefield on anything having to do with the Bucks County Water & Sewer Authority. He stated the action by the Bucks County Water & Sewer Authority is not meant to be adversarial and is being passed back onto the Bucks County Water & Sewer Authority by the City of Philadelphia. He noted the Authority had to make certain commitments to reduce inflow and infiltration and one of the ways to do this is to pass a ban on new connections.

Mr. Santarsiero stated the financial aspects of this are something the Township is going to have to deal with. He stated while this does involve the Matrix property, he does not feel it is an immediate problem as they still need to go through the review process; and construction would most likely not start until next year. Mr. Stainthorpe stated they may find after doing the metering, that they do not have a problem.

Mr. Zachary Rubin, 1661 Covington Road, asked why Mr. Stainthorpe would recuse himself from this matter as he could be an advocate for the Township on the Authority Board. Mr. Stainthorpe stated he feels this would be a conflict of interest, and

Mr. Truelove agreed.

Ms. Virginia Torbert noted Region 1 on the overlay and asked if these were not mostly new developments. Mr. Hoffmeister agreed. He stated the Authority has indicated that the area where they are exceeding the flows is the Yerkes line and they are trying to isolate some of the areas so that they have a more accurate idea as to what is going on. He stated they are going to try to prove it is not in Lower Makefield’s line.

Mr. Smith stated approximately one month ago when they were discussing the Canal Interceptor project, Mr. Hoffmeister indicated he felt they should consider the possibility of selling the sewer system. He asked if this additional situation impacts his feeling, and

Mr. Hoffmeister stated he continues to feel that the Township should explore the sale of the system. He stated no matter who they sell it to, they will have a new line along the Canal and they will also have a better handle on what is flowing to Philadelphia. He stated it is still appropriate to discuss the possible sale of the sewer system. Mr. Smith

asked Mr. Stainthorpe if he was still in support of exploring the sale of the sewer system,

and Mr. Stainthorpe stated he is.

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Mr. Hoffmeister stated he feels what they are looking at is a short-term fix. He stated Lower Makefield will have to expend some monies to make some corrections, but some of this could also be expensed by others. Mr. Hoffmeister stated for a period of two months they had not heard anything from the Authority and they had even indicated to

Mr. Zarko and himself that they recognized that there were not real problems in Lower Makefield Township. Mr. Hoffmeister stated Lower Makefield is actually just over the maximum peak that is required under the Contract and there are others that are exceeding the levels by two to three times. Mr. Santarsiero stated he is hopeful that this will be a quantifiable problem that will not cost the Township too much money; but he feels this does underscore the need to do a study to look into the possible sale of the sewer system.

POSTPONEMENT OF APPOINTMENT OF CONFLICT ENGINEER TO OVERSEE MATRIX PROJECT

Mr. Santarsiero stated that since Schoor DePalma has done work with the Matrix developers in the past, they will need to appoint a Conflict Engineer to represent the Township in this matter. He noted they did appoint Remington-Vernick as the Conflict Engineer and they are currently in the process of making sure that Remington-Vernick does not have a conflict serving in this capacity. He asked that this matter be postponed until this issue is resolved.

Mr. Stainthorpe moved, Mr. Smith seconded and it was unanimously carried to postpone appointment of Conflict Engineer to oversee the Matrix Project until June 21, 2006.

DISCUSSION OF STATUS OF LOW IMPACT DEVELOPMENT ORDINANCE AND MOTION TO PROCEED WITH DRAFTING OF ORDINANCE AND RATIFYING THE WORK DONE TO DATE BY THE TASK FORCE

Mr. Jim Bray was present and stated on March 16 they started the process of developing a Low Impact Development Ordinance. He stated they established a Task Force which includes Mr. Majewski, Mr. Watson, the environmental engineer, Mr. Closser,

Mr. Jeff Goll, and himself. He stated they have had five subsequent meetings since

March 16 and their goal was to have a Low Impact Ordinance in draft form by May 25.

He stated the draft is in the process of being e-mailed to the various parties who will start the review process which will commence Monday, June 12 at 7:30 p.m. when there will be a joint meeting of the Environmental Advisory Council and the Planning Commission. He feels what they will come up with will be very comprehensive. He feels Lower Makefield is a forward-thinking community and this will enhance this image. He stated the first meeting will be informational in nature. He noted the Planning Commission also has some other matters they need to discuss; and once they have done this, they will turn the meeting over to the Low Impact Development Ordinance group. Mr. Bray stated

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Mr. Majewski will do a power-point presentation to summarize the major points of the Ordinance, and they will then open it up for discussion. Mr. Bray stated he feels this will take more than one meeting to get completed.

Mr. Santarsiero asked if they anticipate a recommendation to the Board of Supervisors by July or August, and Mr. Bray stated he is hopeful that it will be done by July.

Mr. Stainthorpe stated while he feels this is an excellent idea to explore, he has concerns as to how this project has proceeded and under what authority. He stated there have been engineering and attorney fees incurred, a number of meetings held, and taxpayer money has been spent and certain procedures should have been followed. He stated the Board of Supervisors was not consulted about or approved the expenditure of this money. He stated he and Mr. Santarsiero have exchanged e-mails regarding this matter for the last week. He stated he feels they have acted improperly and possibly illegally. He stated he is disappointed with the Solicitor in that he did not point out that there can be no actions taken unless approved by the full Board. He stated even if the Chairman feels this is a good idea, the Chairman has no more authority than the other Supervisors except for the Chairman’s ability to swear in certain officials and call special meetings. He noted portions of the Second Class Township Code to this effect. He feels they may also be in violation of the Sunshine Law. Mr. Stainthorpe stated he feels they need to get in compliance by taking a vote to authorize going forward. He stated while there are many good ideas, the Board must discuss and approve of them before they move forward.

Mr. Stainthorpe stated he feels this was the result of the inexperience of the Chairman and the Solicitor, and they now need to proceed legally.

Mr. Santarsiero stated while the Board did not take a vote on this matter, they have had discussions about this several times over the last several months. He stated at the reorganization meeting he had indicated that they wanted to move forward with a Low Impact Development Ordinance and wanted to have a draft Ordinance by late May or June. He stated they have also discussed this a number of times both in the context of interviewing candidates for vacancies on the Environmental Advisory Council and at other public meetings. He stated during the interviews he mentioned to every candidate that this was a task the Township was undertaking. He stated while the Board may not have taken a vote, it was discussed and there was opportunity for anyone to say whether they had any objection. Mr. Santarsiero stated Mr. Majewski has brought his enthusiasm for the project since last year when this was first discussed and Mr. Goll, as a hydro-geologist, brings to the Township significant expertise that comes free of charge to the Township.

Mr. Santarsiero stated he is not opposed to voting on this matter, but noted that in the two and a half years he has been on the Board of Supervisors, there have been a number of projects undertaken by the Township professionals that were done in a much less formal

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manner and not with a vote by the Board of Supervisors and there was never a concern mentioned about illegality at that time.

Mr. Caiola moved and Mr. Smith seconded to draft a Low-Impact Development Ordinance for Lower Makefield Township and to ratify the work done to date by the Task Force. Motion carried with Mr. Stainthorpe abstained.

Mr. Stainthorpe stated in the future anything they are going to do needs to come before the entire Board. He asked that Mr. Truelove check into this as well as he does not understand why this was not brought to the Board previously adding that he would have voted for this. He stated he does not feel they can spend the taxpayers’ money without a vote by the full Board. Mr. Santarsiero stated he feels they did bring this before the Board although there was not a vote. He stated he feels it was clear that they were going to move this project forward.

Mr. Truelove stated he is currently involved with Mr. Fedorchak and other professionals in working on the Edgewood Village project and he does not recall a specific vote being taken on this but understood that the entire Board had been in favor of this. He stated he wants to make sure that his direction is clear. He stated he does not believe that since there were no deliberations, and this was only an advisory board acting in that capacity that there were any Sunshine Act violations. He wants to make sure of the Board’s direction, that even though there was not a formal vote, that this was the wish of the Board to the professionals for Edgewood Village and the current matter under discussion and that they are empowered to move forward on Edgewood Village as he has a meeting with Mr. Fedorchak on this matter tomorrow. Mr. Santarsiero stated this is another example of the same kind of thing that has been ongoing since he has been on the Board where there have been discussions about issues such as Edgewood Village where there was a special meeting, and there was a discussion informally since no vote was taken, that the Township would continue to work with the Historical Commission, the stakeholders in Edgewood Village, and the particular property owners all toward the end of trying to move that project forward. He stated there have been meetings in the interim to do that and Edgewood Village will be discussed at the next Board meeting on June 21; although there was not formal vote taken. He stated professionals have been involved with this and it has resulted in some expense to the Township. He noted while this is not the first time this has occurred, it is the first time they have heard this kind of objection. Mr. Santarsiero stated from his perspective, he feels it is appropriate to proceed, and he does not feel they need to vote on it. Mr. Stainthorpe questioned what work was being done, and Mr. Santarsiero stated they are considering what zoning changes may need to be done, and they are meeting with various stakeholders to see what might work. He stated this was all discussed in January when they had a meeting on Edgewood Village and they indicated that much more needed to be considered before they had another public meeting and this is what has been occurring, which he feels is appropriate.

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ZONING HEARING BOARD MATTERS

Mr. Truelove stated with regard to the John Nadig, 890 Mirror Lake Road, Variance request to permit construction of a carriage shed with greater than permitted height, it has been recommended that this matter be left to the Zoning Hearing Board.

With regard to the Terence and Shannon Poulton, 860 Weber Drive, Variance requests to permit construction of additions and garage resulting in greater than permitted impervious surface and encroachment into the side yard setback, it was agreed that the Solicitor participate to make some further determinations to minimize any impact this may have with respect to the surrounding property owners.

With regard to the Daniel Nigra Variance requests to permit construction of a single-family dwelling on Linden Avenue resulting in greater than permitted impervious surface, less than required net lot area, less than the required minimum width and construction of a dwelling on a non-public road, it was agreed that the Solicitor participate to insure consideration of the Township engineer’s recommendations.

With regard to the Christopher and Cynthia Montgomery, 18 Moyer Road, Variance request to construct a patio resulting in greater than permitted impervious surface, it was agreed that this will be left to the Zoning Hearing Board.

With regard to the Florian and Minchi VonTrentini, 363 Robin Hood Drive, Variance request to remove an existing sunroof and construct a new sunroom on the existing foundation resulting in greater than permitted impervious surface, it was agreed to leave this matter to the Zoning Hearing Board.

SUPERVISORS’ REPORTS

Mr. Santarsiero stated Alan Dresser, a member of the Environmental Advisory Council, was assigned the task of investigating the recycling efforts in the Township. He did look into what was going on with some of the commercial establishments in Lower Makefield, and the Board was provided a brief memo recapping his findings. Mr. Santarsiero stated it does note a number of potential violations of the Township Recycling Ordinances which presents a problem because it undermines the recycling program which is good for the environments and also has a financial implication to the Township since the Township receives $20 for every ton of material that is recycled. This results in a revenue stream to the Township that is currently being lost if these businesses are not complying. Mr. Santarsiero stated there is also apparently a waste hauler who is servicing the Lower Makefield Corporate Center – Main and South Campus – called Onyx Waste Service; and they do not believe that they are permitted to haul waste from Lower Makefield, although this does have to be verified. Mr. Dresser has offered to meet

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with Mr. Fedorchak and others in the Township administration to look into this further. Mr. Santarsiero stated if there is non-compliance, they want to insure that they are brought into compliance quickly. Mr. Caiola asked if this task was ever undertaken previously and asked what is the standard operating procedure with regard to insuring that there is compliance. Mr. Fedorchak stated a similar research project was done approximately six to seven years ago. Mr. Santarsiero stated they need to implement a policy so that they stay on top of this on a more regular basis. Mr. Smith stated he is concerned that there is possibly a hauler operating in the Township without a license and also that Mr. Dresser was unable to contact anyone at Onyx. Mr. Fedorchak stated

Mr. Truelove is looking into the ability of the Township to continue to require licenses. Mr. Truelove stated there is a recent Commonwealth Court decision that invalidated the imposition of licensing and permitting fees by local Municipalities. He stated this does not mean that other things they are doing could not be monitored or enforced in other ways. He stated he will, at the Board’s direction, discuss this with Mr. Dresser further. Mr. Santarsiero thanked Mr. Dresser for his work on this project.

Mr. Santarsiero stated the Newsletter is going to the printer and should be mailed to residents during the week of June 19. Mr. Santarsiero stated he will be sending out a letter to the members of the Citizens Traffic Commission shortly and put together the first meeting in July. He noted the Southeastern Bucks League of Municipalities did meet in Bristol Township and they did discuss the Airport expansion issue. He also invited Byron Woodman from Community Energy to make a presentation and there was interest so he is hopeful the other communities will participate in this program as well.

He stated they also discussed the growing problem of gang violence in Lower Bucks County and a presentation was made by a Lieutenant from the Bristol Township Police Department on the gangs operating in the Bristol area which are coming primarily from Trenton, New Jersey. He stated they have heard concerns in the past about this in Lower Makefield as well as other Lower Bucks communities, and they need to continue to be vigilant about this.

Mr. Caiola stated while the Cable TV Advisory Board will not meet until September, there is a lot of activity throughout the State with regard to franchises and whether the Municipalities will be able to retain their leverage as new technologies are introduced. Mr. Caiola stated with regard to the Regional Traffic Task Force, between the last meeting and the most recent meeting, there was some research done on trying to determine whether or not the quarries would be better served by using Rail instead of trucks; and most of the parties involved seem to believe logistically this would be difficult although they will discuss this further at the next meeting.

Mr. Stainthorpe stated the Golf Course VIP outing was held today and for the second year in a row there was torrential rain. He stated they did have approximately 150 golfers who were able to play nine holes. He stated they did have a good turn out and will continue to host this event.

June 7, 2006 Board of Supervisors – page 13 of 14

OTHER BUSINESS

Mr. Fedorchak stated on Tuesday they began the bubble feasibility study. He stated the Asati representative came to the Pool, interviewed the staff, took measurements of the entire area, and discussed a number of different scenarios. He stated at this point he is looking at the 25 meter pool and the Olympic pool doing either one or both pools. He stated there is a considerable amount of work and research he will have to perform, and it will take some time. Mr. Fedorchak stated in addition to what the Asati representative will be doing, it has become evident through comments that were made, that the Township will have to look at costing out winterizing the main office area because that building houses a number of the pipes and the surge tanks, as well as winterizing the bathroom/changing area located on the northwest end of the Pool. He stated they may also have to remove some of the lights in order to accommodate the bubble.

Mr. Fedorchak stated if they are going to try to bubble the Olympic pool, the bottom third of the flume slide will have to be disconnected in order to accommodate anchoring the bubble. He stated it is also evident that a certain amount of concrete decking would have to be cut into in order to provide for the anchoring of the edge of the fabric. This could be a foot and a half wide to 48” deep. Mr. Fedorchak stated in order to keep the project moving, he instructed the Asati representative to cost out what he is comfortable with; but in order to complete the analysis and get an accurate total cost, Mr. Fedorchak asked, with the Board’s permission, that Mr. Majewski provide the Township with costs for the other items that have arisen in the course of the Asati representative’s investigation.

Mr. Fedorchak stated there was no cost-effective way to put the bubble over the entire slide and the slide will be outside of the bubble. Mr. Fedorchak stated while it would be possible to include the slide inside the bubble, they would have to bring in cranes to lift the bubble over the slides, and it would have involved major cost. Mr. Fedorchak stated while the bubble project is doable, they will have to consider the costs.

Mr. Fedorchak stated he opened bids for the TV project on Monday. They received four bids. He has sent them to the consultant to review. The apparent low bidder was slightly less than $80,000; and the apparent high bidder was approximately $103,000. He stated he is cautiously optimistic that they will be able to bring the project in on Budget.

Mr. Fedorchak stated he had the opportunity to meet with Rich Harvey from the Bucks County Agricultural Preservation Program to follow up on the discussion on Patterson Farm and the Board’s concern as to how to protect the farm forever. One of the ideas that was brought forth by Mr. Marshall was to look at this program. Mr. Fedorchak stated he has begun this process and it would appear that as far as Mr. Harvey is concerned, the Township would be eligible. Mr. Fedorchak stated he will pursue this in more detail in the weeks to come.

June 7, 2006 Board of Supervisors – page 14 of 14

Mr. Smith thanked Mr. Fedorchak and Mr. Coyne for putting together an excellent Road Tour last weekend.

There being no further business, Mr. Smith moved, Mr. Stainthorpe seconded and it was unanimously carried to adjourn the meeting at 9:25 p.m.

Respectfully Submitted,

Greg Caiola, Secretary