PLUMSTEAD TOWNSHIP BOARD OF SUPERVISORS Meeting Minutes The public meeting of the Plumstead Township Board of Supervisors was held on Tuesday, at 7:30 p.m. at the Plumstead Township Municipal Building, 5186 Stump Road, Plumsteadville, PA Present: Dan Hilferty Stacey Mulholland Nick Lykon Brian Trymbiski Frank Froio (left at 11:30 p.m.) Jonathan J. Reiss, Esq. Timothy Fulmer, P.E. Carolyn McCreary Chair Vice Chair Secretary Treasurer Assistant Secretary/Treasurer Township Solicitor Township Engineer Township Manager Chairman Hilferty called the meeting to order at 7:30 p.m. followed by a moment of silence and the Pledge of Allegiance. CALENDAR AND ANNOUNCEMENTS: The Planning Commission meets on April 21. The Trail Steering Subcommittee will meet on April 25. The Veterans Ad Hoc Committee meets on April 27. The Board of Supervisors Worksession scheduled for April 28 is cancelled. PUBLIC COMMENT: Ed Brouillet, 4334 Bergstrom Road spoke to the Board about residents negative experiences with regard to baseball games held at Allohaken Park and asked questions about recent improvements and past plans that were not executed. He requested that the residents be given more time to discuss their experiences at a Board of Supervisors meeting. Susan Langenstein, 4358 Bergstrom Road, asked when this could be placed on an agenda, if residents will be invited and how they will know what agenda it is on. ENGINEER S REPORT: Timothy Fulmer, P.E. 1. East Ridge LLC (Rite Aid) Land Development: Nate Fox, Esq. appeared on behalf of the applicant and was accompanied by Kestra Kelly, P.E. and Greg Richardson (traffic engineer). Mr. Fox stated that the applicant is seeking preliminary/final approval for the land development, noting that the architecture being proposed is a voluntary condition. The requested waivers were reviewed with Mr. Lykon commenting on the afforestation requirement and the amount of trees being proposed for the site. Details of the review letters were discussed with Mr. Fox noting that the applicant had been before the Zoning Hearing Board on two occasions and had also received a conditional use approval for the proposed drive-thru. Board consensus was to have Township staff and the professionals meet with the applicant s professionals to discuss and make recommendations relating to parking lot tree shade, to afforestation, the amount of trees being proposed and a fee in lieu of, installation of a pedestrian crossing on Old Easton Road, and the costs of road improvements applicant is seeking a waiver for to determine a fee in lieu of. Motion by Mr. Lykon, seconded by Ms. Mulholland to grant preliminary/final approval of the land development plan conditioned on compliance with all items in the C. Robert Wynn letter dated 04/04/16 or resolution to the satisfaction of the Township, with a capital contribution acceptable to the Township, a means to
Page 2 of 7 provide access from Plumstead Christian School to the site being explored, waivers of afforestation and parking lot granted in part provided that maximum shading is further explored and corrected to the satisfaction of the Township with fees in lieu of accompanying any waiver, a note on the plan to protect and preserve existing wooded areas and reestablishment to the satisfaction of the Township if necessary, sign details being provided at a later date, a village gateway sign feature will be resolved in a manner satisfactory to the Township and noted on the plan, compliance with the Horner & Canter Associates review letter dated 04/11/16, noting the places for employee parking do not have to be angled as long as they are marked employees only, compliance with the Stan Stubbe letter dated 03/30/16 and any deviation from same must be resolved in a manner satisfactory to the Township, compliance with the Gilmore & Associates letter dated 04/06/16. With no additional comment, all voted in favor. 2. Lisbon Tract Proposed Subdivision: Rob Gundlach, Esq. appeared on behalf of the applicant, to review the details of a concept plan for the proposed residential subdivision comprised of 22 single family homes and the construction of retail space with parking renovations. He noted that the Township and the property owner are currently working to resolve litigation associated with the property. The Board discussed the proposed water supply from Doylestown Township Municipal Authority (DTMA) and the need for more EDUs, which Mr. Gundlach explained would be transferred from Garden Village, as the original approved plan had more EDUs allocated to the property then were needed with the revised, approved plan and the construction of the single family homes. The Board discussed plan details including proposed connectivity, concerns regarding the use of the commercial parking lot as a thoroughfare for the residential development, and the possibility of the commercial building encroaching into the riparian buffer. Mr. Gundlach stated that his client will complete the Phase II environmental and remediation required by PaDEP. The Board also discussed the idea of a capital contribution towards a traffic signal on Ferry Road should it meet PennDOT warrants. 3. Urich Tract Proposed Subdivision: Rob Gundlach, Esq. spoke to the Board about the concept plan for the proposed residential subdivision comprised of 21 single family homes to replace the plan submitted by a prior developer for 78 apartment units. He stated that this development is being proposed for public water via a connection to DTMA and would require less sewer EDUs. The Board discussed the layout of the homes, the source of water and the road design. Linda Dyke, 3923 Ferry Road stated she agrees that some of the houses should be eliminated and is concerned about the hazardous waste that may be on the former Lisbon site. Ann Weidman, 4185 Point Pleasant Pike stated she is affected by both developments and is concerned with how people will get into the development on Silo Hill Road. She asked if the water source would affect her well. Ray Urich, owner of the business at 4273 Point Pleasant Pike asked why his name is still being used to describe the parcel when his family sold it. He asked about barriers between his business and the development so he could avoid nuisance complaints about his operations. Father Walter Pasicznyk, 4923 Silo Hill Road stated the developments are too much for the area and traffic is heavy now without these developments, and asked if there would be an escrow for local residents possible water problems. Mr. Weidman, 4185 Point Pleasant Pike questioned the access to the Urich Tract. Barry Pasicznyk, 1023 N. Easton Road stated the proposed density is not natural and will wreck the area with more density, which is the cause of existing problems. Paul Pasicznyk, 4923 Silo Hill Road stated he believes the developer s surveyor may have been on his property and therefore the boundary may not be accurate. He stated that all Metropolitan developments look the same and 2
Page 3 of 7 Danboro should be left as is. Maria Pasicznyk, 4923 Silo Hill Road stated the Township has not preserved enough of its history and she is against development but not against someone building a home to live in. Natalie Pasicznyk Smith, Upper Black Eddy stated the Township should make sure that any new homes stay with the current character of the area, and if burial sites are uncovered they should be dealt with correctly. The Board discussed the proposed water source (DTMA) for the two residential subdivisions and the reduced density on the Urich Tract. Ms. McCreary stated that Gilmore & Associates, the Township s Water Engineer could prepare a water supply modeling study for both proposed developments in order to determine the system requirements and assess the merit of the interconnection compared to connecting to the existing Summer Hill public water system. She noted that the cost of the modeling would be borne by the developer, as it would not be necessary if the developments were not being proposed. Board consensus was to request that the model be prepared. SOLICITOR S REPORT: Jonathan J. Reiss, Esq. 1. Public Works Truck Loan: Mr. Reiss presented Resolution 2016-10, which if adopted would authorize the Township to incur a lease/purchase obligation for a 2016 Ford F 550 truck fully equipped at an amount not to exceed $66,301.05. Motion by Mr. Froio, seconded by Mr. Trymbiski to adopt Resolution 2016-10. With no additional comment, all voted in favor. 2. JEHL, LP Subdivision: Mr. Reiss informed the Board that he had the record plans and development related agreements available for Board signature. Mr. Reiss stated he had one item for Executive Session involving potential litigation. ADMINISTRATIVE REPORT, Carolyn McCreary, Township Manager: 1. Fire Police Requests: Ms. McCreary presented two new requests for fire police assistance. The first was for the Quakertown Vet Clinic Pet Fair on 06/04/16, requested by the Milford Township Board of Supervisors, and the second is for the Dublin Community Day scheduled for 06/05/16 and requested by Dublin Borough Council. Motion by Mr. Froio, seconded by Mr. Trymbiski to approve the requests subject to the availability of the fire police. With no additional comment, all voted in favor. 2. Professional Services Agreement Executive Center Condominium Association: Ms. McCreary presented a professional services agreement for the review of a request to connect to public water. Motion by Mr. Froio, seconded by Mr. Trymbiski to approve the agreement. With no additional comment, all voted in favor. 3. Professional Services Agreement Peruto Limited Partnership: Ms. McCreary presented a professional services agreement for a staff meeting with the owner of Keenan Mercedes and his professionals to discuss proposed changes to the property. Motion by Mr. Froio, seconded by Ms. Mulholland to approve the agreement. With no additional comment, all voted in favor. 4. Professional Services Agreement 4495 Blue Ridge Drive: Ms. McCreary presented a professional services agreement for the review of a stormwater management plan. Motion by Mr. Froio, seconded by Ms. Mulholland to approve the agreement. With no additional comment, all voted in favor. 5. PEMA Disaster Assistance Application: Ms. McCreary presented a public disaster assistance and agreement for financial assistance for costs associated with the January 23-24 blizzard. She stated that staff is estimating costs of $25,000 would be reimbursable and approval of the document would allow staff to sign the necessary documents and forward evidence of the costs to PEMA. Motion by 3
Page 4 of 7 Mr. Froio, seconded by Ms. Mulholland to authorize the execution of the application. With no additional comment, all voted in favor. 6. Township Fee Schedule: Ms. McCreary presented Resolution 2016-11, which if adopted would add the fee of $100 per hour with a two-hour minimum for the newly appointed Township Arborist. Motion by Mr. Lykon, seconded by Ms. Mulholland to adopt Resolution 2016-11. With no additional comment, all voted in favor. 7. FCC Notice New Tower Submission: Ms. McCreary reviewed the details of the notice the Township received from the Federal Communications Commission concerning Verizon Wireless application to install a 30-foot communications tower at 1100 Airport Blvd. She noted that the Historic Advisory Committee was asked to review the implications of the installation to any historical properties in the immediate area. 8. Bond Refinancing: Ms. McCreary reviewed the details of a proposed refinancing for the remainder of the 2010 General Obligation Bonds, stating that instead of issuing a new bond she is looking into refinancing options with banks due to the short-term nature of the debt. She recommended that the Board consider taking the savings up front to be used for infrastructure projects in the 2017 budget. 9. Request For Proposal Planning Consultant: Ms. McCreary reviewed the Request for Proposal (RFP) that the Board requested she draft along with a list of planners she planned to send the RFP to. She stated that she included the County Planning Commission based on favorable quotes the Township received for assistance with trail planning and the compilation and submission of documentation for the DCNR grant for Gardenville Fields. Ms. Mulholland suggested adding Gilmore & Associates and Carroll Engineering to the list because of planning work both firms have done for other municipalities. 10. Request to Connect to Public Water 5050 Applebutter Road: Ms. McCreary advised the Board of a request to formalize a connection to public water by Applebutter Properties, LP for 5050 Applebutter Road. Motion by Mr. Froio, seconded by Ms. Mulholland to approve the request to connect to public water for both sprinkler and drinking water. With no additional comment, all voted in favor. 11. Escrow Release Request John Werner, Inc. Subdivision: Ms. McCreary reviewed a letter from C. Robert Wynn Associates dated 03/24/16 recommending the release of escrow for lot no. 2 in the amount of $4,433.33 based on the amount of work completed to date on the stormwater management facility. Motion by Mr. Froio, seconded by Mr. Trymbiski to approve the escrow release. With no additional comment, all voted in favor. 12. DCNR Grant-Gardenville Fields: Ms. McCreary presented Resolution 2016-12, which if adopted would formalize the Township s application to undertake the Gardenville Fields Development project and provide the required match of $175,000 if the grant is awarded to the Township, and authorize the grant application to be executed by a Township Supervisor. The Board discussed the details of the application with Mr. Trymbiski asking if another phase is desired would the Board have the opportunity to discuss and vote to approve it. Mr. Lykon stated that it would have to be brought before the Board and stormwater management would also have to be discussed based on Mr. Fulmer s letter about the plans for the sports fields. Mr. Froio questioned the match of $175,000 and its availability without raising real estate taxes and the plan for the fields if the Township is not awarded the grant. He stated that he is not in favor of a grant application for this particular use, as he believes the Township should be paying for its own park improvements and a better use of a grant would be for a Crossing Abilities Park as he previously stated. Mr. Trymbiski stated he agrees 4
Page 5 of 7 with Mr. Froio about a Crossing Abilities Park and is concerned about the required match for the grant. Mr. Lykon stated that it most likely will not be completed in 2017 and could be split into multiple years to accommodate the Township s cash flow. Ms. Mulholland stated she is concerned about the match and what the Township is spending on parks in general, citing the proposed capital expenditures in the 2016 adopted budget, and a continuing decline in enrollment in the Central Bucks School District which could result in the fields being used less than expected but will still need to be maintained. She stated she feels the Township could spend less if it did the project on its own, utilizing reserves and the ability to purchase items on the State contract. Marcel Bisschops, 4515 Scenic View Circle asked if the fields really need to be constructed/developed or if the Township would be better served waiting to see what happens with requests for use of them. Mark Beatty, 4514 Scenic View Circle asked about the plan and phasing of connector trails, citing the concerns and problems that the residents of Bergstrom and Landisville Roads had spoken about during Public Comment. Motion by Mr. Lykon, seconded by Mr. Trymbiski to adopt Resolution 2016-12. With no additional comment, the vote was 3-2 with Ms. Mulholland and Mr. Froio dissenting. 13. DCNR Grant DC21: Ms. McCreary presented Resolution 2016-14, which if adopted would authorize the Township to apply for a DCNR grant for parkland acquisition of properties on River Road currently under private ownership and authorize the Township Manager to execute the signature page. Bill Collins, with Simone & Collins, and a representative of Delaware Canal 21 was present to speak to the Board about the significance of the property and the access to the river that could be restricted if a new owner does not afford the public the parking access that the current owner does. Mr. Froio expressed concern about the Township being responsible for a match if the grant is awarded and other funding sources do not become available to serve as the required match. Ms. Mulholland stated she did not like the idea of the Township owning this, and being responsible for stopping any continuing deterioration of the building and securing it while a plan is being worked on for its use. She also referred to statements in the application that make certain representations and outline the Township s responsibility once the properties are acquired. Mr. Lykon explained his rationale for the Township being the one to make the grant application, citing the number of organizations who support the acquisition process. Mr. Trymbiski outlined reasons to support the grant application and the acquisition of the properties because of the number of acres on and adjacent to the river. Motion by Mr. Lykon, seconded by Mr. Trymbiski to adopt Resolution 2016-14. With no additional comment, the vote was 3-2 with Mr. Froio and Ms. Mulholland dissenting. 14. Hanusey Park Lights: Ms. McCreary reviewed details of a request from Mike Harte, President of Plumstead Baseball to allow the lights to remain on until 10:30 p.m. on May 12 for the CB East/West baseball game. The consensus of the majority of the Board was to deny the request. 15. Community Building Rental: Ms. McCreary advised the Board that a resident who is renting the facility in May inquired about having a food truck on site as part of her rental. Board consensus was to allow this, and monitor if there are any problems. PAYMENT OF BILLS: Motion by Mr. Trymbiski, seconded by Ms. Mulholland to approve the bills list dated 04/12/16. With no additional comment, all voted in favor 4-0. The amounts reported on the bills list are as follows: General Fund - $125,867.73, Water Fund - $43,651.92, State Liquid Fuels Fund - $2,229.15, Police Explorers Post - $76.50, Developers Escrow Fund - $30,228.77, Construction Escrow Fund - $12,100.00, Zoning Hearing Board Escrow - $5,666.62 5
Page 6 of 7 APPROVAL OF MINUTES: Motion by Ms. Mulholland, seconded by Mr. Trymbiski to approve the minutes of the 03/22/16 meeting. With no additional comment, the vote was 4-0 with Mr. Froio abstaining as he was not in attendance at the meeting. OLD BUSINESS: Ms. McCreary presented Resolution 2016-13, which if adopted would memorialize the Township s support of an amendment to the Sterling Act to require that up to 1% of the Philadelphia Wage Tax paid by non-residents be remitted to the municipality in which the taxpayer resides. Motion by Ms. Mulholland, seconded by Mr. Trymbiski to adopt Resolution 2016-13. With no additional comment, all voted in favor. Ms. McCreary reviewed the details of a proposal from Bedminster Regional Land Conservancy (BRLC) to co-ease Gardenville Fields once the Township takes dedication of the public improvements at Plumstead Chase. She stated that BRLS was estimating the cost to be at a minimum of $15,000 for the endowment. Board consensus was to authorize the Township Solicitor to draw up the conservation easement documents for review by the Board, and then forward them to BRLC and Messrs. Carr and May, as required by the court-ordered settlement agreement between the Township and Bucks County Water & Sewer Authority. Ms. McCreary reviewed the details of correspondence from Land-Tech Enterprises concerning the issues the Supervisors had brought up at the prior meeting concerning the outstanding items relating to the completion of Owls Nest Park. Motion by Mr. Trymbiski, seconded by Ms. Mulholland to approve the payment of the remainder of the contract and commence the 18-month maintenance period subject to all trees that have been cut be removed from the site. Mr. Lykon cited the notes on the plan concerning trees not being permitted to be felled, pushed or pulled into an existing tree line and his belief that 90% of the trail is not crowned properly. With no additional comment the vote was 2-2 as Mr. Froio had left the meeting at 11:30 p.m. The motion failed. NEW BUSINESS: Supervisors Committee Reports Ms. Mulholland requested that Mr. Fulmer review the details of his memo to the Board dated 02/17/16 concerning the stormwater management calculations for Plumstead Chase and the impact to them if the sports fields and connecting trails were developed as originally proposed for the open space known as Gardenville Fields. Mr. Fulmer stated that he reviewed the proposed improvements along with the proposed trail network and the calculations prepared as part of the submission of the subdivision plan. He noted that the improvements to the fields including the ADA path that drain to the stormwater management facilities constructed by Toll Brothers would not require any additional stormwater management, but the connector path into Durham Ridge, and any other impervious surfaces outside of the tributary areas to the stormwater management facilities constructed by Toll Brothers, if planned for phase 2, may necessitate additional controls to be developed and installed. PUBLIC COMMENT: None ADJOURNMENT: Motion by Ms. Mulholland, seconded by Mr. Trymbiski to adjourn into Executive Session at 11:50 p.m. With no additional comment, all voted in favor 4-0. 6
Page 7 of 7 Respectfully submitted, Carolyn McCreary, Township Manager Date Approved 7