Board of Supervisors
Tuesday, October 13 2009
MIDDLETOWN TOWNSHIP
BOARD OF SUPERVISORS
REGULAR MEETING
OCTOBER 13, 2009
PRESENT:
CHARLES M. THOMPSON, JR., CHAIRPERSON}
ROBERT G. MCMONAGLE, VICE-CHAIRPERSON}
KATHY H. HEUER, SECRETARY} BOARD OF SUPERVISORS
H. GEORGE LEONHAUSER}
RAYMOND STEPNOSKI, TOWNSHIP MANAGER
MICHAEL J. SAVONA, ESQ., TOWNSHIP SOLICITOR
HERBERT C. GERY, P.E., TOWNSHIP ENGINEER
5:45 p.m.Executive Session.(Legal Matters)
6:30 p.m.Regular Business Meeting
1.CALL TO ORDER, PLEDGE OF ALLEGIANCE, AND ROLL CALL.
Mr. Thompson called the meeting to order at 6:35 p.m. He announced that an Executive Session was held prior to the
public meeting.After the pledge of allegiance, Ms. Heuer called roll.All Supervisors were in attendance with the
exception of Mr. Caro.There were also approximately 10 interested citizens in attendance.
2.ANNOUNCEMENTS, CORRESPONDENCE, AWARDS AND REPORTS.
A.NEXT BOARD OF SUPERVISORS MEETING -TUESDAY, OCTOBER 27, 2009 @ 6:30 P.M.
3.PUBLIC COMMENT.NON-AGENDA ITEMS ONLY.
None.
4.CONSENT AGENDA ITEMS.
A.CONSIDERATION OF AUTHORIZING PAYMENT OF BILL LISTS #9-5 DATED SEPTEMBER 30, 2009, #10-1 DATED OCTOBER 1, 2009,
#10-2 DATED OCTOBER 2, 2009, #10-3 DATED OCTOBER 6, 2009 AND 10-4 DATED OCTOBER 13, 2009.
B.CONSIDERATION OF APPROVING THE AUGUST 25, 2009 AND SEPTEMBER 22, 2009 MINUTES OF THE PUBLIC MEETINGS OF THE
MIDDLETOWN TOWNSHIP BOARD OF SUPERVISORS.
C.CONSIDERATION OF APPROVING ESCROW RELEASE #4 IN THE AMOUNT OF $18,136.25 TO CAVALIER DEVELOPMENT, LLC, RALPH
AVENUE.
D.CONSIDERATION OF AWARDING THE 2009-2010 CONSORTIUM ROCK SALT CONTRACT TO INTERNATIONAL SALT IN THE AMOUNT OF
$28,975.00.
E.CONSIDERATION OF ENACTING RESOLUTION #09-15R ACCEPTING A MUNICIPAL GRANT PROGRAM CONTRACT AWARDED BY THE RDA OF
BUCKS COUNTY FOR $204,350.00 FOR THE WOODBOURNE ROAD SIDEWALKS FROM THE SEPTA STATION TO FOURTH STREET.
F.CONSIDERATION OF AWARDING A CONTRACT FOR THE VETERANS' MEMORIAL PARK STONE WALL MATERIALS TO TRENTON BLOCK &
HARDSCAPE SUPPLY, INC., TRENTON, NJ IN THE AMOUNT OF $17,901.00.
ACTION:MS. HEUER MADE A MOTION, SECONDED BY MR. MCMONAGLE TO ACCEPT THE CONSENT AGENDA ITEMS
A-F AS LISTED ABOVE.
Andy Warren, 294 Shady Brook Drive, Langhorne, questioned how many people walk from the Woodbourne Road Train Station
to Fourth Street.
Ms. Heuer responded that the train provides access for employees to Oxford Valley Mall and encourages businesses to
open at Oxford Valley Mall because they will be able to have employees.This would also be an effort to cut down on
car traffic for the residents that live in Heathergate because they will be able to safely walk to the train station.
Mr. Warren asked if the Township has a traffic study showing the daily number of pedestrians that use this walkway
now.Ms. Heuer said no.Mr. Thompson said the Township is aware from residents comments that there are a great number
of people that refuse to use this walkway because it is too dangerous.
Mr. Warren inquired what the length of the proposed sidewalk is.Mr. Gery said it is approximately 1,600 feet as
sidewalk is already in place in front of one of the developments along Woodbourne Road.He also advised that the
sidewalk would be crossing two sets of train tracks and pedestrian gates would be installed.Mr. Warren asked who
would own the sidewalk.Mr. Gery stated that the sidewalks are owned by the property owners that are adjacent to the
right of way.
Mr. Warren said that if the Township is building the sidewalk and if the Township is encouraging people to use it,
then when there is ice or snow some entity will have to clean it which he is assuming that CSX will not do.He said
there is a "Rush Bus" that is available all day long and is exactly what they are there for.He also asked if any
engineering studies have been completed for this project.Mr. Gery said cost estimates have been completed, the area
has been observed, and he has met with CSX regarding the pedestrian gates.He pointed out that there is no formal
pedestrian walkway study completed.The studies that have been done are preliminary engineering studies for
feasibility of the construction of sidewalk.
Mr. Warren said that if there aren't any studies at this point as to whether it will be 10 people using the walkway
or 10 hundred people and he believes that without having an engineering study to look at there is not room to safely
drive people in inclement weather in that area.Mr. Warren requested that the Board table this issue until the
engineer can come back with some engineering that states there is room and it can be done.
Ms. Heuer asked Mr. Warren if he uses this roadway as she uses it every day during rush hour and sees many people
walking in the street to and from the train.Mr. Warren stated that he takes the train every day.Mr. Warren said the
Township is creating a dangerous nuisance without having engineering studies or projections about the number of
people who would be using the walkway.He would love to see sidewalks from the Municipal Center to the shopping
center.He also stated that there are many, many places that need sidewalks and commends the Township for getting
$225,000.00 from the Redevelopment Authority.He encourages the Board to at least get some modicum of study about this
investment.
Mr. McMonagle stated that this is a time sensitive issue and involves Casino money that is doled out by the
Redevelopment Authority.If the money is not used for what the Township has requested it for, then it must be
returned.This issue cannot be tabled this evening.Mr. Warren said if it won't be tabled, he would encourage the Board
to look upon this with prudence as this is a dangerous precedent that the Township is going into and it would seem
the prudent thing to do would be to at least have an engineering study that says it can be built.Mr. Warren said no
one can tell him that yes this can be built because a preliminary study hasn't been done.Mr. Gery interrupted Mr.
Warren stating that he is incorrect in that a preliminary study has been done.The cost estimate that is before the
Board is based on field observations done by Mr. Gery with measurements under the bridge.
Mr. Warren inquired what happens if it turns out that this walkway cannot be built and the Township has taken the
$200,000.00 what happens to the money.Mr. McMonagle stated that if the sidewalks are not built, the money is returned
to the Redevelopment Authority for distribution to the other contiguous municipalities to Bensalem Township, with
regard to whatever the disbursement of the casino funds is at that particular time.
Mr. Warren said it is a great idea to build sidewalks in the Township, but not in that particular spot.Can the funds
be used for a different location?Mr. Savona said the grant application is being submitted for this location.In the
event that it is not approved or the engineer recommends against it and Mr. Warren proves to be correct, then the
sidewalks will not be built and the money will be returned.Mr. Savona said the Township is not going to move forward
to do something that is dangerous or unsafe.Mr. Warren said yes they are as the Township is taking the money to do
it.Mr. Savona reiterated that it is being studied.
Mr. Stepnoski clarified that the Township doesn't take the money, bills must be submitted for reimbursement so the
Township would have to be well beyond any feasibility study before any money is distributed.Mr. Warren said his point
is that none of the Township's neighbors can take the money if they have a project or Middletown cannot use it for a
"real" sidewalk somewhere where it will do some good.
Tom Kearns, 1895 Garden Court, Langhorne who lives right off of Woodbourne Road commended the Board for pursuing a
grant application to get pedestrians off of Woodbourne Road so they can walk safely from the train station to the
Mall.Mr. Kearns stated that when he was on the Board of Supervisors they attempted to have sidewalks built on
Woodbourne Road.Anything that the Board can do to have sidewalks built on Woodbourne Road to make it safer for
residents is to be commended.Mr. Kearns said he feels just the opposite of Mr. Kearns and this would be a great use
of the funds.
MOTION CARRIED UNANIMOUSLY.
5.PRESENTATION BY A REPRESENTATIVE OF THE DEVELOPER REGARDING THE REQUEST AN EXTENSION TO SEPTEMBER 29, 2010 FOR A
DEVELOPMENT CONTRACT FOR THE WAWA LOCATED ON OXFORD VALLEY ROAD.
Thomas Hecker, Esq., along with June Spring, a representative of Wawa were present to provide more information
concerning the additional one year extension.The Board had previously granted a one year extension in connection with
the development agreement for the prior year.Mr. Hecker stated that the agreement was executed and the security put
in place at the Township in March of 2007.
Pursuant to the agreement there was approximately $500,000.00 of work done on the site getting the site pad ready for
the construction of the Wawa facility.During that year the economic situation deteriorated significantly and Wawa,
like everyone else, felt the pinch.The funds that were allocated for the construction of the building and other
improvements were pulled from this site and allocated elsewhere.The project was approved and allocated for funding
for this year of 2009 and in fact work has commenced at the site.
Mr. McMonagle stated the project was approved for funding in 2009, in effect sometime in late 2006 or early 2007 Wawa
purchased the property, did site improvements, but had not funded the construction of a convenience store and gas
station.Mr. Hecker said that Wawa never purchased the property as this is a land lease with the owners of the
property being John McGrath and Pat Flanagan.Wawa entered into the land lease agreement and pursuant to that
agreement were obligated to fund the land development agreement which were funded with a letter of credit in March
2007.
Pursuant to the contract work commenced at the site with in excess of $500,000.00 worth of work being done to the
site during 2007.That amount included demolition, site work, getting a pad ready, the construction and installation
of utilities, and work around the pump station that belongs to Falls Township which immediately adjourns the site.The
balance of the funding in order to complete the site was then no longer available for this site, it was put on
hold.That situation was cured this year with the project being put back on the books and funded by Wawa and pursuant
to that funding work has commenced.
Mr. Hecker stated that because work has commenced since he wrote to the Board and requested a further extension, the
game plan at this point is to have the facility open and operating in the early part of 2010.Mr. Hecker revised his
request to reduce the extension request from one year to nine months making it June 30, 2010 because of the work that
has been done and the daily progress that continues to be made at the site.
Mr. McMonagle inquired if Wawa is committed to this project.Mr. Hecker said yes Wawa is committed to the project.
June Spring, 260 West Baltimore Pike, Wawa, Pa stated that Mr. Hecker is correct, but that Wawa didn't take over the
project, there was work to be done, though there were funds from Wawa, the landlord was performing work and when Wawa
was ready to go the work had not been completed to the degree that Wawa could step in and take over.There were
various delays that Wawa had no control over, hence that was a large part of the delay, and it has always been Wawa's
contention to go forward with this.Mr. Hecker pointed out that the work that was completed by the landlord was
reimbursed by Wawa which means that Wawa has more than $500,000.00 in the site.
Ms. Spring said that the property has been transferred to Wawa and they are moving forward with the project manager
on the job.The general manager is also on the job to finish the building, the canopy, gas tanks, paving, etc.
according to the approved plan.
Mr. McMonagle asked Ms. Spring if there are any concrete plans for the Wawa that is proposed to be closed.Ms. Spring
said it is a leased store and because of the delays Wawa had to extend the lease and the owner will be taking the
property back.
Mr. Hecker reiterated that if the Board is inclined to grant an extension it would be until June 30, 2010.
6.RECONSIDERATION OF ACCEPTING AN EXTENSION TO SEPTEMBER 27, 2010 FOR THE DEVELOPMENT CONTRACT FOR THE WAWA LOCATED
ON OXFORD VALLEY ROAD.
ACTION:MR. MCMONAGLE MADE A MOTION, SECONDED BY MR. LEONHAUSER TO EXTEND THE APPROVALS ON THE WAWA LOCATED ON OXFORD
VALLEY ROAD TO JUNE 30, 2010.MOTION CARRIED UNANIMOUSLY.
7.CONSIDERATION OF APPROVING THE E & H PROPERTIES, MINOR SUBDIVISION, TMP #22-009-082, LOCATED IN THE R-2
(RESIDENTIAL) ZONING DISTRICT, S/LD #09-02.
Charles Marte, Esq., on behalf of E & H Properties along with Mark Havers of Pickering, Corts & Summerson,
Christian Evans of E & H Properties and Lois Chidester, owner of the property who resides in the existing house
on the property were all in attendance.Mr. Marte said the applicant has received recommendation for approval from the
Township Planning Commission.The Bucks County Planning Commission, Township Traffic Engineer, and Township Engineer
have also reviewed the plan.
Mr. Savona stated that the applicant's plan has been reviewed by the Township Engineer as stated by letter of July
24, 2009 and August 25, 2009.Mr. Marte stated the applicant will comply with both letters with the exception of the
road widening, curbs and sidewalks which are waiver items.Mr. Savona clarified that the Traffic Impact Study is not
required.With respect to the road-widening waiver, which is a waiver under Section 410, what is the basis for the
waiver.Mr. Marte said that if the road is widened, it will cause additional impervious surface, also will require the
cutting down of all of the trees that currently line that roadway.Everyone, including the Township Planning
Commission want to preserve those trees.
Ms. Heuer stated that in fact the Planning Commission suggested being carefull where the driveway is installed to
preserve the large tree.Ms. Heuer said she went to the site and sidewalks are inappropriate and street trees already
exist.Ms. Heuer inquired if the letter of adequacy from the Bucks County Planning Commission has been received.Mr.
Marte said it has and that a copy will be provided to the Township.
The applicant agrees to comply with the Township Engineer's letters dated July 24, 2009 and August 25, 2009 and also
the memorandum from Tom Fountain, Zoning Officer with regard to Zoning Ordinance ยง2208, sight triangles for the
proposed driveway at Lot 2 should be depicted at the ultimate right of way line.The applicant must provide permission
to connect water and sewer from the appropriate authorities.
WAIVER REQUESTS:
S/LD #410Road Widening requirement
S/LD #417Requirement of street trees
S/LD #417.3Requirement of a 10-foot wide landscape easement for street tree planting
S/LD #509 - 510Requirement of sidewalks and curbing
It was the consensus of the Board to grant the above waivers.
It was the recommendation of the Planning Commission to not require a fee in lieu of installation of sidewalks and
curbs.Mr. Marte stated that the Planning Commission felt it was totally inappropriate to put sidewalks and curbs in
this street.
Mr. Stepnoski inquired if the applicant is in agreement with the Bucks County Planning Commission Review Letter.Mr.
Marte said he doesn't want to state "will comply" for the entire letter, because it suggests moving the sewer lateral
from under the driveway.Mr. Havers said the lateral located on Lot 1 is a 20 foot wide easement and if it were to be
placed on the left side, there would not be enough room.If the lateral were located in the center of the property it
is actually more disruptive to the property and would also create additional tree removal.
Mr. Marte provided Mr. Stepnoski with his only copy of the review letter from the Bucks County Conservation District
to review.
Mr. McMonagle said he does not see any big issues with this property if it is developed subject to all of the terms,
conditions and provisions and also with the suggested waivers by the County Planning Commission and the Middletown
Township Planning Commission.
ACTION:MR. MCMONAGLE MADE A MOTION, SECONDED BY MS. HEUER TO APPROVE THE MINOR SUBDIVISION FOR E & H PROPERTIES,
TMP #22-009-082, LOCATED IN THE R-2 RESIDENTIAL ZONING DISTRICT, S/LD #09-02.MOTION CARRIED UNANIMOUSLY.
8.PUBLIC HEARING TO CONSIDER ENACTING AN ORDINANCE AMENDING THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AND THE
ZONING ORDINANCE.
Mr. Stepnoski advised that this was duly advertised in The Bucks County Courier Times on
September 29, 2009 and October 6. 2009; proof of publication has been received.
Mr. Stepnoski stated this issue is part of the codification and involves the public hearing and several "clean up"
items.
Mr. Savona advised that the summary of the changes that are being made to the Subdivision and Land Development and
Zoning Ordinance are as follows:
Amendment is being made to the S/LD ordinance to modify the application submission requirements regarding
completeness of the application and clarifies timing for response to the applications under the MPC.Also the number
and types of plans has been modified to be submitted to the Township enabling the submission of electronic versions
of the plans which would save paper.
The Zoning Ordinance modifications will change the definition of a vacant lot, change the housing type mix and
performance standard developments, permit cell towers on Township-owned properties and makes the changes the Board
requested to the non-conforming lot issue for Levittown.
No Public Comment was received.
ACTION:MS. HEUER MADE A MOTION, SECONDED BY MR. MCMONAGLE TO ENACT AN ORDINANCE AMENDING THE SUBDIVISION AND LAND
DEVELOPMENT ORDINANCE AND THE ZONING ORDINANCE.MOTION CARRIED UNANIMOUSLY.
9.CONSIDERATION OF ENACTING THE MIDDLETOWN TOWNSHIP CODE ADOPTION ORDINANCE.
Mr. Stepnoski advised that this was duly advertised in The Bucks County Courier Times on
October 6. 2009; proof of publication has been received.
ACTION:MS. HEUER MADE A MOTION, SECONDED BY MR. MCMONAGLE TO ENACT THE MIDDLETOWN TOWNSHIP CODE ADOPTION
ORDINANCE.MOTION CARRIED UNANIMOUSLY.
10.OTHER BUSINESS.
Mr. McMonagle requested the Board's consensus to direct the Township Manager to investigate hiring a full time Zoning
Officer for the Township of Middletown.For several years, the Township has contracted this work and Mr. McMonagle is
not happy with the performance or the documentation that the Board receives.He said the Township is in a
disadvantageous position especially when the Board is up against development attorneys.Mr. McMonagle would like to
see a person hired to be a Township employee to handle all of the subdivision and land development stuff and
especially to create the reports for the Board.
Ms. Heuer said it is a sound idea, especially after what was just heard in Executive session.Mr. Thompson said
additionally in talking to residents, there are times that residents believe the Board is being bullied because they
are up against this type of testimony and need to have all the facts at hand before final analysis is made.Mr.
Thompson also believes this would be a good idea.
Mr. Leonhauser asked if this hiring would be done this year.Mr. McMonagle said his request for consent for a
directive was to have the Township Manager look into the feasibility and present it back to the Board.He doesn't
believe this would be accomplished this year.There may be budgetary constraints that may preclude the hiring this
year; however, there are some unfilled positions.Certainly if it was an emergency situation, someone could be
hired.Mr. McMonagle said there are two vacant positions in administration, one being the Community Services Director
and a position in the Parks & Recreation Department.
Mr. McMonagle also stated that in addition to subdivision and land development duties, maybe the person could take on
other duties.
Mr. Thompson directed the Township Manager to look into the feasibility of hiring a Zoning Officer.
Mr. Thompson advised that the Department of Public Works personnel have moved into the new building.Mr. Thompson
further advised that there will be an open house of the DPW building in the coming weeks and to keep an eye out for
the press release in the paper and on the Township website.
Mr. Thompson said on Thursday, October 22, 2009, the Middletown Township Environmental Advisory Council (EAC) will
host the next program of Environmentally Speaking Series.This will be of particular interest to residents as it will
be based on energy conservation and financial incentives for homeowners.Steve Donohue of the EAC will moderate a
panel discussion on financial incentives available from the state and federal governments for energy efficiencies in
the Act 129 requirements for conservation and impending electricity rate cap expiration due in 2010.
Panel members include Kevin Denny of Green Levittown, Ted Ionue an Energy Consultant and Ted Durand of PECO.After a
short presentation from each panel member they will take questions from the audience.Admission is free and will be
held Thursday, October 22, 2009 at 6:30 p.m. in Rooms 220 and 221 at the Municipal Center.
Andy Warren said he was very interested in Item #7 where the Planning Commission recommended that sidewalks will not
be built to save a tree.Mr. Warren asked if the Planning Commission had been asked for their opinion about a sidewalk
that potentially could push pedestrians into a traffic lane.
Mr. Savona advised Mr. Warren that the Planning Commission only reviews land development applications and do not
typically review Township grant applications or any general items unless specifically referred by the Board.As far as
Mr. Savona knows the Township Planning Commission did not review this grant application.
11.ADJOURNMENT.
ACTION:MR. MCMONAGLE MADE A MOTION, SECONDED BY MS. HEUER TO ADJOURN THE PUBLIC MEETING OF THE MIDDLETOWN TOWNSHIP
BOARD OF SUPERVISORS AT 7:30 P.M.
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