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Buckingham Township

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4613 Hughesian Drive
P.O. Box 413
Buckingham, PA 18912

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Meeting Minutes And Agendas

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Board of Supervisors
2/28/2018 7:30 PM

Buckingham Township Board of Supervisors

Meeting Minutes

 

The regular meeting of the Buckingham Township Board of Supervisors was held February 28, 2018 in the Township Building, 4613 Hughesian Drive, Buckingham, Pennsylvania.

 

Present:         Maggie Rash                           Chairman

                        Paul Calderaio                        Vice-Chairman

                        Jon Forest                               Member

                        Dana S. Cozza                        Township Manager

                        Daniel Gray                             Township Engineer

                        John Ives                                 Bucks County Planning Commission

                        Tom Kelso                               Township Water/Wastewater Consultant

                        Craig A. Smith, Esquire       Township Solicitor

 

                       

Mrs. Rash called the regular meeting to order at 7:50 p.m. and led the Pledge of Allegiance.

 

 

PUBLIC COMMENT

 

Mr. Sam Losorelli, Briar Circle, stated he was here to represent the Central Bucks East Stadium Committee in requesting direction and guidance to have lighting installed at the stadium. Mr. Smith advised Mr. Losorelli that the school district would need to apply for a variance from the Zoning Hearing Board if they wanted to pursue lighting at the stadium or seek a zoning change.

 

Mr. Harry Veni, Deep Creek Way, said there is a house in his neighborhood with 6-8 cars, appearing to be multiple families, and asked if a multiple family dwelling was permitted in that area. Mr. Smith said if there was a concern it should be brought to the Zoning Officer’s attention so that he may investigate the matter.

 

BOARD’S ANNOUNCEMENTS

 

No Activity.

 

 PAYROLL and BILL LIST

 

Consideration of approving Payment Request No. 1, to Eastern Environmental Contractors, for work completed on the Fieldstone Spray Field Upgrades – General Contract BT-17-01, in the amount of $27,000.00.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve Payment Request No. 1, to Eastern Environmental Contractors, for work completed on the Fieldstone Spray Field Upgrades – General Contract BT-17-01, in the amount of $27,000.00. The motion carried unanimously.

 

 

Consideration of approving Payment Request No. 1, to GS Developers, for work completed on the Fieldstone Spray Field Upgrades – Electrical Contract BT-17-02, in the amount of $10,800.00.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve Payment Request No. 1, GS Developers, for work completed on the Fieldstone Spray Field Upgrades – Electrical Contract BT-17-02, in the amount of $10,800.00. The motion carried unanimously.

 

Consideration of approving Payment Request No. 3, to A.H. Cornell & Sons Inc., for work completed on the Holicong Park Expansion, Phase 1, Contract 2016-04, in the amount of $110,433.41.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve Payment Request No. 3, to A.H. Cornell & Sons Inc., for work completed on the Holicong Park Expansion, Phase 1, Contract 2016-04, in the amount of $110,433.41. The motion carried unanimously.

 

Consideration of approving Payroll for the weeks ending February 4, 2018 and February 18, 2018, and the Bill List for the meeting of February 28, 2018.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve Payroll for the weeks ending February 4, 2018 and February 18, 2018, and the Bill List for the meeting of February 28, 2018,in the total amount of $1,413,997.51. The motion carried unanimously.

 

MINUTES

 

Consideration of approving the draft Supervisors’ Minutes of the January 24, 2018 Work Session and the January 24, 2018 Regular Business Meeting.

 

Mrs. Rash made a motion, seconded by Mr. Forestto approve, as most recently presented, the draft Supervisors’ Minutes of the January 24, 2018 Work Session and the January 24, 2018 Regular Business Meeting. The motion carried unanimously.

 

Consideration of accepting various Departmental Minutes and Advisory Body Minutes.

 

Mrs. Rash made a motion, seconded by Mr. Calderaioto accept the following Departmental Minutes and Advisory Body Minutes:

 

- Agricultural and Open Space Preservation Committee – October 27, 2016

- Safety Committee – January 2018

- Code Enforcement Monthly Statistical Report – January 2018

 

The motion carried unanimously.

 

 

BUSINESS

 

Consideration of recommending Preliminary/Final Approval of the “PA Biotechnology Center” Land Development and Lot Line Change plan dated Revised January 29, 2018, Township File LD 2017-02, T.P. 6-4-10-1 & 6-4-10-2, 3805 Old Easton Road, 19,013 sq. ft. new building area on 13.76     Acres, located in the PI Zoning District. The extended review period expires December 1, 2018.

 

Ed Murphy, Esquire, Wisler Pearlstine LLP and Greg Glitzer, Gilmore & Associates, Inc. were present to discuss the revised plan for the PA Biotechnology Center.

 

Mr. Murphy explained the history of the project, saying for the past 2 years the applicant has been studying how to expand the center, submitted a plan to the township and received Zoning Hearing Board relief for the expansion, but then determined they require even more building space.  The applicant then acquired 4 acres of the adjacent parcel, returned to the Zoning Hearing Board for more relief, appeared with a revised plan before the Planning Commission in December 2017 (with Preliminary/Final approval recommended), and are present to discuss that plan with the Board.

 

Mr. Murphy said they are requesting approval of both the Lot Line Change to split 4 acres from the 8-acre adjacent parcel, and approval of the Land Development plan.

 

Mr. Glitzer discussed the following items noted within the February 26, 2018 Knight Engineering review letter:

- Item 2.1 Dumpster locations / enclosures. Mr. Glitzer explained that regarding the Building #1 loading dock area, there is a generator in the referenced location, and they do not want to encourage vegetation around it, but will fence it in a solid enclosure (building recess). He said there is also plant buffering in that area being planned by a combined effort between the airport and Biotech Center. Mr. Glitzer said in regard to the Building #3 dumpster location which contains a compactor and a loading ramp, there is not much they can do, and request to defer this requirement until Building #3 is renovated, if and whenever that may happen in the future.

Mr. Murphy said they want to add the request for a partial waiver because the rear dumpster (Building #1) will have fencing, but not the one closest to the street (Building #3).

 

Mr. Cliff Werner displayed architectural renderings and explained the proposed new building will connect the existing building with building #3. He said there will be an area in the front lobby and a multi-purpose room for lectures, an upstairs conference room, and many laboratories and offices. Mr. Werner said this new area will provide the main entrance for the facility and will have elevators to service both of the adjacent buildings.

 

Mr. Glitzer expanded on the description, saying there will be the new building in the center, with new parking around the building and traffic circulation improvements. He said the newly acquired 4 acres will be used primarily for underground stormwater management and groundwater recharge. He said this plan is actually the Master Plan and shows what may be constructed within 20 years – including a free-standing building in the 4-acre area and expansion of building #1. Mr. Glitzer said they did receive the variances from the Zoning Hearing Board for relief that would be required for the future proposed items.

Mr. Glitzer pointed out that street trees and sidewalk run along the entire road frontage.

 

Mr. Glitzer said they also plan to resurface the parking lot on the small area near building #3.

 

Mr. Glitzer explained they have been working with the Landscape Review Committee to balance buffer plantings with what the airport is planning. Ms. Manicone said she met with Rick Holes from the airport and provided him with a copy of the revised plans for the Biotech Center. She said Mr. Holes intended to study the plan and work on designing a plan that will coordinate the buffers, with similar plant material on both sides (mostly small-scale flowering trees). Ms. Manicone said there are large trees existing that violate the airport restriction zone, and they will need to be removed. Mr. Gray noted the airport has a current land development plan in process and are revising that plan to include the combined buffering plan.

 

Mr. Glitzer said the February 16, 2018 Bucks County Planning Commission review referenced the sewage facilities planning module, and Mr. Glitzer confirmed the plan received a Planning Module Exemption in early April 2017.

 

Mr. Smith questioned two of the waiver requests referred to in the Knight Engineering review letter:

- ¶ 4.13 of the review letter and whether this waiver of SALDO §§9.20.D.1 and 9.20.D.3 – dealing with landscaping buffer parking lots to be located in the side or rear yards was supported.

- ¶ 4.15 of the review letter and whether this requested waiver of  SALDO § 9.20.E – providing requirements for the landscaping of parking lots was supported.

 

Discussion was had and Ms. Manicone indicated she had met with Cindy Culp, Gilmore’s landscape designer and reviewed the parking area plantings and found them to be acceptable with a note to be added on the plan that the shrub hedge plant material was to be field located with Ms. Manicone.

 

Mr. Glitzer confirmed they are agreeable to field locating the plantings with Ms. Manicone’s oversight, and the detail as shown on the current plan.

 

Mrs. Rash commented that speaking for the Board of Supervisors, they feel fortunate to have the Biotechnology Center located in Buckingham, and they are very supportive of it.

 

Mrs. Rash made a motion, seconded by Mr. Forestto grant Preliminary/Final Approval of the “PA Biotechnology Center” Land Development and Lot Line Change plan dated Revised January 29, 2018, Township File LD 2017-02, T.P. 6-4-10-1 & 6-4-10-2, 3805 Old Easton Road, 19,013 sq. ft. new building area on 13.76 Acres, located in the PI Zoning District,subject to:

 

1.         Compliance with all the comments in the February 26, 2018 Knight Engineering, Inc. review letter excepting:

 

Those comments requiring compliance with SALDO provisions for which waivers are, as discussed, by this motion granted pursuant to Applicant’s January, 2018 Waiver Request.

 

            With the additional partial waiver granted from SALDO §9.20.D.1, requiring  that there be fencing surrounding the rear dumpster (Building #1), but allowing the dumpster closest to the street not to be fenced (Building #3).

 

2.         Compliance with all the comments in the February 13, 2018 Landscape Review Consultants’ review letter.

 

3.         Compliance with all the comments in the February 16, 2018 Bucks County Planning Commission review letter, noting all items are “will comply” or “have complied”.  

 

4.         Accepting the April 3, 2017 letter from Pennsylvania Department of Environmental Protection stating no planning modules are required.

 

5.         The waivers from SALDO requested in Applicant’s January 26, 2018 Waivers Request letter are granted to the extent heretofore discussed, with the addition of SALDO §9.20.D.1, noting  there will be fencing surrounding the rear dumpster (Building #1), but not the one closest to the street (Building #3).

 

The motion carried unanimously.

 

The Township Solicitor was directed to prepare the written approval as required by the MPC. The findings, terms and conditions of that written approval, read as complimentary to these minutes, shall be controlling.

 

Consideration of accepting Request for Extension to the allowable review time under the provisions of the PA Municipalities Planning Code to June 30, 2018, for “BKTD Tract”, Township File SA 2017-02.

 

Mrs. Rash made a motion, seconded by Mr. Forest to accept the Request for Extension to the allowable review time under the provisions of the PA Municipalities Planning Code to June 30, 2018, for “BKTD Tract”, Township File SA 2017-02. The motion carried unanimously.

 

Consideration of accepting the Request for Extension of the time to complete the Improvements as set forth in the Residential Development Contract and Water and Sanitary Sewer Development             Agreements to March 23, 2019, covering “Arbor Point, Phase II” and “Arbor Point, Phase III”, Township File SA 99-02A.

 

Mrs. Rash made a motion, seconded by Mr. Forest to accept the Request for Extension of the time to complete the Improvements as set forth in the Residential Development Contract and Water and Sanitary Sewer Development   Agreements to March 23, 2019, covering “Arbor Point, Phase II” and “Arbor Point, Phase III”, Township File SA 99-02A.

 

Mr. Smith noted the improvements will likely be ready for dedication at the Board’s next meeting.

 

The motion carried unanimously.

 

Consideration of approving Resolution No. 2361, A Resolution of the Buckingham Township Board             of Supervisors Calling upon the Delaware River Basin Commission to Enact a Ban on Natural Gas Development, Hydraulic Fracturing, and Related Activities in the Delaware River Basin.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve Resolution No. 2361, A Resolution of the Buckingham Township Board of Supervisors Calling upon the Delaware River Basin Commission to Enact a Ban on Natural Gas Development, Hydraulic Fracturing, and Related Activities in the Delaware River Basin.

 

Ms. Diane Smith, Holicong Road, noted this resolution must be submitted to the Delaware River Basin by the end of March to be included as a written comment prior to public hearings on the matter. Mr. Smith verified the resolution provides for the township staff to do so.

 

Mrs. Rash thanked the members of the Environmental Advisory Commission for being present at this meeting, and for bringing this matter to the Boards attention.

 

The motion carried unanimously.

 

Consideration of approving Resolution No. 2362, A Resolution of the Buckingham Township Board of Supervisors, Bucks County, Pennsylvania Authorizing the Acquisition of a Conservation Easement Covering the Property Owned by BKTD, LLC, Being Bucks County, Pennsylvania, Tax Parcel Number 6-018-094.

 

Mrs. Rash explained this resolution authorizes the township to have the property appraised for purchase of a conservation easement, knowing that the intention of the owner is to subdivide the property into two lots, with each property allowed a 2-acre living area building envelope, and the remaining property to be covered by a conservation easement. She said on the larger of the two proposed parcels exists a very large horse barn. 

 

Mr. David Blatt, New Hope Road, was present and expressed concern regarding the proposed subdivision plan for this property which shows the location of the existing driveway continuing to run immediately adjacent to his property line, and the nearness of the proposed building envelopes on both lots 1 and lot 2 to his property border. Mr. Blatt said his concern is that the existing barn on the property could be used as a horse farm, which may entail heavy traffic to and from the barn.

 

Mr. Gray stated the ordinance requires a 50’ buffer along the perimeter of all property lines.

 

Mrs. Rash noted the Agricultural Preservation and Open Space Committee is very sensitive about preserving a parcel with the driveway going up the center of a farmable property, and proposed it be placed as near as possible to the far side of the property from Mr. Blatt’s lot.

 

Mr. Smith advised the Board that they could approve the Resolution with the condition that the proposed subdivision plan which is shown as an exhibit, must be revised with the driveway and building envelopes relocated in accordance to the Boards’ request.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve Resolution No. 2362, A Resolution of the Buckingham Township Board of Supervisors, Bucks County, Pennsylvania Authorizing the Acquisition of a Conservation Easement Covering the Property Owned by BKTD, LLC, Being Bucks County, Pennsylvania, Tax Parcel Number 6-018-094 with the following conditions regarding the plan shown as an exhibit to the proposed conservation easement. The plan shall be revised such that:

- The proposed building envelope on lot 1 shall be moved as close to the southwest property line as possible while still being in compliance with SALDO buffer requirements and setbacks;

- The driveway accessing Lot 1 shall be moved as close to the southwest property line as allowed by township ordinance consistent with required setbacks and buffers.

- The existing driveway accessing the property shall be vacated.

 

The motion carried unanimously.

 

Consideration of approving Resolution No. 2363, A Resolution of the Buckingham Township Board             of Supervisors, Bucks County, Pennsylvania Authorizing the Acquisition of a Conservation Easement Covering the Property Owned by White Star Limited Partnership, LTD., the Maximuck Living Trust   and the Maximuck Revocable Management Trust Being Bucks County, Pennsylvania, Tax Parcel Number 6-006-050.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve Resolution No. 2363, A Resolution of the Buckingham Township Board             of Supervisors, Bucks County, Pennsylvania Authorizing the Acquisition of a Conservation Easement Covering the Property Owned by White Star Limited Partnership, LTD., the Maximuck Living Trust and the Maximuck Revocable Management Trust Being Bucks County, Pennsylvania, Tax Parcel Number 6-006-050.

 

Mrs. Rash explained this is the first step towards a 102-acre farm being permanently preserved, located adjacent to another farm with approximately 100 preserved acres. She thanked the land owners who make the decision to permanently preserve their properties, saying it is a gift to us all. Mrs. Rash also thanked all of the residents who voted in favor of the 2008 bond referendum for land preservation, helping to make this purchase possible.

 

The motion carried unanimously.

 

Consideration of approving Resolution No. 2364, A Resolution of the Buckingham Township Board of Supervisors, Bucks County, Pennsylvania Authorizing the Acquisition of Utility Easements over Parts of Property Owned by Rene K. Johnson and Karen V. Johnson (TMP No. 06-008-044), Richard P. Solly and James S. Solly (TMP No. 06-008-052-003), Bruce L. Kimbel and Patricia Cole (TMP No. 06-009-011), and Biltmore Properties, LP (TMP No. 06-009-010).

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve Resolution No. 2364, A Resolution of the Buckingham Township Board             of Supervisors, Bucks County, Pennsylvania Authorizing the Acquisition of Utility Easements over Parts of Property Owned by Rene K. Johnson and Karen V. Johnson (TMP No. 06-008-044), Richard P. Solly and James S. Solly (TMP No. 06-008-052-003), Bruce L. Kimbel and Patricia Cole (TMP No. 06-009-011), and Biltmore Properties, LP (TMP No. 06-009-010).

 

Mrs. Cozza explained the township has been provided a grant from the Department of Environmental Protection, along with Doylestown Township, to fund in part the installation of public water to sites that had contamination in the Furlong area. She said the easements referred to in this resolution are going to be provided to the township in order for water lines to be installed through the properties. She said Mr. Kelso has met with the residents involved, who have agreed to grant the requested easements.

 

The motion carried unanimously.

 

Consideration of awarding the Buckingham Village WWTP Upgrades – General, Contract

BT-17-04, to Derstine Company of Souderton, PA in the amount of $430,000.00.

 

Mrs. Rash made a motion, seconded by Mr. Forest to award the Buckingham Village WWTP Upgrades – General, Contract BT-17-04, to Derstine Company of Souderton, PA in the amount of $430,000.00, noting this is award of the base bid only, and does not include the alternate. The motion carried unanimously.

 

Consideration of awarding the Buckingham Village WWTP Upgrades – Electrical, Contract

BT-17-05, to BSI Electrical Contractors of Montgomeryville, PA in the amount of $372,000.00.

 

Mrs. Rash made a motion, seconded by Mr. Forest to award the Buckingham Village WWTP Upgrades – Electrical, Contract BT-17-05, to BSI Electrical Contractors of Montgomeryville, PA in the amount of $372,000.00. The motion carried unanimously.

 

ESCROW RELEASE

 

Lindquist Settlement Agreement, Reduction requested by Toll Bros., Inc.

Bond Reduction Request #6

$187,888.74 Requested for reduction, leaving a remaining balance of zero

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve Bond Reduction Request #6 for the Lindquist Settlement Agreement, in the amount of $187,888.74. The motion carried unanimously.

 

ADDITIONAL BUSINESS

 

Consideration of authorizing Township Staff to Advertise an Ordinance Establishing Mandatory  Water Connection and Use, and Setting Penalties for Violation Thereof.

 

Mrs. Rash made a motion, seconded by Mr. Forest to authorize Township Staff to Advertise an Ordinance Establishing Mandatory  Water Connection and Use, and Setting Penalties for Violation Thereof.

 

Mr. Smith explained that as a requirement of the Department of Environmental Protection’s contribution to the cost of bringing public water to the Furlong area, that the Township is required to enact a system wide mandatory water connection ordinance requiring all residents within 150’ of a public water line to connect to the line. Mr. Smith said he is requesting authority to advertise such ordinance to be considered by the Board during their next public meeting.

 

The motion carried unanimously.

 

Consideration of approving the Professional Services Reimbursement Agreement between Buckingham Township and Wellesford Lane, LLC regarding Lots 8, 22 and 26 of the Stoneymead Development, Township File SA 98-05.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve the Professional Services Reimbursement Agreement between Buckingham Township and Wellesford Lane, LLC regarding Lots 8, 22 and 26 of the Stoneymead Development, Township File SA 98-05. The motion carried unanimously.

 

Consideration of approving a connection to the Buckingham Township Public Sewer System for the property owned by Janet F. Zimmerman and Dominick L. DeCaprio located at 2397 Durham Road, TMP 6-10-234.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve a connection to the Buckingham Township Public Sewer System for the property owned by Janet F. Zimmerman and Dominick L. DeCaprio located at 2397 Durham Road, TMP 6-10-234. The motion carried unanimously.

 

Consideration of approving the Grant of Easement between Janet F. Zimmerman and Dominick L. DeCaprio and Buckingham Township, on property located at 2397 Durham Road, TMP 6-10-234.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve the Grant of Easement between Janet F. Zimmerman and Dominick L. DeCaprio and Buckingham Township, on property located at 2397 Durham Road, TMP 6-10-234. The motion carried unanimously.

 

Consideration of approving the Conservation Easement Monitoring Proposal for Heritage Conservancy to Perform Monitoring of Conservation Easements on Behalf of Buckingham Township.

 

Mrs. Rash made a motion, seconded by Mr. Forest to approve the Conservation Easement Monitoring Proposal for Heritage Conservancy to Perform Monitoring of Conservation Easements on Behalf of Buckingham Township.

 

Mrs. Rash noted that the Agricultural Preservation and Open Space Committee was very pleased to hear about this proposal. She explained that “township only” held easements will be monitored by this proposal, because the county monitors lands preserved jointly by the county and township.

 

The motion carried unanimously.

 

Consideration of authorizing Township Manager to purchase items for use in the Expanded portion of Holicong Park: 1) Play Set (installed) $29,672.62, and 2) Pavilion Unit $56,827.45.

 

Mrs. Rash made a motion, seconded by Mr. Forest to authorize the Township Manager to purchase items for use in the Expanded portion of Holicong Park: 1) Play Set (installed) $29,672.62, and 2) Pavilion Unit $56,827.45.

 

The motion carried unanimously.

 

Mrs. Rash made a motion, seconded by Mr. Forest to adjourn the meeting at 9:40 p.m.  The motion carried unanimously.

 

Approved by the Board of Supervisors on the 28th day of March, 2018.

                                                                                                          Buckingham Township Board of Supervisors

          

                                                                                                          ______________________________________

                                                                                                         Maggie Rash, Chairman

                                                           

                                                                                                        ______________________________________

                                                                                                        Paul Calderaio, Vice-Chairman

 

                                                                                                        ______________________________________ 

                                                                                                         Jon Forest, Member

 

Attest:

 

_____________________________

Dana S. Cozza, Secretary

 

Minutes respectfully submitted by Lori Wicen.

View Meeting Minutes prior to June 23, 2009