Milford Township Board of Supervisors
Minutes of April 15, 2008 Regular Meeting
Held at the Milford Township Municipal Building
2100 Krammes Road, Spinnerstown, Pa. l8968
Meeting was called to Order by Chairman at 7:01 P.M. And opened with Pledge of Allegiance to the U.S. Flag.
Supervisors Present: Robert B. Mansfield, Chairman; Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.
Attendance: Janya Awckland, Secretary-Treasurer; Terry Clemons, Clemons Richter Walsh & Reiss. Township Solicitor; David Horst, Andersen Engineering, Twp. Eng.; Jeffrey A. Vey, Township Manager. Audience: 16
Charles Strunk made a motion to approve the Minutes of the April 1, 2008 Regular Meeting as circulated. Motion was seconded by Timothy Damiani and passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Having reviewed the invoices and Treasurerıs Report, Charles Strunk made a motion to approve the invoices for payment per two page list dated April 15, 2008 and the Treasurerıs Report for Month Ended March 31, 2008. Motion was seconded by Robert B. Mansfield. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye. See Addendum#1 and Addendum #2.
Announcements
a. Milford Township Zoning Hearing Board None in April
b. April 19th Spring Clean Up call township for your supplies
c. Spring Road Inspection May 3rd at 7 AM
a. Quakertown Area Planning Committee March Minutes & April 8th Agenda
Jeffrey A. Vey: ³In their March review of Pennıs Grant application QAPC recommended that a traffic input study be done.²
b. PennDOT Right Sizing Evaluation-PA 663 & Allentown Road Bridges dated April 7, 2008.
Jeffrey A. Vey went over PennDOT projects in Upper Bucks. Letter did not explain how these would be effected by new Right Sizing Evaluation by PennDOT.
Reports-Park Board
Jeffrey A. Vey: ³Park Board noted gate to Unami Creek Park at Allentown Road needed repair and Fred Retter had removed branches along the trail. DEP was approached about the Barrel Run Trail which is to connect to trail at Emerald Hollow.
Robert B. Mansfield: ³The purchase was approved and finalized with the Wonsidler family. It is an additional 90 acres with pristine woodlands and land along the Unami.²
Jeffrey A. Vey pointed out the acreage on a map of Township Open Space showing the area around the confluence of the Butter Creek and the Unami.
Jeffrey A. Vey: ³There was a discussion of the disc golf course lead by Fred Retter. First nine holes are designed to the left of the Molasses Creek.²
Charles Strunk: ³Has the design for the lights in Molasses Creek Park been resolved?²
Jeffrey A. Vey: ³They are picking out the light standards and discussing userıs paying.²
Charles Strunk: ³Have they considered having a sensor that would turn the lights off?²
Robert B. Mansfield: ³Boro Police say let the user pay. It cuts down on where people hand out.
Motion to approve Phase I Design & Cost Estimate-lighting basketball court-Molasses Creek.
Robert B. Mansfield made a motion to authorize the Park Board to prepare a design cost estimate for lights for basketball court at Molasses Creek Park and bring the estimate back to the Board of Supervisors. Motion was seconded by Timothy Damiani. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye
NPDES permit for Top Soil storage
Jeffrey A. Vey: ³The plan for the NPDES application for the top soil stock piles is being revised. A bog turtle and wetland delineations is being required.²
David Horst: ³We got a quantity deal and included a wetland delineation for the Hillcrest Road Bridge in with the wetland delineation for the top soil. To determine if a bridge replacement is exempt from a permit, you have to have wetlands delineated. If no wetlands, can just go to Bucks County Conservation District. If there are wetlands, you have to get a general permit. ³
Charles Strunk made a motion to authorize a wetland delineation and bog turtle study for the top soil pile area at 2100 Krammes Road and a wetland delineation study for the Hillcrest Road Bridge Replacement. Motion was seconded by Timothy Damiani. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye
Jeffrey A. Vey went over discussions with PJM about extent of repairs to Old Plains Road.
Robert B. Mansfield; ³Will this accomplish what we want?²
David Horst: ³Dave Winkler and I delineated the problems last summer.²
Jeffrey A. Vey: ³We have done four trips with PJM representatives to the site. We want an edge to edge, full base repair. The new driveway is slightly raised in elevation and the road has to build up at the driveway entrance.²
Robert B. Mansfield: ³Does the Township have to contribute more than the $50,000 (received by Township as a contribution toward road improvements from PJM when their land development plan was recorded)?²
Jeffrey A. Vey: ³No.²
David Horst: ³The repairs will probably cost over $100,000.²
Motion to Authorize signing of agreement for Old Plains Road repair with PJM
Robert B. Mansfield made a motion to authorize the Township Manager to sign the agreement with PJM for repair of Old Plains Road out of meeting as long as it meets with the Township Solicitors approval. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
Emergency Access Drive at 3000 AM Drive TMP23-2-147
Discussion on installation of a barrier gate to prevent truck traffic on emergency access drive.
Jeffrey A. Vey: ³Fire Co. can open the gate with Knox Box lock and the set up has the approval of the Fire Marshall. No action is needed by the Board.
New roof for Salt Shed portion of the Public Work Building
Discussion on replacing roof with a metal roof over shingles.
Board will view roof and cost estimate on May road inspection.
7:15 p.m. Hearing on Bond Issue-Ordinance, Bond Purchase Agreement, Municipal Bond Insurance.
David A. Franklin, Pepper Hamilton LLP, Bond Counsel for Township and Warren O. White, First American Municipals, Inc.
David Franklin went over the bond ordinance process.
Robert B. Mansfield: ³The ordinance says six million. The referendum was for five million and we do not intend to borrow more than five million.
David Franklin explained the need to have the PA Department of Community & Economic Development (DCED) approve the bond issue and issue a borrowing base certificate and that due to the bond market and interest rates differences affecting the amount of principal, it made it necessary to write the ordinance for six million. They have no intention of going beyond the five million.
Warren O. White explained purchase contract.
Terry Clemons: ³The parameters are for a set amount not to exceed. Warren White will place the bond at the optimum time for the lowest interest rate.²
David A. Franklin explained it takes 20 days to get a borrowing base certificate from DCED.
Terry Clemons: ³Will there be a single investor or multiple buyers?²
Warren O. White: ³Multiple buyers.² Mr. White explained selling the bonds.
Terry Clemons went over the four documents the Township Chairman and Secretary-Treasurer needed to sign.
Warren O. White explained bond insurance and bond rating.
Robert Flack, 2265 Mill Hill Road asked who would buy the bonds.
Warren O. White: ³Typically a bank trust department, mutual funds, insurance company. A minimum investment is $5,000.
Motion to adopt Ordinance 152 to authorize and direct the incurring of electoral and non-electoral debt through the issuance of one or more series of General Obligation Bonds.
Robert B. Mansfield made a motion to adopt Ordinance 152 To Authorize and direct the incurring of Electoral and Non-Electoral Debt through the issuance of one or more series of General Obligation Bonds of Milford Township in the aggregate principal amount of six million dollars for the purpose of providing funds to finance the purchasing of open space and the to authorize the appropriate persons to sign the documents. Motion was seconded by Timothy Damiani. Motion passed. Robert B. Mansfield, aye; Timothy Damiani, aye; Charles Strunk, aye.
7:50 pm Chairman called recess to sign paperwork for bond issue.
7:58 pm. Chairman called meeting back to order.
Terry Clemons re opened Conditional Use Hearing for DMMW, Inc./Barnett Food Group aka Coyotes as ordered by Federal Judge.
Representative in audience-Glenn McGogney, attorney and unidentified man. Proceedings were recorded by court reporter.
Secretary-Treasurer left meeting to sign paper work for bond issue and then returned to meeting while Conditional Use Hearing was in process.
Terry Clemons will rework conditional use stipulations based on Board of Supervisors recommendations, circulate them and present them to the Board of Supervisors at the April 29th work session for signing.
Greg Hobson, 2255 Mill Hill Road commented on security cameraıs for safety and individualıs privacy/protection from identity theft when copying driverıs licenses at facility-
8:30 p.m. Conditional Use Hearing ended and court reporter left meeting.
Johnston-2 lot subdivision Mill Road
Rodd White stated he had talked to MTWA and MTASA for public water and sewer and had an adequate letter from the Bucks County Conservation District dated February 25, 2008.
David Horst: ³The only issue is installing road widening, curbs and sidewalks or a fee in lieu of which would be $12,000.²
Robert B. Mansfield made a motion to approve Resolution 2008-20 to APPROVE subject to the conditions set forth herein Final Plans of Subdivision for premises owned by Curtis M. Johnston, Sr. and Kathleen Johnson (the ³Owners²) situated on Mill Road in Milford Township, identified as Bucks County Tax Map Parcel No. 23-22-124-5 (the ³Property²). Final Plans of Subdivision for the Property consisting of four (4) sheets, prepared by Horizon Engineering Associates, dated February 8, 2008, bearing a last revision date of April 19, 2008, propose subdivision of the Property to create two (2) lots. Proposed Lot 1 is vacant and proposed Lot 2 has an existing dwelling located thereon (the ³Plans²). The Plans were approved subject to the following conditions:
1. Prior to the recording of the Record Final Plan, Owners shall address all outstanding engineering issues identified in the April 14, 2008, letter of Andersen Engineering Associates, Inc., Township Engineer, to the satisfaction of the Board of Supervisors.
2. The Board of Supervisors approved waivers from the following requirements of the SALDO Sections 505, 516 and 519 requiring road widening, curbs and sidewalks.
3. Prior to the Recording of the Record Plans, Owners shall execute a Deed of Dedication, in a form prepared by the Township Solicitor, dedicating to Milford Township an area along Mill Road frontage of the Property within the ultimate right-of-way, which is in addition to the area dedicated via Deed of Dedication recorded in Bucks County at Book 1106 in Page 1268. At the time of the recording of the Record Plans, said conveyance shall be made free and clear of all mortgages, liens or other encumbrances such that title is marketable and insurable by a reputable title insurance company at ordinary rates. Additionally, at the time the Deed is recorded, Owners shall provide satisfactory evidence that the said property continues to be free and clear of mortgages, liens and encumbrances. The Deed shall be recorded prior to or simultaneously with the recording of the Record Plans.
4. Prior to the recording of the Record Plans, Owners shall execute a temporary construction/grading easement to Milford Township, in a form prepared by the Township Solicitor, for the area of the Property, described in metes and bounds, to be affected by the improvements of Mill Road. The temporary construction/grading easement shall be recorded simultaneously with the recording of the Record Plan.
5. Prior to the recording of the record Plans, the Owners shall execute a Declaration of Covenants, Conditions, Easements and Restrictions, in a form prepared by the Township Solicitor, providing for such terms and conditions as are deemed appropriate by the Board of Supervisors including provisions for the operation, maintenance and repair of the stormwater drainage facilities on the Lots.
The Declaration shall also contain such other terms and provisions as are deemed necessary by the Board of Supervisors to give effect to the Declaration including provisions to permit the Township, after due notice to owner, the right to enter onto the Property to fulfill the ownerıs obligations if the same are not met by the owner and that the Township shall have a municipal lien on the Property in the event costs are incurred by the Township for the performance of the obligations as provided in the Declaration of the owner of the Property and the same remains unpaid after notice to the owner to pay same. The Declaration shall be recorded simultaneously with the recording of the Record Plan.
6. Prior to the recording of the Record Plans and in lieu of performing widening, curbs and sidewalks along Mill Road frontage of the Property, Owners shall pay to Milford Township, the sum of twelve thousand ($12,000.00) dollars which sum shall be deposited into the Townshipıs Highway Capital Improvement Fund and will be used for capital improvements on roads in the Township.
7. Prior to the issuance of a building permit for Lot 1 and in lieu of providing recreational improvements in the subdivision, Owners shall contribute to Milford Township the sum of one thousand and five hundred ($1,500.00) dollars.
8. Prior to the issuance of a building permit for Lot 1 and in lieu of performing a traffic impact study for the subdivision, Owners shall contribute to Milford Township the sum of one thousand eight hundred and fifty ($1,850.00) dollars, which sum shall be deposited into the Townshipıs Highway Capital Improvement Fund and will be used for capital improvements on roads in the Township.
9. The existing dwelling on Lot 2 and the new residence on Lot 1 in this subdivision shall be served by public water and public sewer.
10. Prior to the Recording of the Record Plans, satisfactory evidence must be provided to Milford Township that:
a. Owners have entered into an agreement with the Milford/Trumbauersville Area Sewer Authority providing for the necessary connection of public sewer to the Lots of the subdivision and payment of the necessary connection fees of public sewer to each of the Lots;
b. Owners have entered into an agreement with the Milford Township Water Authority providing for the extension of water service to the subdivision and payment of the necessary connection fees to each of the Lots;
c All monuments shown on the Plans are consistent with Township policy and that all monuments have been installed or adequate financial security has been posted to assure their installation. Monuments delineating private lots from open space, for all easements and for the intersection of each lot line and the public roads shall be made of concrete.
11. Prior to the recording of the Record Plans, all costs incurred by the Township in the review of this application, including engineering, legal and administrative costs shall be paid in full to the Township.
12. At the time record Plans are submitted, you will submit two (2) mylar and seven (7) paper copies of the Record Plans, all fully executed by the appropriate entities in BLACK INK. The Ownerıs Block and Notary Acknowledgement shall show the correct owner(s) of record and that the Notary Public signs and seals (both stamp and embossed) on all mylars and paper copies of the Plans. All signature blocks shall appear in the same location on each page requiring signature. In addition, you will provide the information contained on the Plans in digital format. The Township Engineer shall review the complete set of Plans and stamp them as construction sets, certifying that they have met the conditions for approval.
Failure to appeal the conditions imposed by the Board of Supervisors as stated herein within thirty (30) days of the date of this Resolution shall constitute acceptance of the conditions. Non-acceptance and/or non-compliance with the conditions set forth in this approval shall void the Final Subdivision Plan approval, and any waivers or modification approved by the Board of Supervisors as stated here in are, in that event, denied and the Plan is denied for non-compliance with the provisions of the Subdivision and Land Development Ordinance as recited herein and in the Township Engineerıs review letter of April 14, 2008. Motion was seconded by Charles Strunk. Motion passed. Robert B. Mansfield, aye, Charles Strunk, aye, Timothy Damiani, aye.
Township Managers Report Continued
Jeffrey A. Vey: The Fuel Bid has gone in with the Bucks County Consortium and we are awaiting the results.²
Further Public Comments:
Robert Flack, 2265 Mill Hill Road asked about the meeting agenda on the web page. Agenda was not posted until after the weekend.
Adjournment. Robert B. Mansfield made a motion to adjourn at 8:35 P.M. Meeting Adjourned.
Respectfully Submitted: Janya Awckland, Secretary