COMMUNITY ANNOUNCEMENT a. Reminder – During this portion of the agenda residents and Youth Organizations may call in to make a special announcement or contact the township at admin@lmt.org to request a special announcement be added to the agenda. b. Lower Makefield Township will be holding a Styrofoam and Recycling Event on Saturday, April 22, 2023 from 10:00 a.m. to noon outside of the Township building, 1100 Edgewood Road Yardley, PA 19067. We are collecting clean, white Styrofoam, natural and synthetic corks, clean pill bottles with tops, and household batteries. c. The Historical Commission is planning a Community Clean Up Day at Slate Hill Cemetery on May 6th at 9 AM. Slate Hill is located at 2308 Yardley Morrisville Rd. The clean-up is focused on branches and leaves and it’s part of the eventual plan to clean grave markers. d. Yardley-Lower Makefield VFW Post 6393 and American Legion Knowles-Doyle Post 317 will be leading their annual Memorial Day Observance ceremony and Parade on Monday, May 29, 2023. The morning Observance begins at 9:00am at the Delaware Avenue monument, and the Main Street parade begins at 11:00am. As usual the parade will muster on Maplevale Drive and proceed down Main Street to its conclusion at the American Legion Post.
Zoning Hearing Board (Part 1 of 2)
ZONING HEARING BOARD d. APPEAL # 23-1999 Cellco Partnership, d/b/a Verizon Wireless for the property located at 375 Stony Hill Road Yardley PA 19067, tax parcel # 20-034-008. Applicant is requesting a Variance from Township Zoning Ordinance 200-28 to allow for a proposed telecommunications facility within the R-3M zoning district. The facility will consist of a monopole antenna support structure, designed to resemble a pine tree, 150 feet in height and the attachment of up to 12 panel antennas (4 per sector) at the top of the monopine to be located within a 50’ by 50’ fenced compound. A lightning rod and artificial branches to conceal the structure shall extend to an overall height of 155 feet. In the alternative, if ultimately deemed required, a validity variance pursuant to Section 916.1 of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10916.1 (1968, as amended), based upon the Communications Act of 1934 as amended by the Telecommunications Act of 1996 which provides that, "No state or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of an entity to provide any interstate or intrastate telecommunications service." 47 U.S.C. §253(a). If relief in the affirmative is not granted by the ZHB to allow the Facility, the Code will have the effect of prohibiting personal wireless services facilities by materially inhibiting the ability of Verizon Wireless to provide state-of-the-art wireless service to its users. In addition, to the extent that variance relief from the Code as stated herein is needed to establish personal wireless services facilities throughout the Township, such regulations result in (i) effective prohibition of personal wireless services in the Township; and (ii) unreasonable barriers to entry of personal wireless services in the Township. Consequently, the Code violates the federal Telecommunications Act. The available federal remedy allows site specific relief, which would authorize the Applicant to proceed with development of the Facility. In the alternative, a validity variance pursuant to Section 916.1 of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10916.1 (1968, as amended), based upon the Communications Act of 1934 as amended by the Telecommunications Act of 1996, which provides that a municipality shall not render decisions which prohibit, or have the effect of prohibiting, the provision of personal wireless services. 47 U.S.C. §332(c)(7)(B)(II). If relief in the affirmative is not granted by the ZHB to allow for the Facility, the decision will have the effect of prohibiting personal wireless services facilities by materially inhibiting the ability of Verizon Wireless to provide state-of-the-art wireless service to its users in violation of the federal Telecommunications Act. The available federal remedy allows site specific relief, which would authorize the Applicant to proceed with development of the Facility. If the decision of the ZHB is based on grant of a validity variance, then Verizon Wireless further requests grant of a variance as to any applicable area and bulk requirements which may be construed to pertain to the proposed Facility. Verizon Wireless also applies for such other interpretations, waivers and/or variances as may ultimately be required.
FINANCIALS – James McCartney a. Treasurer’s Reports – February & March 2023 b. Consider approval of February & March Interfund Transfers. c. Consider approval of Warrant lists from March 20th, April 3rd, & April 17th
ENGINEER’S REPORT a. Consider award for the 2023 Road Program to Earle Asphalt Co., in the amount of $1,137,813.13 for the base bid and Add Alternate #4 in the amount of $26,400. b. Consider Change Order #1 for the Woodside Road Bike Path to Richard E. Pierson Construction, Inc. in the amount of $7,668.00. c. Consider Change Order #2 for the Woodside Road Bike Path to Richard E. Pierson Construction, Inc. in the amount of $5,390.00. d. Consider Pay Application #2 for the Woodside Road Bike Path to Richard E. Pierson Construction, Inc. in the amount of $78,162.84. e. Consider Change Order #3 for the Maplevale Drainage Project to Bencardino Contractors, Inc. in the amount of $9,785.00. f. Consider Change Order #4 for the Maplevale Drainage Project to Bencardino Contractors, Inc. as a credit to the Township in the amount of ($683.90). g. Consider Pay Application #2 for the Maplevale Drainage Project to Bencardino Contractors, Inc. in the amount of $73,420.29.
PARKS AND RECREATION a. Consider approval of the 2023 Pool Chemical Bid to Buckman’s as bid through the Bucks-Montgomery County Aquatic Consortium. b. Consider acceptance of the proposal from Patriot Water Works for leak detection services for the lap pool in the amount of $5,500. c. Consider approval of the purchase of relay devices for the pool and summer camp in the amount of $4,777.20 and enter into an associated annual service agreement for $5,220. d. Consider RVE’s proposal for services relating to the Veterans Square Project.
PUBLIC WORKS a. Consider Pay Application No. 1 for Police Department Renovations to S. J. Thomas in the amount of $213,262.78. b. Consider approval of the 2023 Bucks County Consortium Road Materials Bid. c. Consider approval of the purchase of a 2022 Bwise 7,000 lb. tandem axle 18’ utility trailer from Best Line Equipment for a total cost of $6,127.20. d. Consider approval of the purchase of a 2022 Marathon DF 100 Tar Kettle with Agitation from Asphalt Care for a total cost of $14,999.00. e. Consider authorizing the sale of various surplus items via Municbid. f. South Drive Culvert Replacement Project • Consider RVE’s proposal for bidding and construction management/inspection services. • Authorize acceptance of the proposal from Contech in the amount of $79,880 to furnish and assemble the culvert. • Authorization to bid demolition of the existing culvert, site preparation, backfill, and site restoration.
MANAGER’S REPORT a. Consider RVE’S Environmental Assessment Proposal for the Patterson Farm property.
SOLICITOR’S REPORT a. Consider Approval of Resolution #23-8 for revised Pump and Haul Agreement for the Prickett Preserve Land Development Project. b. Consider Approval of the Ordinance to Vacate Old Oxford Valley Road. c. Consider Approval of Resolution #23-9 Amending Resolution nos. 323 and 326 regarding the composition of the Township’s Historical Commission.
Zoning Hearing Board (Part 2 of 2)
ZONING HEARING BOARD a. APPEAL # 23-1997 Andrew & Jackie Kush/Terra Flora Design Associates for the property located at 3 Alton Rd Yardley, PA 19067, tax parcel #’s 20-040-002-001; 20-038-074. Applicant is requesting a Variance from Township Zoning Ordinance 200-23.B in order to install an in-ground concrete pool, concrete pool decking and patio which would increase the impervious surface from the existing 22.9% to 23.94% where 18% is the allowable amount. b. APPEAL # 23-2-2002 Vilius Zavistauskas for the property located at 208A Morris Lane Washington Crossing, PA 18977, tax parcel # 20-028-030. Applicant is requesting a Variance from Township Zoning Ordinance 200-14 in order to construct a 414 square-foot addition which would increase the impervious surface from the existing 17.2% to 19.6% where 13% is the allowable amount. c. APPEAL # 23-3-2003 Thomas Philpott for the property located at 8 Oakdale Blvd Yardley, PA 19067, tax parcel # 20-042-099. Applicant is requesting a Variance from Township Zoning Ordinance 200-69.A(14)(a) in order to construct a shed 2-feet from the property line.
COMMUNITY DEVELOPMENT a. Consider Approval of a Preliminary/Final Major Subdivision for 1273 Lindenhurst Road ( Plan #688).
SUPERVISORS REPORTS a. Fredric K. Weiss - Historical Architectural Review Board; Parks and Recreation Board; Planning Commission; Veterans Committee. b. Suzanne S. Blundi – Ad Hoc Property Committee; Agricultural Security Board; Board of Auditors; Board of Appeals; Emergency Management. c. John B. Lewis – Disability Advisory Board; Electric Reliability Committee; Farmland Preservation; Historical Commission. d. James McCartney - Electronic Media Advisory Council; Golf Committee; Special Events; Zoning Hearing Board. e. Daniel R. Grenier - Citizens Traffic Commission; Environmental Advisory Council; Seniors Group; Trenton-Mercer Citizens Airport Review Board.
Appointments/Reappointments to Board and Commissions
APPOINTMENTS/REAPPOINTMENTS TO BOARDS AND COMMISSIONS
COMMUNITY ANNOUNCEMENT a. Reminder – During this portion of the agenda residents and Youth Organizations may call in to make a special announcement or contact the township at admin@lmt.org to request a special announcement be added to the agenda. b. Lower Makefield Township will be holding a Styrofoam and Recycling Event on Saturday, April 22, 2023 from 10:00 a.m. to noon outside of the Township building, 1100 Edgewood Road Yardley, PA 19067. We are collecting clean, white Styrofoam, natural and synthetic corks, clean pill bottles with tops, and household batteries. c. The Historical Commission is planning a Community Clean Up Day at Slate Hill Cemetery on May 6th at 9 AM. Slate Hill is located at 2308 Yardley Morrisville Rd. The clean-up is focused on branches and leaves and it’s part of the eventual plan to clean grave markers. d. Yardley-Lower Makefield VFW Post 6393 and American Legion Knowles-Doyle Post 317 will be leading their annual Memorial Day Observance ceremony and Parade on Monday, May 29, 2023. The morning Observance begins at 9:00am at the Delaware Avenue monument, and the Main Street parade begins at 11:00am. As usual the parade will muster on Maplevale Drive and proceed down Main Street to its conclusion at the American Legion Post.
Zoning Hearing Board (Part 1 of 2)
ZONING HEARING BOARD d. APPEAL # 23-1999 Cellco Partnership, d/b/a Verizon Wireless for the property located at 375 Stony Hill Road Yardley PA 19067, tax parcel # 20-034-008. Applicant is requesting a Variance from Township Zoning Ordinance 200-28 to allow for a proposed telecommunications facility within the R-3M zoning district. The facility will consist of a monopole antenna support structure, designed to resemble a pine tree, 150 feet in height and the attachment of up to 12 panel antennas (4 per sector) at the top of the monopine to be located within a 50’ by 50’ fenced compound. A lightning rod and artificial branches to conceal the structure shall extend to an overall height of 155 feet. In the alternative, if ultimately deemed required, a validity variance pursuant to Section 916.1 of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10916.1 (1968, as amended), based upon the Communications Act of 1934 as amended by the Telecommunications Act of 1996 which provides that, "No state or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of an entity to provide any interstate or intrastate telecommunications service." 47 U.S.C. §253(a). If relief in the affirmative is not granted by the ZHB to allow the Facility, the Code will have the effect of prohibiting personal wireless services facilities by materially inhibiting the ability of Verizon Wireless to provide state-of-the-art wireless service to its users. In addition, to the extent that variance relief from the Code as stated herein is needed to establish personal wireless services facilities throughout the Township, such regulations result in (i) effective prohibition of personal wireless services in the Township; and (ii) unreasonable barriers to entry of personal wireless services in the Township. Consequently, the Code violates the federal Telecommunications Act. The available federal remedy allows site specific relief, which would authorize the Applicant to proceed with development of the Facility. In the alternative, a validity variance pursuant to Section 916.1 of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10916.1 (1968, as amended), based upon the Communications Act of 1934 as amended by the Telecommunications Act of 1996, which provides that a municipality shall not render decisions which prohibit, or have the effect of prohibiting, the provision of personal wireless services. 47 U.S.C. §332(c)(7)(B)(II). If relief in the affirmative is not granted by the ZHB to allow for the Facility, the decision will have the effect of prohibiting personal wireless services facilities by materially inhibiting the ability of Verizon Wireless to provide state-of-the-art wireless service to its users in violation of the federal Telecommunications Act. The available federal remedy allows site specific relief, which would authorize the Applicant to proceed with development of the Facility. If the decision of the ZHB is based on grant of a validity variance, then Verizon Wireless further requests grant of a variance as to any applicable area and bulk requirements which may be construed to pertain to the proposed Facility. Verizon Wireless also applies for such other interpretations, waivers and/or variances as may ultimately be required.
FINANCIALS – James McCartney a. Treasurer’s Reports – February & March 2023 b. Consider approval of February & March Interfund Transfers. c. Consider approval of Warrant lists from March 20th, April 3rd, & April 17th
ENGINEER’S REPORT a. Consider award for the 2023 Road Program to Earle Asphalt Co., in the amount of $1,137,813.13 for the base bid and Add Alternate #4 in the amount of $26,400. b. Consider Change Order #1 for the Woodside Road Bike Path to Richard E. Pierson Construction, Inc. in the amount of $7,668.00. c. Consider Change Order #2 for the Woodside Road Bike Path to Richard E. Pierson Construction, Inc. in the amount of $5,390.00. d. Consider Pay Application #2 for the Woodside Road Bike Path to Richard E. Pierson Construction, Inc. in the amount of $78,162.84. e. Consider Change Order #3 for the Maplevale Drainage Project to Bencardino Contractors, Inc. in the amount of $9,785.00. f. Consider Change Order #4 for the Maplevale Drainage Project to Bencardino Contractors, Inc. as a credit to the Township in the amount of ($683.90). g. Consider Pay Application #2 for the Maplevale Drainage Project to Bencardino Contractors, Inc. in the amount of $73,420.29.
PARKS AND RECREATION a. Consider approval of the 2023 Pool Chemical Bid to Buckman’s as bid through the Bucks-Montgomery County Aquatic Consortium. b. Consider acceptance of the proposal from Patriot Water Works for leak detection services for the lap pool in the amount of $5,500. c. Consider approval of the purchase of relay devices for the pool and summer camp in the amount of $4,777.20 and enter into an associated annual service agreement for $5,220. d. Consider RVE’s proposal for services relating to the Veterans Square Project.
PUBLIC WORKS a. Consider Pay Application No. 1 for Police Department Renovations to S. J. Thomas in the amount of $213,262.78. b. Consider approval of the 2023 Bucks County Consortium Road Materials Bid. c. Consider approval of the purchase of a 2022 Bwise 7,000 lb. tandem axle 18’ utility trailer from Best Line Equipment for a total cost of $6,127.20. d. Consider approval of the purchase of a 2022 Marathon DF 100 Tar Kettle with Agitation from Asphalt Care for a total cost of $14,999.00. e. Consider authorizing the sale of various surplus items via Municbid. f. South Drive Culvert Replacement Project • Consider RVE’s proposal for bidding and construction management/inspection services. • Authorize acceptance of the proposal from Contech in the amount of $79,880 to furnish and assemble the culvert. • Authorization to bid demolition of the existing culvert, site preparation, backfill, and site restoration.
MANAGER’S REPORT a. Consider RVE’S Environmental Assessment Proposal for the Patterson Farm property.
SOLICITOR’S REPORT a. Consider Approval of Resolution #23-8 for revised Pump and Haul Agreement for the Prickett Preserve Land Development Project. b. Consider Approval of the Ordinance to Vacate Old Oxford Valley Road. c. Consider Approval of Resolution #23-9 Amending Resolution nos. 323 and 326 regarding the composition of the Township’s Historical Commission.
Zoning Hearing Board (Part 2 of 2)
ZONING HEARING BOARD a. APPEAL # 23-1997 Andrew & Jackie Kush/Terra Flora Design Associates for the property located at 3 Alton Rd Yardley, PA 19067, tax parcel #’s 20-040-002-001; 20-038-074. Applicant is requesting a Variance from Township Zoning Ordinance 200-23.B in order to install an in-ground concrete pool, concrete pool decking and patio which would increase the impervious surface from the existing 22.9% to 23.94% where 18% is the allowable amount. b. APPEAL # 23-2-2002 Vilius Zavistauskas for the property located at 208A Morris Lane Washington Crossing, PA 18977, tax parcel # 20-028-030. Applicant is requesting a Variance from Township Zoning Ordinance 200-14 in order to construct a 414 square-foot addition which would increase the impervious surface from the existing 17.2% to 19.6% where 13% is the allowable amount. c. APPEAL # 23-3-2003 Thomas Philpott for the property located at 8 Oakdale Blvd Yardley, PA 19067, tax parcel # 20-042-099. Applicant is requesting a Variance from Township Zoning Ordinance 200-69.A(14)(a) in order to construct a shed 2-feet from the property line.
COMMUNITY DEVELOPMENT a. Consider Approval of a Preliminary/Final Major Subdivision for 1273 Lindenhurst Road ( Plan #688).
SUPERVISORS REPORTS a. Fredric K. Weiss - Historical Architectural Review Board; Parks and Recreation Board; Planning Commission; Veterans Committee. b. Suzanne S. Blundi – Ad Hoc Property Committee; Agricultural Security Board; Board of Auditors; Board of Appeals; Emergency Management. c. John B. Lewis – Disability Advisory Board; Electric Reliability Committee; Farmland Preservation; Historical Commission. d. James McCartney - Electronic Media Advisory Council; Golf Committee; Special Events; Zoning Hearing Board. e. Daniel R. Grenier - Citizens Traffic Commission; Environmental Advisory Council; Seniors Group; Trenton-Mercer Citizens Airport Review Board.
Appointments/Reappointments to Board and Commissions
APPOINTMENTS/REAPPOINTMENTS TO BOARDS AND COMMISSIONS