LMT Board of Supervisors Meeting Tonight at 7:30pm

• There is an LMT Board of Supervisors meeting tonight at 7:30pm.  Below are the details on how to call in.
• Also below is the meeting agenda

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LOWER MAKEFIELD TOWNSHIP

BOARD OF SUPERVISORS

JULY 15, 2020

7:30 pm

To view the meeting in real time you can watch on the Cable Channels:

Verizon channel 20

Comcast channel 22

You can also view the meeting in the following formats but there will be a slight delay.

Facebook: https://www.facebook.com/LowerMakefieldTownship/

YouTube: https://www.youtube.com/channel/UCOq0e9VmBEZppWBFJbI9uAA

Website: www.lmt.org

Public Comment will be available by phone when the chair calls for public comment. You can dial in by following these easy steps.

1.) Dial 646-558-8656

2.) Enter meeting ID 874 3286 9631# when prompted

3.) Click # when prompted to enter participant ID

4.) You are now in the meeting, please wait to speak with moderator.

I. CALL TO ORDER – Fredric K Weiss, Chair

 

II. PLEDGE OF ALLEGIANCE

 

 III. ROLL CALL

 

PUBLIC COMMENT ON AGENDA ITEMS WILL BE TAKEN AS EACH ITEM IS DISCUSSED

 IV. COVID 19 UPDATE

 

V. COMMUNITY ANNOUNCEMENT a. Drive up movies will be available at Memorial Park - July 17th Grease and July 18th School of Rock. To purchase tickets please visit www.maegav.com

b. Camp in a bag is available now! Bags are geared toward youth ages 6-12. You will receive a weeks’ worth of activities for the low price of $25. Order by Wednesday to secure your bag for the following week. There is a limited number of bags. Orders are taken first come first serve. To order email Veronicag@lmt.org.

c. Parks and Recreation Digital Recreation Opportunities – Information can be found at https://www.lmt.org/government/departments/parks-recreation/

d. Coming Soon: Pop-up experiences for children in the park nature talks, magic shows, science demos and more. Watch social media for more details.

e. Reminder - this is Park and Recreation Month. Get out and spend some time in the parks.

f. 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

VI. CONSIDER APPROVAL OF MINUTES OF JUNE 17, 2020, JUNE 25, 2020 AND JULY 1, 2020

VII. TREASURER’S REPORT – Suzanne S. Blundi a. Consider approval of Warrant list from July 6, 2020

b. Consider approval of June Interfund Transfers

 

 

VIII. POROUS PAVE DONATION TO REPLACE THE RED TIPPLE PATH AT THE GARDEN OF REFLECTION – Monica Tierney and Ellen Saracini

 

IX. LOWER MAKEFIELD TOWNSHIP COMMUNITY TRAIL CONNECTION FINAL PROJECT DESIGN PRESENTATION BY TPD a. Oxford Valley Road and Edgewood Road Shared Use Path funded by the Pennsylvania Transportation Alternatives Set-Aside Program

 

 

X. SEWER ANALYSIS PRESENTATION – Fred Ebert, Ebert Engineering

 

XI. ENGINEER’S REPORT a. Discussion of Traffic Detour Plan for Dobry Road Reconstruction

b. Consider Pay Application No. 1 for the 2020 Liquid Fuels Road Program Project

 

 

XII. PROJECT UPDATES a. Township Properties – Initial inventory complete. Estimated costs under review

b. Sandy Run Road – RFP for design awarded

c. Memorial Park Project

d. Multi-Use Trail- Two resolutions for traffic signal applications signature approved by BOS

e. Woodside Bike Path – No current report

f. Big Oak/Makefield Road Turn Lane- Specifications being developed-memo provided to the Board in packet

g. Route 332/Mirror Lake Signal Interconnection – Waiting for final approval from PennDOT, then to be turned over to Safe Engineering

 

 

XIII. MANAGER’S REPORT a. Financial update and year end overview

 

 

XIV. SOLICITOR’S REPORT a. Motion to extend sewer bids for a period of 30 days as outlined in the Request for Bid (RFB)

b. Consider and approve renewal of Township Manager’s employment agreement

 

 

XV. ZONING HEARING BOARD a. Kimberly Bartra and Aldo Bartra are requesting variance for property located at 1439 Buford Drive in order to permit construction of in-ground pool resulting in greater than permitted impervious surface

b. Charles Travis Keys is requesting variance for property located at 495 Keating Drive in order to construct screen porch addition resulting in greater than permitted impervious surface

 

XVI. ZONING, INSPECTIONS AND PLANNING a. Consideration to set the public hearing date for the proposed Mixed-Use Overlay District Zoning Ordinance Amendment

 

 

XVII. PUBLIC COMMENT

Red Friday

Will you give this to my Daddy?

 As a Company, Southwest Airlines is going to support 'Red Fridays'.
 
 Last week I was in Atlanta , Georgia attending a conference. While I was in the airport returning home, I heard several people behind me beginning to clap and cheer. I immediately turned around and witnessed one of the greatest acts of patriotism I have ever seen. 
 

 Moving through the terminal was a group of soldiers in their camos. As they began heading to their gate, everyone (well almost everyone) was abruptly to their feet with their hands waving and cheering. 
 

 When I saw the soldiers, probably 30-40 of them, being applauded and cheered for, it hit me. I'm not alone. I'm not the only red-blooded American who still loves this country and supports our troops and their families.

Of course, I immediately stopped and began clapping for these young unsung heroes who are putting their lives on the line everyday for us so we can go to school, work and home without fear or reprisal. 
 
 Just when I thought I could not be more proud of my country or of our service men and women, a young girl, not more than 6 or 7 years old, ran up to one of the male soldiers. He kneeled down and said 'hi.' 
 
The little girl then asked him if he would give something to her daddy for her. 
 
 The young soldier, who didn't look any older than maybe 22 himself, said he would try and what did she want to give to her Daddy. Then suddenly the little girl grabbed the neck of this soldier, gave him the biggest hug she could muster and then kissed him on the cheek. 
 
The mother of the little girl, who said her daughter's name was Courtney, told the young soldier that her husband was a Marine and had been in Iraq for 11 months now. As the mom was explaining how much her daughter Courtney missed her father, the young soldier began to tear up. 
 
 When this temporarily single mom was done explaining her situation, all of the soldiers huddled together for a brief second. Then one of the other servicemen pulled out a military-looking walkie-talkie. They started playing with the device and talking back and forth on it.. 
 
 After about 10-15 seconds of this, the young soldier walked back over to Courtney, bent down and said this to her, 'I spoke to your daddy and he told me to give this to you...' He then hugged this little girl that he had just met and gave her a kiss on the cheek. He finished by saying 'your daddy told me to tell you that he loves you more than anything and he is coming home very soon.'
 
The mom at this point was crying almost uncontrollably and as the young soldier stood to his feet, he saluted Courtney and her mom. I was standing no more than 6 feet away from this entire event. 
 
 As the soldiers began to leave, heading towards their gate, people resumed their applause. As I stood there applauding and looked around, there were very few dry eyes, including my own. That young soldier in one last act of selflessness, turned around and blew a kiss to Courtney with a tear rolling down his cheek. 
 
We need to remember everyday all of our soldiers and their families and thank God for them and their sacrifices. At the end of the day, it's good to be an American.
 
RED FRIDAYS ----- Very soon, you will see a great many people wearing Red every Friday. The reason? Americans who support our troops used to be called the 'silent majority'. We are no longer silent, and are voicing our love for God, country and home in record breaking numbers. 
 
We are not organized, boisterous or over-bearing. We get no liberal media coverage on TV, to reflect our message or our opinions. Many American, like you, me and all our friends, simply want to recognize that the vast majority of Americans supports our troops. 
 
Our idea of showing solidarity and support for our troops with dignity and respect starts this Friday -and continues each and every Friday until the troops all come home, sending a deafening message that.. Every red-blooded American who supports our men and women afar will wear something red. 
 
By word of mouth, press, TV -- let's make the United States on every Friday a sea of red much like a homecoming football game in the bleachers.
 
If every one of us who loves this country will share this with acquaintances, co-workers, friends, and family. It will not be long before the USA is covered in RED and it will let our troops know the once 'silent' majority is on their side more than ever; certainly more than the media lets on. 
 
The first thing a soldier says when asked 'What can we do to make things better for you?' is...We need your support and your prayers.
 
Let's get the word out and lead with class and dignity, by example; and wear something red every Friday. 
 
IF YOU AGREE -- THEN SEND THIS ON.
 
IF YOU COULDN'T CARE LESS THEN HIT THE DELETE BUTTON --- IT IS YOUR CHOICE. I don't know if you've seen this, but I couldn't delete it.. 
 
 WE LIVE IN THE LAND OF THE FREE, ONLY BECAUSE OF THE BRAVE. THEIR BLOOD RUNS RED---- SO WEAR RED! --- MAY GOD HELP AMERICA TO BECOME ONE NATION, UNDER GOD.

I am wearing "red on Fridays"! says Club member, Janet Smith.

"Dr. David N Tornberg is from Atlanta, GA and a summer resident of Cape May, NJ.  Dr. Tornberg served in the cabinet of President George W. Bush.  He was a company mate of my husband, Jim Tolbert at the Naval Academy.  Jim introduced me to him at their classes' 50th anniversary."

Bucks County for TRUMP Signs

The Lower Makefield-Yardley GOP is selling these custom-made signs as a fundraiser (attached).  All of the net proceeds will go toward this fall's Get Out the Vote (GOTV) efforts.  Our recent GOTV programs have been very effective, so your money will support our proven system.

The leader of our 2020 GOTV effort is our LMT-South 4 committeeman, Sean Radomski, who has set up a PAC for political donations.  The treasurer of the PAC is LMT-North-5 committeeman, Dave Sabogal.

Friends and committee members can purchase Bucks County for Trump signs for $20 at the following link: https://seanradomski.revv.co/donate-today .  

The price will increase later to $40.  We will provide contactless delivery for each sign. 

Please reach out to David Sabogal with any questions (dmsabogal@gmail.com).

Trump Rally Tomorrow at 1PM

Any chance we could get a few patriots to drive around the Garden of Reflection with our Trump flags and stuff?  Maybe around 1PM tomorrow?

We can meet up there and then caravan around through Yardley, Morrisville and Newtown, or something.  Maybe even to Doylestown.

Two Additional Articles on LMT Sewer Sale

Bucks County Courier Times , July 1,  2020.

Facing suit, Lower Makefield to table sewer sale

Anthony DiMattia 

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The lawsuit filed in Bucks County Court of Common Pleas against is seeking to delay the sale by at least 90 days to ensure Lower Makefield supervisors “work with interested neighboring municipalities, consider all possible options in public and allow for public review of all such options.”

Lower Makefield officials likely will table a vote on the sale of the township’s sewer system after a civil lawsuit was filed in Bucks County court seeking to delay the auction.

The lawsuit filed in Bucks County Court of Common Pleas against supervisor Chair Fredric Weiss and township Manager Kurt Ferguson is seeking to delay the sale by at least 90 days to ensure township supervisors “work with interested neighboring municipalities, consider all possible options in public and allow for public review of all such options.”

Supervisors are scheduled to vote Wednesday on bids by PA American Water and Aqua America Pennsylvania ranging between $35 million to $56 million for the system that serves 11,800 customers.

However, Weiss said supervisors likely won’t vote on the issue Wednesday and that he will handover responsibilities as chair to Vice President Daniel Grenier for the duration of the meeting due to the pending litigation. Grenier has said he will recuse himself from the vote because of his work as an engineer in the water and sewer field.

“Until we get that cleared up, the prudent thing to do would be to delay,” Weiss said.

Recently, Weiss’ residency has come into question after public records revealed he and his wife purchased a home in Florida after selling their township home in January.

When reached by phone Wednesday, Weiss confirmed that he purchased a second home in Florida but that his main residence is a homehouse that he is renting in the township.

He said he has no plans to leave Lower Makefield because he has a disabled child in Morrisville and others in Levittown, but bought the home in Florida so he can visit another child in that state.

“I don’t want my residency status to influence the discuss, so until that’s cleared up — which I know it will be soon ... I will still participate in the meeting but I will not be chair,” he said. ”... I vote in Pennsylvania, I pay taxes in Lower Makefield, so by all possible standards I reside in Pennsylvania.”

Weiss said the matter is being investigated by police.

When reached Wednesday, Lower Makefield police Chief Ken Coluzzi said the department is investigating property records and a report will be made public soon.

In the suit filed Tuesday, resident Jeffery Hall-Gale argues supervisors broke the state’s Sunshine Act and infringed residents’ First Amendment rights by hosting virtual meetings on the sale late into weekday nights while keeping neighboring municipalities out of the discussion. A Republican, Hall-Gale ran unsuccessfully for a seat on the Democrat-controlled board in 2019.

At issue is a June 17 virtual meeting, where bid information on the sale was released but public participation was sparse due to the length of the hearing.

″... Holding public comment at midnight on a worknight in the midst of a pandemic causes grave First Amendment concerns as only approximately 3 people called into public comment in a Township of approximately 32,761,” the lawsuit read. “This is an item of great concern to citizens of Lower Makefield as this meeting involved the public discussion of sewer sale bids.”

The suit also claims supervisors broke sunshine laws by voting in an executive session in April to exclude a concession lease option for the system.

In the suit, Hall-Gale argues supervisors need to take more time to review a large report from the township’s sewer engineer that was released last week while consulting with neighboring municipalities.

The sale could affect some surrounding towns that send sewage to the Morrisville Municipal Authority, which serves about 40,000 residents including all of Yardley and Morrisville, 70% of Lower Makefield and parts of Falls.

Each will be obligated to make payments to fund the MMA’s plan to replace its aging treatment plant in Morrisville with a new facility about three miles down the Delaware River in the Keystone Industrial Port Complex in Falls.

In response to the potential sale, Yardley council voted unanimously during a special meeting Tuesday to formally request Lower Makefield supervisors table Wednesday’s vote.

“Such a transaction would almost certainly be the largest in Lower Makefield’s history and would undoubtedly have a profound impact upon ratepayers in Yardley Borough,” according to a request sent to supervisors. “Such a decision should not be made until all long-term options have been thoroughly vetted and explored.”

Yardley officials said they want to discuss a long-term plan with Lower Makefield, Morrisville and Falls officials “that best serves all ratepayers,” including the possibility of forming a joint authority. Council members said Tuesday they were led to believe talks with township officials would begin once bids were received.

“We have always believed that although Lower Makefield and Yardley Borough are two separate municipalities, we are one community,” the request read. “In this spirit, we hope to work with you as partners and continue our relationship as friendly neighbors.”

Earlier this week, Weiss said that surrounding municipalities and the MMA never offered to form a joint authority with the township in the last two years while it examined selling the system.

Meeting minutes show the formation of an authority was last discussed during a June 27, 2017, MMA meeting.

Along with a 2015 agreement between the municipalities and the MMA, Lower Makefield and Yardley signed a sewer transportation agreement in 2015 that allows the township to send about 60% of its waste through the borough before it reaches the treatment plant in Morrisville.

Bria said Wednesday that about two-thirds of the daily sewage flow through Yardley comes from the northern portion of Lower Makefield.

However, nothing in the agreement would prevent the township from selling its system as the new buyer would take responsibly to adhere to the agreement, Yardley Borough Sewer Authority officials said during Tuesday’s meeting.

Along with the American Water and Aqua offers, the township received two bids from Bucks County Water and Sewer Authority ranging from $1 to $35 million. However, only votes on the American Water and Aqua bids are listed on Wednesday’s agenda.

The eight separate bids from the two utilities and authority include a multitude of options for the township, including rate freezes and handing over financial obligations it owns to the MMA, according to Scott Shearer, PFM adviser.

Along with the price of the bids, the township has to weigh which offers will be the most beneficial for residents since each comes with varying rate increases, officials said.

If it approves the sale, Lower Makefield could use proceeds to wipe out a $50 million required payment to the MMA for the plant fixes.

Along with the obligation to the MMA, Lower Makefield is motivated to sell the system because of $17.8 million with interest in debt owned from the township-owned golf course as well as a recent Moody’s bond-rating decline due to its “financially strained utilities”

The township also can only increase the current general fund millage rate of 13.88 by .12 mills before needing approval from the Bucks County Court of Common Pleas, officials have said.

BUCKS DIGITAL MEDIA LLC

Weiss: I am a Lower Makefield Resident, despite what “altered” Documents say

• July 1, 2020
• jeff
• 0 Comments

Alleged notarized copies of documents said to originate from Lower Makefield Board Chairman Fred Weiss were posted to Facebook Tuesday night questioning his commonwealth residency. 

Source: Screen Capture Facebook

The post claims the documents show Weiss is no longer  a resident of the township -since January of this year- and is “defrauding” Lower Makefield residents out of tax dollars due to an application for a Homestead exemption.

Weiss said he thinks the documents posted were altered to make it look like he and his wife Cynthia  applied for the tax break. 

“We can’t apply for that exemption because we are Pennsylvania residents” Weiss said “You have to prove state residency to apply for Homestead with documents such as your state identification.” 

The timing of the revelations he said seems to be a coordinated effort to halt a vote on the sale of the municipalities sewer system.

The posting came just hours before Yardley Borough Council met in a special meeting to discuss Lower Makefields plans to vote on selling the municipalities sewer system. Yardley is asking Lower Makefield to at least delay the vote scheduled for tonight.

A temporary vote delay, at least until next months meeting looks to be happening.

There will  be  no sewer talk at the  board meeting and/ or until this residency issue thing is cleared up,  said Weiss

.” I don’t want to take away from the business of the board.”

At no time did I ever consider becoming a Florida resident, he said, I  have a disabled family member living in the area  and a son who lives in Levittown. Yes my wife has family in Florida and we often travel back and forth now that I am retired, Weiss reiterated. 

Weiss said Tuesday night the  township is investigating the residency allegations  said in no uncertain  he expects the investigation to clear him. 

Weiss said for tonight’s nights board meeting he is “stepping aside temporarily” and vice chair Dan Grenier would lead the meeting.

Asked whether he intended to complete his term as a supervisor Weiss said absolutely. 

“This is a free country and we can have more than one home. The gaul some people who want to get their own way”

Attempts to reach vice- chair Dan Grenier for this story were unsuccessful Wednesday morning. 

In related matter Board of Supervisors will meet virtually this evening at 7:30. There have been no changes to the agenda since it has been posted.

To view the meeting in real time you can watch on the Cable Channels: Verizon channel 20 Comcast channel 22 You can also view the meeting in the following formats but there will be a slight delay.

Facebook: https://www.facebook.com/LowerMakefieldTownship/
YouTube: https://www.youtube.com/channel/UCOq0e9VmBEZppWBFJbI9uAA
Website: www.lmt.org

Public Comment will be available by phone when the chair calls for public comment. You can dial in by following these easy steps.

1.) Dial 646-558-8656
2.) Enter meeting ID 831 7237 4140# when prompted
3.) Click # when prompted to enter participant ID
4.) You are now in the meeting, please wait to speak with moderator.

Yardley, Lower Makefield At Odds Over Sewer Sale

LMT supervisors could vote Wednesday night to sell the township's sewer system. Others, including Yardley, want the vote postponed.

By Doug Gross, Patch Staff

Jul 1, 2020 10:34 am ET

LOWER MAKEFIELD TOWNSHIP, PA — Yardley Borough is trying to stop a vote by supervisors in Lower Makefield on selling the township's sewer system.

Meanwhile, an attorney who lives in Lower Makefield has gone to court to try to delay the vote. The emergency petition, in the Bucks County Court of Common Pleas, asks that the vote by Lower Makefield's board of supervisors, scheduled for Wednesday eveninga, be postponed 90 days.

Under an agreement signed in 2015, Yardley residents use Lower Makefield's sewer system. Morrisville and Falls Township residents also are served by the system.

Facing a budget crunch, LMT supervisors are considering selling the system to a private owner for as much as $56 million. The issue was first discussed publicly at a June 17 supervisors meeting held online due to coronavirus concerns and notice of Wednesday's planned vote wasn't made until June 25, at a special meeting.

Tuesday night, Yardley Borough Council voted unanimously to request Lower Makefield delay its vote.

"Yardley and Lower Makefield are two municipalities, but one community," said Yardley Borough Council President David Bria. "It is my hope our we can continue our relationship as partners and friendly neighbors as we navigate this complex challenge."

He said the decision would impact rate payers in Yardley, Morrisville and Falls Township, as well as in Lower Makefield. Bria said it's worth considering something like a joint authority to run the sewer system and that privatizing likely will lead to higher rates for users.

"I understand Lower Makefield's desire to sell their sewer system as a way to remedy short-term cash flow challenges, but the truth is that residents almost always pay more in the long run when public utilities are privatized," Bria said. "Whether you call it a tax or call it a sewer bill doesn't matter—at the end of the day, residents shouldn't pay more than they have to for necessary services."

A Lower Makefield official was not able to be immediately reached for comment on Wednesday morning.

The court petition, filed by Lower Makefield attorney Jeffrey F. Hall-Gale, argues that discussion between the impacted municipalities was hampered by coronavirus restrictions which, among other things, have caused government meetings to be held remotely and online instead of in person.

The LMT supervisors meeting on June 17 did not allow public comment until about midnight, Hall-Gale says in the petition. The petition also claims supervisors considered options for the sewer system in at least one closed session, in violation of Pennsylvania open-meetings laws.

It says documents with information about the proposed sale were not released to supervisors and citizens until shortly before the planned vote.

The Lower Makefield Township Board of Supervisors meeting is scheduled for 7:30 p.m. on Wednesday.

It can be viewed on Verizon (Channel 20) and Comcast (Channel 22) was well as on the township's Facebook, YouTube channel and website. Public comment will be available by phone when the chairman calls for public comment.

Residents may dial in at 646-558-8656 and enter meeting ID 831 7237 4140# when prompted.