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UPPER PROVIDENCE TOWNSHIP
DELAWARE COUNTY
BUSINESS and COMMITTEES MEETING
February 28, 2008
7:30 PM

The Upper Providence Township Council held their monthly Committees Meeting on February 28, 2008 at 7:30 PM in the Upper Providence Township Building. Mr. Bierling led the Pledge of Allegiance.

Public Forum:

Kyle Larson, 192 Dam View, informed Council that she was just finding out about the proposed plan and that she was opposed the plan.

Cathy DelVacchio, 1520 N. Ridley Creek Road, told Council that she was opposed to the plan and asked if Council had the authority to use eminent domain as a toll to implement the plan.

Scott Rushton, 113 Water Mill Lane, informed Council that he represented the 9 residents who live on Water Mill Lane and that they were opposed to the trail plan. He submitted a petition against the plan to Council.

Karen Allen, 511 S. Feathering Road, spoke against the proposed plan. She read a prepared statement that was submitted to Council. She indicated that she was concerned about the lack of notice to the residents and the safety and environmental problems associated with installing a trail behind her home. She was also concerned that the Township has already submitted the plan to the Department of Conservation and Natural Resources.

Anita McGinn-Natali, 2220 E. Deerfield Drive, voiced her opposition to the plan. She also asked why Aqua Pa was not contacted regarding a proposed trail along the reservoir.

Barbara M. Weyler, 321 Foxdale Road, informed Council that she was opposed to the plan. She added that the proposed trail location near her home already attracts individuals who use the area for illegal drinking.

Jim Semple, 402 S. Feathering Road, spoke in opposition of the plan. He also informed Council that he has reviewed the feasibility study and questioned the construction, maintenance liability and acquisition costs.

Peg Archdeacon, Sycamore Court, offered to Council that she was trying to find a win-win situation. She reviewed the Comprehensive Plan concepts as they related to the proposed trail plan. She also polled Council members individually on how they would vote on the plan.

David E. Panichi, 150 Kingston, was opposed to the plan and asked why Council did not disclose the project. He was concerned on the audacity of Council foe not supplying notice on the plan. He also stated that he was disappointed in the public officials.

Anthony Piraino, 172 Dam View Drive, told Council he was opposed to the plan and suggested that the process was not representative of State Government. He asked State Representative Bryan Lentz, who was in attendance, to hold all State money for the plan. Mr. Piraino also offered to be on a steering committee for the plan.

Councilman Cashman informed the 81-member audience that he was only half way through the registered public forum speakers. Mr. Cashman asked that when he called an individuals name if he or she would indicate their position on the plan if a previous speaker had already addressed their comments.

John Hallinan, 107 Water Mill Lane, indicated he was opposed to the plan.

Kim Panichi, 150 Kingston Road, was against the plan. She also informed Council that their body language was turning everybody off.

Tom Della Franco, 145 Kingston Road, was against the plan and asked if Council has given consideration to the riff-raff who will visit the trails.

Steve Moppert, 130 Springton lake Road, was opposed to the plan and was concerned about the lack of notice.

Ann Cappista, 521 S. Feathering Road, was against the plan and asked Council who initiated the plan. She also stated that Council did not care about her feelings.

Councilman Reid interjected during the public forum and suggested that Council pull the plan and vote on it at the March meeting. Council was receptive to the idea.

Ed Artis, Ridley Creek Road, was opposed to the plan and concerned about the public mailings.

Unidentified female speaker asked Council who thought of the plan.

Councilman Visek responded that the plan concept was proposed during the open space acquisition discussions and Comprehensive Plan revisions as a way to link all the open space in the Township.

Ellen Semple, 402 S. Feathering Road was opposed to the plan and stated that there should be women on Council.

Joe Serchio, S Ridley Creek Road, was opposed to the plan.

Township Council asked the Township Solicitor, Robert Pappano to explain why Council could not take any action on the plan this evening. Mr. Pappano explained that the matter was not advertised for a vote at the scheduled Committees Meeting. Mr. Cashman

indicated that he believed from Council’s comments that they will vote on the plan at the March 13, 2008 Council Meeting.

Lynne Kramer, 381 Foxdale Road, was against the plan and suggested that the Township and County has been good to bicyclists. If they want more they should go to Europe. A petition from the Foxdale residents was submitted to Council.

Kurt Swanson, 4 Strawberry Lane, indicated that he was a member of the trail committee and attempted to address the scope of the plan as well as the Comprehensive Plan for the community.

Vince Mancini, 173 Dam View, was against the plan. He also informed Council that he is an attorney and represented individuals opposed to the rail to trail in Radnor Township. He added that trails through residential properties are a disaster. He also concurred with the Township Solicitor’s explanation of why Council could not vote on the plan.

At 9:30 Chairman Cashman indicated that public forum had lasted 2 hours and that he would place into the record the names and position of those residents who signed up for public forum and did not speak. They are as follows:

Joe Capista, 521 S. Feathering Road-Opposed
Dan Knipel, 411 S. Feathering Road-Opposed
Kathy McGovern, 341 Foxdale Road – Opposed
Jim Wallace, 441 S. Feathering Road – Opposed
Marion Salamon, 50 Allyssa Dr - Opposed
Sue Knipel, 411 S. Feathering Road - Opposed
Chris Friend, 43 Langstoon Lane – Opposed, Not a Township Resident
Mary Cichanowsky, 20 Allyssa Dr – Opposed
Roger Conley, 522 S. Feathering Road – Opposed
Maureen Schaurman, 321 N. Feathering Road, Opposed
Frank Maros, 51 N. Feathering Road, Opposed
Jim Zurbach, 491 S. Featehring Road – No position given on sign up sheet
Christine Sowa, 70 Kingston Road – In favor of Trail
Chris Sowa, 70 Kingston Road – In Favor of Trail
Salvatore Grace, 4 Camby Chase – Opposed
Tony Antonello, 40 Allyssa Dr – Opposed
Pierina Antonello, 40 Allyssa Dr – Opposed

At 9:30PM Council took a short recess and reconvened the meeting at 9:45PM
Roll Call:

Present were Edward Cashman, Chairman, Edward Bierling, Vice Chairman, William Clinton, Fredric Reid and Steven Visek. Also present were Robert Pappano, Township Solicitor and Anthony T. Hamaday, Township Manager.

Business Meeting

Adjournment
Councilman Bierling made a motion, seconded by Mr. Visek to adjourn the Business meeting at 9:45PM. The motion was unanimously approved.
 

Committee Meeting

Administrative Committee

Township Building Improvements
Mr. Hamaday informed Council that he is still reviewing possible options with regard to the proposed Township Building improvements. The Township had budgeted $250,000 for second floor office space and hired Linn Architects to perform a feasibility study. The study created office and storage space that should be sufficient for future growth however; the projected cost was in the $400,000 range. Mr. Hamaday is looking at phasing options as well a debt refinancing in order to reduce current budget costs that may allow Council to proceed with some of the project this year.
Community Development Committee

Planning Commission and Zoning Hearing Board Meeting Agendas
Mr. Hamaday reviewed the February Planning Commission and Zoning Hearing Board meeting agendas. He indicated that the Planning Commission did not meet due to no cases and the Zoning Hearing board heard petitions but rendered no decisions on the applications.

Escrow Release No. 1 – Kenmore Woods Subdivision
Mr. Hamaday informed Council that the developer has requested the first escrow release for construction improvements at the subdivision and the request would be on Council’s March agenda for action.

Trail Plan Review and Adoption Update
Council briefly discussed the public forum comments and how to proceed on the trail plan. Mr. Visek indicated that he wanted the Springton Reservoir trail out of the plan and any other controversial trail. Council also discussed removing any trail that required the use of private property. They also indicated that they would not use condemnation as a tool resulting from past comments on the Township’s acquisition of open space. Councilman Visek asked Mr. Hamaday if it was possible to remove trails and still receive the DCNR grant for the feasibility study. Mr. Hamaday indicated he would check. Councilman Reid reiterated that he wanted the matter voted on at the March Meeting. Councilman Clinton suggested that Council re-engage the residents who where opposed but not reject the proposed feasibility study.

Rose Tree Tavern Renovation Project
Mr. Hamaday informed Council that the Township is still waiting to hear from Delaware County on the status of the proposed Tavern renovations and new carriage house. He indicated that County Council was still meeting with residents who where opposed to the proposed construction. Mr. Clinton suggested that it was important to keep the residents updated on the project status.

Central Delaware County Authority Membership
Mr. Hamaday reported to Council that Nether Providence Township has yet to approve a revised membership agreement to permit Upper Providence, Newtown and Edgmont into the Authority. Mr. Hamaday suggested that Nether Providence Township officials have requested agreement language clarification and the Authority may issue a side letter to satisfy their concerns. The Township is also awaiting approval from DEP of our Act 537 Plan revision for membership and new sewer service areas. Councilman Clinton asked about the Township Sewer Authority’s proposed sewer districts and metering program. Councilman Cashman informed Council that he, Councilman Bierling and Messrs. Pappano and Hamaday met with representatives of the Sewer Authority to discuss their position on future sewer projects associated with CDCA membership and how new users will be billed. He added that he was impressed with the member’s knowledge and dedication

Creighton Tract Subdivision, Ridley Creek Road
Mr. Hamaday informed Council that no activity has taken place on the proposed subdivision. He believed that all lawsuits opposing the subdivision plan have been dismissed. He will contact the owner to obtain the status of the project.

Public Right-of Way Permit Request – NextG Networks
Mr. Hamaday informed Council that he has received a request from Next G Networks for a permit to install antennas and modems on PECO and Phone Company poles in the Township as part of their wireless data network. He indicated that Mr. Pappano was reviewing the application before any permits would be issued.

Fiscal Committee

Pension Advisory Committee
Mr. Visek indicated that the committee would be scheduling a 1st quarter meeting sometime in March

Public Safety Committee
Parking Restrictions – Shadeland and Woodland Avenues
Mr. Hamaday informed Council that the proposed ordinances including Woodland and Shadeland Avenues on the residential parking permit program and prohibiting parking on the north side of Shadeland Avenue would be on Council’s March meeting agenda for action.

Neighborhood Meeting Update – Yarmouth, Cape Cod and Wellfleet Traffic Restrictions
Mr. Cashman informed Council that he conducted a neighborhood meeting with residents of Wellfleet, Cap Cod and Yarmouth lane to discuss cut through traffic. He added that the meeting was extremely productive and the Township will increase police monitoring of the roads and install additional signage. He also added that the Township would look at crating a three-way stop intersection at Wellfleet, Yarmouth and Cape Cod.

Part Time Police Offer Vacancy
Mr. Hamaday indicated that the Township now has only 1 part time police officer due to promotion and resignation. He requested Council allow the advertising for additional part time officers. Mr. Visek suggested that the practice of having the sergeants interview the candidates should continue. Council had no objections.

Public Safety Meetings

Mr. Hamaday provided Council with a memorandum outlining the possibility of conducting monthly public safety meetings. Council briefly discussed the possibility and would continue discussions.
Public Works Committee

2008 Road Program
Mr. Hamaday asked Council to complete their review Mr. Pysher’s road survey and determine what roads will be included in this year’s road program.

NPDES Program Update
Mr. Hamaday provided an update on the Township’s MS4 Storm water Program. He outlined the Township’s public outreach to service stations, pool owners and residents regarding storm water discharge. He also added that the Township would complete outfall testing of all Township sewers by June 2008. On a final note, Mr. also informed Council that the staff would continue to review all development plans using best management storm water management practices.

Peg Archdeacon and 2 other residents remaining in the audience asked Council to address comments they overheard coming from Council’s executive session prior to the Business meeting. The residents believed the inappropriate comments overheard were directed at those residents opposing the trail plan. Councilman Bierling, Clinton and Visek addressed the issue and suggested that the comments were taken out of context and that a portion of the discussion overhead was with regard to a personnel issue not the trail plan.


The Committees Meeting was adjourned at 11:10 PM.

Respectively Submitted,

______________
Anthony T. Hamaday
Township Secretary


______________________
Edward James W. Cashman
Council Chairman

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