Upper Providence Township

UPPER PROVIDENCE TOWNSHIP DELAWARE COUNTY BUSINESS MEETING February 14, 2008
The Upper Providence Township Council held their monthly Business Meeting on February 14, 2008 at 7:30 PM. Mr. Bierling led the Pledge of Allegiance. Executive Session was held prior to meeting to discuss litigation.
Public Forum
Kathy and James Zurbach, 491 S. Feathering Road, voiced their opposition to the proposed trail plan that would run through the rear of her property. She stated concerns with stream erosion, maintenance of the trail, environmental issues, and the fact that it would be constructed in a known floodplain where she was told she would never be able to build. Added concerns are those of privacy and safety. A large poster size photo of the proposed trail plan on S. Feathering was presented showing the area completely submerged. Mr. Zurbach said it would be an environmental nightmare to construct such a trail in this area. Dan Knipel, 411 S. Feathering Road, stated that he opposed the proposed trail plan that would be constructed at the rear of his property. His concerns are those of privacy, protection of the area, sanitation, and environmental issues. He stated that his pool would be 15`-20` from the proposed path. He feels that Council has a responsibility to vote no to Stage 4 of the proposed trail plan. Sue Knipel, 411 S. Feathering Road, she stated that she loves her home. She said that the front of her property (the road) is presently used for parking for the many people who are using Ridley Creek State Park and implied that that is enough. She doesn’t feel that a trail path in the rear of her home is needed. She added that constructing a path of any kind at the rear of her property would not be financially feasible. Jim Semple, 402 S. Feathering Road, requested that all documents regarding the trail plan be updated and posted on the Township website for the public to view and a 90 day period for public comment be allowed. He questioned the development of the plan. He asked if engineering reviewed the plan, and indicated that the cost estimates for the plan understate the true costs in the industry. He proposed that Council delete all of Phase 4 and any other Phases of the plan that adversely effect the environment. One area noted was Phase 1 N. Feathering Rd., through a forested area. He voiced concern that the 3 to 1 slopes on that plan will cause erosion and increase storm water issues. Ellen Semple, 402 S. Feathering Road, asked what the next steps are following the November 29th meeting. She added that the information from that meeting was not posted on the website. She questioned why the trail plan was submitted to the State without their voices. She asked that Phase 4 be removed from the proposed trail plan. She asked that the neighbors be part of the process and would like to be notified of any upcoming meetings. Brad Moore, 2300 N. Ridley Creek Rd., addressed the neighbors in the audience stating that he fought about drainage issues with the Township and didn’t get a favorable response. He asked if the trail plan was a want or a need idea. He also questioned the cost of the project and the need for such a project with State Park offering trails. Karen Allen, 511 S. Feathering Road, voiced her opposition to the proposed trail plan. She has concerns about the layout of the path, pollution, negative impact on the wildlife, and erosion. She stated that the post card sent by the Township was inadequate to inform the residents, especially those neighbors who would be directly impacted by such a trail. She asked if the Township would be purchasing their property, who will protect the trail plan, would additional police protection be needed, who covers the liability, and how much of the cost would be covered by grants? She said that she doesn’t want a tax increase due to the implementation of a trail plan. She added that a path is not needed. She presented Council with a petition from the neighbors on Allysa Drive, Camby Chase, and S. Feathering who are opposed to the trail plan. Jim Wallace, 441 S. Feathering Road, thanked Council for donating their time. He stated he would like to echo his neighbors concerns regarding the trail plan. He asked why if the Township has $6 million dollars do they still have septic systems and not public sewers. He urged Council to use the money wisely. John Newsome, 501 S. Feathering Road, stated that he did not receive the post card announcing the trail plan public meeting. He voiced concern about the fact that according to the map much of the property in the rear of his property appears to be in Middletown Township. He stated that the area floods, it is environmentally sensitive, and this plan would negatively impact property values. He requested that the trail be removed from the plan. He added that he has a video of the area proposed for the trail. Don Tillman, 431 S. Feathering Road, stated that the trail would potentially encourage people from all over to use the plan and he doesn’t want it in his yard. He added, give them public sewers. Answers to Public Forum Mr. Cashman responded to the neighbors stating that there are many critical issues that need to be addressed from his district. He added that this is only a proposal and has not been voted on or going ahead at this point. He stated that one of the principles of the concept plan is that no owner would be required to take it on. Mr. Cashman stated that if neighbors don’t want it, it wouldn’t happen. Marion Salamon, 50 Allysa Drive, asked who suggested the plan, how and why this plan was considered. Mr. Clinton discussed the history of the trail plan and thanked the residents for coming out. The purpose of the proposed plan is to connect Upper Providence with itself and to the communities around us. He added that DCNR supports the program and is currently reviewing it and after their review Council will consider it and move forward with it. He said that Council is considering what kind of committee to form for the trail plan. He also stated that sewers are the most pressing issue facing Council, as is traffic. Mr. Visek added that the trail plan is a concept and could be decades away from implementation. He added that the Township is trying to join CDCA in an effort to move forward with sewers for the Township. It was also stated that residents often come forward to the Township with problems, an example being drainage issues, and it is on their private property which makes it a private problem rather than a Township issue. Mr. Hamaday stated that the entire plan will be posted on the Township website and it will be updated as changes occur. He suggested that residents call him directly if they have any questions or concerns. He added that a copy would also be sent to the library. Mr. Semple, 402 S. Feathering, requested that since 90% of the neighbors oppose the trail plan could it please be removed from the plan. He requested that the line indicating the proposed plan be completely removed. Mr. Cashman stated, “I will ask that it be removed from the plan.” Mr. Bierling said that he would support Mr. Cashman and the neighbors to have it removed. Kathy McGovern, 341 Foxdale Road, stated that none of her neighbors are aware of this trail plan. She stated that she would get a petition from her neighbors opposing the trail plan. She asked that it not be saved even as a conceptual plan. Mr. Cashman thanked everyone for their input and stated that if the 5th districts residents don’t want it he won’t support it. Mr. Cashman called for a recess at 8:40 PM Mr. Cashman reconvened the meeting at 8:50 PM

Roll Call
Mr. Cashman, Chair, Mr. Bierling, Vice Chair, Mr. Clinton, Mr. Visek, (left at 9:00 P.M.) Mr. Reid, Mr. Robert Pappano, Township Solicitor, Mr. Anthony T. Hamaday, Township Manager, and Irene Schultz, Administrative Assistant, Walt Omlor, Constable

Awards, Presentations and Announcements
Mr. Cashman thanked all the residents who serve on the various boards, commissions and committees on behalf of the township for the their time and dedication. Linda Hill, Parks and Recreation, not present John Peters, Environmental Commission, not present Mr. Visek thanked Mr. Solomon for his service to Upper Providence Township. He stated that he served 8 years on the Planning Commission. He added that Mr. Solomon also served on the Comprehensive Plan Update Committee. Mr. Visek recognized Mr. Solomon for his dedication to the Township. He said the Township is a better community and better home for all Upper Providence residents thanks to his efforts and it will be for decades to come. Joseph Solomon was presented with an award for his time served on the Planning Commission. Mr. Solomon thanked Council for the support of the Planning Commission during his terms. He stated that he would stay involved with the Township as long as he is here. Fredric Reid was presented with an award for his service on the Parks and Recreation Board where he served as Chair. Mr. Cashman recognized Doug Williamson, former Councilman for the 2nd District for his time served on Council. Council thanked Mr. Williamson for his contributions, support while serving on Council. Mr. Cashman presented a jacket to Mr. Williamson as a token of appreciation. Mr. Williamson wished Mr. Reid the best as the newly elected 2nd district councilman. He stated that it was his pleasure to serve on Council and he added a special thanks to his family. Resolution No. 2008-9 – Police Department Promotions in Rank – D. Nolan, W. Haines, M. Langdale Mr. Bierling made a motion, seconded by Mr. Clinton, to adopt Resolution No. 2008-9 approving the following Police Department rank promotions: Officer David Nolan – Acting Corporal to Corporal Officer William Haines – Acting Sergeant to Sergeant Officer Michael Langdale – Acting Sergeant to Sergeant Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes Motion Carried 4-0 Resolution No. 2008-10 Police Department Acting Corporal Promotion, Officer Baker Mr. Bierling made a motion, seconded by Mr. Clinton, to adopt Resolution No. 2008-10 approving the temporary promotion of Officer Larry Baker to Acting Corporal. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes Motion Carried 4-0 Chief Montella reviewed the January Police Department report. He stated that Officers Reynolds and Dougherty a
Approval of the Minutes
Approval of the January 7, 2008 Reorganization Meeting Minutes Mr. Clinton made a motion, seconded by Mr. Bierling, to approve the January 7, 2008 Reorganization meeting minutes. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes Motion Carried 4-0 Approval of the January 7, 2008 Regular Council Meeting Minutes Mr. Clinton made a motion, seconded by Mr. Bierling, to approve the January 7, 2008 Regular Council Meeting Minutes. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes Motion Carried 4-0 Approval of the January 24, 2008 Committees Meeting Minutes Mr. Clinton made a motion, seconded by Mr. Bierling, to approve the minutes of the January 24, 2008 Committees Meeting. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes Motion Carried 4-0
Municipal Boards, Authorities, Commissions & Committees

Zoning, Subdivision and Land Development
none

Unfinished Business
none

New Business
Voucher List for January 2008 Mr. Clinton made a motion, seconded by Mr. Bierling, to approve the January 2008 voucher list in the amount of $360,891.92. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes Motion Carried 4-0 MS4 Update Passed – no action Resolution No. 2008-11 County Aid Mr. Bierling made a motion, seconded by Mr. Clinton, to adopt Resolution No. 2008-11 authorizing the proper Township officials to prepare and submit a 2008 County Aid application. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes Motion Carried 4-0 2008 Road Program Mr. Bierling made a motion, seconded by Mr. Clinton, to authorize the Township Engineer to prepare and advertise the bid for the 2008 Road Program. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes Motion Carried 4-0 Ordinance Announcements Mr. Hamaday announced the following proposed ordinances: - An ordinance amending the Zoning Code to provide requirements for the expiration of a variance or special exception granted by the Zoning Hearing Board - An ordinance amending the Planning and Zoning Code to provide subdivision land development applications requiring zoning relief be first submitted to the Planning Commission prior to submission to the Zoning Hearing Board or Council - An ordinance amending the Flood Plain Overlay District to modify permitted uses within a flood plain area, adding a use table and regulating access to residential and non-residential structures EMS Tax Refunds Mr. Clinton made a motion, seconded by Mr. Bierling, to approve the submitted EMS/Local Services Tax refunds as recommended by the Township Manager. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes 4-0 Motion Carried Contract for Animal Control Service – Delaware County SPCA Mr. Bierling made a motion, seconded by Mr. Clinton, to authorize the proper Township officials to enter into a contract with the Delaware County SPCA for Animal Control services for the year 2008. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes 4-0 Motion Carried Final Payment – 2007 Road Program, A. F. Damon Mr. Bierling made a motion, seconded by Mr. Clinton, to approve the final payment in the amount of $22,822.67 to A. F. Damon, Inc., for completion of the 2007 road program contract as recommended by the Township Engineer. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes 4-0 Motion Carried Escrow Release – CLM Builders, 300 State Road Mr. Clinton made a motion, seconded by Mr. Bierling, to approve the escrow release No. 1 in the amount of $17,991.00 to CLM Builders for construction improvements at 300 State Road as recommended by the Township Engineer. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes 4-0 Motion Carried Authorization to award contract – District Court Sidewalk and Curbing Mr. Clinton made a motion, seconded by Mr. Bierling, to award the District Court sidewalk and curbing project to Trainor Landscape in the amount of $8650 as recommended by the Township Engineer and Manager. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes 4-0 Motion Carried Authorization to Purchase Public Works Equipment – Road Repair Kettle Mr. Bierling made a motion, seconded by Mr. Clinton, to authorize the proper Township officials to purchase a new road repair kettle through solicited bid or State piggyback contract. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes 4-0 Motion Carried Appointment of Special Counsel Mr. Bierling made a motion, seconded by Mr. Clinton, to appoint Michael Puppio as Special Counsel for 2008 at an hourly rate of $135. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes 4-0 Motion Carried Ordinance No. 431 – Shadeland Parking Restrictions Mr. Clinton made a motion, seconded by Mr. Bierling, to initially approve a proposed ordinance prohibiting parking on the north side of Shadeland Avenue and direct the proper Township officials to advertise said ordinance for consideration at the March 13, 2008 Council meeting. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes 4-0 Motion Carried Ordinance No. 432 – Residential Permit Parking Program Mr. Clinton made a motion, seconded by Mr. Bierling, to initially approve a proposed ordinance amending the Residential Permit Parking Program to modify the effective times of the program and add Shadeland and Woodland Avenues to the program area and to further direct the proper Township officials to advertise said ordinance for consideration at the March 13, 2008 Council meeting. Mr. Bierling yes Mr. Clinton yes Mr. Reid yes Mr. Cashman yes 4-0 Motion Carried

Administrative Reports
Mr. Hamaday reported on the summer recreation program taking place June 23rd-July11th at Rose Tree Elementary School. He added that the form is available on the website. He also announced monthly yard waste date, burn dates for March and April. He announced that the administrative offices would be closed on Monday, Feb. 18th for Presidents’ Day. He stated that the tax collector will be available at the Township building in March and that the dates and times are listed on the website. He also announced that Kevin Matson of Kelly & Close Engineers is being recognized as Delco’s Young Engineer of the Year. Mr. Pappano gave an update on the pre trial for the billboard case and stated that the briefs are due end of May. It was announced that Wednesday, February 20th at 7:30 at Marple Township the Zoning Hearing Board would hear a case regarding a cell tower application asking to increase the size of the tower. Mr. Cashman announced that a special meeting for 5th district residents regarding their traffic concerns would be held on Wednesday, February 20th at 7:00 PM at the Township building. Mr. Hamaday thanked Mr. Omlor for his assistance with the delivery of the notices to those residents with traffic concerns on Yarmouth, Chatham and Cape Cod. Mr. Bierling made a motion, seconded by Mr. Reid, to adjourn the meeting at 9:35 P.M. The motion was unanimously approved.
Adjournment
___________________ Anthony T. Hamaday Township Secretary	_______________________ Edward James W. Cashman Council Chairman

Municipal Boards, Authorities, Commissions & Committees