The Upper Providence Township Council held their monthly Business Meeting on March 13, 2008 at 7:30 PM, at Springton Lake Middle School, 1900 N. Providence Rd., Media.   Mr. Bierling led the Pledge of Allegiance. 

Executive Session was held prior to meeting to discuss litigation. 

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.

Ennio Magnarelli, 110 Water Mill Lane, voiced his opposition to the proposed trail plan and asked Mr. Visek to vote no.

Regina Dougherty, 110 Water Mill Lane, voiced her opposition to the proposed trail plan.  She stated that she is concerned about cost.  She does not want to pay to have others traverse her neighborhood.

Peg Archdeacon, 390 Sycamore Mills Rd., is opposed to the proposed trail plan and asked Council to vote it down in its entirety.  She stated that she would be brief with her statement and would a lot her remaining time to Jim Semple.

Frank Maros, 51 N. Feathering Rd., stated that of the 50 residents he spoke with, 49 of them are opposed to the trail plan.  He is vehemently opposed to the trail plan and wants to see it abolished and to start again from scratch.

Barb Weyler, 321 Foxdale Rd., is opposed to the trail plan along with many of her neighbors.  She also expressed her concern that the draft minutes of the February 28, 2008 Committees meeting do not reflect comments made by Peg Archdeacon and asked that they please be amended to include them. 

 Ursula Boornazian, 180 Dam View, is opposed to the trail plan.  She would like to see that extra money being spent to help senior citizens with their taxes.  She also stated that she would give her additional time to Jim Semple.

Ed Ardis, 50 N. Feathering Rd., stated that he is strongly opposed to the proposed trail plan.  He asked Council to reject the plan. 

Bill Thomas, 104 Valley View Rd., expressed his pleasure in seeing so many residents taking an active role in their Township.  He applauded Council for them choosing the appropriate setting for all residents to be heard.  He added that this should be the beginning not the end.  He asked that Council not dismiss this effort but reach out for all to contribute.

Chris Larsen, 192 Dam View Dr., is opposed to the trail plan for what he feels are evident reasons, the process, the approach and the communication.  He stated that he would now be more involved in the election of Township Council.

Anthony Piraino, 172 Dam View Dr., is vehemently opposed to the trail plan.

Karen Allen, 511 S. Feathering Rd., thanked all for their support by coming out to the meeting.  She added that she has researched the poorly constructed trail plan and she opposed all phases of it. 

 

Jim Barron, 1560 Ridley Creek Rd., stated that his was a member of the Trail Plan Committee.  He thinks a mistake was made in the very beginning since Council never intended eminent domain. He feels that if Phase 4 were removed from the plan the attitudes of the residents opposed may be different and it would have been possible to approach the plan in a different way. 

David Panichi, 150 Kingston Rd., vehemently opposed to the trail plan.  He is very disappointed with Council and the way in which they communicated the plan to the residents.

Kim Panichi, 150 Kingston Rd., stated that for the first time in 28 years she agrees completing with her husband’s comments.

Anthony Fugaro, 130 Kingston Rd., is opposed to the trail plan.

Theresa Flanagan Murtagh, 178 Dam View, vehemently opposed to the trail plan.  She demanded an investigation into Mr. Hamaday regarding the letter from Aqua PA that she feels was never presented as requested by Aqua PA.  She asked Mr. Pappano, Sen. Erickson, and Rep. Killion look into improprieties of Council and Mr. Hamaday.

Paul Murtagh, 178 Dam View, opposed to the trail plan.  He feels that if residents had been properly notified of the proposed plan this would not be happening this evening.

Kyle Larson, 192 Dam View, agrees with all of those in opposition of the trail plan.  She is concerned about her 12 ˝ year old daughter who is frightened by the thought of this trail plan becoming a reality. 
Ernie Ianucci, 1492 N. Ridley Creek Rd., is opposed to the trial plan.  He stated that he bought his home due to the very private backyard.

Thomas McFadden, 1912 Kimberwick Rd., is opposed to the trail plan.  He went on to share statistics of Township debt service and possible tax increases as a result of the trail plan. 

Vince Mancini, 173 Dam View Rd., stated that he is a 22 resident of the Township.  He made Council aware that the Murtagh & Larson families have retained him. He is vehemently opposed to the trail plan.  He added that the Campbell Thomas plan is shoddy and incomplete. 

John Newsome, 501 S. Feathering, stated that he is opposed to the trail plan.  He felt that the notification of this plan to the residents was inadequate for the level of activity planned.  He had concerns about the immediate impact on the property values and stated that such a plan must be disclosed on any real estate transaction.

Dr. Donna Mancini, 173 Dam View, stated that she was opposed to the path in its entirety.  She has environmental impact concerns as well as safety and security issues.  She also raised concerns about the safety of the drinking water and also where people accessing such a trail would park.

Jack Schreffler, 1921 Kimberwick Road, stated that he is very confused about the proposed plan.  He asked for a show of hands of those people in the audience who were in opposition of the plan.  He stated that the majority of the residents are opposed.  He suggested that more parking areas for Ridley Creek State Park and Rose Tree Park might be a better place to start. 

Ray Wilson, 1910 Colt Road, stated that he is a Republican committeeman and he expects that Council will vote this plan down. He voiced concern about the overall cost of the proposed project.  He added that he hopes residents will contribute to the Township by serving on boards and committees adding that it is a great public service.

Mike Rowinski, 444 S. Jackson Street he is opposed to the trail plan.  He added that his home is 4’ from the cartway and that there is no room for a path.

Karen Rowinski, 444 S. Jackson Street, stated that she agrees with her husband.  She asked about the status of the 3^rd Street Bridge if the Council is really interested in bringing the community together. 

Ed Dunlap, 393 Meeting House Lane, stated that he is opposed to the cost of $11,000,000, which he feels does not correctly include all costs associated with the implementation of the trail plan.  He hopes that Council will listen to the many residents who voiced their opposition. 

Mark Freeman, 168 Dam View Drive, stated that he is just catching up with the news of the trial plan.  He added that his home is 1 mile from Ridley Creek State Park and he does not see the need for bike trails.  He asked Council to vote no on the trail plan.

Orvis Kline, 1510 N. Ridley Creek Rd., stated his opposition to the trail plan.  He stated that there is no tax neutral.  He added that there are currently parks available to the residents that are adequate. 

Public Forum ended at 8:39 PM

Mr. Cashman stated that those residents who signed in to speak will have an opportunity to do so after the Council business meeting concludes.

none

Approval of the February 14, 2008 Regular Business Meeting Minutes
Mr. Visek made a motion, seconded by Mr. Bierling, to approve the February 14, 2008 Regular Business Meeting minutes.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

Approval of the February 28, 2008 Committees Meeting Minutes
Mr. Visek made a motion, seconded by Mr. Bierling, to approve the February 28, 2008 Committees Meeting minutes.

Members of the audience called out to have the minutes amended to include their statements made at the February 28, 2008 meeting regarding inappropriate comments they heard from the Council’s Executive session.

Mr. Visek amended the motion to include the comments, Mr. Bierling accepted.  He Hamaday will make the amendments.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

10.2Trail Plan Feasibility Study Update  was taken out of place on the agenda to be heard after 6.2
 
Discussion:  Mr. Clinton stated that he has been involved with the committee of 10 people who saw the plan as a trail for all citizens for access to walk and bike to places such as Rose Tree Park, Springton Lake Middle School, Ridley Creek State Park, and availability by foot/bike to the town of Media.  The goal was to get more people off the highways and an exercise opportunity for our children.    Council agreed that the plan needs a lot of work.  They hear the concerns of the residents, cost, security, maintenance, property values, safety.  Mr. Cashman thanked the residents for coming out and voicing their concerns especially the violation of their properties.  He stated that he feels Council needs to reject the trail plan proposal.  Mr. Visek echoed Mr. Cashman’s statements.  He added that the Township should have done a better job with communicating to the residents and that the postcard were an ineffective way to try to reach the residents. He stated that the Township would look into the implementation of an email alert list to ensure better communication.

Mr. Bierling made a motion, seconded by Mr. Visek, to reject in its entirety the final report on the Feasibility Study for the Township-Wide Pedestrian and Bicycle Network dated December 28, 2007, prepared by Campbell Thomas & Company.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton Mr. Cashman yes
Mr. Reid yes

Motion Carried
4-1

Mr. Cashman called for a 2 minute recess at 8:55 PM
Mr. Cashman reconvened the meeting at 9:05 PM

Ordinance No. 431 – Shadeland Parking Restrictions (2^nd reading)
Mr. Visek made a motion, seconded by Mr. Bierling, to adopt Ordinance No. 431 amending Chapter 440 of the Township Code prohibiting parking on the north side of Shadeland Avenue.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

Ordinance No. 432 – Residential Permit Parking Restrictions (2^nd reading)
Mr. Visek made a motion, seconded by Mr. Bierling, to adopt Ordinance No. 432 amending Chapter 452, of the Township Code to modify the provisions for the effective times of the residential parking program to be designated by Council and to further add the roads of Shadeland Avenue and Woodland Avenue to the Residential Parking Program Area.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

Ordinance No. 432 – Residential Permit Parking Restrictions (2^nd reading)
Mr. Visek made a motion, seconded by Mr. Bierling, to adopt Ordinance No. 432 amending Chapter 452, of the Township Code to modify the provisions for the effective times of the residential parking program to be designated by Council and to further add the roads of Shadeland Avenue and Woodland Avenue to the Residential Parking Program Area.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

Voucher List for February 2008
Mr. Visek made a motion, seconded by Mr. Bierling, to approve the voucher list for February 2008 in the amount of $344,183.88.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

Escrow Release No. 1 – Kenmore Woods Subdivision – 211 Sycamore Mills Road
Mr. Visek made a motion, seconded by Mr. Bierling, to approve the escrow release No. 1 in the amount of $80,442.80 to Sycamore Mills LLC for construction to date at Kenmore Woods Subdivision as recommended by the Township Engineer.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

Proposed Ordinance – Variance and Special Exception Expiration (1^st reading)
Mr. Visek made a motion, seconded by Mr. Beirling, to initially approve a proposed ordinance amending the Zoning Code to provide requirements for the expiration of a variance or special exception granted by the Zoning Hearing Board and to direct the proper Township officials to schedule a public hearing on the proposed ordinance at the April 10, 2008 Council meeting.

Mr. Bierling Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

Proposed Ordinance – Flood Plain Regulation Amendments (1^st reading)

Mr. Visek made a motion, Mr. Bierling seconded, to initially approve a proposed 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 and to direct the proper Township officials to schedule a public hearing on the proposed ordinance at the April 10, 2008 Council meeting.

Mr. Bierling Mr. Visek yes
Mr. Clinton Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0
 

Proposed Ordinance – Subdivision/Land Development Plan Submission Plan Submission Procedures (1^st reading)
Mr. Visek made a motion, seconded by Mr. Bierling, to initially approve/not approve a proposed 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 and to direct the proper Township officials to schedule a public

hearing on the proposed ordinance at the April 10, 2008 Council meeting.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

Council Meeting Broadcast Agreement

Mr. Visek made a motion, seconded by Mr. Bierling, to approve a 6-month contract agreement with renewal options for the broadcast of the monthly Township Council Business meetings between the Township and Warren Thomas Productions.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashmanyes
Mr. Reid yes

Motion Carried
5-0

Resolution No. 2008 – 12 Authorization to Complete Life Insurance Claim Form
Mr. Visek made a motion, seconded by Mr. Bierling, to adopt Resolution No. 2008 – 12 authorizing the Township Manager and Controller to sign all paperwork necessary to complete the Great American Life Insurance annuity claim for which the Police Pension Plan is the beneficiary. 

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

Letter of Support to Delaware County – Media Train Station Out Bound Platform Stairway
Mr. Visek made a motion, seconded by Mr. Bierling, to authorize the Township Manager to send a letter of support to Delaware County regarding their request to Septa to re-open the outbound platform stairway at the Media Train Station and to further request the County ask Septa to improve the station parking lot.

Mr. Bierling yes Mr. Visek yes
Mr. Clinton yes Mr. Cashman yes
Mr. Reid yes

Motion Carried
5-0

Ordinance Announcement – Handicapped Parking, Valley View Road
Mr. Hamaday announced a proposed ordinance establishing a handicapped parking space on Valley View Road at 111 Valley View Road.

Mr. Bierling asked for resident support in the flower sale to be held at Campbell’s Boat House Restaurant to support the Rose Tree Fire Company.

Mr. Hamaday announced the burn dates, Saturday, March 15^th and rain date the following Saturday.  He stated that the administrative offices will be closed on Friday, March 21^st and no trash will be collected on that day.  He announced that summer camp registration forms are available on the website.  He also added that the Township tax collector would be available at the Township building to collect on the following dates.  March 25-28, 10-2 PM, Saturday, March 29^th – 9-1 and March 31^st 10-2 PM.  He also gave details of the flower sale fundraiser to benefit the Rose Tree Fire Co., previously announced by Mr. Bierling.  He said that the Ladies Auxiliary will host a Karaoke Night on Saturday, April 5^th and to see website for details.

Chief Montella gave his report for the month.  He requested that residents be aware that thefts in vehicles in the north end of the Township continue.  He urged residents to please remove valuables and lock their vehicles.  He reported on the Smooth Operator Campaign stating that 118 traffic citations were given in this first wave of the operation and he deemed it a success.  He stated that Officer Jackson tried out and passed a week long training for tactical response team and passed all 4 phases and was the recipient of the Ironman Award.  He also responsed to Mr. Clinton’s question regarding the hiring of the advertised part time police officer position.  Chief Montella stated that it is his hope that the officer will be in place by summer. 
. 
Mr. Kelly read from his report dated March 13, 2008.  He reported on the 2008 Road Program and the county aid application that was mailed on February 20, 2008.  He also reported on the Township sewer service area alternatives, and the Kenmore Woods Subdivision escrow release request. 

Mr. Cashman stated that Public Forum would continue for those who signed in and would still like to speak.

James Zurbach, 491 S. Feathering, he is opposed to the trail plan.  He thanked Council members for listening and apologized for the rude remarks directed at Council.  He especially apologized to Mr. Hamaday, stating that he is not an elected official.

Brad Randall, 463 Meetinghouse, stated that he is not opposed to the plan.  He added that going north on Providence Road is very unsafe.  He echoed Mr. Zurbach’s thanks to Council. 

Stuart Greenburg, 119 Mansion Drive, stated that he feels Council received a one-sided response and voted accordingly.  He felt that Council should have based their decision on the fact.

Kurt Swanson, 4 Strawberry Lane, stated that he worked on the Trail Plan Committee. He wished that the trail plan had a plan A and plan B.  He stated that the need has not gone away.  He encouraged Council to reach out to the residents who came out to the meeting and ask them to fill our Township committees.  He added that the trail is not a dead issue especially in district 2. 

Pat Ackroyd, 333 State Road, thank Council for what they do.  He said that he attended all of the trail plan meetings.  He added that professionalism was apparent at those meetings.  He suggested that we step back and see what is salvageable from the plan that was proposed.

Tony Piraino, 172 Dam View Drive is opposed to the trail plan and the Township’s failure to communicate. 
 

___________________
Anthony T. Hamaday
Township Secretary

_______________________
Edward James W. Cashman
Council Chairman