Upper Providence Township

UPPER PROVIDENCE TOWNSHIP DELAWARE COUNTY BUSINESS MEETING October 11, 2007 7:30 PM The Upper Providence Township Council held their monthly Business Meeting on October 11, 2007 at 7:30 PM in the Upper Providence Township Building. Mr. Bierling led the Pledge of Allegiance. An executive session was held prior to the meeting to discuss personnel issues.

Public Forum
Kathleen Weisbond, 30 E. Rose Tree Road, spoke to Council on behalf of herself and some of her neighbors who oppose the construction of the carriage house as part of the Rose Tree Tavern land development project. She added that many Upper Providence Township residents consider Rose Tree Park a treasure. She stated that over 425 signatures of residents opposed to the carriage house have been collected. She gave the petition to Mr. Hamaday.

Roll Call
Present: Mr. Cashman, Chair, Mr. Bierling, Vice Chair, Mr. Clinton, Mr. Visek, Mr. Williamson, Mr. Robert Pappano, Township Solicitor, James C. Kelly, Township Engineer, Mr. Anthony T. Hamaday, Township Manager, and Irene Schultz, Administrative Assistant.

Awards, Presentations and Announcements
A moment of silence was observed for fallen Sharon Hill firefighter, Michael Reagan. Alan Mancill, Fire Marshall, thanked everyone involved in coordinating and participating in Mr. Reagan’s funeral procession. Due to their efforts the burial and luncheon were a tribute and honor to Mr. Reagan. He also announced that the Rose Tree Fire Co. visited 33 classrooms and 600 students for Fire Prevention Week. The students were preschool and first graders. He applauded those members of the Rose Tree Fire Co., who took vacation time to unable them to participate in educating the students in the Rose Tree Media School District on fire prevention. Mr. Cashman announced the retirement of Chief Thomas Davis effective December 31, 2007. He introduced Sgt. David Montella who was appointed as his replacement beginning January 1, 2008. Sgt. Montella addressed Council and introduced his wife, Janet and his son and daughter. He thanked Council for the opportunity to serve as the Chief of Police in the Township. He stated that it is an honor and a privilege to take over this position. He thanked Chief Davis for his leadership and guidance during his 17 years on the police force. Council thanked Sgt. Montella for his values, commitment and leadership to the Township and thanked his family for sharing him with Upper Providence Township. Council expressed their excitement for the coming year as he takes over as Chief of Police. Mr. Hamaday took photos of Council and Sgt. Montella. Bob Brown, Fire Chief, congratulated the newly appointed Chief of Police, Dave Montella. He also gave a special thanks to Alan Mancill, Fire Marshal, for his dedication to Fire Prevention and all of the activities that he manages. He stated that Upper Providence Township has a great fire marshal! Municipal Boards, Authorities, Commissions & Committees Mr. Cashman announced that residents should check the Township website for vacancies on boards, commissions, authorities, and committees as they will be posted as vacancies occur.

Approval of the Minutes
Approval of the September 13, 2007 Regular Council Meeting Minutes Mr. Visek made a motion, seconded by Mr. Bierling, to approve the minutes of the September 13, 2007 Regular Council meeting. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 Approval of the September 27, 2007 Council Committees Meeting Minutes Mr. Visek made a motion, seconded by Mr. Bierling, to approve the minutes of the September 27, 2007 Council Committees Meeting. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson abstain Mr. Cashman yes Motion Carried 4-0 1 abstention

Zoning, Subdivision and Land Development

County of Delaware, Preliminary Final Subdivision/Land Development for the Rose Tree Tavern The applicant, County of Delaware, proposes to renovate the existing building for office use and construct a 2,288 sq. ft. carriage house for use as an assembly hall and gathering place. Adam Matlawski, attorney, Chris Fazio, engineer, Remington and Vernick, and Sandra Baggot, of Baggot and Bak, architect, represented the applicant. Mr. Matlawski stated that Brandywine Convention Visitors Bureau would occupy premises. He added that the applicant received approval from the DCPD, the Zoning Hearing Board, the UPT Fire Marshal and he met with the neighbors who had questions about the project. He stated that the applicant is requesting 3 waivers for curbing, species of trees to be used, and sidewalks. (He said that the applicant is awaiting the review from the Environmental Commission.) The applicant is looking for final approval from Council. Discussion: Council had questions regarding how “green” the building would be, the buffering of the building to neighbors, increased traffic, evening meetings in the carriage house, the concerns of the neighbors, curbing, (the type to be installed) the timing of the 252 improvements, the process of notification to the neighbors, stormwater issues, lighting, and this being the first time the application had been before Council. Council discussed the possibility of the applicant not beginning their project before 252 widening or at least concurrent with it. Mr. Matlawski felt that it would be unfair to the applicant to wait not having a timetable for the PennDot improvements. He said it would be, “a difficult imposition.” The timing of the application is such that an extension of time would be necessary as the time runs out three days prior to the November 8th Council meeting. The Environmental Commission is reviewing the tree issues and their input is essential to approving the application. The applicant granted the Township an extension of time. Council will see the application again at their November 8, 2007 regular Council Meeting therefore no decision was made. Council spent time explaining the process of approval in order that residents better understand their position. The issue of notifying the neighbors was discussed and Council would need to make a change to the current requirements to change want is being done presently. Public Forum Kelly Doyle, Rose Tree Rd., questioned who might have the authority to say no to the application. Kay Paterson, resident, stated that she is opposed to the construction of the carriage house and also would like to be made aware of what is happening in the Township in a timelier manner. Sally Hitchcock, Paxon Hollow Rd., voiced her concerns about the notification to the surrounding neighbors. She stated that no one she spoke to was aware of this application and now it is in the final stages. She said that she is opposed to the construction of the carriage house. Ken Lester, resident, questioned if Council has seen what the new carriage house would look like. He stated that usually carriage houses are smaller than the existing building not larger. Resident, (did not identify herself) said that she feels that the concerns of the residents have not been heard. She stated that in her opinion it appears that a decision has already been reached. Council concluded that between now and the November meeting they could possibly find something to deny the application but they are not hopeful. Conditions need to have some relevance to make the plan better. Resident, (did not identify) stated that traffic concerns as a condition of the approval is in his opinion, a reasonable condition. It was decided that Council would try to identify traffic as a “reasonable condition” for the approval of the plan.
Unfinished Business
Ordinance No. 426 – Speed Limit Reduction Preston Rd., Ridge Rd. & Woodcliffe Ave. (2nd reading) Mr. Bierling, made a motion, seconded by Mr. Visek, to adopt Ordinance No. 426 authorizing the reduction of the speed limit on Preston Rd, Woodcliffe Ave., and Roberts Rd., from 35 mph to 25 mph. Mr. Bierling yes Mr. Clinton absent Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 4-0
New Business
Voucher List September 2007 Mr. Visek made a motion, seconded by Mr. Bierling, to approve the voucher list for the month of September 2007 in the amount of $456,583.55. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 Resolution No. 2007-26 – Fire Prevention Week Mr. Visek made a motion, seconded by Mr. Beirling, to adopt Resolution No. 2007-26 proclaiming October 7-13 2007 as Fire Prevention Week and encouraging all Township residents and businesses to develop and practice an emergency escape plan. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 Announcement – Purchase of Properties – 50 Sandy Bank Road, & Drexeline Property, Ridley Creek Road Mr. Bierling announced two (2) proposed ordinances authorizing the purchase of the following properties: · 50 Sandy Bank Road · Drexeline Property – Ridley Creek & Rose Tree Rds. Escrow Release #11 – Ruskin Lane LLC, 361 Highland Avenue Mr. Visek made a motion, seconded by Mr. Bierling, to approve escrow release #11 in the amount of $2,756.42 to Ruskin Lane LLC. for completed construction in the Ruskin Lane Subdivision. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 EMS Tax Amendment – 1st reading Mr. Visek made a motion, seconded by Mr. Bierling, to initially approve/not approve a proposed ordinance amending Chapter 886 of the Township Code to revise the provisions of the Township’s EMST Tax to comply with new State law regulations regarding collecting the tax and authorizing the proper Township officials to advertise said ordinance for consideration at the November 8, 2007 Council meeting. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 Contract Payment No. 1 – 2007 Road Program, A. F. Damon Mr. Visek made a motion, seconded by Mr. Bierling, to approve contract payment No. 1 in the amount of $ 187,404.03 to A. F. Damon, Inc., for work on the 2007 Road Program as recommended by the Township Engineer. Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 Park and Recreation Board Donation Requests Mr. Bierling made a motion, seconded by Mr. Visek, to approve donation requests as recommended by the Recreation Board to the following organizations: 1. Media Youth Center $375 2. Rose Tree Colts $375 3. Rose Tree Fire Co. $250 (towards banquet) Mr. Bierling yes Mr. Clinton yes Mr. Visek yes Mr. Williamson yes Mr. Cashman yes Motion Carried 5-0 2008 Budget Update Mr. Hamaday announced that on October 1, 2007 the Council held an advertised meeting. He advised Council to let he or Mrs. Moore know if they had anything additional to add as quickly as possible so that the advertisement can be prepared for the budget. Since the figures used are estimates if Council increases those amounts it must be readvertised. He added that discussions will take place at the October Committees meeting and a preliminary proposal and projections will be ready for the November 8, 2007 regular Council meeting.

Administrative Reports
Mr. Kelly read from his report dated October 11, 2007, which included the 2007 Road Program (1st payment request) and the Township Sewer Service Area Alternatives and the Mancil Road Improvements completion. Mr. Pappano announced that he has been attending the meetings of the CDCA and that it has been and continues to be a difficult process. Mr. Visek made a motion, seconded by Mr. Bierling, to adjourn the meeting at 9:31 P.M. The motion was unanimously approved.

___________________ Anthony T. Hamaday Township Secretary	_______________________ Edward James W. Cashman Council Chairman