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UPPER PROVIDENCE TOWNSHIP
DELAWARE COUNTY
BUSINESS MEETING
June 12, 2008
7:30 P.M.

The Upper Providence Township Council held their monthly Business Meeting on June 12, 2008 at 7:30 PM, at the Municipal Building, 935 N. Providence Road, Media, PA. Mr. Bierling led the Pledge of Allegiance.
 

 

Public Forum

Jim Schell, 440 Oak Lane, spoke in opposition of the T-Mobile proposed cell tower at Pennsylvania Institute of Technology. He asked Council to join him and many other community members who are in opposition of the cell tower and requested that Council step in and oppose it.

Bob Ferry, Ridley Creek Road, distributed a handout to Council for their review regarding Mile-a-minute weeds within Scott Park. In an effort to control the weed without the use of chemicals or hand removal an insect that feeds on the weed could be released in the Park. The insect is the Mile-a-minute Weevil. Mr. Ferry asked Council to consider the use of the weevil and asked for their permission to do so sometime in early July.

Roll Call
Present: Mr. Cashman, Chair, Mr. Bierling, Vice Chair, Mr. Clinton, Mr. Visek, Mr. Reid, Mr. Robert Pappano, Township Solicitor, Mr. James Kelly, Township Engineer, Mr. Anthony T. Hamaday, Township Manager, and Irene Schultz, Administrative Assistant, Walt Omlor, Constable
Awards, Presentations and Announcements

Swearing In of New Part Time Police Officers
Chief Montella and Judge Lippincott were on hand to swear in the new part time police officers. Sworn in were Sean Bradshaw, Kevin Lappin and Daniel DiNardo. Council extended their best wishes to the new officers and shared a photo.

Chief Montella gave the monthly police report. He stated that currently the department is working without 25% of their full time force due to injuries. He added that on June 6 Officer DiNardo and Officer Moore made an arrest during a traffic stop which resulted in a drug arrest for the vehicle containing 1/2 lb. of marijuana and hashish. He stated that this is in addition to an arrest the previous month by Officer Baker, which resulted in the seizure of over 1 lb. of marijuana.

Penncrest High School Envirothon Team 2008 State Champions
Mr. Cashman introduced Envirothon Team teacher/sponsor, Mark Samilenko. Mr. Samilenko introduced his team consisting of Alex Senko, Elizabeth Freeburg, Katie Davis, Jennifer Walker and Katie Ferguson. The team scored 99.25% out of 100%

competing with 66 counties on environmental issues. He added that the team will represent the Commonwealth at the 21St Canon Envirothon North American competition July 28-Aug. 3 at Northern Arizona University, Flagstaff, Arizona.

Mr. Cashman presented certificates to each of the team members. All of Council congratulated the students on their hard work and dedication and stressed the importance of what they are doing now and for the future. Photos were shared with the team.

Mr. Hamaday announced that summer recreation camp still has opening in all but 1st and 2nd grades, the next yard waste pick up date is Wednesday, June 18th, a Great Shredder Event sponsored by NBC 10 will take place at Rose Tree Park on June 28th 10:00-1:00, and that the Township administrative offices will be closed on Friday, July 4th. He also added that the County will be holding airport noise workshops and the dates and times will be posted on the Township website.

Approval of the Minutes

Approval of the May 8, 2008 Regular Business Meeting Minutes
Mr. Visek made a motion, seconded by Mr. Bierling, to approve the minutes of the May 8, 2008 regular Council meeting.

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

5-0
Motion Carried

Approval of the May 22, 2008 Committees Meeting Minutes
Mr. Visek made a motion, seconded by Mr. Reid, to approve the minutes of the May 22, 2008 Council Committees meeting.

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

3-0
2 abstentions Motion Carried

Municipal Boards, Authorities, Commissions & Committees

 

Zoning, Subdivision and Land Development

Preliminary/Final Subdivision Plan Review - Henzel Subdivision, 610 Farnum Rd.
Tim Sullivan, attorney for the applicant, presented the Preliminary/Final Plan for Susan Henzel, 610 Farnum Road. The applicant purposes to subdivide off side yard into a separate building lot from the existing house and garage. Photos of the existing property showing the landscaping were distributed to Council.

Mr. Cashman called for a recess at 8:25 PM
Mr. Cashman reconvened the meeting at 8:27 PM

Mr. Visek made a motion, seconded by Mr. Bierling, to approve the preliminary/final minor subdivision of Susan Henzel, 610 Farnum Road, prepared by Joseph F. Clark Co., Inc., dated May 20, 2008 for the subdivision of the existing 1.476-acre lot into 2 residential lots including a waiver from Sections 1230.18 Landscaping and Tree Protection; 1230.15, Sidewalks, and approval of the buffer exemption provided for in Section 1260.04, subject to the following conditions:

1. The applicant shall comply with the Township Engineer's review letter dated May 14, 2008.
2. The applicant/developer of Lot # 1 shall be required to submit a grading and storm water management plan for Lot #1 prior to the issuance of a building permit.
3. The applicant agrees to contribute $5600 to the Township for future Township wide improvements upon the transfer or sale of either Lot, whichever transfers first.
4. Any developer alteration or change in the existing buffer landscaping shall require that developer comply with buffer requirement in effect at that time.
Mr. Bierling yes Mr. Visek yes Mr. Clinton yes Mr. Cashman yes Mr. Reid yes

5-0
Motion Carried

Unfinished Business

 
New Business

Voucher List for May
Mr. Visek made a motion, seconded by Mr. Bierling, to approve the voucher list for the month of May 2008 in the amount of $271,164.73.
Mr. Bierling yes Mr. Visek yes Mr. Clinton yes Mr. Cashman yes Mr. Reid yes

5-0
Motion Carried

Ordinance Announcement - Parking Restrictions on S. Overkill Road
Mr. Reid announced a proposed ordinance to increase the "No Parking" restrictions on S.Overhill Road to 180' from State Road on the east side and 260' from State Road on the West Side.

Escrow Release No. 12 - Ruskin Lane Subdivision, Highland Avenue
Mr. Visek made a motion, seconded by Mr. Bierling, to approve escrow release No. 12 in the amount of $32,158.47 with 29,009.42 released to Ruskin Lane LLC for construction improvements completed to date at the Ruskin lane Subdivision, Highland Avenue, and $3,149.05 to be released to the Township for engineering inspection costs as reviewed and recommended by the Township Engineer.

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

Motion Carried 5-0

Cleaning Service Contract Award - Remainder of 2008
Mr. Visek made a motion, seconded by Mr. Bierling, to authorize the proper Township officials to enter into a contract with Jani-King, Inc., for the bi-weekly cleaning of the Township Building and District Court Building for the remainder of 2008 at a cost of $611.00.

Mr. Visek amended his motion, Mr. Bierling accepted, to authorize the proper Township officials to enter into a contract with Jani-King, Inc., for the twice a week cleaning of the Township Building and District Court Building for the remainder of 2008 at a cost of $611.00.

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

Motion Carried 5-0

Conditional Use Hearing Schedule - Metro PCS, 1400 Providence Road, Cricket communications, 1400 Providence Road, Verizon Wireless, 47 State Road and Sean O'Neil, 925-930 S. Orange Street

Mr. Visek made a motion, seconded by Mr. Bierling, To authorize the Township Manager to schedule and advertise the following conditional use hearings for the July 10, 2008 Council Meeting:

• Metro PCS, 1400 Providence Rd - Telecommunications Facility
• Cricket Communications, 1400 Providence Rd - Telecommunications Facility
• Verizon Wireless, 47 State Road - Telecommunications Facility
• Sean O'Neil, 925 S. Orange St - Steep Slope Disturbance

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

Motion Carried 5-0

Recreation Board Requests/Contributions
There were no requests for June from the Recreation Board. Mr. Hamaday stated that the Recreation Board is discussing at length, the possibility of watering Cherry Street Park and more information will be provided as it becomes available.

Lots at Rose Hill Development
Mr. Clinton asked Mr. Hamaday for an update after contacting the developer about the possible purchase of lots at the development. Mr. Hamaday stated that he received an email outlining the costs of the lots. Mr. Clinton stated that he would like Council to develop a plan for acquisition to purchase and what will be done with what has already been acquired. He said the there is still a substantial reserve in the open space account and the importance of what the value would be of any purchase and how the property would be used for the entire community not just a select few. He encouraged Council to develop a plan. Mr. Clinton suggested that an overall view be established not only for this community but how it would connect other communities and find funding/grants that may be available for multi-communities. He reiterated to Council to move in a more intentional way and develop a plan for acquisition and a plan for the properties already acquired.

Final Payment - District Court Curb and Ramp Project

Mr. Visek made a motion, seconded by Mr. Bierling, to approve the final payment in the amount of $8650 to Trainor Landscape and Hardscape for the District Court Handicapped Ramp and Curb Project 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

Update of the Sewer Authority's Plan
Mr. Clinton stated that this would be discussed as part of the Administrative Reports.

Plan for Acquisition of Space and Development Parks
Mr. Clinton inquired on the status of the carriage house at Rose Tree Park, the sidewalks on Providence Road and State Road and the renovations to the Township building. It was stated that the carriage house plan proposed by the County would not be constructed. The tavern would be renovated as planned and Brandywine Visitors Bureau would occupy it. The sidewalks along Providence Road will require additional surveying work before the plan is finalized. Mr. Hamaday will meet with Mr. Matson and Penn Dot and the hope is for installation in late summer or fall. This time frame will have much to do with Penn Dots bidding process. Preliminary costs for the State Road sidewalks have been reviewed. There are funds available in the budget and due to a possible land development on 47 State Road/Verizon a portion of the cost of sidewalks would be funded by the applicant at that site. The renovations to the Township building have not yet been decided. Mr. Hamaday stated that there has been discussion on utilizing other Township properties for the building since parking at the existing building is a problem. Mr. Cashman stated that due to a budget situation it would not be in the best interest of the Township to over extend at this time renovations/relocations would be on hold. He added that if Rose Tree Place transfer money comes through then the Township would have a better idea of where things stand.

Mr. Clinton responded to Mr. Schell's comment on the 122' cell tower at Pennsylvania Institute of Technology being constructed in a residential area. Mr. Clinton stated that he is sympathetic to the position of Mr. Schell. . He suggested that Council take a position similar to that of the billboards. Mr. Clinton stated that due to his residence being so close to the PA Institute of Technology, he would explore any possible conflicts. Mr. Bierling stated that more paperwork on this project is needed for their review. Mr. Hamaday said that he would have Ms. Mason forward information to Council either by scanning and emailing or placing copies in their mailboxes. It was decided that since the Zoning Hearing Board meeting is scheduled for June 25th Council would have to meet in a special session after receiving the information in order to make a decision prior to that meeting.

 
Administrative Reports

Mr. Kelly updated Council on his report dated June 12, 2008. The first item was an update on the township sewer service area alternatives. He stated that Elizabeth Mahoney at DEP is reviewing the UPT submission. She indicated that the Regional Director, Joseph Feola, wants to review the plans with her before approval letters are issued. Per PADEP regulations they are required to issue comments by July 25, 2008. Mr. Kelly suggested that each of Council call DEP to speak to Elizabeth Mahoney to urge her to move this along. It was noted that Kate Smith, the township's CDCA representative, is in attendance at the meetings but that we are still not yet members due to the State holding things up. Mr. Kelly stated that the project would be made up of 8 districts. The first district to be serviced will be the Rose Tree Road to Kimberwick Road area. He stated that the other topics; payment for the District Court handicap ramp and Ruskin Lane subdivision payment were discussed earlier in the meeting.

Mr. Cashman announced that on May 8, 2008 the Township Council met as a body to hear a Heart and Lung termination proceeding for one of our police officers. Council heard and received testimony and exhibits at that hearing and has since reviewed all the information and made the determination based on the evidence to terminate the Heart and Lung benefits effective June 18, 2008. Council is directing our Township Manager to advise the officer in writing to report back to duty on Wednesday, June 18, 2008.

Mr. Cashman announced that Council would meet for an executive session to discuss litigation.

Mr. Visek made a motion, seconded by Mr. Bierling, to adjourn the meeting at 9:48 PM. The motion was unanimously approved.
Anthony T. Hamaday Edward James W. Cashman

___________________
Anthony T. Hamaday
Township Secretary

_______________________
Edward James W. Cashman
Council Chairman

                                                                                                             

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