Board of Supervisors’ Public Meeting Minutes
Members Present: Judith A. Algeo, Chair
Edward P. Thompson, Vice Chairman
Bert Parrish, Member
Others Present: Gail Weniger, Township Manager
Dave Connell, Township Engineer
Mary Eberle, Township Solicitor
Linda Grant, Recording Secretary
n CALL TO ORDER:
The Warwick Township Board of
Supervisors’ January 31, 2005 public meeting, held at Warwick Township
Administration Office, 1733 Township Greene,
n APPROVAL OF MINUTES:
_ January 18, 2005 (exhibit)
Motion by Mr.
Thompson to approve the Board of Supervisors’ public meeting minutes for
January 18, 2005, as submitted.
Second to motion by
Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed
unanimously.
n EXECUTIVE SESSION:
Chair Algeo announced that the Board of Supervisors had met in Executive Session prior to this evening’s meeting to discuss some matters of pending litigation and open space.
n CITIZEN COMMENTS: There were no citizen comments.
n MANAGER’S REPORT:
_ Recognition Presentation – Commissioner James
Cawley, Esq. (no exhibit)
Ms. Weniger
presented Commissioner Cawley who is in attendance this evening to present a
commendation to
January 31, 2005
page 2 of ten pages
Commissioner
Cawley thanked the Board of Supervisors for allowing him to appear here this
evening. Commissioner Cawley said he is
committed to try to get to every municipal meeting that he can in all 55
townships and boroughs, to see local government in action. Commissioner Cawley, on behalf of his fellow
Commissioners Charlie Martin and Sandy Miller, is presenting a letter of
Commendation to the Residents of Warwick Township in recognition of
Commissioner Cawley stated that 79% is somewhat deceptive due to the voter law, and noted we have had to carry people on the voter registration rolls through two presidential elections, who for different reasons are no longer eligible to vote in Warwick Township. We are now able to purge the rolls and the reality is that the 79% figure is likely much higher, once those no longer eligible to vote are removed from the rolls.
Chair Algeo thanked Commissioner Cawley for this acknowledgement and stated that we are pleased and proud to have this commendation. Ms. Algeo also said some of the people here in the audience have worked very hard and that our goal is 100%.
Ms. Weniger announced that there is cake and coffee set up downstairs to celebrate this commendation.
_ Snow Emergency – Local Declaration (exhibit)
Ms. Weniger stated that the Board of Supervisors need to officially declare the snow emergency effective January 22, 2005, 11:30 a.m. to January 25, 2005 at 8:00 a.m., with reference to Warwick Township Ordinance #177-42.
Motion by Mr.
Thompson to ratify the snow emergency of Saturday, January 22, 2005, 11:30
a.m., through Tuesday, January 25, 2005, 8:00 a.m.
Second to motion by
Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed
unanimously.
_ Village Commercial District – further discussion and
direction
Ms.
Weniger explained that this matter is a complicated item, and reminded that the
Board had a presentation of Warwick Village Commons from WaWa. Ms. Weniger said the Board had previously
adopted a portion of the Village Commercial District along a part of York
Road. Ms. Weniger is requesting
direction for the rest of York Road.
Suggestions have come from Tom Comitta, Planner, Township staff and
residents. Ms. Weniger is asking if the
Board wants to continue and if so, what do they want to see.
Katrina
Harding, Land Development & Special Projects Coordinator, showed that WaWa
and the Village Commons would be located in what is currently C3. Ms. Harding showed what areas could be included
in this change to zoning.
January 31, 2005
page 3 of ten pages
Mr.
Thompson questions if we want to change the whole C3 district, or just
portions. Mr. Parrish would like the
entire triangle included. Ms. Algeo
feels that people can come in and
request to develop, and then either do a
zoning challenge to develop the way they want or request a variance, which
takes it over to the zoning hearing board.
Ms. Weniger notes that part of the reason to consider change is that it
would give the Township some control over how things will look.
There
was discussion as to what C3 allows, and whether residential use is
permitted. Ms. Eberle notes that one may
have a store front with an apartment above, a dwelling in combination, but there can’t be a house built in the
middle of everything. Mr. Thompson noted
he was not happy with the VC zoning they just did because of the amount of
impervious surfaces that were allowed.
Ms. Weniger said we could work on a draft ordinance, at staff level, but
will need input from the Board. Ms.
Algeo is inclined to move towards the ordinance. Ms. Eberle summarized the discussion as
stating not to go crazy with impervious surface rations as was done in the VC1
district and to try not to leave anything non-conforming.
Motion by Mr. Thompson to explore the possibility
of changing the C3 district as identified on the map, up to the car wash area
on the east side of York Road, to the VC zoning.
Second to motion by Mr. Parrish.
Chair Algeo invited comment or discussion. There being none, the vote was called.
Motion passed unanimously.
Ms.
Weniger asked what the Board sees as the limit on impervious surface. Ms. Algeo is not ready to answer this yet and
would like to look and compare first.
Mary Eberle, Township Solicitor, offered that staff could come up with
some suggestions and more information in order for the Board to make a
decision.
n SOLICITOR’S REPORT:
_ Water and Sewer – Stover Mill Right-to-Service –
Resolution No. 2005-15
(exhibit)
Mary Eberle, Township Solicitor, explained that this resolution was prepared at the request of the Water and Sewer Authority. Ms. Eberle further explained that when the Township contracted with Warminster Sewer Authority to serve the Stover Mill development, it was a contract specifically between the Township and the Water and Sewer Authority. However, if any issues come up, if there are any disputes between Warminster and Warwick, the Sewer Authority has traditionally carried the ball on that, and not the Supervisors. The Authority has asked that the Board formally assign to the Authority, all our part in the agreement, dated January 14, 1977 between the Warminster Municipal Authority and the Township for the purposes specifically of the litigation between Warminster and the Water and Sewer Authority.
Ms. Algeo explained to those in attendance that it appears that the Water and Sewer Authority was incorporated May 1, 1969 and as such, they were the entity that should have been responsible for signing any contracts that would have made the Township Water and Sewer Authority a partner with anybody else. For some reason, back in 1977 the Board did not go to the Water and Sewer Authority and instead signed the contract on their own. This Board has no standing to sign contracts that commit Warwick Water and Sewer Authority to
January 31, 2005
page 4 of ten pages
a relationship with another water and sewer authority. We are stepping out of a contract that
Supervisors should have not signed in the first place.
Motion by Mr.
Thompson to adopt Resolution No. 2005-15,
wherein the Board of Supervisors assign to the Warwick Water and Sewer
Authority, for purposes of pursuing litigation against Warminster Township
Municipal Authority regarding the service area of Stover Mill Development, the
rights and responsibilities of the Township set forth in an agreement dated
February 14, 1977.
Second to motion by
Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed
unanimously.
At this point, Chair Algeo turned the meeting over to Mr. Thompson, Vice Chairman.
_ STS/Kendarbren – Settlement
Agreement (no exhibit)
Mary Eberle, Township Solicitor
explained that approximately two years ago, STS came before the Board for
conditional use to put an STS Tire Service facility at the Kendarbren Drive /
Old York Road property. The conditional
use was granted with a number of conditions imposed. The applicant objected to several of the
conditions and the case was appealed, then went to Common Pleas Court and the
Commonwealth Court. We have received a
stipulation proposing settlement from the applicant, which settled this matter
by STS agreeing to rotate the property so that the bays would not be visible
from York Road, which was a number one concern. It would also allow reduction in the parking as requested by the
applicant.
Mr. Thompson questioned square
footage, 44,500 which is written inside the building but the building square
footage is listed at 2500. Dave Connell,
Township Engineer, said that building is 112 feet by 50 feet, and that is less
than 6,000 square feet, which is one tenth of what it says. Mr. Connell feels it is clear that is the lot
size and not the building size. Ms.
Eberle further clarified that the cover letter from applicant’s attorney
suggests that if the Board prefers not to reference a plan, he will take the
reference to the plan out and we can use the words in the stipulation. Ms. Eberle noted applicant still needs to go
through the land development process, that this resolves the conditional use approval.
Motion by Mr. Thompson to approve
and execute the STS/Kendarbren settlement agreement.
Second to motion by Mr. Parrish.
Vice Chairman Thompson invited
comment or discussion. There being none,
the vote was called.
Motion passed.
(E. Thompson, B. Parrish – in favor; J. Algeo – abstained)
Ms. Algeo resumed her position as
Chair.
_ Ritter Farm Report – Update on Review
Mary
Eberle, Township Solicitor, reported that at the last meeting, the Board was
presented a petition by the residents who live near the Ritter Farm on Rushland
Road suggesting that there has been a change in conditions on that
property. The petition alleges that the
small
January 31, 2005
page 5 of ten pages
municipal mulch pile that was started several
years ago as a courtesy to the residents has grown into mountains of mulch and
created almost unlivable conditions.
Ms. Eberle has reviewed the
petition and there is case law cited in the
petition which has created some questions.
It is questioned how much agricultural use remains on the property; and
is there breach of the agricultural easement executed between the Ritters and
the County and the State. Ms. Eberle
notes the agricultural easement does not specifically address mulch piles or
compost piles.
Mr.
Parrish complimented the residents on such a well-prepared petition.
Mr.
Thompson said he has met with some of the homeowners and questions exactly what
the residents are looking for. Mr.
Thompson asked if the residents are looking to completely stop the mulching
process.
Mr.
Marley, resident, said the entire operation is commercial and not a farming
operation and it should be shut down.
Mr. Marley feels that with the current processing, it is uninhabitable
to live around the mulching operation.
Mr. Marley notes most Townships’ mulching operations are on Township
property. Mr. Marley referred to chapter
14b of the Agricultural Department of Pennsylvania, which explains the
operations of what a farm should be. Mr.
Marley states the mulching operation is not a farming operation and is not
currently part of an agricultural commodities system.
During discussion of this matter
references were made to the Agricultural Area
Security
Law and The Right to Farm Law. Ms.
Eberle notes there is a need to determine to what extent there are other
agricultural uses on the property. Ms.
Algeo noted that the DEP has said there were no environmental issues there,
they have been resolved. Residents are
concerned about noise and specifically odor, which keeps residents from
enjoying being outside of their homes.
Ms. Algeo said the Township has done a lot of research on this and there
is much more information that we need to find out, and we might have to
investigate the conservation easement to determine if it is being
violated. Also during this discussion,
Mrs. Marley said she feels this matter involves a health hazard, which is
causing mold to grow on their home.
Ms. Eberle states that the question
comes down to, “is what the Ritters are doing an agricultural use under our
Zoning Ordinance, under their conservation easement with the State and County,
or under the Right To Farm Act?”. Ms.
Eberle said if it is an agricultural use under any one of those three, the
Township would have a very hard time taking any action to stop the operation. Ms. Eberle advises that, as neighbors who are
being affected in ways more detrimental to them than are detrimental to someone
in another area of the Township, there are rights under a nuisance action which
are not available to the Township. Ms.
Eberle said there is still more the Township has to do to investigate whether
it is an agricultural use, and explained that our definition of agricultural is
a little more broad than the case cited by the residents.
Mr. Thompson reminded that in the
initial agreement, this was to be only an operation of approximately twelve
hours per week activity. Ms. Eberle
added that even if the Township took their part out of the operation, the
residents would probably not notice a difference. Ms. Eberle again strongly recommends that the
residents talk with an attorney about a private nuisance action.
Ms. Algeo stated that the Board is
very interested in working with residents on this.
January 31, 2005
page 6 of ten pages
n ENGINEER’S REPORT:
_ St. Cyril Land Development, Escrow Release No. 11 (exhibit)
_ Daniel Sine/Spring Dance Hot Tubs, Escrow Release No. 3 (exhibit)
_ Mearns Road Business Campus/5 Lot Subdivision
(Dudlik), Escrow Release No. 3 (exhibit)
_ Bridge Valley at Furlong (Pulte), Phase 1A, Escrow
Release No. 1 and Phase
1B,
Escrow
Release No. 1 (exhibit)
Dave Connell, Township Engineer, presented escrow
releases for the Board’s approval.
§
St. Cyril Land
Development, Escrow Release No. 11, in the amount of $184,206.85;
§
Daniel Sine/Spring Dance
Hot Tubs, Escrow Release No. 3, in the amount of $3,828.00;
§
Mearns Road Business
Campus/5 Lot Subdivision, Escrow Release No. 3, in the amount of $23,25.40.
Motion by Mr. Thompson to approve
the following escrow releases:
§
St. Cyril Land Development, Escrow
Release No. 11,
in the amount of $184,206.85 (leaving a balance of $159,900.57);
§
Daniel Sine/Spring Dance Hot Tubs,
Escrow Release No. 3,
in the amount of $3,828.00 (leaving a balance of $46,570.70); and
§
Mearns Road Business Campus/5 Lot
Subdivision, Escrow Release No. 3,
in the amount of $23,265.40 (leaving a balance of $6,178.90), as presented by
the Township Engineer.
Second to motion by Mr. Parrish
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed unanimously.
At
this time, Chair Algeo turned the meeting over to Vice Chairman Thompson.
Dave
Connell, Township Engineer, presented Escrow Releases for Bridge Valley at
Furlong, Phase 1A, Escrow Release No. 1, in the amount of $1,303,802.60 and Phase 1B,
Escrow Release No. 1, in the
amount of $1,060,183.53.
Motion by Mr. Thompson to approve Bridge Valley at
Furlong, Phase 1A, Escrow Release No. 1, in the amount of $1,303,802.60 (leaving a
balance of $763,321.90) and Phase 1B, Escrow Release No. 1, in the amount of $1,060,183.53 (leaving a
balance of $802,939.53).
Second to motion by Mr. Parrish.
Mr. Thompson questioned escrows
having to do with detention basins, while a lot of them are being released in
full and asked what happens if detention basins have to be fixed later. Mr. Connell said there is enough money held
back for fixing up later. Mr. Connell
notes there is a contingency item, which we never touch but could be used if
needed.
Vice
Chairman Thompson invited discussion or comment. There being
Motion passed. (E. Thompson, B. Parrish – in favor; J. Algeo
– abstained)
Ms.
Algeo resumed her position of Chair.
January 31, 2005
page 7 of ten pages
n PUBLIC WORKS:
_ Review of Road Repairs for 2005 (exhibit)
Ms. Algeo complimented Dan on the letter that was sent out with instructions on snow removal, and stated that it was well written and that it was an excellent idea that it was sent out.
Dan Sharapan, Public Works Director/Parks & Rec. Director, said he would like to change three of the streets listed in the 2005 budget for roadway improvements so that the entire Mountain View Estates development can be completed before working on another area of the Township. Mr. Sharapan recommends improving Sturbridge, Cloverly Circle and Cambridge Drive. Additionally, Mr. Sharapan is recommending that we do the curb replacement, inlet/repair/replacement and small improvements to Sunrise Way and Brook Lane. This will prepare these two streets for resurfacing in 2005, reducing the budget number needed for next year’s repairs.
There was discussion as to whether the Township can charge a resident, rather than the Township carrying the expense. Ms. Eberle referred to the Second Class Township Code, noting that this it is allowable to charge property owners. Ms. Weniger asked if the Township can do the inlet work in-house. Mr. Sharapan said yes, but if we contract the work, it will be done all at once. Mr. Thompson asked if we monitor construction of curbs and sidewalks during construction. Dave Connell, Township Engineer, said that during the development process, the construction of the curbs and sidewalks is the Township Engineer’s responsibility and before the Township takes dedication of a development, an extensive punch list is prepared, which includes curbs as a prime thing that we look at. Mr. Connell is confident the curbs are in good condition when the Township takes dedication.
Mr. Thompson asked if we are repairing curbs that have been destroyed by people pulling equipment over them, such as people putting in pools or putting additions on their homes Mr. Connell said there is no way to know how a curb has been broken, especially in older developments.
Motion by Mr.
Thompson to authorize going out to bid on the road repairs, as presented by the
Public Works Director for Sturbridge, Cloverly Circle and Cambridge Drive for
paving; and for 2005 Road Improvement program per CKS’ letter, dated January
21, 2005 with Brook Lane and Sunrise Way
curb replacement, and inlet reconstruction as an add alternate bid.
Second to motion by
Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed
unanimously.
n PLANNING/ZONING REPORT:
Ms. Weniger noted Mr. Scott is not here today and that Katrina Harding will be presenting Mr. Scott’s report.
_ Rick’s Seafood
1992 York Road (tmp 51-3-86) sign request, corridor overlay requirements (exhibit)
January 31, 2005
page 8 of ten pages
Ms. Harding noted that the corridor overlay describes certain kinds of signs and materials.
Mr. Thompson commented that we are trying to lower the signs in the corridor and Rick’s Seafood is in the middle of the corridor. Mr. Thompson is asking if it is possible to lower the sign. Mr. Parrish asked if Mr. Steinberg is aware that if a property has multiple businesses on it, only one sign is permitted. Mr. Steinberg said he was not aware of that, and that he was simply changing the wording on the existing sign. Ms. Algeo, stated that the Planning Commission recommended applicant paint the sign black to make it a uniform look. Ms. Algeo asked if Rick’s
becomes successful, would Mr. Steinberg replace the sign. Mr. Steinberg said he would. Ms. Eberle suggested that the zoning director needs to make the determination if this is a non-conforming use, and suggested that the Board may grant the request conditionally.
Ms. Algeo suggested approving the sign, painting it as recommended by the Planning Commission and then upon the sale of the property and if the new owner wants to change the sign, the sign must come into compliance.
Motion by Mr.
Thompson to approve Rick’s Seafood sign, as presented with the recommendation
of the Planning Commission, and with the stipulation that if the property
sells, the new owner or developer must replace the sign.
Second to motion by
Mr. Parrish.
Chair Algeo invited comment or
discussion. There being none, the vote
was called.
Motion passed
unanimously.
n OLD
BUSINESS:
Mr. Parrish reminded that at a previous meeting, it was mentioned that Verizon was coming into the Township and putting DSL connections in. Mr. Parrish said municipalities and public roads are protected, but is concerned about developments that are not dedicated to the Township.
Ms. Weniger said that Dan Sharapan and Tom Scott had a meeting with Verizon concerning the roadways and they found out that there will not be a lot of digging up of roads. Mary Eberle, Township Solicitor, said Verizon can come in because of existing easements that are in place. Ms. Eberle also suggested that the homeowners association find the easement and check to see if it requires restoration, and if so, it would be on record. Mr. Thompson asked what other things were addressed at the meeting Dan and Tom had with Verizon. Gail said their meeting with Verizon included how residents will be notified and how Verizon will proceed through the process. There will be a meeting with municipal managers on Friday to discuss the next part of this when Verizon comes to put in video capabilities. Mr. Thompson is concerned with placement in the right-of-way, which is people’s front yards. Ms. Eberle said her understanding is that since it is fiber optics, it’s so thin that whatever trenching that might be required is microscopic.
n NEW BUSINESS: There was no new business to discuss.
n ANNOUNCEMENTS:
Ms. Algeo announced that the next Board of Supervisors’ public meeting, a work session, will be Tuesday, February 22.
January 31, 2005
page 9 of ten pages
n PUBLIC
COMMENT:
† Terri Herrman, resident, wanted to thank everyone who was involved with getting the traffic signal at Bristol and Tulip road, which is now working.
† Joe Gable asked about the Water & Sewer Authority rate increase and if the Township can direct the Water and Sewer to communicate with residents. Ms. Algeo explained that the Water and Sewer Authority is a separate entity and advised Mr. Gable that residents are encouraged to attend the Water and Sewer Authority meetings, which are public meetings.
n ADJOURNMENT:
The January 31, 2005, Warwick Township Board of Supervisors’ meeting was adjourned at 8:50 p.m.
Respectfully
submitted,
Gail V. Weniger,
Township Manager/Secretary
These minutes were approved at the
Board of Supervisors’ meeting held: March 7, 2005