WARWICK TOWNSHIP

Board of Supervisors’ Public Meeting Minutes

MARCH 7, 2005

 

 

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

                                    Tom Scott, Assistant Manager    

                                    Linda Grant, Recording Secretary            

 

 

n       CALL TO ORDER:

 

The Warwick Township Board of Supervisors’ March 7, 2005 public meeting, held at Warwick Township Administration Office, 1733 Township Greene, Jamison, PA., was called to order at 7:00 p.m., by Chair, Judith Algeo, who then led attendees in the pledge of allegiance.

 

n       APPROVAL OF MINUTES:

 

_ January 31, 2005 and February 7, 2005 (exhibit)

 

Motion by Mr. Thompson to approve the Board of Supervisors’ public meeting minutes for January 31, 2005 and February 7, 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 open space matters.

 

n       POLICE REPORT:

 

        Chief Costello, introduced John Parsons, Jr., a Township resident who will be working on his Eagle Scout project.  Chief Costello noted that John will be working on Project Alert, which will be a gathering of information for when police and ambulance services come to a household.  This will enable all special information such as medication, contact information, disabilities, etc. to

be condensed on a one sheet form and readily available and posted in a central location in the home.  John will start with the retirement communities and then the project will be open township-wide for anyone with special needs. 

 

            John stated that having the information will save valuable time during an emergency incident. 

 

            The Board of Supervisors thanked John and wished him good luck with his project.

 

March 7, 2005

page 2 of nine pages

 

 

n       CITIZEN COMMENTS:  

 

†                 Jack Kelleway, 903 Nathaniel Trail, spoke about slippery sidewalks in Heritage Creek phase V, which he believes is due to a sealant used. He also asked about cracks in the concrete that have not been repaired.  Mr. Kelleway distributed photos to the Board of Supervisors showing the slippery sidewalks and noted that there is a problem each time it rains. 

 

            Dave Connell, Township Engineer, explained that concrete surfaces of the sidewalk are covered with a protective coating to keep the concrete from aging.  The specifications for the material have been provided to the Homeowners Association.  Mr. Connell further notes that this is a standard practice done at every project.  

 

†      Birgitta Reese, 1018 Bancroft Place, spoke about big vans parked along Stover Road,  that are blocking the view.  Ms. Reese is asking if the police can have these vans park elsewhere.

 

            Chief Costello said he was there but there were no vans when he was there and he saw no immediate hazard, however this will be looked into further.

 

            Ms. Reese also asked about people coming in and dumping trash into the dumpsters.  Chief Costello said this is something that the Association needs to check into.  Chief Costello also noted that some of the residents who live in the development are contractors and some of the homeowners are having construction done on their homes.  Ms. Weniger said she has been advised that  the management corporation at Stover Mill is setting up a surveillance camera on the dumpsters and that should help.  Ms. Weniger also said Chief Costello is looking into other complaints on Stover Road. 

 

†                 Morrisa Peisach, 934 Nathaniel Trail, is concerned about a very steep drop from the back of her home.  Ms. Peisach said she was promised by the builder that it would be fixed in the Spring and is asking how she will know if it is done correctly. 

 

            Dave Connell, Township Engineer, informed Ms. Peisach that the Township Building Inspector would be the individual to help with this specific issue.

 

            Ms. Peisach also asked about the issue of not enough topsoil on the Nathaniel Trail homes and the fact that there are so many “pot holes” in the lawns.  Ms. Peisach referred to  ordinance, No. 2003-04, that requires 10” of topsoil.  Mary Eberle, Township Solicitor, explained that ordinance was adopted after the approval of Ms. Peisach’s development so the requirement is for 6” of topsoil, not 10”. 

 

            Dave Connell, Township Engineer, said this issue was raised two years ago, and there was an independent testing lab hired that did random testing throughout the development.  The amount of topsoil was found to be in compliance with the 6” requirement.  Ms. Peisach said someone should test topsoil depth on her property.

 

            Mary Eberle, Township Solicitor, explained that there are some things the Township has the ability to enforce and there are some things that the Township cannot enforce.  The Township can enforce requirements for things considered public improvements, like streets and sidewalks.  Things that are private improvements, such as a resident’s bath tub, a front lawn, etc. are not things that the Township has the ability to enforce.  The resident needs to call the builder for the private things since the Township cannot, legally, become involved.

 

            Ms. Algeo suggested that Ms. Peisach contact the builder for help with her issues.

 

 

March 7, 2005

page 3 of nine pages

 

 

n       MANAGER’S REPORT:  

 

_ Snow Emergency (exhibit)

 

  Gail Weniger, Manager, stated that Warwick Township was declared in a snow emergency on February 28, 2005 and  this now should be affirmed at the public meeting.

 

Motion by Mr. Thompson to ratify the snow emergency for Monday, February 28, 2005, 1:00 p.m. through Tuesday, March 1, 2005, 1:00 p.m.

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

_ Emergency Management Services – Resolution No. 2005-16 (exhibit)

 

            Lt. Goldberg presented this resolution, which was formerly adopted and is required by state law to be adopted every two years.  The Chair asked that the document reflect Mr. Parrish’s legal first name for his signature. 

 

 

Motion by Mr. Thompson to adopt Resolution No. 2005-16, Emergency Management Services, with correction as noted.

Second to motion by Mr. Parrish

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

           

Motion passed unanimously.

 

 

n       PARKS & RECREATION REPORT:  

 

_ Request for Capital Purchase – Dark Hollow Park Bleachers (exhibit)

 

            Ms. Weniger presented this request from the Parks and Recreation Director, for two sets of bleachers and two player benches for the new portion of Dark Hollow Park.  Ms. Weniger notes there is a question as to whether these bleachers will fit.  Mr. Thompson would like to approve the purchase of both bleachers and if one of them doesn’t fit, it should be moved to the upper fields at Community Park.

 

Motion by Mr. Thompson to approve request of Parks and Recreation Director, dated March 4, 2005, for the purchase of two sets of bleachers and two player benches.

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

 

 

 

 

March 7, 2005

page 4 of nine pages

 

 

n       PLANNING/ZONING REPORT:  

 

_ 2132 York Road (tmp 51-6-3) - Corridor Overlay (exhibit)

 

            Tom Scott, Planning/Zoning, presented this matter, regarding exterior renovation of a commercial building in the York Road Corridor overlay district.  Mr. Scott reported that the Planning Commission, at it’s February 14, 2005 meeting, recommended that the Board of Supervisors grant approval, without conditions.

 

            Mr. Samtmann, owner, explained what he plans for the building, inclusive of changing the sign, replacement of windows, steps, etc.  

 

Motion by Mr. Thompson to approve renovations to 2132 York Road.

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

_ TC Management Preliminary Plan (exhibit)

 

            Mr. Scott presented TC Management Preliminary Plan, explaining that this application is for one building on two lots in Warwick Business Campus.  This is for an H5 contractor use.  Mr. Scott noted that the Planning Commission recommended, at their September 2005 meeting, that the Board of Supervisors grant approval subject to conditions.  Mr. Scott notes the plans have been revised and are for review this evening.

 

            Mr. Chadrow, applicant engineer, referred to CKS’ letter of January 17, 2005 noting all comments have been addressed.  Mr. Chadrow also referred to the Planning/Zoning letter, dated January 30, 2005 and noted that applicant will comply with items 1 through 5.  Item 6 is per the satisfaction of the Township Engineer.  Applicant notes this building will be one use, per item #7, and applicant will comply with item #8.  

 

            There was discussion of whether this is an H5 use, and whether this property would qualify for flex use.  It was noted that the use for this property affects the number of parking spaces required.  Applicant explained that lot 28 will be a garage and lot 26 will have a party wall.  Mr. Thompson asked about lighting.  Mr. Connell notes that since this item was dropped from the CKS review letters, this item has been addressed.  Mr. Thompson asked what a wash area is.  Applicant explained this is an area that contractors use to clean their construction trucks, and also noted that the water is recycled. 

 

            Mr. Parrish asked if the lighting will cause problems with the Country Crossing development, which it borders.  Mr. Connell stated this was the reason for raising this issue initially.  Mr. Connell feels that since the light poles were reduced in height and the bulbs were reduced in intensity, there is no problem. 

 

            Mr. Thompson feels the use has to be clarified and placed on the drawing prior to final approval.

 

Motion by Mr. Thompson to grant TC Management Preliminary approval, subject to CKS’ letter, dated August 24, 2004; CKS’ letter dated January 17, 2005; Public Works Director’s letter of August 17, 2004; Fire Marshal’s letter of August 9, 2004, and Water and Sewer Authority letter of January 26, 2005; the execution of development agreement and staff review letter of January 30, 2005.

March 7, 2005

page 5 of nine pages

 

 

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

_ Pohle – Final Plan (exhibit)

 

            Mr. Scott noted that, the Planning Commission, at there February 14, 2005 meeting, voted to recommend that the Board of Supervisors grant final approval of Pohle project, subject to CKS memo of January 13, 2005; staff review memo of November 11, 2005 and the final plan must be revised to show a Knox box which was a condition of preliminary approval.

 

Motion by Mr. Thompson to grant Pohle Final Plan approval, per CKS letter of January 13, 2005; Planning/Zoning letter of January 11, 2005; Water and Sewer letter of January 7l, 2005, and the Pulte land development agreement of January 3, 2005.

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

n       SOLICITOR’S REPORT:  

 

_ Nestlewood / Morrison Tract – Development Agreement (exhibit)

 

            Mary Eberle, Township Solicitor, presented the Development Agreement and Financial Security Agreement for the Nestlewood / Morrison Tract.  Ms. Eberle explained that this is a development agreement which combines the Nestlewood parcel and the Morrison tract.  Combining these ensures that if one developer fails to construct public improvements, the other developer would be responsible for construction of public improvements.

 

Motion by Mr. Thompson to approve the Nestlewood / Morrison Tract Development and Financial Security Agreements, as presented by the Township Solicitor.

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 Mr. Thompson, Vice Chairman, noting a conflict of interest.

 

_ Heritage Creek, Phase V Dedication (exhibit)

 

            Mary Eberle, Township Solicitor, reported that when the Board took dedication of

Heritage Creek, phases 1 through 4, it included all of the roads except Hamilton and a portion of

Nathaniel Trail.  This evening, the Board is considering taking dedication of the remainder of Nathaniel Trail and all of Hamilton.  Ms. Eberle further explained that the engineer has certified the improvements as complete, financial security has been posted, title insurance policies have been posted and is before the Board for consideration. 

 

 

March 7, 2005

page 6 of nine pages

 

 

            Mr. Thompson asked if there was ample time to fix cracks that were presented to us this evening.  Mr. Connell stated that, in his opinion, all the previously identified areas have been fixed. 

 

            Ms. Peisach notes that 934 Nathaniel still has an “x” on the concrete.  Mr. Devanney states that 933 Nathaniel still has several cracks.

 

            Joe Casey, Mignatti, would like the Township to consider taking dedication this evening and stated that this is the first he has heard of problems.  Mr. Casey reminds that Mignatti has worked with the Township in good faith.   Mr. Thompson agrees that the developer has worked with due diligence, but notes some of the issues are the same as had been presented in the summer.  Mr. Thompson would like to see items addressed before taking dedication.  Mr. Casey reminds that the maintenance bond is in place. 

 

            Mr. Parrish and  Mr. Thompson asked Mr. Connell to verify the list of sidewalk and curb repairs and the Board can address this matter at the next meeting. 

 

            At this time Ms. Algeo resumed her position as Chair.

 

n       ENGINEER’S REPORT:  

 

_ Daniel A. Sine / Spring Dance Hot Tubs – Escrow Release No. 4 (exhibit)

 

            Dave Connell, Township Engineer, presented a request for the Daniel A. Sine/Spring Dance Hot Tubs, Escrow Release No. 4, in the amount of $6,131.25.

 

Motion by Mr. Thompson to approve Daniel A. Sine/Spring Dance Hot Tubs, Escrow Release No. 4, in the amount of $6,131.25 (leaving a balance of $40,439.45).

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

_ Bridge Valley – Application for Permit to Install & Operate a Flashing Warning                                  Device – Resolution No. 2005-18 (exhibit)

 

            Dave Connell, Township Engineer, explained that this permit is for permission to install a 15 mph flashing warning signal along Sugarbottom Road, in front of the Bridge Valley Elementary School.  The installation of this device was part of the land development process and the School District is ready to apply to PennDOT.  It is their financial responsibility to do that application to procure approval from PennDOT and to install the signal, etc., but Warwick must own that signal.

Mr. Connell believes the signal can be installed within a month or so after PennDOT’s approval.

 

Motion by Mr. Thompson to adopt Resolution No. 2005-18, (Bridge Valley – Application for Permit to Install & Operate a Flashing Warning Device), 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.

 

 

March 7, 2005

page 7 of nine pages

           

 

_ York Road (S.R. 0263) & Moland Drive – Application to Install & Operate Flashing Beacon                 – Resolution No. 2005-19 (exhibit)

 

            Mr. Connell reported that this item is for the new Heritage Creek Golf Course community, noting that approval of this land development involves the intersection of a new roadway off of York Road and the land development approval called for a flashing yellow signal.  The financial responsibility for this issue belongs to Mignatti, but Warwick must be the applicant.

 

            Ms. Algeo and Mr. Parrish question using the “Moland Drive” name in that location.

 

Motion by Mr. Thompson to approve Resolution No. 2005-19, York Road (S.R. 0263) & Moland Drive – Application to Install & Operate Flashing Beacon, 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.

 

            Mr. Thompson asked Ms. Weniger to speak with Mignatti regarding “Moland Drive”.

 

n       FINANCIAL REPORT:  

 

_ Bill Payments – March 7, 2005 (exhibit)

           

            Ms. Weniger presented Bill Payments for March 7, 2005, as follows:

 

General Fund

check No. 10842 - 10903

$        121,617.68

 

 

Highway Aid Fund

 

0

Parks & Recreation Fund

1,579.89

check No. 3067 - 3076

 

 

 

Capital Projects Fund

check No. 807

1,565.29

 

 

Open Space Fund

check No. 286 - 287

 

6,254.49

                                                        TOTAL

$        131,017.35

 

Motion by Mr. Thompson to approve Bill Payments for March 7, 2005, as read by Gail Weniger, subject to audit.

Second to motion by Mr. Parrish.

 

            Chair Algeo invited comment or discussion.  There being none, the vote was called.

 

Motion passed unanimously.

 

 

 

March 7, 2005

page 8 of nine pages

 

 

n       OLD BUSINESS:  

 

_ VCII – Discussion

 

            Ms. Weniger notes during discussions of the VCII district, there is a stumbling block regarding impervious surface coverage and it is a point that requires further Board discussion.  .  Ms. Weniger notes the WaWa applicant is here this evening in case the Board has any questions regarding their plan.  Ms. Weniger notes the current plan submitted by Wawa shows 40% impervious surface coverage, not including road improvements and the orginal VC Ordinance permitted 75%.  She notes that her conversations with the individual Board members did not support as high a percentage in the VCII. 

 

After discussion among the Board members and review of the applicants proposed project.  The Board reached a consensus that 45% impervious surface coverage would be acceptable. 

 

            Ms. Weniger asked about what is to be included in the VCII.  Ms. Algeo thought that was decided last month and referred to the minutes.  Ms. Eberle recalls that the Board had wished to go up to, but not including, the Car Wash property.  Mr. Thompson and Mr. Parrish would like it to be limited to the property that they are looking at.

 

            Mr. Thompson asked about the mail boxes along the road.  Chief Costello noted that the placement of the mail boxes is dictated by the Post Master.

 

_ Mr. Thompson asked about continuing the expansion of the Guinea Lane sidewalks and whether the road crew could do this. 

 

            Brief discussion took place as to what may be involved and whether the road crew could handle such a project.  Ms. Weniger reminded Mr. Thompson that the project was 1500 feet of concrete sidewalk and the group did not have expertise with this type and magnitude of sidewalk project.  Although Ms. Weniger understands the wish of the Board to save money, she notes that the time it would take our employees to complete this project would probably negate any cost savings.  In addition,  Ms. Weniger notes the group will be soon busy with Spring mowing and road repairs.

 

n       NEW BUSINESS:   There was no new business.

 

n       PUBLIC COMMENT:  

 

 †      Kevin Wolf, Colony Road, said that he unfortunately was unable to attend the previous meeting when the Board of Supervisors discussed streets in the Germinal Colony.  Mr. Wolf is asking for the results of that discussion. 

 

            Ms. Algeo noted that the Board has decided not to put in a full size road, and will put in a road of 24 feet width, with no curbs or sidewalks.  Mr. Connell added that this will be the standard to be used when a developer comes along for the lots in that area.  Mr. Wolf notes that there are steep slopes on some of the lots. 

 

            Mr. Wolf notes that Colony Road does need some work done on it.

 

†      Greg Mester questioned why home owners are being told that things are their responsibility and not the Township’s.  Mr. Mester wants to know if the Township enforces code requirements.

 

March 7, 2005

page 9 of nine pages

 

 

            Mary Eberle, Township Solicitor, explained that the Township and State enacts building codes in an effort to try and give residents houses that are safe.  The Township requires that builders submit blueprints, there are various times that the property is inspected and at the conclusion of that, it is the Township’s best estimate that the code has been complied with.  A certificate of occupancy is then issued and at that point, the Township is done.  Our legal authority over the construction of the house ends.  The Township does not have the ability to go look back if someone comes in and complains that they think something is wrong or they don’t like it. 

 

†      Lou Zabelski, 922 Hamilton, complained about the cracked concrete in Heritage Creek, and is upset that the Board of Supervisors will take dedication. 

 

            The Board explained that since Mr. Zabelski came into the meeting late, he missed the discussion and was not aware that the Board did not take dedication tonight.  Mr. Connell will add 922 Hamilton to the list to be looked into. 

 

n       ANNOUNCEMENTS:        There were no announcements.

 

n        ADJOURNMENT:

 

            The March 7, 2005, Warwick Township Board of Supervisors’ meeting was adjourned at 8:45 p.m.

                                                                                    Respectfully submitted,

 

 

 

 

                                                                        Gail V. Weniger,

                                                                                    Township Manager/Secretary

 

These minutes were approved at the

Board of Supervisors’ meeting held:  March 21, 2005