WARWICK TOWNSHIP

Board of Supervisors’ Public Meeting Minutes

December 20, 2004

 

 

 

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’ December 20, 2004 public meeting, held at the Warwick Township Administration Office, 1733 Township Greene, Jamison, PA., was called to order at 7:00 p.m., by Chair, Judith Algeo.  Ms. Algeo then led attendees in the pledge of allegiance.

 

n        EXECUTIVE SESSION:

           

            Chair Algeo reported that the Board of Supervisors had met in Executive Session prior to this evening’s meeting to discuss open space matters.

 

n        CITIZENS COMMENTS:  

 

n        APPROVAL OF MINUTES:

           

1.         December 6, 2004 public meeting minutes (exhibit)

 

Motion by Mr. Thompson to approve the Board of Supervisors’ public meeting minutes from December 6, 2004, 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        MANAGER’S REPORT:

 

_ Resolution No. 2004-36 Establish Tax Rate Consistent with Real Estate Taxes in 2004            (exhibit)           

 

            Gail Weniger, Township Manager, presented this resolution to address the change and tax rates for 2005. 

 

            Mary Eberle, Township Solicitor, explained that the County has changed the valuation ratio earlier this year and there was an act passed this year, which changes the current or previous law requiring that when a change in the valuation ratio is made by a County, a municipality has to take two separate actions to establish the tax rate for the next year, done by

December 20, 2004

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separate and distinct votes.  There are two resolutions this evening.  The first resolution takes the 2004 tax rate, 13 mils for general fund, and  it conforms with the new valuation ratio. 

 

Motion by Mr. Thompson to adopt Resolution No. 2004-36 to Establish Tax Rate Consistent with Real Estate Taxes in 2004.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ Resolution No. 2004-37 - Establish Real Estate Tax Rates for Calendar Year 2005 (exhibit)

 

   Ms. Weniger presented Resolution No. 2004-37, adopting the tax rate for the year 2005.

 

Motion by Mr. Thompson to adopt Resolution No. 2004-37 to Establish Real Estate Tax Rate for 2005.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

  

_ Resolution No. 2004-38

 

            Ms. Weniger presented Resolution No. 2004-38, which authorizes spending money on open space, tmp 51-017-020, the Feldman property, and authorizes execution of documents for same.

 

            Ms. Algeo notes this a very wonderful thing for Dr. Feldman to do and the property in Rushland is beautiful and it is nice to know it will be preserved.

 

Motion by Mr. Thompson to adopt Resolution No. 2004-37 to authorize spending $558,00 to purchase development rights on the Feldman property, tmp 51-017-020, and authorize execution of documents at settlement of property.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ 2005 Budget – Consider for Adoption (exhibit)

 

            Ms. Weniger presented the 2005 Budget for adoption, noting that this budget has been properly advertised.  Ms. Weniger outlined some minor changes to the budget since it’s advertisement and stated that it is ready for adoption this evening.  Ms. Weniger also spoke of past discussions as to how the Pulte fee in lieu of money will be disbursed and the requests of the Board are reflected in the updated version of the budget. 

 

Motion by Mr. Thompson to adopt Budget for 2005, presented by the Township Manager, with amendments as noted.

Second to motion by Mr. Parrish.

 

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

December 20, 2004

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Motion passed unanimously.

 

_ Appoint Township Auditor (exhibit)

 

            Ms. Weniger reaffirmed that the resignation of Richard Raab from the position of Township Auditor necessitates the Board to take action to appoint an auditor to finish Mr. Raab’s term, expiring December 31, 2007.  Ms. Weniger noted that Mr. A. J. Karalis has submitted a letter of interest for this vacancy, which the Board has reviewed.  Mr. McCarthy, Township Auditor, has spoken with Mr. Karalis and is in favor of his appointment. 

 

Motion by Mr. Thompson to appoint Mr. A. J. Karalis to fill the Township Auditor vacancy left by Dick Raab’s resignation.

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:  

 

_ Ordinance No. 2004-07 –  Parking Rockcress Drive / Stony Road (exhibit)

  

   Mary Eberle, Township Solicitor, noted this ordinance has been legally advertised.   The new ordinance  will allow parking at certain spots on Rockcress Drive and prohibit between 1626 and 1644 on the even side of Rockcress Drive.  It will prohibit parking on Stony Road between Turkey Trot and Meyer Way, but will allow parking between 1602 and 1632 and 1657 and 1719 Rockcress Drive.

 

            Chair Algeo invited comments or discussion on proposed Ordinance 2005-07. 

 

            Mr. Parrish asked when it takes effect.  Ms. Eberle said it would be five days after enactment.  Mr. Parrish asked about the van that parks consistently on Stony Road and how it will be effected.  Ms. Eberle said that “yes” it would effect this vehicle but, the Township will have to post “no parking”, prior to being able to cite anyone for parking there illegally. 

 

            Mr. Thompson asked if there will be exceptions, such as Monday through Friday.  Mr. Thompson is concerned about parking for people when they have a lot of company, and asked if the police will be lenient or continually ticket people.  The ordinance does not address specific dates and times for enforcement, Ms. Eberle noted.

 

Motion by Mr. Parrish to adopt Ordinance No. 2004-07, amending Article IV, Chapter 177, Section 26 of the Warwick Township to adjust parking regulations on Rockcress Drive and to prohibit parking on portions of Stony Road, as presented by the Township Solicitor.

Second to motion by Ms. Algeo.

 

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

 

Motion passed.  (B. Parrish, J. Algeo – in favor; E. Thompson – opposed)

 

            At this point, Chair Algeo turned the meeting over to Mr. Thompson.

 

_ Heritage Creek Dedication (1A & 1C, Phase 1B, Phase 2A, Phase 2C, Phase 3 and

                        Phase 4) exhibit

December 20, 2004

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            Resolution No. 2004-39 (Alexander Lane)   Resolution No. 2004-44 (Nathaniel Trail) (ph4)

            Resolution No. 2004-40 (Conway Court)     Resolution No. 2004-45 (Scott Place) 

            Resolution No. 2004-41 (Harrison Lane)     Resolution No. 2004-46 (Sterling Street)  

            Resolution No. 2004-42 (Laurens Lane)      Resolution No. 2004-47 (Tulip Road) 

            Resolution No. 2004-43 (Maxwell Manor)              

  

            Mary Eberle, Township Solicitor, explained that this has been going on for sometime and the Township Engineer has certified the public improvements as complete.  The developer has presented financial security for the 18 month maintenance period, has provided deeds of dedication for the roadways within phase 4 and has provided title insurance policies for those roadways, so from the Township’s standpoint, the project is ready for dedication.  Ms. Eberle noted that Hamilton Way is completely in phase 5 and will not be dedicated.  Nathanial Trail is partially in phase 4 and phase 5, with the legal descriptions describing the portion in phase 4.  The other portion of Nathanial Trail will be dedicated in phase 5.

 

            Mr. Thompson invited public comment.

 

            Dick Rooney reminded a letter was sent to the Township Manager regarding street trees, basin 7, etc.   In summarizing the letter, Ms. Weniger stated that the issues included question such as was what dates there will be maintenance money available; which things are public improvements vs. which things are not; which improvements will be dedicated to the Township, and what issues are not covered with the maintenance fee.  Ms. Weniger shared that the residents are specifically concerned that basin 7 will not function properly and snow plowing will be problematic. 

 

            Mr. Gable stated  concern with a coating that was applied onto concrete surfaces and the fact that it will make the concrete slippery.  Dave Connell, Township Engineer, explained that concrete surfaces are coated with a sealant, which is a fairly standard practice, which is to prevent flaking and spalling.  Mr. Connell doesn’t believe it will cause standing water.  Joe Gable said that water is beading and has frozen.   Mr. Gable also states concrete aprons marked to be fixed has not been fixed.  Irene Lump, Maxwell Manor, said her apron has been marked but not been fixed and was told it would be fixed prior to dedication.   Mr. Thompson suggests the grouting could be covered in the maintenance agreement.  A resident has a problem with building developments in phases, that this creates problems, specifically with snow plowing .  Ms. Eberle explained that the law doesn’t allow us to require  dedication as a whole. 

 

            Herman Bell thanked the Township Engineer for doing his job and stated that basin 7 has now been made to look attractive.  Mr. Bell asked if there is more work needed on the basin.  Mr. Connell pointed out that this had always been on the list to be done.  Yes, the work is done and the main issue was that it was not holding water.  Mr. Connell reminded that there is the 18 month maintenance bond, and if needed, Mignatti would be given the opportunity to correct it.

 

            Mr. Thompson requested the Township Engineer to research the sealant that has been used on the concrete and ask the developer to hold off using it.  Mr. Connell will research this issue. 

 

            There was discussion as to whether there are missing sheets to the plans.  During this discussion, Mr. Gable asked that the homeowners receive a complete set of plans, specifically landscaping of the community and the Marquee club.  Ms. Weniger also requested a complete set of plans for the Township.  Mr. Casey will see to it that this request for plans is answered. 

 

            Also discussed was the name of Alexander Lane vs. Alex Lane.  Ms. Eberle noted that the motion can be made this evening to accept Alex Lane, but the documents will need to be revised, specifically for presentation to PennDOT.

 

December 20, 2004

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Motion by Mr. Thompson to accept Heritage Creek  (Phase 1A & 1C, Phase 1B, Phase 2A, Phase 2B, Phase 2C, Phase 3 Phase 4) dedication of the following:

Resolution No. 2004-39 (Alex Lane)          Resolution No. 2004-44 (Nathaniel Trail) (ph4)

Resolution No. 2004-40 (Conway Ct)     Resolution No. 2004-45 (Scott Place) 

Resolution No. 2004-41 (Harrison Ln)   Resolution No. 2004-46 (Sterling Street)  

Resolution No. 2004-42 (Laurens Ln)    Resolution No. 2004-47 (Tulip Road) 

Resolution No. 2004-43 (Maxwell Manor)                   

Second to motion by Mr. Parrish.

 

            Vice Chairman Thompson invited further 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.

 

_ Resolution No. 2004 – 48 (no exhibit)

 

            Mary Eberle, Township Solicitor, noted this item is not listed on the agenda.  Ms. Eberle stated that at the last meeting, there was lengthy discussion about the new tax that will be generated as a result of the referendum at the primary election, with the following resolution reflecting the tax. 

 

Motion by Ed Thompson to approve Resolution No. 2004–48, regarding allocation of proceeds generated by the increase in property tax authorized by the referendum of the electoral in the primary election of 2004.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

n        ENGINEER’S REPORT:    There was no Engineer’s report this evening.

 

n        PLANNING/ZONING REPORT: 

 

            Gail Weniger, Township Manager, noted that we will table the second item, Discussion of Harmony Lane issues per discussion with the individual Board members and requests for further information that is needed.

 

_ Pohl – Preliminary Plan (exhibit)

 

            Tom Scott, Planning/Zoning, presented this application and noted that at their November 8, 2004 meeting, the Planning Commission recommended approval subject to certain conditions which resulted in a revised plan, which has been reviewed the Township Engineer.

 

            Ed Murphy, Chadrow Engineers, was present for applicant.

 

            Dave Connell, Township Engineer, summarized this project, a combination of two lots and a construction of two contiguous buildings.  Mr. Connell spoke of the infrastructures serving these lots not being completed, but believes the roads to be in a passable condition now. 

 

            Mr. Thompson asked why there is five feet between buildings.  Mr. Connell states he thinks it is a fire safety issue, i.e., access for firefighters.  Ability of a tractor trailer to move

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around and parking were briefly discussed.  Mr. Murphy notes that a tractor trailer will be able to move around the property and also notes that applicant has gone beyond  parking requirements.

 

Motion by Mr. Thompson to grant preliminary approval for Pohl (LD04-03) subject to certificate of occupancy permit will not be issued for any units until Township Engineer determines that the industrial park public improvements are completed to the point necessary for occupancy; unit spaces within both buildings shall not be further subdivided, knox boxes for emergency services will be required, as well as small room with access to interior fire alarm panel.

Second to motion by Mr. Parrish.

 

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

 

Motion passed unanimously.

 

_ Harmony Lane – Review of road issues

 

  Janet Germiller states she has driven a long distance to participate in this discussion this evening.   Mary Eberle, Township Solicitor, notes there is litigation pending, and advised the Board of Supervisors not to discuss Ms. Germiller’s particular case in public.  Ms. Eberle stated that there is a resolution to the matter that will be relayed to Mr. Vining’s attorney first thing in the morning.  Ms. Eberle explained that the Board is still gathering information, which is the reason this is being tabled.

 

            Tom Godfrey, Harmony Lane asked if the resolutions from the meeting will be a matter of public record.  Ms. Eberle said yes. 

 

            Mr. Thompson explained that we need to assure access to this area with emergency vehicles in the future.  

 

            Mrs. Germiller gave a letter with her comments to Chair Algeo.

 

_ Fee Schedule Amendments – Discussion

 

            Tom Scott, Planning/Zoning, presented proposed fee schedule amendments for 2005, concerning road opening permits for a thorough fare owned by the Township. 

 

            Mr. Thompson voiced a concern of one person being responsible for one project from the beginning to the end.  Mr. Connell agrees with Mr. Thompson, but notes that CKS’ relationship with the Public Works Director and other Township staff works very well.  CKS will be available for consultation on this project to the level required by the municipality.

 

            After brief discussion, the Board was in consensus to agree to these proposed amendments to be included in the 2005 fee schedule for adoption.

 

n        FINANCIAL REPORT: 

 

_ Bill Payments – December 20, 2004 (exhibit)

 

            Ms. Weniger presented the Bill Payments for December 20, 2004 as follows:

 

General Fund

check No. 10544 – 10602                         $     65,247.79   

 

December 20, 2004

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Highway Aid Fund                                              

check No. 2383 - 2387                                         $       1,522.85

 

Parks & Recreation Fund

check No.  3008 - 3019                                        $        8,845.45

 

Capital Projects Fund

check No. 793 – 799                                            $       27,233.29

 

Open Space Fund          

check No. 279                                                     $          336.00

 

                                    Total                             $    103,185.38

 

Motion by Mr. Thompson to approve Bill Payments for December 20, 2004, as prepared by Rose Christie, Finance Director and presented by the Township Manager, subject to audit.

Second to motion by Mr. Parrish.

 

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

 

_ Treasurer’s Report – December 2004 (exhibit)

 

            Ms. Weniger presented the October 2004 Treasurer’s Report as follows:

 

General Fund

2,979,688

Firehouse and Equipment

650,177

Road Machinery Fund

152,890

General Obligation / Sinking fund

4,340,728

Open Space Fund

320,604

Capital Projects Fund

243,496

Highway Aid Fund                                             

36,155

Park and Recreation

627,362

Capital Reserve

614,260

                                                                                                                                               

                                                                                    Total                $9,965,360

 

Motion by Mr. Thompson to approve the Treasurer’s Report for November, 2004, as prepared by Rose Christie, Finance Director and presented by the Township Manager, 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.

 

n        OLD BUSINESS:

 

_ Mr. Thompson asked about old escrows amounts listed on the financial report.  Ms. Eberle explained that given the age of some of these, we can probably transfer these into the general fund.  She will review the status and ages of the accounts with the Manager.

 

 

 

December 20, 2004

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n        NEW BUSINESS:

 

_ Mr. Thompson asked about utility pole relocation at Bristol Road and Mearns Road from PECO.

 

            Ms. Eberle said we had agreed with the developer that the nature of road improvements to that intersection were, in large part, a public improvement as opposed to a private improvement to benefit a development.  PECO did not agree and said that this is a development and therefore they will charge the developer for relocation of the poles. 

 

_ Mr. Thompson referred to a letter from Verizon about fiber optic lines.  Mr. Thompson feels the notification is short notice. 

 

            Mr. Parrish asked, if they come in on an undedicated street and disturb them, what makes sure they put them back in good order.

 

            Mary Eberle, Township Solicitor, said that is a legitimate concern and suggests requiring a performance bond to cover damages to private and public roads.  It was also noted that the Homeowners association should be at the pre-construction meeting.  Ms. Eberle will notify Verizon of a need for increased notification time, and a pre-construction meeting.  During this discussion, it was noted that the fee schedule road opening section will address this matter. 

 

_ Mr. McCarthy is asking about getting rid of the 25 mph signs along Guinea Lane to make it a consistent 35 mph.  Ms. Weniger notes those signs belong to another municipality and that we have previously requested removal.  Ms. Eberle notes that Chief Costello has been asked about this previously.  Ms. Weniger will consult with Chief Costello and if the signs are in Warrington, will send a letter on behalf of the Board of Supervisors requesting removal.

 

n        ANNOUNCEMENTS:

 

            Ms. Weniger noted that the Township Administrative Offices will be closed on Friday, December 24 and Monday December 27 for the holidays.

 

n        ADJOURNMENT:

 

            The Warwick Township Board of Supervisors’ December 6, 2004 Public Meeting was adjourned at 8:38 p.m.

 

                                                                                    Respectfully submitted,

 

                                                                                   

 

                                                                                    Gail V. Weniger,

                                                                                    Township Manager

 

 

These minutes were approved at the

Board of Supervisors’ meeting held: January 18, 2005

 

 

 

 

 

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 [LjG1]Resolution for Monroe??