PLUMSTEAD TOWNSHIP BOARD OF SUPERVISORS Meeting Minutes The public meeting of the Plumstead Township Board of Supervisors was held on Tuesday, at 7:30 p.m. at the Plumstead Township Municipal Building, 5186 Stump Road, Plumsteadville, PA., Present: Frank Froio Stacey Mulholland Wayne A. Stork Daniel Hilferty Thomas Alvaré Jonathan J. Reiss, Esq. Timothy Fulmer Carolyn McCreary Chair Vice Chair Secretary Treasurer Member Township Solicitor Township Engineer Township Manager Chairman Froio called the meeting to order at 7:30 p.m. with the Pledge of Allegiance. CALENDAR AND ANNOUNCEMENTS: The Veterans Ad Hoc Committee meets on September 12. The Historic Advisory Committee meets on September 19. Mr. Froio reminded everyone that there will be a community blood drive at the Township Building on Friday, September 16 and to see the Township website for more details. He also announced that there will be a meeting at the Tinicum Township Building on September 28 to provide information on the proposed revisions to the Flood Insurance Rate Maps and the National Flood Insurance Program. Mr. Alvaré advised the Board and those in attendance that a stream cleanup is scheduled for Saturday, September 10. He stated that this was a joint effort of the EAC and the North Branch Watershed. Volunteers are to meet at Groveland Elementary School. PUBLIC COMMENT: Sheree Cote, 4945 River Road, thanked the Board for their adoption of the resolution supporting the educational efforts of the Lower Delaware and Scenic Organization. She also cited the work of Chief Hasenauer, Officer Lastowka and the Township road crew for all the work they did in assisting her and other residents during Hurricane Irene. RECOGNITION: The Board of Supervisors publicly recognized the work of Morgan Bock, a resident and Girl Scout who trained the Police Department in American Sign Language. Ms. Mulholland stated that Congressman Michael Fitzpatrick had heard of Morgan s Girl Scout Project and her efforts to assist other hearing impaired individuals who may be in need of emergency assistance. She presented Morgan with a Congressional Commendation and a U.S. flag which had been flown over the Capitol Building in Washington D.C. On behalf of the Township, Ms. Mulholland presented Morgan with a laminated copy of the newsletter article outlining her project along with a gift from the Township to show the Board s appreciation. Congressman Michael Fitzpatrick arrived later in the evening to present Chief Hasenauer with Congressional Commendations and U.S. flags that had been flown over the Capitol Building for both him and Officer Joseph Lastowka for their efforts in assisting residents on River Road whose property had been flooded and whose driveway was so damaged that they could not get off their property to safety. He stated that it was the actions of Chief Hasenauer and Officer Lastowka that prevented injury to the homeowners and even more damage from the canal waters to their property. Congressman Fitzpatrick stated he saw the damage first-hand and spoke to the property owners who also expressed their sincere appreciation for the work of these two men. ENGINEER S REPORT: Timothy Fulmer, P.E. 1. The Calhoun Co., Inc.-EDU Request: Mr. Fulmer reviewed the recent history of requests concerning this property, reminding the Board that the last potential buyer sought to convert the building into six apartment units and sought the necessary EDUs to do it. He advised the Board that upon learning of the Board s desire
Page 2 of 5 to see proof of ability to meet the parking requirements, the potential buyer did not follow up on the matter. Mr. Fulmer indicated that Mr. Calhoun, who was present, was seeking three additional EDUs for the purpose of converting the building into four apartments. Mr. Fulmer stated that Mr. Calhoun was aware that he needed to purchase the EDUs from Bucks County Water and Sewer Authority and execute whatever agreements they may require. Mr. Froio asked if the Board had requested architectural details in the past from other potential buyers. Mr. Calhoun stated it was his intention to leave the architectural look of the building as is, in order to fit in with the village area. Motion by Ms. Mulholland, seconded by Mr. Alvaré to approve the request for three additional EDUs conditioned on Mr. Calhoun s statement that the architectural appearance of the existing building would not be substantially changed as part of the conversion to apartments. With no additional comment, all voted in favor. 2. 4877-4879 Stump Road - Parking Issues: Mr. and Mrs. Ianiero came before the Board concerning continuing parking problems they are having at this property. They explained to the Board that this is an investment property which has 19 parking spots per the plan, but their location is not specifically identified. There are unanswered questions about parking on the access easement and actual ownership of the right-of way. Additionally, the Ianieros indicated that a judge had found in favor of the HOA, but they were appealing it. Board consensus that this was a private property matter between the Ianieros and the neighboring Homeowners Association (HOA). 3. PennDOT Maintenance Facility-Final Plan: Mr. Fulmer presented his review letter dated 08/17/11 accompanied by the review letters from Gilmore & Associates (Township s Water Engineer) dated 08/15/11, and Stubbe Consulting LLC (Township s Lighting Consultant) dated 08/16/11. He reminded the Board that the project was granted conditional preliminary approval and the Planning Commission has recommended final approval. Mike Moscarillo of ANG Associates appeared on behalf of the applicant with site drawings for the benefit of the Board and those in attendance. Mr. Alvaré asked about the proposed truck washing and whether or not this would go onto the road, possibly affecting groundwater in the area. Mr. Moscarillo stated the water would go directly into the sanitary sewer system. Nick Martino, the Regional Maintenance Chief with PennDOT was also in attendance and reiterated the department s commitment to work on a funding mechanism for the Township s costs relating to the paving of Potters Lane and Township Line Road. He stated that PennDOT could not actually perform the work on a municipal road. Motion by Mr. Alvaré, seconded by Ms. Mulholland to grant conditional final approval for the PennDOT Maintenance Facility subject to all outstanding issues in the C. Robert Wynn Associates letter dated 08/17/11, the Gilmore & Associates letter dated 08/15/11 and the Stubbe Consulting LLC dated 08/16/11 being satisfactorily addressed, prior agreements with PennDOT concerning the paving of Potters Lane and Township Road being upheld, continued maintenance of the Danboro facility, restrictions on truck traffic exiting the property utilizing Route 611 with no left turns from the site being permitted, and subject to all the conditions of the preliminary approval. With no additional comment, the vote was 4-1 with Mr. Froio dissenting. 4. Pickering Subdivision Capital Contribution: Mr. Fulmer stated that this project had received the approval of the Board of Supervisors. However, he advised the Board that the Pickerings were requesting that the Board reconsider the amount of capital contribution that is required to be deposited with the Township. Mr. Fulmer indicated that the Pickerings consultant had prepared an estimate, but failed to include the curb, sidewalk and bicycle paths so he prepared an estimate which would totaled $21,700.00 and would require a capital contribution of $10,850.00 which represents 50% of the value of the improvements. Board consensus was requirement must be the same for everyone, but recognized that this could be perceived as onerous to smaller developers. The Board agreed to accept $10,000.00 which would represent 50% of the cost as calculated by the Pickerings consultant. Motion by Mr. Alvaré, seconded by Ms. Mulholland to accept a fee in lieu of capital contribution in the amount of $10,000.00. With no additional comment, all voted in favor. 5. Magill Subdivision-Waiver of Financial Security: Mr. Fulmer advised the Board that Stephen Harris, Esq. who is the attorney representing Mr. Magill sent a letter to Mr. Reiss seeking the Township s approval to record the plans without the financial security being posted. Mr. Harris correspondence suggested that a condition of the plan recordation be that no zoning permit be issued for any of the lots until the financial security is posted. Both Mr. Reiss and Mr. Fulmer expressed concern about the burden this would put on Township staff as it represents a departure from normal Township practice. Board consensus was to deny 2
Page 3 of 5 the request and require financial security prior to plan recordation. SOLICITOR S REPORT: Jonathan J. Reiss, Esq. 1. Public Hearing-Amendment to Ordinance Revising Parking Regulations: Mr. Reiss reviewed the language of the proposed ordinance amendment, stating that this would remove the parking restrictions from Airport Blvd. and Cross Keys Drive. He stated that the ordinance had been properly advertised with a legal notice being posted on the Township bulletin board and a copy of the ordinance available for inspection in the Administration Office. Mr. Froio opened the hearing for public comment, there being none the hearing was closed. Motion by Ms. Mulholland, seconded by Mr. Hilferty to adopt Ordinance 2011-04. With no additional comment, all voted in favor. 2. Public Hearing-Amendment to Fireworks Ordinance: Mr. Reiss reviewed the language of the proposed ordinance amendment, stating that this would remove the $1 million bond requirement, while retaining the $2 million general liability requirement. He stated that the ordinance had been properly advertised with a legal notice being posted on the Township bulletin board and a copy of the ordinance available for inspection in the Administration Office. Mr. Froio opened the hearing for public comment, there being none the hearing was closed. Motion by Mr. Alvaré, seconded by Mr. Hilferty to adopt Ordinance 2011-05. With no additional comment, all voted in favor. 3. Noftsger Major Subdivision: Mr. Reiss informed the Board that the plans and all the required documents are available for their signature this evening. 4. Truck Lease Ordinance: Mr. Reiss sought Board approval to authorize the advertisement of the proposed ordinance which would increase the indebtedness of the Township in the amount of $140,535.00 for the lease/purchase of a dump truck with snow plow. Ms. McCreary stated that the annual payment was included in the 2011 budget. Motion by Ms. Mulholland, seconded by Mr. Hilferty to authorize the advertisement of the proposed ordinance. With no additional comment, all voted in favor. 5. Zoning Hearing Board Application-Meininger: Mr. Reiss advised the Board that this application is for a property located at 5181 Meadowbrook Place and concerns the placement of solar panels on an existing rooftop. Board consensus was to have the Zoning Hearing Board hear the testimony in the case and make a decision based on it. 6. Proposed Ordinance to Amend Zoning Map: Mr. Reiss sought Board authorization to send the proposed ordinance to the Bucks County Planning Commission and the Township Planning Commission for review and to advertise for a subsequent public hearing. Motion by Mr. Alvaré, seconded by Mr. Stork to authorize the review and advertisement. With no additional comment, the vote was 4-1 with Mr. Hilferty dissenting. 7. Autumn Preserve Subdivision: Mr. Reiss informed the Board that all the required documents are available for signature. 8. Heritage Building Group: Mr. Reiss informed the Board that his office had filed a petition to enforce the 1997 settlement agreement in Federal Court, with the matter being argued and briefed. He stated that the Court had ruled against the Township s petition and the Township has thirty days to appeal the matter to the Third Circuit Court of Appeals. Motion by Mr. Stork, seconded by Ms. Mulholland to file the appeal. With no additional comment, all voted in favor. 9. Hellerick Stormwater Management Agreement: Mr. Reiss presented the document for the Board s consideration, stating that it was in order. Motion by Ms. Mulholland, seconded by Mr. Froio to approve the Stormwater Management Agreement. With no additional comment, all voted in favor. ADMINISTRATIVE REPORT: Carolyn McCreary, Township Manager 1. Professional Services Agreement: Ms. McCreary presented the Board Authorization Voucher Request #1 dated 06/17/11 for the DiPalma Land Development in the amount of $126,842.90. She explained that this had not been previously submitted to the Township. Motion by Mr. Alvaré, seconded by Mr. Hilferty to approve the Authorization Voucher Request. With no additional comment, all voted in favor. 2. Regional Police Study Letter of Intent: Ms. McCreary presented the Board with Resolution 2011-22 which if adopted would express the Township s desire to participate in a regional Police study committee. She stated that at the committee s last meeting it was suggested that in addition to having the Chair sign the Letter of Intent, a resolution be adopted supporting same. Mr. Hilferty inquired about the position of the 3
Page 4 of 5 elected official on the committee, and Mr. Froio stated that he would serve on behalf of the Township since he is the Board liaison for emergency services. Mr. Alvaré stated he would attend in Mr. Froio s absence. Motion by Mr. Alvaré, seconded by Ms. Mulholland to adopt Resolution 2011-22. With no additional comment, all voted in favor. 3. Fire Tax Referendum: Ms. McCreary informed the Board that she had been contacted by the Board of Elections advising her that their Solicitor believed the referendum question was not entirely clear and suggested the Township amend the language and resubmit it. She explained that she added the fire tax up to 2.6 mills so voters would understand the question better. She advised the Board that this was the last chance to adopt the resolution because it was due at the Board of Elections on Thursday, September 9. Mr. Froio took the opportunity to inform the Board of his plan to form a panel to work with an outside consultant to review the operations and service areas of the Township s volunteer fire companies. He stated the thought was to have the committee be comprised of two Supervisors, the Chief and an Officer from each fire company, and a resident with experience in emergency services who is not affiliated with either fire company. He stated he had discussed this with representatives from both fire companies who supported it along with the proposed fire tax referendum. He indicated they would like him to serve on the committee along with Mr. Stork. Mr. Froio asked Ms. McCreary to prepare a resolution establishing the committee for Board consideration at their September 20 meeting. Motion by Ms. Mulholland, seconded by Mr. Alvaré to adopt Resolution 2011-23. With no additional comment, the vote was 4-1 with Mr. Hilferty dissenting because while he supports the idea of a committee, he doesn t believe an increase in the fire tax should be placed before the voters, but be a Board decision. 4. Professional Services Agreement-5749 Rodgers Road: Ms. McCreary presented the agreement for Board consideration, noting that this is for a single-family dwelling. Motion by Mr. Hilferty, seconded by Ms. Mulholland to accept the professional services agreement. With no additional comment, all voted in favor. 6. Sawmill Road Bridge Repair: Ms. McCreary advised the Board that the bid opening took place on August 31 with three complete bids received. She reminded the Board that the damage to the bridge was the result of a single motor vehicle accident. She stated the amount of the repair would be paid by the driver s automobile insurance carrier. Motion by Mr. Hilferty, seconded by Mr. Stork to award the bid in the amount of $46,280.00 to Bi-State Construction, the lowest responsible bidder with a waiver of the formality of attaching Attachment #1. With no additional comment, all voted in favor. Ms. McCreary stated she had one item for Executive Session, involving land preservation. PAYMENT OF BILLS: Motion by Mr. Hilferty, seconded by Mr. Stork to approve the bills list dated 09/06/11 subject to audit. With no additional comment, all voted in favor. The amounts reported on the bills list are as follows: General Fund - $221,889.91, Water Fund - $22,896.92, State Liquid Fuels Fund- $3.720.31, Local Services Tax Fund - $6,914.63, Open Space Disbursement Fund - $2,163.82, Developers Escrow Fund - $14,604.98, Construction Escrow Fund- $10,850.00, Zoning Hearing Board Escrow Fund - $722.00 APPROVAL OF MINUTES: Motion by Ms. Mulholland, seconded by Mr. Alvaré to approve the minutes dated 08/16/11. With no additional comment, all voted in favor. OLD BUSINESS: None NEW BUSINESS: None ADJOURNMENT: Motion by Ms. Mulholland, seconded by Mr. Alvaré to adjourn into Executive Session at 10:00 p.m. With no additional comment, all voted in favor. 4
Page 5 of 5 Respectfully submitted, Carolyn McCreary Township Manager Date approved: 5