REGULAR PUBLIC MEETING OCTOBER 4, 2010

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1 1 REGULAR PUBLIC MEETING OCTOBER 4, 2010 MEMBERS PRESENT OTHERS PRESENT CALL TO ORDER EXECUTIVE SESSION ANNOUNCEMENT Arthur Murphy, President Paul Weiss, Vice President Jerry Batcha, Commissioner Michael Hudak, Commissioner Thomas Nolan, Commissioner Leo DeVito, Township Solicitor Howard Kutzler, Township Manager Doug Bruce, Assistant Township Manager Ron Gawlick, The Pidcock Company Township Engineer Rich Kanaskie, Assistant Public Works Director President Murphy called the meeting to order at 7:25 p.m. and led those in attendance in reciting the Pledge of Allegiance to the Flag. Solicitor DeVito announced that the Board of Commissioners met in executive session pursuant to Section 708 (a) of the Pennsylvania Sunshine Act beginning at 6:30 p.m. this evening (October 4, 2010) to discuss acquisition of real estate and potential litigation. COURTESY OF THE FLOOR CONSTANCE RAMPULLA- Mrs. Rampulla-White asked the Board of Commissioners why the WHITE residents were not notified by mail about this meeting. Solicitor DeVito 5135 WILLIAM PENN HWY. explained that a public notice of all the meetings is done at the beginning of the year and the Township is not required by law to notify each resident. Solicitor DeVito added that anyone can call the Township at any time to inquire about the meetings. Mrs. Rampulla-White stated she is against the V-7 project. Mr. Weiss stated that what is being presented this evening is a sketch plan and when the developer comes in with a preliminary plan for the Planning Commission, adjoining properties will be notified by mail of the Planning Commission meetings. ED ROLLIN Mr. Rollin asked for an explanation of the sketch plan and how he goes 5131 WILLIAM PENN HWY. about opposing this plan. Mr. Rollin stated he is very concerned regarding the safety of the families in the area because of the chaotic traffic in the area of V-7. Mr. Rollin also stated that this plan would be devastating for families who live near the V-7 and also those who pass by. Solicitor DeVito explained that a sketch plan is a concept plan and it is being presented this evening to the Board of Commissioners to get their feelings on the plan. If the plan receives favorable feedback, the developer will go ahead with a preliminary plan and submit it to the Planning Commission for their review. The Board of Commissioners has no idea of what is being proposed because this is the first time they will hear about this plan. Mr. Murphy stated that the Planning Commission meetings are also public meetings and they meet the fourth Monday of each month. LOUISE DEVERY 5131 WILLIAM PENN HWY. Ms. Devery stated she also opposes the V-7 plan.

2 2 MALISSA DAVIS Ms. Davis stated that she came to meeting when the Christmas Barn plan was 4282 WINDSWEPT DR. being discussed and she had the signatures of 100 of her neighbors who opposed the demolition of the barn. Ms. Davis added that she was told to sit down and shut up at the Zoning Hearing Board meeting and she believes it is important for the Board to listen to the citizens. Mr. Batcha commented that the Zoning Hearing Board is a quasi-judicial board and does not allow much input at their meetings; they are more focused on the zoning laws. DON WRIGHT Mr. Wright recommended that those opposing the V-7 plan attend the Zoning 2815 HOPE RIDGE DR. Hearing Board meeting because their comments regarding opposition will be sworn testimony. Mr. Wright also expressed concern regarding the additional traffic from the V-7 plan and asked that the Board be aware of the residents and protect them with berms. Mr. Wright also stated that the developer will need to widen Hope Road for a left turn lane and is concerned that vehicles heading west on William Penn Highway will cut across the highway to access the property. ROY ROTH Mr. Roth stated he must give a vote of confidence to who ever created a water 4323 CHETWIN TERR. park in Chetwin Park and stated that the pond is leeching down gradually. With the heavy rains last week, Mr. Roth stated that the water breached the bike path. The water problem has not been solved and Mr. Roth asked how the Township is going to get rid of the water. Mr. Roth also noted several properties that have not cut their grass all year and questioned why the amended weed ordinance is not being enforced. Lastly, Mr. Roth stated that the bridge on Freemansburg Highway is deteriorating and he was promised 10 years ago that it would be painted. With St. Luke s being developed, Mr. Roth stated this bridge is a bad gateway to the Township. MARK WAGNER Mr. Wagner noted that there are a number of tractor trailers parking overnight 3511 COUNTRY CLUB RD. in the Vineyard and asked that the Township notify the Police Department since the roads in the Vineyard are now dedicated. Mr. Kutzler indicated that he would pass the information onto the Police Department. Mr. Wagner advised that in May 2010 he sold the land and CVS project to Greg Dischinat but he continues to receive legal and engineering billings. Mr. Wagner stated that he does not own the project and is not authorizing any work to be done there. Mr. Wagner further stated that he is not paying any bills for the project and wants it addressed accordingly. Mr. Kutzler responded that the Township is aware of the issue and is working on it, adding he does not expect Mr. Wagner to pay those bills related to CVS. APPROVAL OF MINUTES SKETCH PLAN CHRIN V-7 Upon motion (Batcha-Weiss), the Board of Commissioners unanimously voted by voice vote to approve the minutes of the September 27, 2010 regular public meeting as presented. Greg Elko of Langan Engineering presented a sketch plan for the site of the former V-7 Restaurant. The 16 acre site is located at the Route 33/William Penn Highway/Hope Road intersections and is in the OB District with 2 overlays. Mr. Elko indicated that 4 users are being proposed; a supermarket, retail building, drive-through restaurant and a family restaurant. Feedback has been received from the Planning Commission, The Pidcock Company and staff and Mr. Elko requested input from the Board of Commissioners. Mr. Elko also

3 3 added that he has met with PennDOT and received feedback on the traffic analysis. Mr. Kutzler stated that the Planning Commission reviewed the plan at their September meeting and traffic was an issue. A right-in/right-out only access was recommended for William Penn Highway. Also noted were zoning issues regarding streetscape, screening and low level parking lot lights were recommended. Mr. Kutzler added that the Planning Commission was receptive to the plan. Mr. Batcha stated his concerns are that between Route 33 and Hope Road 611 parking spaces are being proposed and that is not much room to work with. Access and stormwater are also concerns. Mr. Batcha stated that there will be much impervious coverage and questioned where the stormwater would ultimately go and how that stormwater would impact the development of the Township park land. Mr. Batcha also noted the need for buffering between this site and the park land. Mr. Murphy suggested a right-in only access on William Penn Highway with no exiting. Mr. Murphy also suggested that if the park land is developed there be a plan for a future connection for overflow parking from the park land. Mr. Murphy noted that the access on Hope Road is too close to William Penn Highway and should line up with Bayard Street. Mr. Nolan stated that his major concern is traffic as well as stormwater and asked that the developer listens to the concerns of the neighbors. Mr. Kutzler noted that there is concern regarding enforcement of a right-in/right out access and perhaps some type of barrier will be required. This being a sketch plan, not formal action was required. RESOLUTION R A RESOLUTION AUTHORIZING THE SUBMISSION OF THE SEWER FACILITY PLANS FOR ST. LUKE S HOSPITAL AND HEALTH NETWORK BARN/AUDITORIUM REDEVELOPMENT TO THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION Upon motion (Nolan-Hudak), the Board of Commissioners unanimously voted by voice vote to adopt Resolution R as presented, authorizing the submission of the sewer facility plans for St. Luke s Hospital and Health Network Barn/Auditorium Redevelopment to the PA Department of Environmental Protection. MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO ADVERTISE FOR BID THE REMOVAL AND DISPOSAL OF THE HOPE ROAD BARN Assistant Public Works Director Rich Kanaskie asked if there were any questions regarding his September 27, 2010 memo. Mr. Batcha noted that there are 3 separate quotes for just the asbestos removal and then just the barn demolition and then 3 quotes for combining the asbestos and demolition as one project. By combining the asbestos and demolition it adds to the cost. Mr. Kanaskie responded that the Township cannot separate the work in order to alleviate the bidding process. Solicitor DeVito added that if it is all part of the same project, the Township must be careful not to separate the work to avoid the bidding process.

4 4 Mr. Batcha then asked if there is a line item in the budget for this project. Mr. Weiss responded that there was no line item in the budget and suggested that the Board defers this project until the Board can look at it during the 2011 budget process. Upon motion (Weiss-Batcha), the Board of Commissioners unanimously voted by voice vote to table the motion authorizing the Township Manager to advertise for bid the removal and disposal of the Hope Road barn. MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO ADVERTISE FOR SALE APPROXIMATELY 1.1 ACRES OF LAND AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF HOPE ROAD AND FREEMANSBURG AVENUE Mr. Kutzler explained that when Hope Road was relocated the Township acquired right-of-way on the east side of Hope Road/Freemansburg Avenue. When American Bank presented their land development plan the Township granted American Bank easements for access over the Township right-of-way and because the remaining land has no value to the Township Mr. Kutzler is recommending that the remaining land be advertised for sale and sold to the highest bidder. If there are no offers at the appraised value, Mr. Kutzler suggests that the Township then negotiate with American Bank to acquire the property at a cost that will reimburse the Township for appraisal and attorney fees plus an additional amount to be decided by the Board of Commissioners. Mr. Hudak made a motion to authorize the Township Manager to advertise the sale of the remaining land. There being no second to the motion, the motion died. Mr. Batcha stated he has legal questions for the Solicitor and would recommend tabling the motion. Upon motion (Batcha-Hudak), the Board of Commissioners unanimously voted by voice vote to table the motion to authorize the Township Manager to advertise for sale approximately 1.1 acres of land at the northeast quadrant of the intersection of Hope Road and Freemansburg Avenue. PURCHASE ORDER APPROVAL Upon motion (Hudak-Weiss), the Board of Commissioners unanimously voted by voice vote to approve all purchase orders as presented. DISCUSSION ITEMS AFFIRMATION OF THE HOUSENICK COMMITTEE AS THE STEERING COMMITTEE FOR THE MASTER PLAN BEING PREPARED BY PENNONI ASSOC. INC. AND HOUSENICK ESTATE MANSION ASBESTOS REMOVAL Mr. Nolan reviewed the makeup of the Housenick Committee and suggested the Board of Commissioners reaffirm that the Committee is the steering committee for the Housenick Estate. Mr. Hudak agreed, stating that the Housenick Committee already has liaisons from the Board of Commissioners and the Parks and Recreation Committee and he believes it would be a good idea if Pennoni Associates had one entity to go to. That entity should be the Housenick Committee. Mr. Murphy questioned why the Board would have to reaffirm something that they already thought was affirmed. Mr. Weiss stated that he agreed with Mr. Nolan and Mr. Hudak, however, information should be brought to the Board of Commissioners from time to time. Mr. Hudak assured Mr. Weiss that the Housenick Committee would not make any decisions without the Board s approval. Mr. Batcha questioned the process Pennoni Associates and the Committee would follow for the Housenick Master Plan, noting that during the planning process for the Community Center visioning sessions were held that were open

5 5 to the public for their input. Mr. Batcha added that he would like so see at some point during the Housenick Master Plan process, visioning sessions that would include the Board of Commissioners, the Parks and Recreation Committee, the Housenick Committee and the public. Evan Stone of Pennoni Associates responded that would be part of the process and also stated that as material is produced, it could be provided for the Township s website. Mr. Hudak suggested that there be a kick-off meeting with the Board of Commissioners, Parks and Recreation Committee and the Housenick Committee. Mr. Nolan suggested that be discussed with the Housenick Committee at the meeting tomorrow evening, October 5 th, at the Community Center. Mr. Stone stated that part of the process will also be the best use of the mansion and questioned whether the Board wanted to wait on this part of the process until they deal with the asbestos issue. Mr. Stone advised that MKSD is prepared to do what they need to do to evaluate the structure right now. Mr. Weiss noted that asbestos is exposed on pipes, on the ground and wants to see the asbestos removed now, adding that the Township will have to do it either way; whether the mansion is demolished or restored. Mr. Hudak stated he would feel comfortable abating the asbestos that is exposed. Assistant Public Works Director Rich Kanaskie explained that the prices attached to Mr. Grube s September 30, 2010 memo regarding the asbestos removal are for what is exposed now. Mr. Stone asked if it was the Board s preference for MKSD to not do anything inside the mansion until the exposed asbestos was removed but added that MKSD is not concerned about the asbestos. Mr. Hudak stated that he would support Pennoni getting started on the project now. Mr. Murphy stated that he would feel better if MKSD gave the Township something in writing that would hold the Township harmless. It was the consensus of the Board of Commissioners to have the exposed asbestos removed from the Housenick mansion as per the quotes of Mr. Grube s September 30, 2010 memo. HECKTOWN ROAD CROSSING Mr. Kutzler explained that the Township has been approached by Vo-Tech regarding a crosswalk at the intersection of Hecktown Road and Chester Avenue and the Vo-Tech Board has authorized $3, to cover the approximate engineering costs of the project. Mr. Kutzler noted that the Township would do the engineering but questioned who would be responsible should the engineering costs exceed $3, Mr. Batcha expressed his concern that Chester Avenue narrows in this area and until Vo-Tech has an internal pathway, a crosswalk will encourage students to walk on Chester Avenue which would be dangerous. Mr. Batcha stated he wants confirmation from the police department that there is enough reaction time for motorists coming over the crest of the road. Mr. Gawlick of The Pidcock Company stated that the current PennDOT criteria for crosswalks requires certain site distances and this crosswalk does not meet the criteria. The speed limit must be reduced and if there are to be flashing lights, PennDOT approval will be required. Mr. Hudak stated that he has serious concerns regarding safety and Mr. Murphy questioned how Vo-Tech expects students to get to their project across the street. Mr. Kutzler suggested that if Vo-Tech resubmits a plan for their property across the street, the crosswalk be revisited at that time.

6 6 ADJOURNMENT Upon motion (Weiss-Hudak), the Board of Commissioners unanimously voted by voice vote to adjourn the meeting at 8:40 p.m. Respectfully submitted, Judy Todaro Recording Secretary