MINUTES
THORNBURY
TOWNSHIP BOARD OF SUPERVISORS
WEDNESDAY,
MARCH 3, 2004
William A. Lovejoy, Chairman Jay Uradnisheck, Supervisor
The Board of Supervisors of Thornbury Township, Delaware
County held a public meeting on Wednesday, March 3, 2004, at the Township
Administration Building, 6 Township Drive, Cheyney, PA. The meeting was called to order at
7:00 p.m., by Chairman Lovejoy.
PRESENT:
William
A. Lovejoy, Chairman
Spiros E.
Angelos, Vice-Chairman
Jay
Uradnisheck, Supervisor
Deborah
Perry, Administrator
Robert P.
Anderman, Esq., Township Solicitor
Elizabeth
A. Catania, PE, Township Engineer
James C.
McCann, PE, Sewer Engineer
H. Fred
Read, Public Works Director
John
Kinsey, Code Director
Mr. Lovejoy advised that before we go forward with the
Agenda tonight, we need to discuss a matter of extreme importance. Mr. Lovejoy called on Mr. Angelos to comment.
Mr. Angelos advised that the Delaware County Council
appointed him the Director of the Public Defenders Office. As part of this appointment, and under the
public defenders act, he is not allowed to hold a public office where there is
compensation given. He advised that he
looked into alternatives, but the Act clearly states that he must resign his
position. Yesterday, prior to being
appointed, Mr. Angelos gave Mr. Lovejoy his resignation.
In closing, Mr. Angelos stated that while he was supervisor
he gained admiration for the two gentlemen who sit next to him, they work late
nights, go to numerous meetings, make decisions, etc., then stated that it has
been an honor to serve in Thornbury Township.
Mr. Lovejoy accepted the resignation, on a motion by
Jay Uradnisheck, seconded by William Lovejoy and unanimously approved to accept
the resignation of Spiros Angelos, effective March 2, 2004.
Mr. Lovejoy and Mr. Uradnisheck stated that they enjoyed
working with Mr. Angelos. Mr. Lovejoy
explained that this leaves us in position of being down one
supervisor.
MINUTES
– BOARD OF SUPERVISORS MEETING
WEDNESDAY,
MARCH 3, 2004
Mr.
Anderman advised that Second Class Township Code states the present two
Supervisors
have the right to appoint the next supervisor.
However if the two
remaining
Supervisors do not come to an agreement on an appointment, the
Vacancy
Board goes into effect. The Township
Elector becomes the 3rd vote,
then the
Board has fifteen (15) days to appoint a Supervisors. If the Vacancy
Board
cannot agree on an appointment, a petition must be filed to the Court of
Common
Pleas, where a Judge will appoint the Supervisor. This Board member
will
serve until November 2005, then the seat will be open to a four-year term.
Mr. Lovejoy called for an Executive Session to discuss
perimeters, etc., prior to a vote. Mr.
Anderman advised that discussions should be in Executive Session to discuss
personnel issues of a candidate, however the actual deliberations have to be
done during the public session. Mr.
Uradnisheck asked if it would be appropriate for Mr. Anderman to attend this
short Executive Session.
7:30 p.m.
Mr. Lovejoy advised that this appointment would be
discussed at our next work session.
Since Mr. Uradnisheck must go overseas, the Work Session on the 17th
needs to be rescheduled. work session –
Mr. Uradnisheck will not be present, so Mr. Uradnisheck rescheduled – 7 p.m.
March 23rd
On a motion by Jay Uradnisheck, seconded by William Lovejoy
and carried unanimously to reschedule the March Work Session of the Board of
Supervisors from March 17th to March 23rd at 7:00 p.m.
(Tuesday night), and further authorize the Township Administrator to advertise
same. The appointment of new
Supervisors will be the first topic of the evening.
On a motion by Jay
Uradnisheck, seconded by William Lovejoy and carried unanimously to approve the
Treasurer’s Report as read.
On a motion by Jay Uradnisheck, seconded by William Lovejoy
and carried unanimously to approve the General Fund Check Register in the
amount of $11,544.12.
MINUTES
– BOARD OF SUPERVISORS MEETING
WEDNESDAY,
MARCH 3, 2004
On a motion by Jay
Uradnisheck, seconded by William Lovejoy and carried unanimously to approve the
minutes of the Public Meeting of February 4, 2004.
On a motion by Jay
Uradnisheck, seconded by William Lovejoy and carried unanimously to approve the
minutes of the Amendments to the Bed & Breakfast Ordinance Public Hearing
held on Wednesday, February 4, 2004.
M
Mr. Lovejoy advised that a public hearing is scheduled for
Wed March 17th on amendments to the Planned Apartment District. Mr. Lovejoy stated that he would come in that
evening, open and immediately continue the hearing. Mr. Anderman and Mr. Lovejoy will need to be
here.
Mrs. Cannon stated that members continue to discuss the
signage for Martin Park and Palmer Arboretum.
Members also continue to work on the park brochures. Upcoming Programs include the Easter Egg Hunt
and Skyhawk Camp this summer; however there will be a cut off date and
number. Mr. Anderman discussed a
contract with Skyhawks. Mrs. Cannon
will look into this.
Mr. Carbutt advised that they did received bids on the
signage on the Frazer Ruins, which were not of equal value; therefore they must
have vendors resubmit.
Historic Ordinance – was recommended by the Board and Mr.
Kynett is making the final revisions.
Mr. Bulkley advised that members reviewed:
Blantyre Subdivision - and recommended preliminary approval.
Balderston Subdivision –
discussed the layout in the J2 Zone, showing 40 homes. Mr. Vaughan, Developer, held a meeting with
the Tanguy Homestead to discuss this plan.
They are following the clustering concept and buffering.
MINUTES
– BOARD OF SUPERVISORS MEETING
WEDNESDAY,
MARCH 3, 2004
PLANNING COMMISSION
REPORT - continued
Comprehensive Plan Review –
Chapter 13, the first review has been completed, however members will review
this chapter once again.
Mr. Uradnisheck discussed the Blantyre Subdivision
sidewalks, and asked if members discussed this issue. Mr. Bulkley advised that members felt that
this subdivision did not need these.
Mr. Bulkley advised that members also welcomed their new
member to the Planning Commission, Jim Kelly.
George Morley, Stone Ridge Road –
discussed the public hearing on the Balderston Tract and questioned when it
will come on the agenda on the 23rd.
Mr. Lovejoy advised immediately after the Board vacancy.
Mr. White advised that members have been discussing:
A.
open space, undeveloped in the township. There are two substantial
properties, members walked both properties;
B.
working on a
presentation on traffic calming to be presented to the
new traffic committee;
C- Adopt-A-Trail Program - Members hope to get
the word out about this
Program.
An article will be in the next Newsletter;
D-
met an Eagle
Scout to do a site inspection along the Creek;
E-
also
investigating Exceptional Value for the Chester Creek;
F-
sewer Line
clearing along the creek; wood chip donation; and a pool
of water near the Locksley Road
crossing.
Mr. Uradnisheck feels that it is better to send a letter to
discuss this at the next meeting.
Mr. Sgro stated that a hearing was held on March 1st
on the appeal of Gary Zang for a variance from the rear yard setback
requirements of Section 43 of the Zoning Ordinance. The property is located at 8 Watersmeet
Circle. This variance was granted.
MINUTES
– BOARD OF SUPERVISORS MEETING
WEDNESDAY,
MARCH 3, 2004
Mr. Anderman advised that this ordinance basically will be
to permit town homes in the Planned
Apartment District; specifically the Dallett Property. Mr. Uradnisheck discussed some changes to
this ordinance.
On a motion by Jay Uradnisheck, seconded by William Lovejoy
and carried unanimously to adopt Ordinance 1 of 2004.
Mr. Lovejoy advised that he received a number of letters of
concern about the Preschool Lease. The
lease for the school is up this year and under conditions of the lease we must
review it. There was no intention to
vote on anything tonight. Leases are
items we can discuss in Executive Session.
This will be discussed at a future date. The Supervisors will discuss this further
with Mr. Anderman. Ms. Tuttle needs to
know by July, in order to plan and set tuition for the following year.
Ms. Catania advised the
Board of changes made to this ordinance.
At this point this ordinance needs to be advertised for a public hearing.
On a motion by Jay
Uradnisheck, seconded by William Lovejoy and carried unanimously to authorize a
public hearing on the Storm water Ordinance Act 167 for Wednesday, April 21,
2004 at 7:00 p.m. and further authorize the Township Administrator to forward
same to the Delaware County Planning Department and also to the Thornbury
Township Planning Commission.
Mr. Read reported that he submitted his report and the
speed sentry signs have been delivered.
Training will be held on the 10th of March.
Mr. Read advised that the township received two additional
bids, which were higher than Natural Lawns & Gardens.
MINUTES
– BOARD OF SUPERVISORS MEETING
WEDNESDAY,
MARCH 3, 2004
On a motion by Jay
Uradnisheck, seconded by William Lovejoy and carried unanimously to approve the
Turf Program to Natural Lawns & Gardens at a cost of $8,150.42.
Mr. Read discussed the capacity needed for the entire
building to run on a generator. This
will be discussed again at the next work session.
On a motion by Jay
Uradnisheck, seconded by William Lovejoy and carried unanimously to authorize
the Road Committee to execute a letter dated 2/26/04, on the subject matter of
Improvements on
Route 202.
Ms. Catania also advised of a Luncheon meeting with the
Secretary of Transportation on the 11th of March to discuss
transportation concerns. If you plan on
attending, you would need to respond by March 4th. Ms. Catania will be attending and also a
representative of our Road Committee.
On a motion by Jay
Uradnisheck, seconded by William Lovejoy and unanimously approved to accept the
letter from Arthur Sagnor representing Wayne Megill, SCC Homes, Inc., for the
Blantyre Subdivision granting an extension until April 8, 2004 for the review
of this preliminary plan.
WEDNESDAY,
MARCH 3, 2004
PAGE 7
CRAIG PROPERTY
On a motion by Jay
Uradnisheck, seconded by William Lovejoy and unanimously approved to accept the
letter from Harry Dunn, Esq., representing the Craig Family granting an
extension until March 15, 2005 for the review of this preliminary plan.
Mr. Anderman advised that in this matter the Uniform
Construction Code, which was adopted in 1999, would take effect on April 9,
2004. All municipalities are required to
decide to “opt-in” and administer and enforce the UCC or “opt-out” and choose
to not administer the code. These
decisions must be made between April 9 and July 8, 2004 at an advertised public
meeting. The Township is required to
adopt a new Ordinance to implement the UCC.
Mr. Anderman was asked to prepare and submit this ordinance at the April
7th Public Meeting.
Mr. Lovejoy would like to discuss this after a new
supervisor is appointed.
Discuss this the same night as the Crane Family.
Awarded the Contract 2004, 2005, 2006
The contractor is having a hard time getting a bond. The bonding companies have tightened up on
companies. They can only get a one-year
bond for 2004. The contract is for three
years. Recommend to the Board to diary
this to the end to get another bond.
This will be placed on the Action Item List for November 2004.
Mr. Anderman advised that an application for changes to
this subdivision have been submitted.
Ms. Catania stated that the plans have not been submitted. Ms. Whitmore will be contacting Mr. Anderman
on this issue.
Mr. Anderman advised that they made their presentation and
a resolution has been prepared on the items to be changed. There is nothing for Brandywine Conservancy
to do, and no legal descriptions written.
MINUTES
– BOARD OF SUPERVISORS MEETING
WEDNESDAY,
MARCH 3, 2004
PAGE 8
Mr. Uradnisheck asked if there was something we wanted from
them? Mr. Lovejoy discussed the
emergency right of way, which needs to be made a public right of way. Mr. Snyder previously discussed that they
would not do this. This was previously
discussed at the hearings. Mr. Anderman
to convey the Boards feelings.
Mr. Anderman discussed that this ordinance will be placed
on the April 7th Agenda.
Ms. Catania advised that the Army Corp of Engineers has
reiterated the cease and desist order for the project impacting the
conservation areas of the development. A
revised PRD Plan has been submitted to adjust lot lines. This affects open space boundaries. To date, no revised legal descriptions have
been received as requested.
Ms. Catania contacted PA DEP with regard to brown water
from the site. Spoke to Jessica Hartley
who will continue to monitor this site.
Ms. Catania advised that site improvements with regard to
water line installation have proceeded.
Met with representatives concerning Strickland Way and the status of
Penndot Permits, conditional approval has been given for work on this
roadway. Continue to discuss Creek Road
improvements.
Sent to County Council for action – resolution adopted.
On a motion by Jay
Uradnisheck, seconded by William Lovejoy and carried unanimously to execute the
County Aid Resolutions for improvement and maintenance of highways.
MINUTES
– BOARD OF SUPERVISORS MEETING
WEDNESDAY,
MARCH 3, 2004
Ms. Catania discussed that two bids for these improvements
were received. The low bidder was JMC
Contractors on Stephen Drive in Glen Mills.
Along with the gutters, the overhang should be painted. Recommend award contract $11,600.00 including
the painting of the overhang. Alternate
#1 – Paint Overhang and replace Fascia Board.
Mr. Uradnisheck discussed snow breaks.
and a previous proposal.
On a motion by Jay
Uradnisheck, seconded by William Lovejoy and carried unanimously to award the
Contract for the Municipal Building Drainage Improvements to JMC Contractors,
Inc., 38 Stephen Drive, Glen Mills, PA for a total bid price of $11,600.00 to
include repair of gutters downspouts painting overhangs and replacing fascia;
alternative #1.
Paul Coppock, Tiffany Lane - discussed that he would like
to see the proposal from this contract.
Why are we going to galvanize and not copper or good gauge of
aluminum? Ms. Catania stated that it
doesn’t rust. The Board will determine
the color.
Rules and Regulations
for Permissible Discharges
to the Sanitary Sewer
System
Mr. McCann advised that they have discussed the draft rules
and regulations regarding permissible discharges to the Townships sanitary
sewer system with the Code Director.
Several items were raised and we are making the suggested changes. A revised draft with the changes highlighted
will be distributed for discussion at the March work session.
Mr. McCann stated that
the Developers contractor for the Wastewater Treatment Plant expansion is
anticipating starting work by mid- to the end of March. Pennoni will be scheduling an on-site pre
construction meeting prior to the star of this work. The meeting will be scheduled to accommodate
the schedules of the Code Office and the treatment plant operators so they will
be able to attend.
MINUTES
– BOARD OF SUPERVISORS MEETING
WEDNESDAY,
MARCH 3, 2004
Mr. McCann discussed that they have performed on site
investigations to check for inflows to the sewer system. No obvious sources were observed. The system will be observed during the next
significant rain event to check for any significant flow increases and to
determine the source.
Mr. McCann discussed the draft letter to be distributed to
property owners who have frontage along Judith Lane in accordance with comments
received from the Township. The design
engineer for Wawa needs to provide the date and time schedule to obtain the
information before the letter can be issued.
Mr. Uradnisheck showed concern about the letter stating
that we need to see if this is a sure
thing. However, Wawa is still moving
forward with this plan.
Mr. Uradnisheck discussed a manhole severely damaged, which
needs to be fixed. Sanitary main near
the entrance. Mr. McCann stated that
is an active manhole and we need to investigate and follow up on this.
Outdoor Lighting Ordinance – 5/5/04
Planned Apartment Ordinance – 7/7/04
Paul Coppock, Tiffany Lane –
discussed the gutters and if they don’t work, who will pay if they don’t
work. Deflectors will not be
placed. Catania stated that Errors &
Emissions Insurance would take care of this.
Jack Howley, Elaine Drive – discussed sewers for
Elaine, David & Denise Drive. The
costs are high and he feels are meant to scare people. Mr. Lovejoy advised that he is willing to
create this committee, but won’t be formed until after the third supervisor is
voted in. A Sewer Committee will be
formed. Mr. Uradnisheck stated that we
have to define what this Committee will be doing.
MINUTES
– BOARD OF SUPERVISORS MEETING
WEDNESDAY,
MARCH 3, 2004
Dom DeRita, Twin PineWay – Orleans plans to do
planting along Tanguy Road. Mr. Lovejoy
stated that they are not finished yet.
They agreed to do planting along the bend. Sit in the picnic area and look at the
development. Lisa to look into this and
report at the next meeting.
- Elsie’s electric line along her roadway – re-routing her
electric with the development. This
issue is between her and Toll Brothers.
We know nothing about this and it was agreed by Court Order. Elsie would need to send a letter to the Board.
- Discussed the problem with James Property and water
flooding on his property. He needs to
contact the Township.
Elaine Wormer, Twin Pine Way – asked
if we have a completion date for the Tall Trees Subdivision. The Board does not.
Rich White, Creek Road – discussed the Locksley
Bridge barricades, which have recently been vandalized.
-
Walt Omler Group needs to venture further into the
quality of work they do, keep up the good work.
Dewey Yesner, Locksley Road- would
like the Board to put into Township Newsletter that residents need to clean up
their properties.
Resident, Creek Road – (Green) – discussed the snowplow that left 6-8’ of snow that melted and froze.
The meeting was adjourned at 9:45 p.m.
Respectfully
Submitted,
Deborah
E. Perry, Administrator