RICHLAND TOWNSHIP
BOARD OF SUPERVISORS
BUSINESS MEETING
JUNE 9, 2008
Note:
The Board of Supervisors held an executive session prior to the start of
the meeting concerning the matters of Jeffrey R. Stump v. Richland Township
(Case No. 02-CV-6955, Pennfield Realty & Development Corporation v.
Richland Township Zoning Hearing Board and Richland Township Board of
Supervisors (Case No. 02-03001-25) and a personnel matter.
Solicitor
Frank Chernak, Special Labor Council for the Township, recommended that the BOS
move to approve the settlement in the Jeffrey R. Stump v. Richland Township
case. Mr. Chernak stated that the case
has been in litigation since 2002. It concerns a termination in 2000. Mr. Chernak stated that he would recommend
that the BOS authorize the Township Manager to prepare and deliver a check in
the amount of $70,000 to settle the case. This is a portion of the settlement.
The parties who have recommended settlement of this case include the Third
Circuit Mediator Manny Allison-Connelly, Magisterial District Judge Jacob Hart,
the individual defendants in this case, the Third Circuit Court itself. All have recommended highly that this case be
settled for this amount. Mr. Treadwell
stated that he concurred with Mr. Chernak on this issue and that it was in the
best interest of the Township to move forward with settlement. Mr. Chernak stated that if the Township
litigated this case for the next two and a half years and won that the Township
would spend more money.
MOTION Mr. Staats made a motion to
authorize the Township Labor Attorney, Frank Chernak, to conclude the Jeffrey
Stump case per the executive session meeting and authorize Mr. Sechriest,
Township Manager, to cut and deliver a check in the amount of $70,000. Mr. Orloff seconded the motion. Vote:
All in favor. Motion carried
unanimously.
Chairman, Craig Staats, called the Richland Township
Board of Supervisors Business Meeting to order. Members present: Richard Orloff
and Michael Zowniriw. Also present: Stephen Sechriest, Township Manager; Kevin
Kochanski, Township Planner, Boucher & James; Dick Wieland, Township
Engineer, Carroll Engineering; Amy Kaminski, Township Traffic Engineer, Carroll
Engineering; B.
I. OPENING
A. The meeting was called to order at 7:00 p.m.
B. The Pledge of Allegiance was recited.
C. Mr. Orloff gave the Invocation.
D. The Roll Call was taken.
E. Board and Staff Appointments
Mr. James F. Hohenwarter from Lansdale is being
recommended for hire as a Richland Township police officer.
District Judge Robert Roth gave Mr. Hohenwarter the
oath of office. Mr. James Makin, Police
Department Chaplain, gave a brief charge to Mr. Hohenwarter.
MOTION Mr. Staats made a motion to hire
Mr. James F. Hohenwarter as a Richland Township Police Officer as
recommended. Mr. Orloff seconded the
motion. Vote: All in favor.
Motion carried unanimously.
NOTE:
At this time a brief recess was called to serve refreshments.
II. PUBLIC
HEARINGS
A.
Continuation of
Public Hearing concerning the proposal of 472 California Road Partners to
rezone a portion of TMP #36-5-119-2, located at the southern end of O.Neill
Drive from Planned Industrial to Planned Commercial
Present to discuss this issue with the BOS was: Mr. Scott McMackin, Mr.
John Gross, and Mr. Kevin Kroiz.
There was no public comment on this issue.
For further details, see the stenographer’s notes.
MOTION Mr. Staats made a motion to open
the public hearing for 472 California Road Partners to rezone a portion of TMP
#36-5-119-2. Mr. Orloff seconded the
motion. Vote: All in favor.
Motion carried unanimously.
MOTION Mr. Staats made a motion to close
the hearing for 472 California Road Partners and to adopt Ordinance No. 237,
which amends chapter 27 to change TMP# #36-5-119-2, located at the southern end
of O’Neill Drive from Planned Industrial to Planned Commercial. Mr. Zowniriw seconded the motion. Vote:
All in favor. Motion carried
unanimously.
III. PUBLIC
COMMENT
Mr. William Huber, had comments regarding a letter to
the editor in the News Herald Newspaper.
Mr. Huber also had comments regarding truck delivery at Lowe’s stating
that they are unloading in an area that is unsafe and late at night. (The BOS requested that Mr. Sechriest follow
up on this issue with Mr. Brittingham.)
IV. PRESENTATIONS
A. Presentation by the Trails Committee
The Trails Committee made a presentation about the
proposed E. Pumping Station Road Trail that will connect to Veterans Park and
the Trumbauersville Road crossing of the trail that will connect Hunter’s
Crossing with Brayton Gardens II.
Present to give the presentation was Mr. Kevin
Kochanski and Mr. James Sulger.
Mr. Kevin Kochanski’s memo dated April 28, 2008
outlining all the details was discussed.
The BOS authorized The Trails Committee to contact the
individual property owners involved to discuss easements.
V. BOARD
AND STAFF REPORTS
Stephen Sechriest, Township Manager, stated that he
had developer plans that needed the BOS signatures after the meeting tonight.
Richard Orloff, Township Supervisor, announced that a
Summit with Senator Rob Wonderling and Representative Paul Clymer was planned
to be held on Wednesday, July 30, 2008 at 7:00 p.m. Invitations were given to the six
municipalities in the Quakertown School District to attend.
The next item from Mr. Orloff regarded his recent
attendance to a Park & Recreation Board meeting where a representative from
Craig Staats, Township Supervisor, stated that he has
received updated information regarding the membership for the Agricultural Security
Area Advisory Committee. The appointees
are as follows:
Farmers: John
Keller, Albert Wukovits, Thomas Stoneback, Robert Gertsenberg, and
Community Member: Dale Henninger
Staff Liason:
BOS member: Craig Staats
Michael Zowniriw, Township
Supervisor, had no reports at this time.
Kevin Kochanski, Township
Planner, had no reports at this time.
Amy Kaminski, Township Traffic Engineer, had no
reports at this time.
Dick Weiland, Township Engineer,
had no reports at this time.
B.
MOTION Mr. Orloff made a motion to
authorize Mr. Treadwell accept the stipulation agreement for Reserve at Hidden
Ponds. Mr. Staats seconded the
motion. Vote: All in favor.
Motion carried unanimously.
VI. DEVELOPERS’
ISSUES
A.
Consideration of
Final Plan approval for Greenway Development’s Front Gate Community Land
Development, a proposed age-qualified development to be located behind the
Quakertown Farmers’ Market on Station Road
The applicant is seeking final plan approval for this
project.
MOTION Mr. Staats made a motion to grant
Conditional Final Plan Approval for Greenway Development’s Front Gate Community
Land Development, a proposed age-qualified development to be located behind the
Quakertown Farmers’ Market on Station Road subject to the following: Compliance with the Boucher & James
letter dated May 14, 2008; compliance with the Carroll Engineering Corp. letter
dated May 14, 2008; receipt of all permits and approvals from any agencies
having jurisdiction over such matters; project receives approvals from all
municipal and governmental agencies having jurisdiction over the project; the
Applicant complies with all applicable provisions of the township Zoning
Ordinance and the Subdivision and Land Development Ordinance; subject to the
applicant obtaining any required relief from the Richland Township Zoning
Hearing Board; compliance with any conditions imposed upon the project he
Zoning Hearing Board in the granting of any relief; compliance with any
conditions imposed upon the project as part of the Conditional Use Approval
Process; compliance with any conditions imposed upon the project as part of the
Preliminary Plan Approval Process; the applicant obtains the necessary
documentation for Federal Emergency Management Agency approval of a map
revision indicating all proposed improvements are located outside of the flood
fringe of Morgan Creek (Confirmation of such approval and map revisions shall
be provided to the Township at no cost to the Township); and in the event the
required Financial Security Agreement is not executed within 90 days of this
approval, this approval shall expire and be deemed revoked unless a written
extension is granted by the Governing Body.
Mr. Orloff seconded the motion.
Vote: Mr. Staats and Mr. Orloff
voted yea. Mr. Zowniriw opposed. Motion carried.
B.
Conditional Use
Decision for Cricket Communications to collocate equipment on an existing tower
and install related ground equipment at
The hearing for this project was held at last month’s
meeting. Mr. Treadwell has prepared a draft letter of approval based on
recommendations from staff for the BOS’s approval.
MOTION Mr. Orloff made a motion to
approve Mr. Treadwell’s letter dated June 10, 2008 granting Conditional Use for
Cricket Communications to collocate equipment on an existing tower and install
related ground equipment at 699 N. West End Blvd as recommended by the township
staff. Mr. Zowniriw seconded the
motion. Vote: All in favor.
Motion carried unanimously.
C.
Time Extension
Request for the Marvic Supply Project to be located at E. Pumping Station Road,
LP Industrial Park located on E. Pumping Station Road
The applicant has requested a 90-day extension of the
review period for this project.
MOTION Mr. Staats made a motion to
approve Resolution #08-20, which grants a 90-day extension of the review period
to Gorski Engineering Inc. for its Marvic Supply Project located at E. Pumping
Station Road. The extension will expire
on September 13, 2008. Mr. Zowniriw
seconded the motion. Vote: All in favor.
Motion carried unanimously.
D.
Time Extension
Request for Keller Subdivision, a residential subdivision proposed along
California Road
The applicant has requested a 90-day extension of the
review period for this project.
MOTION Mr. Staats made a motion to
approve Resolution #08-21, which grants a 90-day extension of the review period
to Allen Keller for his Keller Subdivision project located along California
Road. The extension will expire on October 10, 2008. Mr. Zowniriw seconded the motion. Vote:
All in favor. Motion carried
unanimously.
E.
Time Extension
Request for Marc Fehr Subdivision, a residential subdivision proposed along
Portzer Road
The applicant has requested a 90-day extension of the
review period for this project.
MOTION Mr. Staats made a motion to
approve Resolution #08-22, which grants a 90-day extension of the review period
to Marc Fehr for his Subdivision project located along Portzer Road. The
extension will expire on October 9, 2008.
Mr. Orloff seconded the motion.
Vote: All in favor. Motion carried unanimously.
F.
Time Extension
Request for Schenk Enterprises proposed flex space industrial building to be
located along Kelly Road
The applicant has requested a 90-day extension of the
review period for this project.
MOTION Mr. Staats made a motion to
approve Resolution #08-23, which grants a 90-day extension of the review period
to Schenk Enterprises, LLC for its proposed flex space industrial building to
be located along Kelly Road project. The extension will expire on October 10,
2008. Mr. Zowniriw seconded the
motion. Vote: All in favor.
Motion carried unanimously.
G.
Escrow Releases
1. Academy
Place (Malpezzi Tract) Final Release
The developer has requested a release of escrow
funds. Mr.
MOTION Mr. Staats made a motion to grant
the release of the Maintenance Bond and escrow funds to Rouse/Chamberlin, Ltd.
for its Academy Place project in the amount of $33,499.84 as recommended by Mr.
2. Sweetbriar,
Phase III, Release Request No.15
The developer has requested a release of escrow
funds. Mr.
MOTION Mr. Staats made a motion to grant
the release of escrow funds (Release Request No. 15) to Pickertown Hickory
Assoc, LP Sweetbrier, Phase III project in the amount of $23,984.28 as
recommended by Mr.
H.
Zoning Hearings
Scheduled for June 19, 2008
1. Northfield
Business Campus, LLC, owners of East Pumping Station Road, LP
The applicant is seeking a special exception to allow
a storm water basin to be located in the floodplain and is appealing the Zoning
Officers determination concerning the calculation of the buildable area of a
lot.
Present to discuss this issue with the BOS were: Mr. John Riebow, Solicitor; Mr. Jerry Gorski,
Engineer.
MOTION Mr. Staats made a motion to
authorize Mr. Treadwell to represent the Township’s Zoning Officer in this
matter should Northfield continue with the appeal of the Zoning Officer’s
determination. Mr. Orloff seconded the
motion. Vote: All in favor.
Motion carried unanimously.
I.
Appeal of
Decision of the Zoning Hearing Board by Vincent Cavataio
Mr. Vincent Cavataio had sought several variances and
a special exception to expand his business, Alcamo Pizza, located along
Richlandtown Pike. The Zoning Hearing
Board approved some of the requests but denied others. Mr. Cavataio is appealing the decision.
The BOS decided to not to take a position on this
issue.
VII. TOWNSHIP
BUSINESS ITEMS (OLD AND NEW)
A.
Approval of
Minutes from the April 5, 2008 Business Meeting.
MOTION Mr. Orloff made a motion to
approve the April 5, 2008 Minutes from the Richland Township Board of
Supervisors Business Meeting as edited.
Mr. Zowniriw seconded the motion.
Vote: All in favor. Motion carried unanimously.
B.
Financial
Business –Approve payment of bills
MOTION Mr. Orloff made a motion to
approve the bills as presented and amended them to include the $70,000 payment
to Mr. Jeffrey Stump (discussed earlier in the meeting). Mr. Staats seconded the motion. Vote:
All in favor. Motion carried
unanimously.
C.
Award of Bid for
Material for a Floating Boardwalk Trail
The Township’s Public Works Department will be working
on the construction of a portion of the proposed trail to connect the existing
trails in
Mr. Sechriest submitted a memo dated June 9, 2008
outlining his recommendation that the bid be awarded to Aggressive Industries,
Inc. for a price of $41,571.00.
MOTION Mr. Orloff made a motion to award
the Bid for material for a Floating Boardwalk Trail to Aggressive Industries,
Inc. for a price of $41.571.00 as recommended by Mr. Sechriest and outlined in
his memo dated June 9, 2008. Mr.
Zowniriw seconded the motion. Vote: All in favor.
Motion carried unanimously.
VIII. PUBLIC
COMMENT
There was no public comment at
this time in the meeting.
IX. ADJOURNMENT
MOTION Mr. Zowniriw made a motion to
adjourn the Richland Township Board of Supervisors Business Meeting at 8:47
p.m. Mr. Staats seconded the
motion. Vote: All in favor.
Motion carried unanimously.
Respectfully
submitted,
Catherine
Woods
Recording
Secretary
Note: The next business meeting of the Richland
Township Board of Supervisors will be held on Monday, July 14, 2008 at 7:00
p.m.