Board of Supervisors
Tuesday, February 19 2013
BOARD OF SUPERVISORS
FEBRUARY 19, 2013
PATRICK MALLON, CHAIRPERSON }
THOMAS GALLAGHER, VICE CHAIRPERSON }
DREW KREILING, SECRETARY } BOARD OF SUPERVISORS
H. GEORGE LEONHAUSER }
ROBERT G. MCMONAGLE }
STEPHANIE TEOLI, TOWNSHIP MANAGER
JOSEPH PIZZO, ESQ., TOWNSHIP SOLICITOR
WAYNE KIEFER, P. E, TOWNSHIP ENGINEER
1. CALL TO ORDER, PLEDGE OF ALLEGIANCE, AND ROLL CALL.
Mr. Mallon called the meeting to order at 7:30 p.m. After the Pledge of Allegiance, Mr. Kreiling called roll and all Supervisors were in attendance. There were also approximately 10 interested citizens in attendance.
2. ANNOUNCEMENTS, CORRESPONDENCE, AWARDS AND REPORTS.
a. Next Board of Supervisors Meeting – Monday, March 4, 2013 @7:30 p.m.
Mr. Mallon welcomed Supervisor Gallagher to the meeting this evening via “Skype”. Mr. Gallagher has suffered some pretty significant injuries and he takes his role as Township Supervisor very seriously.
3. PUBLIC COMMENT. NON-AGENDA ITEMS ONLY. (MAXIMUM 30 MINUTES)
Bill Suchowierski, 304 Barnsbury Road, Langhorne went into great detail about the drainage issue in his backyard. Mr. Suchowierski provided the Board with copies of pictures of the drainage problems in his yard.
Mr. Pizzo advised that Mr. Suchowierski had work done on his property by a contractor that he hired pursuant to plans that he submitted to the Township.
Debbie Suchowierski continued to talk about the issues she believes have been created by the Township Engineer coming out and stopping the contractor from doing what had been approved by the Township.
Mr. Mallon directed the Township Manager and Township Engineer to revisit this situation to see if there is something that can be done.
Ms. Teoli has been out to the property twice and Pat Duffy, Zoning Officer has also been out to the property. The Suchowierski’s are speaking about the previous Township Engineer going out to the property in the summertime. There were complaints made and there was an issue with the grading at the back of the Suchowierski property. It was agreed that the suggestions that were made by the engineer at that time were going to resolve the situation. Ms. Teoli understands that the Suchowierski’s do not believe that is what has happened. Ms. Teoli said from her perspective the Township has gone above and beyond.
Ms. Suchowierski brought up the issue of a thirty-five foot restricted area where her neighbor has planted trees that are causing the water to stand on her property.
Mr. Pizzo said in the several years that he has been the Township Solicitor he has dealt with at least 2 attorneys on behalf of Mr. Suchowierski. The second attorney was in place at the time the contractor came out to do the work that is being discussed this evening. Over the course of the past couple of years at Mr. Suchowierski’s complaint and at the Township’s direction, neighboring property owners have removed various plantings as well as fences and any other obstructions from within the drainage easement that runs behind all of the properties. The Township has gone out and answered every complaint, inspected, walked, looked, met, etc., and at the end of the day what everyone has to keep in mind is the rear of Mr. & Mrs. Suchowierski’s property and the properties next to them have a drainage easement and a swale located in the rear of the properties. By design stormwater for that neighborhood flows through the rear of the property, it is what was there when the Suchowierski’s purchased the property; it is what the stormwater management system is designed to do.
In the summer, as indicated by Ms. Teoli, the Township received a complaint from one of Mr. Suchowierski’s neighbors regarding a very large pile of dirt that had been moved onto the property and the presence of some dirt moving equipment in the backyard. Mr. Litus was directed to go out to the property to see what was going on. The contractors that were in place were asked to stand down while the Township was given the opportunity to see what the plan was that the landscapers or contractors were about to do. Mr. Litus reviewed what they were about to do, a plan was agreed upon between the Township Engineer and the contractor as to what work was going to be completed in the Suchowierski backyard to hopefully improve the situation.
To the best of Mr. Pizzo’s knowledge that work was done and at this point in time if neighbors have now planted things in the drainage swale or the easement that shouldn’t be there, the Township can dispatch inspectors to go out and take a look. Mr. Pizzo said there is water in the Suchowierski’s backyard by design, it may not have been the most ideal design at whatever point in time the subdivision was approved, but it certainly met the Township code and the Township standards at that time.
Ms. Suchowierski asked if the 35 foot restricted area is still in effect. If it is someone needs to come out and look at it because every yard has placed items in that area from sheds to swimming pools, to trees, etc.
Once again Mr. Mallon stated the Township will be out to look at the swale, make sure there aren’t things in the easement that are not supposed to be there. Mr. Mallon directed Ms. Teoli and Mr. Kiefer to look at this issue and report back to the Board.
4. CONSENT AGENDA ITEMS.
a. CONSIDERATION OF AUTHORIZING PAYMENT OF BILL LISTS #1-9 DATED JANUARY 25, 2013, #1-10 DATED JANUARY 29, 2013, #2-1 DATED FEBRUARY 1, 2013, #2-2 DATED FEBRUARY 7, 2013, #2-3 DATED FEBRUARY 12, 2013 AND #2-4 AND ADDENDUM IN THE AMOUNT OF ($1,756.94) DATED FEBRUARY 19, 2013 ALL TOTALING $1,807,782.55.
ACTION: MR. KREILING MOTIONED TO APPROVE PAYMENT OF BILL LISTS #1-9 DATED JANUARY 25, 2013, #1-10 DATED JANUARY 29, 2013, #2-1 DATED FEBRUARY 1, 2013, #2-2 DATED FEBRUARY 7, 2013, #2-3 DATED FEBRUARY 12, 2013 AND #2-4 AND ADDENDUM IN THE AMOUNT OF ($1,756.94) DATED FEBRUARY 19, 2013 ALL TOTALING $1,807,782.55. MR. LEONHAUSER SECONDED. MOTION CARRIED BY A VOTE OF 4-1 WITH MR. MCMONAGLE OPPOSED.
b. CONSIDERATION OF APPROVING THE DECEMBER 17, 2012 AND JANUARY 22, 2013 MINUTES OF THE PUBLIC MEETINGS OF THE MIDDLETOWN TOWNSHIP BOARD OF SUPERVISORS.
c. CONSIDERATION OF APPROVING THE REQUEST BY JARED THE GALLERIA OF JEWELRY THIRD ESCROW RELEASE IN THE AMOUNT OF $113,494.97.
ACTION: MR. KREILING MOTIONED TO APPROVE CONSENT AGENDA ITEMS B & C AS READ. MR. LEONHAUSER SECONDED.
Mr. Gallagher pointed out that on the December 17, 2012 Minutes, page 12, the word “opposed” is missing in a motion.
MOTION CARRIED BY A VOTE OF 5-0.
5. CONSIDERATION OF APPOINTMENT TO THE PARK & RECREATION BOARD FOR A THREE YEAR TERM TO EXPIRE JANUARY 2016.
Mr. Leonhauser said some of Flowers Avenue is located in Langhorne Borough and wants to make sure that the address of the applicant is indeed located in Middletown Township.
Mr. McMonagle asked how this applicant came to the Township. He also asked if it isn’t considered a conflict with the applicant being a member of the Langhorne Athletic Association, at least with the leaders of the other athletic associations in the Township. Mr. Kreiling pointed out that Bill Fuller is on the Parks & Recreation Board and he is a member of the Hulmeville Soccer Club.
Ms. Teoli to send correspondence to the applicant verifying his address.
6. CONSIDERATION OF APPROVING RAYMOND MONGILLO LOT LINE CHANGE, 732 BELLEVUE AVENUE, TMP #22-036-004, S/LD #12-10.
Charles Marte, Esq., represented the applicant Raymond Mongillo who was also in attendance. Also in attendance was Robert Pelke, Engineer of T & M Associates who prepared the plans. The proposal is a lot line change consisting of a 46,000 square foot parcel of ground located between Bellevue Avenue and Pfc. John Dalola Avenue. There are two lots at the present time with one entirely in Penndel Borough and the other is located entirely in Middletown Township. The lots were separated not only by the dividing line which separates the two municipalities, but also by a 10 foot wide alley that appeared on a 1919 plan.
Mr. Mongillo gave Lot 1 to his daughter Loretta ten years ago who built a house on the land and had planned to give Lot 2 to his other daughter Monica. In order to do the lot line change, Mr. Mongillo needed a waiver in order to create a lot which has property in two different municipalities which is what is proposed this evening.
The applicant has provided a 20 foot wide drainage easement on Lot 2 as requested by the Township Engineer to handle drainage from Bellevue Avenue. The 10 foot wide alley has been vacated by Penndel Borough as it was entirely located within Penndel Borough in order for the lot line change to be approved. The proposed lot line change will take the two triangular lots and make them rectangular and will vacate the paper street.
Mr. Marte said the only issue that was raised by the Township Engineer was that the lot line change states the change should not be more than a 20 percent increase or decrease of an area and this is 22 percent. The applicant is requesting a waiver of that provision as well. Mr. Marte pointed out that Penndel Borough has already approved the plan before the Board this evening, along with the Township’s Planning Commission unanimous recommendation.
ACTION: MR. MALLON MOTIONED TO APPROVE THE RAYMOND MONGILLO LOT LINE CHANGE, 732 BELLEVUE AVENUE, TMP #22-036-004, S/LD #12-10 ALONG WITH THE FOLLOWING WAIVERS:
WAIVER FROM SUBDIVISION AND LAND DEVELOPMENT SECTION 440-306.A TO ALLOW A LOT LINE CHANGE TO INCREASE OR DECREASE A RESULTING LOT AREA BY MORE THAN TWENTY (20%) PERCENT OF THE ORIGINAL LOT AREA;
WAIVER FROM SUBDIVISION AND LAND DEVELOPMENT SECTION 440-402.C TO ALLOW THE LOT LINES TO CROSS TOWNSHIP BOUNDARY LINES RATHER THAN FOLLOW BOUNDARY LINES;
APPROVAL OF THE LOT LINE CHANGE PLAN SUBJECT TO THE CONDITIONS OF PENNDEL BOROUGH’S APPROVAL AND THE MIDDLETOWN TOWNSHIP LANNING COMMISSION AND SUBJECT TO THE CONDITION OF THE DEEDS FROM THE NEWLY FORMED PARCELS BE RECORDED WITH THE PLANS. MR. MCMONAGLE SECONDED. MOTION CARRIED BY A VOTE OF 5-0.
7. OTHER BUSINESS.
Mr. McMonagle asked for an update on the arbitration panel regarding the police contract. Ms. Teoli said the results should be received by the end of the week.
Ms. Teoli presented a designation of Agent Resolution which is for the PEMA disaster relief for Hurricane Sandy and requested the Board’s approval allowing the Township the ability to move through the process of obtaining funding from PEMA for Hurricane Sandy.
ACTION: MR. MALLON MOTIONED TO AUTHORIZE THE TOWNSHIP MANAGER, STEPHANIE TEOLI TO EXECUTE ALL REQUIRED FORMS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE RELATED TO HURRICANE SANDY. MR. GALLAGHER SECONDED. MOTION CARRIED BY A VOTE OF 5-0.
Mr. Mallon advised that the Board will be meeting in Executive Session to discuss a personnel matter.
8. OTHER PUBLIC COMMENT. (ONLY APPLICABLE IF INITIAL PUBLIC COMMENT PERIOD EXCEEDS THE 30 MINUTE TIME LIMIT.)
ACTION: MR. MALLON MOTIONED TO ADJOURN THE PUBLIC MEETING OF THE MIDDLETOWN TOWNSHIP BOARD OF SUPERVISORS AT 8:04 P.M. MR. KREILING SECONDED. MOTION CARRIED BY A VOTE OF 5-0.