PATTON TOWNSHIP BOARD OF SUPERVISORS July 18, 2012

MEETING MINUTES Page 7 of 9

ATTENDANCE:

BOARD Elliot Abrams, Chair

Bryce Boyer, Vice-Chair

Jeff Luck, Supervisor

Josh Troxell, Supervisor

Walt Wise, Supervisor

STAFF Doug Erickson, Township Manager

Brent Brubaker, Township Engineer

Betsy Dupuis, Solicitor

Kim Wyatt, Finance Director

John Petrick, Chief of Police

Joe Price, Senior Planner

AUDIENCE Scott Miller, Resident

Barbara Fisher, Resident

James Voigt, Resident

Carolee Grillo, Resident

Anthony Grillo, Resident

Lori Bedell, Resident

Marge and Bob Carline, Residents

Mark Saville, Sweetland Engineering

Bill Newton, Resident

Bill Speedy, Resident

Judy Speedy, Resident

Roger Brown, Resident

Joe Viglione, Resident

Al Jarrett, State College Borough Water Authority

Max Gill, State College Borough Water Authority

Tyler Wagner, Resident

Henry Moeller, Resident

Garth and Megan Gregor, Resident

Katie Ombalski, Clear Water Conservancy

Emory Enscore, State College Borough Water Authority

Craig Evanego, Resident

Brian Strauss, Resident

Michael Pratt, Keller Engineers

1. CALL TO ORDER

The July 18, 2012 Patton Township Board of Supervisors meeting held at the Township Municipal Building was called to order at 7:00 PM by Mr. Abrams, Chair.

2. APPROVAL OF MINUTES

Mr. Wise moved to approve the June 20, 2012 meeting minutes. Seconded by Mr. Troxell, the motion passed 3-0 with Mr. Abrams and Mr. Luck abstaining.

3. PUBLIC COMMENTS

Ms. Ombalski stated that the Scotia Barrens Map project that the Board sponsored last year has been completed and presented the Board with copies of the map.

3. PUBLIC COMMENTS (continued)

Mr. Carline stated he along with several residents of the Marywood Subdivision are interested in the master plan process for Gray’s Woods Park and asked to be consulted in any updates or changes. Mr. Erickson asked residents if they have not already, to please sign up for our e-mail updates.

Ms. Grillo stated that the Village at Penn State neighborhood had some issues with not being informed about The Grove project and presented the Board with a letter from the residents of the Village at Penn State. Mr. Erickson stated that there is no formal notice regulation and that if any new projects come up near the Village at Penn State there will be a notice sent out. Ms. Grillo’s letter is attached to the end of the minutes.

Mr. Grillo asked how the notice will be received. Mr. Erickson stated that usually it is sent via e-mail and sometimes by letter. Mr. Grillo stated that he is concerned about the clearing of the trees. Mr. Erickson stated that there is a state law not allowing the Board to tell developers that they cannot cut trees.

4. PUBLIC HEARING AND ACTION CONSIDERATION: AN ORDINANCE ESTABLISHING REGULATIONS FOR DEVELOPMENT ON CULLUVIAL SOILS WITH A SLOPE STEEPER THAN A 15 PERCENT.

Mr. Erickson stated that in February, 2012, the Planning Commission forwarded the subject proposed regulations to the Board with a recommendation to approve. The Board received a presentation from Dr. Gary Petersen, distinguished Professor Emeritus of Soil and Land Resources at Penn State University, regarding the unique characteristics of these soils and illustrating the potential hazards associated with colluvial soils.

Following the presentation the Board took action to move the proposed regulations to a Public Hearing, with the inclusion of setbacks for sinkholes and seeps, as suggested by Mr. Robert Donaldson.

a. Public Hearing

The Board of Supervisors convened the Ordinance Establishing Regulations for Development on Colluvial Soils with a Slope Steeper than 15 Percent at 7:16PM.

Ms. Fisher presented the Board with a letter stating her support of the Ordinance Establishing Regulations for Development on Culluvial Soils with a Slope Steeper than a 15 Percent. Ms. Fisher’s letter is attached to the end of the minutes.

On a motion from Mr. Boyer and seconded by Mr. Troxell, the Board of Supervisors closed the Public Hearing at 7:19pm with a vote of 5-0.

b. Action Consideration

Mr. Boyer moved to approve the Ordinance Establishing Regulations for Development on Colluvial Soils with a Slope Steeper than 15 Percent. Seconded by Mr. Luck, the motion passed 5-0.

5. PUBLIC SAFETY

a. Sergeant Frank Monroe Retirement

Chief Petrick stated that Sergeant Monroe is retiring in early August after 23 years of service to the Township. The Board presented Sergeant Monroe with a certificate recognizing his years of service.

5. PUBLIC SAFETY

b. Sergeant Appointment

Chief Patrick stated that in December 2010 the Board adopted the enclosed list of qualified candidates for appointment to Sergeant as recommended by the Manager and

Police Chief. Sergeant Sean Albright was appointed at that time and Sergeant Matthew

Shupenko was appointed in 2011.

With the retirement of Sergeant Monroe, it is now recommended that Officer Tyler Jolley be appointed as a Sergeant of the Patton Township Police Department.

Mr. Troxell moved to appoint Officer Tyler Jolley as Sergeant of the Patton Township Police Department. Seconded by Mr. Boyer, the motion passed 5-0.

c. Police Update

Chief Petrick stated that the department put 70 miles on the bikes this month and that the Officers had training on domestic violence with emphasis on sexual assault.

d. Collective Bargaining Agreement

Mr. Erickson stated that at an executive session prior to the Board of Supervisors Meeting the Collective Bargaining Agreement was discussed.

Mr. Luck moved to accept the Collective Bargaining Agreement with the Patton Township Police Officers Association. Seconded by Mr. Wise, the motion passed 5-0.

6. PUBLIC WORKS

a. Project Updates

Mr. Erickson stated that the Road Crew is continuing with curb replacements in Park Forest along with a storm drain extension on Sierra Lane. He stated that Penn Dot is working on storm drain replacements on Atherton Street and that there will be milling done along with repaving.

b. Extension of Water Main to Ridgemont Neighborhood

Mr. Erickson stated that the Ridgemont Water Association operates a small, private water utility providing potable water to the 54 homes in the Ridgemont neighborhood along Harvard Road. A representative of the Association addressed the Board in March regarding their desire to be connected to the State College Borough Water Authority (SCBWA) system. At that time the Association asked for support from the Board and requested a $50,000 contribution toward the project.

Subsequently, the Association has met with the SCBWA Board of Directors. Included with the agenda materials is a letter from the SCBWA Executive Director asking for a formal request to the Authority as well as a “significant”, but unspecified, contribution to the project. Attached to the letter is a map showing possible routes for the water main extension.

The Manager recommends that we consider this a preliminary discussion on the matter and we focus on identifying other stakeholders to be included and other information to be collected for consideration.

6. PUBLIC WORKS

b. Extension of Water Main to Ridgemont Neighborhood

Mr. Gill stated that a request to extend water service to Ridgemont Neighborhood and looked at 3 routes and the best route is longer but could serve over 150 existing homes and cost $960,000. Funding for the project would include a temporary service surcharge,

reserve funds from Ridgemont, and a frontage charge/ tapping fee of around $6,000-7,000 for people connecting to the line. He stated that SCBWA will contribute the water line and asked that the Township and State College Borough Water Authority split the remaining monies due with each contributing $200,000.

Mr. Erickson stated that Patton Township Water Authority has funds that could be used and will set up a meeting including residents to discuss what kind of interest there is in hooking up to the new service line.

Mr. Gill stated that the average quarterly usage bill is around $60.00 and that it is $3.95 per 1000 gallons.

Mr. Wise stated that he supports the extension because of the importance of residents having fire protection.

Mr. Boyer stated that the well was drilled in 1995 and will need to be replaced to keep up with DEP standards so it does not make sense to rejuvenate the system.

Mr. Erickson stated that he will work with Mr. Gill and the Patton Township Water Authority to look into funding for this project.

7. PLANNING AND ZONING

a. Planning Commission Report

Ms. Domico stated that the Planning Commissions approved two temporary use permits and spent time discussing Gray’s Woods Phase 6 Subdivision.

b. Gray’s Woods: Phase 6 Subdivision and Land Development Plan

Mr. Pratt stated that in continuing the development of the Gray’s Woods Planned Community, the Gray’s Woods Partnership proposes a land development plan for a portion of the Town Center area. The plan includes 137 townhomes and 13 single-family residences situated on approximately 15 acres. Phase 6 is located on the west side of Gray’s Woods Boulevard, across from the Brynwood neighborhood. In January 2010 the Board reviewed a sketch plan of this phase.

Development type and density in the Planned Community District is defined with specific requirements for each existing community. Those requirements include a range of densities that must be provided in terms of a percentage of the overall total dwelling units. The single-family units proposed fit in the category of 5.01 to 9.00 units per acre and the townhome units are in the 9.01 to 15.00 units per acre range. Each of these ranges must account for at least 25% of the total unit mix. The commercial area adjacent to and east of the residential portion of this phase is not part of the current proposed development. However, at such time that 900 units have been constructed in Gray’s Woods, at least 20% of the nonresidential component must be in place.

A significant aspect of the plan is the roadway system. The road network designed to provide internal access for Phase 6 is comprised of a combination of public and private

7. PLANNING AND ZONING

b. Gray’s Woods: Phase 6 Subdivision and Land Development Plan (continued)

roads. In addition, a portion of Wood Thrush Way, which will eventually extend well beyond the limits of the current phase, will also be constructed.

Stormwater management for the site will be provided with a large stormwater basin located in Halfmoon Township, which will require a review by Halfmoon for compliance with their stormwater and development regulations.

Building and impervious coverage limits are established as a percentage of the overall land area assigned to each density range. For units in the 5.01 to 9.00 range, the coverage limits are 35% and 45%, respectively. The coverage limits for the townhomes, the 9.01 to 15.00 units per acre range are 35% and 65%, respectively. While the current proposal does not reach those maximum limits, it will be important to have all related coverage data updated with each subsequent phase to ensure compliance with those limits.

The parking requirement for the site is determined by the total number of townhomes proposed and the total number of single-family dwellings proposed. The developer meets the parking requirements, however, they have requested dimensional waivers as noted in the Planning Commission’s recommendation.

Other features shown on the plan include sidewalks and open space. Other site requirements have not yet been finalized as they may be affected by the outcome of waiver requests. These include site lighting, site landscaping, and street trees. It should also be noted that Gray’s Woods Boulevard will be required to be extended to roundabout #4 as any condition of approval of this plan. Included with this plan is a subdivision plan for each of the lots to be created.

In addition, a subdivision for the parkland area and an offer of dedication to the Township is a part of this plan. In March, the Grays Woods Partnership secured the National Pollutant Discharge Elimination System (NPDES) permit for their proposed construction as well as future Township construction of park facilities. The NPDES permit defines those areas that could be used for park facilities and sets varying buffer distances from the wetlands. It must be noted that while the permit would allow park facilities in both the area along Gray’s Woods Boulevard (6.08 acres) and the area to the east along Wood Thrush Way (3.07 acres), the Department of Environmental Protection (DEP) has commented that “The agencies recommended that the township utilize the upper 6.08 acres for the park and not use the lower 3.07 acres.”

The Planning Commission discussed at length several waiver requests from the developer related to driveway locations, parking stall sizes, alternate locations for street trees, and a proposal to incrementally extend Gray’s Woods Boulevard based on the pace of future development. (Note the emergency access road will be in place by October of this year.)

The Planning Commission recommends approval with the following conditions:

1. Grant waivers as requested for Driveway setback from street intersections. (Chapter 149, Attachment 5) The developer has provided sight triangles on the

7. PLANNING AND ZONING

b. Gray’s Woods: Phase 6 Subdivision and Land Development Plan (continued)

plan to show adequate sight distance exists in each of the intersections where it is required for vehicles that must yield the right-of-way.

2. Grant waiver as requested for Width of off-street parking stalls (Section 153-38) to permit two 8 foot wide parking spots in front of the Townhouse units in lieu of two 9 foot wide spots.

3. Grant waiver in part for Length of on-street parking stalls (Section 153-38) to permit those on-street parking stalls that are at the end of a row of parking stalls (where additional maneuvering room is also provided) to be reduced to 22 feet in length in lieu of the specified 24 feet.

4. Grant waiver, with condition, permitting the relocation of required Street Trees (Section 153-36.F) to other locations in the development, including the storm water basin area, with the condition that the developer provide two trees per dwelling unit in lieu of the calculated 1.77 trees per unit.

5. Require that a note be added to the plan, to make a minor amendment to the Master Plan, to require the incremental completion of Gray’s Woods Boulevard based on the number of future dwelling units approved, as specified in the Manager’s memo of June 14, 2012

6. Require that a note be added to the plan to require the completion of Gray’s Woods Boulevard to roundabout # 4 (Station 195+20.5).

7. Completion of all items on staff’s marked up comment letter

8. Transit pull-offs discussion with CATA

Mr. Erickson stated that while the NPDES permit would allow park facilities in both the area along Gray’s Woods Boulevard (6.08 acres) and the area to the east along Wood Thrush Way (3.07 acres), the Department of Environmental Protection (DEP) has commented that “The agencies recommended that the township utilize the upper 6.08 acres for the park and not use the lower 3.07 acres”.