Solicitor Zator discusses Senate bill on virtual meetings for municipalities
During the opening of the May 6 South Whitehall commissioners’ virtual meeting, township Solicitor Joseph Zator discussed the impact of recently passed Senate Bill 841 which provides flexibility for municipalities to conduct public meetings during the COVID-19 emergency.
Under SB 841, for the duration of the COVID-19 disaster emergency, public meetings are authorized to be conducted through authorized, two-way telecommunication channels.
Advanced public notice for meetings must be posted on the township website and/or in paper advertisements, and must include the date, time, virtual technology and participation information, and the public must be able to participate either virtually or in writing.
If a quorum of the commissioners is required, the board may meet virtually instead of in person.
Furthermore, SB 841 also enacts a tolling suspension period from March 6 until May 20, unless extended further, for land development, subdivision, permit and zoning hearings, among other applications.
Any applications submitted from March 6 forward with timed review periods for township action or approval will not count during the tolling window, and the review period will begin once the suspension passes.
One of the main points of discussion for the meeting was a request for the township to advertise for concrete work to be completed at Covered Bridge Park for an 8-foot-wide bordered sidewalk, two 5-foot wide sidewalks and concrete perimeter edging around the proposed playgrounds.
Additional alternate items include a concrete picnic area pad, a pavilion and several forms of texture stamping.
Director of township operations Randy Cope said the project has received $250,000 in a Department of Conservation and Natural Resources grant in addition to $350,000 from the township Open Space Fund and between $10,000 to $12,000 in sponsorships.
Cope said while the timing of the project may not appear ideal, the funding did not come from the general fund, but instead was funding already allocated within the budget.
“The money that are set aside for this can’t really be used to support other services of the township,” he said.
Commissioner Diane Kelly said public works would need to do excavation and demolition work during the ongoing COVID-19 quarantine period.
She also noted the park sees regular use from community members for passive recreation during the pandemic.
Kelly said the planned bathroom installations for the park had been delayed and said the need for the concrete work and construction in the immediate future presented a timing issue.
“What is the harm tonight to pause this project until we’re through with our quarantine pandemic from COVID so the community can continue to enjoy this park?” Kelly asked.
Cope said the development area was in an underused part of the park, which would be roped off and secured.
He added the construction activity should neither close any parking lots nor restrict residents’ access to the park.
Cope also said equipment operators and township staff have been instructed on safe equipment handling, sanitation and safe distancing to carry out their duties.
Kelly and Commissioner Michael Wolk said it was critical to keep the township’s financial health in mind due to COVID-19 and it would make sense to pause the park renovation project until South Whitehall’s finances were secure beyond providing critical services.
“If we defer this until next year - and we don’t spend the money until next year - are we going to save some money next year?” Wolk asked. “We don’t know the impact of the pandemic and we don’t know the timing.”
Commissioner Matthew Mobilio said the money for the park project had already been allocated in the budget and the grant money, which expires in 2021, has a time period in which it needs to be used.
He also noted the possibility pushing off the project until next year may result in additional costs if the township needed to solicit higher-priced bids as well as additional staff hours to revisit issues which have currently been resolved.
The board approved the advertising request in a 3-2 decision with board President Christina “Tori” Morgan, Commissioner Joe Setton and Mobilio voting for the motion. Kelly and Wolk opposed.
Additionally, a request to advertise changes to sections of the township zoning ordinance and raise the maximum residential height limit from 35 feet to 40 feet - requested by Posocco Properties and previously tabled at the board’s April 15 meeting - was approved.
Community Development Director George Kinney said township staff had assembled a history on the previous height limit per the commissioners’ request at the previous meeting and said the original 35-foot limit was due to historical fire safety equipment limitations.
Kelly said while she supported the amendment for the specific zones needed by the developer, she was concerned about making a sweeping change to all residential zoning categories while the township was updating the comprehensive plan and zoning ordinances.
Kinney said the impetus for the complete change was to create consistency across all residential zoning districts and said after the request for advertisement is approved, the board could look into restricting the height limit change to the sections requested by the developer.
Under resolutions, the board approved the appointment of Barry Isett and Associates as the alternate commercial code inspector and the appointment of Keycodes as the alternate residential code inspector.
In other business, township Manager Renee Bickel reported work has restarted on the Campus Renovation Project and the recycling center would reopen May 11 with mask-wearing requirements and reduced vehicle access.
The next commissioners meeting is scheduled to be held virtually via GoToMeeting 7 p.m. on May 20.