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Work Session #14 - 2007 A Work Session of the Whitpain Township Board of Supervisors was held on Tuesday, July 17, 2007 at the Whitpain Township Building, 960 Wentz Road, Blue Bell, PA at 7:30 PM for the purpose of reviewing the agenda of the July 17, 2007 Supervisors' Meeting. Chairman Leigh P. Narducci was present with Supervisors Joseph J. Palmer, Brian W. Young, William L. McKernan III, and Anthony F. Greco. Township Solicitor J. Peirce Anderson, Township Manager Phyllis C. Lieberman, Assistant Township Manager/Township Engineer Roman M. Pronczak, Chief Mark A. Smith, Director of Finance M .Elizabeth McBride, Director of Code Enforcement Michael McAndrew, and Parks and Recreation Director Kurt W. Baker were also present. Director of Public Works Ronald J. Cione and Fire Marshal David M. Camarda were absent. There was one reporter and three residents present. The Supervisors reviewed the agenda discussing approval of the minutes of the June 19, 2007 Supervisors' Meeting, approval of the June 2007 voucher list, approval of the Treasurer's Report for the month of June 2007, a motion to authorize the Township Manager to send out a request for proposals for a Feasibility/Master Plan Study for a Township Wide Trail Plan, approval of amendments to a previously approved subdivision plan for Windermere involving the elimination of the low flow channel in the detention basin, a motion to authorize the execution of a lease agreement between Whitpain Township and American Towner for the telecommunications tower located on the Township owned Cook Tract, consideration of a request for a waiver from the requirement of preparing a Land Development Plan for a four foot wide concrete walkway extending form the existing bus shelter along Morris Road to the internal roadway near the gatehouse at Normandy Farm Estates, consideration of a request for a waiver from the requirement of preparing a land development plan for a 389 square foot addition for additional bathrooms and an office at 1529 DeKalb Pike, Whitpain Tavern, approval of a Stormwater Best Management Practices Operations and Maintenance Agreement between John and Susan Wenz, owners of 1045 Stonybrook Drive and Whitpain Township, approval of a Stormwater Best Management Practices Operations and Maintenance Agreement between 1660 Pemberton Road, LLC., owners of 1660 Pemberton Road and Whitpain Township, two releases of escrow, one for the Broad Axe Tavern and the other for Windermere, approval of the Planning Module for Deer Hollow at Blue Bell, approval of the Land Development Plan for Office Building and Parking Lot Expansion at 775 Penllyn Blue Bell Pike, consideration of a request from St. Dunstan's Church for a waiver of the fee paid for a recent Zoning Hearing Board application for a sign, a public hearing on proposed Ordinance No. 15-5 repealing the current Section 136-22 of the Code of the Township and replacing it with a defined penalty for realty transfer taxes unpaid when due, calculated at an interest rate of ten percent per annum, a public hearing on proposed Ordinance No. 306 prohibiting parking except to handicapped persons or disabled veterans on a portion of Maple Avenue, and several Zoning Hearing Board applications. Susan Mundambi, Chairperson of the Trails Committee then addressed the Board. She explained that the remaining County Open Space money, approximately $300,000 plus, must be approved and spent by April 2008. She noted that her committee is at the point now where it is ready to go out with an RFP for a Feasibility/ Master Plan Study for a Township Wide Trail System and asked the Supervisors to vote to do that at the meeting that evening. She explained that the process is lengthy and that we need to get started on it now if we are to meet the County deadline. After some discussion, the Supervisors agreed to vote on the matter that evening and thanked her for her service to the community. Mrs. Lieberman then noted that we had received a letter from a parent whose children are in the Township camp program and who disagreed with the Township's policy of only allowing those persons listed by the parent as individuals who may pick up their children to pick them up at the end of the day. She said that she had an emergency and her neighbor who was on the list, was on vacation. Mr. Baker and Mrs. Lieberman explained that every township has this policy for liability purposes. After a short discussion, the Board agreed that the policy should remain in place. The Supervisors discussed the proposed Disturbing the Peace Ordinance amendment prohibiting noises constituting a disturbance of the peace on Saturdays and Sundays before 8:00 AM and after 11:00 PM. The Supervisors were not in agreement as to the necessity of this change as the problem only pertains to one development presently being constructed. They suggested that the proposed ordinance be kept on hold to see if there was a better solution to the problem. The Supervisors then discussed the proposed metal container ordinance. There was some confusion as to if this ordinance was necessary. After some discussion, it was decided to move forward with the public hearing. Mrs. Lieberman explained that she had distributed the proposed revised Employee Handbook and asked if any Supervisors had any issues or objections. They did not. The Supervisors then left for the public meeting. The Work Session was reconvened at 8:30 PM. The Supervisors discussed a memo that the Director of Finance had written regarding some proposed changes from the 2007 Budget. The items had to do with computer equipment and modular furniture in the front reception office. The computer equipment was a necessity that hadn't been expected and therefore was not budgeted. The modular furniture was needed because the secretary from the Park and Recreation needs to be moved to the front office, where everyone will be cross trained. The work load in the Park and Recreation Department in season is too great for one person to handle and since the Board has not approved a part timer when requested in the past, this new solution was suggested. After some discussion, the Board agreed, but, in general, that the Budget be followed as adopted. Mrs. Lieberman noted that DVIT is suggesting that Municipal members support State wide legislation regarding sexual predators. Many municipalities have enacted their own ordinances, which may prove to be unconstitutional; therefore DVIT is suggesting that we write to Senator Rafferty supporting his legislation regarding this matter. The Supervisors agreed. The Supervisors then discussed a legal matter. At approximately 9:15 PM the Work Session was adjourned. Phyllis C. Lieberman
Following the Pledge of Allegiance, Chairman Narducci called the meeting to order. A motion was made by Mr. Palmer, duly seconded by Mr. Greco, and unanimously passed to approve the minutes of the June 19, 2007 meeting. A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed motion to approve all expenditures for the June, 2007 voucher list. A motion was made by Mr. Palmer, duly seconded by Mr. Young, and unanimously passed to approve the Treasurer's Report for the month of June, 2007. A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to authorize the Township Manager to send out request for proposals (RFP) for a Feasibility/Master Plan Study for a Township Wide Trail Plan. A motion was made by Mr. Palmer, duly seconded by Mr. McKernan, and unanimously passed to approve amendments to a previously approved subdivision plan for the Windermere Project titled "Plans of Subdivision of Windermere", prepared by Stout, Tacconelli & Associates, Inc., dated August 12, 1996 and latest revision dated June 8, 2006.This amendment involves eliminating the low flow channel in the detention basin. Chairman Narducci explained there had been some division among the residents of Windemere regarding the installation of the low flow channel, as well as walking trails. The residents and the developer have reached an agreement, and the opinion was unanimous to remove the channel. A motion was made by Mr. Greco, duly seconded by Mr. Young, and unanimously passed to authorize the execution of a lease agreement between Whitpain Township and American Tower for the telecommunications tower located on Township owned property on the Cook Tract. A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed to waive the requirement of preparing a land development plan for a 4 foot wide concrete walkway extending from the existing bus shelter along Morris Road to the internal roadway near the gatehouse at Normandy Farm Estates. A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed to waive the requirement of preparing a land development plan for a 389 square foot addition for additional bathrooms and an office at 1529 DeKalb Pike, Whitpain Tavern. A motion was made by Mr. Palmer, duly seconded by Mr. Greco, and unanimously passed to approve a Stormwater Best Management Practices Operations and Maintenance Agreement between John & Susan Wenz, owners of 1045 Stonybrook Drive and Whitpain Township. This agreement addresses maintenance responsibilities for an on-site stormwater management system. A motion was made by Mr. Palmer, duly seconded by Mr. Young, and unanimously passed to approve a Stormwater Best Management Practices Operations and Maintenance Agreement between 1660 Pemberton Rd., LLC, owners of Pemberton Rd and WhitpainTownship. This agreement addresses maintenance responsibilities for an on-site stormwater management system. A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to release $ 66,218.68 (Release #4) from the escrow fund for the Broad Axe Tavern, 901 W. Butler Pike (LD-3-06). A motion was made by Mr. Greco, duly seconded by Mr. Young, and unanimously passed to authorize final release (Release #10) from the escrow fund for the Windermere Development (S-6-96), located on the northwestern side of DeKalb Pike and Morris Road. A motion was made by Mr. Greco, duly seconded by Mr. Palmer, and unanimously passed to adopt Resolution Number 829 approving the Planning Module for Deer Hollow at Blue Bell (former Kowalski/Mayer/Valeri Tracts), which is on the northeastern side of the intersection of Skippack Pike and North Wales Road. A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and unanimously passed to adopt Resolution Number 830 to approve Land Development Plan titled "Office Building and Parking Lot Expansion, Preliminary/Final Land Development Plans - 775 Penllyn Blue Bell Pike - Sheets 1 of 13 through 13 of 13", prepared by Bohler Engineering, plans dated May 8, 2007 in accordance with Section 509 (b) of the Pennsylvania Municipalities Planning Code conditioned upon execution of an Improvement Construction Agreement, posting of financial security, receipt of all necessary permits from the Pennsylvania Department of Environmental Protection, and resolution of items in letter from the Township Engineer dated June 8, 2007. A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to waive the fee paid for a Zoning Hearing Board application for a sign at St. Dunstan's Church. As advertised, a public hearing for proposed Ordinance #15-5, an Ordinance amending Chapter 136, Article II, §136-22 of The Code of the Township of Whitpain, by repealing the current §136-22 and replacing it with a defined penalty for realty transfer taxes unpaid when due, calculated at an interest rate of ten (10%) percent per annum and repealing all Ordinances or portions of Ordinances inconsistent therewith. Chairman Narducci explained that Realty Transfer taxes are imposed when a property is sold within the Township, and it is a tax that is calculated on the value of the property and is usually paid at settlement. There being no comment from the Board or the audience, a motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to adopt Ordinance #15-5. As advertised, a public hearing for proposed Ordinance #306, an Ordinance prohibiting parking except to handicapped persons or disabled veterans on a portion of Maple Avenue, Whitpain Township, Montgomery County, Pennsylvania and fixing penalties for violations. There being no comment from the Board or the audience, a motion was made by Mr. McKernan, duly seconded by Palmer, and unanimously passed to adopt Ordinance #306. The Board of Supervisors took no action regarding the following applications to the Zoning Hearing Board: NO: 1740-07: Application filed by Boehm's United Church of Christ with the permission of Skippack Land Partners, LP, the owner of 599 Skippack Pike, Blue Bell, PA, 19422 for variances from the terms of Article XXIII, Section 160- 181.B and Section 160-182.2.C to allow a 21 ½" x 45" double sided off-premises directional sign increasing the maximum sign area from 2 sq. ft. to 6.71 sq. ft at the subject property. The zoning classification of the subject property is "C" Commercial District. NO: 1741-07: Application filed by T-Mobile Northeast, LLC as tenant of the property located at 945 Jolly Road for the following relief at the subject property:
NO: 1742-07: Application filed by Charles Campagnucci with the permission of Salvatore Paone, the owner of the property located at 931 Butler Pike for a variance from the terms of Article XXIV, Section 160-183-B(2).(J) to reduce the minimum required parking spaces from 68 (required after the restaurant expansion) to 40 at the subject property. The zoning classification of the subject property is "C" Commercial District. NO: 1743-07: Application filed by George D. O'Donnell as owner of the property located at 1431 Butler Pike for variances from the terms of Article X, Section 160-52, Article XXV, Section 160-192, and Article XXV, Section 160-193 to allow a shed to remain in the front and side yard (where the shed was located at the time of purchase) rather than in the rear yard as required at the subject property. The zoning classification of the subject property is "R5" Agricultural/Rural District. NO: 1744-07: Application filed by Parec Phipps' Station Associates as owners of 855 Penllyn Blue Bell Pike, Blue Bell, PA, 19422 for the following relief at the subject property:
NO: 1746-07: Application filed by Francisco & Norma A. Rivera, as owners of 531 W. Greystone Road, Ambler, PA, 19002 for variances from the terms of Article VII, Section 160-31 and Article XXV, Section 160-193 to allow an existing 12' x 16' porch to be converted to an addition reducing the minimum required aggregate side yards from 60' to 52' at the subject property. The zoning classification of the subject property is "R-2" Residence District. NO: 1747-07: Application filed by First Church of Christ, Scientist, as a tenant of 921 Penllyn Blue Bell Pike, Blue Bell, PA, 19422 for the following relief at the subject property:
NO: 1748-07: Application filed by Christopher R. & Rebecca A. Hepler as owners of 18 Mercer Hill Road, Ambler, PA, 19002 for variances from the terms of Article VII, Section 160-31 and Article XXV, Section 160-193 to permit a 16' x 25' deck on the rear of the house reducing the minimum required side yard from 25' to 19' and to reduce the minimum required aggregate side yards from 60' to 39' at the subject property. The zoning classification of the subject property is "R-2" Residence District. NO: 1749-07: Application filed by Thomas R. & Jacquelyn E. Mullock as owners of 1483 Balboa Bend, Blue Bell, PA, 19422 for variances from the terms of Article VII, Section 160-31 and Article XXV, Section 160-193 to permit a 23'-6" x 11'-10½" two-story attached addition to the side of the house reducing the minimum required side yards from 25' to 18' and reducing the minimum required aggregate side yards from 60' to 50' at the subject property. The zoning classification of the subject property is "R-2" Residence District. NO: 1750-07: Application filed by Patricia Frick as owner of 1091 Kurt Drive, Blue Bell, PA, 19422 for variances from the terms of Article VII, Section 160-15 and Article XXV, Section 160-193 to allow a 26' x 30' one-story addition to the side of the house reducing the minimum required side yards from 45' to 37' and reducing the minimum required aggregate side yards from 100' to 87' at the subject property. The zoning classification of the subject property is "R-1" Residence District. NO: 1751-07: Application filed by Dennis M. & Tenita M. Kennedy as owners of 1190 Horseshoe Drive, Blue Bell, PA, 19422 for variances from the terms of Article VII, Section 160-74.B.(2).(e) and Article XXV, Section 160-192 to allow a 20' x 24' two-story addition for a master bedroom and a 1 ½ car garage to the side of the house reducing the minimum required front yard from 35' to 18' at the subject property. The zoning classification of the subject property is "R-7" Residential District. Two representatives, Mr. Marc Jonas, Esq. of the law firm of Eastburn & Gray, and Mr. Ronald E. Klos, Jr., P.E. of Bohler Engineering, were present for Zoning Hearing Board Case #1745-07, regarding signage at Citizens Bank. Mr. Jonas explained that the application had been amended, due to the recommendations of the Whitpain Township Planning Commission, because the original proposed plan was considered too ambitious. The amended application requested relief that includes one new identification sign, one façade sign, and two directional signs that are only one square foot larger than what is currently permitted. The Board of Supervisors chose to take no action on this case. Chairman Narducci announced that there will be only one Board of Supervisors meeting next month on Tuesday, August 7, 2007. There being no further business to come before the Board, on motion made by Chairman Narducci, the meeting was adjourned at 8:20 PM. Respectfully submitted, Brian W. Young
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