A Work Session of the Whitpain Township Board of Supervisors was held on Tuesday, September 2, 2008 at the Whitpain Township Building, 960 Wentz Road, Blue Bell, PA at 7:30 PM for the purpose of reviewing the agenda of the September 2, 2008 Supervisors' Meeting. Chairman Joseph J. Palmer was present with Supervisors Brian W. Young, Anthony F. Greco, William L. McKernan III, and Adam D. Zucker. Township Solicitor James Garrity, Township Manager Phyllis C. Lieberman, Assistant Township Manager/Township Engineer Roman M. Pronczak, Police Chief Mark A. Smith, Director of Public Works Ronald J. Cione, Director of Code Enforcement Michael E. McAndrew, and Director of Parks and Recreation Kurt W. Baker were also present. One member of the public and one reporter were present. Director of Finance John Marcarelli and Fire Marshal David M. Camarda were absent.

The Supervisors reviewed the agenda discussing the introduction of and swearing in of a new police officer, Eric Frock, announcement of two Executive Sessions, one on August 26th at 8:30 AM and the other that night, September 2nd at 7:00 PM, approval of the minutes of the August 5, 2008 Supervisors' Meeting, approval of the August 2008 Voucher List , approval of the Treasurer's Report for the month of August 2008, a motion to accept with regret the resignation of Kathy Lee Pape, Esq. from the Zoning Hearing Board and the presentation of a plaque thanking her for her many years of service to the Township, a motion to appoint Mark C. Clemm, Esq. to fill the vacancy on the Zoning Hearing Board, consideration of a request from the Centre Square Fire Company to post signs throughout the Township advertising their upcoming Fire Expo, a motion to piggyback the State Contract for sodium chloride, approval of Change Order # 4 for the Morris Road and Penllyn Pike Intersection Project, consideration of a request from Sunrise Assisted Living for a waiver from the requirement of preparing a land development plan for the construction of a 10' x 22' storage shed, consideration of a request from Montgomery County Community College for a waiver from the requirement of preparing a land development plan for landscaping improvements near the Art Barn, a confirming motion to release escrow for the Broad Axe Tavern, approval of an agreement between Whitpain Township and Ballenrose Golf Course Management Co. regarding granting the Township the right-of-entry onto the property to perform clearing and grading necessary for drainage improvements, approval of Addendum No. 1 to the Improvement Construction Agreement between Whitpain Township , Latham Realty Associates, LP and Sovereign Bank pertaining to Phases II and III at Blue Bell Springs, a motion to authorize the Chairman and Secretary to sign the necessary forms to transfer fee simple ownership of required rights-of-way for the Skippack Pike-Narcissa Road-Prophecy Creek Driveway Improvement Project from Whitpain Township to the Commonwealth of Pennsylvania, approval of Resolution No. 861 voiding the previous line painting award to Interstate Road Management due to an error in a mathematical calculation by the Township and awarding the bid to PSX of Kennett Square in the low bid amount of $16,190.62, a motion to authorize the Township Manager to re-advertise proposed Ordinance #4-223, and consideration of a Conditional Use Application filed by Normandy Development, L.P.

The Supervisors then discussed 3 litigation matters.

The Supervisors then left for the public meeting.

The work session was not reconvened.

Phyllis C. Lieberman
Whitpain Township Manager

#15 - 2008

The regular meeting of the Whitpain Township Board of Supervisors was held on Tuesday, August 7, 2007 at the Whitpain Township Building, 960 Wentz Road, Blue Bell, PA. Supervisors Leigh P. Narducci, Joseph J. Palmer, Brian W. Young, Anthony F. Greco, and William F. McKernan were present. Township Manager, Phyllis C. Lieberman, Township Engineer/Assistant Township Manager, Roman Pronczak, Township Solicitor, J. Peirce Anderson, Director of Finance, M. Elizabeth McBride, Code Enforcement Officer, Michael E. McAndrew, Police Chief Mark A. Smith, Park and Recreation Director, Kurt W. Baker, Director of Public Works, Ronald J. Cione, Fire Marshal, David M. Camarda and Recording Secretary, Michele Alifano were also present. There were approximately 10 members of the public in attendance.

Following the Pledge of Allegiance, Chairman Palmer called the meeting to order.

The first order of business was the swearing in of new Police Officer, Eric Frock, by District Judge John S. Murray, III. Chairman Palmer provided a brief biography for the new officer.

An announcement was made regarding two executive sessions that were held at the Township Building, one on August 26, 2008 to discuss land acquisition, and the other on September 2, 2008, to discuss a legal matter. Both sessions were closed to the public.

A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed to approve the minutes of the August 5, 2008 Supervisors' Meeting.

A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to approve all expenditures on the August, 2008 Voucher List, which totalled $1,284,102.79.

A motion was made by Mr. McKernan, duly seconded by Mr. Zucker, and unanimously passed to approve the Treasurer's Report for the month of August, 2008.

A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and unanimously passed to accept the resignation of Kathy Lee Pape, Esq. from the Zoning Hearing Board. At this time, Chairman Palmer expressed the Township's appreciation for Ms. Pape's twelve years of dedicated service on the Planning Commission, as well as the Zoning Hearing Board, and presented Ms. Pape with an award in recognition of her efforts.

A motion was made by Mr. Greco, duly seconded by Mr. Young, and unanimously passed to appoint Mark C. Clemm, Esq. to fill the vacancy on the Zoning Hearing Board. This term will expire on December 31, 2008..

A motion was made by Mr. McKernan, duly seconded by Mr. Zucker, and unanimously passed to approve a request from the Centre Square Fire Company to post signs advertising their upcoming Fire Expo at various intersections throughout Whitpain Township for approximately 15 days prior to the event.

A motion was made by Mr. Young, duly seconded by Mr. Greco, and unanimously passed to piggyback State Contract #6810-02 for sodium chloride for the period August 1, 2008 through July 31, 2009. This year's price is $58.34/ton through American Rock Salt Co., LLC of Mt. Morris, NY. Last year's price was $44.31/ton.5.

A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed to approve Change Order 4 for the Morris Road and Penllyn Blue Bell Pike Intersection Improvement Project revising the total contract price from $697,831.04 to $705,784.04. This change order involves additional costs associated with extending a storm sewer for improved drainage. The project will still be within the amount budgeted.

A motion was made by Mr. McKernan, duly seconded by Mr. Young, and unanimously passed to approve a request from Sunrise Assisted Living for a waiver from the requirement of preparing a land development plan for the construction of a 10' x 22' storage shed.

A motion was made by Mr. Young, duly seconded by Mr. Zucker, and unanimously passed to approve a request from the Montgomery County Community College for a waiver from the requirement of preparing a land development plan for landscaping improvements near the Art Barn. Chairman Palmer recused himself from the vote.

A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed to release $ 100,173.86 (Release #6) from the escrow fund for the Broad Axe Tavern, 901 W. Butler Pike (LD-3-06).

A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and unanimously passed to approve an agreement between Whitpain Township and Ballenrose Golf Course Management Co., regarding granting to the Township the right-of-entry onto the property to perform clearing and grading necessary for drainage improvements.

A motion was made by Mr. Greco, duly seconded by Mr. Zucker, and unanimously passed to approve Addendum No. 1 to the Improvement Construction Agreement between Whitpain Township, Latham Realty Associates, LP and Sovereign Bank. This agreement pertains to Phases II and III at Blue Bell Springs.

A motion was made by Mr. Young, duly seconded by Mr. Zucker, and unanimously passed to authorize the Chairman and Secretary to sign the necessary forms to transfer fee simple ownership of required rights-of-way for the Skippack Pike - Narcissa Road - Prophecy Creek Driveway Improvement Project from Whitpain Township to the Commonwealth of Pennsylvania.

A motion was made by Mr. Greco, duly seconded by Mr. Young, and unanimously passed to approve Resolution No. 861, voiding the previous line painting award to Interstate Road Management due to an error in a mathematical calculation by the Township, and awarding the bid to PSX of Kennett Square, PA in the low bid amount of $16,190.62.

Chairman Palmer reviewed the next agenda item, which would allow the Township Manager to re-advertise Ordinance #4-223, which had been previously adopted at the August 5, 2008 Supervisors' meeting. Township Solicitor, James J. Garrity, provided an explanation for members of the public regarding a statement of misinformation being provided just before the vote was made to adopt the Ordinance. The statement that was made indicated that certain procedural items were not being deleted from the Ordinance, when in fact they actually were deleted. In order to eliminate any confusion, Mr. Garrity has requested that the Board of Supervisors void the Ordinance that was passed in August, and re-advertise and then re-adopt the Ordinance in its entirety at a subsequent meeting.

A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to authorize the Township Manager to re-advertise proposed Ordinance #4-223, an Ordinance amending the Code of the Township of Whitpain, Part II (General Legislation), Chapter 160 (Zoning) by deleting Chapter 160 in its entirety and replacing it with a new Chapter 160 entitled "Zoning" including the following articles: Preliminary Provisions; Definitions; Zoning District; R-1 Residence District; P-R Park and Recreation District; R-2 Residence District; R-3 Multi-Family District; R-3A Low-Intensity Multi-Family District; AQRC-Age Qualified Residential Community; R-4 Village Preservation District; R-5 Agricultural/Rural Residence District; R-6 Agricultural/Rural Residence District; R-7 Residence District; R-8 Residence District; R-9 Residence District; A-R And A-R-1 Administrative and Research District; R-E Research and Engineering District; C Commercial District; VC Village Commercial District; C-1 Commercial District; I Limited Industrial District; IN Institutional District; SC Shopping Center District; FP Floodplain Conservation District; Signs; Off-Street Parking and Loading; General Provisions; Non-Conforming Uses; Administration; Zoning Hearing Board; Violations and Penalties; Fees, Remedies and Amendments.

At this time, the Supervisors considered a Conditional Use Application(CU#20-08), filed by Normandy Development, L.P., as owners of the property at 1401 Morris Road, Blue Bell, PA 19422 for the following:

1. The Applicant requests a minor modification to previously issued conditional use decisions to increase the size of the bar/restaurant area in the existing Hotel and Conference Center by an additional 956 square feet, as depicted on a Plan of Land Development for the Village of Normandy last revised May 18, 2008, prepared by Hibbeln Engineering Company, a copy of which is attached hereto as Exhibit "A". The prior approved Bar/Restaurant Expansion was never constructed. The Applicant now seeks to complete the approved Bar/Restaurant Expansion and requests an amendment to the Board of Supervisors' September 18, 2007 Conditional Use Decision to allow an additional 956 square feet of expansion area.

The pertinent section of the Whitpain Township Zoning Ordinance, Chapter 160, Article XI, Section 160-66.1.D. The zoning classification of the subject property is "R-6" Agricultural/Rural Residence District with historic preservation.

Chairman Palmer commented that a public hearing was held on August 5, 2008, and following considerable discussion, the record was closed on that evening. Township Solicitor, James J. Garrity, Esq. explained that since the record has been closed, no further testimony or comments may be considered by the Board of Supervisors, and that all that they may do is render a vote on the application. The Board of Supervisors had requested that Mr. Garrity prepare a draft decision that would grant the Conditional Use request, subject to a list of specific conditions which Mr. Garrity read aloud for the benefit of those in attendance at the meeting. The conditions were as follows:

1. The plans that are to be submitted to the Township for the expansion to the bar area are expected to be in accordance with the plans and testimony that were submitted on the night of the hearing, and those plans will be subject to preliminary and final land development approval, unless a waiver is granted by the Board of Supervisors.

2. Nothing in the decision will automatically grant the construction. The proposed development will only be granted if the engineering and construction drawings can demonstrate compliance with all applicable zoning and subdivision regulations.

3. The use of the facility must be consistent with the evidence and testimony that were presented on the record, at the hearing on August 5, 2008.

4. The applicant remains bound by all the prior conditional use approvals, and they will remain binding on both the applicant and the property.

5. The exterior door facing Morris Road from the bar area shall have a maximum width of 3'-0", and shall have no exterior door hardware. The door shall have a sign on the exterior that reads "Exit Only, No Entrance".

6. The occupancy for the bar area shall be determined by the least number of occupants permitted according to the following building code criteria:

a. Units of egress width of the new 3'-0" door from the bar to the exterior.

b. The building code table for occupant loading.

c. The toilet facilities available in the bar area.

d. Any determination of the occupant loading proposed by the applicant to the extent it is less than the number computed in the calculations of (a), (b), and (c).

7. The seating plan shall be submitted to the Code Enforcement Officer for review and approval, and the extent of the bar shall be delineated on the plan.

8. Any future interior alterations to the toilet facilities or the seating plan that would affect the occupant load, would require a new Conditional Use application and hearing.

9. All of the conditions just described will be recited on the drawings of the proposed expansion.

Mr. Garrity explained that the Board of Supervisors has the right to impose any additional conditions, or modify any of the conditions that were listed. A motion was then made by Mr. Young, duly seconded by Mr. Greco, and unanimously passed to authorize the Conditional Use subject to the conditions as provided.

At this time a resident wished to comment on the Conditional Use application. Chairman Palmer explained that the record is closed which means that the Supervisors are prohibited from having further discussion. Mr. Garrity further added that since the record was closed at the legal proceeding, the Supervisors cannot receive input that would affect their decision. He explained that the members of the public have the right to comment and the right to pursue an appeal of the decision. Chairman Palmer stated that the main concerns of the residents, specifically having to do with occupancy limits in the bar and the exit door, were addressed at the August 5, 2008 meeting, and the Supervisors imposed the set of conditions to address those concerns.

Resident, Barry Lafferty, stated that his house backs up to the wall surrounding Normandy Farms, and since the bar has gone in, there has been excessive amounts of noise. He was concerned that the bar expansion would exacerbate the noise problem. Chairman Palmer responded there was interest within the community to preserve the historic property, and it is the consensus that the owners achieved that objective. He suggested that any concerns should be addressed to the owners of Normandy Farms because they have always been supportive in trying to resolve issues with their neighbors. Another resident, Everett Dyer, expressed his concern over putting a limit on the expansion at that property. Mr. Zucker stated that the restrictions that were crafted by the Board of Supervisors were put in place to specifically address the concerns that were brought before the Board on the evening of the hearing.

Resident, Barry Lafferty, stated that his house backs up to the wall surrounding Normandy Farms, and since the bar has gone in, there has been excessive amounts of noise. He was concerned that the bar expansion would exacerbate the noise problem. Chairman Palmer responded there was interest within the community to preserve the historic property, and it is the consensus that the owners achieved that objective. He suggested that any concerns should be addressed to the owners of Normandy Farms because they have always been supportive in trying to resolve issues with their neighbors. Another resident, Everett Dyer, expressed his concern over putting a limit on the expansion at that property. Mr. Zucker stated that the restrictions that were crafted by the Board of Supervisors were put in place to specifically address the concerns that were brought before the Board on the evening of the hearing.

Another resident voiced his frustration over the lack of a sufficient time period of notifying the surrounding residents of the hearing held on August 5, 2008, and of the decision being rendered tonight. Mr. Garrity replied that the hearing was advertised as required by law, and that there is no legal requirement that says the Township has to notify the residents when a decision is being rendered. Additionally, Mr. Garrity explained that there is a Zoning Ordinance with restrictions on the use at the property, as well as Pennsylvania Liquor Control Board restrictions, and seven previous conditional use decisions that restrict use at the property.

There was an inquiry by a Windermere resident regarding the ability of the Township to notify all the surrounding residents at least 30 days in advance of a hearing.

Mr. Young inquired as to how far in advance the Township was required to notify residents, to which Mr. McAndrew responded that the entire development of Windermere gets a notice of the hearing at least two weeks in advance. Mr. Garrity further added that the law has established what reasonable notice is and the Township has followed that procedure. Mrs. Lieberman stated that if the Township were to make an exception to the rule for the Windermere community, than it would be expected to make an exception for every other community.

Chairman Palmer summarized by stating that the activities at the bar will be in keeping with the nature of the hotel/conference center. Due to the record being closed, there were issues that needed to be addressed that could not be made part of the official record. He stated that is why the Board of Supervisors asked for assurances in a written letter from the owner of Normandy Farms. He remarked that the decision regarding this Conditional Use Application was made with the best interests of the surrounding community in mind.

Vice-Chairman Young called for any old business or new business. Mr. Bob McDougal extended an invitation to the Township staff and to the community to attend St.Helena's second annual Blue Mass, which is being sponsored by the Knights of Columbus, on Thursday, September 11, 2008.

Mr. McKernan asked if Mr. Garrity would explain the land development process to the members of the public in attendance at the meeting, because he felt as though they may not fully understand the all steps involved leading up to the construction phase of the project at Normandy Farms.

Mr. Wayne Schiable requested that red-lined copies of proposed Ordinances be posted on the website, and he expressed his concern that proposed Ordinances should be published and made available to the public prior to the meeting. He stated that he was told that a copy of the Ordinance was not available to his wife when she came to the Township building to obtain one. Also, he stated that he was provided with incorrect information by Township staff at the Board of Supervisors' meeting that was held on August 5, 2008, when he inquired about specific amendments contained in the Ordinance that were to be deleted in their entirety, and be replaced with new ones. In actuality, the amendments were not replaced, and he felt that the Ordinance was being falsely advertised.

Mrs. Lieberman, in response to Mr. Schiable's remarks, stated that copies of any proposed Ordinances are always made available to anyone who requests to see them. In reference to the amendments that were deleted from the Ordinance, Chairman Palmer stated that those particular items were deleted due to being deemed unenforceable. He also agreed that it would be ideal if red-lined copies of proposed Ordinances could be posted on the website.

With no further business to come before the Board, Vice-Chairman Young adjourned the meeting at 9:00 p.m.

Respectfully submitted,

Anthony F. Greco
Secretary

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