A Work Session of the Whitpain Township Board of Supervisors was held on Tuesday, September 16, 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 16, 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, Director of Finance John Marcarelli, Police Chief Mark A. Smith, Director of Public Works Ronald J. Cione, Director of Code Enforcement Michael E. McAndrew, Fire Marshal David M. Camarda and Director of Parks and Recreation Kurt W. Baker were also present. One reporter was present.

The Supervisors reviewed the agenda discussing the civilian commendation to be awarded that evening, announcement of the Executive Session held that evening, September 16th at 7:00 PM to discuss a personnel matter, announcement of the rededication of the Franklinville School by the Historical Society of Whitpain on Sunday, September 21 from 1PM to 4 PM, approval of the minutes of the September 2, 2008 Supervisors' Meeting, approval of the Treasurer's Reports for the months of July 2008 and August 2008, acknowledgement that the Board of Supervisors has received the 2009 MMO for the Police and Non-Uniformed Pension Plans, a motion to piggyback the COSTARS Contract for liquid magnesium chloride with corrosion inhibitor for the period October 1, 2008 through September 30, 2009, authorization of final release of all remaining funds from the escrow fund for the PNC Bank, adoption of Resolution Number 862 authorizing 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, and several Zoning Hearing Board applications.

Mrs. Lieberman and Mr. Marcarelli confirmed with the Supervisors that the Budget Calendar they received was acceptable. It was.

Mrs. Lieberman then noted that Mr. Palmer had asked her to place the subject of sheds in the floodplain on the agenda. He explained that someone had contacted him because he had had a garage/barn on a slab on his property, which he removed and now wanted to place a shed on the slab. He had applied for a permit and was told that the area in question was designated floodplain and that if the previous structure had been gone for more than a year, he had to go to the Zoning Hearing Board for permission to place the shed there. There was then a discussion about this requirement and the designation of alluvial soils as floodplain. No resolution was reached.

The Supervisors then left for the public meeting.

At approximately 8:15 PM the work session was reconvened.

The Supervisors discussed land acquisition and Wings Field.

At approximately 8:45 PM the work session was adjourned.

Phyllis C. Lieberman 
Whitpain Township Manager

#16 - 2008

The regular meeting of the Whitpain Township Board of Supervisors was held on Tuesday, September 16, 2008 at the Whitpain Township Building, 960 Wentz Road, Blue Bell, PA. Supervisors Joseph J. Palmer, Brian W. Young, Anthony F. Greco, William McKernan, and Adam Zucker were present. Township Manager, Phyllis Lieberman, Township Engineer/Assistant Township Manager, Roman Pronczak, Township Solicitor, James J. Garrity, Finance Director, John Marcarelli, Director of Public Works, Ronald J. Cione, Code Enforcement Officer, Michael E. McAndrew, Fire Marshal, David M. Camarda, Park and Recreation Director, Kurt W. Baker, Police Chief, Mark Smith, and Recording Secretary, Michele Alifano were also present. There were 5 members of the public in attendance.

Following the Pledge of Allegiance, Chairman Palmer called the meeting to order. In honor of the lives lost and in appreciation for the people who acted as heroes on September 11, 2001, there was a moment of silence observed. Chairman Palmer stated all emergency personnel were honored at the second annual Blue Mass, which was held on September 11, 2008, at St. Helena's Church. He emphasized the powerful nature of the homily which recognized the higher standard that is served by our emergency personnel.

At this time, the Board of Supervisors presented a Civilian Commendation to Mr. Richard Shuttleton for actions taken at a residential fire on Tuesday, May 13, 2008 at 545 Leslie Lane. Chairman Palmer presented the details of the events of that evening in which Mr. Shuttleton alerted the occupants of the home to the fire, and used a portable fire extinguisher to control the fire while awaiting the arrival of the fire department. His actions helped to prevent both civilian injury, as well as further damage to the home.

Chairman Palmer announced that the Board of Supervisors Board of Supervisors held an Executive Work Session to discuss a personnel matter on Tuesday, September 16, 2008 at 7PM. The session was closed to the public. Also, there will be a rededication of the Franklinville School by the Historical Society of Whitpain Township which will be held on Sunday, September, 21, 2008 from 1 PM to 4PM. There will be no on-site parking at the school, so a shuttle bus will be available at Montgomery County Community College, located near the Morris Road bus stop.

A motion was made by Mr. Young, duly seconded by Mr. Greco, and unanimously passed to approve the minutes of the September 2, 2008 Supervisors' Meeting.

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

A motion was made by Mr. Greco, duly seconded by Mr. Zucker, and unanimously passed to acknowledge that the Board of Supervisors has received the 2009 MMO for the Police and Non-Uniformed Pension Plans for Whitpain Township as per Act 205 of 1984. Mrs. Lieberman explained that MMO stands for Minimum Municipal Obligation. Chairman Palmer stated the Township calculates and contributes an amount of money to the Pension Plans, based on the amount of money that is received from the State.

A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to piggyback COSTARS Contract 4600013603 for liquid magnesium chloride with corrosion inhibitor for the period October 1, 2008 through September 30, 2009. This year's price is $.90/gallon through Imus, Inc. of Ava, NY. Last year's price was $.78/gallon.

A motion was made by Mr. Greco duly seconded by Mr. Young, and unanimously passed to authorize the final release of all remaining funds from the escrow fund for the PNC Bank (LD-2-06). The remaining balance is $253,278.74.

A motion was made by Mr. Zucker, duly seconded by Mr. Greco, and unanimously passed to adopt Resolution Number 862 authorizing 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.

The Board of Supervisors took no action regarding the following applications to the Zoning Hearing Board:

NO. 1804-08: Application filed by Mark Roberts & Dolores Mihalich as owners of the property located at 1557 Sullivan Drive, Blue Bell, Pennsylvania, 19422 for variances from the terms of Article VII, Section 160-33 and Article XXVIII, Section 160-194 to allow a 10' x 17' addition reducing the minimum required rear yard from 50' to 40' at the subject property. The zoning classification of the subject property is "R-2" Residence District.

NO. 1805-08: Application filed by Dennis Gruenke & Kristen Rawlings as owners of the property located at 1749 Arlington Road for variances from the terms of Article VII, Section 160-31 and Article XXVIII, Section 160-193 to allow an 18' x 30' one-story addition in the side yard reducing the minimum required side yard from 25' to 12' and reducing the minimum required aggregate side yards from 60' to 42' at the subject property. The zoning classification of the subject property is "R-2" Residence District.

NO. 1806-08: Application filed by Ten Sentry Associates, LP as owner of the property located at 300 Sentry Parkway for the following relief at the subject property:

1. A variance from the terms of Article XXVI, Section 160-182.2.E to allow a four (4) square foot façade sign for a tenant occupying less than 50% of the total building floor area, such sign area for the purpose of installing an exterior ATM displaying the name and logo of the financial institution.

2. A variance from the terms of Article XXVII, Section 160-183B.(2)(r) to reduce the minimum required parking spaces for the 2,377 square foot bank from one (1) parking space for every 150 square feet of total area plus one (1) parking space for each employee (16 spaces plus one for each employee) to one (1) parking space for every 300 square feet of total area providing no parking spaces for eight (8) employees.

The zoning classification of the subject property is "AR-1" Administrative and Research District.

The Board of Supervisors then considered the following applications to the Zoning Hearing Board:

NO. 1799-08: Application filed by Barshak Restaurant, Inc. DBA Alison at Blue Bell as tenant of the property located at 721 Skippack Pike, Blue Bell, PA, 19422 for the following relief at the subject property:

1. A variance from the terms of Article XVII, Section 160-114.D.(2) and Article XXV, Section 160-193 to allow a 10' x 8' walk-in freezer reducing the minimum required side yard from 10' to 3' 5/16".

2. A variance from the terms of Article XVII, Section 160-114.G and Article XXV, Section 160-203.C to reduce the minimum required green space from 35,931 sq. ft. to 35,755.75 sq. ft, reducing the minimum required green space from 35% to 32.65%.

3. A variance from the terms of Article XXVII, Section 160-183.B.(2).(J) to request the following relief:

A. To allow the new enclosed area to maintain a parking space ratio of one parking space per 113.75 square feet as approved in ZHB Decision No. 1523-04 for outdoor dining, reducing the number of parking spaces required by the one parking space per 75 square foot ratio.

B. To reduce the number of parking spaces required by not providing the (2) required parking spaces for the 112 square foot vestibule enclosure.

C. To remove Condition #4 from the June 17, 2004 Zoning Hearing Board Decision No. 1523-04.

The zoning classification of the subject property is "C" Commercial District.

Chairman Palmer stated at a previous meeting, the Board of Supervisors had requested that the Township Solicitor appear in opposition to this application, due to the request for a reduction in green space. The applicant subsequently agreed to withdraw that particular request at the Zoning Hearing Board meeting to be held on September 18, 2008. A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and unanimously passed to withdraw the Board's opposition to the application.

NO. 1803-08: Application filed by T-Mobile Northeast, LLC as tenant of the property located at 152 Mathers Road, Ambler, PA, 19002 for the following relief at the subject property:

1. A special exception from the terms of Article XXII, Section 160-131.G.(2) to permit the property to be used as a wireless communication facility consisting of nine (9) communication antennas extending to a height of 132' on a 130' monopole inside a 20' x 40' fenced compound. The equipment cabinets will be located on a 10' x 20' concrete slab inside the compound.

2. A variance from the terms of Article XXII, Section 160-131.G.(2) to allow an increase of the maximum height of the communications tower from 100' to 132' on the subject property.

The zoning classifications of the subject property are "P-R" Parks and Recreational and "I" Limited Industrial Districts.

A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed for the Board of Supervisors to remain neutral on the request for the special exception, and for them to oppose the request for a variance regarding the height of the communications tower.

Vice-Chairman Young then called for any comments or questions from the Board. There were none. He then called for any comments or questions from the audience. There were none. With no further business to come before the Board, Vice-Chairman Young adjourned the meeting at 8:15 p.m.

Anthony F. Greco
Secretary

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