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Work Session #23 - 2007 A Work Session of the Whitpain Township Board of Supervisors was held on Tuesday, December 18, 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 December 18, 2007 Supervisors' Meeting. Chairman Leigh P. Narducci was present with Supervisors Joseph J. Palmer, Brian W. Young, Anthony F. Greco, and William L. McKernan III. Township Solicitor J. Peirce Anderson, Township Manager Phyllis C. Lieberman, Assistant Township Manager/Township Engineer Roman M. Pronczak, Police Chief Mark A. Smith, Director of Finance M. Elizabeth McBride, Director of Public Works Ronald J. Cione, Director of Code Enforcement Michael E. McAndrew, Fire Marshal David M. Camarda, and Parks and Recreation Director Kurt W. Baker were also present. One reporter and four residents were present. The Supervisors reviewed the agenda discussing service award presentations to be made at the public meeting, scheduling of meetings for the month of January 2008 and the rest of the year, approval of the minutes of the December 4, 2007 Supervisors' Meeting, approval of the Treasurer's Report for the month of November 2007, approval of the Land Development Plan for St. Helena's Church conditioned on payment of fees and completion of other Engineering Department requirements, adoption of Resolution No. 839 approving the Planning Module for the 300 Lewis Lane Subdivision, a public hearing on Proposed Ordinance No. 309 establishing a Local Services Tax, adoption of Resolution No. 840 adopting the year 2008 Annual Budget, adoption of Resolution No. 841 fixing the Township Tax Rate for 2008, and several Zoning Hearing Board applications. Mrs. Lieberman said that the first meeting of the year is mandated by law to be the first Monday in January, which falls on January 7 in 2008 and the next regularly scheduled meeting would be the following week on January 15th. She asked if the Supervisors would like to move the meeting to January 22nd. They said they would and that they would announce it at that night's public meeting. Mrs. Lieberman noted that she had received three e-mails from residents at Blue Bell Country Club requesting that the Township pursue fluoridation of water in their public water system. They are serviced by PA American Water Company. Mrs. Lieberman said that she had contacted the water company and that their written policy is that they remain neutral on the issue. They will install fluoridation at their treatment facilities only if all municipalities in the service area approve its use. They will not install fluoridation if one municipality within the service area objects to the additional treatment. Mr. Cione had done some research on the internet on the matter and found issues both pro and con. Mr. Palmer suggested that the residents be copied on his e-mail. The Supervisors discussed a legal matter and then they left for the public meeting. At approximately 8:25 PM the Work Session was reconvened. The Supervisors discussed a personnel matter. At approximately 8:45 PM the Work Session was adjourned. Phyllis C. Lieberman
#23 - 2007 The regular meeting of the Whitpain Township Board of Supervisors was held on Tuesday, December 18, 2007 at the Whitpain Township Building, 960 Wentz Road, Blu000e Bell, PA. Supervisors Leigh P. Narducci, Joseph J. Palmer, Brian W. Young, Anthony F. Greco, and William F. McKernan, III were present. Township Manager, Phyllis C. Lieberman, Township Engineer/Assistant Township Manager, Roman Pronczak, Township Solicitor, Township Solicitor, J. Peirce Anderson, Code Enforcement Officer, Michael E. McAndrew, Director of Finance, M. Elizabeth McBride, 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 40 members of the public in attendance. Following the Pledge of Allegiance, Chairman Narducci called the meeting to order. The Board of Supervisors presented awards to the following individuals in recognition for their many years of distinguished service to Whitpain Township: Mr. Robert
Ervin Zoning Hearing
Board 43 years of service An announcement was made regarding the dates for the upcoming regular Board of Supervisors' meetings which are scheduled for Monday, January 7, 2008, which will be the annual re-organizational meeting as required by law, and the second monthly meeting being held on Tuesday, January 22, 2008. A motion was made by Mr. Greco, duly seconded by Mr. McKernan and unanimously passed to approve the minutes of the December 4, 2007 Supervisors' Meeting. A motion was made by Mr. Greco, duly seconded by Mr. Palmer, and unanimously passed to approve the Treasurer's Report for the month of November, 2007. A confirming motion was made by Mr. McKernan duly seconded by Mr. Greco, and unanimously passed to approve land development plan titled "Prepared for St. Helena's Church - Sheet 1 of 5 through 5 of 5", prepared by Showalter & Associates, dated October 24, 2007 and last revised November 28, 2007 in accordance with Section 509 (b) of the Pennsylvania Municipalities Planning Code conditioned upon payment of traffic impact fees and sanitary sewer capital contributions, installation of traffic control signage and pavement markings as directed by the Engineering Department, and receipt of planning module approval from the Pennsylvania Department of Environmental Protection or being granted an exemption. A confirming motion was made by Mr. McKernan, duly seconded by Mr. Young, and unanimously passed to adopt Resolution Number 839 approving the Planning Module for the 300 Lewis Lane Subdivision which proposes to add an on-site system for the additional lot. A public hearing was held on proposed Ordinance No. 309, an Ordinance amending Chapter 136, Article I, of the Code of the Township of Whitpain by establishing a tax, to be known as the "Local Services Tax of Whitpain Township", taxing the current amount of fifty-two ($52.00) dollars on each person carrying on an occupation in Whitpain Township for purposes of funding Police, Fire and Emergency Services, Road Maintenance and Real Estate Tax reduction; setting forth the short title; providing definitions; levying the tax and the amount of the tax; imposing the duty of the collection of the tax upon employers and self-employed persons to collect the tax; setting dates for filing returns with the Township; establishing dates for determining tax liability and payments; determining the tax liability of persons engaged in more than one occupation, self-employed individuals; imposing the tax requirements upon employers and self-employed individuals residing outside of Whitpain Township; creating procedures of the administration of the tax; establishing fines, penalties and procedures for collection of delinquent or unpaid taxes which may be due; establishing exceptions for the certain individuals below a certain income level and repealing all Ordinances or portions of any Ordinances inconsistent herewith. Chairman Narducci explained that Ordinance #309 is not new, but the name of the tax has been changed and re-advertisement was required. This tax was previously known as the "Emergency and Municipal Service Tax". There was no public comment. A motion was made by Mr. Young, duly seconded by Mr. Palmer, and unanimously passed to adopt Ordinance Number 309. A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to adopt Resolution Number 840, implementing the year 2008 Annual Budget. A motion was made by Mr. Palmer, duly seconded by Mr. McKernan, and unanimously passed to adopt Resolution Number 841 fixing the Township Tax Rate for 2008 as follows: For general purposes: 1.35 mills on each dollar of assessed valuation. For debt purposes: 0.73 mills on each dollar of assessed valuation. For Fire Tax: 0.17 mills on each dollar of assessed valuation. For Fire Hydrant Tax: 0.05 mill on each dollar of assessed valuation where applicable. Chairman Narducci called for any motions to be made regarding any of the current Zoning Hearing Board cases. Mr. Palmer made a motion on case #1761-07, The Gallagher Group/Muckish Mountain Management, that the Board of Supervisors send the Township Solicitor in opposition of this case. The motion was duly seconded by Mr. Young, and unanimously passed. Mr. Anderson advised that the applicant in this case has requested a continuance until January, 2008. The Board of Supervisors took no action regarding the following applications to the Zoning Hearing Board: NO. 1763-07: Application filed by Amy B. & David Lieb as owners of the property located at 1020 Pheasant Meadow Road, Blue Bell, PA 19422 for a variance from the terms of Article V, Section 160-19 and Article XXV, Section 160-193 to allow a 7' x 6.4' spa in the side yard at the subject property. The zoning classification of the subject property is "R-1" Residence District. NO. 1764-07: Application filed by Richard D. Rollins as owner of 1410 Daws Road, Blue Bell, Penna. 19422 for the following relief:
The zoning classification of the subject property is "R-2" Residence District. NO. 1765-07: Application filed by Eric J. & Kristina Q. Meisler as owners of the property located at 2 Meade Road, Ambler, Penna. 19002 for variances from the terms of Article VII, Section 160-29 and Section 160-33, and Article XXV, Section 160-192 and Section 160-194 to allow a 19' x 28' two story addition to the Butler Pike side of the house reducing the existing non-conforming required minimum front yard along Meade Road from 50' to 36' 7" and reducing the existing non-conforming required minimum rear yard from 50' to 15' at the subject property. The zoning classification of the subject property is "R-2" Residence District. NO. 1766-07: Application filed by Diane Sanders & Jason Garth as owners of 234 W. Mount Pleasant Avenue, Ambler, Penna. 19002 for the following relief:
The zoning classification of the subject property is "R-1" Residence District. Chairman Narducci announced that the following case was withdrawn by the applicant: NO. 1762-07: Application filed by 998 DeKalb Pike Associates, LP as equitable owner of 990, 998, & 1010 DeKalb Pike, Blue Bell, Penna. 19422 for the following relief at the subject properties:
The zoning classifications of the subject property are "R-1" Residence District and "C" Commercial District. Mr. Palmer called for any comments or questions from the floor. There were none. At this time, Chairman Narducci addressed the Board, Township staff, and the audience regarding his retirement after serving on the Board of Supervisors for 27 years. He thanked Mrs. Lieberman and all of the Township staff, as well as the current Board members stating he is proud of all that they have been able to accomplish during his tenure. Mr. Bob Whittock requested clarification on the income parameters of the Local Services Tax to which Mr. Palmer explained you must have an income of $12,000 or more annually for the tax to be applicable. Mrs. Patty O'Brien, of 510 Beechnut Drive, asked for an update on the Terrenzio case. Mr. Anderson stated there was a suit filed by the Township for violations of a Change in Watercourse. This matter is scheduled to be heard before Judge Daniele for oral objections in January, 2008. Also, there was another suit filed for preliminary injunctive relief to have several items of construction equipment removed from the property due to a Property Maintenance Code violation. Mr. Anderson stated there is a hearing for the Zoning Appeal which is also scheduled for January or February of 2008. Mr. Anthony Scalese, of 1163 McKelvey Lane, wanted to clarify that Zoning Hearing Board application No. 1762-07 had been denied by the Planning Commission and he asked if the applicant would be able to re-apply. Mr. Palmer explained that if the applicant chooses to revise their plan, they may resubmit it. The Planning Commission took issue with the plan partly because it did not present an overall design for the parcel as a whole. Mr. Pronczak assured Mr. Scalese that prior to going to the Zoning Hearing Board, any revised plans would have to go before the Planning Commission again. Mr. Young commended the Whitpain Police for their professionalism in handling the recent murder investigation in the case of fourteen year old, Ebony Dorsey, a resident of the Township. Mr. Palmer also added that the Fire Company was to be commended for a job well done. There being no further business to come before the Board, on motion made by Vice-Chairman Palmer, the meeting was adjourned at 8:20 PM. Respectfully submitted,
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