A Work Session of the Whitpain Township Board of Supervisors was held on Tuesday, April 15, 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 April 15, 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 J. Garrity, Esq., Township Manager Phyllis C. Lieberman, Assistant Township Manager/Township Engineer Roman M. Pronczak, Director of Finance M. Elizabeth McBride, 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 and 4 members of the public were also present.

The Supervisors reviewed the agenda discussing the presentation of a check to the Township for a Truck Traffic Study for Township roads, approval of the minutes of the April 1, 2008 Supervisors' Meeting, approval of the Treasurer's Report for the month of March 2008, a motion to solicit requests for proposals for a Fire Services Study, consideration of a request to waive a Zoning Hearing Board application fee for Mrs. Wilma Wright, a motion to award the bid for the Roadway and Traffic Signal Improvement Project at the intersection of Morris Road and Penllyn Blue Bell Pike to the low bidder SJM Construction Company in the amount of $623,893.90, a motion to authorize McMahon Associates to proceed with the construction / contract administration services associated with the Morris Road and Penllyn Blue Bell Pike improvement project in an amount not to exceed $40,925, a motion to authorize McMahon Associates to proceed with the construction / contract administration services associated with the Morris Road Penllyn Blue Bell Pike improvement project not to exceed $7,000, a motion to adopt Resolution Number 852 approving the forms of the request for conversion related to the general obligation note, Series 2002 issued by the Township of Whitpain and repealing inconsistent resolutions, a motion to adopt Resolution Number 853 approving the forms of the request for conversion and the notice of conversion related to the general obligation note, Series B of 1999 issued by the Township of Whitpain and repealing inconsistent resolutions, a motion to adopt Resolution Number 854 which adopts the Montgomery County Natural Hazard Mitigation Plan, a motion to adopt Resolution Number 855 authorizing the Township Manager to apply to the Department of Conservation and Natural Resources for a planning grant for the purpose of carrying out the Whitpain Trail Network Plan, and several Zoning Hearing Board applications.

Mr. Cione and Ms. McBride then addressed the Board about the Curb Program. Mr. Cione explained that they are nearing the end of the project which would complete all of the curbs on the "A" list. There will be some money left over and with an additional $75,000 to $150,000, the curbs on the "B" list adjacent to the area nearing completion could be done, also. He noted that the residents in the area would like them done now and, if we do them at a later date, the price of cement will be much higher. After some discussion, the Supervisors told him to proceed with the additional work.

Mrs. Lieberman then noted that she had asked for and received a list from the Human Resources staff of longtime employees of the Township. She showed the list to the Supervisors and asked if she could propose a recognition program for these employees. She also noted the need for departments to begin succession planning. The Supervisors agreed.

Mrs. Lieberman said that an Associate from Mr. Garrity's office had done research on the ability to allow "Boy Scout " signs and had reported back to the Board that some townships do have ordinances allowing them in specified sizes and locations. The Supervisors asked that one be prepared for their review.

Mrs. Lieberman then noted that a petition had been received from the residents of the Parkwood/Crestline development opposing the creation of a trail in their neighborhood. Mr. Baker said the Trails Committee would try to address their concerns.

The Supervisors then left for the public meeting.

At approximately 8:50 PM the Work Session was reconvened.

The Supervisors then discussed two legal matters.

At approximately 9:40 PM the Work Session was adjourned.

Phyllis C. Lieberman
Whitpain Township Manager

#8 - 2008

The regular meeting of the Whitpain Township Board of Supervisors was held on Tuesday, April 15, 2008 at the Whitpain Township Building, 960 Wentz Road, Blue Bell, PA. Supervisors Joseph J. Palmer, Brian W. Young, Anthony F. Greco, William L. McKernan, and Adam Zucker were present. Township Manager, Phyllis C. Lieberman, Township Engineer/Assistant Township Manager, Roman Pronczak, Assistant Township Solicitor, Joseph Bagley, 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.

State Representative Mike Gerber was in attendance to present the Township with a check in the amount of $13,025 to be utilized for a traffic study which will identify truck traffic problem areas within Whitpain Township.

A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to approve the minutes of the April 1, 2008 Board of Supervisors' Meeting.

A motion was made by Mr. Zucker, duly seconded by Mr. Greco, and unanimously passed to approve the March, 2008 Treasurer's Report.

A motion was made by Mr. McKernan, duly seconded by Mr. Young, and unanimously passed to solicit requests for Proposals for a Fire Service Study. Mr. McKernan stated the data from the study will be used to improve the overall fire services that are provide to the residents of Whitpain Township, as well as project what will be the long range needs in terms of equipment and facilities.

A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and unanimously passed to waiving the Zoning Hearing Board fee for Mrs. Wilma Wright, resident of 893 Crestline Drive, to request a variance for permission to have a border at her home to provide personal care.

A motion was made by Mr. Zucker, duly seconded by Mr. Greco, and unanimously passed to award the bid for the Roadway and Traffic Signal Improvement Project at the intersection of Morris Road and Penllyn Blue Bell Pike to the low bidder SJM Construction Company in the amount of $623,893.90. Mr. Palmer commented that a total of five bids were submitted, and the Township made the decision to choose the lowest bid.

A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed to authorize McMahon Associates to proceed with the construction / contract administration services associated with the Roadway and Traffic Signal Improvement Project at the intersection of Morris Road and Penllyn Blue Bell Pike, in an amount not to exceed $40,925 in accordance with their proposal dated April 9, 2008.

A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed to authorize McMahon Associates to proceed with the construction / contract administration services associated with the Roadway and Traffic Signal Improvement Project at the intersection of Morris Road and Penllyn Blue Bell Pike, in an amount not to exceed $7,000 in accordance with their proposal dated January 30, 2008.

A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed to adopt Resolution Number 852, approving the forms of the request for conversion and the notice of conversion (the "conversion document")related to the general obligation note, Series of 2002 (the "participant note") issued by the Township of Whitpain (the "participant") and repealing inconsistent resolutions.

A motion was made by Mr. Young, duly seconded by Mr. Greco, and unanimously passed to adopt Resolution Number 853, approving the forms of the request for conversion and the notice of conversion (the "conversion document") related to the general obligation note, Series B of 1999 (the "participant note") issued by the Township of Whitpain (the "participant") and repealing inconsistent resolutions.

A motion was made by Mr. McKernan, duly seconded by Mr. Young, and unanimously passed to adopt Resolution Number 854, which adopts the Montgomery County Natural Hazard Mitigation Plan.

A motion was made by Mr. Zucker, duly seconded by Mr. Greco, and unanimously passed to adopt Resolution Number 855 which authorizes the Township Manager to apply to the Department of Conservation and Natural Resources for a grant for the purpose of carrying out the Whitpain Township Trail Network Plan.

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

No. 1771-08: Application filed by Ronald B. Glazer, individually and for Wings Concerned Residents, Burton Stein, and Bradley T. Beckman, as residents of Whitpain Township appealing The Code Enforcement Officer's Preliminary Opinion for 1501 Narcissa Road, Blue Bell, Penna. dated December 28, 2007 under PA Municipalities Planning Code 53 PS 10916.2, Section 916.2 issued to Wings Field Preservation Associates, L.P. concerning a proposed demolition and replacement of two (2) existing hangars on the Wings Filed Property, 1501 Narcissa Road (subject property). The Preliminary Opinion states that: the airport is an existing non-conforming use which is legally permitted to continue on the subject property; and, that the proposed development as depicted on the Proposed Hangar Layout Plan complies with the non-conforming use provisions of the Zoning Ordinance without the need for any variances from the Whitpain Township Zoning Hearing Board. The zoning classification of the subject property is "R-5" Agricultural/Rural Residence District.

A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and unanimously passed to send the Township Solicitor to the Zoning Hearing Board meeting to support the decision of the Code Enforcement Officer.

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

NO. 1779-08: Application filed by DeKalb Pinnacle LLC, William Baldassano, Principle as owner of the property located at 1651 DeKalb Pike, Blue Bell, PA, 19422 for a variance from the terms of Article XVIII, Section 160-122 to allow any formerly allowed use (trucking company, paving contractor, construction company, concrete contractor, building contractor, and landscaping contractor - both hardscape and softscape) at the subject property. The zoning classifications of the subject property are "C-1" Commercial District and "R2" Residence District.

NO. 1780-08: Application filed by James D. & Jenny Lehman as owners of the property located at 325 Gingko Drive, Blue Bell, PA, 19422 for a variance from the terms of Article V, Section 160-17, and Article XXV, Section 160-194 to allow a 13' 6" x 14' 9" sunroom to the rear of the house reducing the minimum required rear yard from 75' to 66' at the subject property. The zoning classification of the subject property is "R1" Residence District.

NO. 1781-08: Application filed by John M. & Carmel Ciavardone as owners of the property located at 1120 Guernsey Court, Blue Bell, PA, 19422 for a variance from the terms of Article XII, Section 160-74.B.(2).(f) and Article XXV, Section 160-194, to allow a 611 sq. ft. addition to the rear of the house reducing the minimum required rear yard from 40' to 11' at the subject property. The zoning classification of the subject property is "R-7" Residence District.

NO. 1782-08: Application filed by Kathleen M. Maguire as owner of the property located at 51 Betsy Lane, Ambler, PA, 19002 for the following relief at the subject property:

1. A variance from the terms of Article VII, Section 160-31 and Article XXV, Section 160-193 to construct a 20' addition and a 14' deck within the side yard reducing the 60' minimum required aggregate side yard to 59'6" at the non-conforming subject property.

2. A variance from the terms of Article XXII, Section 160-165.A to allow a 20' addition and a 14' deck within the floodplain.

The zoning classifications of the subject property are "R-2" Residence District and "FP" Floodplain Conversation District.

NO. 1783-08: Application filed by David & Maribeth Genuardi as owners of the property located at 880 Township Line Road, Gwynedd Valley, PA, 19437 for the following relief at the subject property:

1. An appeal from the determination of the Code Enforcement Officer from the terms of Article XXV, Section 160-203.C that the applicant's development plan satisfies the green area/impervious coverage requirements or in the alternative, a variance to allow impervious coverage of 19,547.7 sq. ft. ± in lieu of 15,268.17 sq. ft.

2. A variance from the terms of Article X, Section 160-56.B.(3).(b) to allow driveways to be located in the deed restricted open space on the property and to allow the additional impervious cover resulting from driveways, patios, walkways, fountains, spas, seating areas, and similar facilities to be located in the deed restricted open space on the property to exceed 5% of the deed restricted open space.

The zoning classification of the subject property is "R5" Residence District.

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

NO. 1784-08: Application filed by Whitpain Realty Associates, LP as owners of the property located at 1510 DeKalb Pike, Blue Bell, PA, 19422 for the following relief at the subject property:

1. A variance and/or a special exception from the terms of Article XVII, Section 160-112.L and Section 160-112.Q.(1) for use as an automotive rental facility.

2. A variance from the terms of Article XXIII, Section 160-182.2.C to increase the existing free-standing ground sign from 86 sq. ft. to 140 sq. ft. and 22 ' in height.

3. A variance from the terms of Article XXIV, Section 160-183.B.(2).(o).[1] to decrease the minimum number of parking spaces from 6 spaces per 1,000 sq. ft. of total floor area to 5 spaces per 1,000 sq. ft. of total floor area.

The zoning classifications of the subject property are "R-1" Residence District and "C" Commercial District.

Mr. Robert Kerns, Esq. and Mr. Bruce Goodman were present for the applicant. A brief description of the desired relief being requested was presented. The specific issue that was still being considered was the signage at the location. Mr. Goodman explained that the proposed sign is consistent with the architecture of the shopping center, and that it will not exceed the current height or width, but will contain approximately an additional 30 sq. ft. of copy. There was some discussion regarding the design of the sign and its relation to the safety of traffic flow, as well as possible interference with sight line at the point of exit onto Route 202.

A motion was made by Mr. Young, duly seconded by Mr. Greco, and unanimously passed to remain neutral on the application.

At this time, Mr. Palmer requested additional information from Mr. Bagley and Mr. McAndrew regarding Zoning Hearing Board application #1761-07, The Gallagher Group/Muckish Mountain Management. The Board of Supervisors had originally voted in opposition of this application, but at its meeting on March 18, 2008, they had voted to withdraw their opposition provided that the applicant restrict the zoning on their property subject to certain conditions. The case was due to be heard at the April 17, 2008 Zoning Hearing Board meeting. Mr. McAndrew advised the Board that the original application has never been amended. Mr. Palmer was concerned with this being resolved prior the night of the meeting.

A motion was made by Mr. Young, duly seconded by Mr. Zucker, and unanimously passed to send the Township Solicitor to monitor the situation, and in the event that the application is not amended, the Solicitor would oppose it.

Vice Chairman Young called for any comments or questions from the Board. There were none. He then called for any old or new business from the public. Mr. Bob Whittock had some comments regarding the recent Noise Ordinance that was enacted in relation to the upcoming construction improvements that are scheduled to be done on Route 73. Mr. Pronczak responded that Route 73 is a state road, and the Township does not have control over the decision as to what time of day the construction will be done. He stated that the majority of the activity which will generate the most noise will be done during daytime hours, and the repaving will be done at night when there is the least amount of traffic congestion.

With no further business to come before the Board, Vice-Chairman Young adjourned the meeting at 8:45 p.m.

Respectfully submitted,

Anthony F. Greco,
Secretary

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