WHITEMARSH TOWNSHIP BOARD OF SUPERVISORS PUBLIC MEETING MINUTES May 22, 2014

Transcription

1 WHITEMARSH TOWNSHIP BOARD OF SUPERVISORS PUBLIC MEETING MINUTES A Regular Monthly Meeting of the Whitemarsh Township Board of Supervisors was called to order on Thursday at 7:00PM in the Whitemarsh Township Building, 616 Germantown Pike Lafayette Hill, Pennsylvania. Supervisors Present: Sara J. Erlbaum, Chair; Amy Grossman, Vice-Chair; Robert R. Hart; Cathy Peduzzi; and James A. Totten Also present: Richard L. Mellor, Jr., Township Manager; Sean P. Kilkenny, Esquire, Township Solicitor; Charles L. Guttenplan, AICP and James C. Sullivan, P.E., Township Engineer. PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE IN HONOR OF ARMED FORCES SERVING HERE AND ABROAD ANNOUNCEMENTS Supervisor Grossman announced: There have been notices issued for customers of American Water related to water treatment issues. Please note that the majority of Whitemarsh Township is serviced by Aqua PA and Ambler Water, both of which are NOT affected by the water restrictions placed only for American Water customers. The Township has identified 4 residential properties that are serviced by American water and have followed up with them. Residents who are still not certain who their water provider is and want clarification can contact American Water at to verify. The VFW 1074 Memorial Day Service schedule is available on the VFW 1074 s Facebook Page. The Members of the VFW1074 will proceed through various cemeteries in Whitemarsh and Conshohocken to pay their respects and hold memorial services for all the Veterans of Foreign Wars. The Monday, June 9 th Zoning Hearing Board hearings will be held at the William Jeanes Memorial Library and not at the Township Building. All other scheduled Zoning Hearing Board hearings are at the Township Building. PUBLIC HEARINGS None APPROVAL OF MINUTES 1. April 24, 2014 On a motion by Supervisor Peduzzi, seconded by Supervisor Grossman (Vote 5-0) the Board of Supervisors approved the April 24, 2014 meeting minutes.

2 2 BOARD PUBLIC DISCUSSION ITEMS 1. ZHB # ; Kahn/901 Washington Partners, LP; 901 Washington Street - Redevelop Finneran and Haley Paint Company site with 82,000 sq. ft. 2-story office building over parking Mr. Guttenplan explained ZHB # , application of 901 Washington Partners, LP c/o Eli Kahn, 901 Washington Street, Conshohocken, is going to the Zoning Hearing Board on June 9. He explained this is the old Finneran and Haley Paint Company property, which is sandwiched between the Whitemarsh Boat Club and D abridal. vthe applicant i d is proposing s to redevelop the property with a 2-story office building (total of 82,000 sq. ft.) over parking as well as additional surface parking and associated improvements. A number of variances are required largely resulting from the existing conditions of the property and the existence of the Schuylkill River floodplain. Eli Kahn, the president of Econ Development Corp. gave a history of the property. He explained the concept of the development and that the proposed development falls under the Riverfront District, RDD-1 zoning requirements. He pointed out that this is a brownfield redevelopment site and said they are in the final stages of getting an Act 2 DEP clearance. He explained they would be demolishing the 100,000 square foot facility and replaces it with a 41,000 square foot footprint. He stated the building would be elevated. He said one of the key components of this plan being proposed is to extend Washington Street up to the D Bridal property. Mr. Kahn said there are some variances being requested from certain requirements of the RDD District including a request to reduce the required width of the riverfront open space. a Chair Erlbaum asked Mr. Sullivan for his comments on the plan. Mr. Sullivan stated his concern when reviewing the plan is that one of the variances being requested is to allow the building in the floodway. He said he thinks the developer is doing an analysis to be approved by FEMA that would show the building is not actually in the floodway. Mr. Kahn agreed that they were doing an analysis. Supervisor Peduzzi stated she was concerned about road access from Washington Street for the employees working at the building. She asked about traffic studies that have been done. Mr. Kahn stated an updated traffic study would be completed. Chair Erlbaum asked Mr. Guttenplan for a verification of where the application stands. Mr. Guttenplan explained they have now filed a Zoning Hearing Board application. The Zoning Hearing Board plan was modified from the sketch plan according to Planning Commissions comments, including additional green space along the river. Supervisor Hart commented on the additional traffic that would be produced by the project. John Di Pietro, representing property owners adjacent the project stated they are not opposed to the development of the property, however there are concerns including traffic flow, congestion in the area and additional environmental concerns. Tim Ferris (Summit Avenue) stated he is concerned about the number of requested variances and the ability to access the river. Mr. Guttenplan explained in the RDD district access to the river thru a property is required. There was a discussion regarding the access on the property.

3 3 Supervisor Hart asked for clarification regarding the proposed easement for access to the river specifically, he asked if the township will need to maintain the access if it is an easement. Mr. Kilkenny stated that would be worked out with the developer and Mr. Guttenplan stated they would be required to maintain it. Terry Ferris (Summit Avenue) questioned how the developer know he can lease all the offices proposed, when there is a lot of empty office space in that area and in Conshohocken. Mr. Kahn said the Conshohocken area is the tightest suburban office market in suburban Philadelphia. Mr. Guttenplan stated one of the variances the applicant requests is to be relieved from the requirement to provide additional public amenities in addition to public trail access. Mr. Kahn explained the reason they are requesting the variance. On a motion by Supervisor Hart, second by Supervisor Grossman (Vote 5-0), the Board of Supervisors instructed the solicitor s office to monitor the application and directed the solicitor to report to the Zoning Hearing Board how the discussion went at this Board of Supervisors meeting. 2. New Sign Request - 7 th Heaven; 1032 E. Hector Street Mr. Guttenplan explained the '7'h Heaven Gentleman's Club' has submitted permit applications for three new wall signs. In accordance with the provisions of the Riverfront Development Overlay District, the Board must approve all signs in the District; the Club is in sub-district 2, RDD-2. Mr. Guttenplan explained the requirements of design, size and location of signage in the Riverfront Development District and the proposed signs. Mr. Kilkenny stated after review his office has determined that the two portions of the proposed signs do not present a unified appearance, which is a requirement of RDD-2. He continued to state that the illuminated portion of the sign may be considered a box sign and is therefore prohibited under RDD-2. Supervisor Peduzzi asked for clarification if the application is denied. Mr. Kilkenny stated the applicant could resubmit the application or appeal it to the Court of Common Pleas. Supervisors denied the application for the reasons stated. CONSIDER ACTION ITEMS Ordinances Resolutions 1. Re-approval SLD #02-11 Home Properties/Courts at Spring Mill Station - Approval of Public Gathering Space Plan; 1101 Hector Street Mr. Guttenplan stated the water tower at the corner of E. Hector Street and Station Avenue is going to be removed, that corner is being modified and a new public gathering space has been designed, with a significant sculpture as its centerpiece. The previously recorded plans have therefore been revised to show the modified design of this area; as a result of the re-design, there are slightly revised coverage

4 4 calculations which are incorporated on these revised plans. The plans must be recorded within 90 days of final plan approval; the Board must approve the revised plans in order for them to be recorded. Supervisors adopted Resolution # granting re-approval for SLD #02-11 Home Properties/Courts at Spring Mill Station for the approval of the public gathering space plan located at the corner of Hector Street and Station Avenue. 2. PENNDOT Traffic Signal Approval - TD Bank/Upper Dublin Township; Bethlehem Pike and Pennsylvania Avenue Mr. Mellor explained this is an application on behalf of McMahon Associates, Inc. for the TD Bank development located at the corner of Pennsylvania Avenue and Bethlehem Pike which is the current Toner's Beef and Ale. The development is in Upper Dublin Township but Whitemarsh Township is responsible for the maintenance of the traffic light at Pennsylvania Avenue and Bethlehem Pike. This permit is required as part of TD Bank's approved plan which will allow the timing to coordinate with the other lights on Pennsylvania Avenue corridor. The PENNDOT permit is in the Township's name and requires a resolution which is also attached. On a motion by Supervisor Hart, second by Supervisor Grossman (Vote 5-0), the Board of Supervisors adopted Resolution # granting approval of the traffic signal timing coordination for the signal located at Bethlehem Pike and Pennsylvania Avenue as part of the TD Bank subdivision and land development in Upper Dublin Township. Motions 1. Waiver of Damage Rights - Scoogi s Italian Restaurant, 738 Bethlehem Pike; Addition in the Right-of-Way Mr. Guttenplan explained Scoogi s Italian Restaurant at 738 Bethlehem Pike, Flourtown (corner of Arlingham Road), is proposing a renovation to the existing restaurant to improve its functionality. Two small building additions, a patio, and covered porch for outdoor dining, are being proposed. The existing restaurant building is already very close to Bethlehem Pike and to Arlingham Road. As a result, some of the proposed improvements would encroach into the ultimate right-of-way. These include a portion of the patio wall and planter wall around the new patio at the corner of Bethlehem Pike and Arlingham Road, and a corner of the rear building addition further down Arlingham Road. These are the subject of the proposed Waiver of Damage Right. He stated the only issue has been sight distance at the corner of Arlingham and Bethlehem Pike. The Traffic Safety Unit of the Police Department did a survey and recommended that the walls around the patio and all proposed plantings around it and along Bethlehem Pike, be limited to a height no higher than two feet. The applicant is agreeable to that. Should the Waiver be approved, the Board may wish to include that condition in the motion for approval. Supervisor Peduzzi asked if customers would be standing on the patio, and if so, they would be higher than the restriction. The applicant stated the area was designed to permit smoking and it is not a seating area, the outdoor seating area is in the back.

5 5 Supervisors approved a waiver of damage rights for a building addition at 738 Bethlehem Pike, Scoogi s Italian Restaurant, with the condition the patio wall be no higher than 2 feet. 2. Engagement of Proposal - Township Bond Council Mr. Mellor explained the township has been investigating the potential for capital borrowing for various capital projects. The township must retain the services of Bond Council in order to guide the Board in the financing options. He stated two proposals were solicited from two law firms. Chair Erlbaum stated she was looking forward to the township moving forward with capital project. Supervisor Hart spoke of the experience the law firm of Obermayer Rebmann Maxwell & Hippel, LLP have. Supervisor Totten asked why the choice for Council was the more expensive of the two proposals. There was a discussion among the Board, stating the proposal from Obermayer was more inclusive. Mr. Mellor stated for proposals there is no requirement to the low proposal. qualifications and familiarity with the township. It is based on On a motion by Supervisor Grossman, second by Supervisor Peduzzi (Vote 4-1, Supervisor Totten voting No), the Board of Supervisors appointed David A. Nasatir, Esquire with the law firm Obermayer Rebmann Maxwell & Hippel LLP as Township Bond Council. 3. Police Pension Plan Agreement - New Management Plan Structure Created by PFM Asset Management, LLC Mr. Mellor explained this is a name change for PFM. There is a merger of different entities in PFM Asset Management. It was recommended that the agreement be amended to reflect the change. On a motion by Supervisor Grossman, second by Supervisor Hart (Vote 5-0), the Board of Supervisors approved the new management structure created by PFM Asset Management, LLC for the police pension plan. 4. Bid Notice of Intent Road Paving Mr. Sullivan stated he has reviewed the bids submitted to the Township and publicly opened on May 15, 2014 for the 2014 Road Paving Program. He stated Kehoe Construction, Inc. is the lowest responsive bidder for this project. He recommended that the Board of Supervisors authorize his office to issue a Notice of Intent to Award to Kehoe Construction, Inc. He stated the final awarding of the contract is contingent upon a successful outcome to the required Responsible Contractor Determination that will be performed by his office. The following roadways have been scheduled for resurfacing: Wells Street, Hallowell Street, Hillcrest Avenue, Durant Street, Cold Point Hill Road, Dana Lane, Edmonds Road, and Rebel Road.

6 6 On a motion by Supervisor Grossman, second by Supervisor Hart (Vote 5-0), the Board of Supervisors issued a Notice of Intent to Award for the 2014 Road Paving to Kehoe Construction, Inc. for $376, Natural Lands Trust Service Agreement - Proposal to Provide Stewardship Assessment of the Gambone Tract Mr. Mellor explained with the recently adopted legislation amending Act 153, staff has been discussing ways to incorporate the planning and maintenance provisions within our open space properties. He said Staff recently had a meeting with representatives of the Natural Lands Trust to gain their perspective and guidance on the type of planning and projects for Act 153 purchased parcels. Staff decided to start with the Gambone Tract located off Wells Street and Cedar Grove Road. As a result of the meeting an assessment of the parcel needed to be performed so the maintenance efforts were focused on the needs to best preserve the open space tract. Mr. Mellor said The Natural Lands Trust has provided a proposal in the amount not to exceed $5,400 to perform a stewardship assessment of the property. The report will provide a description of plant communities, animals observed, soils, geology, topography and hydrology. It will also provide a list of recommendations for stewardship and preservation of the property. This report will provide a blueprint for the Township to implement best management practices to maintain the open space at the Gambone Tract. Supervisors approved the service agreement in the amount of $5,400 to the Natural Land s Trust to provide a stewardship assessment of the Gambone Open Space Tract located at Cedar Grove Road and Wells Street. 6. Re-dating Approval for SLD # Jehovah s Witnesses, 5130 Butler Pike; Resolution #14-04 Mr. Mellor explained staff, in coordination with the Solicitor's office, has been working with the applicant of Jehovah's Witnesses in order for them to satisfy all the conditions of their final plan approval. The date of the approved resolution was January 9, 2014 which occurred over 90 days ago. The Board will need to re-approve the plan in order for the plan to be recorded by the County. Supervisors re-dated the approval of SLD #02-12, Jehovah s Witnesses/5130 Butler Pike. 7. Re-dating Approval for SLD # Ratosky & Trainer, 252 Hillcrest Avenue; Resolution #14-06 Mr. Mellor explained staff, in coordination with the Solicitor's office, has been working with the applicant of Ratosky & Trainer in order for them to satisfy all the conditions of their final plan approval. The date of the approved resolution was January 23, 2014 which occurred over 90 days ago. The Board will need to re-approve the plan in order for the plan to be recorded by the County. Supervisors re-dated the approval of SLD #10-13, Ratosky & Trainer/252 Hillcrest Avenue.

7 7 8. April 2014 Expenditures and Payroll and Pension Plan Paid Costs On a motion by Supervisor Grossman, second by Supervisor Peduzzi (Vote 5-0), the Board of Supervisors approved expenditures totaling $847,620.31; payroll totaling $626, and pension paid costs totaling $7, for April AMEND AGENDA On a motion by Supervisor Grossman, second by Supervisor Peduzzi (Vote 5-0), the Board of Supervisors amended the agenda to add an action item. 9. Appointment to Media Communications Advisory Board Supervisors appointed Emily Arntzen to the Media Communications Advisory Board for a term ending December 31, PUBLIC COMMENT PERIOD Jim Longon (Flourtown, PA) asked for an update on the Valley Green Road Bridge closure. Mr. Mellor stated he had spoken recently with Montgomery County and it appears County Roads and Bridges are working in a direction to repair the bridge until the permanent replacement is constructed years from now. He stated materials for the repair have been ordered, not delivered and the County is not advertising when the repairs will be complete. BOARD MEMBER COMMENTS Chair Erlbaum stated she was happy to see the Boy Scout s in attendance at the meeting. She asked for them to come forward to speak. Drew McMenamin, Senior Patrol Leader, stated the Scout s were in attendance because they are working on their Citizens in Community Merit Badge, one of the Eagle Scout Requirement Merit Badges. Chair Erlbaum told the Scout s if they have any questions in the future, to please the Board members, they will be happy to answer. She wished them luck in the future. Supervisor Totten thanked Corinne from the Whitemarsh Art Center. He stated they were very cordial in their hospitality. Chair Erlbaum congratulated the Art Center on their 50 th Anniversary. Supervisor Totten asked about the procedure for emergency vehicles responding to the area where the bridge is out and road closures. Mr. Mellor stated there is an entire procedure the Emergency Management Department has set up where they can notify residents affected by the road closures. He stated emergency vehicles can get in to the areas. Supervisor Hart explained even when the bridge is open most of the township emergency vehicles cannot use the bridge, due to weight.

8 8 ANNOUNCE EXECUTIVE SESSION Chair Erlbaum announced the Board of Supervisors held an Executive Session before the public meeting where the Board discussed real estate, litigation and personnel. ADJOURNMENT On a Motion by Supervisor Grossman, seconded by Supervisor Peduzzi, the meeting was adjourned at 8:45 PM. Respectfully submitted, Richard L. Mellor, Jr. Township Manager