WHITEMARSH TOWNSHIP BOARD OF SUPERVISORS PUBLIC MEETING MINUTES March 13, 2014

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1 WHITEMARSH TOWNSHIP BOARD OF SUPERVISORS PUBLIC MEETING MINUTES March 13, 2014 A Regular Monthly Meeting of the Whitemarsh Township Board of Supervisors was called to order on Thursday March 13, 2014 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: The West Valley Green Road Bridge has been closed. PennDOT inspectors inspected the West Valley Green Road Bridge and ordered it closed due to concerns for the safety of users. The closure took effect immediately, and traffic will be diverted from the bridge via a signed detour. While the bridge is closed, Montgomery County and PennDOT will continue to aggressively pursue the engineering, design, and other necessary steps to reopen the bridge. The Township does not have any further information at this time. It will be posted on the Montgomery County s Roads and Bridges website. The Montgomery County 2014 schedule for Household Hazardous Waste Collection, Electronics Collection, Tires Collection and Shredding Events are now available on the Township website. Montgomery County is offering an event where residents can purchase rain barrels and compost bins. Details of this event are on the website. Saturday, March 13, 2014 is the annual St. Patrick s Day Parade in Conshohocken. The parade route on Fayette Street begins at 11th Avenue and continues down to Elm Street. Fayette Street will be closed beginning at 12:00PM. Supervisor Peduzzi announced: The William Jeanes Memorial Library will be hosting a Hollywood themed gala in honor of Nicholas and Athena Karabots. Information is available on the William Jeanes Library website. STUDENT PRESENTATION

2 Three students from Springside/Chestnut Hill Academy made a presentation to the Board of Supervisors requesting a restriction of the use of wild animals in traveling circuses in Whitemarsh Township. Several audience members spoke of their support of the restriction and the work the boys have done. PUBLIC HEARINGS APPROVAL OF MINUTES 1. February 27, 2014 On a motion by Supervisor Peduzzi, seconded by Supervisor Grossman (Vote 5-0) the Board of Supervisors approved the February 27, 2014 meeting minutes. BOARD PUBLIC DISCUSSION ITEMS 1. SLD#13-13; Ava Landholding, Inc./Tisons Homes; 805 & 807 Spring Mill Avenue; Preliminary Plan Construction of 5 attached duplexes (10 dwelling units) Mr. Guttenplan explained the Applicant proposes to develop attached duplexes at 805/807 Spring Mill Avenue (at the corner of Righter Street) in the Riverfront Development District (RDD-2). The Applicant proposes to raze a twin dwelling (one dwelling on each of the two existing lots) which is in disrepair, and a garage, and in their place, build five attached duplexes (10 dwelling units) on one, consolidated lot. In August, 2013, the Zoning Hearing Board granted the Applicant a variance from Section B.(2)(a) of the Zoning Ordinance to allow the number of units proposed. (This section requires a minimum lot area of 2,200 square feet for each attached single-family dwelling unit; the combined area of the lots at 805 and 807 Spring Mill Avenue is 14,400 square feet.) The homes would front onto Spring Mill Avenue. Each dwelling unit would have two parking spaces, one in a garage, and a second in a parking area behind the building; the parking would therefore exceed the 1.75 spaces required for each dwelling unit as required in the Riverfront Development District. In addition to the plans, several reviews of the proposal are enclosed. The Planning Commission reviewed this application and recommended plan approval and approval of the waivers requested. There was a site visit by the Traffic Safety unit of the Police Department and they indicated that sight distance will not be a problem. As a result, two additional waivers will be required; these will be included in a list of requested waivers currently being revised by the Applicant Mr. Borkowski explained the history of the project. He explained parking for the duplexes with a garage each and additional off-street parking. Chair Erlbaum asked if there are stormwater issues with the property. Mr. Borkowski explained stormwater management is a part of the plan and has been worked on with his engineer and Mr. Sullivan. He explained the exterior of the homes would be brick, in keeping with the look of other homes in the area.

3 2. Purchase of 607 Stenton Avenue and 6005 West Valley Green Road, Township Share for the FEMA Hazard Mitigation Grant Program Mr. Mellor explained Whitemarsh Township was awarded a FEMA/PEMA Hazard Mitigation Grant for the acquisition of two (2) flood-prone properties: 607 Stenton Ave and 6005 West Valley Green Road. The State and Federal Emergency Management Agencies have approved acquisition of both properties and are providing funding for 97% of all costs associated with acquisition, demolition and restoration to preserve the two properties as open space. The Township will also be providing a match of 3% of total costs associated with the acquisition, demolition and restoration of the two properties, which will be paid from the Township Open Space Fund (Act 153). Chair Erlbaum thanked staff for their work on acquiring the funding. CONSIDER ACTION ITEMS Ordinances 1. Ordinance Amendment, Reserved Handicap Parking E. Elm Street Mr. Mellor explained the police department received a request from the resident for a dedicated handicap parking space on Elm Street. He stated the Traffic Safety Unit of the Police Department evaluated the request and recommend the reserved parking space. Supervisor Peduzzi asked how a reserved handicap parking space, which is no longer needed, is returned to a regular parking spot. Mr. Mellor explained the original ordinance is repealed. Supervisor Totten asked what would happen if a different vehicle with handicapped placard parked in the spot. Mr. Mellor explained the spot is registered to the individual s placard number. Supervisors adopted Ordinance #938 amending the Whitemarsh Township Code Chapter 111, Vehicles and Traffic by providing the appropriate reserved parking in the vicinity of East Elm Street. 2. Ordinance Amendment FEMA Hazard Mitigation Grant Program, Purchase of Real Property; 607 Stenton Avenue and 6005 West Valley Green Road Mr. Mellor explained anytime the township is purchasing real property it must be done by an ordinance. Stanley Casacio (Creek Lane) asked about the on-going maintenance of the property. Mr. Mellor explained it is the responsibility of the township. Supervisors adopted Ordinance #939 authorizing the purchase of real property within the

4 Township related to 607 Stenton Avenue and 6005 West Valley Green Road in accordance with the FEMA Hazard Mitigation Grant Program. Resolutions 1. SLD #11-13; AIM Academy/1200 River Road (River Park II); Preliminary Plan, Construct a New 16,325 square foot Gymnasium and Additional Parking Chair Erlbaum recused herself from the discussion and vote. Mr. Guttenplan explained the resolution for SLD #11-13 Aim Academy is for conditional preliminary land development approval. This is a proposal for a new gymnasium building and 45 SEPTA parking spaces at the AIM Academy at 1200 River Road (River Park II), which was presented for discussion at your last meeting. The draft resolution includes the waiver requests presented by the applicant. Half of the waiver requests are the result of proposed SEPTA spaces. The Planning Commission discussed the plan and waivers and recommended approval. The Shade Tree Commission recommended approval of the revised landscape plan. Supervisor Hart thanked AIM Academy and their representatives for being a true partner with Whitemarsh Township and its residents. On a motion by Supervisor Hart, second by Supervisor Peduzzi (Vote 4-0, Chair Erlbaum recused), the Board of Supervisors adopted Resolution # granting conditional Preliminary Plan approval for SLD #11-13; AIM Academy, 1200 River Road (River Park II) for the construction of a new gymnasium and additional parking. Motions 1. Certificate of Appropriateness, Jehovah s Witnesses/ 4050 Butler Pike Kingdom Hall Mr. Guttenplan explained the Certificate of Appropriateness is for the new Kingdom Hall for Jehovah's Witnesses. HARB has recommended approval. The Jehovah's Witnesses has worked cooperatively with HARB from early on in their design process. On a motion by Supervisor Peduzzi, second by Supervisor Grossman (Vote 5-0), the Board of Supervisors the Certificate of Appropriateness to permit the construction of a new Kingdom Hall for Jehovah s Witnesses, 4050 Butler Pike. 2. Public Fire Hydrant Request, Whitefield Drive Homeowners Association Mr. Mellor explained the Township received a request from the Whitefield Drive Homeowners Association with respect to their fire hydrant. They have asked the Township to assume the payment responsibility from Aqua and bill the residents in accordance with our fire hydrant fee

5 schedule. Although Whitefield Drive is a private development in 2010, the Township took ownership of the public street. This did not include any other infrastructure including sanitary sewer system, storm water management system. The fire hydrant and street lights were not accepted for dedication and are still owned by Aqua and PECO respectively, not the Township. Currently, the fire hydrant is the responsibility of the individual homeowners and they pay the water bill directly to Aqua. If it was public utility the property owners would be subject to the Township's fire hydrant charge which is $0.14 per lineal feet of frontage. Based on calculations the total charges for 2014 for the five properties listed is $ The annual rental charged by Aqua for a public hydrant is $ and since this hydrant only includes five properties it would be more than the fee collected. However, on an annual basis, we collect approximately $94,000 in hydrant rentals from all property owners, while we pay Aqua $85,000 a year for rentals of all public hydrants. Supervisors authorized the fire hydrant located on Whitefield Drive be public and therefore the Whitefield Homeowners Association property owners comply with the Township s Fire Hydrant Fee Schedule following the transfer from Aqua to the Whitemarsh Township. 3. Purchase of 607 Stenton Avenue and 6005 West Valley Green Road, Township Share for the FEMA Hazard Mitigation Grant Program Supervisors authorized the acquisition of the two real estate properties located at 607 Stenton Ave and 6005 W. Valley Green Road and use Act 153 funds towards the 3% match requirement of the State and Federal funding agencies. 4. Amended Lease Agreement, Santander Bank; 618 Germantown Pike Mr. Mellor explained the Township entered into an amended lease agreement in 2009 with the former Sovereign Bank for utilization of the space next to the Township Building. The terms of the agreement state that the bank can take two additional five year renewal extensions. They are required to notify the Township a year before the February 28, 2015 termination date of the original term of the agreement if they wish to pursue these renewal options. We received notification from Santander Bank that they would like to renew the lease but based on a request to lessen the opt-out years of the extension. The Township agreed to allow one five year extension followed by two 2 1/2 year extensions. They would have the ability within the terms of the lease agreement to opt out after any of the terms expire provided they notify the Township one year in advance of the termination date. Santander Bank agreed to the terms and provided the attached contract to be signed by the Township. The first extension will run until February 28, The annual rent calculation does not change. We currently receive $75,000 per year in rent. That will be recalculated in the first extension and increased based on the CPI change from 2010 to 2015.

6 On a motion by Supervisor Peduzzi, second by Supervisor Grossman (Vote 5-0), the Board of Supervisors approved the amended lease agreement with Santander Bank to continue as a tenant of the property located at 618 Germantown Pike until February 28, Advertisement for Ordinance Amendment, Dumpster and Portable Storage Unit Regulations Mr. Mellor explained staff has been working on a new ordinance to address the issues with dumpsters and portable storage units, also known as PODs. There have been several recent complaints pertaining to the length of time these units are located on a property as well as them being placed in the right-of-way. He explained the key components of the ordinance. Such as: permitting, duration, location, number and size. He said the ordinance also requires the units be maintained while located at a property and any damage caused by the units will have to be restored. When the ordinance is considered for adoption the Township will also be amending the fee resolution to include new permit fees. Supervisor Hart asked what the fees would be. Mr. Mellor explained they would be similar to current right of way fees. Supervisor Peduzzi asked what would happen if a resident did not get a permit. Mr. Mellor explained there are fines and penalties as part of the ordinance. Chair Erlbaum questions the number of allowed dumpsters or storage units during work being done at home. Supervisor Totten asked for a clarification of allowable location. Supervisor Hart questioned backyard placement and how close to a property line would the dumpster be allowed. Stanley Casacio (Creek Lane) asked the Township to notify the dumpster companies as well as residents about the ordinance. On a motion by Supervisor Peduzzi, second by Supervisor Grossman (Vote 5-0), the Board of Supervisors TABLED the advertisement of the Dumpster and Portable Storage Unit Ordinance Amendment. PUBLIC COMMENT PERIOD Stanley Casacio (Creek Lane) spoke about the Valley Green Road bridge closure and the economic impact on area businesses. Mr. Mellor explained what the township has been told about the bridge status by Montgomery County. Mr. Casacio asked to be notified when the township gets further information. Dennis Dougherty (6005 West Valley Green Road) thanked the Supervisors and Township Staff for pursuing the PEMA/FEMA buyout for his family. BOARD MEMBER COMMENTS

7 ANNOUNCE EXECUTIVE SESSION Chair Erlbaum announced the Board of Supervisors held an Executive Session before the public meeting where the Board discussed litigation and personnel. ADJOURNMENT On a Motion by Supervisor Grossman, seconded by Supervisor Peduzzi, the meeting was adjourned at 7:55PM. Respectfully submitted, Richard L. Mellor, Jr. Township Manager