WHITEMARSH TOWNSHIP BOARD OF SUPERVISORS PUBLIC MEETING MINUTES September 14, 2017

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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: Amy Grossman, Chair; Missy Sterling, Vice Chair; Michael Drossner; Laura Boyle Nester and James A. Totten Also present: Richard L. Mellor, Jr., Township Manager Richard L. Mellor, Jr., Township Manager; Sean Kilkenny, Township Solicitor; and James C. Sullivan, Township Engineer PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Supervisor Grossman announced: Commendation for Denny Metz Denny Metz, a life-long member of the Whitemarsh Community, has given countless hours of service and expertise towards the preservation of trees in Whitemarsh Township. Denny began his service to the Township in 1997 when he was appointed to the Shade Tree Commission as a volunteer member. As a member of the Shade Tree Commission, Denny helped review land development and earth disturbance plans to make sure developers and applicants replant the trees that they propose to remove as part of the developments proposed throughout the Township. After serving on the Shade Tree Commission for eight (8) years, in 2005, Denny began serving the Township as a professional consulting arborist, to use his professional background as an arborist, to advise the members of the Shade Tree Commission and the Township staff on tree maintenance and tree preservation. Through the 20 years of serving on the Township Shade Tree Commission in different capacities, Denny Metz was involved in the Shade Tree Commission s implementation of the heritage tree program, updates to the Township ordinance to enforce the tree replacement program, and public outreach and education in tree management. With the Shade Tree Commission s active tree replacement program, Denny Metz has played a vital role in the Township s green space preservation for all residents today and the future to enjoy and appreciate. We thank Denny in sharing his knowledge and expertise to ensure that Whitemarsh Township recognizes the importance of preservation of one of its most important natural resources: trees. Mr. Metz spoke of his history and his memories of the area. He thanked the Board of Supervisors for allowing him to share his passion for keeping Whitemarsh as green as possible.

2 2 Supervisor Sterling announced: Touch a Truck is this Saturday, Sept. 16 from 1 pm to 3 pm at Miles Park. Participants and see, sit, and touch real working construction trucks, emergency services vehicles, and more. This is a free event for all residents to attend. The History Tour is Sunday, Sept. 24 from 8:30 am to 3:30 pm. Due to limited space, this event requires registration through the Parks & Recreation Department. A Community Yard Sale is scheduled for Saturday, October 7 from 8 am to noon at St. Thomas Church (at Camp Hill Road and Bethlehem Pike). Those interested in space to sell items must register with the Township Parks & Recreation Department. The cost of a 10x10 space is $15 for residents and $25 for non-residents. The Fall Shredding Day is scheduled for Saturday, October 14 from 8 am to Noon at the Miles Park lower parking lot. This is a free event thanks to the sponsorship of Horizon Waste Services, but donations are appreciated to benefit the Barren Hill Fire Company and the Township Parks & Recreation Department. Township Comprehensive Plan The Township is asking residents to join Township staff and consultants from Bergman Associates to discuss and share your ideas and visions about future development and open space in Whitemarsh Township. The Comprehensive Plan is a policy guide for future development for the Township. It is a crucial document to guide recommendations and decisions of the Planning Commission and Board of Supervisors, as well as for decisions made by private developers, Township businesses and residents. So please join us to share your ideas and concerns. PUBLIC HEARINGS None APPROVAL OF MINUTES 1. August 17, 2017 Ed Flocco, Woodruff Road asked whatever happened to the ECRI escrow money, which was mentioned at the last meeting. Mr. Mellor stated it has been found and the Township has it. On a motion by Supervisor Drossner, seconded by Supervisor Sterling (Vote 5-0) the Board of Supervisors approved the August 17, 2017 meeting minutes. BOARD PUBLIC DISCUSSION ITEMS 1. SLD #03-17 Argos Associates/6120 and 6122 Butler Pike Land Development Waiver Mr. Guttenplan explained SLD#03-17, is a Land Development Waiver Request by Argos Associates, for property at Butler Pike. This is a proposal by the owner of Karamoor Farm for a barn

3 3 addition/renovation. This property was recently purchased as part of the Farm and is proposed to be used as a store to sell the wine that is produced on the property from the grapes grown there. As such, it is an accessory use to the agricultural use on this property, similar to the wine processing facility that was approved a few years ago. The proposal involves an addition to the rear of the barn and the addition of a parking lot. The Township Engineer recommends granting a land development waiver, contingent upon the applicant obtaining an Earth Disturbance (Grading) Permit. The Planning Commission reviewed this application and passed a motion recommending approval of the Land Development Waiver Request, conditioned upon the applicant obtaining the Earth Disturbance Permit. Bob Downs, representing the applicant, he stated Dave Cavanaugh of Land Concepts was also in attendance. Mr. Downs explained the request for the Waiver of Land Development. Mr. Cavanaugh explained the renovations and the project. Mr. Guttenplan stated the facility would only be able to sell wine that is produced on the property. Resolutions 1. SLD #03-17 Argos Associates/6120 and 6122 Butler Pike Land Development Waiver On a motion by Supervisor Totten, second by Supervisor Sterling (Vote 5-0) the Board of Supervisors adopted Resolution # granting a land development waiver for SLD#03-17; Argos Associates/6120 and 6122 Butler Pike for converting and expanding an existing barn to a wine store. Amend Agenda AMEND AGENDA On a motion by Supervisor Drossner, second by Supervisor Sterling (Vote 5-0) the Board of Supervisors amended the agenda for additional public discussion item. 2. Solicitor Report on 650 Church Road, Flourtown Mr. Kilkenny explained there is a matter of public interest that has come to the Township administration s attention regarding 650 Church Road. He stated the large residence at 650 Church Road is currently owned by Liberation House, LLC. Mr. Kilkenny explained the Zoning definition of a group home and stated the use of 650 Church Road fits within the definition of "Group Home", and thus would require a special exception in order to operate legally. The Zoning Officer has issued a zoning enforcement notice to Liberation House, advising it that a special exception is required for the use to continue. He explained the process for appealing the decision to the Whitemarsh Township Zoning Hearing Board. He what the Zoning Hearing Board is and how they are a separate and independent of the Board of Supervisors. He further explained they are set up to make evaluations of whether applicants comply with Zoning Ordinances. Instead of going through the appeal process Liberation House, Liberation House s local counsel, Fred Wentz, Esq., contacted the Township and Mr. Kilkenny s office and stated under Federal Fair Housing Law the Zoning Officer should say that the home is a permitted use and they shouldn t be required to go to the Zoning Hearing Board, because they are asking for a "reasonable accommodation". The reason given for the reasonable accommodation is the residents ae considered "handicapped" under the Fair Housing

4 4 Amendments Act of 1988, and cannot be discriminated against in terms of housing. He stated it is his recommendation that this matter be sent to the Zoning Hearing Board for the following reasons which have created the Township Administrative Burdens: The Township has received complaints from neighbors who have hired counsel and have expressed a desire for public input; The Zoning Hearing Board is better suited to take testimony and hear evidence related to the operation of Liberation House and ascertain if the public health, welfare, and safety are being negatively affected; Liberation House may ask for the reasonable accommodation at the Zoning Hearing Board; and while, Liberation House's counsel has threatened litigation over the matter, the Board of Supervisors would better protect the public interest by requiring a hearing before the Zoning Hearing Board, rather than administratively granting Liberation House's request. Mr. Kilkenny some neighborhood residents have observed some activity at the house and The Township Manager pulled police reports. He stated there have been 11 complaints related to the property. He further stated all of the complaints are minor in nature. The complaints were concerning smoking, and noise, nothing that had any merit to give the Township the ability to file additional complaints. Additionally they have not applied for a rental license. Eli Gold, attorney representing certain residents of Redcoat Drive which is immediately behind 650 Church Road. He stated he has shared an analysis with the solicitor and agrees with the legal assessment. He further stated Liberation House has not followed procedure in establishing the home and there are consequences for not following that procedure. ACTION ITEMS Ordinances 1. Ordinance Amendment - No Parking Germantown Pike between Colony Lane and Aldan Lane Mr. Mellor explained the Traffic Safety Unit received a written request from the residents of 102 and 104 Germantown Pike to evaluate the location for safety issues while exiting their private driveway. He said the residents are requesting amending the current ordinance from "No Parking 7am to 6pm, except Saturday and Sunday" to "No Parking Anytime". They cite the reason for their concerns is they do not have proper sight distance looking left out of their driveway due to declining pitch of the roadway for eastbound traffic approaching their driveway. The issue becomes increasingly worse when vehicles park on the shoulder in front of their residence. In response to the complaint the Traffic Safety Unit did survey the location to determine if there were any safety issues. The Traffic Safety Unit does agree that due to the topography of the roadway and vehicles parking on the shoulder this does create sight issue for vehicles exiting the driveway of 102/104 Germantown Pike. Therefore the Traffic Safety Unit is recommending changing the current ordinance of "No Parking 7am to 6pm, except Saturday and Sunday" to "No Parking Anytime" from the property line of 104/106 Germantown Pike west to Aldan Lane. This will improve sight distance for vehicles exiting the driveway of 102/104 Germantown Pike. Supervisor Totten stated it should be Alden Road and Mayflower Road. There was a discussion about whether it is Colony Lane or Mayflower Road. Mr. Kilkenny stated the ordinance needs to be corrected and the Township will need to re-advertise the ordinance.

5 5 Pike. Supervisor Totten also asked that the Police enforce the No Riding on Shoulder on Germantown On a motion by Supervisor Drossner, second by Supervisor Sterling (Vote 5-0) the Board of Supervisors TABLED Ordinance #978 amending the Whitemarsh Township Code Chapter 111, Vehicles and Traffic, Article III, Parking Regulations to install No Parking sign on Germantown Pike between Colony Lane and Aldan Lane. Resolutions (continued) Minimum Municipal Obligation (MMO) Mr. Mellor explained Act 205 requires the Township to submit a 2018 budget for the Police and Non-Uniformed Employee pension plans by September 30, The required contribution amount is known as the Minimum Municipal Contribution (MMO) as determined by the Plan Actuary based in part on the Act 205 Actuarial Valuation Report dated January 1, The Police Pension Plan is a Defined Benefit Plan subject to the provisions of Act 600. The current Police labor contract requires a 5% officer contribution on applicable employee compensation. The Officer contributions projected at $199,426 are applied to the Total Police Pension Plan Financial Requirement $1,067,311 to arrive at the Township MMO of $868,885. The Non- Uniform Employee Plan is a Defined Contribution Plan where the Township matches employee contributions up to 6% of compensation. The Total Financial Requirement for the Employee Pension Plan of $285,534 includes Normal Costs of $210,534 based on 6% of compensation plus a $70,000 provision for administrative expenses. The combined MMO for both Plans totals $1,149,419 comprised of $868,885 for the Police Plan and $280,534 for the Non-Uniformed Employee Plan. The combined MMO calculated for 2017 was $1,144,834. On a motion by Supervisor Sterling, second by Supervisor Nester (Vote 5-0) the Board of Supervisors adopted Resolution # approved the 2018 Minimum Municipal Obligation for the Police and non-uniformed pension plans in the combined amount of $1,149, Fee Change Resolution - New Arborist Rate Mr. Mellor explained the Board of Supervisors, at their last meeting, appointed the new Arborist and the new fee will be $95.00/hour. It requires a change to the Fee Schedule, which is changed by resolution. On a motion by Supervisor Nester, second by Supervisor Drossner (Vote 5-0) the Board of Supervisors adopted Resolution # approved the new Township Consulting Arborist rate for the 2017 fee schedule. Motions 1. Landscape Agreement and Escrow - Sparango/Henry Lane Mr. Guttenplan explained the Landscape Escrow Agreement for Pat Sparango, Inc. is for the parcel at Bethlehem Pike and Henry Lane. He stated the Board approved a 3-lot subdivision for this approximate 1.4-acre parcel. One of the conditions of the approval was for the applicant to submit a tree survey plan

6 6 and replace any dead or declining trees that had been planted under its Agreement with the Township. The applicant has requested that the Township enter into an escrow agreement for these replacements so that they can be made once the construction of the homes on the three lots in the approved subdivision, is completed; the reason is that the construction could have an adverse impact on any of the trees and it would be more prudent to replace them after construction is over. The escrow agreement guarantees the replacements and requires them to be made before any Use and Occupancy Permits can be issued for the three new homes. The escrow agreement includes the cost of the landscape material and inspection and legal fees associated with the installation. On a motion by Supervisor Nester, second by Supervisor Drossner (Vote 5-0) the Board of Supervisors approved the landscape agreement and escrow for Sparango parcel on Henry Lane and Bethlehem Pike. 2. Ordinance Advertisement - Media Communication Advisory Board Amendment Mr. Mellor explained the current members of the Media Communication Advisory Board Amendment (MCAB) voiced concerns over the number of vacancies on the MCAB. The group asked whether MCAB even needed 7 members to function and discussed that with the small group, they seemed to be functioning well and efficient. They then made a motion to recommend reducing the MCAB members from 7 to 5. On a motion by Supervisor Sterling, second by Supervisor Nester (Vote 5-0) the Board of Supervisors authorized the advertisement for an amendment to the Media Communications Advisory Board ordinance reducing the number of members from 7 to Fire Police Appointments - Spring Mill Fire Company On a motion by Supervisor Sterling, second by Supervisor Drossner (Vote 5-0) the Board of Supervisors appointed the following individuals as Fire Police for Spring Mill Fire Company: Dennis Gravinese Jennifer McGuigan 4. Hold Harmless Agreement E. Valley Green Road Mr. Guttenplan explained the Hold Harmless Agreement is for the property at 6344 E. Valley Green Road. The owners propose a 4-foot high picket fence on a portion of their property, which will encroach 6 feet into the ultimate right-of-way of East Valley Green Road. He stated the Police Department has no issue with the fence as proposed. On a motion by Supervisor Sterling, second by Supervisor Nester (Vote 5-0) the Board of Supervisors approved a Hold Harmless Agreement for a fence in the ultimate right-of-way at 6344 East Valley Green Road. 5. Bid Advertisement - Miles Park Capital Project Mr. Mellor explained, this week the Township received news from PA Department of Conservation and Natural Resources (DCNR) that the Township can move forward with the Public Bidding for the Miles

7 7 Park Improvement Grant Project. He explained the project will affect the upper fields at Miles Park along Joshua Road and will affect three ball fields. He explained the timeline of the project and the impact to the park. On a motion by Supervisor Drossner, second by Supervisor Sterling (Vote 5-0) the Board of Supervisors authorized the bid advertisement for the Miles Park Field Improvement Project. Megan Sivel (N. Warner Road) asked about the impact from construction trucks to the area. Mr. Sullivan explained there will be construction vehicles on the upper fields, but they will take access from Joshua Road and maybe sometimes from the parking lot. Ms. Sivel asked if all damage to the roads will be fixed and Mr. Sullivan agreed. PUBLIC COMMENT PERIOD Thomas Sivel (N. Warner Road) stated the Township roads are unsafe. He said he is trying to find out the tonnage weight for the bridge on Stenton Avenue near Mill Road. Mr. Sullivan stated it is unposted so there is no weight limit. Mr. Sivel spoke to about overgrowth near the streets, low lying branches and excessive speed of trucks. Mr. Kilkenny asked that he set up a meeting with either the Township Manager or the Police Chief. There was a discussion about the Valley Green Road bridge. BOARD MEMBER COMMENTS ANNOUNCE EXECUTIVE SESSION Chair Grossman announced the Board of Supervisors held an Executive Session before the public meeting where the Board discussed litigation. ADJOURNMENT On a motion by Supervisor Sterling, seconded by Supervisor Totten, the meeting was adjourned at 8:00 PM. Respectfully submitted, Richard L. Mellor, Jr. Township Manager