Board of Supervisors
Thursday, January 22 2009
January 22, 2009
A Regular Monthly Meeting of the Whitemarsh Township Board of Supervisors was held on Thursday, January 22, 2009, at
7:00 PM in the Whitemarsh Township Building, 616 Germantown Pike, Lafayette Hill, Pennsylvania.
Supervisors Present: Sara J. Erlbaum, Chair; David E. Brooke, Vice-Chair; Leslie S. Richards; and Robert R.
Hart
Also Present: Christopher R. van de Velde, Township Manager; Bruce G. Horrocks, Assistant Township
Manager; Todd Eisenberg, Township Solicitor; and James C. Sullivan, PE, Township Engineer
Supervisor Absent: Kelly C. Wall
Meeting was called to order by Chair Erlbaum.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE FOR ARMED FORCES
ANNOUNCEMENTS
1. Lincoln Fire Company will host a Blood Drive on February 14, 2009, 9:00 AM – 3:00 PM.
2. The Whitemarsh Township Parks and Recreation Department is currently accepting registration for Winter,
Spring and Summer programs. Discounts are available for some summer camps if registration is complete by April
15, 2009.
3. Free clean-up bags for dogs can be picked up in Michael Zeock’s Office between 9:00 AM and 5:00 PM, Monday
through Friday. Donations may be made to the SPCA.
4. Whitemarsh Township is holding a Greener Lifestyles Workshop on Wednesday, February 11, 2009 at 7:00
PM. Topics include proper disposal of medication, non-toxic cleaning, saving energy, and conserving water.
APPROVAL OF MEETING MINUTES
1. On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 4-0,) the Meeting Minutes
from the November 13, 2008 Board of Supervisors Meeting was approved.
- Supervisor Erlbaum noted that she made the motion to approve the Tree Vitalization Grant Application, instead
of Supervisor Richards.
2. On a Motion by Supervisor Hart, seconded by Supervisor Brooke (Vote 4-0,) the Meeting Minutes from the
November 20, 2008 Board of Supervisors Meeting was approved.
- Supervisor Erlbaum asked for verification that the number of police calls would increase with K9 Units.
Supervisor Brooke stated that the amount of uses for K9 Units would increase, instead of the number of calls.
3. On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 4-0,) the Meeting Minutes from the
January 5, 2009 Annual Organizational Meeting was approved.
PUBLIC DISCUSSION ITEMS
1. McCarthy Park Stream Bank Restoration – Progress Report
Presented by: Christina Kobland, from Native Return, Project Manager for
McCarthy Park Stream Bank Restoration
- Ms. Kobland presented a timeline regarding the upcoming changes. She stated that the project will take
time to return to its original density.
- Mr. Horrocks added that the current bid includes 500 total trees and 75 total shrubs.
- Ms. Kobland asked that no one plant anything that does not belong there or dump lawn clippings or trash in the
area.
- Supervisors Richards and Brooke inquired about the length of time it would take for residents to get their
privacy back. Ms. Kobland stated it would not be a dense barrier for at least 5 years.
- Supervisor Richards asked if there was a way to quicken the density. Ms. Kobland explained a few ways to
quicken the density. She stated that there may be a way to adjust the bid to include 800 trees, instead of 500.
- Supervisor Richards suggested that the School Board and Township employees revisit and revise plans in order
to get the density back faster.
- Ms. Kobland stated she will look into more funding.
- Supervisor Erlbaum requested that Ms. Kobland verify that planting more trees is the best approach. Ms.
Kobland verified it.
- Frances Zeock, from 4046 Fairway Road, expressed concern over the wildlife losing their food and
shelter. She would like neighbors added to the committee in order to be involved in decisions.
- Eileen Behr, from Francis Road, expressed her concern over the children in the area and requested medical data
sheets for the herbicides used to kill the invasive plants.
- Mr. van de Velde offered an apology for not considering all of the ramifications. He encouraged the
committee idea and requested that the Environmental Advisory Board and the Shade Tree Commission revise the list of
types of grasses, trees and shrubs, and find resources to increase what is being planted.
- Supervisor Erlbaum requested neighbors be notified of ongoing progress and financing be found for extra
growth.
- Mr. Horrocks requested material safety data sheets on the pesticides used.
- Terrence Howard, from 3008 Spring Mill Road, requested that the community set up troughs for the animals while
waiting for food to grow back. Mr. van de Velde stated that he will look into the idea.
- Supervisor Erlbaum stated that every resource available for this project would be used.
2. Solicitor’s Report on Building Permits and Code Enforcement at 3008 Spring Mill Road
Presented by Todd Eisenberg, Township Solicitor
- An investigation into the progress of the construction and history of the permits for the property at 3008
Spring Mill Road was conducted, as requested by the Board of Supervisors. Mr. Eisenberg concluded that there
was no evidence of any violations, work has been ongoing in accordance with Township code, and permits have not
expired. Mr. Sztubinski confirmed that the record was accurate.
- As requested by Supervisor Erlbaum, Mr. Horrocks confirmed new work hours as of November 20, 2008 are as
follows: Weekdays 7:00 AM to 6:00 PM (for Contractors and Residents,) Saturdays 8:00 AM to 9:00 PM (for
Residents,) and Sundays 8:00 AM to 6:00 PM (for Residents.)
- Terrence Howard, from 3008 Spring Mill Road, stated that the issue with Ms. Gallagher is personal.
- Supervisor Brooke requested Mr. Howard provide his status. Mr. Howard replied that the work outside is
done, except for finishing touches.
- Frances Zeock, from 4046 Fairway Road, commended Mr. Howard on his work so far.
- Ellen Gallagher, from 101 Ridge Pike, stated that her problem with 3008 Spring Mill Road is not with Mr.
Howard. Ms. Gallagher felt that the Solicitor’s report was focused.
- Mr. Sztubinski, Mr. Howard, Mr. Horrocks, and Mr. Sullivan discussed the driveway construction, as requested
by Ms. Gallagher. It was concluded that the driveway is covered under the Earth Disturbance Permit Application.
- Ms. Gallagher stated that Mr. Howard is not being held to the same standards. Supervisor Erlbaum stated
that according to the report by the Solicitor’s Office, all permits have been filed correctly.
- According to Mr. Sullivan, the next step will be to wait for the revised plans from the surveyor.
- Supervisor Erlbaum requested confirmation that no work has been done without permits. Mr. Sztubinski and
Mr. Sullivan stated that all work has been stopped.
- Supervisor Brooke asked when the last time staff visited the property to make sure no more work has been done
to the property. Mr. Sztubinski stated that he was there on January 21, 2009 and cleanup is underway, as
requested by Township staff.
- Antonio Howard, Steward for the property, confirmed that cleanup is underway.
- There was discussion regarding the Historical Architectural Review Board (HARB) being unhappy with this
property. Supervisor Erlbaum, Mr. Horrocks, Supervisor Brooke all concluded that the property owner met with
HARB and no inaccuracy was found. Supervisor Erlbaum also concluded that HARB was aware of the issue, and they
chose not to raise concerns with the Board of Supervisors about the property.
- Mr. Horrocks stated that he has made it known to all Boards and Committees that if they want to make a
recommendation to the Board of Supervisors, they request a Motion, and an affirmative action on that Motion in
writing, during a regular Public Meeting.
ACTION ITEMS
RESOLUTIONS
1. Resolution 2009-04 – Master Casting Agreement with Penndot
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 4-0,) the Board of Supervisors approved
Resolution 2009-04, which authorizes the Chair of the Board of Supervisors and the Township Manager to enter into a
new Master Casting Agreement with Penndot.
- Mr. van de Velde explained that Penndot is now requiring a Resolution, after the Board of Supervisors passed a
Motion on January 5, 2009, approving reimbursement to Penndot for resurfacing and relocating manholes.
2. Resolution 2009-05 – Appointment of Building Code Officical
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 4-0,) the Board of
Supervisors approved Resolution 2009-05, which
appointed Robert Sztubinski as the Whitemarsh Township Building Codes Official.
- Mr. van de Velde explained that Mr. Sztubinski will fulfill the Township code’s requirement as a Municipal
Code Official, replacing Calvin
Bonenberger, who is now the Emergency Services Administrator. He has certification as a Building Codes
Official.
MOTIONS
1. Authorization to Prepare Ordinance Amending Appointment Procedure for Deputy Fire Marshals
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 4-0,) the Board of Supervisors approved
authorization for the Solicitor to prepare and the Township Manager to advertise an Ordinance to amend the Township
Code to allow the Township Manager to appoint 3 Deputy Fire Marshals, based on recommendations by the Emergency
Services Administrator, and to enable the Township to select Deputy Fire Marshals from active members of the Fire
Companies and/or Township Staff.
- Mr. van de Velde explained that the Township is requesting an updated Ordinance to allow flexibility when
assigning Deputy Fire Marshals.
- Supervisor Erlbaum requested an explanation of their duties. Mr. van de Velde stated that they would be
looking for fire hazards in Township structures when permit applications are filed and report/record the events
during an active fire.
2. Authorization to Advertise for Koontz Park Construction Bids
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 4-0,) the Board of
Supervisors approved authorization for Township staff to advertise for contractors to bid on the construction of the
planned improvements for Koontz Park.
- Doug Knauss, Parks and Recreation Director, and Jay D. Felice, Landscape Architect for the Project, requested
an amendment to the plans to include more cost-effective procedures.
- Mr. van de Velde clarified the Capital Budget as $900,000 for this project.
- Mr. van de Velde asked if there was a way to spread out the cost of the project over a period of time.
Mr. Knauss explained Phase I includes all of the excavation of the site and setting up the basics. Phase II
includes other items that can wait until another date.
- Supervisor Brooke asked for a time estimate of completion. Mr. Knauss explained that the work will start
mid to late April and will take approximately 3-4 months to complete.
- Supervisor Hart thanked Mr. Knauss on his communication with residents regarding the project.
- Supervisor Richards stated that the majority of residents are looking forward to this park project, and it may
be able to take some of the traffic away from Miles Park.
- Supervisor Erlbaum requested that Mr. Knauss and Mr. Felice consult with the Police Department in regards to
design and safety. Mr. Knauss stated that he will make contact with the Police Department.
- Supervisor Brooke stated that it would be a good idea to set up surveillance during Phase I.
- Supervisors Richards and Erlbaum requested that the Environmental Advisory Board, the Planning Commission, and
the Shade Tree Commission be contacted in regards to the plans.
- Mr. Felice stated that the plans are not current, but that will be done soon. He stated that permits are
being obtained.
- Mr. Sullivan suggested tree specs be done by the next Shade Tree Commission meeting on February 3, 2009.
He stated that the NPDES Permit will be submitted by the end of January.
- Mr. van de Velde stated that this topic will be on the agenda for Tuesday’s Planning Commission meeting.
- Supervisor Erlbaum asked for clarification on the plans. Mr. Felice clarified her concerns.
- Richard Cutler, from Stenton Avenue, cautioned the Township against signing a contract without waiting to
confirm the Revenue Projections in order to ensure fiscal responsibility. Mr. van de Velde stated that if the
Board of Supervisors does not like the bid, the Board does not have to award it. Supervisor Brooke concurred
with Mr. Cutler’s reaction and verified that discussions will take place with the financial advisors regarding this
project before it begins.
- Supervisor Erlbaum stated that this was just a Motion to authorize the bid.
3. Barren Hill Stormwater Improvement Project – Authority to Bid, Prepare Easement Agreements, and
Notify Neighbors
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 4-0,) the Board of
Supervisors approved the authorization of the Township Manager to notify the abutting property owners, to have the
Solicitor prepare the necessary permanent and temporary construction easements,
and to advertise for bid as to find a contractor to perform the Barren Hill Stormwater Improvement Project.
- Mr. van de Velde explained that this project is different, because it is on a Penndot highway, which requires
Penndot approval. Mr. van de Velde asked Mr. Sullivan to investigate property owners that are concerned about
losing pieces of their property.
4. Approve Township Memberships – Whitemarsh Business Association and Greater Valley Forge
Transportation Partnership
- On a Motion by Supervisor Hart, seconded by Supervisor Richards (Vote 4-0,) the Board of
Supervisors approved the Township joining the Greater
Valley Forge Transportation Partnership at a cost of $2,000 and the Whitemarsh Business Association at a cost of
$25.
- Mr. van de Velde stated that the purpose of joining the Greater Valley Forge Transportation Partnership is to
join forces with surrounding municipalities, the county, and state officials in order to communicate transportation
issues.
- Supervisor Richards requested that someone attend each of the meetings for the Greater Valley Forge TMA.
- Mr. van de Velde stated that there is smaller subset of the Greater Valley Forge Area that discusses more
local transportation issues.
5. Engineering Cost Over-Runs – Germantown Pike Project
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 4-0,) the Board of
Supervisors approved the Township Manager entering into an agreement with CMX to amend the cost for engineering
services for the Germantown Pike Revitalization Project for $75,000 for work incurred to date and up to $17,000 for
the work anticipated as being necessary to complete the pre-bid approvals associated with the project.
- Mr. van de Velde explained that Penndot has changed its rules and standards for pedestrian handicap ramps, and
CMX has incurred additional staff costs. Therefore, revisions are needed for the new estimations in the amount of up
to $25,000.
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 4-0,) the Board of Supervisors approved
the allowance for up to $25,000 for the work anticipated as being necessary to complete the pre-bid approvals
associated with the project.
- Supervisor Richards asked if $25,000 will cover the remainder of the work. Mr. Sullivan stated that it
would cover the remainder of the work.
- Supervisor Richards commended efforts of the Township Manager and Township Engineer on this issue.
6. Specialty Legal Counsel Fees
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 4-0,) the Board of
Supervisors approved the use of Joseph Centeno, of ObermayerRebmann, for personnel matters, and the retention of Ross
Weiss, of Cozen O’Connor, for matters related to the Highway Materials Inc. case.
- Mr. van de Velde explained that the Township periodically has litigation and personnel matters the Township
Solicitor believes will require specialized legal expertise.
7. H2O Pennsylvania Grant Applications
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 4-0,) the Board of
Supervisors approved the Township to authorize CMX to complete 3 grant applications for H2O Pennsylvania Assistance.
- Mr. van de Velde explained that the state has a new grant program to assist municipalities in meeting the
costs associated with water, stormwater, and wastewater treatment projects. He stated that CMX recommended
pursuing grants for three stormwater projects (Whitemarsh Valley Farms, Barren Hill, and McCarthy Park/Joshua
Knoll.)
- Supervisor Richards asked why the Township was not applying for a 50/50 match. Mr. Sullivan stated that
if we don’t ask for 50%, we would more likely be approved for the funding.
- Supervisor Richards asked if there was a way to ask for different percentages on each application. Mr.
Sullivan responded that the Township will not be using uniformed amounts.
- Supervisor Richards commended the Township Manager and the Township Engineer for being proactive to benefit
the Township.
- Supervisor Erlbaum stated it is not good to go too low either.
- Mr. Sullivan stated the Township can reapply for grants later in the year.
- Mr. van de Velde suggested that the Township talk to the State Representative.
8. Authorize Agreement – Hough Association, 2008 Joint Recycling with Plymouth Township
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 4-0,) the Board of
Supervisors approved the execution of an agreement authorizing Hough Associates to collect 2008 recycling data for
Whitemarsh Township and prepare a joint 904 Performance Grant application with Plymouth Township for the cost of
$3,920 plus 15% of a performance grant in excess of $50,000.
- Mr. Horrocks and Supervisor Brooke explained the financial gain the Township received for filing the joint
application.
- Supervisor Erlbaum requested the Township’s status of the reinforcement of Commercial Recycling. Mr.
Horrocks stated that the unofficial recommendations by Hough Association include that the Township go about getting
to the reinforcement requirement in a different manner. He stated that he believes that the reports will be
more accurate if submitted by the Non-Residential Haulers.
- Supervisor Erlbaum stated she appreciates the effort of the Assistant Township Manager in trying to encourage
Non-residential owners to recycle.
9. Minor Subdivision Approval – 6190 West Mill Road, Springfield Township
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 4-0,) the Board of
Supervisors approved a minor subdivision at 6190 West Mill Road, Flourtown proposing a lot line change effecting that
portion of the property located within Springfield Township subject to the owner’s compliance with all requirements
imposed by Springfield Township.
- Mr. Horrocks stated that the structure that the property owner is trying to purchase is not in Whitemarsh
Township.
- Mr. Eisenberg stated that Springfield Township requested this motion in order to proceed on their end.
10. SLD #04-07 – 840 Andorra Road, Redate Approval Granted July 10, 2008
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 4-0,) the Board of
Supervisors approved the re-date approval of SLD-04-07 840 Andorra Road minor subdivision, granted final approval on
July 10, 2008 by Resolution 2008-25, effective January 22, 2009 for Montgomery Country Recorder of Deeds recordation.
- Mr. Horrocks explained that the plans ready for recordation were not supplied to the Montgomery County
Recorder of Deeds within the required 90 day period. A new re-date is required so the plans can be recorded.
- Supervisor Brooke stated asked who was at fault.
- Mr. Horrocks stated that the Township does not have control.
- Mr. Sullivan added that the applicant was at fault in this situation.
- Supervisor Brooke asked if there was a cost or penalty on the Township.
- Mr. Sullivan verified there would be no cost or penalty.
11. SLD #06-06 – Oberkircher Minor Subdivision, Re-date Approval Granted June 14, 2007
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 4-0,) the Board of
Supervisors approved the re-date approval of SLD 06-06 Oberkircher minor subdivision, granted final approval on June
14, 2007 by Resolution 2007-26 and an approval re-date on May 8, 2008, effective January 22, 2009 for Montgomery
County Recorder of Deeds recordation.
- Mr. Horrocks explained that the applicant’s attorney did not file for an unknown reason, and there are three
different property owners involved.
12. Bid Authorization – 2009 Roadway Materials
- On a Motion by Supervisor Hart, seconded by Supervisor Richards (Vote 4-0,) the Board of
Supervisors approved the authorization of a Bid for 2009 Roadway Materials.
- Mr. Horrocks explained that these are the road materials required for the Public Works Department to do work
on the roads of the Township.
13. Approval of December Expenditures and Payroll
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 4-0,) the Board of Supervisors approved
the December Expenditures and Payroll: Expenditures out of the PNC Pension Trust Fund in the amount of $8,060,
Total Expenditures for December in the amount of $1,848,377.84, with Total Payroll in the amount of $535,776.89.
PUBLIC COMMENTS
- Richard Cutler, from Stenton Avenue, requested the presence of changed Budgetary numbers on the meeting
minutes in order to follow line items more closely. Supervisor Brooke stated that he would have no problem
making the Budgetary Impact Reports public.
- Mr. Horrocks stated that the minutes do not reflect accurate financial numbers. He stated that the
Financial Reports that do reflect that information are available on line each month.
- Supervisor Erlbaum stated that the Board of Supervisors will take Mr. Cutler’s request under advisement.
- Supervisor Brooke stated that the numbers would not be concrete.
- Mr. van de Velde stated that he can try to make it work.
BOARD OF SUPERVISOR COMMENTS
- Supervisor Erlbaum recognized Mark Orlo, from the Colonial School Board, for his services,
leadership, and community service since 1993.
- Supervisor Brooke reminded the public that there is a sign-in sheet located at the back of the meeting
room. Supervisor Brooke submitted the sign-in sheet for the January 22, 2009 meeting for the record.
- Supervisor Richards requested permission to sign her name in support of Go21, a group who works to encourage
railfreights getting large trucks off the roads. Mr. Eisenberg stated that without Board support, it would be
difficult to add “Board Supervisor” to the signature.
- Supervisor Richards will forward the information to the Board Members .
- Supervisors Erlbaum and Brooke stated that they would not have a problem if Supervisor Richards put
“Whitemarsh Supervisor” after her name.
EXECUTIVE SESSION
Supervisor Erlbaum announced that there was an Executive Session held prior to the public meeting to
discuss Real Estate and 701A5 (privileged information and potential investigation.)
ADJOURNMENT
On a Motion by Supervisor Brooke, seconded by Supervisor Hart, the meeting adjourned at 9:55 PM.
Respectfully Submitted,
CHRISTOPHER R. VAN DE VELDE
Township Manager
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