Meeting Minutes

Board of Supervisors

Thursday, October 08 2009

WHITEMARSH TOWNSHIP
BOARD OF SUPERVISORS
PUBLIC MEETING MINUTES

October 8, 2009

A Regular Monthly Meeting of the Whitemarsh Township Board of Supervisors was held on Thursday, October 8, 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; Robert R. Hart; Kelly C. Wall 
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

Meeting was called to order by Chair Erlbaum.

PLEDGE OF ALLEGIANCE

MOMENT OF SILENCE FOR ARMED FORCES

ANNOUNCEMENTS
1. The Board of Supervisors thanked the participants and volunteers for Touch-a-Truck and Wag’n’Walk, which were held last weekend. 
2. On Saturday, October 10th, the Whitemarsh Business Association will be having their Pumpkin Festival at Miles Park from 12 PM-5 PM.
3. Township leaf pickup will run from October 15th through mid-December.  Residents can place their leaves by the street for pick up.
4. The Environmental Advisory Board was presented awards by the Pennsylvania Horticultural Society for the following:  Naturalization of the Intermittent Stream at Miles Park and the Tree Vitalization project at McCarthy Park.  The Board of Supervisors thanked the Environmental Advisory Board for their efforts on these projects.
5. The Board of Supervisors thanked the 30 volunteers from GlaxoSmithKline for the outdoor cleanup they completed in front of the William Jeanes Memorial Library.
6. The Whitemarsh Township Television Channel is not up and running yet, but some of the equipment has been set up in the meeting room for testing.  Tonight’s meeting is being taped for review, but it will be not broadcasted.
7. The Halloween Home Decorating Contest judging will take place on October 30th.  Any resident who would like to register their house for the contest must complete a registration form by October 27, 2009.

APPROVAL OF MINUTES
None

BOARD PUBLIC DISCUSSION ITEMS
1. Fort Washington Office Park – Joint Planning Project (Upper Dublin and Whitemarsh) for Sustainable Development
- Mr. van de Velde explained that the Board of Supervisors approved the joint application with Upper Dublin Township to receive a grant from the Delaware Valley Regional Planning Commission (DVRPC) for the preparation of a plan for the re-development of the office park area which consistently has flooding problems.  He stated that a Request for Proposals is about to be issued.  He added that the estimated cost for the preparation of the plan is about $90,000, but it is too early to determine what Whitemarsh Township will be contributing. The DVRPC grant requires a 20% match from the community.  He recommended the Township appoint 3 participants (possibly two volunteers from the Planning Commission, and a Staff Designee) to the planning firm selection committee and the planning project steering committee.
- Supervisors Richards and Erlbaum stated it  was a good idea to work with neighboring townships regarding flooding problems.
- Mr. van de Velde noted there were some improvements in the area since PennDOT re-constructed the 309-overpass/turnpike-entrance area, but it was not enough to alleviate the problem entirely.

2. Report – Stormwater Improvement Projects
- Mr. Sullivan reported on the status of the following projects:  
Whitemarsh Woods  The Township is waiting for the permit to be issued, but         the scope has been changed to make it better than previously determined.
Barren Hill Road Project Tonight’s meeting agenda includes an Intent to Award the bid to the lowest responsible contractor, and the project should start early to mid-November
McCarthy Park Project   Tonight’s meeting agenda includes an Intent to Award the bid to the lowest responsible contractor, and settlement for the PennVest grant is scheduled for October 27, 2009 at which time the project can begin.
- Supervisor Erlbaum requested that neighbors be notified about the projects.  She stated that there was a meeting with federal and state representatives and other  Montgomery County communities regarding stormwater flooding. Township Board members have been following up with new resources identified at the meeting – including the Army Corps of Engineers, the Department of Environmental Protection (DEP) and the Pennsylvania Emergency Management Agency (PEMA.)  She stated that the Army Corps and DEP are scheduled to meet with Whitemarsh Township representatives in November. 
- Supervisor Hart announced that a representative from the Hazard Mitigation Department of PEMA will be in Whitemarsh Township on October 20, 2009 to review flood prone area problems with Staff.  He explained that the representative will perform an analysis to determine what help residents might qualify for, and what program funding might exist for needed assistance.
- Supervisor Richards requested a stormwater project update be regularly put on the Township’s website.
- Michael Straff (Fields Drive) inquired about the status of an outside engineering firm surveying the area.  Supervisor Erlbaum stated that an outside firm is currently working with the Township and the Colonial School District, and such work is part of an on-going process to gather essential data for all decision-making. . 
- Supervisor Hart added that there has been a lot of time spent discussing Whitemarsh Farms with Staff, and there are definite plans being discussed for possible future projects.
- Jill Polowczuk (North Warner Road) stated that the flooding in the Whitemarsh Farms area has been an issue for 40 years.

ORDINANCES
None

RESOLUTIONS
1. Resolution #2009-42 – Emergency Road Repair – North Lane
- Mr. van de Velde explained that the Township entered into a co-op agreement with PennDOT to repair North Lane on an emergency basis, since there was a severe risk that the road would collapse during any kind of rain.  He stated that work is almost finished, but Staff needs confirmation from the Board of Supervisors to use Liquid Fuels to pay for Whitemarsh Township’s portion of the work. He added that the PennDOT’s Liquid Fuels representative requested the Township approve this decision as a Resolution.
- Supervisor Erlbaum thanked Staff and members of the Public Works Department for their hard work in a timely matter.
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors adopted Resolution #2009-42, declaring the unstable sinkhole condition on North Lane to be an emergency, ratified the selection of Ratosky and Trainor to make the necessary repairs at a cost of $19,500.00, and confirmed the use of Liquid Fuels to pay for the repair.

2. Resolution #2009-43 – SLD 10-00 SEPTA Fort Washington Station – Acceptance of Dedication
- Mr. Horrocks explained that this dedication is for the SEPTA Fort Washington Station, which been operating the new station and parking area since 2001. All technical deficiencies have now been resolved.
- On a Motion by Supervisor Wall, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors adopted Resolution #2009-43, which accepts various deeds of dedication of certain rights-of-way along Summit Avenue and Pennsylvania Avenue for the SEPTA Fort Washington Station Land Development improvements.

3. Resolution #2009-44 – Distribution of State Aid Allocation – Minimum Municipal Obligation
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors adopted Resolution #2009-44, which allocates $60,583.82 of the 2009 State Aid to the Non-Uniform Employee Pension Plan, and $355,422 of the 2009 State Aid to the Police Pension Plan.

MOTIONS
1. Notice of Intent to Award Contract for McCarthy Park Stormwater Improvement Project
- Mr. Sullivan explained that on September 22nd, seven bids were received, and all assessment of the quality of the apparent low bidder have been completed. He stated that it has now appropriate to give Notice of Intent to Award, and move forward with in accordance with the schedule for the settlement on the PennVest Grant.
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors approved giving notice of the Township’s Intent to Award the McCarthy Park Stormwater Improvement Project to Land-Tech Enterprises for an amount not to exceed $1,097,802.00.

2. Notice of Intent to Award Contract for Barren Hill Road Stormwater Project
- Mr. Sullivan explained that 4 bids were received for this project, and James R. Kenney Excavating & Paving was the lowest responsible bidder.
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors approved giving notice of the Township’s Intent to Award the Barren Hill Stormwater Improvement Project to James R. Kenney Excavating & Paving for an amount not to exceed $577,290.00.

3. Authorization to Purchase Used Dump Truck
- Mr. van de Velde explained that an old dump truck needs to be replaced.  He reviewed staff’s recommendation in the 2009 Budget to seek a used dump truck, since new trucks can cost over $100,000. 
- On a Motion by Supervisor Brooke, seconded by Supervisor Wall (Vote 5-0,) the Board of Supervisors approved the purchase of a used dump truck for a cost of $34,000 and outfitting it with the necessary snowplowing equipment for an additional $6,605.00.

4. Award of Professional Services Contract for Land Appraisal
- Mr. van de Velde explained that part of the Township’s investment in the conservation of the Erdenheim Farm was an opportunity to use about 3 acres near Fountain Green Road for a dog park. To realize maximum benefit of the 3 acres, the Township is interested in purchasing about 1.5 acres from CBS/KYW for a parking area.  He stated that KYW had expressed a readiness to consider an offer for the land needed, but the Township must obtain an appraisal before it can purchase any property. 
- Supervisor Wall questioned the choice of appraisers.  Mr. van de Velde stated that Higgins and Welch can do the work a little faster than Indian Valley Appraisers,
- On a Motion by Supervisor Richards, seconded by Supervisor Brooke (Vote 5-0,) the Board of Supervisors approved the Township retaining the firm of Higgins and Welch to prepare an appraisal of an area of approximately 1.4 acres owned by CBS/KYW.

5. Authorization to Seek Proposals for Construction Inspection
- Mr. van de Velde explained that the Germantown Pike Renovation Project will hopefully be ready to start by spring.  He stated that under PennDOT rules, the Township must retain an engineering firm to oversee the construction that did not design the project.
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors authorized the Township Manager to advertise for construction inspection services for the Germantown Pike improvement project.

6. Authorization to Prepare a Paving Contract for North and South Warner Roads
- Mr. van de Velde explained that Aqua Water Company put new water lines on North and South Warner Roads this summer, and they have completed a temporary patch on the roads.  Aqua is required to repave half of the roads, but several neighbors approached the Township to request both sides of the roads be resurfaced at the same time. Since the Township must seek bids for such work, Aqua has agreed to contribute half of the paving cost to the Township. The Township will maintain the road surface temporary patch until the spring, when the roads are repaved.
- Supervisor Erlbaum asked Mr. Sullivan if he was comfortable moving forward with this.  Mr. Sullivan stated that he was comfortable.
- Supervisor Richards suggested notifying the neighbors of the Board’s decsion.  Mr. van de Velde stated that Staff would take care of it.
- Cindy Carr (South Warner Road) asked for confirmation that both sides of the road will be repaved in the Spring.  Supervisor Erlbaum confirmed.
- John Kerrigan (North Warner Road) stated that it was a better deal to repave the entire roadway in the Spring.
- Matt Junod (South Warner Road) thanked the Board of Supervisor for considering the neighbor’s request.
- On a Motion by Supervisor Hart, seconded by Supervisor Wall (Vote 5-0,) the Board of Supervisors authorized the Township Engineer to prepare construction specifications and bid documents, and for the Township Manager to advertise for a contractor(s) to bid on performing the road resurfacing work on North and South Warner Roads.

7. Authorization for Aqua to Install a New Fire Hydrant
- Mr. van de Velde stated that the closest fire hydrants to the Koontz Park property are at Cherrydale Drive and the other side of Ridge Pike.  The Fire Marshal has suggested placing a new fire hydrant in front of Koontz Park to better serve the houses on Harts Lane and the new park.
- Supervisor Richards expressed concern over the library books that will be temporarily housed at Koontz Park, if the hydrant can’t be installed by December. Mr. Sullivan stated that it should take only a few weeks to have the new hydrant installed.
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors authorized the Township Manager to contract with Aqua to install a new fire hydrant on Harts Lane in front of Koontz Park for a cost of $16,085.63.

8. Authorization to Sell Surplus Police Department Firearms
- Mr. van de Velde explained that firearms wear out, and the Police Department would like to sell surplus weapons being replaced this year. The Board of Supervisors must approve the sale of all Township property.
- Supervisor Brooke requested that Staff obtain a list from Chief Behr with detailed information about age and use about the weapons to be sold.
- On a Motion by Supervisor Hart, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors approved the sale of surplus firearms from the Police Department.

9. Road Closure – Birch Road (between Ash and Ridge) Neighborhood Event
- On a Motion by Supervisor Brooke, seconded by Supervisor Wall (Vote 5-0,) the Board of Supervisors approved the closure of Birch Drive between Ridge Pike and the stop sign on Saturday, October 24, 2009 from 3:30 PM to 5:30 PM, as long as access can be retained for emergency vehicles.

AMEND AGENDA
On a Motion by Supervisor Brooke, seconded by Supervisor Wall (Vote 5-0,) the Board of Supervisors amended the agenda to add two resolutions and two motions.

RESOLUTIONS
1. Resolution #2009-45 – PennVest Grant Settlement
- Mr. van de Velde explained that the Township was fortunate enough to receive a grant of $618,485.00 from PennVest for the McCarthy Park-Joshua Knoll storm water project. The Resolution will enable the Township to move forward with the project and accept the grant.
- On a Motion by Supervisor Richards, seconded by Supervisor Brooke (Vote 5-0,) the Board of Supervisors adopted Resolution #2009-45, which authorizes the Chair of the Board of Supervisors and the Township Manager to take all steps necessary to complete and execute all documents required for settlement of the Grant from the Pennsylvania Infrastructure Improvement Authority for the purpose of obtaining funding for the McCarthy Park-Joshua Knoll Stormwater Improvement Project.

2. Resolution #2009-46 – Repay General Fund with PennVest Grant Funds
- Mr. van de Velde explained that because this is a reimbursement grant, the Township will need to advance money out of the General Fund, and reimburse the Fund as the grant proceeds are received from PennVest.
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors adopted Resolution #2009-46, which authorizes the Township to pay the McCarthy Park-Joshua Knoll Stormwater Project costs on an interim basis using its General Fund, until the proceeds of the Grant from the Pennsylvania Infrastructure Improvement Authority (PennVest) are received, and the Township is authorized to reimburse its General Fund for the Project costs up to the maximum principal amount of $618,485.00.

MOTIONS
1. Appraisal for Right of Ways at Ridge Pike and Harts Lane
- Mr. van de Velde explained that the Ridge Pike Project is getting underway, and the State needs some easements for the replacement and repair for the traffic lights at the corner.  He stated that the Township needs to change the right-of-way lines to make sure that the legal road is where it is supposed to be and the public agencies need easements for the light standards, and the construction/maintenance area.  The Township will need appraisals before it can begin negotiating with property owners for the needed fee simple purchases and easements.
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors authorized the Township Manager to solicit appraisal proposals for right-of-ways at the Ridge and Harts/Church intersection which the Board of Supervisors can consider at its next public meeting.

2. Waiver of Permit Fee for 829 Hain Drive
- Supervisor Hart explained the request is being made to waive the building permit fee associated with the work the property owner needs to do to correct the damage incurred during the August floods.
- Supervisor Brooke inquired if the Township could override the fee waiver limitations in its Code. Mr. Eisenberg stated that because building permit fees are set by the Board of Supervisors, the Board of Supervisors can waive them.
- Suzanne Mastroeni (Hain Drive) stated that she would appreciate the help, since she is still waiting for her insurance settlement.
- Supervisor Richards supported the motion and would like to make sure that similar situations can have the same outcome.  Mr. van de Velde suggested amending the Ordinance to include waiving such fees for work needed to as a result of Board of Supervisors declared disaster situations.
- Supervisor Brooke expressed concern over the possibility of a lawsuit, because this is going against the current Ordinance adopted by the Board of Supervisors.
- Supervisor Erlbaum stated that such fee waiver would be limited to a very specific “defined” group of residents.
- Supervisor Hart clarified with the Solicitor that this motion is not going against the Township Code.  Mr. Eisenberg stated that the Supervisors could waive the fee, but he suggested the Township consider changing the Code to establish the Board of Supervisors clear ability to provide for fee waivers in certain situations. On a Motion by Supervisor Hart, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors waived the permit fees for 829 Hain Drive, regarding re-construction of damages received during flooding.

PUBLIC COMMENT
- Mr. Straff requested that his name and address be erased from the meeting minutes online due to recent fraud encountered on his wife’s credit card.  He stated that it is important for the Board of Supervisors to see the flood situation as it is occurring.  He requested that the Board of Supervisors take care of current residents.  Supervisors Erlbaum and Richards provided a detailed list (previously discussed at this meeting) regarding the things that the current Board of Supervisors have initiated regarding the stormwater issues in the Township.  Supervisor Hart stated that the Board of Supervisors is aggressively working to improve these problems, and they asked the Township Engineer to draw up a proposal for possible improvements in the Whitemarsh Farm area this year.
- Dan Loewenstern (Cedar Drive) stated he believes resident’s input is needed in moving forward with stormwater projects.  Supervisor Erlbaum stated that Mr. Loerherstern’s situation will not be resolved by any of the major projects.  She suggested setting up an appointment with Staff and the Township Engineer to review his concerns.
- Richard Cutler (Stenton Avenue) explained resident’s frustration as the current Board of Supervisors were not doing anything proactive for stormwater projects until the August floods.  He also requested that the Board of Supervisors consider the merits that PennDOT has in imposing a separation of design engineering and construction inspection service.

BOARD OF SUPERVISORS COMMENT
- Supervisor Wall thanked Mr. Cutler for his comments regarding former Boards of Supervisors.  She confirmed that the current stormwater projects were initiated by previous Boards of Supervisors.
- Supervisor Erlbaum stated that the current Board of Supervisors is responsible for approving the spending of the funds for the stormwater projects.
- Supervisor Erlbaum suggested the Board of Supervisors send a letter to Representative Mike Gerber’s office requesting that no public lands be used for  natural gas drilling because of the environmental hazards to nearby streams. 
- Supervisor Erlbaum informed the Board of Supervisors about a new bill being considered by the State House Transportation Committee, in which local police would be permitted to use radar. The Board of Supervisors approved the Chair sending a letter urging approval of the measure to the members of the Transportation Committee.  

EXECUTIVE SESSION
Chair Erlbaum announced that an Executive Session was held prior to the Public meeting to discuss litigation and personnel matters.

ADJOURNMENT
On a Motion by Supervisor Brooke, seconded by Supervisor Wall, the meeting was adjourned at 8:40 PM.

Respectfully Submitted,

Christopher R. van de Velde
Township Manager