Board of Supervisors
Thursday, November 19 2009
WHITEMARSH TOWNSHIP
BOARD OF SUPERVISORS
PUBLIC MEETING MINUTES
November 19, 2009
A Regular Monthly Meeting of the Whitemarsh Township Board of Supervisors was held on Thursday, November 19, 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. There will be a Library Benefit at Barnes and Noble on December 5, 2009. A percentage of the purchase
will benefit the Library.
2. The Stenton Avenue Bridge (between West Valley Green Road and Mill Road) will be closed for approximately six
months. Chief Behr explained that the police will monitor re-routed traffic for 7-10 days. For
questions/concerns, contact the Police Department’s Traffic Safety Unit.
3. Max’s Mission will be having a cleanup day on December 12th from 8:30AM to 10:30PM. More information is
available at www.maxsmission.org.
APPROVAL OF MINUTES
There were no minutes.
BOARD PUBLIC DISCUSSION ITEMS
1. Monthly Stormwater Situation Report
- Mr. Sullivan provided an update on stormwater projects in the Township: There were
pre-construction meetings for both the Barren Hill Road and McCarthy Park Projects this morning. The contractor
needs to obtain a road-closing permit for the Barren Hill Road Project, and the contractor believes that the project
will be complete by January 18, 2010. Construction on the McCarthy Park Project will begin on November
30th. Verbal notices were provided to both construction companies to begin each of those projects.
Mr. Sullivan stated that the Township is waiting for a permit for Whitemarsh Woods, and work may begin the week after
Thanksgiving. He added that the Township and homeowner parts of the project on Christie Circle have been
completed.
- Calvin Bonenberger, Emergency Services Director, provided a report to the Board of Supervisors regarding the
123 severe repetitive loss properties in the Township over the past 10 years and a list of work from 100 recent
damage to property complaints. Mr. Bonenberger stated that some of the properties with repetitive losses could
be eligible for up to an additional $30,000 from FEMA, if the Township had a specific Flood Ordinance. He
stated that Staff will be working on a Flood Ordinance in 2010. He added that information will be available to
residents regarding the National Flood Insurance Program. He will make arrangements for a representative to
come to the Township in 2010, as well as have local insurance companies available to explain flood insurance riders.
- Supervisor Brooke recommended multiple seminars, so that it presents multiple opportunities for residents to
attend.
- Mr. van de Velde stated that Staff will make sure that literature on the National Flood Insurance Program is
distributed in many ways and available to as many people as possible.
- Supervisor Erlbaum stated that the seminars can be recorded and broadcast on the Township’s cable television
channel.
- Supervisor Hart stated that he was informed that there are cuts in the new state budget, most of which are
coming from DEP, which may lead to delays.
- Supervisor Erlbaum announced that on December 4th, Eric Roark, from the Army Corps of Engineers, will hold a
seminar, and Representative Allison Schwartz will also be holding a seminar that day.
- Linda Doll (Fairway Road) requested Staff look into water coming off of Marquis Road during rain storms.
- Chris Roman (across from Germantown Academy) notified Staff that the West Valley Green Bridge is not safe,
because it floods all the time. Mr. van de Velde stated that the bridge is owned by County, and there is a
3-ton limit, which people may ignore with current detours in place. He stated that the Police Department will
look into the matter with PennDOT.
2. Cable Television – Whitemarsh Channel Demonstration
- Stan Finegold and Larry Bender, members of the Media Advisory Board, demonstrated the work of
local programming, which is anticipated to launch in January 2010. They provided a more detailed schedule of
programming to the Board of Supervisors.
- The Board of Supervisors thanked the members of the Media Advisory Board for all of their hard work on this
project.
3. Limits for Vicious Dog Ordinance
- Mr. Eisenberg explained that residents had a concern over a dog in a neighborhood. He stated that the
State passed a law a year ago regarding the regulations and investigation of vicious dogs, which supersedes Township
Ordinances. Mr. Eisenberg stated that the Philadelphia Dog Warden has been notified. He added that there is no
amendment that can be added to the Township’s current dog ordinances.
- Supervisor Brooke requested that the Board of Supervisors be notified with updates regarding this situation.
- Chief Behr stated that the Police Department, and Mr. Eisenberg stated that the Dog Warden, each issued a
citation to the resident in question.
ORDINANCES
No Ordinances
RESOLUTIONS
1. Resolution #2009-52 – SLD 07-08 Germantown Academy, Major Land Development – Conditional Approval
- Greg Davis, representing Germantown Academy, stated that all interested parties have reviewed
the resolution and have no concerns.
- Supervisor Erlbaum and Mr. Davis thanked all of the Township Boards for their work with Germantown Academy
during this project.
- Harry Thomas (Woodcock/Sheaff) expressed concern about the view of the new stadium lowering the value of the
homes on Sheaff Lane. Mr. Davis stated that the proposed bleachers are 600 feet away from Sheaff Lane, which
complies with the Township Ordinance. He added that a dense vegetation buffer will be added along Sheaff Lane,
as well as a fence. Additionally, Germantown Academy will maintain sidewalks. Rick Stoneback (Project
Engineer) and Jim Connor (Head of School) agreed to blend the new stadium bleachers into their environment as much as
possible.
- Linda Wagner (Lafayette Avenue) expressed concern over the noise, and she requested that construction vehicles
exit the property near the greenhouse. Mr. Sullivan provided the hours in the Township Noise
Ordinance. Mr. Connor stated that a plan will be developed and then reviewed with residents. He added
that there is an on-site project manager, who is available by cell phone at any time to answer questions/concerns.
- Mr. Roman requested that the construction vehicles be kept away from the houses as much as possible.
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors adopted
Resolution #2009-52, which grants conditional preliminary land development approval subject to the satisfaction of
certain conditions for SLD #07-08 Germantown Academy.
MOTIONS
1. Award Bid #2009-18 – Trash, Recycling and Yard Waste Collection and Disposal
- Mr. Eisenberg explained that there was an issue with how the specs requested a quote for a vendor to perform
all three services, so Staff recommended an award of all three services to one vendor. Mr. Eisenberg confirmed
with Mr. Horrocks that JP Mascaro & Sons was the lowest bidder for completing all three services.
- Supervisor Wall commended JP Mascaro & Sons for their work in the Township.
- Supervisor Brooke requested a quote about cost per household with current contract and the contract that was
just awarded. Mr. Horrocks stated that the current fee is $277.00, and the new fee might be $289.66.
- Supervisor Richards supported the decision, stating that it was the best deal for the Township.
- Mr. Horrocks stated that there will be no changes to the schedule.
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors awarded
Bid #2009-18 to JP Mascaro & Sons for three years (2010, 2011, 2012) in the following manner, Part #1 at $86.79
per unit per year, Part #2 at $12,855.00 total per year, Part #4 at $104.73 per unit per year, and Part #7 at $39.67
per unit per year.
2. Authorization to Advertise an Ordinance Amending Zoning Provisions Regarding Billboards
- Mr. Eisenberg explained that his office had concerns that if challenged, based on current Township codes, the
zoning code may be overturned. He suggested the following changes to make it compliant with State Law: a
sign can be a maximum of 672 feet; signs are allowed on Turnpike only at 40 feet high; and signs are 1000 feet from
any other signs. He reviewed the procedures and timeframes for actual adoption of the ordinance with the Board
of Supervisors.
- On a Motion by Supervisor Brooke, seconded by Supervisor Wall (Vote 5-0,) the Board of Supervisors authorized
advertisement of an ordinance amending zoning provisions regulating billboards.
3. Authorization to Advertise New Rental Property Ordinance
- Mr. Eisenberg stated that this Ordinance was advertised, and there was some concern over how it was written,
regarding liability of the upkeep of the property. He stated that Staff concluded that on the paperwork, there
will be a part for owners to fill out, regarding responsible party for upkeep of the property. He added that
there will be an Appeals Board, which will consist of the Township Manager, the Code Director, and the Fire Marshal.
- Supervisor Erlbaum thanked the Solicitor and Township Staff for their hard work on this project.
- Jim Philips (North Wales Road) requested a copy of the Ordinance to review. He inquired about fees and
the reason for the new ordinance. Mr. van de Velde explained that the main reason for the new ordinance is
concern for housing stock in the community and the maintenance of rental properties. He added that the fees
will be decided annually.
- Mr. Eisenberg explained that the Township cannot generate any money from this Ordinance, and it has to be a
revenue neutral project.
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors approved
to have a proposed Rental Property Licensing and Inspection Program Ordinance advertised for public consideration by
the Board of Supervisors.
4. Approval of Contract for New Finance Department and Building Permit Software
- Mr. van de Velde explained that there has been a need for replacing the Finance and Building Permit
Software. He stated that Staff worked with the Government Officer’s Finance Association Consulting Group for
this project.
- Mr. Mullin explained that the contract is for the financing software with an option to purchase the building
permit software, with a price that will be good for six months.
- Supervisor Richards expressed support for synchronizing departments.
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors
authorized the Township Manager to enter into a contract with Tyler Technologies for new financing and building
permit software for a contract cost not to exceed $375,000.
5. Approval of Contract to Provide Information Technology Support
- Mr. van de Velde stated that there is no technology staff at the Township. He stated that
Staff believes a consulting firm would best fit the Township’s needs. He added that DVIT (Delaware Valley
Insurance Trust) has started providing some management consulting in this area.
- Supervisor Brooke inquired about the first year budget line number for this project. Mr. van de Velde
explained that $20,000 is in that budget line, but Staff will come to the Board of Supervisors with any changes.
- On a Motion by Supervisor Richards, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors
authorized the Township Manager to enter into a contract with Delaware Valley Municipal Management Association to
provide information technology assistance to the Township Staff.
6. Approval of Lease Renewal for the Whitemarsh Art Center
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors
authorized the Township Manager to enter into the new 5 year lease with the Whitemarsh Art Center in accordance with
the terms of the draft lease submitted for Board of Supervisors’ consideration at this meeting.
7. Approval of October Expenditures and Payroll
- Supervisor Erlbaum stated the Report of the Pension Expenditures is $19,999.53.
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors approved
the October, 2009 Expenditures and Payroll, with Total Expenditures in the amount of $1,664,969.39, and Total Payroll
in the amount of $820,213,76.
AMEND AGENDA
On a Motion by Supervisor Hart, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors amended the
agenda to add two more motions and two more discussion items.
MOTIONS
8. Farmhouse Sale – Sheep Tract
- Mr. van de Velde explained that there is a farmhouse on the Sheep Tract owned by the Foundation, which the
McClausand’s son has requested to purchase to renovate into a single family dwelling for himself.
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors
authorized the Township Manager, the Township’s authorized Review Committee representative, to sign the Consent
Agreement concurring in the Whitemarsh Foundation transferring two acres and a farmhouse to the McCausland’s for
renovation and use as a private residence.
9. Sewer System Backup – Restoration Payment
- Mr. van de Velde explained that when a sewer backs up, DVIT covers the corrective action. He stated that
this particular event was flood related, and both residents’ insurance companies are refusing to pay for the cleanup,
because the Township called out Mark One (as they would do for a sewer backup,) so Mr. van de Velde feels that the
Township is liable to cover the costs.
- Richard Cutler (Stenton Avenue) suggested that the Township request indemnification from both residents of any
further action on the Township’s part. Mr. van de Velde stated that he will look into that suggestion.
- On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 5-0,) the Board of Supervisors authorized
the Township Manager to coordinate with the Whitemarsh Authority the payment of $13,188 to Mark One for the sewer
backup cleanup work done at 830 and 827 Hain Drive in August, 2009.
BOARD PUBLIC DISCUSSION ITEMS
4. Volunteers for the Committee for the Fort Washington Office Park Joint Planning Initiative
- Mr. van de Velde requested volunteers for the Committee for the Fort Washington Office Park
Joint Planning Initiative.
- Supervisors Richards and Brooke volunteered for the Committee.
5. Confirmation of Payment for F.X. Brown’s McCarthy Park Study
- Mr. van de Velde notified the Board of Supervisors that this study was done with the understanding that it
would cost less than $10,000.
PUBLIC COMMENTS
- JP Mascaro, III thanked the Board of Supervisors for the contract award for Trash, Recycling and
Yard Waste Collection.
BOARD OF SUPERVISORS COMMENTS
- Supervisor Richards confirmed with Staff that they are handling a letter from a resident on
Sheaff Lane, regarding the issuance of a grading permit. Mr. Horrocks stated he was taking care of
the situation.
EXECUTIVE SESSION
Chair Erlbaum announced that an Executive Session was held prior to the Public meeting, and there will be one
following the Public meeting to discuss litigation matters.
ADJOURNMENT
On a Motion by Supervisor Brooke, the meeting was adjourned at 9:25 PM.
Respectfully Submitted,
Bruce G. Horrocks
Assistant Township Manager
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