Board of Supervisors
Thursday, January 14 2010
WHITEMARSH TOWNSHIP
BOARD OF SUPERVISORS
PUBLIC MEETING MINUTES
January 14, 2010
A Regular Monthly Meeting of the Whitemarsh Township Board of Supervisors was held on Thursday, January 14, 2010, at
7:00 PM in the Whitemarsh Township Building, 616 Germantown Pike, Lafayette Hill, Pennsylvania.
Supervisors Present: Robert R. Hart, Chair; Leslie S. Richards, Vice-Chair; Sara J. Erlbaum; David E. Brooke;
Melissa S. Sterling
Also Present: Bruce G. Horrocks, Acting Township Manager; Sean P. Kilkenny, Esquire, Township Solicitor; James
C. Sullivan, PE, Township Engineer; Krista Heinrich, PE, Township Engineer
Meeting was called to order by Chair Hart.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE FOR ARMED FORCES
BOARD PUBLIC DISCUSSION ITEM
1. Consider Resolution – SLD 05-00 Creekside Commons Amended Land Development
- Supervisor Hart provided background of the litigation. He announced that no action will be taken this
evening, so the land development request can be presented to the Planning Commission on January 26, 2010 at 7:30 PM
at the Plymouth-Whitemarsh High School. He added that the Board of Supervisors will take action at the Board of
Supervisors Meeting on January 28, 2010 at 7:00 PM at the Colonial Elementary School. Supervisor Hart
stated that the Board of Supervisors must follow the ruling of the Court of Common Pleas or its members will be held
in contempt of court.
- Mr. Kilkenny provided a summary leading up to the Board of Supervisors’ consideration of granting Conditional
Preliminary Plan approval for the revised plan submitted by Highway Materials, Inc. for Corson Quarry Hole #1.
He explained that the discretion of the Township and the Planning Commission is limited, and he explained that the
Montgomery County Court of Common Pleas ordered the provisional land use appeal be considered using the standards in
place in 2001.
- Mr. Horrocks provided information regarding the land development process, as related to this plan.
- James Garrity, representing Highway Materials, Inc., provided background to the litigation and described the
proposed plans of 6 office buildings and 2,000 parking spaces on the 54-acre tract.
- Marc Kaplin, representing Donald and Trina Cohan, requested to cross-examine witnesses, which he claimed is
his right under the Local Agency Law. Mr. Kilkenny stated that he does not have the same interpretation of that
law, and he asked Mr. Kaplin to cite the area of Local Agency Law to which he was referring.
- Mr. Kaplin claimed that the recent lawsuit against the members of the Board of Supervisors is being used to
intimidate them into approving the plans. He suggested that Supervisors Hart, Richards, Brooke, and Erlbaum
recuse themselves from the proceeding. Mr. Kaplin requested that the Board of Supervisors judges this
litigation with an unbiased opinion. He claimed that a major zoning violation is present in the revised plans,
in regards to a retention basin.
- Charles Weidmann (Powder Horn Road) inquired about the nature of the latest lawsuit. Mr. Kilkenny
provided background to the litigation.
- Anthony Hibbleln (Whitemarsh Township Residents Association) requested a more thorough review of the plan
(especially regarding the floodplain.)
- Joel Jaspan (Hawthorne Circle) expressed concern about the impact of traffic, water run-off, and Emergency
Vehicles getting through more traffic.
- Kevin Ryder (1st Avenue) requested that the PennDOT Impact Analysis includes routes for the south end of the
Township.
- Paul Donahue (Cannon Hill Road) requested that the traffic study includes Stenton Avenue being closed.
- Dr. Veronica Gabrielle (West Valley Green Road) stated that there is a real risk involving traffic.
- Alan Sharavsky (Dana Lane) encouraged the Board of Supervisors to defend the Township, instead of worrying
about the latest lawsuit.
- Harriett Campbell (West Valley Green Road) stated that the Township does not need another flood problem.
- Christina Talucci (Arlingham Road) inquired about additional tax revenue and who would be paying for the
infrastructure of the roads and sewer. Mr. Horrocks stated that the developer will be responsible for
infrastructure improvements, and Staff could provide tax revenue projections for the Board if so directed.
- Jim Lombard (Cricket Road) encouraged Mr. DePaul to consider an alternate location.
- Bob Bisbing (South Warner Road) stated that this plan does not fit with the open space outlook of the Township
and takes away the pleasure of living in the Township.
- Carol Sheppard (Red Coat Road) encouraged the Board of Supervisors to stand up for what it believes in, since
additional taxes were voted to reserve green space.
- Joe Corcoran (Militia Hill Road) stated that since the Solicitor has also been sued that he should also recues
himself. Mr. Kilkenny stated that the Township has appointed Special Council for this litigation.
- Mr. Corcoran requested that the Board of Supervisors adopts the Township’s point of view. He requested
that the Board of Supervisors has the silencing order lifted from the negotiations between Mr. DePaul and two prior
Boards of Supervisors, regarding this issue. He suggested that the Township conduct its own Traffic Study.
- Rob Henry (Cannon Hill Road) asked if the Board of Supervisors is aware of any plans submitted for the other
quarries. Mr. Horrocks stated that in 2001, land development plans were submitted for all three quarry
holes. He stated that this application only regards Hole 1.
- Deidra Lyngard (East Valley Green Road) requested that the Township turn against development in the Township.
- Andrea McVeigh (Cannon Hill Road) encouraged the Board of Supervisors to find arguments to support residents.
- Bruce Marshall (Militia Hill Road) requested more information regarding the limited options. Mr.
Kilkenny explained that the Board of Supervisors is being forced to use the standards in place in 2001.
- Mr. Marshall inquired about the process prior to the issue being reviewed by the Planning Commission.
Supervisor Hart assured the residents that their comments will be considered by the Board of Supervisors, reviewed by
Staff, evaluated by Staff and Council, so the Board of Supervisors can make the best decision possible.
- Mr. Kaplin requested that the Board of Supervisors holds a public hearing, so there can be due process.
- Mr. Garrity encouraged the Board of Supervisors to review all public comments.
- Matt Schwartz (Box Elder Lane) inquired about whether or not the plans meet the standards in place and can be
approved as submitted. Mr. Kilkenny stated that according to the Court of Common Pleas, when HMI, Inc.
submitted their application, the Township did not give them proper due process in reviewing their plan under the
Ordinances in place at the time, and the current Board of Supervisors must offer them due process.
- Mr. Schwartz suggested utilizing an unbiased third party expert in law to help the Board of Supervisors render
a decision. He requested that the Board of Supervisors finds a legal way of supporting the wishes of the
residents.
- Dennis DeFelice (West Valley Green Road) stated that the plan does not fit in with the mode of the
Township.
- Dan Forjon (Cannon Hill Road) inquired about whether or not the plans proposed in 2001 are the same ones being
considered currently. Mr. Kilkenny stated that it is essentially the same plan as in 2001.
- Allison Greenwood (Stenton Avenue) requested that the standards of 2008 are used instead of the ones in
2001. Mr. Kilkenny stated that the Court specifically ruled that the Board of Supervisors must use the
standards from 2001.
- Rod Barchy (Red Coat Road) requested the Board of Supervisors members develop a strong will, as stewards of
the Township.
- Supervisor Erlbaum said the Board of Supervisors members are also Township residents who care just as much
about what gets developed in the Township, but if the Board does not follow the ruling of the Court, its members will
be held in contempt of court, regardless of other current litigation.
- Supervisor Brooke explained that the original plan had deficiencies, and Mr. DePaul claims that he did not
have enough time to make the plan approvable. He stated that there was a direct order to the Township to give
Mr. DePaul an opportunity to make the plan approvable, and the Board of Supervisors has an obligation to uphold the
law. He added that the Board is remaining neutral and open-minded, so its members can make an informed and
legal decision.
- John Armbruster (Cannon Hill Road) inquired about any unresolved zoning defects in the original plan and about
the process to resolve a zoning defect. Mr. Kilkenny explained that when the plan is submitted, it is reviewed
by the Zoning Officer according to state law in order to determine if the plan needs any zoning relief, in which case
it would go before the Zoning Hearing Board. Mr. Kaplin claimed that Ross Weiss stated that the detention basin
needed to go before the Zoning Hearing Board, and this issue has never been resolved.
- Supervisor Hart explained that there are many questions that the Board of Supervisors would like answered
before a decision is made.
- Hugh Roberts (Cannon Hill Road) asked Mr. Garrity if Mr. DePaul has had enough time to make the plans
approvable. Mr. Kaplin advised Mr. Roberts not to ask that question.
- Mr. Lombard requested that the Board of Supervisors keeps the public informed, regarding this issue.
- Mr. Corcoran explained the plans for the other two holes. He stated that there are two more plans to be
considered under the 10-year time waiver, that Mr. DePaul can file at his leisure. He suggested that the Board
of Supervisors forces Mr. DePaul to present those plans. He also suggested obtaining a good land use lawyer and
reach out to the other people involved in order to get all of the information needed to make a good decision.
RECESS
On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum, the Board of Supervisors held a 10-minute
recess.
APPROVAL OF MINUTES
1. November 19, 2009
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors
approved the minutes for the November 19, 2009 Board of Supervisors Meeting, with changes.
2. December 10, 2009
- On a Motion by Supervisor Sterling, seconded by Supervisor Erlbaum (Vote 5-0,) the Board of Supervisors
approved the minutes for the December 10, 2009 Board of Supervisors Meeting, with changes.
3. December 17, 2009
- On a Motion by Supervisor Richards, seconded by Supervisor Brooke (Vote 5-0,) the Board of
Supervisors approved the minutes for the December 17, 2009 Board of Supervisors Meeting, with changes.
ORDINANCE
1. Ordinance #888 – Authorizing Transfer of Pension Funds and Repealing Ordinance Number 398
- Mr. Kilkenny explained that in order to transfer the money of the Supplemental Police Pension Fund to the
Whitemarsh Police Benevolent Association, Inc. and the Township desired to receive permission from the Montgomery
County Court of Common Pleas.
- Supervisor Erlbaum provided background for the Ordinance and acknowledged Lieutenant Mike Beaty, Sergeant Greg
Keenan, Sergeant Fran Wheatley, Sergeant Brian Mack, Officer Mark Williams, Township Resident Larry Carroll, and
Attorney Sean Cullen for their efforts on this action.
- On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 5-0,) the Board of Supervisors adopted
Ordinance #888, which transfers control of the Supplemental Police Pension Fund to the Whitemarsh Township Police
Officers Benevolent Association, Inc. and repeals Ordinance #398 and Article IV, Supplemental Police Pension Fund, in
Chapter 24, Pension Funds, of the Code of the Township of Whitemarsh.
PUBLIC HEARING
Proposed Ordinance #2009-09 Off Site Outdoor Advertising Sign Amendment
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Brooke (Vote 5-0,) the Board of Supervisors opened a
Public Hearing to consider Proposed Ordinance #2009-09 Off Site Outdoor Advertising Sign Amendment.
- A court reporter was present, and the notes of testimony are incorporated herein.
- The following individuals provided information/testimony/comments/questions at the Public Hearing:
Sean Kilkenny, Township Solicitor
Bruce Horrocks, Acting Township Manager
Supervisor Brooke
Supervisor Richards
Supervisor Erlbaum
Supervisor Hart
Christina Talucci (Arlingham Court)
- On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 5-0,) the Board of Supervisors closed
the Public Hearing.
ORDINANCE
2. Ordinance #889 – Proposed Ordinance #2009-09 Off-Site Outdoor Advertising Sign Amendment
- Supervisors Richards explained that the Board of Supervisors is adopting this Ordinance based upon advice of
legal council regarding more defensible zoning provisions.
- Supervisor Hart added that this Ordinance is proactive instead of reactive.
- On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 5-0,) the Board of Supervisors adopted
Ordinance #889, which amended certain zoning provisions regulating off site outdoor advertising signs.
RESOLUTIONS
1. Resolution #2010-08 – Amending 2010 Fee Schedule
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors
adopted Resolution #2010-08, which amended the fee for canvassing, peddling, soliciting as adopted by Resolution
#2009-59.
MOTIONS
1. Authorize Solicitor to Prepare Independent Contractor’s Agreement
- Mr. Horrocks explained that there is no current agreement with the director of the TV channel.
- Supervisor Brooke inquired how the Township would select a contractor for this position, in order to make sure
that this situation was treated the same way as past similar circumstances. Mr. Horrocks stated that it depends
on whether or not the Solicitor believes that it is a Professional Service. Mr. Kilkenny explained that an
agreement over $10,000 must be bid, unless it is a Professional Service.
- Dr. Cutler (Stenton Avenue) inquired whether or not the tax basis would fit under an independent contractor or
an employee of the Township. Mr. Kilkenny stated that he would be an independent contractor, so the Township
would not be responsible for benefits and insurance.
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Richards (Vote 5-0,) the Board of Supervisors
authorized the Solicitor to prepare an Independent Contractors Agreement for Director of Operations of the
Governmental Access Channel.
2. Authorize Advertisement of Code Section 95-19 Amendment - TABLED
- Mr. Kilkenny explained that the Township Authority would like to issue its own bills, but more time is
required to complete this amendment.
- On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 5-0,) the Board of Supervisors TABLED
this motion, which would have authorized advertisement of Code Section 95-19 Amendment.
3. Authorize Purchase of Four Alarm Data Interface Units
- Mr. Horrocks stated that units would go to the Fire Marshal and each of three fire companies, but this
purchase was not in the 2009 or 2010 Budget.
- Supervisor Erlbaum stated that in a memo given to Mr. Horrocks from the Fire Marshall was worded
incorrectly. She explained that she was simply inquiring about whether or not the Township knew the kind of
equipment the fire companies were looking into and vice versa.
- Supervisor Brooke explained that this software will enable linking Fire House software with Montgomery County
Emergency Services and will eliminate repetitive documentation of information.
- On a Motion by Supervisor Sterling, seconded by Supervisor Brooke (Vote 5-0,) the Board of Supervisors
authorized the purchase of four alarm data interface units, totaling $2,885.00.
4. Establish February 25, 2010 Public Hearing for Village Commercial Districts
- On a Motion by Supervisor Richards, seconded by Supervisor Brooke (Vote 5-0,) the Board of Supervisors
approved the change of a public hearing date for Village Commercial Re-zoning Districts from February 11, 2010 to
February 25, 2010.
PUBLIC COMMENTS
- Bob Sague (Kottler Drive) requested that the Township Staff look into road hazards on Harts Lane. He
stated that buses cannot pass safely around the trees too close to the road. Supervisor Hart stated that Staff
will look into it. Supervisor Brooke requested that Mr. Sague make a list of locations of concern.
BOARD OF SUPERVISORS COMMENTS
- There was no Board of Supervisors Comments.
EXECUTIVE SESSION
Chair Hart announced that Executive Sessions were held on January 4th to discuss personnel matters, January 13th to
discuss litigation matters, and prior to the Public Meeting to discuss litigation matters.
ADJOURNMENT
On a Motion by Supervisor Brooke, seconded by Supervisor Richards, the meeting was adjourned at 9:50 PM.
Respectfully Submitted,
Bruce Horrocks
Assistant Township Manager
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