Board of Supervisors
Thursday, January 28 2010
WHITEMARSH TOWNSHIP
BOARD OF SUPERVISORS
PUBLIC MEETING MINUTES
January 28, 2010
A Regular Monthly Meeting of the Whitemarsh Township Board of Supervisors was held on Thursday, January 28, 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
Supervisor Absent: Melissa S. Sterling
Also Present: Bruce G. Horrocks, Acting Township Manager; Sean P. Kilkenny, Esquire, Township Solicitor; James
C. Sullivan, PE, Township Engineer
Meeting was called to order by Chair Hart.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE FOR ARMED FORCES
ANNOUNCEMENTS
1. There will be a Public Hearing regarding the Creekside Commons Land Development Litigation on February 11,
2010 and a Special Meeting on February 18, 2010 at the Colonial Elementary School Auditorium located at 230 Flourtown
Road, Plymouth Meeting.
2. The William Jeanes Memorial Library has relocated to the Koontz Park White Building. There will be an
Open House on January 31, 2010 from 1:00PM to 4:00PM. The Board of Supervisors acknowledged the efforts of the
Public Works and Parks and Recreation Departments for their work on this project.
3. Police Chief Eileen Behr received the Louis D. Stephan Award from the Montgomery County Bar Association for
her work with Mission Kids.
APPROVAL OF MINUTES
January 4, 2010
- On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 4-0,) the Board of Supervisors approved
the Meeting Minutes from the January 4, 2010 Board of Supervisors Annual Organizational Meeting, with changes.
BOARD PUBLIC DISCUSSION ITEM
1. Library Board and Environmental Advisory Board Candidates
- Howard Salasin presented his request for candidacy as a member of the Environmental Advisory Board.
- Joel Sloane presented his request for candidacy as a member of the Library Board.
AMEND AGENDA
- On a Motion by Supervisor Richards, seconded by Supervisor Erlbaum (Vote 4-0,) the Board of Supervisors
amended the agenda to appoint one candidate each to the Environmental Advisory Board and the Library Board.
MOTION
1. Library Board and Environmental Advisory Board Appointments
- The Board of Supervisors acknowledged each candidate as great additions to their respective boards.
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 4-0,) the Board of Supervisors
appointed Howard Salasin to the Environmental Advisory Board (3 years, 12/31/2012) and Joel Sloan to the Library
Board (2 years, 12/31/2011).
BOARD PUBLIC DISCUSSION ITEMS
2. Colonial School Board Liaison Report
- Kathleen Oxberry, a member of the Colonial School Board, explained that the School Board is working with the
Township Board of Supervisors to obtain final approval for the Victory Field’s lighting project. She explained
that there will be a projected 7% tax increase in the 2010 and 2011 Budgets.
- Supervisor Richards thanked Ms. Oxberry for acting as a liaison for the Board of Supervisors and the School
Board.
3. ZHB #2009-32 Skippack Corner Associates, LP, Skippack and Butler Pikes
- Mark Jonas from Eastburn and Gray, P.C., applicant’s counsel, requested a continuance on the scheduled
February 3, 2010 Public Hearing for the Zoning Hearing Board, in order to review the plans with Whitpain
Township. He explained that a CVS Pharmacy and parking lot will be added to the property. He stated that
the ultimate goal is to complete discussions with neighbors and sign a Declaration of Covetous that would be recorded
with the Recorder of Deeds.
- Joe Dellicarpini, from Bohler Engineering, provided more details regarding the plan for the property.
- Supervisor Richards inquired about the entrance on Skippack Pike. Mr. Dellicarpini stated that they are
seeking temporary fire access in the current location of the existing driveway on Skippack Pike.
- Supervisor Erlbaum inquired about traffic studies completed for this project. John Wischner, applicant’s
traffic engineer, explained that there are right-of-way constraints that prevent major improvements to the
intersection. He recommended that the applicant provide a separate right-turn lane from westbound Skippack Pike
onto northbound Butler Pike, apply more “green” time to Butler Pike, and provide additional right-of-way dedication
on Butler Pike.
- Mr. Jonas requested that the Board of Supervisors either support the application or remain neutral.
- Judge Thomas DelRicci stated that he does not represent anyone in this situation.
- Supervisor Richards encouraged the applicant to think creatively regarding stormwater improvements to the
property. Mr. Jonas stated that he will look into stormwater improvements.
- Supervisor Brooke requested that the applicant look into bus shelters that may be added, if there are stops on
the property. Mr. Jonas stated that he will look into it.
- Supervisor Hart explained that the Board of Supervisors remains neutral in these situations.
4. PECO Trail Planning, Design & Bid Document Proposals
- Doug Knauss, Parks and Recreation Director, explained that quotes for the development of a master
plan for the PECO trail were received in October, and Campbell & Thomas is being recommended to perform the
design. He stated that Campbell & Thomas was not the lowest bidder, but it is more nature-based
and has more experience and sensitivity to the environment.
- Supervisor Erlbaum inquired about Campbell & Thomas not being the lowest bidder. Mr. Kilkenny stated
that based on the recommendation, all options were fairly evaluated.
- Mr. Knauss stated that he will be meeting with the Planning Commission, because a storage unit proposal was
turned down by the Township, and PECO has stated that they will not grant the Township an actual licensing agreement
until that issue is resolved.
- Supervisor Brooke requested more information regarding the storage unit. Mr. Horrocks stated that he
will gather information for the Board of Supervisors.
PUBLIC HEARING
- On a Motion by Supervisor Richards, seconded by Supervisor Brooke (Vote 4-0,) Chair Hart opened a public
meeting to consider Zoning Provisions regulating Solar Energy Systems, amending Parking Space size, amending certain
Off-Street Parking Standards, and amending certain Village Commercial Zoning Provisions.
- 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 P. Kilkenny, Esquire – Township Solicitor
· Bruce Horrocks, Acting Township Manager
· Supervisor Brooke
· Supervisor Richards
· Supervisor Erlbaum
· Dr. Richard Cutler (Stenton Avenue)
· Ellen Lee (W. Butler Pike)
· Robert Franz (Wildflower Drive)
· Supervisor Hart
· James C. Sullivan, P.E. – Township Engineer
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Richards (Vote 4-0,) Chair Hart closed the Public
Hearing.
ORDINANCES
1. Ordinance #890 – Zoning Provisions Regulating Solar Energy Systems
- Supervisor Richards praised the Planning Commission for being proactive in drafting this Ordinance.
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Hart (Vote 4-0,) the Board of Supervisors adopted
Ordinance #890, which establishes zoning provisions regulating solar energy systems.
2. Ordinance #891 – Amending Parking Space Size
- On a Motion by Supervisor Hart, seconded by Supervisor Erlbaum (Vote 4-0,) the Board of
Supervisors adopted Ordinance #891, which amends parking space size from 10’x20’ to 9’x18’.
3. Ordinance #892 – Amending Certain Off-Street Parking Standards
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Richards (Vote 4-0,) the Board of Supervisors
adopted Ordinance #892, which amends certain parking standards.
4. Ordinance #893 – Amending Certain Village Commercial Zoning Provisions
- On a Motion by Supervisor Hart, seconded by Supervisor Erlbaum (Vote 4-0,) the Board of Supervisors adopted
Ordinance #893, which amends certain Village Commercial Zoning Provisions.
RESOLUTIONS
- There were no Resolutions.
MOTIONS
2. Authorize Execution of 2010 CMX Engineering Services Agreement
- Mr. Horrocks explained that this is an annual document for services provided to the Township.
- Supervisor Brooke inquired about the differences from past agreements. Jim Sullivan explained that this
agreement removed an allowance for preparation of proposals and added a stormwater management element.
- On a Motion by Supervisor Richards, seconded by Supervisor Erlbaum (Vote 4-0,) the Board of Supervisors
authorized the Chair’s execution of the 2010 CMX Engineering Services Agreement.
3. Approve CMX Construction Management – Barren Hill Road Project
- Mr. Horrocks explained that the project has been awarded and will soon be under construction, and the Township
needs a construction management service.
- Supervisor Brooke inquired about whether or not the total amount for these services was a re-affirmation of a
previous approval. Mr. Sullivan explained that the original proposal from 2006 included construction
management, but that task was not authorized by the Board of Supervisors. The total amount is the same amount
in the original proposal.
- Supervisor Richards added that a project of this scope needs a separate construction manager.
- On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 4-0,) the Board of Supervisors approved
CMX performing construction administration and observation services totaling $40,700.00 for the Barren Hill Road
stormwater project.
4. Approve CMX Construction Management – Whitemarsh Valley Stormwater Farms Project
- Supervisor Erlbaum clarified that this was for the Whitemarsh Woods Basins.
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Brooke (Vote 4-0,) the Board of Supervisors approved
CMX performing construction administration and observation services totaling $37,500.00 for the Whitemarsh Valley
Farms stormwater project.
5. Authorize Execution of PA DEP $30,000 Grant Agreement
- Supervisor Erlbaum explained that she was grateful to all political entities involved in the meeting following
the major flooding last year, because the Township benefited. She acknowledged Bill Kcenich from DEP for his
efforts.
- Supervisor Hart praised Supervisor Erlbaum for her persistence on this issue.
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Richards (Vote 4-0,) the Board of Supervisors
authorized the Chair’s execution of a $30,000.00 grant agreement with PA DEP for the Barren Hill Road stormwater
project.
6. Authorize Execution of Bellevue Communications Group Agreement
- Mr. Kilkenny explained the agreement is for public relation service specialists to assist with the Creekside
Commons Land Development, and does not have to go to bid since it is a professional service.
- Supervisor Brooke stated that he was not aware of this action item. He inquired about the specific
services that will be provided, since he needs convincing before agreeing to spend $20,000 for public relations.
- Mr. Kilkenny explained that there was a meeting involving Supervisor Hart, Supervisor Richards, Mr. Horrocks,
and himself with the representative of Bellevue Communications Group to develop a communications plan for the
Creekside Commons issue. He and Supervisor Hart provided more details regarding the services that would be
provided. Mr. Kilkenny stated that there was an email sent out with more details.
- Supervisor Richards explained that after the January 14, 2010 Board of Supervisors Meeting, there was a lot of
miscommunication about the litigation. She stated that this was a way for township residents to get hard facts
and understand sensitive deadlines.
- Supervisor Richards described her experience with Bellevue Communications Group. She also clarified that
the agreement would only be for three months.
- Supervisor Erlbaum explained that it was important to communicate effectively so residents know what is going
on.
- Supervisor Brooke stated that the issue is not very complex, and he clarified the issues at the January 14,
2010 Board of Supervisors meeting.
- Supervisor Erlbaum explained that another reason for the services was so that residents did not have to attend
meetings.
- Dr. Richard Cutler (Stenton Avenue) explained that there was a study done about how to improve communication
between the Board of Supervisors and Township residents. He suggested using that study to better communicate
with residents instead of spending money on this service. He added that the Board of Supervisors has already
communicated effectively with residents.
- Pat Thomas (Westaway Drive) suggested making sure that all Supervisors are aware of all actions.
Supervisor Hart explained that he brought the topic up with Supervisor Brooke, and there have been several emails
sent to the Board members regarding this issue. Supervisor Brooke stated that he was under the impression that
the Township was consulting with Bellevue Communications Group to get guidance in order to increase communications
with residents, but he did not know that the Township was going to enter into a contract with them for their
services. Mr. Horrocks stated that a meeting cannot have more than two supervisors in attendance without it
being a public meeting.
- Mr. Franz (Wildflower Drive) inquired about this issue being an open-ended cost. Mr. Kilkenny stated
that any extra costs must be approved by the Board of Supervisors.
- Supervisor Richards stated that there is a need for more communications based on phone calls she has received
from residents and questions that have been asked of her. She added that she will do her best to keep the Board
of Supervisors unfragmented.
- Supervisor Brooke expressed concern about the notification to the Board of Supervisors for expenses exceeding
$500 (Item #4,) since it means that there is an open-ended allowance for expenses under $500.
- Supervisor Brooke stated that the agreement with Bellevue Communications Group is lacking specificity,
regarding the scope of the work to be done. He added that he does agree that the Board of Supervisors needs to
communicate effectively with the public, but not by spending this much money on Public Relations.
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Brooke (Vote 4-0,) the Board of Supervisors TABLED
the motion, which would have authorized the execution of an agreement dated January 19, 2010 with Bellevue
Communications Group for certain professional services totaling $5,000 per month until April 16, 2010.
- On a Motion by Supervisor Hart, seconded by Supervisor Erlbaum (Vote 4-0,) the Board of Supervisors motioned
to engage Bellevue Communications Group from January 19, 2010 to February 19, 2010 for professional services to
Whitemarsh Township for $5,000.
7. Approve Manager Search Firm
- Mr. Kilkenny explained that there were three search firms interviewed by the Board of Supervisors at the last
Board of Supervisors meeting.
- The Board of Supervisors discussed their opinions about each search firm.
- On a Motion by Supervisor Richards, seconded by Supervisor Erlbaum (Vote 4-0,) the Board of Supervisors
approved Local Government Management Services Group, LLC as a search firm for the open Township Manager position.
8. Authorize Advertisement for Police Officer Applications
- Chief Eileen Behr explained that this request is to advertise for testing, since it takes several months to
produce a list. She added that there is no current list, and a list is needed to replace the two full-time
police officers that left this past year.
- On a Motion by Supervisor Erlbaum, seconded by Supervisor Brooke (Vote 4-0,) the Board of Supervisors
authorized the advertisement for Police Officer Applications.
Supervisor Erlbaum exited at 8:57 PM.
9. Authorize Advertisement of Amendment Establishing Semiannual Sewer Billing
- Mr. Kilkenny explained that this requires an amendment, because the power to tax rests with the Township.
- Supervisor Brooke inquired about the time remaining on the management agreement between the Township and the
Authority. Mr. Kilkenny stated that he will look into the matter.
- Supervisor Richards explained that the intention to draw up an agreement was to make the Authority autonomous
eventually. She stated that the Authority would like to take over billing and collection of the respective
revenues.
- Supervisor Brooke inquired about the intention to raise rates. Mr. Kilkenny explained that the Authority
would need to approve the raising of fees by public vote, and the Township does not have the authority to do that at
this time because it crosses municipal boundaries.
- On a Motion by Supervisor Richards, seconded by Supervisor Brooke (Vote 3-0) the Board of Supervisors
authorized the advertisement of an amendment to Chapter 95, Sewers, of the Code of the Township of Whitemarsh
providing for semiannual residential billing by the Whitemarsh Authority.
10. Authorize Direction of Parks and Recreation Building Space for 2010 Census
- Mr. Horrocks explained that this would be for 100 square-feet during a 5-week period.
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 3-0,) the Board of Supervisors
authorized donation of the Parks and Recreation Building space for the 2010 Census.
11. Approve December Expenditures and Payroll
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 3-0,) the Board of Supervisors
approved total December Expenditures in the amount of $1,705,901.94 and total December Payroll in the amount of
$577,140.17.
AMEND AGENDA
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 3-0,) the Board of Supervisors amended
the agenda to add a Motion.
MOTION
12. SLD #07-06 Watson Minor Subdivision
- Mr. Horrocks explained that there is a lot line change in Springfield Township, which impedes on Whitemarsh
Township at Grove Avenue and Mill Road.
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 3-0,) the Board of Supervisor
authorized the execution of mylars for George Watson.
AMEND AGENDA
- On a Motion by Supervisor Brooke, seconded by Supervisor Richards (Vote 3-0,) the Board of Supervisors amended
the agenda to add a Board Public Discussion Item.
BOARD PUBLIC DISCUSSION ITEM
5. Selection of a Public Hearing Officer for Creekside Commons Litigation
- Mr. Kilkenny explained that he recommends a separate Public Hearing officer not named in the 2nd lawsuit for
the Creekside Commons Public Hearing on February 11, 2010. He stated that he contacted 7 law firms, and there
are three that are not conflicted.
- The Honorable Mary Colins (retired,) William Bolla of McNamara, Bolla, Williams, & Panzer, and Jordan
Yeager of Curtin & Heefner, LLP each provided his or her background and experience.
- The Board of Supervisors will discuss each candidate at its next Executive Session and select the Public
Hearing Officer.
PUBLIC COMMENTS
- Robert Franz (Wildflower Drive) expressed concern about the collection of personal information
for the Rental Ordinance, and he stated that each member of the Board of Supervisors should make sure that the Police
Department uses tasers according to guidelines.
- Pat Thomas (Westaway Drive) inquired about the reason Mr. van de Velde was forced to leave his position as
Township Manager. Supervisor Richards explained that there is ongoing communication to handle regarding this
issue. She stated that it would be improper to speak about the details at this time.
BOARD OF SUPERVISORS COMMENTS
- Supervisor Richards explained that she and Supervisor Brooke attended a meeting regarding the sustainability
plan of the Fort Washington Office Park. She stated that Upper Dublin Township has obtained a $70,000 grant
from the Delaware Valley Regional Planning Commission, and Upper Dublin Township will be paying $20,000 for the
plan. She suggested that Whitemarsh Township contribute towards the $20,000. Supervisor Brooke provided
details regarding the involvement of Whitemarsh Township. Supervisor Brooke announced that Urban Partners was
the recommended firm for the project.
- Supervisor Brooke requested that amendments to Ordinances be highlighted as to help see the differences
between the existing language and the proposed change.
EXECUTIVE SESSION
Chair Hart announced that Executive Sessions were held on January 27th to discuss personnel matters, and prior to the
Public Meeting to discuss personnel and litigation matters.
ADJOURNMENT
On a Motion by Supervisor Brooke, seconded by Supervisor Richards, the meeting was adjourned at 9:52 PM.
Respectfully Submitted,
Bruce Horrocks
Acting Township Manager
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