WHITEMARSH TOWNSHIP BOARD OF SUPERVISORS PUBLIC MEETING MINUTES October 9, 2014

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1 WHITEMARSH TOWNSHIP BOARD OF SUPERVISORS PUBLIC MEETING MINUTES A Regular Monthly Meeting of the Whitemarsh Township Board of Supervisors was called to order on Thursday at 7:00PM in the Whitemarsh Township Building, 616 Germantown Pike Lafayette Hill, Pennsylvania. Supervisors Present: Sara J. Erlbaum, Chair; Robert R. Hart; Cathy Peduzzi; and James A. Totten Supervisors Absent: Amy Grossman, Vice-Chair Also present: Richard L. Mellor, Jr., Township Manager; Sean P. Kilkenny, Esquire, Township Solicitor; Charles L. Guttenplan, AICP and James C. Sullivan, P.E., Township Engineer. PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE IN HONOR OF ARMED FORCES SERVING HERE AND ABROAD ANNOUNCEMENTS Supervisor Peduzzi announced: For 2014, the fall leaf collection begins on Monday, October 20 and will continue until Monday, December 22. The Township Public Works Department will make every effort to collect from each street at least once per week. All leaves for last pick up must be piled out on the streets by 6:30 a.m. on Monday, December 22. Residents are asked to pile them on the curb and not to bag them. Montgomery County Roads and Bridges will be paving Ridge Pike between Joshua Rd and Tamara Ct on Tuesday, October 14, 2014 between 9 am - 3 pm. The Whitemarsh Township has a new website and requested residents to log on and check out the new site. She suggested residents go click on the Notify Me to sign up for emergency alerts and township news and updates. PUBLIC HEARINGS 1. Public Hearing for Conditional Use # E. Germantown Pike/Weichert Realtors - Install Monument Sign On a motion by Supervisor Peduzzi, second by Supervisor Hart (Vote -0) the Board of Supervisors opened a public hearing to consider Conditional Use #03-14, 41 E. Germantown Pike/Weichert Realtors, and Install Monument Sign. A court reporter was present, and the notes of testimony are available for review at the Township Building. The following individuals presented information/testimony/comments/questions at the Public Hearing: Sean P. Kilkenny, Solicitor Charles L. Guttenplan, AICP

2 2 Joseph Flanagan, Solicitor for applicant On a motion by Supervisor Peduzzi, second by Supervisor Hart (Vote 4-0) the Board of Supervisors closed the public hearing. Motions 1. Certificate of Appropriateness - 41 E. Germantown Pike/Weichert Realty New Sign Mr. Guttenplan explained the Historical Architectural Review Board (HARB) recommended approval of the sign. On a motion by Supervisor Hart, second by Supervisor Peduzzi (4-0) the Board of Supervisors approved the Certificate of Appropriateness for Weichert Realty to permit a monument sign in the ultimate right-of-way located at 41 E. Germantown Pike. 2. Conditional Use # E. Germantown Pike/Weichert Realtors - Install Monument Sign On a motion by Supervisor Peduzzi, seconded by Supervisor Hart (4-0) the Board of Supervisors approved the Conditional Use #03-14, 41 E. Germantown Pike/Weichert Realtors, Install Monument Sign APPROVAL OF MINUTES 1. September 11, 2014 On a motion by Supervisor Peduzzi, seconded by Supervisor Hart (Vote 5-0) the Board of Supervisors approved the September 11, 2014 meeting minutes, with corrections. BOARD PUBLIC DISCUSSION ITEMS 1. SLD #02-14; Holiday Inn/432 Pennsylvania Avenue Preliminary Plan Amy Farrell, attorney for the applicant explained 432 Pennsylvania Avenue is the Holiday Inn property; the proposal is to remove certain portions of the existing building, eliminate internal restaurants and banquet facilities, refurbish the building (including a reduction in the number of rooms), making it more up-scale business oriented and add a free-standing restaurant to the property. Mr. Guttenplan stated the Planning Commission has reviewed this and unanimously recommended preliminary plan approval for Phase 1 and approval of the requested waivers. He stated the applicant is working with the County to include a portion of the Cross County Trail that the County identified on the applicant's property. Mr. Sullivan stated he does not see any problems with the waivers being requested and stormwater is being worked on, but he doesn t foresee any problems. Supervisor Totten asked about the entrance and exits at the property. Ms. Farrell stated they will be remaining as they currently are.

3 3 Chair Erlbaum asked about sidewalks on the property. Ms. Farrell stated the applicant has no objection to sidewalks on their parcel. Supervisor Hart spoke about stormwater issues in the area and a discussion ensued. 2. Land Development Waiver - SLD #09-14; RAO Group, Inc./520 Pennsylvania Avenue Don Vikes, attorney for the applicant spoke about the Land Development Waiver Request for SLD #09-14, the RAO Group, for a property at 520 Pennsylvania Avenue. This proposal is for re-use of the existing vacant office building at 520 Pennsylvania Avenue for two restaurants on the first floor (a 'Dunkin Donuts' with drive-through and an unnamed sit-down restaurant) and RAO's corporate offices on the second floor. Mr. Guttenplan explained the Zoning Hearing Board granted all of the requested relief, the Planning Commission recommended granting the land development waiver. He also stated that Mr. Sullivan recommended the land development waiver subject the applicant obtaining an Earth Disturbance Permit. Mr. Guttenplan stated the Zoning Hearing also made the following conditions to the waiver: the applicant must execute a lease for 15 off-site parking spaces for the employees of the two anticipated restaurants and the sit-down restaurant is limited to 150-person occupancy (due to parking limitations). Action Items Ordinances None Resolutions 1. Land Development Waiver - SLD #09-14; RAO Group, Inc./520 Pennsylvania Avenue adopted Resolution # granting a waiver of land development for SLD #09-14 RAO Group, Inc., 520 Pennsylvania Avenue for two restaurants and corporate headquarters in the existing building. 2. Distribution of 2014 Act 205 State Aid Mr. Mellor explained the Township received their 2014 allocation of state aid in accordance with Act 205, the Municipal Pension Plan Funding and Recovery Act. This year's amount is lower due to the decreased amount of the unit value per employee used in calculating the State Aid amount. Decreased unit value resulted from lower collections of taxes imposed on foreign casualty insurance companies. The entire amount will go towards the Police Pension Plan and the Non-Uniform Employee Pension Plan not covered by State Aid is $517,305.32, which will be absorbed by the General Fund. adopted Resolution # allocating the 2014 Act 205 State Aid distribution in the amount of $487, to the police pension plan.

4 4 3. Resolution in Support of House Bill #177 - Hate Crime Legislation adopted Resolution # supporting House Bill #177 introduced by State Representative Brendan Boyle to address hate crimes in Pennsylvania against the lesbian, gay, bisexual and transgender communities, by expanding the definition of ethnic intimidation to include malicious acts involving sexual orientation and gender identity. Motions 3. Certificate of Appropriateness - Jehovah s Witnesses/4050 Butler Pike New Sign Mr. Guttenplan explained Conshohocken Congregation of Jehovah's Witnesses has applied for permits to install a building-mounted sign on their new Kingdom Hall being constructed at 4050 Butler Pike. Since this location is in the Plymouth Meeting Historic District, a Certificate of Appropriateness is needed for the sign. The Historical Architectural Review Board (HARB) has approved the Certificate of Appropriateness. approved the Certificate of Appropriateness for Jehovah s Witnesses to permit installation of a sign located at 4050 Butler Pike. 4. Audit Proposal -Act 511 Compliance Audits Mr. Mellor explained this is a proposal to continue the Township s Compliance Audit program, in particular to the Act 511 taxes and verifying that businesses within Whitemarsh Township are complying with the Township's Business Privilege, Mercantile, Amusement, Local Services Tax and Earned Income Tax. approved the Act 511 compliance audit proposal from the audit firm McGladrey, LLP. 5. Demolition Bids Stenton Avenue and 6005 W. Valley Green Road Mr. Mellor explained the Township advertised the re-bid for the demolition and restoration of the two properties in June of 2014 and received three (3) bid proposals. Upon consultation with the State Emergency Management Agency who administers the Hazard Mitigation Grants, the State has recommended that the Township reject all bids once again and conduct a re-bid to seek a more favorable bid result as the bid results exceeded the budgeted amount allocated for demolition and restoration of the two sites. For this third round of bids, the State Emergency Management Agency recommended that VVhitemarsh Township utilize an already approved bid document as a template and include only the minimal Township Code requirements in the bid. On a motion by Supervisor Hart, second by Supervisor Peduzzi (4-0) the Board of Supervisors approve d rejected all bids proposals received for the re-bid of Specification # for the demolition and restoration of the structures located at 607 Stenton Avenue and 6005 W. Valley Green Road, and authorize the advertisement of a second re-bid of the demolition and restoration of the structures located at 607 Stenton Ave and 6005 W. Valley Green Road.

5 5 PUBLIC COMMENT PERIOD Peter Krill, resident, asked for a repeat of the timeline for leaf collection and where he could get information on the Cross County Trail. Mr. Guttenplan told him to call him for additional information. BOARD MEMBER COMMENTS None ANNOUNCE EXECUTIVE SESSION Chair Erlbaum announced the Board of Supervisors held an Executive Session on Monday, October 5, 2014 where the Board discussed personnel and before this evening s public meeting where the Board discussed personnel and litigation. ADJOURNMENT On a Motion by Supervisor Peduzzi, seconded by Supervisor Hart, the meeting was adjourned at 7:45PM. Respectfully submitted, Richard L. Mellor, Jr. Township Manager