Board of Supervisors
Tuesday, August 25 2009
SUPERVISORS PRESENT: Edward J. Brandt, Chairman Chip Behr, Vice-Chairman Dr. J. Richard Booth Kathleen Hunsicker ABSENT: George Hayeck STAFF: Larry M. Comunale, Township Manager Craig McAnally, Assistant Township Manager Carole Culbreth, Assistant Secretary Joseph Bagley, Esq. Township Solicitor David Connell, Township Engineer Joseph Zadlo, Zoning Officer Call to Order and Pledge of Allegiance The Chairman called the meeting to order at time 7:35 p.m. in the Lower Gwynedd Township Municipal Building and led those in attendance in the pledge of allegiance. BUSINESS & FINANCIAL Receipt of Meeting Minutes: July 28, 2009 The Board of Supervisors received the meeting minutes of the July 28, 2009 Regular Meeting. The Chairman asked if there were any question or corrections. There were none. Dr. Booth made a motion, seconded by Ms. Hunsicker to approve the minutes of the July 28, 2009 Workshop Meeting. The motion carried 4 – 0. Receipt of Invoice History Report for July, 2009 The Board of Supervisors received the Invoice History for the month of July in the amount of $1,143,676.90. The Chairman asked if there were any questions or comments. There were none. Dr. Booth made a motion, seconded by Ms. Hunsicker, to approve the Invoice History in the amount of $1,143,676.90 for the month of July. The motion carried 4 – 0. Receipt of the Year-to-Date Budget Report for July, 2009 The Board of Supervisors received the Year-to-Date Budget Report for July, 2009. The Chairman asked if there were any questions. There were none. Mr. Behr made a motion, seconded by Dr. Booth, to approve the Year-to-Date Budget Report for July, 2009. The motion carried 4 – 0. PUBLIC COMMENTS
The Chairman opened the meeting for public comment for items not on the agenda.
Vicki and Rick Tibberino, 351 Arbor Lane, discussed their problems with a township walking trail which they claim is not defined and trail users walk on their lawn and driveway. They also discussed the problems with walkers and their two German Shepherds and a Jack Russell i.e. walkers blowing airhorns, waving large sticks at the dogs and spraying them in the eyes with chemicals. They noted these problems have been going on for over eight years. They requested a definitive line on their property (possibly a fence). Mr. Behr stated if a fence is installed they will continue to have problems. The Chairman stated a definitive line clearly showing where the trail starts and the private property of the Tibberino’s begins is needed. Mr. Tibberino said the trail is a nature trail not a nuisance trail and the problems continue to get worse. The Chairman stated he recommends that two supervisors and staff take a look at the Tibberino’s property. Dr. Booth volunteered to be part of this group. Vicki Tibberino said there is no other trail like the one next to their property in the township. The Chairman thanked the Tibberino’s for coming out and addressing their concerns to the Board. There were no other public comments. BUILDING & ZONING Land Development Application: Foulkeways DeKalb Pike and Meetinghouse Road Mr. Zadlo stated the plans for this property have changed several times and are now ready for Board action. Doug Tweddale, Foulkeways, stated the Beaumont House was moved two years ago and will include office space and visitor residences. He noted the carriage house will be expanded by 600 sq ft. Mr. Tweddale said there are rumors that the Post Office branch may be closed. He stated the old post office will be converted to a resident unit with a garage addition. Mr. Tweddale said the fire station is shown on the new plan. He stated that access to the fire station and storm drainage issues have been worked out. Mr. Tweddale stated the project will be completed in phases. Mr. Zadlo stated the Board could consider approval of the plan conditioned upon the following: 1. Preparation and recording of a façade easement over the front elevation of the existing portion of the Beaumont House. 2. Adjustment of the landscape plan for the purpose of preserving the view of the Beaumont House from Rt. 202. 3. Preparation and recording of a conservation easement over the portion of the property that fronts on Route 202. 4. Documentation of the offer from Foulkeways to donate a site for a new fire/ambulance station with the understanding that Foulkeways will have input into the design of the exterior of building. 5. Approval by the Township of a pedestrian circulation system from the main campus to the Beaumont site including properly designed cross walks. 6. The only use being approved for the carriage house under this plan is a post office. Conversion of the carriage house to any other use will require land development approval by the Township. 7. Review and approval by the Township Engineer for compliance with all the above stated conditions and all Township regulations 8. Execution of a land development agreement, posting of construction escrows and posting of legal and engineering escrows along with the recording of the agreement. Mr. Tweddale asked if the Township would be flexible if the post office does not move to the site and they have built the additional carriage house. Mr. Comunale stated the condition will state that the carriage house will be demolished if the Gwynedd Valley Post Office is closed. Foulkeways could return to the Board for any proposed change in use if the Post Office is closed. The Chairman stated for the record regarding the firehouse and ambulance depot, he hoped that Foulkeways would convey that piece to the Township. Mr. Tweddale stated that would be difficult but Foulkeways could sublease the land with a 99 year renewable lease to the Township. He noted Foulkeways would like a farmhouse exterior and would like the Board’s input on the exterior view of the house. The Chairman asked for public comments. There were none. Dr. Booth made a motion, seconded by Mr. Behr to approve the preliminary land development for Foulkeways at DeKalb and Meetinghouse Road (plans dated December 8, 2006, last revised June 22, 2009 with revised Sheet 12 last revised August 14, 2009 ) with the above conditions as outlined by Mr. Zadlo. The motion carried 4 – 0. Land Development Extension of Time: Edward Murphy Tract Mr. Zadlo explained that Mr. Held has a two lot subdivision (Edward Murphy Tract). He said that the development is on hold due to the economy. Mr. Zadlo said last year the Board gave Mr. Held a one year extension and he is back for another extension of one year. Mr. Connell requested that the escrow be revisited when the land development is reactivated. Mr. Behr made a motion, seconded by Dr. Booth to approve a one year extension to the land development agreement for the Edward Murphy Tract. The motion carried 4 – 0. Public Hearing: Ordinance No. 465 Home Improvement Contractor Ordinance Mr. Bagley stated Ordinance No. 465, the Home Improvement Contractor Ordinance, is in response to the new state law that took effect on July 1, 2009. He stated contractors will now register with the State for a fee. This registration with the State will identify any criminal offense and verify insurance. Mr. Bagley stated the law prohibits Lower Gwynedd Township from licensing contractors. He noted this law applies only to home improvement contractors. Mr. Bagley entered the Reporter Proof of Publication of August 1 – 10, 2009 as Exhibit T-1. Mr. Bagley stated the status of home contractors can be checked on line and they have a registration number which will be noted on work documents. Dr. Booth asked for the new definition of Home Improvement Contractor. Mr. Bagley stated it shall have the same definition as that term has in the Pennsylvania Home Improvement Consumer Protection Act. He noted plumbers and electricians are still required to be licensed by the Township. The Chairman asked for public comment. There was none. Dr. Booth made a motion, seconded by Ms. Hunsicker to adopt Ordinance No. 465, the Home Improvement Contractor Ordinance. The motion carried 4 – 0. The Chairman asked that this information be included in the next newsletter and website.
Conditional Use Decision: Sprint PCS (Ambler Water Tower) (Pending) Mr. Bagley stated the official transcript was received by the Solicitor’s office last week and the Conditional Use Decision is being drafted. He stated the Board has forty-five days to render a decision and the September 8, 2009 meeting is within that time frame. Authorization of Advertisement for Ordinance-Site Plan Requirements Mr. Zadlo stated the Site Plan Requirement Ordinance requires that a site plan must be filed showing all existing and proposed features on the lot, and requires that at the time of the use and occupancy permit application a site plan showing all as-built features must be filed. He noted this will apply to all new developments and large additions. Mr. Behr made a motion, seconded by Ms. Hunsicker to authorize advertisement of the Site Plan Ordinance. The motion carried 4 – 0. OTHER BUSINESS Public Hearing: Ordinance No. 466 Dager Road Speed Limit Ordinance Mr. Bagley opened a public hearing on Ordinance No. 466 Dager Road Speed Limit Ordinance. He entered two exhibits T-1 Proof of Publication of August 13, 2009 in the Reporter; and T-2 Report from McMahon Associates dated August 13, 2009. The Chairman stated a subcommittee including Ms. Hunsicker, Mr. O’Brien, McMahon Associates, township staff, Chief Scholly and himself was formed for recommendations on the Dager Road speed limit. Chief Scholly recommended the 25 mph speed limit change. The Chairman asked for public comment. There was none. Ms. Hunsicker made a motion, seconded by Dr. Booth to adopt Ordinance No. 466 Dager Road Speed Limit Ordinance. The motion carried 4 – 0. Dr. Booth asked how long it will take to implement the new speed limit. Chief Scholly said immediately.
Roberts Road Storm Water Drainage Mr. Comunale stated the Township has had a significant amount of rain this summer; and he wanted to make the Board aware of the situation on Roberts Road. He noted the Township has met with the residents and is working with the Municipal Authority. Mr. Comunale stated Township personnel have cleared the stream behind one of the complainant’s home. He noted Mr. Jacquette will provided information to Mr. Tague. The Chairman stated an additional drain should be placed at the old Rotelle residence to direct the water away from the homes. Appointment of Delegate and Alternate Delegate for County E.I.T. Collection Committee (Resolution No. 2009 – 22 – Tax Collection Committee Delegates) Mr. Comunale stated Act 32 Section 505 (b) requires the governing bodies of each political subdivision within a tax collection district that imposed an income tax prior to July 1, 2009 to appoint a delegate to the Tax Collection Committee. He stated governing bodies of school districts, townships, boroughs, and cities collecting the Earned Income Tax must appoint one voting delegate and one or more alternate delegates to be their Tax Collection Committee representatives prior to September 15, 2009. Mr. Comunale stated Resolution No. 2009 -22 Tax Collection Committee Delegates has been prepared and upon approval will be forwarded to the County Commissioner. He stated the primary delegate will be Larry Comunale, Township Manager; first alternate will be Betty Lou Yost and second alternate will be Craig McAnally, Assistant Township Manager. The Chairman asked if there were any questions or comments. There were none. Dr. Booth made a motion, seconded by Ms. Hunsicker to adopt Resolution No. 2009 – 22 Tax Collection Committee Delegates. The motion carried 4 – 0. Consultant for Bethlehem Pike Revitalization Mr. McAnally asked that this item be tabled until the next Board meeting on September 8, 2009. He stated the Bethlehem Pike Committee has made a recommendation, however, the Board asked for the Board members not on the committee to meet with the consultant. The Chairman said he would like to acknowledge the following Bethlehem Pike Improvement Committee Members: Chip Behr George Hayeck Mike DelRossi Joel Cohen James Reis Maggie Fillinger
MANAGER’S REPORT Report from the Manager - Municipal activities, projects Mr. Comunale stated the parking lot for the Merck lease property on Sumneytown Pike has been constructed by Township personnel at a minimal cost. He noted Mike DeStefano, Asst. Public Works Director, used millings from PennDOT and some purchased stone. Mr. Comunale said he saved the Township a significant amount of money. He noted signage and trail connectors are needed to complete the project. The Chairman asked that the new trail be publicized. Mr. Comunale stated the Board will return to the regular schedule of two meetings a month in September. Mr. Comunale stated the YMCA project has started. He noted the Township has been flexible with some of the outstanding paperwork. Mr. Comunale noted the new feature suggested by Ms. Hunsicker for the Township newsletter is a great addition and we received positive comments from the public. Mr. Behr said this is a great idea. Mr. Comunale stated an invitation has been received from North Penn Fire Company for the housing of a new fire truck on August 31 at 7:15 p.m. Mr. Comunale advised that McMahon Associates will ask PennDOT to review the school zone designation on Dager Road. Mr. Comunale stated the MCATO Convention will be held on September 25th. Please let Carole Culbreth know if you would like to attend. Mr. Comunale stated the new 25 m.p.h. speed limit on Dager Road and the school zone reduced 15 m.p.h. speed limit recommended by McMahon Associates will soon be in effect. He noted PennDOT will make some improvements to Dager Road. SUPERVISORS/STAFF COMMENTS Supervisors, Staff comments, concerns, questions Ms. Hunsicker thanked the delegates appointed this evening to the Act 32 Tax Collection Committee. She also thanked Kate Schneider for spending a few weeks this summer as an intern for the Township. Dr. Booth said to keep Mr. Hayeck in our prayers. Mr. Zadlo said branches have been added to the antennas on the wireless antenna tower. The Chairman stated Paul Kenny will be graduating this month from the FBI Academy. He asked for Back to School signs to be installed. The Chairman stated that the Township Manager’s son-in-law, David Headlee, has completed his third tour of duty with the U. S. Army and returned home from Afghanistan this past Friday. He stated the Police Department and Wissahickon Fire Department participated in a welcome home for Captain Headless. The Manager thanked the Chairman for arranging the welcome for his son-in-law. He thanked Dr. Booth for his concern for Mr. Hayeck. There were no additional comments. There being no further business, the meeting was adjourned at 9:15 p.m. until the next meeting scheduled for September 8, 2009. Respectfully submitted, Carole Culbreth Assistant Secretary
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