Board of Supervisors
Tuesday, March 24 2009
SUPERVISORS PRESENT: Edward J. Brandt, Chairman Chip Behr, Vice-Chairman Kathleen Hunsicker ABSENT: George Hayeck Dr. J. Richard Booth STAFF: Larry M. Comunale, Township Manager Craig McAnally, Assistant Township Manager Carole Culbreth, Assistant Secretary James J. Garrity, Esq. Township Solicitor Call to Order and Pledge of Allegiance The Chairman called the meeting to order at time 7:37 p.m. in the Lower Gwynedd Township Municipal Building and led those in attendance in the pledge of allegiance. Montgomery County Commissioners James Matthews and Joseph Hoeffel presented to the Board a check for $416,000 to assist in purchasing a property to allow for the expansion of Veterans Memorial Park on Bethlehem Pike. The Open Space Grant money will expand the 1.5 acre park with the acquisition of the Siman property which will provide additional parking and serve as access for the township’s trail system. Commissioners Matthews and Hoeffel talked to the Board about an upcoming referendum in November regarding transportation projects such as the intersection of Norristown Road and Bethlehem Pike. Commissioner Matthews asked the Board for their endorsement of a “yes” vote in that referendum. The Chairman thanked Dave Froehlich, who was present, for his work in moving the open space project forward. BUSINESS & FINANCIAL Receipt of Meeting Minutes: February 10, 2009 and February 24, 2009 The Board of Supervisors received the meeting minutes of the February 10, 2009 Workshop Meeting. The Chairman asked if there were any questions or corrections. There were none. Ms. Hunsicker made a motion, seconded by Mr. Behr to approve the minutes of the February 10, 2009 Workshop Meeting. The motion carried 3 – 0. The Board of Supervisors received the meeting minutes of February 24, 2009 Regular Meeting. The Chairman asked if there were any question or corrections. There were none. Ms. Hunsicker made a motion, seconded by Mr. Behr to approve the minutes of the Regular Meeting of February 24, 2009. The motion carried 3 – 0. Receipt of Invoice History Report for February, 2009 The Board of Supervisors received the Invoice History for the month of February in the amount of $391,613.19. The Chairman asked if there were any questions or comments. There were none. Mr. Behr made a motion, seconded by Ms. Hunsicker, to approve the Invoice History in the amount of $391,613.19 for the month of February. The motion carried 3 – 0. PUBLIC COMMENTS
The Chairman opened the meeting for public comment for items not on the agenda.
Mark Grey, 331 Arbor Lane, asked the Board if they were aware that he requested election documents and did not received them in a timely manner. The Chairman and Ms Hunsicker stated they were not aware of any delays. Ms. Culbreth stated the documents were sent out on March 12th. Mr. Garrity stated the Township responded to Mr. Grey as required by law. There were no other public comments. BUILDING & ZONING Mr. Garrity announced that a tentative settlement agreement has been reached with Penn Florida Realty, LLP (Spring House Village Shopping Center) and the new plan will be displayed for public review at the Township Building. He stated a public hearing is scheduled for April 16 at 7 p.m. at the Township Building at which time the Board will vote on approving the settlement. Mr. Garrity stated Penn Florida, LLP will be constructing a park partially on a portion of property they own and partially on Township property. The Chairman thanked Mr. Garrity for his hard work over the last five years of litigation with Penn Florida, LLP. Ordinance No. 463: Plumbing Code Mr. Zadlo stated Ordinance No. 463 Plumbing Code will bring the current ordinance up to date with the state-mandated 2006 code. He stated a major change would be to allow the water supply piping system called “Pex”. Mr. Garrity pointed out this a public hearing on Ordinance No. 463: Plumbing Code. He entered the Proof of Publication as Exhibit T-1. Mr. Zadlo asked if there were any questions. Mr. Grey, 331 Arbor Lane, asked if the new ordinance will allow residents to install garbage disposals and do minor plumbing in their homes. Mr. Zadlo stated that will go before the Board next month. Mr. Grey stated if the ordinance is adopted residents will be prevented from installing a garbage disposal until the Board modifies it. Mr. Zadlo stated permits will be approved for licensed plumbers. Mr. Garrity closed the public hearing. Mr. Behr made a motion, seconded by Ms. Hunsicker to adopt Ordinance No. 463: Plumbing Code. The motion carried 3 – 0. Conditional Use Hearings: Metro PCS Driscoll The Chairman stated Mr. Garrity will conduct the public hearing for the Conditional Use Application for Metro PCS Driscoll at 625 DeKalb Pike (Driscoll) for the installation of a wireless broadband facility on an existing structure. Mr. Garrity stated the above conditional use application is similar to the Cricket Communications Conditional Use Hearings held in January. Mr. Garrity stated this will be a formal hearing and when recognized asked those testifying to give their full name and address to the court reporter. He stated the following exhibits will be entered: T-1 Conditional Use Application T-2 Plan dated February 24, 2009 T-3 Notice sent to residents T-4 List of residents T-5 Proof of Publication T-6 CKS Engineers Review Letter of February 18, 2009 Mr. Garrity asked if anyone wished to have party status with the ability to appeal the decision to please state your name and address. No one asked for party status. Nicholas A. Cuce, Jr., Esq. representing Metro PCS entered the following exhibits: A-1 ZHB Application Metro PCS, LLC A-2 Metro PCS Information Handout A-3 Executed Lease with Property Owner A-4 Picture of Tower A-5 FCC License A-6 Plan of All Surrounding Sites and Subject Sites Off-Air A-7 Plan of Proposed Coverage from Subject Site A-8 Plan of Surrounding Sites and Subject Site On-Air A-9 EMF Report of Dr. Kenneth Foster dated March 24, 2009 A-10 Site Plan Prepared by Wolstenholme Associates, revised February 24, 2009 A-11 Structural Analysis A-12 Proposed/Existing Sites within Township and 5 Mile Radius Mr. Cuce introduced Tom Dymant, Site Acquisition Consultant, Frank Puchino, Radio Frequency Engineer for Metro LLP; and John Wolstenholme, Architect as his witnesses. Mr. Dymant, Mr. Puchino and Mr. Wolstenholme were sworn in by the court reporter. Mr. Cuce stated Metro Communications is asking to place six antennas at a height of 105 feet on an existing 120 foot tower located at 625 DeKalb Pike in addition to equipment cabinets on the ground. Mr. Garrity asked if there were any questions from the Board. The Chairman questioned why there will be no interference on phone service at the 105 foot height. Mr. Puchino stated performance studies indicate there will be no interference issues on different bands. The Chairman questioned if there was adequate room for the cabinets. Mr. Puchino stated the Metro cabinet is similar in size to what presently exists. Ms. Hunsicker questioned the policy that if no activity is used within a year the antenna will be removed. Mr. Cuce said that is correct. There were no other questions. Mr. Connell stated two issues remain for the cell tower located at 625 DeKalb Pike and they will be addressed by Metro. Mr. Garrity stated exhibits A-1 to A-12 and the plan submitted tonight are accepted as presented. The Chairman stated for the record that he has not seen Mr. Connell’s letter of February 18, 2009. The hearing was closed. The Official Transcript of this conditional use hearing will be available at the Township Building during regular business hours. Conditional Use Hearing: Metro PCS,LLC The Chairman stated Mr. Garrity will conduct the proceedings for the Conditional Use Hearing for Metro PCS, LLC at 801 Tennis Avenue (Old York Road Country Club) for an installation of a wireless broadband facility on an existing structure. Mr. Garrity stated this will be a formal hearing and when recognized asked those testifying to give their full name and address to the court reporter. He stated the background from the last proceeding will be incorporated into this second application. Mr. Garrity stated the following exhibits will be entered: T-1 Conditional Use Application T-2 Plan dated February 24, 2009 T-3 Notice sent to residents T-4 List of residents T-5 Proof of Publication T-6 CKS Engineers Review Letter of February 18, 2009 Mr. Garrity asked if anyone wished to have party status with the ability to appeal the decision to please state your name and address. No one asked for party status. Mr. Cuce stated this is a similar application as the prior proceeding. He stated this application is located at 801 Tennis Avenue (OYRCC) and proposes the installation of six (6) communication antennas at a height of 95” on the existing 120’ communication tower and also proposes the placement of associated equipment cabinets on the ground adjacent to the tower. Mr. Cuce representing Metro PCS, LLP entered the following exhibits: A-1 ZHB Application Metro PCS, LLC A-2 Metro PCS Information Handout A-3 Executed Lease with Property Owner A-4 Picture of Tower A-5 FCC License A-6 Plan of All Surrounding Sites and Subject Sites Off-Air A-7 Plan of Proposed Coverage from Subject Site A-8 Plan of Surrounding Sites and Subject Site On-Air A-9 EMF Report of Dr. Kenneth Foster dated March 24, 2009 A-10 Site Plan Prepared by Wolstenholme Associates, February 24, 2009 A-11 Structural Analysis A-12 Proposed/Existing Sites within Township and 5 Mile Radius Mr. Cuce again introduced Tom Dymant, Site Acquisition Consultant, Frank Puchino, Radio Frequency Engineer; and John Wolstenholme, Architect as his witnesses for Metro PCS, LLC. Mr. Garrity stated the witnesses are still sworn-in from the previous hearing. Mr. Zadlo questioned the equipment cabinet in relation to Rt. 309. Mr. Wolstenholme stated their cabinet is further away from Rt. 309. The Chairman question the height of the fence. Mr. Zadlo said the fence is 6 feet high. Mr. Wolstenholme stated it is an arborvitae fence. Mr. Connell stated he did not see the latest revision to Z-2. Mr. Garrity asked for questions from the Board. The Chairman asked Mr. Puchino if the shape of the antenna is similar to what was described during the previous presentation and hearing. Mr. Puchino said yes. Mr. Garrity asked if there were any other questions. There were none. Mr. Garrity closed the hearing. The Chairman thanked Mr. Cuce. The Chairman stated a decision is possible at a subsequent meeting. The Official Transcript of this conditional use hearing will be available at the Township Building during regular business hours. Land Development: Valley Holdings 605 – 613 Bethlehem Pike Mr. Garrity stated this item is not ready. OTHER BUSINESS Authorization for the Chairman to Execute Siman Sale and Lease Agreements Mr. Garrity stated this item has been addressed at the March 10 meeting. Authorize Advertisement of 2009 Sanitary Sewer Rehabilitation Project Mr. Connell stated the Sanitary Sewer Rehabilitation Project is an evaluation of the sewer system to remove infiltration of excessive groundwater and wastewater which will cost money to remove at the treatment plant. He stated the televising project to identify the deficiencies is performed at night during periods of low flow. Mr. Connell’s letter of March 6, 2009 recommends that the work be done reasonably soon with an estimated cost of $11,206. Mr. Behr made a motion, seconded by Ms. Hunsicker to authorize the advertisement of the 2009 Sanitary Sewer Rehabilitation Project. The motion carried 3 – 0. Approval of Fire Company Activities - Worker’s Compensation Coverage Mr. Comunale stated a letter was submitted by Wissahickon Fire Company with the purpose of ensuring their members are adequately protected by Worker’s Compensation Insurance during their participation in any required fire company activity. Ms. Hunsicker asked that we pass the letter on to Delaware Valley Insurance Trust and ask for more specificity. Mr. Comunale asked that we hold this approval in abeyance until we hear back from Delaware Valley Insurance Trust. Authorize Advertisement of Roofing Repair and Replacement Mr. Zadlo asked the Board to authorize the advertisement of the flat roof repair and replacement. Mr. Comunale stated the work can be done under the remainder of the construction fund. Ms. Hunsicker made a motion, seconded by Mr. Behr to authorize the advertisement of roofing repair and replacement. The motion carried 3 – 0. 2009 Roadway Program Bids Mr. Connell stated a bid opening was held on March 18, 2009 for the 2009 Paving Program. He stated thirteen prospective bidders participated. The low bidder was Joseph E. Sucher & Sons, Inc. of Eddystone, PA in the amount of $423,097.00. Mr. Connell said the bonds and references were in order and he recommends the award go to the low bidder Joseph E. Sucker & Sons, Inc. Mr. Behr asked if the cost of asphalt rises will the bid price also rise. Mr. Connell stated the Township is bound by PennDOT regulations which has an adjustment clause. Mr. Behr made a motion, seconded by Ms. Hunsicker to approve the bid of Joseph E. Sucher & Sons, Inc. the lowest bidder for the 2009 Roadway Program at a price of $423,097.00.
MANAGER’S REPORT Report from the Manager - Municipal activities, projects Mr. Comunale stated the lift that the mechanic uses broke down. He stated the estimate is about $5,000 to repair. Mr. Comunale stated the Census Bureau will be using the Township Building for training next week from 8:30 a.m. to 4:30 p.m. Mr. Comunale thanked the Board for allowing him to attend the ICMA regional conference in Jersey City, NJ. Mr. Comunale said he and Mr. McAnally will be attending the APMM Conference May 19 - 21 in Cape May, NJ. SUPERVISORS/STAFF COMMENTS Supervisors, Staff comments, concerns, questions Ms. Hunsicker asked Chief Scholly if there were any incidents with the pole work and traffic detours on Bethlehem Pike. The Chairman commended the Chief on the educational seminars and sessions the police attend. Ms. Hunsicker asked if we had a timeline on the trails for Penllyn Pike. Mr. Comunale stated that depends on the Montgomery County Commissioners approving the Open Space Grant. Mr. Behr is pleased with the agreement with Spring House Village Shopping Center. The Chairman and Ms. Hunsicker echoed that sentiment. The Chairman stated he looks forward to the day when the center is revitalized. 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 April 14, 2009. Respectfully submitted, Carole Culbreth Assistant Secretary
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