Board of Supervisors
Tuesday, June 23 2009
SUPERVISORS PRESENT: Edward J. Brandt, Chairman Chip Behr, Vice-Chairman George Hayeck Dr. J. Richard Booth Kathleen Hunsicker STAFF: Larry M. Comunale, Township Manager Craig McAnally, Assistant Township Manager Carole Culbreth, Assistant Secretary Joseph Zadlo, Zoning Officer James J. Garrity, Esq. Township Solicitor Call to Order and Pledge of Allegiance The Chairman called the meeting to order at 7:40 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: May 12, 2009 May 26, 2009 The Board of Supervisors received the meeting minutes of the May 12, 2009 Workshop Meeting. The Chairman asked if there were any questions or corrections. There were none. Mr. Behr made a motion, seconded by Dr. Booth to approve the minutes of the May 12, 2009 Workshop Meeting. The motion carried 5 – 0. The Board of Supervisors received the meeting minutes of the May 26, 2009 Regular Meeting. The Chairman asked if there were any questions or corrections. There were none. Dr. Booth made a motion, seconded by Ms. Hunsicker to approve the minutes of the Regular Meeting of May 26, 2009. The motion carried 5 – 0. Receipt of Invoice History Report for May, 2009 The Board of Supervisors received the Invoice History for the month May in the amount of $1,053.217.98. The Chairman asked if there were any questions or comments. There were none. Mr. Behr made a motion, seconded by Dr. Booth, to approve the Invoice History in the amount of $1,053.217.98 for the month of May. The motion carried 5 – 0. Receipt of the Year-to-Date Budget Report for April 2009 and May, 2009 The Board of Supervisors received the Year-to-Date Budget Report for April and May, 2009. Mr. Comunale stated that he will prepare a detailed mid-year report for the July meeting. The Chairman asked if there were any questions. There were none. Mr. Hayeck made a motion, seconded by Ms. Hunsicker, to approve the Year-to-Date Budget Report for April and May, 2009. The motion carried 5 – 0. PUBLIC COMMENTS
The Chairman opened the meeting for public comment for items not on the agenda. There were none.
The Chairman welcomed Cate Schneider, a Villanova MPA student, who will be working as an intern on Thursdays. BUILDING & ZONING Conditional Use Hearing: Clear Wireless, LLC 720 Swedesford Road Mr. Garrity opened a public hearing for the Clear Wireless, LLC Conditional Use Application, 720 Swedesford Road (Driscoll) for the installation of a wireless communication antenna and related equipment cabinets. 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 applicant has the burden of proof. Mr. Garrity stated the following exhibits will be entered in the record: T-1 Conditional Use Application T-2 Extension letter dated May 14, 2009 from Mr. Lemanowicz T-3 Site Plans T-4 Notice sent to properties within 500 feet T-5 List of residents receiving notice T-6 Proof of Publication T-7 Certification of Property Posted Mr. Lemanowicz stated the applicant has a significant gap in their communication services coverage in the general vicinity of the existing tower on the subject property. He stated the applicant is asking for three antennas at 80 ft. above level and cabinets at the base of the tower. Mr. Lemanowicz entered the following exhibits: A-1 Application A-2 Ground Lease Agreement A-3 Site Lease Agreement A-4 Clearwire US, LLC – FCC License A-5 Structural Analysis for Existing Structure A-6 Coverage Map depicting the applicant’s radio-frequency coverage without the operation of the proposed communications facility A-7 Coverage Map depicting the applicant’s radio frequency coverage with the operation of the proposed communications facility A-8 Site Drawings Mr. Lemanowicz stated the applicant will add branches to the tower to conceal the antenna. He noted the cabinet at the base of the pole will be 30” x 30” and 60” high on a 7 ft. x 7 ft. base. Mr. Lemanowicz stated the site will be visited once a month and complies with all conditional use requirements. He noted there will be no severe adverse effects. Both Brian Seidel, Planner and Consultant for Clear Wireless, LLC and Luis Velazco, Radio Frequency Engineer were sworn in by the court reporter. Mr. Seidel testified that the summary was a fair and accurate representation. Mr. Velazco testified that the summary was a fair and accurate representation. Mr. Garrity entered Exhibits A-1 to A-8 into the record. The Chairman noted he could not locate all three panel antennas on the sketch. Mr. Lemanowicz stated the sketch is not three dimensional. The Chairman asked why Clear Wireless uses a smaller cabinet. Mr. Lemanowicz responded that Clear Wireless requires a compact cabinet instead of a large shelter. The Chairman asked Mr. Zadlo if the camouflage branches will be replaced on the antenna. Mr. Garrity stated the replacement of the camouflage branches will be imposed as a condition. Dr. Booth asked the reason the branches are replaced every five years. Mr. Garrity stated the replacement of branches will occur when needed. He noted the client will be notified when additional camouflage branches are needed to cover their antennas. The Chairman asked the Board if they had any other questions or comments. There were none. The Chairman asked for public comment. There was none. Mr. Garrity closed the hearing and stated a decision will be rendered in 45 days. The Official Transcript of this conditional use hearing will be available at the Township Building during regular business hours. The Chairman stated for the record that the Board of Supervisors met in two Executive Sessions to discuss the acquisition of property in the township. He noted no decisions were made. Authorize Advertisement: Conditional Use Hearing – Sprint PCS/Clearwire 634 Houston Road – Ambler Water Tower (July 28, 2009) Mr. Garrity stated authorization is needed to advertise the conditional use hearing for Sprint PCS/Clearwire Legacy at 634 Houston Road – Ambler Water Tower which will be heard on July 28, 2009 The Chairman requested that the equipment cabinet at ground level be a compact cabinet as discussed in the Clear Wireless hearing tonight. The Chairman asked if there were any other questions or comments. There were none. Ms. Hunsicker made a motion, seconded by Dr. Booth to authorize advertisement of the Condition Use Hearing – Sprint PCS/Clearwire Legacy, 634 Houston Road – Ambler Water Tower on July 28, 2009. The motion carried 5 – 0. Waiver of Land Development: Metro PCS Driscoll Metro PCS OYRCC Mr. Zadlo stated Mr. Cuce, representing Metro PCS (Driscoll and OYRCC), is present tonight. Mr. Cuce stated a Decision and Order was granted by the Board of Supervisors on May 12, 2009 with no extension of towers or compound. He noted any replacement of branches will be accomplished in 30 – 45 days by SBA. Mr. Cuce stated Metro is asking for a Waiver of Land Development from the Board of Supervisors for the above properties. He stated Metro received a recommendation from the Planning Commission. Mr. Garrity stated both Driscoll and OYRCC sites involve placement of the antennas no higher than the tower and the cabinets install inside the fenced area. Dr. Booth made a motion, seconded by Ms. Hunsicker to approve the waiver of development for Metro PCS Driscoll (625 DeKalb) and Metro PCS OYRCC (801 Tennis Avenue). The motion carried 5 – 0. OTHER BUSINESS Appointment to the Park & Recreation Board – Dean Phillips The Chairman stated Mr. Behr and Dr. Booth interviewed Mr. Phillips for the Park & Recreation appointment. He stated Ms. Hunsicker has known Mr. Phillips for some time and expressed his interest in the opening on the Board to her. Mr. Phillips was thrilled to be interviewed and appointed to the Park & Recreation Board. Mr. Comunale said he will be replacing Charlie Gagliardi. Mr. Phillips term on the Board will expire on December 31, 2012. Dr. Booth made a motion, seconded by Mr. Behr to appoint Dean Phillips to the Park & Recreation Board. The motion carried 5 – 0. The Chairman stated 14 qualified candidates applied for the Recycling Committee. Interviews will be held in the near future. Award Roofing Contract Mr. Zadlo stated seven bidders attended the pre-bid meeting for the Roofing Repair and Replacement at the Lower Gwynedd Township Municipal Building. He stated bids were opened on June 1st. Mr. Zadlo stated the low bid was from Banes Roofing, Inc. for $23,480. Mr. Zadlo said the project was budgeted at $71,500. The Chairman asked if there were any other comments or questions. There were none. Dr. Booth made a motion, seconded by Ms. Hunsicker to accept the low bid from Banes Roofing, Inc. for $23,480. The motion carried 5 – 0. MANAGER’S REPORT Report from the Manager - Municipal activities, projects Mr. Zadlo stated the Building and Zoning Subcommittee recommended a zoning map change for the Pike Restaurant property. He stated the property is presently D-District and runs 500 feet on Bethlehem Pike. Mr. Zadlo explained the five parcels are split zoned [either D- District (Business) or A- District (Residential)] and before development of the property goes forward an ordinance for a zoning map change is recommended. He asked the Board to authorize advertisement of an ordinance to make changes to the zoning map and increase the allowable building size in the D-District. Dr. Booth made a motion, seconded by Ms. Hunsicker to authorize advertisement of the zoning map change for the Pike Property. The Chairman asked if there were any questions or comments. There were none. The motion carried 5 – 0. Mr. Comunale explained that the Montgomery County Consortium is addressing the new stormwater management regulations which will be costly to local governments. He said the Consortium has received a positive response from its members and also Montgomery County Association of Township Officials (MCATO) may also join in to request relief from this unfunded mandate. Mr. Comunale stated a meeting will be held tomorrow with SEPTA and their contractor pertaining to the replacement of the bridge over Penllyn Pike. He stated the contractor informed him that Penllyn Pike will be closed for approximately two (2) weeks. Mr. Comunale said Ron Lynch was also present at the meeting representing the Fire Department. The Chairman asked that SEPTA publish a press release and that all pertinent information be posted on the Township website. Mr. Comunale stated 150 campers were enrolled in the Township Summer Camp. The Chairman stated there was a power outage at Wissahickon High School and the camp counselors should be advised of safety issues. Mr. McAnally stated the camp counselors did an excellent job dealing with the power outage. Mr. Comunale stated the Township Engineer reviewed an application for a parking lot access and ten parking spaces for the trail to get access to the area leased by Merck. He stated residents are already using the property. Mr. Comunale said the cost to stone the parking lot will be $2,500. The Chairman stated improvements need to be made to the trail. Mr. Comunale said Chris Kalb has mowed the sanitary sewer easement. There was discussion about the Park and Recreation Board touring the area. Mr. Comunale recommended a few benches be placed around the area. Mr. Comunale stated Brandywine Realty (Spring House Corporate Center) will be installing a traffic signal on Norristown Road at their entrance and they will pay all costs to operate the traffic signal. He stated a permit must be submitted to PennDOT by the Township. Mr. Comunale noted Resolution No. 2009 – 21 Application for Permit to Install and Operate Traffic Signals (Norristown Road at the Spring House Corporate Center Driveway) needs approval of the Board. He asked the Board to authorize him to approve the application which obligates the Township to pay the cost upfront and Brandywine will reimburse the Township for the cost. It was the consensus of the Board to authorize Mr. Comunale to accept the application as discussed. The Solicitor noted that the Resolution obligates the Township to operate the traffic signal in accordance with PennDOT regulations. Chief Scholly stated Glenn Fowler has been transferred to the detective division as the Juvenile officer. He noted Patrolman Fowler will be replacing Paul Kenny in the detective division. Chief Scholly said Paul Kenny will be attending the FBI Academy starting on July 12th. He stated PennDOT will have road closures north and south on Norristown Road. The Chairman thanked Chief Scholly for his help with the Kiwanis carnival and the fireworks. SUPERVISORS/STAFF COMMENTS Supervisors, Staff comments, concerns, questions Ms. Hunsicker thanked Cate Schneider for attending and interning at the Township. She also congratulated Dean Phillips on his appointment to the Park and Recreation Board. The Chairman invited everyone to attend the Kiwanis Carnival and Fireworks. There were no additional comments. There being no further business, the meeting was adjourned at 8:45 p.m. until the next meeting scheduled for July 28, 2009 at the Lower Gwynedd Township Municipal Building. Respectfully submitted, Carole Culbreth Assistant Secretary
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