Lower Merion's first committee meetings of 2012 includes officer's firing

The first committee meetings of the year for Lower Merion began with a flurry of activity, including the firing of a township police officer, appointment of a Penn professor to the Health Advisory Council, and discussion whether electronic signs should be allowed.

Indeed, it was a busy night following the annual reorganization on Wednesday.

Starting almost 40 minutes after the scheduled 6 p.m. start time, the meeting for the Police, Health and Building and Planning Committees began with all board members but Commissioners Jane Delheim, Daniel Bernheim, Jenny Brown, Cheryl Gelber, Lewis Gould and Steven Lindner in attendance.

The personnel issue dealt with the firing of a police officer that neither McGrath nor Police Committee Chair and Commissioner Brian Gordon would not identify due to township personnel policy.

The board members presented voted unanimously to recommend the full board approve the firing of the officer.

No additional details on the officer in question were provided to the meeting's attendees.

The Police Committee also discussed a project to upgrade the public safety radio system, a No Turn on Red regulation and McGrath's monthly report, discussing the string of crimes that hit the township in November and December.

Toward the end of the report, McGrath advised for Lower Merion residents to keep their eyes out for suspicious behaviors or activities rather than certain individual or vehicle profiles based on recent crimes.

Hugh Gordon, president of the Federation of Civic Associations in Lower Merion, and the residents in the nearby area, did not support the No Turn on Red Regulation for the southbound Llanfair Road at Montgomery Avenue in Ardmore, despite the regulation's support by PennDOT.

"It seems this is a solution in search of problem," said Gordon, who lives on Llanfair Road.

The restriction was proposed because of "insufficient sight distance at the intersection," but Gordon explained that this wasn't the problem, and that from his discussions with neighbors, the issue was the 35 mph speed limit near Lower Merion High School and Suburban Square.

Gordon asked the board to defer action until sufficient information on the matter was produced.

Although Commissioners Brian McGuire and George Manos believed the issue merited a decision at that moment, Zelov sided with Gordon and motioned for the agenda item to be tabled for later discussion. This motion was approved in a 4-3 vote.

Health Committee Chair Gould was absent, so Vice Chair and Commissioner Rick Churchill introduced the committee's sole agenda of the evening – recommendation for the board to appoint Hillary C. M. Nelson to the Health Advisory Council.

McGuire, who was on the Ad Hoc Committee that interviewed Nelson, had nothing but wonderful comments for the University of Pennsylvania professor.

"She's extraordinarily impressive with her credentials as a scientist and a public health expert who's also pursuing her MPH[Master of Public Health]…she's highly recommended," McGuire said.

The board members present voted unanimously to recommend the board to appoint Nelson.

Thought it was toward the end of the meeting, Commissioner Philip Rosenzweig, the new co-chair of the Building and Planning Committee, began his committee with the candid humor for which he is known.

"This evening we are actually addressing eight items on our agenda," Rosenzweig said. "We're addressing items that we have for the past many, many months and many, many meetings referred to as 'below the line items,' and those who follow us know that in our meetings, typically in long Building and Planning Committee agendas we never get to below the line, because it's one in the morning by the time we reach that point."

"We have a target for the conclusion of this meeting in mind, and I'm going to keep that target a surprise, but I'll give you a little warning of that target, and I'd like to keep the conversation moving along quickly," he added, met with laughter from his peers.

This task was made a little impossible with the agenda size and content.

The first of the several items discussed at the meeting was whether or not to amend the zoning code to permit and regulate electronic changeable copy signage in commercial zoning districts.

Building and Planning Director Bob Duncan, who presented the amendment, said the issue occurred as a result of two things – Sunoco requesting a variance for the electronic signage for its five stations located in the township, and a Montgomery County Zoning Officer's Association meeting he attended on the topic.

The land use attorney who presented at that meeting, as well as Township Solicitor Gilbert High Jr., suggested the following for regulating the electronic changeable copy signs:

Limit them to commercial and manufacturing zoning districts, subjected to a separation requirement from residential zoning districts.

Limit how quick the copy can change to another ad, which High suggested be between 10 and 30 seconds, with the change occurring less than one second.

Prohibit scrolling script, either vertically or horizontally, signs that flash or blink and signs that move, rotate, oscillate, vibrate or shimmer.

All signs containing electronic messaging must be no higher than six feet above grade, including the base and structure of the sign, to limit location and impact of the signs.

The luminance must not be greater than 30 candelas per square meter at night and 1,000 during the day.

Rosenzweig expressed concern over tailoring the amendment to the zoning code so that not every commercial business would erect an electronic changeable copy sign. He also suggested that the timeframe for the sign display be longer, since he felt constantly changing copy would be more distracting for drivers.

Only two residents spoke during the public comment portion of the meeting.

Carl Watson, a Wynnewood resident, expressed concern over the color of the signs, specifically for Sunoco since he said the number of photons for the red color display would need to adjust for night and day visibility. Watson, a certified lighting professional, expressed concern over the candela measurements proposed.

"By the way, 30 candelas per square meter is a huge amount of light at night," Watson said. "The moon doesn't even admit that from many, many thousands of miles away."

Ardmore Initiative Executive Director Christine Vilardo feared the signs wouldn't apply if they were held to the constriction that sign must be constructed monument-like, and was concerned about sign usage for other businesses.

"If you start thinking about electronic signs, there are going to be uses well beyond gas stations, so whatever solution needs to encompass all of those," she said.

Comments expressed at the meeting will be taken into consideration for revision of the amendment.

No representative from Bryn Mawr Village District attended the meeting. Last fall, when the issue was first discussed, there was concern over two of the five Sunoco stations, located in the Village District, and whether or not they would comply with the district's specific code.

At the end of the meeting Duncan told Neighbors that Sunoco would need a private variance for the two stations located in the Village District, but that discussion of that particular issue would not occur until the zoning code was amended.

Sunoco will present their variance to the Zoning Hearing Board meeting tonight, Thursday, Jan. 5 at 7:15 p.m.

Other matters discussed included the following:

An amendment to the fees paid for permit applications required to receive recommendation from the HARB or Historical Commission, which the board was divided on whether or not to make lower it than the maximum proposed $300 fee or keep it.

An amendment to exterior lighting standards to better regulate high intensity lighting and glare problems, which Watson gave a presentation on to offer insight into lighting and lamp wattage.

Prepping the board on the Nonconforming Lot Ordinance as it pertains to new definitions and parking space size, since the ordinance will be placed on an upcoming Building and Planning Committee agenda.

Discussion of the Country Club Ordinance Amendment, which would allow the Philadelphia Country Club to expand at some point in the future. The PCC discussed this with Commissioner Brown and members of the Gladwyne Civic Association. The board wanted to discuss the meeting with Brown, who wasn't present, and have further discussion on balancing PCC's desire to expand with maintaining open space, storm water management and other issues pertaining to the area.

The remaining three items – an ordinance to amend the township code to modify wooded lot planting standards, a resolution on environmental design standards and storm water management solutions – were tabled after the committee meeting went over Rosenzweig's 9:30 p.m. deadline.