Township Approves TCO Extension for Sonic

Several agenda items were passed unanimously at the May 2 Regular Meeting of the Upper Moreland Township Board of Commissioners.

Such items included the approval for small improvements to be made at Veterans Memorial Park (such as adding a trail); working with Hatboro Council to submit Robert Bruce Apartments as a location for a proposed Department of Environmental Protection feasibility study; and an approval for small farm animals and Revolutionary War Re-enactors to conduct simulated musket firing drills at the Boileau Farm Festival, May 14.

But the most talked about item during the meeting didn’t appear on the agenda, as it dealt with the continued extension of Sonic restaurant’s Temporary Certificate of Occupation (TCO).

The reason why it didn’t appear on the agenda was that the previous TCO extension would have expired on May 13, before the next scheduled general board meeting.

The Sonic franchise in Willow Grove, located on Easton Road by the Turnpike exit, opened for business July 13, 2010.

One of the partners for the Sonic Franchise in the area, Donald Welsh, was invited to come before the assembled board to explain the delay in finalizing a lease agreement with the Turnpike Commission.

According to Welsh, Sonic submitted a lease application to the Turnpike Commission in February of last year, but, due to legal complexities between the owners of Sonic and the Turnpike Commission, Sonic has operated without a lease.

As a result, the business partners that own Sonic in Willow Grove have requested several TCO extensions from the township since.

Welsh told the township commissioners that the Turnpike did give a lease to Sonic about seven or eight weeks ago. However, he and his business partners sent inquiries back to the Turnpike to be answered before an agreement could be reached.

According to Welsh, they sent the Turnpike Commission three questions concerning the lease:

• The term of the lease

• Clarification on returning the property in a certain condition, as termed by the lease

• The cost of maintaining striping on the property

“We met all the requirements of the township, and of PennDot and the Turnpike,” Welsh said. “I can’t give you a date as to when this will be finalized because I can’t control the Turnpike commission responding to our inquiries."

Ward 6 commissioner Samuel Valenza pointed out that Sonic has been an involved member of both the business and general communities in Willow Grove.

“I look to Sonic as a good partner with the community,” he said, highlighting Sonic’s sponsorship of Upper Moreland Little League, soccer teams and the Tri-Centennial celebrations. “And, I would like to get this thing resolved.”

He then added that the commissioners have approved TCO extensions in the past, including a current extension to Gloria Dei Memory Care.

Kevin Spearing, Ward 2 commissioner, did note that the Gloria Dei TCO extension was due to construction, and not dealing with the Turnpike Commission.

“Perhaps we should be assisting a business that has a hardship with the state. Maybe we should reach out to our state legislatures to lean on the Turnpike a bit,” he said.

Although not speaking for the Turnpike, township solicitor Kate Harper said that the commission might not be able to actually react any faster, as they are also a public body with regular meetings and agendas.

According to the Turnpike’s website, the commission has open meetings every other week.

“I think it’s appropriate to ask for help,” Harper said. “Your legislatures could be helpful in explaining to the Turnpike that this is causing an issue.”

Several public comments were made in response to the commissioners weighing on whether or not to extend Sonic’s TCO.

“We just assembled a task force, and this is the kind of thing we’re going to have to overcome,” Revitalization Task Force member Jonathon de Jonge told the commissioners.

He added that potential businesses will be looking closely at their reaction.

“Why are we penalizing a good business in the township?” de Jonge asked.

Roger Myers, president of the Willow Grove Chamber of Commerce, also cited several examples of Sonic’s positive involvement within the community, and added that the chamber strongly supports Sonic.

“Please, vote with your conscience,” he asked the commission, adding the business should not be held accountable for what they have no control over.

Ward 7 commissioner, James McKenna responded that Sonic should have foreseen this obstacle before opening for business, adding that the unknown details between Sonic and the Turnpike may further necessitate a TCO extension request.

“I don’t think they’ve done anything wrong here. I think they do need to get this resolved,” he said. “And, if there is something holding up on the Turnpike’s end, it has to be addressed.”

McKenna had suggested to Welsh to personally meet with the Turnpike Commission, but, according to Welsh, the matter has become a legal issue, and is a discussion between the Turnpike’s and Sonic’s legal council.

Ward 1 commissioner Lisa Romaniello expressed concern on the precedent being set by further extending Sonic’s TCO.

“It puts us in a strange, awkward position when it comes to other situations like this, that they will look back on,” Romaniello said, referring to potential developers. “You want to be able to treat developers that come into this community fairly, equally.”

Speaking from the audience, Nick Scull, president of the Upper Moreland Democratic Committee, agreed.

“What if we didn’t like this developer … and we are dying for a reason not to give them an occupancy permit?” he asked the board. “This would have been a whole different discussion; it would have been over shorter.”

Scull stated that the rules apply to everyone, but also asked the board to consider the consequences of shutting down a successful business in the community, such as Sonic. He suggested the board require Sonic to pay for its TCO extensions.

Dr. David Hakes, president of the Upper Moreland School board, also made a public comment.

Calling Sonic a “good corporate citizen,” Hakes also advocates Sonic’s positive involvement with the community, specifically with the school district.

He then addressed the board in matters of precedence, citing from his own experience on the school board, and saying that is why commissioners are elected, to make hard decisions and move on from those decisions.

While, as Welsh said during the meeting, Sonic has complied with every regulation and agreement asked of the business by the township, Harper said that Sonic still needs to have recorded an agreement to maintain a storm water facility on the property, which can only be made when the lease is granted.

The Sonic TCO extension was approved for another 60 days, with a majority vote of 5–2.

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More from the reporter’s notebook

• During the non-agenda items, public comments section, Jonathon de Jonge, a member of the Revitalization Task Force revealed the Bird Town U.S.A. sign.

• Also during the non-agenda items portion of yesterday’s meeting, Roger Myers of the Willow Grove VFW thanked the commissioners and several of the event’s sponsors, for their support of the , which took place along Easton Road May 1.