Tuesday, May 27, 2008
Chairman Jeff McDonnell called to order the executive session at 7:00 p.m. In attendance were Supervisors Birch, Fox, Prousi and Sarosky. Also in attendance were John Nagel, Bruce Shoupe, Ken Amey, Gilbert High, Joe Rudolf, Bob Iannozzi, Rich Brady, Ed Davies and Dan Mitchell.
Chairman McDonnell called to order the action meeting at 8:07 p.m. In attendance were Supervisors Birch, Fox, Prousi and Sarosky. Also in attendance were Bob Iannozzi, John Nagel, Bruce Shoupe, Kevin Costello, John Chambers, Earl Armitage, Judith Stern Goldstein, Pam Gural-Bear, Larry Gregan, Bill Brightcliffe, Richard Brady and Deb Rivas.
Under public comment, Barbara Vesay of 202 Livingston Court stated that it was her understanding that the Park Board had adhered to all the requests of the Board of Supervisors regarding the Disc Golf Course, including keeping it at 9 holes and under 2,500 feet. Mrs. Vesay asked why the approval was not listed on the agenda for this evening and asked the Board for preliminary approval of the plan tonight so that the baskets can be installed now. Mrs. Vesay also stated that the Bark Park has over one acre for the dogs, why can't the Disc Golf players have the half acre that has been left for them to play now. The Board indicated that they will wait for the Park Board to make their formal recommendation to the Board before they will take any action on the Disc Golf Course. It was anticipated that the Park Board would be making a recommendation at the June 9, 2008 Board meeting.
Supervisor Fox announced that the Board wanted to commend the Shade Tree Commission and staff members who worked on the planning and construction of Memorial Grove Park. Resolution #1 unanimously commended Shade Tree Commission members, Roy Rodriguez, John Antonucci and Bob McConnell as well as staff members, Bruce Shoupe, Ray Barndt and Marianne McConnell.
Bob Iannozzi announced that the Board had met in an executive session prior to this meeting and that personnel and litigation matters were discussed.
Chairman McDonnell introduced the next item which was the Consideration of Plan for the Zehr Tract. Mr. McDonnell announced that the Board had acquired special counsel for this matter and that Gilbert High would be representing the Board. Bruce Shoupe introduced the plan and provided a brief summary. The applicant, Wayne Rosen, and his engineer, Kirk Clauss, reviewed the resolution provided by the Township and made the following suggestions: The applicant requested that the word "non-paved" be added to the 20 foot wide access easement. The applicant requested that the open space be listed as "passive" as opposed to active recreation. The applicant asked that the Township consider making all the roads public, including the cul-de-sacs with the islands. The homeowner's association would maintain the islands themselves. The Fire Marshal's concern over the ability of the fire trucks to be able to turn in the cul-de-sac has been addressed. The applicant agrees to pay $105,000 for the preservation of the historic home in exchange for the two additional lots. The applicant does not want to install a post and rail fence to delineate the space between the private lots and the Township property. The applicant would instead like to install witness posts at the corner of each property. The applicant will donate the money to install a 250 foot long, 6 foot wide path to Windlestrae Park.
Discussion amongst the Board members followed. There were several questions regarding how the $105,000 figure was calculated. Mr. Rosen indicated it was the calculated value of the two lots. The applicant indicated that the house itself is in good shape and that he would like the authorization to utilize the Township's historic architect to determine exactly what the money should be used for. Roy Rodriguez, a member of the Historic Society, stated that the money can only be used for the exterior historic restoration of the property, not for any other means. Mr. Rodriguez also stated that a historic report is required by the applicant as part of the planning process. The post and rail fence discussion continued with the Board explaining that it was necessary to preclude future problems, to specifically delineate the property line because residents have a tendency to use the space behind their homes for sheds and other personal uses only to find that those are not on their properties. It was agreed that a post and rail fence, utilizing concrete post and a poly vinyl rail would be installed behind lots 9 through 16. Mr. Rosen indicated that he would provide the funds to create the 250 foot path to Windlestrae Park, but that he doesn't want to do the work on Township property. Mr. Chambers stated that the Township could get the contractor to price out the project and that would be the dollar amount that Mr. Rosen would pay. Ken Amey, a planning consultant, indicated the dollar amount required for the historic restoration should be left open pending the covenant and historic report. Barbara Vesay of 202 Livingston Court asked where the runoff of storm water would be discharged? Mr. Clauss indicated that it would be directed into basins and then into stream areas bordering the Windlestrae Park, where it presently drains before development. Mrs. Vesay asked whose responsibility it was to handle the water running into the park? Mr. Clauss responded that it will be the same amount of water as there is today and that the stormwater management was reviewed and designed for the best management practices. Supervisor Sarosky asked John Chambers to elaborate on the storm water management requirements that the applicant must meet in order for the plan to be considered for approval. Mr. Chambers addressed that the peak runoff must be reduced, the volume control must be in place and the water quality must be controlled by the plantings installed in the detention basins. Lastly, the Board agreed that the cul-de-sacs maintenance would remain the responsibility of the homeowner's association and not be taken over as public roads. Resolution #2 approved the consideration of plan for the Zehr Tract unanimously pending the changes to be made to the resolution as noted above.
Chairman McDonnell opened the public hearing at 9:12pm for proposed Ordinance #08-230Z - Business Professional Text Amendment. Notes of testimony were taken by court reporter, Tim Kurek. Bruce Shoupe outlined the changes to the BP text amendment and Marc Jonas and E. Van Rieker provided additional testimony concerning the changes which would benefit any Business Professional zoning that may abut residential zoning. The hearing closed at 9:25 p.m. and Resolution #3 unanimously approved Ordinance #08-230Z - BP Text Amendment.
Chairman McDonnell opened the public hearing at 9:26 p.m. for proposed Ordinance #08-231Z - Rezoning of Properties along Horsham Road. Notes of testimony were taken by court reporter, Tim Kurek. Bruce Shoupe introduced the ordinance and explained the request to rezone certain properties along Horsham Road from R-2, Residential to BP - Business Professional. Marc Jonas, representing the applicants, asked that the testimony and comments he provided in the previous hearing be incorporated into this hearing. Under public comment, Lorraine Schell of 119 Matthew Drive stated that she opposes the rezoning and construction of business properties on this site. Mrs. Schell asked where the parking would be located. Mr. Jonas responded that this was a zoning application and not a land development application. Mr. Jonas stated that when the land development application is presented, issues such as parking and details of the construction will be discussed. Ms. Schell stated that she is concerned about traffic and the ability to turn in and out of the property. Ms. Schell stated that it is already dangerous without this development and someone is going to get killed. The hearing closed at 9:35 p.m. and Resolution #4 unanimously approved Ordinance #08-231Z - Rezoning of Properties along Horsham Road.
Chairman McDonnell announced that the Public Hearing for the Conditional Use for Pump It Up, located at 94 County Line Road, has been rescheduled for the next Board meeting on Monday, June 9, 2008.
John Nagel announced that to complete the 202 Project, PennDOT needs to acquire right of way between the Joseph Ambler Inn and the Township building. PennDOT appraised the acquisition at $56,800. Our appraisal is much higher. PennDOT has filed a Declaration of Taking and the Township has until June 5th to file preliminary objections. Supervisor Fox inquired as to why the numbers were so far apart. Mr. Nagel stated that PennDOT's number is based on open space and the Township's number is based on current zoning. Resolution #5 unanimously authorized the Solicitor to file preliminary objections to the PennDOT taking and/or file a petition for a Board of View.
John Nagel announced that the Township and Police have reached an agreement for a new four year contract. Supervisor Sarosky commended the Township staff and police officers on approving a four year contract. The contract has always been a three year contract. Resolution #6 unanimously approved the 2008 through 2011 Montgomery Township Police Contract.
Under the consent agenda, the minutes of the meeting for May 5, 2008, and the payment of bills were approved as submitted. Resolution #7 accepted the Certificate of Compliance - Deed of Façade Easement for 105 Baker Place (Springville Farm Subdivision). Resolution #8 approved the escrow release for the Gateway Center. Resolution #9 approved the extension request for Kidalas Court. Resolution #10 approved the extension request for Frank's Theater. Resolution #11 approved the extension request for Keystone Church. Resolution #12 approved the rate for Special Counsel. Resolution #13 approved the adoption of the Montgomery County Natural Hazards Mitigation Plan. Resolution #14 approved the Access Control System for Stump Road Fire Station. Resolution #15 approved the contribution to the Montgomery County Lands Trust. Resolution #16 approved the Community Shredding Event. Resolution #17 approved the 2008/2009 Act 147 Grant Application. Resolution #18 approved the appointment of a Broker for the 401(a) and 457(b) Employee Pension Plans. Resolution #19 authorized the Township Manager to advertise for a public hearing for conditional use for Pump It Up (94 County Line Road) to be held on June 9, 2008. All consent agenda resolutions were unanimously approved.
There being no further business, the meeting adjourned at 9:40 p.m.