MINUTES OF MEETING FOR THE MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
Monday, March 24, 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 Frank Bartle, John Nagel, William Sylianteng and John Holsinger.

Chairman McDonnell called to order the work session at 7:45 p.m. In attendance were Supervisors Birch, Fox, Prousi and Sarosky. Also in attendance were Pam Gural-Bear, Bruce Shoupe and Deb Rivas.

Under public comment, Eric Smith, counsel for Mr. & Mrs. Levin who have signed an agreement of sale for 105 Baker Place, stated that he forwarded an email to the Township and its Solicitor regarding the façade easement agreement for this property and he would like his email to be included as part of his comments. Mr. Smith indicated that there is a concern about some specifics of the façade easement agreement. Ed Moser, owner of the property, indicated that he signed the original 2005 façade easement agreement, but that he is fine with whatever makes the potential new owner satisfied. Mr. Bartle indicated that for some unknown reason the 2005 façade easement agreement had not been recorded. Mr. Bartle also stated that it was his understanding that the 2007 agreement revised some provisions that were more in favor with what the Township had intended. The 2007 agreement had been signed by Mr. Moser. Mr. Bartle advised the Township to record the document with the county to protect the Township's interest. Mr. Bartle suggested that he and Mr. Smith discuss the matter early the next day and that he thought a resolution to the Levin's concerns could be reached. Resolution #1 unanimously approved the Historical Façade Easement Agreement for Springville Farms and authorized the Township Solicitor to record it. There was no other public comment.

Roy Rodriguez, Chairman of the Shade Tree Commission, stated that each year the Shade Tree Commission sponsors an annual event to celebrate Arbor Day. This year the annual Arbor Day Tree Give-A-Way will be held on Saturday, April 26, 2008. Mr. Rodriguez said that for approximately five years the Shade Tree Commission has been working on the creation of Memorial Grove Park. The Shade Tree Commission will be holding their tree give-a-way at the newly completed Memorial Grove. A dedication of the Memorial Grove Park will happen at 9:00 a.m. on that date and Mr. Rodriguez invited the Board of Supervisors to participate and begin the ceremonies with the reading of the Arbor Day Proclamation. Mr. Rodriguez also discussed the newly created brochure for Memorial Park which offers the bronze plaques that can be purchased at the Township's cost of $155 to be placed at Memorial Grove. Resolution #2 unanimously designated Saturday, April 26, 2008 as the Arbor Day Celebration and Dedication of Memorial Grove as well as the authorization of solicitation for bronze plaques to be placed at a fee of $155.

The work session adjourned at 8:03 p.m.

Chairman McDonnell called to order the action meeting at 8:08 p.m. In attendance were Supervisors Birch, Fox, Prousi and Sarosky. Also in attendance were Frank Bartle, John Nagel, Kevin Costello, John Chambers, Earl Armitage, Rick Tralies, Pam Gural-Bear, Larry Gregan, Bill Brightcliffe, Richard Brady and Deb Rivas.

Under public comment, Dan Rose of 132 Mallard Drive read a statement regarding disc golf. Mr. Rose stated that the Park Board was not taking any of the information supplied by residents seriously and that misinformation was rampant at the recent Park Board meeting. Mr. Rose also stated that Park Board members made threatening statements to residents. Mr. Rose stated that residents are trying to voice their concerns and they should not be attacked. Dave Hansell of 130 Mallard Drive stated that at the last three or four Park Board meetings, it has been stated that there is no environmental impact with the disc golf course located in the natural wooded area. Mr. Hansell stated that this statement is not based on any credible evidence and that whenever there is a possibility of environmental impact an environmental assessment study must be completed. Mr. Hansell suggested that the Township take a serious look at this issue and that the Township should begin restoration efforts immediately. Laurence Caldwell of 264 Mallard Drive has been out to the course fifteen times since it opened. Mr. Caldwell stated that during those visits he noticed that the course is hardly used. Mr. Caldwell suggested that the Board leave the course as originally installed and review the status in one year's time. Mr. Caldwell also stated that it has been reported that the French Creek Disc Golf has been closed. Mr. Caldwall stated that while that is true, French Creek has two courses and the one that was closed was over 20 years old. Ed Nawrocki of 111 Rosewood Drive said that he has enjoyed playing the course with his son and that disc golf is a great family sport. Mr. Nawrocki said that the issue appears to be the location of the wooded holes. Mr. Nawrocki suggested that the course be used for a while and then determine what impact there might be. John Blasko of 134 Mallard Drive asked the Board to ask the Park Board why it could not be a nine hole course, why did it have to be an 18 hole course? Mr. Blasko also stated that he did not understand how people can say to keep the course open for a year and then evaluate the destruction that will occur. Mr. Blasko stated that there was no plan, no environmental study and no evaluations for safety, and conflicting messages regarding environmental studies. Mr. Blasko asked the Board of Supervisors to look at the Park Board and how they treat residents. Marilyn Tontoni of 219 Mallard Drive stated that the good news was that it was spring and the bad news is that four months ago a bulldozer plowed down trees in the forest. Mrs. Tontoni suggested that the Supervisors need to appoint a committee or group of people to provide restoration to the wooded area. She stated that many would volunteer. Neil McDevitt of 111 Damson Lane stated that the previous Board made an egregious error when it closed the five holes without any data to substantiate the closing. Mr. McDevitt asked why the Board would act on situations that do not apply to this Township, things that have happened elsewhere? Mr. McDevitt said five or ten years from now, you can mediate or fix something that has caused a problem. The Township could monitor and fix problems as they occur. Mr. McDevitt suggested that the Board reopen the first five holes and allow the public to use the course and monitor it. Barbara Vesay, a Montgomery Township resident and a fan of disc golf read a statement which said that this project has been held up by a few residents who are concerned about other residents who might appear in their wooded area. Mrs. Vesay stated that today's youth are not active and many children can benefit from this activity. Mrs. Vesay asked the Board to authorize the Park Board to move forward with the disc golf plan. Alden Zove, 1054 Horsham Road stated that he owns two businesses and several properties in Montgomery Township. Mr. Zove stated that he contributes well over $10,000 in taxes and has done so for over 20 years. Mr. Zove said that he is appalled at the waste of his tax money by a few people consuming untold hours and resources of the Board of Supervisors, Park Board and Township Staff. Mr. Zove said that the construction of and the expense of the disc golf project was presented and approved. Mr. Zove said that this Board should be working on the multitude of other pressing matters at hand. Mr. Zove stated that this is a public park. Mr. Zove stated that he is a PA Certified Horticulturalist with a degree in horticulture and a member of the Pennsylvania Landscape and Nursery Association. Mr. Zove stated that he is sensitive and aware of the environmental issues. Mr. Zove stated that the study showed that there will be no adverse affects. Mr. Zove suggested that the Board re-open the course in its entirety and provide unfettered access to all. Under other public comment, Dave Keightly made a brief presentation on the Montgomery Township Golf League. Mr. Keightly stated that there are 22 teams of approximately 70 golfers who meet each week at Pine Crest Golf Course starting in May on Wednesdays for a friendly round of golf. Mr. Keightly encouraged residents, Township Supervisors and staff to consider joining this park and recreation success story.

Chairman McDonnell announced that the Zehr matter scheduled on the agenda for this evening will not be heard tonight.

Frank Bartle announced that the Board had met in an executive session prior to this meeting and that one personnel matter was discussed as well as interviews of the potential volunteer committee positions. In addition, a matter of potential litigation which the Board considered in its work session was the Springville Farms Façade Agreement.

Stacy Crandell made a brief presentation regarding Local Government Week which focuses attention on the need for strong, independent and active local governments. This year local government week will be celebrated from April 7 to April 13. The Township will be hosting a meet and greet for the residents on Monday, April 7 from 7:00 p.m. to 8:30 p.m. at the Township Building with local elected officials. Resolution #3 unanimously recognized Local Government Week.

Pam Gural-Bear welcomed two new employees to the Township. The Recreation Director, Beth Usic, and the Recreation Coordinator, Sudha Suryadevara, both joined the Community Services Office on Monday, March 24, 2008. Resolution #4 unanimously welcomed both employees to the Township.

John Nagel announced that a project update for the 202 Parkway project would be provided this evening. Eric Frary, a PennDOT consultant with Michael Baker, reported on target dates for permits, bids and construction. Mr. Frary also provided computer generated images of the visual look of the proposed roadway as it progresses through Montgomery Township. Mr. Frary indicated that there could be a potential start of construction in late 2008 with subsequent sections beginning after the 701 section and a scheduled opening at the end of 2010 or early 2011. Leo Bagley, Montgomery County official, indicated there had been four years of tremendous activity and that both the Horsham Road and County Line Road projects have been tied into the 202 Parkway project and the funding has been secured for all projects. Supervisor Prousi noted that Montgomery Township was the most instrumental Township in pushing the state and PennDOT to move forward with this road. Montgomery Township officials made trips to Harrisburg and also insisted that developers along the corridor donated portions of their property for the road.

Chief Brady introduced proposed Ordinance #07-224 - Towning and Salvage. Chief Brady stated that the Township had been working on an ordinance to help regulate the towing services the Township uses for accidents, etc. Steve Prousi, Officer Dave Dunlap, Mike Carr and George Tradewell were all instrumental in reviewing and revising the ordinance to best meet the needs of the Township. Under public comment, George Tradewell, owner of AAA Towing, stated that it had been agreed in a previous meeting that there would be a towing charge for abandoned vehicles and he would like to get paid for that service. Chief Brady explained that there would be no expense to the Township. The tower can apply to the state for reimbursement or the owner of the vehicle would be identified for reimbursement. Mr. Tradewell asked about Township vehicles and Chief Brady indicated that there was a fee of $75. Mr. Tradewell had other concerns about the fee schedule. Supervisor Prousi agreed to meet with Mr. Tradewell, Mr. Carr and Officer Dunlap to review the fee schedule again, but the current fee schedule was approved as submitted. Resolution #5 unanimously approved Ordinance #07-224 - Towing and Salvage. Resolution #6 unanimously approved the Standard Towing Agreement. Resolution #7 unanimously approved the Towing and Salvage Fee Schedule.

Bruce Shoupe introduced the plan for General Hancock Partnership hotels. The plan calls for two hotels and a restaurant. The applicant, Clay Heckler, indicated that he has reviewed the resolution and will sign the resolution with the conditions stated. Supervisor Fox stated that the plan was reviewed with the Planning Commission and was found to be acceptable. Resolution #8 unanimously approved the General Hancock Partnership Hotel and Restaurant plan. Under public comment, Dr. Joseph Nasife of 1322 Lansdale Avenue indicated that the audience cannot hear what the Board is saying and asked Board members to speak into the microphones.

Under the consent agenda, the minutes of the meeting for March 10, 2008, and the payment of bills were approved as submitted. Resolution #9 approved the grant application for the Fire Department of Montgomery Township for mobile data terminals. Resolution #10 approved the 202 Parkway Section 701 Sidewalk Agreement. Resolution #11 approved the temporary construction easement for the Safety Town area and detention basin off of Knapp Road. All consent agenda resolutions were approved unanimously.

There being no further business, the meeting was adjourned at 9:45 p.m.