Monday, December 17, 2007
At 7:00 p.m. Chairman J. Robert Witmer called to order an Executive Session. In attendance were Supervisors Greenberg, Kuhn, Prousi and Sarosky. Also in attendance were John Nagel, Merle Ochrach and Bruce Shoupe. Personnel and potential litigation matters were discussed. The Executive Session adjourned at 7:55 p.m.
Chairman Robert Witmer called to order the regular action meeting at 8:00 p.m. In attendance were Supervisors Greenberg, Kuhn, Prousi and Sarosky. Also in attendance were John Nagel, Chief Richard Brady, Kevin Costello, Bill Brightcliffe, Larry Gregan, Pam Gural-Bear, Bruce Shoupe, Merle Ochrach, Rick Tralies, Earl Armitage, John Chambers, Stacy Crandell, Mike Galla and Deb Rivas.
Chairman Witmer introduced the discussion regarding the Disc Golf Course. Mr. Witmer indicated that Kevin Costello, Director of Public Works, and John Chambers, Township Engineer, would provide updates and information to the residents and that there would be an opportunity for residents to make public comment, however, no decisions would be made by the Board at this meeting. It was previously requested by the Board of Supervisors that holes one through five be closed and the matter be discussed between the residents and the Park Board at their next meeting on January 9, 2008. The Park Board would then make a recommendation to the Board of Supervisors. Kevin Costello indicated that holes one through five had been closed down and that although changes had been made to the course layout, they were done so in order to eliminate the removal of additional trees. John Chambers read statements from the DEP and an independent environmental consultant which both indicated that there were no significant environmental concerns with the installation of the disc golf course. Bill Maule, Chairman of the Park Board, indicated that the Board was ready to discuss the matter with residents at its January 9th, 2008 meeting. David Keightly, a member of the Park Board, asked if residents could specifically list the concerns that they have because one resolution to a concern might affect the resolution of another. Mr. Keightly felt that there may be a better solution to all concerns if they were specifically listed. Under public comment, John Blasko of 134 Mallard Drive stated that there were people at this meeting who were not taxpayers of Montgomery Township and those people should not be allowed to make comments. Mr. Blasko also stated that there are environmental issues as hole #7 has three stream crossings. Mr. Blasko also stated that the trees that were cut are a liability for the township as they are angled and sticking out of the ground. Mr. Blasko said that he is completely against installing the disc golf course in the nature area and that environmental and safety issues are a major concern. Mr. Blasko stated that the installation was unprofessional and ship-shod. Marilyn Tontoni of 219 Mallard Drive stated that there has already been an environmental impact as the trees and brush have been trampled. Mrs. Tontoni is concerned that this course is being marketed to outside residents and other municipalities have had numerous problems which such courses in their parks. Mrs. Tontoni stated that this area was set aside as a nature area, not a recreational sport area and the land cannot serve both purposes. Mr. Lawrence Caldwell of 264 Mallard Drive stated that he was in attendance at the Board meeting when this course was discussed and that no one said anything about it when it was being planned. Mr. Caldwell was excited to learn that the Township was installing such a unique recreational feature in the park. Mr. Caldwell stated that he did not want additional Township money being spent to make changes to the course at this time. Neil McDevitt of 111 Damson Lane introduced members of his group who are supporters of the game: Colby Tecklin of 103 Colt Circle, Joseph Sikorski of 504 E. Lawn Ave and Alden Zove of 1154 Horsham Road. Mr. McDevitt stated that this group are members of Deaf Disc Golf and the five of them recently played a game at the course. Mr. McDevitt stated that they picked up a bag of trash along the way. Mr. McDevitt stated that it would be a dangerous precedent to go back and change things after they have been voted on. Mr. McDevitt asked the Board to not make any changes. Kathy DiPangracio of 204 Mallard Drive said that she thinks disc golf is a wonderful game, just not a game that should be installed in the nature area. Ms. DiPangracio indicated that she uses the park all the time and questions the appropriateness of the location of the disc golf course. Ms. DiPangracio stated that the area would become corrupted if used in this manner. Dave Hansell of 130 Mallard Drive said that he had attended the November 26, 2007 Board meeting and that he was grateful that holes one through five had been closed down as discussed. Mr. Hansell also indicated that one additional hole in the wooded nature area should be reconsidered as it crosses the stream in three locations. Mr. Hansell stated that the residents concerns had nothing to do with the sport of disc golf, but everything to do with ruining the nature area of the park. Mr. Hansell stated that this matter was not publicly debated prior to its installation and it was not presented in a public forum. Chairman Witmer thanked the residents for the comments and for coming to the meeting. Chairman Witmer reminded the audience that there would be no action taken this evening.
Vice Chairman Stephen Prousi stated that it was time to say goodbye to Township Supervisors J. Robert Witmer and Robert R. Kuhn. Mr. Prousi thanked both Supervisors for their dedication and commitment to the residents of Montgomery Township. Mr. Prousi indicated that commendations and citations from Montgomery Township, State Senator Stewart Greenleaf, State Representatives Kate Harper and Rick Taylor had previously been presented. Mr. Witmer was elected to the Board of Supervisors in 1998. Prior to his election, he served on the Montgomery Township Sewer Authority from 1989 to 1998 and resumed his duties on the Sewer Authority in May 2006. Dr. Kuhn was elected to the Board in 1978. Prior to that time, he served on the Township's Planning Commission from June 1972 to December 1977. Resolutions #1 and #2 unanimously recognized and commended J. Robert Witmer and Dr. Robert R. Kuhn for their dedication and many years of service to the residents of Montgomery Township. Under public comment, Dr. Joseph Nasife, a long time member of the Public Safety Committee, indicated that he has worked for many years with both Supervisors and that they always projected the dedication and desire to make the Township a better place. Bernie Heinze of 110 Matthew Drive said that he has known the Board for over 16 years, but the last five years have been the most illuminating. Mr. Heinze stated that it takes great judgment and great character to make difficult decisions and that Montgomery Township is better off because of these individuals. David Keightly, Magisterial District Judge for 14 years, thanked these gentlemen for their fine years of excellent public service. Judge Keightly indicated that he has had many opportunities to work with the staff of Montgomery Township and that it is an excellent organization, mostly as a result of the actions of this Board.
Chairman Witmer stated that the Board has reluctantly accepted the retirement notice of Warren "Pete" Greenberg from the Board of Supervisors. Mr. Greenberg was a member of the Board from 1999 to 2007. He started his career with the township by serving on the Park and Recreation Board from 1974 to 1997. Mr. Greenberg was instrumental in implementing the township's soccer and baseball associations, acquiring open space and parkland and establishing recreation programs for Township residents. Chairman Witmer presented a commendation from Montgomery Township and citations from State Senator Stewart Greenleaf, and State Representatives Kate Harper and Rick Taylor. Resolution #3 unanimously recognized and commended Warren P. Greenberg for his dedication and many years of service to the residents of Montgomery Township.
Peggy Schmidt, Executive Director of the Partnership Transportation Management Association presented a plaque to the Board of Supervisors for their enduring support of the Route 202 Project. Ms. Schmidt also presented the Partnership TMA Transportation Champion award plaque to Supervisor Robert R. Kuhn for his tireless support of transportation issues in Montgomery Township.
There was no public comment for any items not listed on the regular agenda.
Merle Ochrach announced that the Board had met earlier in an Executive Session. Personnel and potential litigation matters were discussed.
Chairman Witmer opened the public hearing at 8:40 p.m. for a Conditional Use Application for 1215 Kenas Road - Saladik. Notes of testimony were taken by court reporter Byron Battle. Attorney Mike Saladik, representing Emil and Nancy Saladik, stated that the applicants want to develop the tract of land under the Historical Preservation Overlay District Ordinance. Testimony was provided by Mike Tucci, Engineer for Fore Site Land Services, Emil Saladik, applicant, and Richard Roller, President of the Montgomery Township Historical Society. The applicant intends to subdivide the property into seven single lots, with the majority of the land and open space being contained to Lot #1 and the historic structure. The applicant agreed to comply with the façade easement and open space easement. There were some questions regarding the viewscape from Kenas Road and how that would be handled. It was agreed that this is a matter that should be discussed during the land development and consideration of plan for this property. Under public comment, Alba Lynch of 153 Raven Hollow Drive was concerned that 7.22 acres would be divided up and that six additional homes would be placed there. Mrs. Lynch was concerned about the woods disappearing. The Board explained to Mrs. Lynch that the Historic Preservation Overlay District allowed the applicant to subdivide and build homes on smaller sized lots in an effort to preserve the historic structure and open space around it. The hearing closed at 9:30pm and Resolution #4 unanimously approved the Conditional Use Application for 1215 Kenas Road.
Chairman Witmer opened the public hearing at 9:30 p.m. for proposed Ordinance #07-227-Z Revisions to Zoning code - Highway Limited Industrial Overlay Ordinance. Notes of testimony were taken by court reporter Byron Battle. Jim Garrity, representing the applicant, Terra Vista LLC and John Antonucci, indicated that it was the desire of the applicant to ask for this text amendment to assist in providing significant transportation improvements by constructing new public roads or extensions of existing public roads and to allow for development of their property in the future. Mr. Garrity presented a plan showing an extension of Witchwood Drive across Stump Road and terminating at Route 309. After some discussion, the hearing closed at 10:00 pm. Resolution #5 unanimously approved Ordinance #07-227Z, Revisions to the Zoning Code for Highway Limited Industrial Overlay Ordinance.
Chairman Witmer opened the public hearing at 10:00 p.m. for proposed Ordinance #07-226Z - Revisions to Zoning Code - Agricultural Operations. Notes of testimony were taken by court reporter Byron Battle. Bruce Shoupe introduced the proposed ordinance as necessary to comply with State regulations for agricultural uses in the residential and limited industrial districts. The Board indicated that this was a proactive zoning measure to preserve current agricultural operations within the Township. The hearing closed at 10:05 pm. Resolution #6 unanimously approved Ordinance #07-226Z Agriculture Operations.
John Nagel indicated that bids were opened for the Stump Road Fire Station Renovation and Addition and that the staff was recommending the award of three of the bids and the rejection of the mechanical bids. The mechanical bids will be reissued and completed in time for the project. The bids received, plus the estimate for the mechanical bid are within our budget and this project has been fully funded and no tax increase will be necessary. Also, Merle Ochrach indicated that she had spoken to Babies R Us regarding the legal documents we need to accept the donation of land. Representatives from Babies R Us have indicated their willingness to assist us, but have run into some internal processing problems. As such, Ms. Ochrach is recommending that the Board proceed with authorization of condemnation of the land so that we can move forward if the legal documents are not presented in time for the project to begin. Resolution #7 authorized the Solicitor, Township Manager, Board of Supervisors and staff to execute such documents as necessary to condemn and obtain land from Babies R Us for the construction of the addition to the Stump Road fire station. Resolution #8 awarded the bids for the Stump Road fire station for general construction to Gordon H. Baver, Inc. at a price of $1,179,661, for electrical construction to Catanzaro Electric at a price of $224,000 and plumbing construction to TMI for a price of $246,940. Resolution #8 unanimously rejected all bids for mechanical construction and authorized the advertisement of the mechanical bids for January, 2008.
Larry Gregan presented the 2008 Final Budget for approval. Mr. Gregan indicated that the Township will have a $4.3 million surplus in 2007. $2.3 million of that will be maintained as a reserve balance in the general fund, $2.0 million will be transferred to the capital reserve fund. In 2008, the projected surplus is $393,000. The Township continues to maintain an Aa bond rating. Resolution #9 unanimously approved the millage for 2008 and the homestead exclusion of $25,000. Resolution #10 unanimously approved the streetlight assessments for 2008 for districts 1 through 5. Resolution #11 unanimously approved the 2008 budget as presented.
The Board held a public hearing on December 3, 2007 for the conditional use of property at 150 Hartman Road. A Memorandum of Findings of Fact, Opinion and Order was prepared based on the proceedings of that meeting. The Board was asked to approve this memorandum. Resolution #12 approved the Conditional Use Decision and Order for 150 Hartman Road by a vote of 4 to 0 with Supervisor Greenberg abstaining from the vote.
Under the consent agenda, the minutes of the meeting for December 3, 2007, and the payment of bills were approved as submitted. Resolution #13 accepted the applications for Tree City USA Growth Award and Tree City USA Recertification. Resolution #14 approved the escrow release for the Gateway Commercial Center. Resolution #15 approved the escrow release for Raymond Au - 675 Bethlehem Pike. Resolution #16 approved the contract for a temporary building for the fire services. Resolution #17 approved a land lease agreement for the temporary building for the fire services. Resolution #18 authorized the Township Manager to advertise for proposed Ordinance #07-229 - Amendment to Municipal Waste Collection & Recycling Ordinance for January 28, 2008. Resolution #19 authorized the Township Manager to advertise for bids for the 2008 Curb and Sidewalk project. Resolution #20 authorized the Township Manager to advertise for bids for a Backstop Fence at Rose Twig Park Field. Resolution #21 approved the consideration of PennDOT Traffic Signals on the Route 202 Parkway. Resolution #22 approved the Deeds of Dedication for Knapp Farm. Resolution #23 approved the Budget Amendment for the 2007 4th Quarter Transfer to Capital Reserve Fund. Resolution #24 approved the Capital Reserve Fund Designations. Resolution #25 approved the Deeds of Dedication for The Enclave at Montgomery Subdivision. All consent agenda resolutions were unanimously approved.
There being no further business, the meeting was adjourned at 10:30 p.m.