Monday, December 03, 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 and Merle Ochrach. Personnel and potential litigation matters were discussed. The Executive Session adjourned at 7:25 p.m.
Chairman Witmer called to order the work session at 7:30 p.m. In attendance were Supervisors Greenberg, Kuhn, Prousi and Sarosky. Also in attendance were John Nagel, Merle Ochrach, Pam Gural-Bear, Bruce Shoupe, Bill Brightcliffe, Richard Brady, Kevin Costello, Lawrence Gregan and Shirley Snyder.
Monthly Reports were presented by Department Heads. Pam Gural-Bear reported that The Communicator, containing winter articles and Recreation News will be in homes of residents the first week in December. Three award applications to the Local Government Excellence Awards Program have been submitted. The Township is sponsoring a "Name the Park Contest" to choose a name for the future park on Hartman Road. Entry forms were distributed to the elementary schools within the township. The first leaf waste curbside pick up is scheduled for this Saturday, December 8th, between the hours of 7:00 a.m. and 5:00 p.m. by Allied Waste. Kevin Costello reported that the department has made the changeover and is ready for winter. Bill Brightcliffe reported that the Fire Marshal's office completed 95 Life Safety Inspections for the month of November, and the Fire Department responded to 47 emergency incidents. Larry Gregan reported that the proposed final budget has been prepared for consideration by the Board at the December 17th meeting. Ernie Piermani started as a consultant to temporarily assist the department with business tax collections. Testing continues on the Pentamation Business Tax software program, and it is anticipated that the 2008 tax return forms will be on target for printing and distribution by the end of December. Chief Brady reported that the department had responded to 1957 calls for the month of November. There was one highway fatality reported and a car jacking incident in the Tall Gables Development. A Highway Safety Project, Aggressive Driving Project grant for $11,000 has been approved. Bruce Shoupe reported that the Planning Department has received 984 permit requests to date this year.
Bruce Shoupe provided a summary of the consideration of waiver of land development for Montgomeryville Business Campus at 1350 Welsh Road. The plan was previously approved by the Board. The applicant would now like to amend the approved plan to accommodate their new tenant, Federal Express Ground Service. The amended plan proposes to demolish the existing building and garage and construct a new 150,000 square foot single user warehouse building, with additional parking spaces proposed, instead of the original 180,000 square foot multi-tenant general warehouse use proposed. Resolution #1 was amended to include that the appropriate Park & Recreation fee was paid with the earlier development of this portion of the site. The amended resolution was unanimously approved. The work session was adjourned at 7:50 p.m.
At 8:00 p.m. Chairman Robert Witmer called to order the regular action meeting. 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, Lonnie Manai and Shirley Snyder.
Chairman Witmer announced that the discussion of the disc golf course had been postponed from this evening's meeting to the December 17, 2007 meeting. Residents who were in attendance inquired about the reason for the delay and the notification process used to inform the residents. Pam Gural-Bear noted that emails had been sent out on Friday, November 30th, advising of the date change. Residents felt that it was not enough notice, and that they were ready to discuss this matter. Mr. Witmer advised that they could speak during public comment, but that the Board will take no action on this matter until December 17th.
Under public comment, Dan Dunleavy of 1008 Upper State Road read a prepared statement requesting the Board to reconsider their denial of his re-zoning request on November 26, 2007. Mr. Dunleavy provided the history of his attempt to have his property, and several other adjoining properties re-zoned to Business Professional. Mr. Dunleavy's statement was recorded by court reporter Tim Kurek. Mr. Dunleavy stated that his proposal is consistent with the township's Comprehensive Plan. Mr. Dunleavy also stated that Roy Rodriguez as former chairman of the Planning Commission, had previously made comments to support his request for re-zoning, but at last week's re-zoning hearing made comments that contradicted his previous statements. There was some discussion between Mr. Dunleavy and Mr. Rodriguez concerning previous statements. Mr. Dunleavy urged the Board to re-evaluate their previous decision at the December 17th meeting. Roy Rodriguez of 127 County Club Drive requested a copy of the recorded testimony.
AAA Automotive Center owner, George Tradewell requested that hearing for the proposed Towing and Salvage Ordinance scheduled December 17th be rescheduled to a future date. Mr. Tradewell stated that he has been actively working to be included as a towing contractor for the township for ten years, and has now been advised that he will be included and will be sharing the duties with Mike Carr's towing business. Mr. Tradewell noted that the proposed ordinance was drafted without any input from either Mr. Carr or himself, and is one-sided. Mr. Tradewell requested that someone from the township be designated to meet with Mr. Carr and himself to come up with a proposed ordinance that is fair to both sides. The staff will discuss this matter, come up with a designated person, and notify Mr. Carr and Mr. Tradewell. Supervisor Sarosky made a motion to postpone the hearing scheduled for December 17th, to a date certain in January or February 2008. Motion #1 unanimously postponed proposed Ordinance #07-224 until January or February 2008.
Marilyn Tontoni of 219 Mallard Drive commented on the disc golf course at Windlestrae Park. She noted that the Park & Recreation Board is responsible for preserving and protecting open space and for meeting the recreational needs of the residents of Montgomery Township, and doesn't feel as if this is being accomplished. Ms. Tontoni stated that she feels that public space and monies are spent for a small portion of the population for their specialized recreation. Ms. Tontoni also stated that the decision to build the disc golf course was made and implemented without input from residents.
The Board recognized the 2007 Montgomery Township Golf League Champions. Resolution #2 unanimously recognized David O'Brien (Captain), Bill Fisher and Tom Poos. Eric Holmquist was also recognized as the Golf League Administrator. Golf League President, David Keightly was also present.
Pam Gural-Bear provided background information on signage for the township's open space parcels. After some discussion, it was decided that the signs would carry the Montgomery Township logo, the acreage and the year preserved, along with the words "Permanently Preserved Open Space" at the top of the sign. Resolution #3 unanimously approved the signage of the open space parcels.
Merle Ochrach announced that the Board had met earlier in an Executive Session. Personnel and potential litigation were discussed.
The Board considered the 2008 Montgomery Township Municipal Sewer Authority Budget. Supervisor Robert Kuhn inquired whether the installation of sidewalks in front of the treatment plant was included in the budget. Sam Dugan, Chairman of the Sewer Authority, was unable to provide the answer, and stated that question would need to be asked of Sewer Authority Manager, Beverly Brown. Resolution #4 approved the 2008 Montgomery Township Municipal Sewer Authority Budget by a vote of 4 - 0 with Chairman Witmer, a member of the Sewer Authority, abstaining.
Chairman Witmer opened the public hearing for proposed Ordinance #07-225Z -Re-Zoning 150 Hartman Road, at approximately 8:35 p.m. Notes of testimony were taken by court reporter Tim Kurek. Marc Jonas, attorney for the applicant and Engineer Kirk Clauss were present and provided a summary which would allow re-zoning of the parcel from R-1 residential to R-2 residential to permit a three lot subdivision with two buildable lots. Under public comment, Eric Frey of Dischell, Bartle, Yanoff and Dooley and counsel for neighbors, the Maiers and Senours of Citadel Court, inquired when the re-zoning will be effective, if approved tonight. Merle Ochrach stated that it would be effective in five days. Mr. Frey further stated that if the re-zoning is not effective for five days, the conditional use hearing should not be held until after that effective date. Mr. Frey also inquired whether the applicant has offered deed restriction offering open space to the township, and was advised that the township has received nothing in writing. The hearing was closed at approximately 8:50 p.m. Resolution #5 unanimously approved Ordinance #07-225Z - Re-zoning of 150 Hartman Road.
At approximately 8:53 p.m. Chairman Witmer opened the public hearing for the conditional use application for 150 Hartman Road. Notes of testimony were taken by court reporter, Tim Kurek. Marc Jonas, attorney for the applicant noted that with the re-zoning of this property to R-2, the applicant is requesting a conditional use to construct a flag lot on this property. Kirk Clauss, Engineer with Schlosser & Clauss, Inc. explained that Lot #1 is the existing structure, Lot #2 would be a flag lot with a proposed use of a single family residence. The applicant will also be offering a 2.79 acre parcel of land, a portion of which is wetlands, to the township for open space. There was some discussion concerning the softening buffer requirement. Eric Frey inquired whether the township had received a written commitment from the applicant agreeing to the buffer. After considerable discussion, it was concluded that this matter would be better addressed during the land development process. Public comment was made by Randy Maier of 104 Citadel Court, Aimee Senour of 109 Citadel Court, and Joseph Walsh of Fairview Drive. Mr. Maier and Ms. Senour advised that they purchased their present properties based on the fact that the re-zoned property, could never be developed. The neighbors are requesting that as many of the mature pine trees on the property be left in place and not cut down. Kirk Clauss noted that the applicant will follow the requirements of the township ordinance. The Board asked both parties to try to come to a compromise regarding this buffering matter. The public hearing closed at approximately 9:53 p.m. Resolution #6 was amended and approved the conditional use application for 150 Hartman Road by a vote of 3-1 (Witmer, Greenberg and Kuhn voted for - Prousi against), and one abstaining vote (Sarosky). Bruce Shoupe provided a summary of the consideration of landscaping buffer waiver for Ooka Restaurant at 764 Bethlehem Pike. The waiver being requested is for the 25 foot buffer along the adjoining property. The applicant will provide a buffer and a fence along the rear of the property. Gavin Laboski, attorney for the applicant and Richard Mast were present. Resolution #7 unanimously approved the waiver of landscaping buffer for Ooka Restaurant.
Chairman Witmer opened a public hearing for the transfer of liquor license for Ooka Restaurant at approximately 10:03 p.m. Richard Lefchak, attorney for the client and Mr. Wong, the Owner were in attendance. Mr. Lefchak noted that Mr. Wong also owns a successful establishment in the Doylestown area. The restaurant will be an up-scale restaurant. The public hearing closed at approximately 10:09 p.m. Resolution #8 unanimously approved the transfer of liquor license for Ooka Restaurant.
The Board next considered a plan for the Vacchiano sub-division at 1819 Line Street. The applicant proposes to create a three lot sub-division, with access taken from Line Street. Eric Janetka, Engineer and Frank Vacchiano were present and provided a summary of the plan. The Board complimented the owner and engineer for a great plan with creative designing. Resolution #9 unanimously approved the Vacchiano sub-division plan.
Keith Bergman, P.E. and Steven McBrearty of Bohler Engineering provided a summary of the plan for Bell Run Plaza Office Buildings. The applicant proposes to add 15,000 square feet of office space within the existing Bell Run Plaza site on Welsh Road. Resolution #10 unanimously approved the Bell Run Office Buildings plan.
Under the consent agenda, the minutes of the meeting for November 26, 2007, and the payment of bills were approved as submitted. Resolution #11 approved the Montgomery Township Municipal Sewer Authority Tapping Fee Agreements. Resolution #12 approved the conditional use Decision & Order for General Hancock Partnership. Resolution #13 accepted the Deed of Dedication of Open Space for Springville Farms. All consent agenda resolutions were unanimously approved.
There being no further business, the meeting adjourned at 10:40 p.m.