Monday, November 26, 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, Bruce Shoupe and Earl Armitage. Personnel and potential litigation matters were discussed. The Executive Session adjourned at 7:38 p.m.
Chairman Witmer called to order the work session at 7:40 pm. In attendance were Supervisors Greenberg, Kuhn, Prousi, and Sarosky Also in attendance were John Nagel, Merle Ochrach, Pam Gural Bear, Bruce Shoupe, Bill Brightcliffe, and Deb Rivas.
Richard Grier, Technology Manager explained the process to find the best possible and least cost effective means of providing wireless internet access for Township residents at Gazebo Park. Mr. Grier also showed the unit which will be installed at the gazebo in the near future. The plan is to test this setup and investigate additional locations for which wireless access could be provided for residents.
Jonathan Trump provided an update on the status of the bidding process for the Stump Road Fire Station Addition and Renovation. Mr. Trump explained that the bid opening date was changed to December 3, 2007 at 2:00 pm. Mr. Trump will have approximately two weeks to review the bids and make a recommendation. The Board will consider awarding the bids at the meeting on December 17th, 2007. The start date of the project is still set for February 1st, 2008.
Pam Gural Bear updated the Board on the yard waste collection project. The pickup date for 2007 will be on Saturday, December 8th. In addition a dumpster will be located at Windlestrae Park once a month on the fourth Saturday of the month between the hours of 8:00 am and 12:00 pm. A Montgomery Township Public Works employee will staff the dumpster at that time. A public campaign will promote the collection date of December 8th. Next year there will be four pickup dates in addition to the monthly dumpster. Supervisor Sarosky made a motion to accept the contract for leaf waste collection with Allied Waste as approved at the November 26, 2007 Board meeting. Supervisor Kuhn seconded the motion. The motion carried unanimously by a vote of 5 to 0. The work session was adjourned at 7:55 pm.
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, Lt. Gordon Simes, Kevin Costello, Bill Brightcliffe, Larry Gregan, Pam Gural-Bear, Bruce Shoupe, Merle Ochrach, Rick Tralies, Earl Armitage, Lonnie Manai, Stacy Crandell and Deb Rivas.
Stacy Crandall introduced and the Board recognized the fourth class of the Citizens University. Resolution #1 unanimously recognized and commended Varsha Desai, Sue Dessner, Barbara Hudson, Jeffrey Judge and Robert Lee.
Lt. Gordon Simes presented the Police Department commendations as follows:
Resolution #2 unanimously recognized the promotion of Officer Daniel Rose to the Rank of Patrolman III. Resolution #3 unanimously recognized the promotion of Officer Richardo DeJesus to the Rank of Patrolman II. Resolution #4 unanimously recognized the commendation for an outstanding arrest to Sergeant Daniel Mitchell. Resolution #5 unanimously recognized the commendation of Officer Glenn Davis and Canine Aston for their outstanding achievements at the 2007 United States Police Canine Association Region 6 Field Trials. Resolution #6 unanimously recognized the commendation of Officer Robert Hart and Canine Jammer for their outstanding achievements at the 2007 United States Police Canine Association Region 6 Field Trials. Resolution #7 unanimously recognized the commendation to the following Police Personnel for their assistance and participation in the USPCA Region 6 Field Trails: Sergeant J. Scott Bendig, Officer Gerald Dougherty, Detective Ward Thomas, Detective Edward Davies, Detective Michael Solis, Officer Robert Johnson, Officer John McGready, Officer William Peoples, Officer Joseph McGuigan, Cadet Adam Duessing, Dispatcher Jeffrey Sarnocinski, Dispatcher Becky Smith and Secretary Nicole Dietsch. Resolution #7 also recognized and commended Lt. Gordon Simes and Lt. Mark Houghtaling for their outstanding coordination, assistance and participation in the USPCA Region 6 Field Trials. Resolution #8 unanimously recognized the commendation of Canine Officer Glenn Davis for an outstanding criminal investigation on August 17, 2007. Resolution #9 unanimously recognized and acknowledged the Commendation of Merit which was awarded to Officer Gerald Dougherty and Canine Fox from the Lansdale Police Department for their apprehension and arrest of a subject in an attempted murder. The Montgomery Township Police Department lost the services of Canine Fox while on duty in August, 2007. Resolution #10 unanimously commended Canine Fox for his outstanding service to the Montgomery Township Police Department from 2000 to 2007.
Fire Services Director Bill Brightcliffe and the Board of Supervisors formerly commended Fire Department of Montgomery Township Fire Chief Dave Vasconez and President Bernie Heinze for their years of service to Montgomery Township in leading the volunteer fire department during the first five years. Plaques were presented by the Board and resolution #11 unanimously commended Chief Vasconez and President Heinze.
Finance Director Larry Gregan announced that the Township's Durational Accountant, Gwen Bryant, would be joining the Township full time as an Accounting Associate. Resolution #12 unanimously welcomed Ms. Bryant to the staff.
Under public comment, Richard Roller of 1142 Knapp Road, representing the Montgomery Township Historical Society, announced to the Board that the MTHS would be holding its annual Christmas party as an Open House this year at the Knapp Farm House. The open house will be by invitation and it will be held on Sunday, December 16, 2007 from 1:00 pm to 4:00 pm.
Also under public comment, John Blasko of 134 Mallard Drive indicated that he was very concerned about the Disc Golf Course behind his property which appears to have been installed not as it was designed or planned. Mr. Blasko indicated that property owners had not been notified of the proposed installation and he also inquired as to whether or not an environmental impact study had been completed. Mr. Blasko requested that the course be closed until a study was completed. The Board recommended that the Park Board members review the situation and provide feedback to the Board of Supervisors. Kevin Costello commented that there were field changes made as the course was being installed to support the environmental impact, such as not crossing wetlands. Supervisor Sarosky asked that the project be reviewed. Dave Hansell of 130 Mallard Drive said that he objects to the course being installed. Mr. Hansell indicated that the residents want the course relocated. There was discussion about small groups of residents using the course as opposed to large tournaments. Pam Gural-Bear indicated that any major tournaments with 25 people or more would require prior Township approval. The Board directed that the usage of the course be curtailed, by perhaps removing some of the baskets, until such time as the Park Board can review the project and make a recommendation to the Board.
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 8:48 p.m. for proposed Ordinance #07-222Z - Business Professional District - Text Amendment. Notes of testimony were taken by court reporter Tim Kurek. Marc Jonas and E. Van Rieker made a presentation discussing the proposed text amendments to the Business Professional District. The amendments include that principal residence use is limited to one single family detached dwelling on an individual lot. Special regulations to be followed when a BP district abuts a residential district include no building height exceeding two stories; no building exceeding a total floor area of ten thousand (10,000) square feet, screen buffering and architectural style and façade treatments. The Board inquired about cell tower restrictions and the staff responded that those amendments would be added in the immediate future. Under public comment, John Dzurko of 117 Matthew Drive stated that he was against any changes to the zoning. Mr. Dzurko was instructed that this particular hearing was for the text amendment for the BP district only and that he could make his comments during the next public hearing. Mrs. Mi Hwa Shunny Kim of 115 Matthew Drive stated that she was concerned about additional traffic and also concerned about the impact on the wildlife in the area. After additional discussion, Resolution #13 unanimously approved Ordinance #07-222Z for the text amendment.
Chairman Witmer opened the public hearing at 9:26 p.m. for proposed Ordinance #07-228Z - Dunleavy Rezoning Request - Business & Office Professional. Notes of testimony were taken by court reporter Tim Kurek. Marc Jonas indicated that this hearing was to request that a select group of parcels located at the intersection of Horsham and Upper State Roads be rezoned from R2 to Business Professional. Mr. Jonas asked that comments from the previous hearing be incorporated into this one as they are relevant to the discussion. Mr. Jonas indicated that this is an appropriate change in zoning for these properties and is in accordance with the Township's comprehensive plan. Some Board members suggested that this was an appropriate and best use for these properties. Under public comment, John Dzurko of 117 Matthew Drive stated his concerns about having such a development in his backyard, increased traffic and the devaluing of the homes in his development. Mr. Dzurko urged the Board to deny the rezoning application. Roy Rodriquez of 127 County Club Drive stated that he was a former member of the Planning Commission and that he wanted to provide a brief history to the Board. Mr. Rodriguez indicated that back in 1996-1997, a resident along Horsham Road approached the Township with regards to allowing for home based businesses, such as a chiropractic office. The Planning Commission looked at Horsham Road as a transitional location for such business. Mr. Rodriguez stated that the intent was more in line with a home occupation zone rather than business professional. Mr. Rodriguez stated that although he was not against rezoning this property, he suggested that the Board not rezone this one piece at this time, but to step back and clean up the Business Professional ordinances and take a more comprehensive look at Horsham Road in it's entirety. Lorraine Schell of 119 Matthew Drive stated that she picked her lot for a special reason, the traffic is out of control and the values of the homes are going to go down if office buildings are developed in their backyards. Kevin Logan of 121 Matthew Drive stated that any kind of buffering will not work and no one would want that type of development behind their home. Mrs. Mi Hwa Shunny Kim of 115 Matthew Drive summed up her comments by saying that first they had to face the 202 Bypass/Parkway issues and now they have to face this as well. The public hearing closed at 9:57 p.m. After the vote, Resolution #14 denied the rezoning request for Daniel Dunleavy by a vote of 3 to 2 (Prousi, Witmer and Sarosky voting no and Kuhn, Greenberg voting yes).
Merle Ochrach indicated that the legal notice for the Towing and Salvage Ordinance was not properly advertised by the newspaper. Therefore, the ordinance will need to be authorized for advertisement under the consent agenda for the December 17, 2007 meeting.
Chairman Witmer opened the public hearing at 10:00 p.m. for a Liquor License Transfer for Sohnji, LLD - T/A Korean BBQ, located at 1222 Welsh Road. Notes of testimony were taken by court reporter Tim Kurek. William Shehwen, representing the applicant, provided the application and a description of the restaurant, including the hours of operation. The Board questioned whether liquor could be purchased for takeout and Mr. Shehwen indicated that liquor would be served to patrons eating at the restaurant. As there is another liquor location in the Assi Plaza, the landlord is restricting the take out sales of any liquor to that establishment. As such, the only possibility of take out liquor would be limited to two six packs and only if the existing establishment went out of business. After a brief discussion, Resolution #15 unanimously approved the liquor license transfer for the Korean BBQ.
Under the consent agenda, the minutes of the meeting for November 12, 2007, and the payment of bills were approved as submitted. Resolution #16 approved the extension request for the General Hancock Partnership - Hotels. Resolution #17 authorized the Township Manager to advertise for a public hearing for liquor license transfer for Ooka Restaurant (formerly Blockbuster) at 764 Bethlehem Pike. Resolution #18 authorized the Township Manager to advertise for proposed Ordinance #07-224Z Towing and Salvage Ordinance for the meeting on December 17, 2007. All consent agenda resolutions were approved unanimously.
Mr. Sarosky asked that a date be set for additional text amendments for the Business Professional zone. Ms. Ochrach indicated that it was a little too soon to set a date as the amendments would need to be created and then reviewed by the various agencies. Mr. Sarosky asked that this process start immediately.
There being no further business, the meeting was adjourned at 10:25 p.m.