MINUTES OF MEETING
JULY 12, 2010
At 7:00 p.m. Chairman Joseph Walsh called to order the executive session. In attendance were Supervisors Birch, Chimera and McDonnell. Supervisor Michael Fox was absent. Also in attendance were Frank Bartle, John Nagel, Richard Brady, Larry Gregan and Bruce Shoupe. Items of potential litigation and personnel were discussed.
At 8:05 p.m. Chairman Joseph Walsh called to order the action meeting and led the pledge of allegiance. In attendance were Supervisors Birch, Chimera and McDonnell. Supervisor Fox was absent. Also in attendance were Frank Bartle, John Nagel, John Chambers, Bruce Shoupe, Lawrence Gregan, Kevin Costello, William Brightcliffe, Richard Brady, Stacy Crandell and Shirley Snyder.
Under public comment, Roy Rodriguez, representing the Shade Tree Commission inquired about the approved project for a trail connecting Memorial Grove and Usher Lane, and the milling associated with the project. Kevin Costello stated that Public Works would like authorization from the Board to proceed with the work. Motion #1 authorized Public Works to proceed with the milling of the trail. The motion was made by Chairman Joseph Walsh, and was seconded by Supervisor Jeff McDonnell with a vote of 4 - 0 (Supervisor Fox was absent).
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting to discuss personnel matters and matters of potential litigation. These matters are permissible in executive session under the guidelines of the Sunshine law.
Chairman Walsh announced that the Police Commendation will be moved to the July 26th meeting, as Lt. Simes was unable to attend this evening's meeting.
At 8:09 p.m. Solicitor Frank Bartle opened the public hearing for the Liquor License Transfer for Bertucci's Restaurant. Notes of testimony were taken by court reporter, Tim Kurek. Mr. Bartle read the resolution into the record. Kevin Bakus and Matthew Hyland of Bertucci's and Richard Nasca of the Skene Law Firm were present to provide information and answer any questions. Mr. Nasca stated that Bertucci's is looking forward to coming to Montgomery Township. The restaurant will be located in the Mall parking lot, near the K & G store on Route 309. Chairman Walsh inquired as to the expected opening date. The anticipated opening will be in mid November. The public hearing was closed at 8:17 p.m. Resolution #1 unanimously approved the liquor license transfer to Bertucci's Restaurant.
Stacy Crandell made a presentation on upcoming seminars being considered by the Senior Committee. The committee is recommending the following seminars: Long-Term Care Insurance Seminar; Senior Safety Seminar; and Reverse Mortgages and/or Credit Counseling Seminars, to be held in the fall at the Township building. Supervisor Jeffrey McDonnell commended Stacy and the Senior Committee for all the activities and events that they have hosted and for the upcoming events they are planning. Chairman Walsh suggested that these seminars be videotaped and broadcast for those who are unable to attend. Resolution #2 unanimously approved the Senior Volunteer Committees 2010 Fall Seminars.
A plan to build a McDonald's restaurant at the Montgomery Commons Shopping Center was discussed. Christen Pionzio, Esq. of Hamburg, Rubin, Mullin, Maxwell & Lupin, Mike Jeitner of Bohler Engineering and John Mason of McDonald's Corp. were present at the meeting. Ms. Pionzio noted that the applicant had reviewed the plans and are good with the resolution. Mike Jeitner provided an overview of the project including location within the shopping center, and noting that there will be no modifications to the access roads. Bruce Shoupe noted that the consultants are in support of the waivers being requested. Ms. Pionzio requested a minor change in the resolution, asking that it be stated that preliminary/final approval be noted. After some discussion, Resolution #3 unanimously approved the land development for McDonald's restaurant.
Consideration of a two lot subdivision at Upper State Road and Canterbury Lane was introduced by Fran Lewandowski, Realtor, representing the applicant, Flynn/Decker. The applicant is seeking consideration for the plan to create a minor subdivision and create a new single family dwelling on the second lot. Mr. Lewandowski noted that the applicant is fine with everything as outlined in the resolution. There was a question, by the applicant, as to who would be responsible for filling in some of the areas due to the widening of Upper State Road. The Township may be asked to take care of filling these areas. Resolution #4 unanimously approved the two lot subdivision at Upper State Road and Canterbury Lane.
John Chambers provided an update on the TMDL implementation plan for the Wissahickon Creek. The TMDL requires municipalities to implement actions to improve water quality to reduce sediment. A meeting will be held on Thursday, July 15th with various municipalities managers/engineers to discuss how separately and collectively ideas can be incorporated in a plan that can be used to assist in working with the DEP on this matter. Mr. Chambers noted that DEP is providing seven options to comply with the regulations, only two of which will work for Montgomery Township. The Township must complete the application by September 10, 2010 and commit to what the Township is planning to do. This matter will be placed on the July 26th agenda for further discussion.
Chairman Joseph Walsh stated that there was a revision to the June 28th minutes with regard to Resolution #5. The June 28, 2010 minutes will be revised to read: Resolution #5 reaffirmed the Acceptance of the Pro-Tanto payment per section 307 of the Eminent Domain Code from the Pennsylvania Department of Transportation for right-of-way and/or land owned by the Township in conjunction with the Route 202 Parkway project and that the Chairman, Joseph P. Walsh is authorized to execute the required documents on behalf of the Township for PennDOT.
Under the consent agenda the minutes were approved to include the above stated revision and the payment of bills were approved as submitted. Resolution #5 unanimously approved the expenditure of $1,789.06 as the Township's share of the Montgomery County TCC's 2010 Budget.
There being no further business, the meeting was adjourned at 8:44 p.m.