MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
JANUARY 24, 2005
At 7:00 p.m. Chairman Pete Greenberg called to order the Executive Session. In attendance were Supervisors Kuhn, Prousi, Sarosky and Witmer. Also in attendance were John Nagel, Merle Ochrach, Chief Richard Brady and Susan Menno. Personnel and litigation matters were discussed. The Executive Session adjourned at 8:00 p.m.
At 8:01 p.m. Chairman Greenberg called the work session to order. In attendance were Supervisors Kuhn, Prousi, Sarosky and Witmer. Also in attendance were John Nagel, Gerald Grover, Kevin Costello, Merle Ochrach, John Chambers and Deb Rivas.
The first item of business was a discussion regarding an existing emergency access located in the Montgomery Lea development. Several residents are concerned that the access will invite perpetrators into the neighborhood. These residents would like to see the post and chain removed and a privacy fence installed. Fire Services Director Jerry Grover visited the site and said that the emergency access was not necessarily needed as the development now had two access points. Supervisor Kuhn said that he was concerned that if Buckingham Lane was blocked for some reason, then fire equipment would not be able to get through to this part of the development. After some discussion, the Board asked Kevin Costello to locate the plan and determine who owns the parcel of land that the access is located on. The Board tabled this discussion until the next meeting.
The next item on the work session concerned Township resident William Cooper’s drainage problem. John Chambers said that he had met with Mr. Cooper and discussed his concerns. Mr. Chambers said that Mr. Cooper stated that any additional water that may be created as a result of the pending construction of the fire station and office buildings will be a detriment to Mr. Cooper and his family. Mr. Chambers clarified that the plans for the construction of the fire station and office buildings meet all the codes of the Township. Some
Board members were concerned about the perception of spending taxpayer money for a private citizen’s drainage problem. Other Board members felt that the Township basins may be part of the problem and perhaps they should be checked to see if they are functioning properly. After some further discussion, it was agreed that the Board did not feel comfortable with making any decisions without hearing directly from Mr. Cooper. The Board asked John Nagel to invite Mr. Cooper to the next Board meeting. The work session adjourned at 8:23 p.m.
At 8:25 p.m. Chairman Greenberg called the regular meeting to order. In attendance were Supervisors Kuhn, Prousi, Sarosky and Witmer. Also in attendance were John Nagel, Mike Solomon, Richard Brady, Kevin Costello, Gerald Grover, Monica DeCaro, Andrea Collins, Merle Ochrach, John Chambers, Phil Wursta, Rick Tralies and Deb Rivas.
The first order of business was the appointment and swearing in of a new Open Space Committee member. Resolution #1 unanimously appointed James Rall to the Open Space Committee.
Recreation Program Leader Leia Collins announced that the Township had sponsored a Holiday Lights Contest and was pleased to present the winners with certificates of recognition. Resolution #2 unanimously recognized Bob Menno, Greg Thomas, Kim Webster, Tom Coffey, Edith Lynd, Jerry Gaul, Susan Shaw, Ed Pratt and Kelvin Taylor as the winners of the 2004 Holiday Lights Contest.
Jerry Grover announced that the Township had sponsored a summer Golf League and that the Township wished to recognize the efforts of Eric Holmquist for volunteering his time as coordinator for the golf league. The Township also wished to recognize the grand champions for 2004. Resolution #3 unanimously recognized Eric Holmquist, District Judge David Keightly, Barry Hackert, Dave Busch and Jack Campbell.
Public Information Coordinator Andrea Collins made a presentation on the proposed citizens’ survey previously approved by the Board. Ms. Collins requested input from the Board on the survey method and questions. Discussion and comments followed and several changes were suggested. Under public comment, Richard Chillemi of Major Drive said that one of the survey questions prompted him to ask if it was a foregone conclusion that residents should expect a tax increase for traffic improvements if the 202 Bypass is not completed. The Board concurred that they will have to provide significant traffic relief to the Township if the Bypass is not built, and that it is most likely that future traffic improvements will need to come from Township taxes. Mr. Chillemi was in favor of leaving the question in the survey for residents to ponder this situation. Resolution #4 unanimously approved the residential survey and recommended survey method at a cost not to exceed $13,500.
Merle Ochrach announced that the Board had met in an Executive Session earlier this evening to discuss matters of personnel and litigation. The litigation matters discussed were the Land Development Appeal of Franklin Montgomery Associates and Franklin Services Corporation, t/a Franklin Montgomery Association vs. Montgomery Township, the Franklin Realty Mandamus Action and Civil Action as well as a Franklin Realty invoice dispute.
There was no public comment for any items not listed on the regular agenda.
Under the Manager’s Report, John Nagel provided an update on the fire station bidding process. Mr. Nagel said that the Township was pleased by the number of prospective bidders and that the bid opening will be on Friday, January 28, 2005 at 3:00 pm. Mr. Nagel also announced that the Pension Committee had recently met to consider investment policy changes. The police pension plan portfolio exceeds $6 million in assets. The Committee recommended that the Township use a Request for Proposal process to interview and recommend an investment advisory firm to oversee all fund managers for the police pension plan.
Mr. Nagel provided an update on the efforts to promote the 202 Bypass. The Township hosted the 202 Executive Committee recently. At this meeting, Deputy Secretary of PennDOT, Larry King, disclosed that Secretary Biehler received additional information from PennDOT’s consultants on the study. Mr. King said that the State will present the report at “community meetings” to solicit input from the public. Andrea Collins provided an update on the 202 on-line survey which showed overwhelming support for the Bypass.
There were no Voluntary Advisory Committee Reports presented at the meeting.
Chairman Greenberg opened the public hearing for proposed Ordinance #04-191Z for Amendments to the Mobile Home Park & Residential Golf Course Districts at 9:20 p.m. Notes of testimony were taken by Court Stenographer Cole Schenk. E. Van Rieker presented the proposed language updates to the ordinance. Under public comment, Sam Dugan of 143 Pine Crest Lane inquired about deed restriction language concerning parking. Mr. Rieker and Ms. Ochrach explained that the deed restriction language was in the original ordinance. Resolution #5 unanimously approved the amendments to the Mobile Home Park and Residential Golf Course Districts.
Chairman Greenberg opened the public hearing for the proposed rezoning of Routes 63 and 202 from Limited Industrial to Commercial at 9:32 pm. Notes of testimony were taken by Court Stenographer Cole Schenk. Marc Jonas and John Zaharchuk of Summit Realty explained that the hearing had been continued so that the applicant could voluntarily address a Declaration of Covenants. The applicant approached the other two current parcel owners and had them approve a covenant which would limit various coverages on the property if it were zoned to C-Commercial. There was some discussion and hesitation by the Board concerning a right to extinguish the restrictions if certain approvals were not achieved within a twelve month period. Mr. Jonas stated that the Board always had the option to rezone the parcels back to their previous state if they so desire. After considerable discussion, Resolution #6 unanimously approved Ordinance #04-189Z - rezoning of parcels at Routes 63 and 202 from Limited Industrial to Commercial.
Tom Calhoun of Moulton Builders presented his plan for consideration for Country Lane Estates. Mr. Calhoun requested two waivers, one for sidewalks due to the reduced right-of-way of Country Lane, and the requirement to show features on the plan within 400 feet of the site. Supervisor Kuhn requested that Mr. Calhoun place sidewalks on at least one side of Country Lane, but Mr. Calhoun said that was not possible. After some discussion, Resolution #7 approved the consideration of plan for Country Lane Estates by a vote of 4 to 1, with Supervisor Kuhn voting No.
Robert Blum of Marcor Enterprises presented his plan for 1010 Lansdale Avenue. The plan calls for the subdivision of a 3 acre property into three building lots. The existing house it to remain and two new houses are proposed on the rear lots. Fire Marshal Gerald Grover expressed his concern over the proposed widths of the driveways for the rear lots. The applicant showed the driveways at twelve feet wide. Mr. Grover indicated in his review letter that the driveways should be at least 18 feet wide, but during discussions at the meeting, it was agreed that the width of 16 feet would be acceptable. Resolution #8 unanimously approved the consideration of plans for 1010 Lansdale Avenue.
Chairman Greenberg opened the public meeting for proposed Ordinance #04-193, an amendment to Section 43-1, Tax Collector Salary. Merle Ochrach explained that it had been several years since the Township had amended the tax collector salary and noted that the Board is only permitted to make this change prior to February 15th of the election year of the tax collector, or every four years. Under public comment, Patricia Gallagher said that she appreciated that the Board was recognizing the issue of compensation for the tax collector and that she was looking forward to a positive relationship with the Board. Resolution #9 unanimously approved Ordinance #04-193, amendment to Section 43-1, Tax Collector Salary to $10,000 to be effective January 1, 2006.
The next item of business was a discussion concerning a drainage matter at the Route 309 entrance to the Pine Crest Development. The Klein Company has requested support from Chambers Associates in the construction of a storm water drain, including some survey work. Mr. Chambers has estimated that his scope of work would not exceed $750. Several Board members objected to using taxpayer funds for a private property drainage matter. Other Board members argued that this matter was a public traffic safety hazard as the pooling water caused vehicles to slow down or swerve abruptly. After considerable discussion and suggestions for who would make the payment to Mr. Chambers, the majority of the Board agreed that the Township should pay Mr. Chambers up to $750, if the Klein Company was willing to spend over $20,000 to solve the problem.
Under the consent agenda, the minutes of meeting for January 3, 2005 and the payment of bills were approved as submitted. Resolution #10 approved the award of bid for the 2005 Curb and Sidewalk project to Oliveri and Associates in the amount of $114,877.68. Resolution #11 approved the Montgomery Township participation in the 2005 Novachip bid with the Montgomery County Consortium. Resolution #12 authorized the Township Manager to advertise for bids for the Chain Link Fence/Backstop for Fellowship Park. Resolution #13 authorized the Township Manager to advertise for a public hearing for proposed Ordinance #05-194Z - Rezoning of Fox Tract for February 28, 2005. Resolution #14 authorized the Township Manager to advertise for a public hearing for proposed Ordinance #04-190Z - Residential Zoning District Amendments for February 28, 2005. Resolution #15 approved the fence easement agreement for 338 Abbey Lane. Resolution #16 authorized the actuarial study for the police pension plan. Resolution #17 approved the extension request for 110 Country Lane. Resolution #18 approved the land development agreement for 508 Cowpath Road. Resolution #19 approved the application for permit to install and operate flashing warning devices for the proposed firehouse on Route 202. All consent agenda resolutions were approved unanimously.
Under other business, Merle Ochrach mentioned that a public hearing had to be postponed from this evening’s meeting because The Reporter had failed to properly advertise the meeting. Ms. Ochrach also mentioned other instances where this has occurred in the past. The Board asked Mr. Nagel to draft a letter to the Reporter from the Board of Supervisors expressing their concern with this matter.
Also under other business, Supervisor Kuhn asked the staff to research flag lots and their impact on development.
There being no further business, the meeting adjourned at 10:55 p.m.