MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
FEBRUARY 28, 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, and Chief Richard Brady. Personnel and litigation matters were discussed. The Executive Session adjourned at 7:50 p.m.
At 7:52 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, Merle Ochrach, Gerald Grover, Kevin Costello, Mike Solomon, Andrea Collins, and Shirley Snyder. The Beechwood drainage issues were discussed. John Nagel provided an overview of the issues brought to the township by Ginny Petro-Roy. Tom Calhoun sold his three lot subdivision project in the Beechwood neighborhood to Regent Valley Builders. As these lots have been developed, neighbors have claimed that severe drainage problems have resulted over the past year. Merle Ochrach advised that Chambers Associates has a possible solution to the problem. Ms. Ochrach suggested that all parties involved, agree to pay for a portion of the estimated cost, and resolve the issue amicably, without going to litigation. Robert Gordon of 102 Old Oak Tree Road expressed his displeasure with the property owners paying for any portion of the suggested solution. Mr. Gordon stated that the existing problem was not caused by the homeowners, but is a result of the development of two properties, and the grading done by the contractor. Susan Gordon of 102 Old Oak Tree Road stated that there has been ice in the street since November, as a result of this drainage issue. The resulting ice is causing a safety hazard for the residents. Supervisor Robert Kuhn inquired whether Regent Valley Builders had complied with the plans as approved by the Board of Supervisors. Merle Ochrach will discuss the matter with Regent Valley Builders, and Mike Solomon will review the plans with Chambers Associates. John Nagel agreed to be the contact person for further discussions. The work session adjourned at 8:14 p.m.
At 8:18 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, Richard Brady, Kevin Costello, Gerald Grover, Monica DeCaro, Andrea Collins, Merle Ochrach, Michael Solomon, Phil Wursta, and Shirley Snyder.
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 Franklin Realty Land Use Appeal, Water Tower Square Land Use Appeal, in addition to personnel items.
There was no Manager’s Report at this evenings meeting.
Annual Reports were presented by Richard Roller and Jonathan Trump. Mr. Roller submitted reports for the Montgomery Township Historical Society and the Northern Montgomery County Recycling Commission. Mr. Roller reported that the main focus of the Historical Society for 2004 had been the acquisition and restoration of the Knapp House. The deed was transferred to the Historical Society in August, and the process of restoring the house is just beginning. Reporting for the Northern Montgomery County Recycling Commission, Mr. Roller stated that Montgomery Township has done a magnificent job with recycling, but more can be done to increase our efforts. Jonathan Trump, Chairman of the Planning Commission provided highlights of his previously submitted report. Mr. Trump advised the Board that two members, Roy Hyman and Diana Hamilton have left the Planning Commission, and two new members, Susan Menno and Eric Phillips, have recently been appointed. Mr. Trump highlighted the committee’s 2005 expectations, and stated that the current trend will be in re-developing existing properties, and in re-zoning of properties, rather than new development.
John Nagel provided an update on the Route 202 Parkway. On February 16, 2005, PennDOT presented a concept for a two-lane, limited access parkway in the preserved right-of-way for the Route 202 Bypass. The proposal calls for twelve at grade intersections, buffer of trees and green space along the Parkway, and a trail or path along the entire length of the Parkway. PennDOT’s recommendation also included options for local road improvements. It has been recommended that the communities affected by the proposed Route 202 Parkway write a letter to PennDOT clarifying several points from the briefing, and requesting a future meeting to discuss the proposal. Mr. Nagel also stated that the Township is encouraged by PennDOT’s interest in working with local municipalities. Supervisor Robert Kuhn stated that it might be premature to sign the letter, as a Route 202 meeting is scheduled for March 3, 2005. It was suggested that any comments concerning the “draft” letter be emailed to Andrea Collins for review. Supervisor Robert Witmer recommended that the letter should stress the “sense of urgency” in moving forward and completing this project. Resolution #1 unanimously approved the concept to send a letter to PennDOT concerning the Route 202 Bypass.
A discussion was held on the Citizens’ Survey. It was brought to the attention of the Board, that the Park & Recreation Board would like to have input into the survey. The Board commented that if one committee has input into the survey, then all committees would have to be given the same opportunity. With the release of PennDOT’s study on the Route 202 Parkway, Section 700, the corresponding section of the Citizen Survey will require slight revisions. Under public comment, Jeff Larsen of 114 Thames Drive, and also a member of the Park & Recreation Board, expressed several concerns with the survey, including the fact that the Park & Recreation Board was not given an opportunity to provide questions to be included in the survey. Mr. Larsen suggested that the survey should include questions asking residents what Park & Recreation services they would like to see in Montgomery Township, in addition to what is currently being offered. The Board stated that the survey is meant to provide questions for an overall view of the township, not be specific to committees. The Board has given approval of the “draft” survey, pending the revisions requested by the Board at the February 14, 2005 meeting, and tonight’s recommendations. Andrea Collins estimated the survey should be completed within two to three weeks.
There was no public comment at this evenings meeting.
At 9:00 p.m., Chairman Greenberg opened the public hearing for Proposed Ordinance #05-194Z – Rezoning of Fox Tract to R-3 Residential. Notes of testimony were taken by Court Stenographer, Cole Schenk. Planning Consultant, Mike Solomon provided an Executive Summary whereby the applicant is requesting the rezoning of the Fox Tract to R-3 residential. This rezoning would allow townhouses, which the applicant is proposing 120 units in Montgomery Township. Marc Jonas, of Eastburn & Gray, P.C. and attorney for the applicant, stated that the proposed plan concept has the support of the Montgomery Township Planning Commission and the Montgomery County Planning Commission, and is consistent with Montgomery Township’s Comprehensive Plan. Planning Consultant for the applicant, E. VanRieker gave a thorough presentation of the proposed development of the property. The proposed plans will provide sidewalks to the SEPTA rail station and will implement a trail system from Autumn Woods to Whistlestop Park. Mr. VanRieker also advised the Board that all the roads within the proposed development will be private roadways. Phil Wursta of Pennoni Associates questioned the potential need for a bridge on the access road. Under public comment, Mike Hagen of 106 Crystal Road stated that a bridge will be necessary. Mr. Hagen also commented that he and his family would prefer to have the property developed as industrial, rather than residential. The hearing concluded at 10:11 p.m. Resolution #2 approved Ordinance #05-194Z – Rezoning of the Fox Tract to R-3 Residential, by a vote of 3 – 2, with Supervisor Prousi and Supervisor Witmer voting no.
At 10:27 p.m., Chairman Greenberg opened the public hearing for Proposed Ordinance #04-190Z – Residential Zoning District Amendment. Notes of testimony were taken by Court Stenographer, Cole Schenk. Planning Consultant, E. VanRieker provided highlights of the proposed Ordinance, stating that the focus is on residential zoning districts language amendments. The hearing concluded at 10:22 p.m. Resolution #3 unanimously approved Ordinance #04-190Z – Residential Zoning District Amendment.
An Executive Summary of the Consideration of Plan for Raymond Au was presented by Planning Consultant, Mike Solomon. Mr. Au is requesting several waivers, including sidewalks and parking in the buffer area. Andrew Schlosser of Schlosser & Clauss Consulting Engineers, Inc., and Mr. Raymond Au were present to answer questions and provide clarification of the plan. Mr. Au is proposing to operate a Chinese buffet restaurant at this location on Route 309. There is potential for further development on the site at a future time. The Board had several questions concerning the proposed plan, including sidewalks, parking issues, traffic signal, lighting, and replacement trees. Under public comment, David and Kathleen Arnold of 318 Country Club Drive questioned whether the existing trees would remain as a buffer. Mr. and Mrs. Arnold also requested that consideration of the nearby residents be given in respect to the type of lighting that may be used on the site, and the length of time the lights will be on. Mr. Au agreed to comply with Montgomery Township’s Engineer’s specifications for low level lighting, and advised that only security lighting will be on all night long. After considerable discussion, the Board tabled this matter. The applicant will address the issues and concerns set forth by the Board and will return at a future meeting.
John Nagel provided the Budget Status as of December 31, 2004 to the Board. The Finance Department has completed its un-audited 2004 financial statements. Significant excess revenues were received in Real Estate Transfer Taxes and Earned Income Taxes. Significant savings were realized in wages and benefits (postponed replacement of four police officers) and outsourced building inspections.
Under the consent agenda, the minutes of meeting for February 14, 2005 and the payment of bills were approved as submitted. Resolution #4 unanimously approved the 2004 Fourth Quarter Budget Amendment to reflect the changes designated, in the net (surplus) amount of $191,500, and authorized the transfer of $1,500,000 from the 2004 surplus in the General Fund to the Capital Reserve Fund. Resolution #5 approved the Capital Reserve Fund – End of Year Re-Designation, designating $1.5 million in Capital Reserve Funds for the following projects: fire sub-station – 202, $500,000; new fire truck, $450,000; fire station renovation, $200,000; 202 Parkway, $100,000; and Park Improvements, $250,000. Resolution #6 unanimously appointed Monica DeCaro, Finance Director-Treasurer and Ann Shade, Human Resources Director as the Pension Plan Co-Administrators of the Police Pension Plan, the 401(a) Plan and the 457 (b) Plan. Resolution #7 unanimously approved extension request for Nolan Brothers. Resolution #8 unanimously approved the disposition of old Code Enforcement Files as set forth in the Municipal Records Manual approved July 16, 1993. Resolution #9 unanimously authorized the Township Manager to advertise for bids for concrete work for fire sub-station. Resolution #10 unanimously approved escrow release for Clayton Hill II, Resolution #11 unanimously approved escrow release for Hampton Greene, and Bharatiya Temple escrow release was unanimously approved by Resolution #12. Resolution #13 unanimously approved extension request for Best Western Hotel.
There being no further business, the meeting adjourned at 11:10 p.m.