MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

MAY 23, 2005

At 7:00 p.m. Chairman Greenberg called to order the Executive Session. In attendance were Supervisors Kuhn, Prousi, Sarosky and Witmer. Also in attendance were John Nagel and Merle Ochrach. Personnel and potential litigation matters were discussed. The Executive Session adjourned at 8:07 p.m.

At 8:10 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, Carol Tukey, Merle Ochrach, John Chambers, Rick Tralies and Deb Rivas.

There was no public comment for items not listed on the regular agenda.

Merle Ochrach announced that the Board met in an executive session earlier this evening to discuss matters of potential litigation and personnel.

A discussion was held concerning the Doylestown Road basins and a report generated by John Chambers. John Nagel explained that a copy of the study was provided to William Cooper after the last meeting. Mr. Chambers made a brief presentation concerning his report and his recommendations. Doug Blazey, Esquire, and Glenn Eby, P.E. represented Mr. Cooper and read a testimonial letter which was a response to the Chambers study. Mr. Cooper’s representatives requested that the study be expanded to include a hydrological study of the basins and how they work together. Mr. Blazey requested a staff meeting with Mr. Chambers and members of the Township staff to discuss the study and other options that may be available to alleviate this water problem. Mr. Blazey also indicated and Mr. Cooper later affirmed that Mr. Cooper would be willing to donate up to ¾ acre of his land to construct a basin or other feature to work towards a solution to the drainage problem. Mr. Chambers characterized the problem as more of an erosion problem rather than a drainage problem. After considerable discussion, it was agreed by the Board that Mr. Chambers should proceed with his first, second and third recommendations and obtain an estimate on what it would cost to perform the fourth recommendation. The Board concluded that the first three recommendations are primarily the responsibility of the Township and are tasks which should be completed regardless of whether or not a water problem exists. The Board is concerned about setting a precedent of addressing problems on private property; however, the first three recommendations would go towards helping solve a potential public safety problem which exists on Doylestown Road. The final recommendation was for Mr. Chambers to meet with Mr. Cooper and his representatives, along with appropriate Township staff, to discuss, design and make recommendations to the Board going forward.

A continuing discussion was held concerning a possible open space transaction for the Horvath tract. Merle Ochrach said that she contacted County Open Space representatives and discussed the restrictions placed on the property that the Township acquired with County Open Space funds. The restrictions include the preservation of natural vegetation and other environmentally sensitive issues. It is possible for the Montgomery Township Board of Supervisors to petition the County to overthrow the restrictions; however, that was not a favorable recommendation. It appeared to Ms. Ochrach that grass fields and pick up games could be permitted, however, she has called John Wood to discuss this option further. It appeared that there were some conflicts in the documents with regards to altering the property, yet allowing for the building of a recreational building. Supervisor Kuhn said he recently visited the site and provided pictures of the area which have become a dump site for various types of building materials. Under public comment, Mike McGuire of 111 Tudor Drive and President of the Montgomery Township Baseball and Softball Association said that approximately 1200 Township youth participate in the MTBSA and that the current number of available fields will not support the number of players. Chuck Vesay of 202 Livingston Court and President of the Montgomery Soccer Association said that as new homes are being developed, more children are coming to Montgomery Township who want to participate in soccer and therefore, there is a demand for more space to play. The Board asked both sports representatives to provide a plan and make a presentation to the Board which would indicate their needs over the next five years. The Board also indicated that there were other open space parcels in the Township that could be utilized for playing fields. The Board said that it was not against children playing sports, but that there were rules and restrictions placed on the Horvath tract that were agreed to years ago. Bill Maule, Chairman of the Montgomery Township Park and Recreation Board, indicated that if the Township could plant grass seed where the cornfield was located and use the three acre parcel owned outright by the Township as a parking lot, then the grass fields could be utilized as playing fields in the future. Ms. Ochrach agreed to contact the County to determine if grass fields were permissible. A brief discussion was held regarding the Memorial Grove that was proposed to be built on part of the Horvath tract. It was felt that both the Memorial Grove and grass fields could co-exist and work on the same property. The Board asked that a plan be prepared showing both projects on the tract.

The next item for discussion was a request by a resident to have a hot air balloon located in Spring Valley Park as part of an annual Memorial Day parade. Permits were issued for the park facility and for the special event, but the hot air balloon was denied because it was a Remax balloon, and therefore, it would be an advertising sign which is not permitted in a residential area. The Board discussed reviewing the ordinance and perhaps allowing for a policy whereby a special exception could be made in the future for a 24 hour period of time whereby such a sign/balloon would be permissible. Candynce Chimera of 86 Forest Trail Drive said that she was disappointed to learn that the balloon would not be allowed, especially since she has witnessed other balloons in the Township. The Board requested staff to review the ordinance and to come up with an alternative for special events. Ms. Chimera said that she will certainly apply earlier next year for the special event.

There was no Manager’s Report.

John Nagel provided a brief update on the progress of the Route 202 Parkway concept. Various meetings have been held with PennDOT, its engineers and other municipalities in the area. Bob Kuhn stated that he felt that PennDOT had not been considering any alternatives suggested by Montgomery Township and the other surrounding municipalities.

There were no oral Volunteer Advisory Committee Reports given.

At 10:40 p.m., Chairman Greenberg opened the public hearing for Proposed Ordinance #05-197Z – Minor Amendments to the Zoning Ordinance. Notes of testimony were taken by Court Stenographer, Cole Schenk. Merle Ochrach stated that the proposed amendment was related to accessory structures. The amendment corrects the chart in the back of the zoning ordinance to identify setback criteria for developments created under the historic cluster and clarify setbacks for above ground pools screened by a buffer. After a brief discussion, Resolution #1 unanimously approved Ordinance #05-197Z, Minor Amendments to the Zoning Ordinance, by a vote of 4 to 0. Supervisor Kuhn had temporarily stepped out of the meeting room during the very brief public hearing. The hearing closed at 10:43 pm.

Under the consent agenda, the minutes of meeting for May 9, 2005 and payment of bills were approved as submitted. The consideration of escrow release for Home Depot was removed from the agenda pending further information from the staff and consultants. Resolution #2 approved the escrow release for Montgomery Crossing Phase IV. Resolution #3 approved the escrow release for the Cammarota Tract. Resolution #4 approved the fence easement agreement for 136 Longleat Drive. Resolution #5 approved the fence easement agreement for 110 Cheswick Drive. Resolution #6 approved the extension request for the Montgomery Adult Day Care Center. All consent agenda resolutions were unanimously approved.

There being no further business, the meeting was adjourned at 10:48 pm.