MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

JULY 11, 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 Monica DeCaro. Personnel and litigation matters were discussed. The Executive Session adjourned at 7:55 p.m.

At 7:56 p.m. Chairman Greenberg called to order the Work Session. In attendance were Supervisors Kuhn, Prousi, Sarosky and Witmer. Also in attendance were John Nagel, Merle Ochrach, Carolyn Tukey, and Shirley Snyder. Carolyn Tukey provided a summary of the current process for obtaining a fence agreement within the Township. Ms. Tukey recommended that the responsibility for approving fence agreements be given to the staff, thus requiring no formal action from the Board of Supervisors. Currently, the entire process can take up to four to six weeks to complete, and requires approval by the Board of Supervisors. Merle Ochrach, Carolyn Tukey, and Judy Starkin will review each application, and fence agreement documents will be signed by the Township Manager and/or the Director of Planning and Land Development. Should a question or concern arise with any fence agreement, the matter will be brought before the Board of Supervisors for their recommendation. Resolution #1 unanimously approved the change in the fence agreement process, and authorized John Nagel and/or Carolyn Tukey to approve and sign all fence agreements on behalf of the Township. The work session adjourned at 8:05 p.m.

At 8:07 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, Merle Ochrach, John Chambers, Matt Johnston, Rick Tralies, Sgt. Dan Mitchell, Kevin Costello, Gerald Grover, Monica DeCaro, Andrea Collins, Carolyn Tukey and Shirley Snyder.

John Nagel thanked Charles Staub, for his service to Montgomery Township. Kevin Costello presented a plaque commending Charles Staub, Municipal Services Supervisor for PennDOT, for his years of service to PennDOT as well as for his dedication to Montgomery Township.

Chairman Greenberg presented a check to the Montgomery County Norristown Public Library. Kathy Arnold-Yerger accepted the check on behalf of the library, and thanked the Board for the donation. Ms. Arnold-Yerger then summarized some of the library’s programs. The Book Mobile now stops at the Montgomery Township building every other Thursday from 1:00 p.m. to 4:30 p.m. Ms. Arnold-Yerger expressed her appreciation for the sign board, which is put on the Stump Road entrance to the township building, announcing the bookmobile is on site. The library also has a summer reading program whereby they work with the Park & Recreation Offices in the county to encourage children, teens and adults to read. Ms. Arnold-Yerger expressed a desire to work with the Park & Recreation Office of Montgomery Township in this endeavor. She will coordinate with Kevin Costello. The library offers prizes and incentives in conjunction with this reading program. The library also provides free Disney and other family movies throughout the summer. Additional information on these and other programs are available by calling the library or checking their website.

Under public comment, Mike Hagen of 106 Crystal Road inquired about the number of trees that have been removed at the site of the Indian Lake development. Rick Tralies of Boucher & James, advised that he had done a count prior to the start of the project. John Nagel stated that the township will provide this information to Mr. Hagen by the next meeting on July 25, 2005. Mr. Hagen also mentioned that he would like to have the downed trees for firewood. It was recommended that he contact the Moser Group with his request.

Merle Ochrach announced that the Board met in an executive session earlier this evening to discuss matters of personnel, potential litigation and continuing litigation. The matters of litigation discussed were Montgomery Township vs. Frank Rich, McCracken vs. Robert Freed et al, Montgomery Township vs. Franklin Realty Development, Gable vs. Gable, and Springs vs. Elabsi, Kravco, Inc. et al.

There was no Manager’s Report this evening.

John Nagel provided an update on the Route 202 Parkway. PennDOT and representatives from 11 municipalities met at the Montgomery Township Building for three days during the week of June 27th to discuss a solution for the Route 202 corridor. Over the next few months, the Delaware Valley Planning Commission (DVRPC) will work on modeling the roadway to better determine the needs of the community. The municipalities and PennDOT hope to meet again in August to continue progress on the concept. PennDOT is planning to hold public information sessions this fall.

Under monthly reports, Sgt. Mitchell advised that the Police Department report had been submitted. Kevin Costello reported that the 2005 curb and sidewalk projects are complete. Gerald Grover reported that the fire substation construction is up-to-date, with an expected completion of October 21, 2005. Monica DeCaro reported that Maillie, Falconiero & Company, LLP will be in attendance at the July 25, 2005 meeting to provide an update on the 2004 financial statements. Andrea Collins reported that the township has received a favorable number of responses to the Citizens’ Survey with a 20% return rate. A full report is expected this fall. Carolyn Tukey reported that aerial photos of the township from 2000 are in the GIS system. The Zoning Ordinance Review Committee is in the process of reviewing signage changes and uses in the shopping center district.

Merle Ochrach reported that she had reviewed the trail ordinance of another municipality which specifically addresses trails, as requested by the Board of Supervisors. Under the existing Park & Recreation Ordinance, the Township can ask developers to dedicate land either in fee or by easement for use for trails. Carolyn Tukey recommended adding a statement within the sub-division and land development ordinance requiring trails within new developments. Supervisor Kuhn suggested the township write a letter to PECO requesting the use of their right-of-ways for trails. After some discussion, the Board requested that Ms. Ochrach add a statement specifically mentioning trails and trail systems within the Park & Recreation ordinance as discussed.

Carolyn Tukey provided an executive summary of the Di Domizio sub-division plan. The applicant is proposing to amend a previously approved minor sub-division plan to include construction of a proposed house on Lot #2. The amended plan includes provisions for storm water conveyance, driveway access, as well as sewer and electrical installation. Ms. Tukey stated that the main point of concern is the method of storm water conveyance that is being proposed. It was recommended that an easement agreement be obtained from each homeowner that would be affected by the additional run-off. This agreement would be recorded by the township solicitor and provide a permanent record. Larry and Alfred Di Domizio were present at the meeting. Mr. Larry Di Domizio presented the amended plan provisions, stating that he has notarized documents from homeowner’s on Dusty Lane permitting the run-off along their properties. Merle Ochrach stated that a notarized document is not sufficient for recording. Mr. Di Domizio feels that he will have a difficult time obtaining an easement agreement from the other homeowners. Township Engineer, John Chambers advised that there is no storm water management plan included with Mr. Di Domizio’s plan. In lieu of the easement agreements, provisions for a detention basin should be included in the plan. There was also a concern with fire safety including the possible installation of fire hydrants. Fire Marshal, Gerald Grover will work with Mr. Di Domizio on a solution to this matter.   Mr. Di Domizio stated that he has spent a considerable amount of money on plans and revisions and would appreciate any consideration the Board could give. After additional discussion, this matter was rescheduled for the July 25, 2005 meeting.

Under the consent agenda, the minutes of meeting for June 27, 2005 and the payment of bills were approved as submitted. The obligation to Police Pension Plan matter was postponed until the July 25, 2005 meeting. Resolution #2 authorized the Township Manager to advertise for a public hearing for liquor license transfer for Pumpernick’s Deli, Inc. The 401a Money Purchase Plan documents were approved with Resolution #3. Resolution #4 approved the escrow release for the Cammarota tract. Resolution #5 approved the purchase of a speed trailer for the Police Department from a federal GSA contract. Resolution #6 approved the land development agreement for Devon Court. All resolutions in the consent agenda were unanimously approved by the Board of Supervisors.

There being no further business, the meeting adjourned at 9:16 p.m.