MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

JULY 25, 2005

At 7:00 p.m. Chairman Greenberg called to order the Executive Session. In attendance were Supervisors Kuhn, Prousi and Witmer. Supervisor Sarosky was absent. Also in attendance were John Nagel, Merle Ochrach, Leo Bagley, Matt Johnston, Rep. Eugene McGill and Rep. Kate Harper. Personnel and potential litigation matters were discussed. The Executive Session adjourned at 8:05 p.m.

At 8:08 p.m. Chairman Greenberg called the regular meeting to order. In attendance were Supervisors Kuhn, Prousi and Witmer. Supervisor Sarosky was absent. Also in attendance were John Nagel, Richard Brady, Kevin Costello, Gerald Grover, Monica DeCaro, Andrea Collins, Carol Tukey, Merle Ochrach, Lonnie Manai, Rick Tralies, Matt Johnston and Deb Rivas.

Ed Furman of Maillie, Falconiero and Company, LLP, made a brief presentation on the completed audit for Montgomery Township and its component units for the year ended December 31, 2004. The auditors rendered an “unqualified” opinion indicating the financial statements fairly presented the sound financial position of the Township. Resolution #1 unanimously accepted the 2004 annual financial statements.

Chairman Greenberg stated that the two public hearings scheduled for this evening have been cancelled at the request of the applicant. The two hearings involved the creation of an age restricted zoning district and an amendment to the zoning map for the rezoning of Route 309 and Hartman Road for age restricted development. Merle Ochrach stated that the public hearings must be rescheduled and re-advertised because the zoning map would be changing as the parcels being considered have changed. Chairman Greenberg made a motion to authorize the advertisement of the public hearings for September 12, 2005 after 8:00 pm. Supervisor Prousi seconded the motion. Under public comment, Jeff Larsen of 114 Thames Drive, asked if a new ordinance would be written and if there were changes, would the process go back to the Planning Commission? Ms. Ochrach explained that it was expected that the ordinance would remain the same, but the zoning map would be changing, and the whole process would go back to the Planning Commission. Mr. Larsen asked to be informed of when the Planning Commission would be discussing this rezoning. There was some discussion regarding the notification of all the residents of Montgomery Oaks and Montgomery Crossing, but since it is not a legal requirement and it would place a burden on the staff, it was decided that those residents who specifically asked to be notified would be. The Township also noted that any information regarding meetings to be held on this matter would be placed on the Township website and Comcast cable channel 22. Mr. Larsen also inquired about any discussions regarding a trail to be created under the PECO lines. Carol Tukey explained that the Township was seeking an easement from PECO for this purpose. Mr. Larsen asked to be notified when the PECO line trail discussion will be held.

Under Public Comment, Larry DiDomizio of 1603 N. Line Street inquired whether or not the Board was prepared to vote on the resolution that was presented at the meeting two weeks ago for his minor subdivision. After some discussion, it was agreed that three items remain outstanding. Mr. DiDomizio also had a question about which ordinances he was required to follow based on the submission date of the original plan. Ms. Ochrach indicated that Mr. DiDomizio had the choice of using the 1998 ordinances or any ordinances thereafter that may pertain to his subdivision. The storm water management plan has been submitted to Chambers Associates for review, and the fire safety issues have been discussed with Jerry Grover, Township Fire Marshal. Both Chambers Associates and Jerry Grover indicated that their reviews would be ready for the next Board meeting on August 8, 2005. Merle Ochrach indicated that she had not received an easement document for Mr. DiDomizio’s neighbor. Ms. Ochrach said that she would need a few days to schedule a review of the document once it was received so her review would be dependent upon the receipt of the document.

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

Under the Manager’s Report, John Nagel updated the Board on the status of the citizen’s survey. Mr. Nagel said that over 20% of the surveys have been returned. The consultant is currently tabulating the results and it is expected that recommendations will be made to the Board in October. Mr. Nagel also said that the staff continues to review and revise the bylaws for the various volunteer committees. The Pension committee recently received a revised set of bylaws that they are currently reviewing.  

John Nagel provided a brief update on the proposed Route 202 Parkway. The Township is waiting for PennDOT to get back to us with a date in the near future to discuss the current proposal on the project.

Kevin Costello updated the Board on the status of the cleanup of the Horvath open space. Mr. Costello announced that the illegally dumped tires have been removed and the majority of the asphalt, concrete and debris have been disposed of. The property has also been posted with “No Dumping” signs.

Andrea Collins updated the Board on the Memorial Grove project. The Shade Tree is ready to move forward with formal plans if the Board would like to proceed with the concept. The Board was unanimous that the Shade Tree Commission should move forward with the project and present a formal plan to the Board.

John Nagel stated that the Historical Society has requested that a $5,000 retainer be paid from the Knapp house funds to Architect Joseph Zadlo for architectural services and construction management for the Knapp House. Mr. Nagel inquired if there would be a cap placed on the proposal provided by Mr. Zadlo, and if the Historical Society would be providing the required written status report per the agreement. Richard Roller, 1142 Knapp Road, President of the Historical Society, said that Mr. Zadlo would be making recommendations for the restoration of the home and that a clearer picture of the dollar amount needed for architectural services would emerge after the initial inspection. Mr. Roller also indicated that he did not have a written report prepared because there was nothing to report about the project at this time. Mr. Roller indicated that he would come back to the Board and present a status report once Mr. Zadlo begins his work. Resolution #2 authorized the payment of $5,000 to Joseph Zadlo for architectural services.

There were no Volunteer Advisory Committee Reports given.

At 8:59 pm, Chairman Greenberg opened the public hearing for the consideration of a liquor license transfer for Pumpernick’s Deli, Inc. Notes of testimony were taken by Court Stenographer, Cole Schenk.  Attorney Stephen Ernst represented Paul Klein, owner of Pumpernick’s Deli. A brief discussion followed the question and answer session. The public hearing closed at 9:15 p.m. Resolution #3 unanimously approved the transfer of a liquor license for Pumpernick’s Deli.

Under the consent agenda, the minutes of meeting for July 11, 2005 and payment of bills were approved as submitted. Resolution #4 approved the waiver of a sign permit fee for the Historical Society for use with the Knapp house. Resolution #5 authorized the advertisement of a Public Hearing to be held on September 12, 2005 for proposed Ordinance #05-198Z for the rezoning application of John and Clay Heckler. Resolution #6 approved the obligation to the Police Pension Plan. Resolution #7 approved the proposal for depredation services and authorized the Township Manager to take the necessary steps for a migratory bird depredation permit. Resolution #8 approved the land development agreement for the Loews Cineplex. All consent agenda resolutions were unanimous.

There being no further business, the meeting was adjourned at 9:25 p.m.