MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
AUGUST 22, 2005
At 7:00 p.m. Vice-Chairman William Sarosky called to order the Executive Session. In attendance were Supervisors Kuhn, Prousi and Witmer. Chairman Greenberg was absent. Also in attendance were John Nagel, Gerald Grover, Bernadette Kearney of Hamburg, Rubin, Mullin, Maxwell and Lupin, Leo Bagley, Andrea Collins, Representative Eugene McGill, Steve Middlebrooks, and Gerald Grover. Personnel and potential litigation matters were discussed. The Executive Session adjourned at 7:40 p.m.
At 7:43 p.m. Vice Chairman Sarosky called the work session to order. Supervisors Kuhn, Prousi and Witmer were present. Chairman Greenberg was absent. Also in attendance were John Nagel, Carol Tukey, Rich O’Brien, Mike Waldron, Bernadette Kearney, and Shirley Snyder. Vice Chairman Sarosky noted that a re-occupancy inspection policy exists for attached single family residential dwelling units, but there is presently no policy for detached single family residential houses. There was discussion among the Board members as to whether the residents who live in attached dwellings should be required to have inspections while residents in detached units are not required to have inspections. Supervisor Witmer stressed that safety is the most important issue. Bernadette Kearney advised that presently only termite inspections are required for re-sale of a property, and property inspections can be waived. Rich O’Brien of Keystone Municipal Services provided information pertaining to specific questions regarding the present codes regulating inspections. It was also recommended that the staff review the Ordinance governing re-occupancy inspections. The Board agreed that additional discussion and information is needed before a decision can be made on this matter. The work session adjourned at 7:59 p.m.
At 8:02 p.m. Vice Chairman Sarosky called the regular meeting to order. In attendancewere Supervisors Kuhn, Prousi and Witmer. Chairman Greenberg was absent. Also in attendance were John Nagel, Richard Brady, Kevin Costello, Gerald Grover, Monica DeCaro,
Andrea Collins, Carol Tukey, Bernadette Kearney, Rick Tralies, John Chambers, Earl Armitage, and Shirley Snyder.
Under public comment, Walter Petro-Roy of 104 Oak Tree Road requested an update on the drainage issue in his neighborhood. Merle Ochrach has been handling this matter. John Nagel assured Mr. Petro-Roy that the staff will contact Ms. Ochrach and will request that she provide an update on the drainage issue to him in writing. Richard Roller of 1142 Knapp Road presented a check from the Northern Montgomery County Recycling Commission in the amount of $79,386.86 to the township for their efforts in recycling in 2003. Recycling in Montgomery Township is up to about a 40% level, which is above the state goal of 35%.
Bernadette Kearney announced that the Board had met in an executive session earlier this evening to discuss matters of personnel and potential litigation.
Under the Manager’s Report, John Nagel reported that the Citizens Survey OVER 1900 responses were being calculated by the consultant and recommendations to the Board are expected in October 2005. Mr. Nagel also stated that the staff has been working on committee by-laws. The proposed updated Pension Committee by-laws will be presented to the Board in the consent agenda this evening. Andrea Collins and Priti Patel are working on and have been in touch with Lansdale Public Library and the International Club in order to obtain information on the possibility of forming a multi-cultural committee in Montgomery Township.
There were no Volunteer Advisory Committee reports submitted.
Carolyn Tukey provided the Board with an executive summary on the consideration of sidewalk waiver for the Thompson property at 1307 Lower State Road. In 1994 the Board of Supervisors agreed to a waiver of sidewalks for 1307 Lower State Road and released the developer from the responsibility to install the sidewalks. The developer was required to provide a fee to the township to provide for the installation of sidewalks at a future date. The agreement between the township and Terrence and Cynthia Thompson states that if the property is deeded or transferred to someone other than a family member, the Board of Supervisors may decide to have the sidewalks installed in the front of this property. Mr. Thompson stated that David Cutler was granted a waiver on sidewalks on his development, and therefore requiring sidewalks on his property would not provide sidewalks down the entire side of the street. Mr. Thompson suggested that the sidewalks be installed when all the trails are active and connecting walks are needed. Mr. Thompson also stated that there is a large holly tree that could be damaged if sidewalks are installed. Supervisor Kuhn advised that sidewalks do not necessarily have to run parallel to the street, but could be placed in such a way as to possibly avoid the holly tree. It was noted that the new homeowner would not be responsible for incurring the cost of installing the sidewalk. The sidewalk installation would be paid for by the township with the monies set aside by the original agreement dated 1994. Resolution #1 unanimously denied the waiver of sidewalks for the prospective buyers, Raymond Forcey and Bette Love, for the property located at 1307 Lower State Road.
Carolyn Tukey provided an executive summary for the amended plan for the Di Domizio subdivision located at Dusty Lane and Roberts Road. The applicant proposes to amend the approved minor subdivision plan to construct a single family home on Lot #2. Mr. Di Domizio is requesting a waiver to eliminate the need to install a fire hydrant and the width of the driveway from the end of the 60 foot portion to house. Director of Fire Services, Gerald Grover stated that a hydrant is a necessary safety measure given the proximity of the proposed house from an existing hydrant. There were several questions raised by the Board including accessibility of fire equipment to the proposed house, width of the driveway leading to the proposed house, and a paved turn-around for emergency vehicles off of Dusty Lane at the entrance to the driveway of the proposed structure. Frederic Wentz of McGrory Wentz, LLP, attorney for the applicant, referred to his letter dated August 17, 2005 citing the Township Code as it pertains to the installation of fire hydrants, and stated that based on this code, a hydrant is not required. After considerable discussion, the Board agreed that they need to follow the recommendation of the Director of Fire Services in this matter, and will require a fire hydrant be installed. Resolution #2 unanimously approved the amended plan of the Di Domizio subdivision, excluding the waiver requested for a fire hydrant and the request for paving the driveway.
Carolyn Tukey summarized the PECO Trail Easement matter. The staff has approached PECO about purchasing a license along the right-of-way for the proposed Township trail connections to the County trail system. Kevin Costello stated that the use of PECO land for trail systems is being used throughout the country. Under public comment, Jeff Larsen of 114 Thames Drive stated that 200 plus families do not want the trail in their back yard, and also raised some questions on the proposed use of this land for a trail system, including how people will access the trail, parking, maintenance of trail system, and bathroom facilities. John Nagel noted that any trail system along this right-of-way would be underwritten mostly by the County, and the township would be required to comply with the County regulations. Vice Chairman Sarosky reminded the residents that the matter before the Board this evening is only to take action on submitting the license application to PECO for consideration of using the PECO right-of-way, not to discuss the possible future trail system. Under public comment, the following residents expressed opposition to any trail system in the PECO right-of-way; Ye Jianhua of 222 Tudor Drive, Qin Mei of 230 Tudor Drive, Bingbing Fenj of 330 Regency Drive, and Greg Samson of 102 Merton Circle. Vice Chairman Sarosky reiterated that at this time there are no plans for a trail system, and therefore the questions being raised by the residents cannot be answered. Vice Chairman Sarosky encouraged the residents to make their opinions known and be present at any future Board meetings pertaining to this matter. The staff will notify concerned residents of any future meetings regarding trail systems on PECO right-of-way land through Cable Channel 22. Resolution #3 unanimously authorized the Township Manager to submit the license application to PECO for consideration of licensing the PECO right-of-way at a cost of $250 to allow for Township trail connections to the County proposed trail system.
Monica DeCaro provided the Board with highlights of the Second Quarter 2005 Budget Report.
Under the consent agenda, the minutes of meeting for August 8, 2005 and the payment of bills were approved as submitted. The Pension Committee By-Laws were discussed and several changes were recommended by the Board. Resolution #4 was rendered null and void as there are certain clarifications that need to be made by the staff before the Pension By-Laws can be approved. Resolution #5 authorized an amendment to the Second Quarter 2005 Budget to reflect an increase in General Fund expense of $219,676, an increase in General Fund income of $89,000, an increase in Capital Reserve expense of $89,000, an increase in Capital Reserve income of $54,700, an increase in Escrow expense of $78,000, and an increase in Escrow income of $50,000. Resolution #6 authorized the Township Manager to advertise for a public hearing for Proposed Ordinance #05-200Z – Minor amendments to the Zoning Ordinance for Monday, September 26, 2005 after 8:00 p.m. in the township building. Resolution #7 authorized the Township Manager to advertise for a public hearing for Proposed Ordinance #05-201Z – Change of Zoning – W.L.M. Management, Inc. (Stump & Horsham Roads for proposed office complex) for Monday, September 26, 2005 after 8:00 p.m. in the township building. Resolution #8 authorized the Township Manager to advertise for a public hearing for Proposed Ordinance #05-199Z – Change of Zoning – Bergey’s Inc. (Vehicle Dealership) for Tuesday, October 11, 2005 after 8:00 p.m. in the township building. Resolution #9 approved change order #1 in the amount of $5,295 to Blooming Glen Contractors for the installation of the 1 ½” and 6” water service lines at the fire substation. Resolution #10 approved the escrow release for Terrace at Montgomery. The escrow release for The Reserve at Knapp Farm was approved by Resolution #11. Resolution #12 approved the escrow release for Indian Lake Farm, and Resolution #13 approved the escrow release for Montgomery Square Apartments. All consent agenda resolutions were unanimously approved, except for the amendments to the Pension Committee By-Laws which will be reviewed again after revisions are made.
There being no further business, the meeting adjourned at 9:09 p.m.