MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

SEPTEMBER 12, 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, Merle Ochrach, Andrea Collins, Richard Brady, Senator Stewart Greenleaf, Representative Kate Harper and Representative Eugene McGill. Personnel and potential litigation matters were discussed. The Executive Session adjourned at 7:29 p.m.

At 7:30 p.m. Vice Chairman Sarosky called the work session to order. In attendance were Supervisors Kuhn, Prousi and Witmer. Chairman Greenberg was absent. Also in attendance were John Nagel, Richard Brady, Monica DeCaro, Carol Tukey, Merle Ochrach, Deb Rivas, Jim Hunt and Mike Santangelo from Berkheimer Associates.

Monica DeCaro introduced Jim Hunt and Mike Santangelo from Berkheimer Associates. Mrs. DeCaro explained that many residents have been complaining about having two different earned income tax collectors, resulting in the need to prepare two separate tax returns. The North Penn School District uses Berkheimer Associates as its tax collector and Mrs. DeCaro recommended that Montgomery Township consider the same as our agreement with Central Tax Bureau is up for renewal at the end of this year. The Board reviewed the rates that would be charged and agreed that it would be easier for taxpayers to use one collection agency. Merle Ochrach indicated that she had some questions and concerns about the agreement, mostly legal wording. The Board agreed that they would authorize the Township Manager to sign an agreement when it is in a form acceptable to the Solicitor and staff. John Nagel indicated that he would prefer a three year term initially instead of a five year term. The Board agreed to approve the change in the action meeting.

Chief Rich Brady explained that Montgomery County is preparing to provide Mutual Aid to a community devastated as a result of Hurricane Katrina. As part of this effort, Montgomery Township has been asked to provide two to three officers and a vehicle for this response. The commitment from the County for up to 90 to 120 days is being developed. Each municipality may opt in for any portion of the plan. Reimbursement for expenses incurred is made available through FEMA and PEMA after the County has received a “mission number” assigned to their task. FEMA and PEMA will also cover a partial salary for each officer involved. The Board was in favor of this mutual aid effort as long as there was a reasonable time limit involved.

Carol Tukey updated the Board on the status of the zoning ordinance review committee. It was recommended that several additions be made so that the committee could review all land development related ordinances. Some consultant additions would be used on an as needed basis, but three proposed additional members would be Marita Stoerrle, Rick Trailies and John Chambers. The Board agreed with this recommendation.

At 8:00 p.m. Vice Chairman Sarosky called the regular meeting to order. In attendance were 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, Merle Ochrach, Rick Tralies, Phil Wursta, John Chambers and Deb Rivas.

Following the Pledge of Allegiance, a brief moment of silence was held in recognition of Patriot Day on September 11th.

Senator Stewart Greenleaf, Representative Kate Harper and Representative Eugene McGill were on hand to present grant checks to the Department of Fire Services. The $5,000 grant will be used for five-inch supply hose line, and the $9,764.99 grant will be used to purchase an extractor which removes contaminates from the firefighters turnout gear. All of our local representatives have been very helpful in assisting Montgomery Township in obtaining these and other grant monies this year and the Township thanked them for their efforts. Resolutions #1 and #2 acknowledged and accepted these generous grants from the State Representatives.

At 8:07 pm, Vice Chairman Sarosky opened the public hearing for the consideration of Proposed Ordinance #05-195Z - Creating an Age Qualified Residential Zoning District. Notes of testimony were taken by Court Stenographer, Cole Schenk. Merle Ochrach indicated that the applicant requested that the hearing be continued until October 11, 2005 after 8:00 pm. Supervisor Kuhn indicated that the staff should encourage the applicant to expand the open space proposed on the current plan. The public hearing closed at 8:10 p.m. Resolution #3 unanimously approved the continuance of this hearing.

At 8:10 pm, Vice Chairman Sarosky opened the public hearing for the consideration of Proposed Ordinance #05-196Z - Creating an Age Qualified Residential Zoning District. Notes of testimony were taken by Court Stenographer, Cole Schenk. Merle Ochrach indicated that the applicant requested that the hearing be continued until October 11, 2005 after 8:00 pm. The public hearing closed at 8:15 p.m. Resolution #4 unanimously approved the continuance of this hearing.

At 8:15 pm, Vice Chairman Sarosky opened the public hearing for the consideration of Proposed Ordinance #05-198Z - Rezoning of Heckler Tract - Crystal Road. Notes of testimony were taken by Court Stenographer, Cole Schenk. Vice Chairman Sarosky and Merle Ochrach explained that the hearing was solely for consideration of the rezoning of the property, not to discuss or approve any type of plan or details concerning the property. Such information would come at a later meeting. Carol Tukey explained that the applicant was proposing to rezone two parcels from R2 and LI to R3a. Ms. Tukey also indicated that these parcels are adjacent to the Fox tract which was previously rezoned by the Board. Marc Jonas and Kirk Clauss represented the applicant. Mr. Clauss presented several exhibits and explained the reason for the rezoning. Under public comment, Mike Hagen of 106 Crystal Road asked why the applicant never built the eight single family homes that were previously approved by the Board? Mr. Hagen indicated it was because the applicant did not want to make improvements to Maple Drive. Mr. Hagen also indicated that he and many of his neighbors would much rather see eight single family homes than many townhouses. Larry Glenser of 137 Crystal Road said he did not want to see townhouses built. Mr. Glenser also indicated that there were considerable wetlands in that area. Mr. Glenser wanted to know how the traffic would be policed from Crystal Road to Richardson Road? Mr. Glemser stated that there were many unsaid issues. The Board indicated that these matters would be discussed during the planning phases of the project. The public hearing closed at 8:40 p.m. Resolution #5 approved the Rezoning of the Heckler Tract to R3a by a vote of 3 to1 with Supervisor Witmer opposing.

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

Merle Ochrach announced that the Board had met in an executive session earlier this evening to discuss matters of litigation which included the Assessment Appeal of the Montgomery Mall, potential litigation and personnel issues.

Under monthly reports, Chief Rich Brady provided a summary of the police department activities for the month of August, which included the notification that a sexual predator is now living in Montgomery Township on Santa Anita Drive. Police officers have been notifying residents within a certain radius of the resident as required by law. Chief Brady also announced that Canine Officer Harry Vitello and Canine Aston recently competed and received numerous awards for various Police Canine competitions. Kevin Costello announced that all road projects for 2005 have been completed. Gerry Grover announced that the new fire station construction is going smoothly and on target for completion. Mr. Grover also announced that Fire Prevention week will be celebrated during the week of October 9th to October 15th. Monica DeCaro announced that the Finance Department is currently working on the 2006 Budget. Andrea Collins and Carol Tukey also previously submitted their reports and Ms. Tukey announced that the GIS system needs assessment is continuing and current zoning ordinances are under review.

The Board announced that they will approve the agreement with Berkheimer Associates for a three year period and authorize the Township Manager to sign the agreement when it is in a form acceptable to the Solicitor and staff. Resolution #6 approved the agreement as addressed above.

Under the consent agenda, the minutes of meeting for August 22, 2005 were approved with the modification that the Pension Committee Bylaws were not approved at that meeting, but will be revised and presented to the Board for approval at a future meeting. The payment of bills was approved as submitted. Resolution #7 authorized the notification to terminate the agreement with the current earned income tax collector. Resolutions #8, #9 and #10 approved required documents for Berkheimer Associates to collect the earned income tax. Resolution #11 authorized the Township Manager to advertise for a public meeting for proposed 2006 budget workshops to be held on October 17, October 19, October 26 and November 2, 2005. The Board set Saturday, October 29, 2005 as the date for the annual road inspection. Resolutions #12 and #13 approved the amendment to the plans for street lighting requirements for Country Lane Estates and Manor View II. Resolution #14 approved the application for the highway safety grant. Resolution #15 approved the rescheduling of the first Board meeting in November from the 14th to the 7th. Resolution #16 approved the land development agreement for Ruby Tuesday, Inc. All consent agenda resolutions were approved unanimously.

Under other business, Vice Chairman Sarosky announced that there was an inquiry regarding the renovation of the Witthauer house involving zoning changes etc. There were several issues that need to be addressed before the matter comes to the Board. The Board asked Carol Tukey to speak with Bev Brown of the Sewer Authority.

There being no further business, the meeting was adjourned at 8:56 pm.