MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
OCTOBER 11, 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 and Merle Ochrach. Personnel and litigation matters were discussed. The Executive Session adjourned at 8:10 p.m.
At 8:14 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, Chief Richard Brady, Kevin Costello, Gerald Grover, Monica DeCaro, Carol Tukey, Merle Ochrach, Rick Tralies, Matt Johnston, John Chambers and Shirley Snyder.
Director of Fire Services, Gerald Grover provided a summary of the events being planned for Fire Prevention Week, which is October 9th through October 15th. This year’s theme is “Use Candles with Care”, and stresses candle safety. The fire department and staff will be conducting fire prevention and safety education demonstrations at several elementary schools and day care facilities within the township. The staff will also be conducting fire inspections, fire extinguisher-training, evacuation and protect in-place procedures at several residential health care facilities in the township. Resolution #1 recognized October 9th through 15th as Fire Prevention Week.
Chairman Greenberg presented a check to the Fire Department of Montgomery Township Fire Relief Association. Treasurer Gene Zeiner, Chief David Vasconez, and Battalion Chief David Wolff were present to accept the check. Resolution #2 acknowledged the presentation of a check in the amount of $230,872.79 from the Commonwealth of Pennsylvania to the Fire Department of Montgomery Township Fire Relief Association.
Under public comment, David Keightly, President of the Montgomery Township Golf League, noted the names of the 2005 Golf Champions: Kevin O’Connor (Captain), Eric Holmquist, Bill Petraitis and Mike Paschal. Mr. Keightly requested that they be recognized at a future Board of Supervisors meeting, and special recognition be given to Eric Holmquist, for his scheduling and coordination efforts for the league. The Board will recognize the 2005 Golf Championships at a future meeting.
Merle Ocharch announced that the Board had met in an executive session earlier this evening to discuss personnel and litigation matters. The litigation matters discussed were Montgomery Mall Assessment Appeal, Montgomery Township vs. Frank Rich, Frank Rich vs. Montgomery Township.
John Nagel advised the Board that Dulcie Flaharty, Executive Director of the Montgomery County Lands Trust had sent a letter requesting Montgomery Township’s renewal of membership in the Trust, at a cost of $250 for the year. Resolution #3 unanimously approved the expenditure of $250 to renew the membership with Montgomery County Lands Trust.
Ron Ahlbrandt, Director of Montgomery County Parks Department presented an overview and summary of the County’s parks and trail systems. There are numerous trail systems already in place in neighboring municipalities, including the Perkiomen Trail, and the Schuylkill Trail, which is built under PECO power lines. The Liberty Bell Trail and the Power Line Trail systems are initiatives implemented by local municipalities. Horsham Township has undertaken and built a portion of the Power Line Trail. Chairman Greenberg noted that the Open Space Committee, along with local officials in Lower Salford had visited the six miles of trails. The Lower Salford Trail has been operational for some time, with no serious problems. Mr. Ahlbrandt pointed out that the majority of people who use the trail, are local residents and neighbors, only a small number of the use will be by outsiders. Under public comment, Jianhua Ye of 222 Tudor Drive, representing residents of Montgomery Crossings and Montgomery Oaks, voiced opposition to the trail system in this location. Mr. Ye also voiced concerns with safety issues and access to the trails. David Keightly, a member of the township Park & Recreation Board, feels that a County wide trail system is a wonderful opportunity to expand recreational activities for the community, and to expand township parks. The Board expressed their thanks to Mr. Ahlbrandt for his presentation.
At 8:53 Chairman Greenberg opened the public hearing for Proposed Ordinance #05-195Z – Creating an Age Qualified Residential Zoning District. Notes of testimony were taken by Court Stenographer Cole Schenk. Merle Ochrach recommended that the Board consider both Proposed Ordinance #05-195Z and Proposed Ordinance #05-196Z together, since one addresses creating a new zoning district, and the other a change to the zoning map for the same property. The Board agreed with this recommendation. Director of Planning and Economic Development, Carol Tukey presented an executive summary explaining that the one proposed Ordinance would change the zoning to an age qualified residential zoning district (R-3B), and the other would amend the zoning map. Richard McBride, representing the David Cutler Group provided a summary for the Board. Mr. McBride explained that age restricted communities are communities in which one owner must be at least 55 years of age, and none of the occupants can be under the age of 19. A portion of this property, approximately 19 acres has been designated for a park, which is to be developed by the Cutler Group. The township will determine how this land will be developed. Mr. McBride advised the Board, that the Cutler Group has cooperated with the township in their previous requests of securing a portion of this land for a park, as well as working with the other developer for an access road and not permitting left hand turns onto Route 309 either in or out. Under public comment, Jianhua Ye of 222 Tudor Drive expressed concern over traffic issues, as well as the residual dust that may come from the quarry. Matt Johnston of Pennoni Associates explained that the peak traffic generated by the residents of the proposed community would most likely not fall in the normal “rush hour” period. David McDowell, a business owner at 1070 Bethlehem Pike, which is across Route 309 from the proposed site, stated that the dust coming from the quarry is minimal and not offensive. Mr. Ye also inquired about landscaping issues in his development that were to be completed by the David Cutler Group, and may still be pending. Mr. McBride advised Mr. Ye to notify the township of the specifics of his concern, and he will try to assist in a solution. After additional discussion, the public hearing was closed at 9:47 p.m. Resolution #4 unanimously approved Ordinance #05-195Z – to Create an Age Qualified Residential Zoning District. Resolution #5 unanimously approved Ordinance #05-196Z - Amending the Zoning Map for Rezoning of Route 309 & Hartman Road for Age Qualified Residential Development.
Supervisor Prousi departed the meeting approximately 9:50 p.m.
At 9:55 p.m. Chairman Greenberg opened the public hearing for Proposed Ordinance #05-199Z – Rezoning Application – Bergey’s Vehicle Dealership. Notes of testimony were taken by Court Stenographer, Cole Schenk. Carol Tukey provided an executive summary of the proposed ordinance. The applicant is requesting a change from LI – Limited Industrial to HLI – Highway Limited Industrial. Jim Garrity, representing Bergey’s Inc. provided background for the Board concerning this site. The property located at 1060 Bethlehem Pike is currently a vacant building across the street from the quarry. Mr. Garrity stated that the applicant would be agreeable to right turns only in and out of the site, as well as working with the township and PennDOT to extend Hartman Road, if the need arises. Mr. Garrity also stated that an extensive setback will be provided on the front of the property and a landscaped area to separate the customer lot from the lot used to store cars will also be provided. Supervisor Kuhn questioned what the benefit to the township would be in approving the requested change in zoning. The benefits, as explained by Mr. Garrity would be a non-intensive retail use, thus generating little traffic at peak hours as well as limited truck traffic to the location. It will also be a dramatic visible improvement of the site. Mr. Garrity also noted that there are potential environmental issues within the building that the applicant is willing to address and resolve. Supervisor Kuhn questioned the accessibility to a cell tower located on the property. The applicant will provide access through the parking lot. Under public comment Robert Nappen 171 Corporate Drive commented on the potential for Hartman Road to be extended, as it would have an effect on Mr. Nappen’s properties. Mr. Robert McDowell of 1070 Bethlehem Pike would like to see improvement of the site and a good use of the property. Supervisor Kuhn reminded the applicant that the township does not allow flags or banners on cars in parking lots. After additional discussion, at 10:35 p.m. the public hearing was closed. Merle Ochrach recommended amending the Proposed Ordinance to affix the overlay zoning district (HLI) to this tract of land. Resolution #6 unanimously approved Ordinance #05-199Z – Rezoning – Bergey’s Vehicle Dealership.
At 10:40 p.m. Chairman Greenberg opened the public meeting for Proposed Ordinance #05-202 – Traffic Sign Update. Merle Ochrach stated that this ordinance is amending the provisions for regulated turns, speed limits, and stop intersections on certain streets and in certain areas within the township. Chief Richard Brady stated that most of the changes are being made to signs on roads that are not dedicated to the township, and therefore the township cannot enforce any of the speed limits, etc. Chief Brady also noted that the county sets the weight standards on all bridges. The public meeting closed at 10:45 p.m. Resolution #7 unanimously approved Ordinance #05-202 – Traffic Sign Update.
Under Monthly Reports, Kevin Costello reported that the annual Autumn Festival was canceled due to the heavy rain on both Saturday and Sunday. Rescheduling the event was discussed, but due to the vendor’s schedules, this was not possible. Jerry Grover noted that the fire substation on Route 202 is in the final stages of construction. There will be an Open House on November 12, 2005 and a Fire Station Housing in the spring of 2006. Carol Tukey reported that the GIS is nearing completion and will be presented to the Board in November. The Pentamation training that has been ongoing in the Planning and Economic Development Department is nearly completed. The Planning Office will be closed on Friday, October 21, 2005 for continuing training. Chief Brady reported that the Police Department had responded to 1,967 calls in September with 90 criminal arrests. Chief Brady also noted that the department has a Speed Radar Trailer which was obtained through a state grant. The unit has been utilized daily since it was delivered, and positive feedback has been received from residents of the township.
Under the consent agenda, the minutes of meeting for September 26, 2005 and the payment of bills were approved as submitted. Resolution #8 reappointed John Crowe to the Industrial Development Authority for a five year term to expire January 1, 2011. Resolution #9 approved escrow release for Nappen & Associates – Montgomeryville Industrial Center. Resolution #10 approved escrow release for Water Tower Square. All resolutions were unanimously approved.
There being no further business, the meeting adjourned at 10:55 p.m.