MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
NOVEMBER 7, 2005
At 7:00 p.m. Chairman Warren Greenberg called to order the Executive Session. In attendance were Supervisors Kuhn, Prousi, Sarosky and Witmer. Also in attendance were John Nagel, Merle Ochrach, Ann Shade, Gerald Grover, Monica DeCaro, Carol Tukey and Mike Waldron. 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, Sarosky and Witmer. 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.
Gerald Grover made a presentation to the 2005 Montgomery Township Golf League Champions, Kevin O’Connor, Michael Paschal, William Petraitis and Eric Holmquist. Mr. Grover extended a special recognition to Mr. Holmquist for his efforts in coordinating and scheduling the Golf League. Resolution #1 unanimously recognized the champions.
Carol Tukey announced that World Town Planning Day will be celebrated on November 8, 2005. World Town Planning Day was originated in 1949 by Professor Carlos Maria della Paolera of the University of Buenos Aires. Thirty countries on four continents continue to celebrate this special day as a way to promote awareness and support for community planning. Resolution #2 recognized November 8th as World Town Planning Day in Montgomery Township.
Under public comment, Walter Petra-Roy of 104 Oak Tree Road inquired about the status of his drainage issue resolution. Merle Ochrach indicated that she has not received an agreement from Mr. Petra-Roy’s attorney, Michael Yanoff. Mr. Petra-Roy indicated that he believed that Mr. Yanoff had completed the agreement over a month ago. Ms. Ochrach indicated that Mr. Petra-Roy should contact Mr. Yanoff as Mrs. Ochrach has left him several messages with no return call.
Merle Ochrach announced that the Board had met in an executive session earlier this evening to discuss matters of litigation which included Commerce Limited Partnership vs. Montgomery Township, Frank Rich vs. Montgomery Township, the Assessment Appeal of Montgomery Mall and personnel issues.
The DEP has recently decided that any connection to public sewer using a grinder pump must submit a full planning module or update to the Act 537 plan, even if only one sewer connection is involved. In the future, this item will be included under the approval of any plans for development. However, this was not included in the 1010 Lansdale Avenue plan as it was not known at the time of the plan that the DEP had modified its requirements. Beverly Brown of the MTMSA was present and suggested that this type of routine matter can be placed under the Consent Agenda in the future. Resolution #3 unanimously approved the Sewage Facilities Planning Module for 1010 Lansdale Avenue.
At 8:24 pm, Chairman Greenberg opened the public hearing for Proposed Ordinance #05-201Z - Consider Change of Zoning for W.L.M. Management, Inc. (Glendale - Horsham and Stump Roads - Proposed Office Complex). Notes of testimony were taken by Court Stenographer, Cole Schenk. This hearing was a continuance from a previous meeting and had been previously advertised. Attorney Jim Garrity, representing W.L.M. Management, made a presentation and provided a conceptual plan of a proposed office complex. The applicant is requesting that the 12 acre parcel be rezoned from Limited Industrial to Business Professional so that they can construct four three story office buildings on the site. The Board inquired if there was any way that the applicant could offer to “lock in” the plan as presented. Mr. Garrity indicated that the applicant would be happy to volunteer a covenant to construct the plan as presented if rezoning were granted. There was confusion over the interpretation of the zoning ordinance which some felt should allow office buildings to be constructed in a Limited Industrial zone. After considerable discussion regarding the interpretation, it was agreed that office buildings were not permitted in Limited Industrial unless they were administrative offices for a limited industrial site. There were some questions about sewer access and a missing copy of the traffic study. Under public comment, Mary Zove, owner of Cedar Run Landscapes at 1054 Horsham Road and a neighbor to the property said that her husband had written a letter outlining some concerns that they had regarding this proposed development. One of their biggest concerns is traffic as this area is already very congested. Supervisor Prousi made a motion to continue the hearing to November 28, 2005, pending the receipt of a restrictive covenant from the applicant stating that they will build the plan as presented and also receipt of the traffic study. The motion carried by a vote of 4 to 0 with Supervisor Sarosky abstaining. The public hearing closed at 9:40 p.m.
Mike Malloy from Eastburn and Gray and Matt Chartrand from Bohler Engineering, representing the applicant, Gambone Development, continued their presentation from a previous meeting showing a proposed mixed use commercial development at the corner of Route 202 and 63. Mr. Chartrand reviewed several waivers which included landscaping issues and ornamental lighting. Discussion followed. A donation in lieu of trees was offered by the applicant, and in consideration of the additional ornamental lighting, the applicant requested that the amount of the donation be reduced. This was agreed to by the Board. Resolution #4 unanimously approved the plans for the Gateway Commercial Center.
Jim Garrity, representing the applicant, Quantum Hotels, presented the plans for a Best Western Hotel to be located at Bethlehem Pike and Morgan Street. The applicant requested nine waivers, seven of which involved landscaping concerns. Discussion followed. Resolution #5 unanimously approved the plans for the Best Western Hotel.
At 10:40 p.m., Chairman Greenberg opened the public hearing for the consideration of minor amendments to the zoning code (municipal banner signs) - Proposed Ordinance #05-200Z. Notes of testimony were taken by Court Stenographer, Cole Schenk. Carol Tukey indicated that this amendment was to allow for banner signs to be displayed for municipal purposes. After a brief discussion, Resolution #6 unanimously approved the minor amendments for to the zoning code for banner signs. The public hearing closed at 10:44 p.m.
At 10:45 p.m., Chairman Greenberg opened the public hearing for the consideration of Proposed Ordinance #05-203Z - Flag Lot Ordinance. Notes of testimony were taken by Court Stenographer, Cole Schenk. Carol Tukey explained that this proposed ordinance is an amendment to the zoning code regarding flag lots. As changes have been recommended by John Chambers and Jerry Grover, a continuance of this public hearing until the November 28, 2005 meeting will be necessary. Resolution #7 approved the continuance of this hearing to November 28, 2005. The public hearing closed at 10:50 p.m.
John Nagel presented the 2006 Preliminary Budget. Mr. Nagel indicated that the real estate tax millage would continue to drop while the homestead exclusion amount would increase. As a result of the earned income tax, the Township was able to mark an additional $100,000 for use for fire services and an additional $100,000 for park and recreation. The preliminary budget will be available for review for 30 days and the final budget will be presented for adoption at the December 12, 2005 Board meeting.
Under monthly reports, Chief Brady provided highlights from the Police Department including the proposed registered sex offender restrictions ordinance which will be consider for advertisement on the consent agenda this evening. Kevin Costello submitted his report. Jerry Grover announced that the new fire substation will have a brief dedication ceremony on Saturday, November 12, 2005 at 10:00 a.m. Monica DeCaro announced that the Township created an RFP to solicit for new banking business. Ten proposals were received. Andrea Collins announced that the Citizens University is now in its second year and Ms. Collins invited the Board of Supervisors to informally meet with the students at the last class on December 6, 2005. Carol Tukey provided an update on the Planning and Economic Development Department which included a new mission statement and strategic plan.
John Nagel announced that Horsham Township requested our support in recognizing their formation of a Local Reuse Authority on October 12, 2005. A letter has been drafted for the Board’s approval of support. Resolution #9 unanimously approved the letter of support for Horsham Township’s Local Reuse Authority.
Under the consent agenda, the minutes of meeting for October 11, 2005 and payment of bills were approved as submitted. Resolution #10 approved the police pension plan consultant (Smith Barney). Resolution #11 approved the renewal of the Volunteer Medical Service Corps lease. Resolution #12 approved the escrow release for Macaroni Grill. Resolution #13 approved the escrow release for Indian Lake Farm. Resolution #14 authorized the Township Manager to advertise for a public meeting for Electrical Underwriters for November 28, 2005. Resolution #15 authorized the Township Manager to advertise for a public meeting for proposed Ordinance #05-204, Registered Sex Offender Restrictions. Resolution #16 approved the land development agreement for WXZ/Penn LLC - Advance Auto Parts. Resolution #17 approved the right of way grant with Verizon for the fire substation. Resolution #18 authorized the Township Manager to advertise for bids for Police Uniforms. All consent agenda resolutions were approved unanimously.
There being no further business, the meeting adjourned at 11:05 p.m.