MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

NOVEMBER 28, 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, Monica DeCaro, Andrea Collins and Chief Richard Brady. 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, Earl Armitage, Ed Slaw and Deb Rivas.    

Jerry Grover, Director of Fire Services, introduced Bernie Heinze, President of FDMT, Dave Vasconez, Fire Chief, and Gene Zeiner, Officer of FDMT. Bernie Heinze announced that several hundred students participated in the annual fire safety poster and essay contest and the top eighteen finalists were present to accept their awards this evening. Each student received a savings bond. Resolution #1 unanimously recognized the following Montgomery Elementary, Bridle Path Elementary and Mary Mother of the Redeemer students for their participation and winning entries: Alex Servie, Mackenzie Melsheimer, Haley Spone, Matthew Echelmeier, Emma McCoy, Christopher Smith, Christina Murdoch, Priya Kikana, Michael Depaolantonio, Danny Meer, Alex Kramer, Jake Jebran, Rachel Groat, Dalton Rainone, Madison Heilveil, Morgan Farrell, Jacob Boyce, and Hannah Shade.

Marianne McConnell and Michael Galla provided a demonstration on the proposed uses for GIS (Geographic Information Systems) for the Township. Sample maps and data were provided and discussed. Township Manager, John Nagel, announced that funds had been budgeted for in 2006 to continue the implementation of GIS in Montgomery Township.

There was no public comment for items 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 and potential litigation which included the Sinn zoning matter and personnel issues.

Under the Manager’s Report, John Nagel highlighted several items including an update on the status of the citizen’s survey. Various staff meetings have occurred and a presentation will be prepared showing the results sometime early next year. Banking services RFPs have been distributed to area banks and representatives from those banks are currently making presentations to the Township staff. The Board and Finance committee will be provided the results of those presentations as soon as they are complete.

There were no Volunteer Advisory Committee Reports provided at the meeting.

At 8:42 pm, Chairman Greenberg opened the continued 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. Jim Garrity and the applicant, William Messick, were present to offer a Declaration of Covenant document which was signed by the current owner of the property. The other outstanding item, which was a traffic study report, was provided to the Township Traffic engineer for their review. Discussion followed. Resolution #2 approved Ordinance #05-201Z by a vote of 4 to 0, with Vice Chairman Sarosky abstaining from the vote.

At 9:01 pm, Chairman Greenberg opened the public hearing for 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. This amendment will assist the Township to regulate the existence and planning of flag lots. After a brief discussion, Ordinance #05-203Z was unanimously approved by Resolution #3.

At 9:06 pm, Chairman Greenberg reopened the public meeting to consider Proposed Ordinance #05-204. Police Chief Richard Brady explained that this ordinance mirrors other ordinances being enacted in other local townships and boroughs throughout the region. Merle Ochrach indicated that the Board should consider continuing the discussion of this ordinance at a later meeting as the Township’s insurance company has communicated that they have concerns about the enforceability of this ordinance. As such, modifications may need to be made. By Resolution #4, the Board unanimously approved the continuance of the consideration of this proposed ordinance to January 23, 2006 after 8:00 p.m.

At 9:13 pm, Chairman Greenberg opened the public meeting to consider Proposed Ordinance #05-205, Minor Amendments to the Electrical Code. Carol Tukey explained that this amendment adds a requirement to the Electric Code for review by an electrical underwriter and a Certificate of Inspection following construction. This amendment allows the Township to comply with the State requirement for electrical plan review and certification. Resolution #5 unanimously approved this ordinance.

A minor revision to the record plan was considered for the Indian Lake Farm development. The revision is for a lot line change between two lots in a 20 lot subdivision. The change increases the lot area of lot #2 from 15,877 square feet to 16,867 square feet. Lot #1 is still in compliance with the plan. Resolution #6 unanimously approved the minor revision to record plan for Indian Lake Farm.

A discussion was held concerning Re-Inspections for Use and Occupancy. Carol Tukey explained that the Township currently only re-inspects attached single family residential dwelling units (townhouses and condominiums). It has been requested that the Township begin investigating this program for all single-family residential dwelling units. Some Board members said that they were not in favor of this proposal and others indicated that the program should be required for all residents or none at all. A discussion of compromise continued which included paring down the list of items to be inspected to only include those which were the most serious safety issues. It was agreed to continue this discussion at the next Board meeting on December 12, 2005.

The next item on the agenda was a discussion concerning how the Board would like to receive notice of Zoning Hearing Board applications. In the past, the Board has been provided with a complete set of the application and other pertinent documents. The staff inquired if the Board would still like to receive these documents or just a summary for their information. After some discussion, it was agreed that the application and documents provided sufficient information for the Board to consider whether or not they wish to oppose an application. The Board asked that a copy of the advertisement of the hearing be included as well as a notation from Ms Tukey or Ms. Starkin to indicate if there is something significant that the Board should be aware of. Resolution #7 unanimously approved the opposition of application #05-12-877, for a dental office as a home occupation for He Kyung Kim-Yu.

Under the consent agenda, the minutes of meeting for November 7, 2005 and payment of bills were approved as submitted. Resolution #8 authorized the Township Manager to advertise for bids for a fire truck. Resolution #9 approved an escrow release for General Hancock Partnership, and Resolution #10 approved an escrow release for the North Penn Church of Christ. All consent agendas were approved unanimously.

Under other business, the Board considered a request for a waiver of curb escrow for a resident. The Board agreed that they were opposed to providing curb escrow waivers for individuals because they did not want to place any money in escrow.

There being no further business, the meeting adjourned at 9:57 p.m.