MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

FEBRUARY 14, 2005

At 7:00 p.m. Chairman Pete Greenberg called to order the Executive Session. In attendance were Supervisors Kuhn, Prousi, Sarosky and Witmer. Also in attendance were John Nagel, Merle Ochrach, Eric Phillips, and Chief Richard Brady. Personnel and litigation matters were discussed. The Executive Session adjourned at 8:00 p.m.

At 8:02 p.m. Chairman Greenberg called the work session to order. In attendance were Supervisors Kuhn, Prousi, Sarosky and Witmer. Also in attendance were John Nagel, Gerald Grover, Kevin Costello, Merle Ochrach, Andrea Collins and Shirley Snyder.

The Emergency Access – Montgomery Lea Development discussion continued from the January 28, 2005 Work Session. Director of Public Works, Kevin Costello advised the Board that the access way is owned by the township, township Public Works crews are responsible for mowing and trimming, and the addition of a permanent fence would create additional maintenance. There was some discussion regarding the number of Emergency Accesses within the township, and whether a precedent would be set if a fence were to be installed at this location. Mary Smith of 102 Major Drive and Stephen Combs of 101 Major Drive explained to the Board of Supervisors that the Homeowner’s Association mows this area weekly. After some discussion, it was recommended that the chain that goes across this access be replaced with a more permanent type of fence. The work session adjourned at 8:10 p.m.

At 8:13 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, Merle Ochrach, Michael Solomon, John Chambers, Phil Wursta, Rick Tralies and Shirley Snyder.

The first order of business was the appointment and swearing in of new Planning Commission candidates. Resolution #1 unanimously appointed Susan Menno to the Montgomery Township Planning Commission. Resolution #2 unanimously appointed Eric Phillips to the Montgomery Township Planning Commission.

Assistant to the Township Manager, Andrea Collins provided the Board with an update on the revisions made to the Residential Survey Proposal. The basic changes had to do with the Route 202 Bypass segment of the survey. Supervisor Kuhn noted that the Planning Commission had been omitted from the list of boards, committees and commissions. Supervisor Kuhn also noted that the Multi-Cultural Committee is still in the planning stages, and has not yet been formally organized as a township committee. Supervisor Witmer recommended that the wording in the Demographic Information section titled “your Community” be revised to determine which development or area a resident lives in. Andrea Collins thanked the Board for their suggestions and stated that these revisions will be made.

John Nagel provided an update on the Route 202 Bypass. A small group of representatives from Montgomery Township and the neighboring communities who are in support of the bypass will be traveling to Harrisburg on Wednesday, February 16, 2005 for a briefing on the status of Section 700. Secretary Allen Biehler and Deputy Secretary Larry King will be conducting this briefing. Mr. Nagel assured the Board and residents that the information obtained at the briefing will be on the website and on Channel 22.

There was no public comment for items not listed on the regular agenda at this evening’s meeting.

Merle Ochrach announced that the Board had met in an Executive Session earlier this evening to discuss matters of personnel and litigation. The litigation matters discussed were the Montgomery Mall Tax Assessment Appeal, Frank Rich vs. Montgomery Township, Montgomery Township vs. Frank Rich, and the Land Use Appeal for Franklin and Montgomery Associates.

Under the Manager’s Report, John Nagel reported that the township has reached agreement on a Labor Contract with the Montgomery Township Police Department. Resolution #3 unanimously approved the Labor Contract with the Montgomery Township Police Department Collective Bargaining Unit (CBU) effective December 24, 2004 to December 20, 2007.

Under Monthly Reports, Chief Brady reported that the Police Department had responded to 2,329 calls for service in the month of January. Chief Brady also commended the Public Works Department for the excellent job they did in snow removal. Kevin Costello reported that the township’s efforts with PennDot to secure left hand turn arrows at the intersection of Stump and Horsham Roads was successful. Jerry Grover reported that the Fire Department of Montgomery Township had responded to 57 incidents in January. Mr. Grover also reported that Channel 6 news had provided the department with 80 smoke detectors which they will be distributing to senior citizens in the township. Monica DeCaro reported that the books for 2004 are nearly closed.

Matt Johnston and Phil Wursta of Pennoni Associates summarized the widening of Horsham Road project. This project will be done in three phases. Phase 1 will be with the widening of Horsham Road from Stump to General Hancock Roads. The road will be widened to be two lanes in either direction, and a center turn lane. The work is being done by Allan Myers, and is scheduled to begin in the spring of 2005, and be completed in the fall of 2005. Phase 2, which is in the design stages, will be the widening of General Hancock Road to North Wales Road. Phase 3, widening Horsham Road from North Wales to the five points intersection is a PennDOT project. Supervisor Kuhn questioned whether there will be provisions for a walking path or bike trail along the side of the road when it is completed. Matt Johnston stated that it does not appear to be in the plans, but there will be an 8’ shoulder on the side of the road. There was some discussion as to why the township was required to pay for the engineering costs, which amounts to approximately 10% of the construction cost, for improvements to a state road.

Mike Solomon provided an Executive Summary of the Hawthorne Court consideration of plans. Ron Klos of Bohler Engineering, and Jim Garrity were present to discuss the scope of the plans. Jim Garrity, attorney for the applicant explained that the only modifications to the original plan are traffic modifications. Due to sight distance limitations, the plan has been revised by reconfiguring the driveway for right turn egress only and relocating the driveway approximately 300 feet south to improve the sight distance. Due to the inability to acquire right-of-way south of the development to allow for an additional northbound through lane and right turn lane at the Gwynmont Drive Extension, the applicant has agreed to submit an escrow to complete these improvements when the right-of-way becomes available. Supervisor Kuhn inquired whether the posted speed limit on the road should be lowered. Supervisor Prousi questioned when the project would be started. While there is no immediate start date available, the project will get underway when the pre-leasing has been satisfied. Resolution #4 unanimously approved the plans for Hawthorne Court. Supervisor Kuhn also requested that Public Works look at the park entrance sign on Kenas Road, and adjust the sign, to cut down the sun glare on the sign.

Mike Solomon provided an Executive Summary of the consideration of plans for the Crispo Tract. Neil Stein of Kaplin Stewart provided the Board with an overview of the project, and stated that the applicant is requesting only one waiver. Supervisor Kuhn questioned whether the roads will be dedicated to the Township. Mr. Stein stated that the roads will be private and maintained by the Homeowner’s Association. Brad Grauel of Light-Heigel and Associates was also present. There was some discussion concerning the number of trees. The chart on the plans will be corrected to be consistent with the drawings. Under public comment, Gary Tiller of 1237 Kenas Road thanked Mike Solomon for keeping him updated with the progress of the project. Mr. Tiller had some questions and issues with the method of drainage as it is shown on the plans. John Chambers stated that he has reviewed the drawings and is satisfied with the drainage design. Joan Foulke of 1242 Kenas Road questioned the square footage of houses that will be built under this plan. After some discussion, Resolution #5, approving the plans for the Crispo Tract was unanimously approved.

John Nagel provided the Board with a summary of the recent bid opening for the fire sub-station. Jonathan Trump, architect with Kimmel-Bogrette Architecture + Site reviewed the results of the bid opening which was held on January 28, 2005. Mr. Trump provided the Board with a summary and tabulation of the four prime contracts. The low bidder for General Construction was Twining Construction. B & E Boiler Works, Inc. was the low bidder for Mechanical Construction, Dual Temp was the low bidder for Plumbing Construction, and MJF Electrical Contracting was the low bidder for the Electrical Construction. There were several alternates that were bid in the project, and were recommended to be included in the bid. The total award price for these bids will be $1,101,068, and as a result of the re-bidding of the project, Montgomery Township will see a savings of approximately $221,000 over the original bid amounts. Resolution #6 unanimously approved the award of bids for the fire sub-station.

Under the consent agenda, the minutes of meeting for January 24, 2005 and the payment of bills were approved as submitted. Resolution #7 unanimously authorized the Township Manager to advertise for Public Works Annual Bids.

There was some discussion on the Deeds of Dedication – Right-of-Way for Trefoil Properties on Route 202 at Gwynmont. There is an outstanding issue concerning the right-of-way. Montgomery Township would like to dedicate the portions of the right-of-way that is deeded to Montgomery Township to PennDOT. After considerable discussion, Resolution #8 was unanimously approved with the condition that satisfactory revision of the legal descriptions to be reviewed and approved by the Engineer.

There was also discussion on the Deeds of Dedication for Kingston Knoll. Under public comment, Richard Menno of 109 Kingston Way questioned whether this pertained to the streets or landscaping. Mr. Menno also expressed concern with the drainage issue. The Homeowner’s Association has sent a letter to the township stating their concerns with the drainage matter. John Nagel will review the letter and discuss with the staff and consultants. Merle Ochrach reminded the Board that the Deeds of Dedication pertains only to the street right-of-way, not drainage matters. Resolution #9 unanimously approved the Deeds of Dedication for Kingston Knoll.

Resolution #10 unanimously approved the application for permit to install and operate traffic signal on Route 202 at Gwynmont Drive. A conditional use Decision and Order for Xceleration, LLC was unanimously approved by Resolution #11. Kevin Costello advised the Board that the Public Works Department would be removing the old backstop at Fellowship Park, which will result in a monetary savings to the township. Resolution #12 unanimously approved the award of bid for chain link fence backstop for Fellowship Park to Amity Fence Company.

There being no further business, the meeting adjourned at 10:05 p.m.