MINUTES OF MEETING
June 27, 2011
Chairman Robert Birch called to order the executive session at 7:00 p.m. In attendance were Supervisors Michael Fox, Jeffrey McDonnell and Joseph Walsh. Supervisor Candyce Chimera was absent. Also in attendance were Lawrence Gregan, Frank Bartle, Esquire, Ann Shade and Richard Lesniak. Matters of personnel and litigation were discussed.
Chairman Robert Birch called the regular action meeting to order at 8:04 p.m. In attendance were Supervisors Michael Fox, Jeffrey McDonnell and Joseph Walsh. Supervisor Candyce Chimera was absent. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, John Chambers, Judith Stern Goldstein, Kevin Johnson, Ken Amey, Richard Brady, Bruce Shoupe, Ann Shade, Shannon Drosnock, Scott Bendig, Stacy Crandell, Sharon Tucker, Richard Grier and Shirley Snyder.
Chairman Robert Birch called for public comment from the audience. Adrienne Jappe of 211 Filly Drive expressed her dissatisfaction with the Kids University Trip program. Ms. Jappe enrolled her children in the Kids U program because of the weekly trips that are offered. This year, due to a significant increase in registrations, the weekly trips were filled to capacity at an early date. Ms. Jappe does not want her children to spend the entire week at Kids U playing sports and doing crafts. She also noted that she wasn't told that registrations for the trip were on a first come, first serve basis, nor that the trips would fill to capacity.
Frank Bartle, Esquire, announced that the Board met in executive session from 7:00 p.m. to 8:00 p.m. Mr. Bartle reported that the RD Management Zoning Validity Challenge was discussed. Two personnel matters were also discussed: potential police hiring and potential hiring of a Director of Fire Services. Mr. Bartle said that these matters are legitimate subjects for an executive session pursuant to Pennsylvania Sunshine law.
Chairman Robert Birch made a motion to approve the minutes of the June 13, 2011 Board meeting and Supervisor Michael Fox seconded the motion. The minutes of meeting were unanimously approved as submitted.
The Board recognized District Attorney Risa Ferman for her generous contribution toward the acquisition and training of Montgomery Township's newest canine team - Officer Daniel Rose and Canine Duke. As Ms. Ferman was unable to be present at the meeting, a Certificate of Appreciation will be given to her to thank her for her contribution. The Board also recognized the Township's newest Canine Team - Officer Daniel Rose and Canine Duke. Officer Rose and Canine Duke participated in two phases of training beginning on May 2, 2011. Resolution #1 unanimously recognized and commended District Attorney Rise Ferman for her support and commitment to the Montgomery Township Police Canine Unit and commended Officer Daniel Rose and Canine Duke for their successful completion of training and certification as a Police Canine Team.
Community Policing Officer, James Matlack was recognized for his many years of service to the residents of Montgomery Township. As Community Policing Officer, Officer Matlack works within the community to resolve neighborhood issues, assist the elderly, and any other community based matters. Officer Matlack is also responsible for maintaining Town Watch Groups, conducting residential, commercial and industrial security surveys, crime prevention seminars, retail theft seminars, fraud seminars and personal safety seminars. He has conducted the DARE Program for a number of years. Resolution #2 unanimously recognized Community Policing Officer James Matlack for his dedication and years of service to the residents of Montgomery Township.
Chief Richard Brady reported that Officer John McGready was appointed to the Montgomery Township Police Department as a Recruit Patrol Officer in 1994, and attained the rank of Patrol Officer I in 1997. He has attended courses conducted by the Pennsylvania State Police for fingerprint examination, and it is anticipated that he will be a certified fingerprint examiner in the near future. Resolution #3 unanimously recognized and congratulated Officer John McGready on his reassignment to the position of Detective with the Montgomery Township Police Department effective January 2011.
Stacy Crandell reported that the Senior Volunteer Committee will be hosting a seminar entitled "Making a Choice that is Right for You". This seminar will be held on Wednesday, June 29, 2011 at 7:00 p.m. at the Township building. Rosemary Ferrino will speak about medical directives, living wills, health care proxy, medical power of attorney and organ donor cards. All residents are invited to attend this popular seminar.
Jim Garrity, Esquire, representing Hawthorne Court Associates reported that the applicant is seeking approval of the Final Land Development Plan for a 12+ acre parcel located on the eastside of DeKalb Pike at the intersection with Gwynmont Drive. The plan proposes the construction of a three-story office building, a four-story 83 room hotel, and a day care center. The project will be completed in phases. The plan also proposes the extension of Gwynmont Drive to the intersection of Route 202. This piece of property has been vacant for a long period of time, and various other uses have previously been proposed. Mr. Garrity reported that this plan received unanimous approval by the Planning Commission. Mr. Garrity further stated that a meeting was held with the residents in the neighborhood to hear and address their concerns. The concerns voiced by the residents were reviewed by the applicant, and voluntary modifications and revisions were made to accommodate these requests. Some of the revisions to the plan included: reducing the number of parking lot lights and the use of shields to lower the glare to adjoining residences; lowering the height of the parking lot lights; relocation of the building sign from the east side to the south side of the building, rather than at the rear of the building so they cannot be seen from adjoining residences; providing specific times for trash collection and deliveries to be adhered to; installation of an 8 foot high shadowbox fence along the northern and eastern property lines to assist with security and buffering; planting a row of evergreen trees 10 - 12 feet high on top of the berm to provide for an additional buffer to the neighbors. Mr. Garrity reported that the previous Board of Supervisors was insistent on connecting Gwynmont Drive to DeKalb Pike. This road has not yet been built, but needs to be built at least to the access drive of their proposed development. Mr. Garrity stated that his client is prepared to build the road full width for the entire length. If the Board does not want the entire road accessible at this time, a chain could be used to close off the remaining portion of the road, past this development. Mr. Garrity noted that the waivers being requested are for improvements to the plan. Payment of a fee in lieu of some of the trees and shrubs is also being proposed by the applicant. Mr. Garrity also stated that his client is in agreement with all the staff review letters and is respectfully requesting approval of the waivers and final approval of the plan.
Jay Glickman, Vice Chairman of the Planning Commission confirmed that the Planning Commission gave their approval to the plan and that the developer is in compliance with all the Zoning requirements.
Kevin Johnson commented that if the road is built in conjunction with the development of this property, the cost would be borne by the applicant. Waiting to build the road until a later time could result in the Township bearing the cost for the construction of the remainder of the road. The Township would determine if and when the road would be open for public access.
Various thoughts and ideas on the road extension, traffic concerns, traffic signal installation, emergency access and constructing the road with a landscaped median were discussed. John Chambers stated that the proposed road should exit at a traffic signal for safety reasons. Kevin Johnson concurred with Mr. Chamber's statement. Judith Stern Goldstein reported that the developer has met all landscaping requirements, with the inclusion of waiver requests for a few items.
The Board entertained public comment on this matter. Mary Lynn Alvarino of 102 Oval Lane advised that the residents had submitted a petition in opposition to the proposed construction of a four-story hotel on the property. She noted that neighbors have many concerns, including hotel guests looking right into their back yards, noise concerns from trash removal and deliveries, the constant illumination caused by the parking lot lights as well as safety concerns. Ms. Alvarino also stated that the neighbors are opposed to the extension of the road, which would invite additional traffic into their neighborhood.
Della Payne of 101 Trotter Lane noted that the resident's requests have not been met as stated by Mr. Garrity. Ms. Payne said that the neighbors requested another type of development, other than a hotel or a building less than four stories in height; a wall in lieu of a fence to provide greater security; and an increase in the set back from their homes. Ms. Payne also stated that there had been a crime committed within their neighborhood and fears that they could be exposed to other issues with the clientele using the hotel. This community wishes to remain isolated from commercial development.
Linda McAllister of 105 Clayton Court agreed with all the comments made by the previous neighbors. She stated that she sees irony in the fact that earlier this evening, the Board honored several police officers for providing a high quality of life for the residents of Montgomery Township, and now are considering a plan which would alter the quality of life for their neighborhood.
Byron Yost of 133 Gwynmont Drive commented on the back up of traffic that will occur when you add vehicles entering and exiting from the hotel. Mr. Yost also noted that drivers will take his winding neighborhood road and use it as a shortcut, which will pose a safety concern for all the residents. Mr. Yost also noted that presently about 20 cars use this road, but with the development of the property, up to 200 cars could be traveling through their neighborhood.
Bob Gursky of 120 Gwynmont Circle commented that in addition to the increase of vehicle traffic, there will be delivery trucks, limo drivers, etc. traveling through their neighborhood. He also noted that the parking lot of the proposed hotel is only 25 feet from residential property lines.
Rachel Yoka of 103 Trotter Lane inquired whether a day care facility has been secured for that phase of the development. Mr. Garrity reported that one has not yet been secured. Ms. Yoka reported that if a day care tenant is not secured, the parking requirements for the site will not be met.
The possible installation of a traffic signal at the intersection of the existing Gwynmont Drive was discussed. Supervisor Michael Fox inquired whether PennDOT would install a traffic signal at this intersection. Kevin Johnson stated that PennDOT could be asked to do an analysis of the intersection, but opined that the traffic generated by 84 homes in all probability would not be sufficient volume to warrant a traffic signal. Considerable discussion followed concerning the extension of the road, traffic concerns, traffic signal, safety issues, emergency access and resident concerns.
Supervisor Jeffrey McDonnell inquired whether the Board could determine what Trefoil could build on the property. Frank Bartle advised the Board that the law contains certain constraints within the SALDO and Zoning Ordinances. If the applicant is in compliance with the requirements of these two Ordinances, the Board has no basis for denial of the plan, and therefore must approve the plan. The Board also inquired as to whether the Ordinance could be changed at this time. Mr. Bartle advised that while the Ordinance could be changed, it could not be done at this time to effect a change to this proposed plan. Any denial of the plan by the Board must be accompanied by specific items that are deemed to be deficient.
Supervisor Michael Fox recommended that the Board make no decision on this request until all options are explored. Motion #1 made by Supervisor Joseph Walsh recommended tabling action on the Hawthorne Court Preliminary/Final Plan and requesting that Mr. Garrity discuss with his clients, installing a wall instead of a fence along the east and north property lines, dedicating the Gwynmont Drive Road Extension Right of Way to the Township, contributing the unused Gwynmont Drive Extension funds to the Township for other purposes and, directing the Township Traffic Engineer to get the ball rolling with respect to conducting a traffic study of the intersection of Gwynmont Drive and 202. Chairman Robert Birch seconded the motion, which was unanimously approved. The Board will reconsider this request for approval of the plan at a future meeting. Chairman Birch thanked all the residents for coming out and expressing their opinions tonight.
Resolution #4 unanimously approved the construction escrow release for Montgomery Square United Methodist Church - LDS#638.
Resolution #5 authorized the Solicitor to take action to extend, replace or call the Letter of Credit for Montgomery Office Park Land Development - LDS#633. Supervisor Michael Fox abstained from all discussion and voting on this item as he is an employee of Univest Bank.
Resolution #6 unanimously approved the change order for the addition of raking and seeding work for the Whistlestop Park Revitalization Project as presented by Bloodgood Landscape Corporation in the amount of $12,414.71.
Lawrence Gregan reported that the cost of asphalt paving materials has gone up based on the fluctuation of the asphalt price index. This increase in asphalt costs will result in an increase of approximately $61,000 for the roadwork over the budgeted amount for 2011. Mr. Gregan reported that two options are available to the Board. The paving schedule could be adjusted and scaled back for this year to meet the amount budgeted for the work. The other option would be to make an amendment to the budget to pave the same number of roads and use funds from the Road Maintenance Reserve Fund to pay the additional asphalt paving materials costs. Supervisor Michael Fox recommended that the Board keep the paving schedule as it was originally set. Motion #2, made by Supervisor Joseph Walsh, unanimously approved keeping the paving schedule as it currently is set and using funds from the Road Maintenance Reserve Fund to defray the additional costs.
Resolution #7 unanimously authorized the Township to continue to participate in the Montgomery County Community Development block Grant Program for the program periods 2012-2014 inclusive.
Resolution #8 unanimously approved the release of the maintenance bond in the amount of $900 held for the Stump Road Fire House Sod Installation Project.
Chairman Robert Birch made a motion to approve the payment of outstanding bills. Supervisor Michael Fox seconded the motion. The payment of bills was unanimously approved as submitted.
Under other business, Solicitor Frank Bartle announced that the Board of Supervisors will hold an Executive Session at 7:30 p.m. on Tuesday, June 28, 2011, prior to the Zoning Hearing Board meeting to discuss the RD Management Validity Challenge.
Jeremy Fernandez of 6704 Colonial Court made public comment and stated that the Kids University Trip Program is not meeting his expectation and said that there was a lack of planning on the part of the Township. Mr. Fernandez requested a resolution to the situation, which would allow his children to be included in all of the trips. With the increased number of registrants in the Kids U Program this year, the bus for the trips filled quickly. Chairman Robert Birch stated that the Township has experienced a substantial increase in campers, has adequate staff to operate the program safely, and that all our advertising about the Kids U Program stated that trips are on a first come, first serve basis. Mr. Birch also noted that the program has been very well planned. Lawrence Gregan noted that the enrollment for 2010 was approximately 80 children per day, and in 2011 our enrollment is up to 110 to 120 per day. He stated that the Township has hired additional staff to ensure that it meets the recommended counselor/camper ratios and have been flexible in extending registrations past the deadline. Mr. Fernandez inquired about the possibility of parents chaperoning the trips so an additional bus could be added. Mr. Gregan reported that we have checked with our Insurance carrier and they advised against that option. Supervisor Joseph Walsh said that the Township is offering a cost effective program to residents. Mr. Gregan stated that the staff will take the request under advisement, and explore other possible options.
There being no further business to come before the Board, the meeting adjourned at 10:17 p.m.