Monday, August 10, 2009
Chairman Michael Fox called to order the executive session at 7:30 p.m. In attendance were Supervisors Birch, Prousi and Sarosky. Supervisor McDonnell was absent. Also in attendance were Bill Kerr, Frank Bartle, John Nagel, Larry Gregan, and Bruce Shoupe. Items of litigation and potential litigation were discussed.
Chairman Michael Fox called to order the action meeting at 8:10 p.m. In attendance were Supervisors Birch, Prousi and Sarosky. Supervisor McDonnell was absent. Also in attendance were Frank Bartle, John Nagel, Bruce Shoupe, Kevin Costello, Richard Brady, William Brightcliffe, Larry Gregan, Pam Gural Bear and Deb Rivas.
Chairman Fox announced that there would be an additional item to the agenda. The additional item would be the Board's consideration of opposing the Zoning Hearing Board application for Costco and gasoline pumps.
Under public comment, Pam Gural Bear provided an update on issues raised by resident Dot Beideman at the last Board meeting. Mrs. Gural Bear stated that Mrs. Beideman was concerned about a pond of water which is harboring mosquitoes and is located at the work site at the corner of Horsham and Stump Roads. Mrs. Gural Bear indicated that the Township contacted the Montgomery County Health Department and an investigation was launched. The Health Department indicated that there was no evidence of mosquito larvae. The Health Department also noted that several geese were living near the pond and that geese will also eat any mosquito larvae that might exist. Mrs. Beideman also requested police to monitor the traffic which backs up at North Wales Road as a result of the construction on Horsham Road. Mrs. Gural Bear stated that she spoke to the police department and there are many construction projects going on in the Township at this time. The police will continue to monitor the situation as the construction is ongoing, however, it was agreed that it was not necessary to post a full time police officer at this location at this time.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting to discuss two matters of litigation and potential litigation regarding the Country Furniture site and the Costco Zoning Hearing Board matter. Mr. Bartle also announced that the Board had met in an executive session on August 6, 2009 at 7:00 p.m. to discuss a personnel matter. Mr. Bartle indicated that these discussions were permissible in Executive Session under the guidelines of the Sunshine law.
Mr. Bartle announced that at the last public meeting, the Board took action to authorize the Solicitor to appear at the zoning hearing board on behalf of the Supervisors to oppose the zoning hearing board application of Costco regarding the addition of gasoline pumps. Mr. Bartle indicated that based upon discussion with the applicant's counsel, the Board wishes to withdraw its opposition to the application. A motion was made to withdraw the Board's opposition to the Costco zoning hearing board application and the Board requests that the Zoning Hearing Board require that Costco withdraw its appeal of the determination of the Zoning Officer and proceed on the variance matter. Mr. Bartle stated that the Board's withdrawal to its opposition is on the condition that Costco withdraw its appeal and that the sale of gasoline be restricted to members of Costco only. Mr. Bartle said that the Board requests that the restriction be incorporated as a condition of any approval of the Zoning Hearing Board. Mr. Bartle concluded that other than those conditions, the Board has no comments to make and the Zoning Hearing Board should decide the case on the merits presented. Supervisor Prousi made the motion and Supervisor Birch seconded the motion. There was no public comment. Resolution #1 approved the motion as stated unanimously.
Under the consent agenda, the minutes of the meeting for July 27, 2009 and the payment of bills were approved as submitted. Resolution #2 unanimously approved the transfer of funds to the Autumn Festival fund. Resolution #3 approved the Fall Recreation Programs and Fees. All consent agenda resolutions were approved unanimously.
Under other business, Supervisor Prousi asked when the Board would continue to work on the Executive Session matter regarding the police department. Chairman Fox indicated that the matter was being actively worked on at this time between the Administration and the Police Chief. Supervisor Sarosky commented that is purely an administrative matter and not a discipline issue. Supervisor Prousi asked the Board to set a timeframe to resolve the issue. The Board agreed that the matter should be resolved within 30 days.
There being no further business, the meeting adjourned at 8:16 p.m.