Monday, June 22, 2009
Chairman Michael Fox called to order the executive session at 7:00 p.m. In attendance were Supervisors Birch, McDonnell and Prousi. Supervisor Sarosky was absent. Also in attendance were John Nagel, Frank Bartle, William Kerr, Larry Gregan and Bruce Shoupe. Items of potential real estate acquisition, potential litigation and personnel were discussed.
Chairman Michael Fox called to order the action meeting at 8:10 p.m. In attendance were Supervisors Birch, McDonnell and Prousi. Supervisor Sarosky was absent. Also in attendance were Frank Bartle, John Nagel, Larry Gregan, Bruce Shoupe, Richard Brady, Pam Gural-Bear, Kevin Costello, John Chambers, Earl Armitage and Deb Rivas.
There was no public comment.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting for a matter of potential acquisition of real estate as well as potential litigation and personnel matters. Mr. Bartle indicated that these discussions were permissible in executive session under the guidelines of the Sunshine law.
Chairman Fox announced that the Board had discussed having special counsel represent them at the zoning hearing board application for Keystone Homebrew Supply Inc. on July 14, 2009. Bruce Shoupe indicated that the applicant is the equitable owner of the property located at 435 Doylestown Road in the R-5 zoning district. Mr. Shoupe said that the applicant proposes to relocate his present business from Bethlehem Pike and North Wales Road to this location and expand the services offered. The applicant is requesting a Special Exception or a Variance with regards to the proposed uses and parking. Resolution #1 authorized the law firm of High Schwartz to represent the Board of Supervisors at the zoning hearing board meeting by a vote of 3 to 1, with Supervisor Prousi opposing.
At 8:15 p.m., Chairman Fox opened the public hearing for proposed Ordinance #09-239Z - Home Occupation. Notes of testimony were taken by court reporter, Tim Kurek. Bruce Shoupe summarized the amendments to the home occupation ordinance. Mr. Shoupe indicated that the Township presently has three difference classifications (minor, major and no-impact) which have overlapping requirements. Mr. Shoupe stated that the overlapping requirements cause confusion at times depending on the type of home occupation being operated. Mr. Shoupe said that the proposed ordinance amendment would reduce the classifications to two types of Home Occupations and provide specific limitations to the type of business being operated. Under public comment, Dorothy Beideman of the Village of Neshaminy Falls asked if this ordinance was only advertised in The Reporter, or was it in other newspapers or on the Township website or Channel 22. Mrs. Beideman indicated that many residents do not receive The Reporter, but subscribe to the Intelligencer. Mrs. Beideman suggested that the advertisement be done in both newspapers. Mr. Bartle stated that the law requires that the Township advertise the ordinance in a newspaper of general circulation. Pam Gural-Bear indicated that the Township usually places notices of public hearings on its website and cable channel 22. The hearing was closed at 8:25 p.m. After a brief discussion, Resolution #2 unanimously approved Ordinance #09-239Z - Home Occupation.
Larry Gregan and Ed Furman of Maillie Falconiero & Company, LLP presented the results of the 2008 financial audit of Montgomery Township. Mr. Gregan explained the various components of the audit and announced that the Township had received an "unqualified" or "clean" opinion letter which is what the Township strives for each year. Mr. Furman reviewed the balance sheet as well as the statement of revenues and expenses. It was Mr. Furman's opinion that the Township is in excellent financial shape. After a brief discussion, Resolution #3 accepted the annual financial report for the year ended December 31, 2008 as prepared by Maillie, Falconiero & Company, LLP.
John Nagel provided an update on the Storm Water Management issue. Montgomery Township has taken the lead on forming a consortium of local municipalities to join in the response to comment to the PA DEP's ordinance and NPDES permit. Mr. Nagel indicated that currently 23 municipalities have committed to the group by resolution and agreement. Doug Blazey has created a draft letter response to the DEP which is in review by the committee and will be delivered to the DEP before the July 6, 2009 deadline for comments. Mr. Nagel also spoke about the need to educate the public about the possible requirements which may become every resident's responsibility. Mr. Nagel requested that the Board consider a proposal from the Gailey Murray Communications group for a unified public outreach response and education on this matter. Mr. Nagel also mentioned that another meeting would be held this week with the committee to review the final draft letter and also with the Solicitors of several municipalities to discuss the legal aspects of this group's response to the DEP. John Chambers was asked to provide his comments on this issue. Mr. Chambers stated that several months ago, he had warned the Supervisors that this matter was coming down the pike and that the Township needed to take serious action. Mr. Chambers commended the Board for taking the lead on the response to the DEP. Mr. Chambers said he was tasked with commenting and compiling the comments of his fellow engineers. Mr. Chambers said that even though he is not sure of what the outcome will be, he believes that the Township and the consortium group created to address this matter is doing everything that it can at this time. After a brief discussion, Resolution #4 unanimously authorized the services of Gailey Murray Communications for the purpose of public communications at a cost not to exceed $5,000.
Earl Armitage of Pennoni Associates provided a presentation of the current and proposed transportation projects in Montgomery Township. Mr. Armitage's presentation highlighted the current projects underway, US 202 Parkway, Horsham Road widening and Bethlehem Pike improvements, as well as those projects in final design, DeKalb Pike and Welsh Road and County Line Road widening, and those in preliminary design, County Line Road, Five Points widening and Limekiln Pike bridge reconstruction. Mr. Nagel noted that most of the projects were being funding by federal and state funding, with the Township contributing to the engineering and right-of-way costs only. Mr. Armitage also reviewed current federal and state funding issues for transportation projects.
John Chambers said that the Township normally will repair handicap ramps when it does its annual curb and sidewalk replacement program. Mr. Chambers said that this year the handicap ramps have been removed from the project due to the required redesign by PennDOT. Mr. Chambers stated that in accordance with PennDOT requirements, any handicap ramps that are to be repaired must be in compliance with the new specifications. Mr. Chambers said that any existing ramps, which are not in need of any repair, are permitted to remain as is. Under public comment, Sam Dugan of 143 Pinecrest Lane asked approximately how much it cost to replace a ramp. Mr. Chambers and Kevin Costello estimated that it would cost $3,000 to $4,000 per corner, with a total of at least $12,000 per intersection. Mr. Chambers indicated that he would keep the Board updated on this issue.
John Nagel presented to the Board the 2009/2010 Strategic Operational Plan. The plan consists of operational goals for the Township, departments and our staff. Mr. Nagel said that these goals have been established by management and are monitored regularly using performance measures. Mr. Nagel indicated that the staff will be preparing revised operational goals for 2010 as part of the 2010 budget.
Bruce Shoupe explained the new PA Home Improvement Consumer Protection Act that requires "home improvement contractors" to be registered with the state and preempts local municipalities from requiring local registration of home improvement contractors and collecting a registration fee. Mr. Shoupe said that the act becomes effective on July 1, 2009. Mr. Shoupe stated that in order to continue to require licensing of "commercial" contractors and require filing of proof of State registration by "home improvement" contractors after the Act becomes effective; the proposed ordinance was created for the Board's consideration. The Township expects a reduction of at least $25,000 because of the change in the registration fee. After a brief discussion, Resolution #5 unanimously approved Ordinance #09-238 - Contractor Registration.
Larry Gregan indicated that the staff was recommending that the Board of Supervisors authorize the execution of the application and agreement with the PA State Treasurer's INVEST Program for Local Governments to provide for a diversified and cost effective opportunity for the investment of the Township's investable fund balances. After a brief discussion, Resolution #6 authorized the Township's participation in the INVEST program.
Under the consent agenda, the minutes of the meeting for June 8, 2009 and the payment of bills were approved as submitted. Resolution #7 approved the new bond fund for the Police Pension investments. Resolution #8 authorized the disposition of records. Resolution #9 approved the submission of the 2009/2010 DUI Grant application in the amount of $88,215. All consent agenda items were approved unanimously.
There being no further business, the meeting adjourned at 9:47 p.m.