MINUTES OF MEETING OF THE BOARD OF SUPERVISORS OF MONTGOMERY TOWNSHIP
Monday, March 23, 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, Robert Kerns, Ken Amey, Bruce Shoupe, Larry Gregan, Richard Brady and Michael Jenkins. Items of personnel, litigation and potential litigation were discussed.

Chairman Michael Fox called to order the action meeting at 8:03 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, Bill Brightcliffe, Pam Gural-Bear, Kevin Costello, John Chambers, Earl Armitage and Deb Rivas.

Under public comment, Rick Calhoun of the Montgomery Township Baseball Softball Association announced that the league will start its season this Saturday. Mr. Calhoun and other members of the association wanted to thank the Board of Supervisors and Township staff for their support over the years. Also under public comment, Dorothy Biedeman of the Village of Neshaminy Falls asked who was responsible for the traffic light at the intersection of Upper State and Horsham Roads. Ms. Biedeman indicated that the left green arrow on Upper State Road is intermittent at all times of the day and it needs to be correct. Kevin Costello indicated that Montgomery Township owns and operates the traffic signal at that intersection and that he will have it checked immediately.

Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting for matters of personnel which included the introduction of the new police officer, Michael Jenkins. Mr. Bartle also noted that matters of litigation were discussed which included a zoning hearing board matter for Gwynmont Farms as well as potential litigation matters. Mr. Bartle indicated that these discussions were permissible in executive session under the guidelines of the Sunshine law.

Chief Richard Brady introduced the latest Police Cadet, Michael Jenkins. Mr. Jenkins is a recent graduate of the Municipal Officers Education and Training Commission Act 120 Police Recruit Training Academy. Chairman Fox administered the oath to Officer Jenkins and Resolution #1 unanimously appointed him to the position of Police Cadet.

John Nagel provided an update on the 202 Parkway project. Mr. Nagel stated that construction has begun on Section 701 (Welsh Road to Horsham Road). Section 711 (Horsham Road through County Line Road) and Section 721 (County Line Road to Doylestown) will begin shortly. Mr. Nagel said that based on current projections, the entire 202 Parkway is expected to be open by October 31, 2011. Mr. Nagel said that public information meetings are being scheduled. Mr. Nagel also informed the audience that the road between General Hancock Boulevard and Costco will be closed in April 2009 while the project is under construction.

Kevin Costello said that several requests had been received from Township residents to install a crosswalk on Kenas Road to connect Windlestrae Park with the Estates of Windlestrae. Mr. Costello stated that several steps were required to accomplish this, including permission from PennDOT, a recommendation from the Township's insurance carrier for liability issues, certification from the traffic engineer that the crosswalk would meet all standards, and a review and approval for the installation from the Solicitor's office. Mr. Costello said that the total cost would be $300 and the work would be completed in house by the Public Works Department. Chairman Fox indicated that he had first heard this request at the Township's Autumn Festival in October, 2008, and that residents should understand that while sometimes it seems to take a long time to get things accomplished, there are many steps that must be taken.

Pam Gural-Bear announced that the 18th annual International Spring Festival is an event that is hosted by the Lansdale Public Library and was created to celebrate ethnic and cultural heritages through performances, food, and cultural displays. Ms. Gural-Bear said that the event takes place on Saturday, April 18th from 11:00 a.m. to 5:00 p.m. at the North Penn High School. Ms. Gural-Bear also announced that the township Recreation staff will be participating in the event and promoting the Township recreational activities. Resolution #2 unanimously recognized the event and the volunteers who help to make it a reality every year.

Pam Gural-Bear announced that the Township would be celebrating Local Government week to be held throughout the state from April 13th to April 17th. Stacey Crandell stated that local area school children will come to the Township Building for a tour and demonstrations by various Township departments. Ms. Crandell also said that several public meetings will occur throughout the week which will be highlighted on the Township website, cable channel and a press release. Ms. Gural-Bear stated that a Legislative Breakfast is scheduled for the final day of Local Government Week and that officials from across Pennsylvania are invited to the Legislative Breakfast meeting. Ms. Gural-Bear said that the meeting will include discussions regarding issues affecting local communities. Chairman Fox suggested that the topic of the Willow Grove Naval Air Base and the legislation being proposed by Senator Greenleaf be added as a topic of discussion. Resolution #3 unanimously recognized local government week and the local area elementary schools that sponsor student government programs.

Bruce Shoupe stated that at a previous meeting, the Board agreed to allow the general contractor for the 202 Parkway project (J.D. Eckman, Inc.) to utilize vacant ground that the Township owns adjacent to Knapp Road as a staging area for storage and other equipment and materials. Mr. Shoupe said that the contractor is now asking for permission to fill an area which the Township owns behind this site with excess fill material from the project. Mr. Shoupe indicated that all grading, seeding, permits, project design and consultant fees would be the responsibility of the contractor. Mr. Shoupe also said that the Township Engineer's office would supervise the design and construction. Mr. Shoupe indicated that the finished product would be a fairly level grass area which may result in a tot-lot, all purpose field or baseball field. Resolution #4 unanimously authorized the placement of excess fill material from the 202 Parkway project on the Township property adjacent to Knapp Road, subject to successful negotiations with the contractor.

Bruce Shoupe stated that in December 2007, an ordinance was adopted which permitted certain commercial uses in the HLI District, conditioned upon meeting certain public improvements which are of a regional public benefit. Mr. Shoupe said that these parameters were defined based on input from PennDOT and the Montgomery County Planning Commission, to allow the breaking of the traffic barrier along Route 309 near the intersection of Stump Road. Mr. Shoupe also said that other major roadway improvements on Stump Road are needed. Mr. Shoupe recommended and the Board approved unanimously by Motion #1 that Ken Amey and Robert Kerns, Esquire, should be appointed to handle any development plans that are presented to the Township by current or prospective property owner(s) that meet the required traffic improvements. The motion further approved that a meeting should be scheduled by Mr. Shoupe to include Mr. Amey, Mr. Kerns, Fran Hanney from PennDOT, Leo Bagley from Montgomery County Planning Commission, along with other Township staff and consultants as necessary.

Mr. Shoupe indicated that an application had been made to the Zoning Hearing Board to allow for the control building of the former Gwynmont Farms sewage treatment plant to be used as a residence. The Board has decided to take formal action on the opposition to the Zoning Hearing Board application as discussed in executive session. Chairman Fox presented Resolution #5 which moved that the Board of Supervisors oppose the Zoning Hearing Board Application of Gwynmont Farms Utility Corp. Mr. Fox also stated that the Township shall be made a party in opposition to the application and that the Kerns Pearlstine law firm shall handle the matter as conflict counsel for the Township. The resolution was unanimous, with Supervisor Sarosky absent.

Under the consent agenda, the minutes of the meeting for March 9, 2009 and the payment of bills were approved as submitted. Resolution #6 authorized the Township Manager to re-advertise the Township meeting dates. Resolution #7 authorized the Township Manager to advertise for a public hearing for proposed Ordinance #09-236Z - Amendment to Sign Ordinance. Resolution #8 approved the re-appraisal of parcel for the PennDOT Right-of-Way. Resolution #9 approved the construction escrow release for Montgomery Walk Phase I. Resolution #10 approved the construction escrow release for the Gateway Center. Resolution #11 approved the rejection of all Equipment Rental with Operator Bids. Resolution #12 approved the request for support for state action to ensure prompt and fair payments to ambulance companies - VMSC. All consent agenda resolutions were unanimously approved.

Supervisor Prousi inquired as to the status of the Welcome to Montgomery Township sign that is to be installed at the Gateway Center at Route 202 and 63. Mr. Shoupe indicated that there had been a problem with the placement and location of the sign. Mr. Shoupe will check with the developer and PennDOT to determine the status of the sign.

There being no further business, the meeting adjourned at 8:49 p.m.