Monday, December 15, 2008
Vice Chairman Bob Birch called to order the executive session at 6:30 p.m. In attendance were Supervisors Fox, Prousi and Sarosky. Chairman McDonnell was absent. Also in attendance were John Nagel, Frank Bartle, Larry Gregan and Bruce Shoupe. Items of potential real estate acquisition and purchase, potential litigation, litigation matter for Clear Channel, and personnel issues were discussed.
Vice Chairman Birch called to order the action meeting at 8:16 p.m. In attendance were Supervisors Fox, Prousi and Sarosky. Chairman McDonnell was absent. Also in attendance were Matt Johnson, John Chambers, Kevin Costello, Bruce Shoupe, Frank Bartle, John Nagel, Richard Brady, Bill Brightcliffe, Larry Gregan, Pam Gural-Bear and Shirley Snyder.
There was no public comment this evening.
Beth Staab was introduced and by Resolution #2 became a member of the Environmental Advisory Committee with a term to expire January 1, 2010.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting to discuss matters of potential real estate acquisition and purchase, potential litigation, Clear Channel litigation, and personnel issues.
Bruce Shoupe provided background information on the replacement of the Lower State Road and Limekiln Pike bridge. Peter Mazzeo, Project Manager with PennDOT provided more detailed information on the different options PennDOT is looking at for the replacement or rehabilitation of this historic bridge. There are two main options being considered by PennDOT. The first is to realign Lower State Road and build an entirely new bridge, which would provide a wider roadway, allow for sidewalks and use some of the stone from the original bridge to create a "restored" look. The second option would be to do a partial reconstruction of the existing bridge, keeping the stone in place, and putting on a new top. This would allow for additional width on the structure, and allow for realignment of the intersection with Limekiln Pike. Mr. Mazzeo noted that there have been 7 accidents on the north side of the bridge due to the curve of the road, and only 2 accidents on the south side, where there is a more gradual curve in the roadway. Matt Johnson of Pennoni Associates noted that PennDOT will be looking to balance safety issues and mobility with the impact of the overall project. Mr. Johnson and Mr. Mazzeo both stated that safety will be the number one priority. The Board raised several questions about sidewalks, using stone from the original bridge if replaced, the overall "look" of a new bridge. Roy Rodriguez of Country Club Drive inquired whether widening of the existing bridge would allow for some sidewalks, and asked if the weight limit would remain the same. Mr. Mazzeo stated that widening the bridge would not allow enough room for sidewalks, but that a new pedestrian bridge could be built next to the new bridge. Mr. Mazzeo also noted that there would be no weight limit on a new bridge. Mr. Mazzeo also stated that PennDOT would be making a recommendation on rehabilitation of the existing bridge, or building an entirely new bridge, but their recommendation would need approval by several other agencies, including the Historical Commission, which is not connected to PennDOT. Mr. Rodriguez also noted that one of the dominant features in the existing bridge is the arches, and questioned whether a new bridge would feature a similar design. Mr. Mazzeo stated that the current design that is currently being worked on, contains no arches, and would be a more modern-looking structure. After additional discussion, Resolution #2 unanimously approved the reconstruction of the bridge at Lower State Road and Limekiln Pike.
The 2009 Montgomery Township Municipal Sewer Authority budget was approved unanimously by Resolution #3.
Larry Gregan gave a brief overview of the final 2009 Montgomery Township budget noting the following: no tax increase, continuation of low real estate tax rate, reduced tax on single family residential dwellings due to an increase in homestead exemption to $30,000, a 2.35% general fund expenditure increase, and a balanced budget for all operating and capital funds. Resolution #4 unanimously adopted the 2009 budget as set forth in the annual Budget Report, Resolution #5 unanimously adopted the 2009 Tax Levy Resolution, and Resolution #6 unanimously established the street light assessments for 2009.
Bruce Shoupe provided a brief over view of the 2008 Comprehensive Plan, noting that a public hearing was held on November 24, 2008. There have been no comments received from adjacent municipalities or the North Penn School District regarding this plan. At the November 20, 2008 Planning Commission meeting, an attorney for Montgomery Mall and the Hanover Properties Group advised that they would be willing to work with the Township in conjunction with the plan. Supervisor Sarosky noted that he was appreciative of all the work by the Planning Commission, Bruce Shoupe and Van Rieker in preparing this plan. Supervisors Prousi and Sarosky expressed concern that the new Comprehensive Plan sets aside several "special areas" within the Township, without providing any guidelines on what type of development would be welcomed in these areas. The concern is that the designation of these "special areas" could encourage developers to request significant zoning changes. Frank Bartle advised that the Comprehensive Plan is an overall plan, and in a court of law the Zoning Ordinance cannot be challenged by the Comprehensive Plan. The Board inquired as to the reason why these areas were designated as "special areas". Consultant, E. Van Rieker, who was instrumental in updating the new Comprehensive Plan, said the Planning Commission felt that they were not in a position to make recommendations for the use of these areas, so chose to identify them only. Supervisor Sarosky recommended that the township be proactive and form a study group to look at these special areas, and actively look for ideas of what type of use the township would like to see on these properties. Roy Rodriguez commented that if it is not the intention of the Board to expand the Mall, he would encourage them not to approve the Comprehensive Plan at this time. Resolution #7 unanimously approved the Comprehensive Plan.
Bruce Shoupe explained some of the new regulations in storm water management that will occur in 2009. The new regulations will obligate the township to control the situation and nutrients getting into our storm sewer system and streams, especially in the Neshaminy and Little Neshaminy Creek watersheds. These new regulations will mandate monitoring of our system on a regular basis. John Nagel has been in touch with other municipalities. Lower Salford and four municipalities are seeking legal counsel to appeal the new regulations. Mr. Nagel also spoke a representative of PSATS and John Chambers will be forwarding documents to PSATS for their review. John Chambers advised that there is no time table on these new regulations, and we will have to wait and see how things proceed. The Board requested that they be updated on this matter at every Board meeting, so they can stay informed on the progress.
During the early stages of the Route 202 Parkway design, PennDOT requested a construction easement on vacant land owned by the Township on Knapp Road, adjacent to the Parkway. This area has been utilized as a staging area for contractor storage, equipment and material, and the township received compensation for the use. With the awarding of the Parkway project, the general contractor has requested expanding this area to be utilized as a staging area, which approximately doubles the area for a construction easement. Resolution #8 unanimously approved a construction easement and that the township be compensated $2,400 for the use of this land and that the Solicitor's office prepare the required documents for execution.
On February 14, 2008, Governor Rendell signed a new Right-to-Know law changing the way people access public records from their government. The new law assumes that virtually any document is a public record, and therefore accessible by residents. One area that is not accessible is employee records, which are confidential. Pam Gural-Bear will continue to handle all requests coming into Montgomery Township. Resolution #9 unanimously approved the new right-to-know law.
Under the consent agenda, the minutes of the meeting for November 24, 2008 and the payment of bills were approved as submitted. Resolution #10 approved the application for Montgomery Township to receive the Tree City USA Growth Award and approve the application for the Tree City USA Recertification. Resolution #11 approved Montgomery Township Municipal Sewer Authority Tapping Fee Agreements. Resolution #12 accepted the offer of just compensation for right-of-way in conjunction with the Route 202 Parkway project. Resolution #13 approved escrow release for Montgomery Office Park, Resolution #14 approved escrow release for Ashburn Village and escrow release for Indian Lake Farm was approved by Resolution #15. Resolution #16 approved the forensic interview course for Detective James Reape. All consent agenda resolutions were unanimously approved.
There being no further business, the meeting adjourned at 9:33 p.m.