Monday, November 24, 2008
Chairman Jeff McDonnell called to order the executive session at 7:00 p.m. In attendance were Supervisors Birch, Fox, Prousi and Sarosky. Also in attendance were John Nagel, Larry Gregan and Frank Bartle. Items of personnel, potential acquisition of real estate and open space were discussed.
Chairman McDonnell called to order the work session at 7:45 p.m. In attendance were Supervisors Birch, Fox, Prousi and Sarosky. Also in attendance were John Nagel, Larry Gregan and Frank Bartle.
Peter Mazzeo and Matt Hickson, Traffic Planning and Design consultants were present on behalf of PennDOT to discuss the old stone arch bridge at Lower State Road and Limekiln Pike. PennDOT has slated this bridge for replacement or rehabilitation for many years and the final design is nearing completion. The bridge is on the national historical registry. The major concern is a safety issue as the bridge is substandard with a width of 25 feet and is located within an S curve. There have been many accidents in this area. The PennDOT representatives presented two alternatives, the first being a rehabilitation of the structure by widening it and the second being a realignment to the north of the bridge, which would include the construction of a new bridge while keeping the old bridge intact. Matt Johnston of Pennoni Associates stated that from a traffic safety issue, the realignment was the safer alternative. PennDOT would like to hear what the Township's preference would be. There was some discussion about the possible turn back of the old bridge to the Township and liability concerns. The Board agreed to discuss the matter and let their preference be known to PennDOT at the next Board meeting.
Chairman McDonnell called to order the action meeting at 8:12 p.m. In attendance were Supervisors Fox, Birch, Prousi and Sarosky. Also in attendance were Frank Bartle, Larry Gregan, Bruce Shoupe, Rich Brady, Bill Brightcliffe, Pam Gural-Bear, Kevin Costello, Matt Johnston, John Chambers and Deb Rivas.
Under public comment, Yvonne Metz of 120 Summer Ridge Road wanted to thank Supervisor Bob Birch for speaking at a recent cub scout meeting and assisting the scouts in receiving their citizenship badge. There was no other public comment.
Chairman McDonnell announced that at the November Park Board meeting, an unanimous recommendation was made by the Park Board to restore the disc golf course to 12 holes at the original length and to work towards completing an 18 hole course. Chairman McDonnell stated that this matter has been discussed over many meetings and that the Board is well versed in all of the plan recommendations and understands both sides of the issue. As a result, Chairman McDonnell indicated that there would be no presentation this evening. Chairman McDonnell inquired if there was any public comment regarding this matter. There were no comments. Chairman McDonnell read the resolution, #1, which declined the motion made by the Park and Recreation Board. Supervisor Fox indicated that he was disappointed to see this matter back on the Board's agenda. Supervisor Fox stated that a lot of time was spent coming up with a consensus and it has been less than five months since the decision was made to run the course at nine holes. Supervisor Fox said he was also disappointed to see that the Park Board motion was unanimous, meaning that all members were in favor of pursing the expansion of the course. Supervisor Sarosky stated that he has always been in favor of the 12 holes, but he is not in favor of expanding the course to 18 holes. Resolution #1 passed by a vote of 4 to 0, with Supervisor Prousi abstaining from the vote. Chairman McDonnell said that he did not want there to be any misunderstanding that the Board has taken formal action with respect to the Park Board recommendation. Chairman McDonnell said it was important to let the public know that he has taken some time personally to speak with members of the Board of Supervisors and he found no support on the Board for any modification of the decision that this Board made with respect to the disc golf course earlier in the year. Chairman McDonnell stated that the Board is satisfied that the nine hole course with the additional 3 holes to be rotated constitutes a fair resolution of this matter for the neighbors and the participants. Further, Chairman McDonnell asked the Park Board to focus their efforts on the many other issues which may come before them from time to time, rather than to continue to spend any further time making recommendations to the Board of Supervisors concerning any expansion of the disc golf facility. Chairman McDonnell said that all of us have spent a very substantial amount of time on this issue and he believes that the Park Board should understand that the Board of Supervisors will consider the matter closed and resolved unless the Board of Supervisors feels differently in the future.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting to discuss matters of personnel, potential litigation and the potential acquisition of real estate by the Township, including open space issues.
Tim Dunigan and David Renner, representatives from the Volunteer Medical Service Corps, presented recognition awards to Montgomery Township Police Officers Gerald Dougherty, Maria Lesinski and Ricardo DeJesus for their outstanding response to an emergency call and the delivery of a baby boy on July 9, 2008.
At 8:20 p.m. Chairman McDonnell called to order a public hearing for the consideration of the Montgomery Township Comprehensive Plan. Notes of testimony were taken by court reporter, Tim Kurek. Planning Director Bruce Shoupe introduced the comprehensive plan. Mr. Shoupe indicated that the Pennsylvania Municipalities Planning Code (MPC) empowers the Montgomery Township Planning Commission, at the request of the Board of Supervisors, to prepare a Comprehensive Plan for the development of the Township and present it for consideration and adoption. Montgomery Township's Comprehensive Plan was last updated in March, 1999. The MPC recommends that a comprehensive plan be reviewed at least every ten years. An overview of the Township's comprehensive plan was presented by Matthew Schelly, Senior Community Planner, Montgomery County Planning Commission. E. Van Reiker, Zoning/Planning Consultant, indicated that this project began over fifteen months ago and involved many hours of review and planning. Mr. Schelly presented the final plan in a PowerPoint demonstration and explained the various components that make up the plan. A 16 panel brochure was selected as the format since it gives the opportunity to reproduce copies to be mailed to Township residents. Also, this electronic file will have the ability to be published on the Township website. Under public comment, Robert Brandt, an attorney representing Simon/Kravco (Montgomery Mall) indicated that his client supports the comprehensive plan which designates that the mall area should be a "special study area". Several residents of North Wales Road spoke under public comment. Those comments included a request that the comprehensive plan prevent the mall property from becoming a regional shopping center. Mr. Bartle explained that the adoption of the comprehensive plan will not have any effect on the rezoning of the property. Richard Kelly asked why the Business Professional Zoning for this area of the mall was changed on the new plan to special study. Matt Schelly explained that by designating the area as a special study, it would allow the Township to determine what, if anything, were to happen to this area regarding zoning, on an individual case-by-case basis. Mr. Schelly further explained that by including this area as part of a larger master plan, it is a better option because it may allow this area to serve as open space if future development of the mall area is considered. Other residents stated their concerns about having a say as to what occurs on North Wales Road. The residents there are totally against any development of the six residential properties adjacent to the mall. Concerns were raised regarding the Township overall plan and the lack of open space. Specific comments can be found in the testimony of this public hearing. After considerable discussion, the public hearing was closed at 9:26 p.m. Chairman McDonnell made a motion and Supervisor Fox seconded the motion to adjourn the public meeting and consider the adoption of the comprehensive plan at the next Board of Supervisors meeting. The motion was unanimously passed.
John Nagel stated that the Solicitor's office has updated the Shade Tree, Planning Commission and Park and Recreation Board ordinances to the current Second Class Township Code. There was no discussion and no public comment. Resolution #2 unanimously approved the ordinances as presented.
John Nagel indicated that the Solicitor's office also made changes to committee bylaws at the direction of the Board of Supervisors. Under public comment, Lawrence Caldwell inquired as to what type of changes were being made. Mr. Nagel indicated that the changes included the general guidelines for creating minutes and revisions to the rules of conduct. Resolution #3 unanimously approved the adoption of the committee bylaws for the Public Safety Committee, Environmental Advisory Committee, Finance Committee, Open Space Committee, Business Development Partnership, Planning Commission, Park and Recreation Board and Shade Tree Commission as revised.
John Chambers provided an update to the Board regarding new regulations for storm water management. In 2009, the EPA and the state will require significant changes to the storm water management program. The Township will have 30 days to comment on these proposed new regulations. The new regulations will contain language obligating the Township to control the total maximum daily loads (TMDL) or in simpler terms, control the situation and nutrients getting into the storm sewer system. The impact on the Township's budget could be significant. Street sweeping and cleaning of storm sewer inlets may need to occur on a weekly basis. Residents may need to discontinue the use of fertilizers and other gardening requirements. Mr. Chambers wanted to make the Board aware of this pending situation so that the Board can plan ahead to determine what it might do should these regulations pass. The Board asked John Nagel to reach out to organizations which support local municipalities such as PSATS and MCATO to see what other municipalities are planning. Matt Schelly indicated that Montgomery County may be able to help as well. The Board agreed to discuss this matter again at the next Board meeting.
Under the consent agenda, the minutes of the meeting for November 10, 2008 and the payment of bills were approved as submitted. Resolution #4 approved the Act 147 grant award for emergency operations. Resolution #5 approved the Sustainability Audit Vendor. Resolution #6 amended the fee schedule for additional winter recreation programs. Resolution #7 approved the changes to the 401(a) Final 415 Amendment. Resolution #8 authorized the escrow release for Montgomery Walk Phase 1. Resolution #9 authorized the escrow release for Montgomeryville Business Campus. Resolution #10 approved the Deed of Dedication for Ashburn Village. Resolution #11 authorized the Township Manager to advertise for Ordinance #08-235 to rescind Chapter 178 of the Montgomery Township Code - Real Estate Registry. Resolution #12 authorized the Township Manager to advertise for bids for Police Uniforms. Resolution #13 authorized the execution of the Harleysville National Bank Wire Transfer Agreement. All consent agenda resolutions were unanimously approved. Solicitor Frank Bartle clarified that the Deed of Dedication for Ashburn Village was contingent upon the acceptance of fees and financial security provided.
There being no further business, the meeting adjourned at 9:52 p.m.