MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
OCTOBER 28, 2013
Chairman Joseph Walsh called the executive session to order at 7:00 p.m. In attendance were Supervisors Robert Birch, Candyce Fluehr Chimera, Michael Fox and Jeffrey McDonnell. Also in attendance were Lawrence Gregan, Robert Iannozzi, Esquire, and Bruce Shoupe.
Chairman Joseph Walsh called the action meeting to order at 8:05 p.m. In attendance were Supervisors Robert Birch, Candyce Fluehr Chimera, Michael Fox and Jeffrey McDonnell. Also in attendance were Robert Iannozzi, Esquire, Lawrence Gregan, Chief J. Scott Bendig, Richard Lesniak, Shannon Drosnock, Ann Shade, Kevin Costello, Bruce Shoupe, Stacy Crandell, Richard Grier and Deb Rivas.
Following the Pledge of Allegiance, Chairman Joseph Walsh called for public comment from the audience.
Under public comment, residents Adele Herman and Ralph Schurr, who live off of North Wales Road next to Montgomery Mall, expressed their concerns regarding ongoing traffic congestion on North Wales Road. Of particular concern was the fact that traffic has been very bad and the new Wegmans store has not even opened their doors. They stated that the Board had said that they were going to do something about the traffic issues and that it has been a year since the Wegmans was approved and the 202 Parkway was opened and nothing has improved. Township Manager Lawrence Gregan reported that improvements are scheduled to be done at three intersections surrounding that particular area. Supervisor Candyce Chimera stated that the Board has pushed Montgomery Mall to make improvements to the surrounding roads and traffic signals. Supervisor Michael Fox stated that the Board has tried to do what is in the best interest of the Township and that improvements are not completed yet. The Board will continue to address traffic problems and if something does not work, we will try something else. Chairman Joseph Walsh stated that the Board worked with the Mall to create the buffer on North Wales Road and a study was done to see if it was possible to have an access road connect from the 202 Parkway directly to the Mall. Resident Bob McMahon stated that it is a bad time of year for traffic in this area. With the opening of the Wegmans store and the holiday season approaching, traffic in the area of North Wales Road will be horrendous. Mr. McMahon asked if there was a temporary solution that could be done until the intersection improvements were made. Police Chief Bendig and Director of Public Works Kevin Costello said that they will work together to see what can be done to temporarily ease the traffic situation in that area.
Township Solicitor Robert Iannozzi, Esquire reported that the Board met in an executive session earlier in the evening at 7:00 p.m. Mr. Iannozzi reported that the Board discussed the zoning matter of R.D. Management and a matter of potential litigation. Mr. Iannozzi also reported that these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Chairman Joseph Walsh made a motion to approve the minutes of the October 15, 2013 Board meeting, and Supervisor Michael Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Chairman Joseph Walsh announced that the Wolf Den Pack 547, based at Mary Mother of the Redeemer school, participated in a tour of the Township building this evening and are also taking part in the public meeting. The Wolf Cubs are required to visit a government building as part of their achievements towards rank advancement. Members of the pack who attended the meeting were: Jeremy Banks, William Bernal, Ryan Caspar, Luke Drelick, Zachary Duhl, Anthony Kremzukou, Michael Lagrutta, Connor Thomson and Evan Wescoe. Resolution #1 made by Supervisor Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, recognized Wolf Den Pack 547 for their interest in taking an active role in learning more about the Township and how they can become further involved residents.
Assistant to the Township Manager Stacy Crandell announced the upcoming Fall Curbside Leaf Waste Collection date. The Township has contracted with Republic Services, Inc. to provide curbside leaf and yard waste collections twice a year in the Fall and the Spring from residential properties in the Township. The Fall 2013 curbside leaf and yard waste collection is scheduled for Saturday, November 16, 2013. Residents are reminded to place the materials in biodegradable paper bags at the curb prior to 7:00 a.m. that day or put them out the night before.
Chairman Joseph Walsh announced that vacancies currently exist on the Montgomery Township Industrial Development Authority and the Zoning Hearing Board. Residents Edward Diasio and Dan Baker have expressed an interest in serving on these boards. Mr. Diasio has been serving as a member of the Board of Auditors and has resigned from that position. Resolution #2 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, accepted the resignation of Edward Diasio from his position as Elected Township Auditor and approved his appointment to serve as an "Alternate" on the Zoning Hearing Board for a term to expire on January 1, 2014. Resolution #2 also appointed Dan Baker to the Montgomery Township Industrial Development Authority for a term to expire on January 1, 2015.
Chairman Joseph Walsh opened the Public Hearing at 8:30 p.m. for the consideration of a change in zoning request by Terra Vista, LLC, for the Billboard Limited Industrial Overlay District Extension, proposed Ordinance #13-274-Z. Notes of testimony were taken by Court Reporter, Tim Kurek. Attorney David Onorato, representing the applicant, requested that the Limited Industrial Billboard Overlay District be approved for the southbound side of Bethlehem Pike starting at approximately 420 feet south of the centerline of Stump Road for a distance of 990 feet with a depth of 150 feet from the centerline of Bethlehem Pike. Mr. Onorato stated that there would be only one billboard located in the requested extension area. Under public comment, Loren Szczesny, Esquire, an attorney representing CBS stated that he recently attended a staff meeting at the Township to discuss his client's interest in placing a billboard on the property across from this proposed location. Mr. Szczesny said that he wanted to advise the Board that his client will be making a similar request to extend the billboard overlay district across the street on Bethlehem Pike. The hearing closed at 8:50 p.m. Resolution #3 made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved Ordinance #13-274-Z - Billboard Limited Industrial Overlay District Extension.
Chairman Joseph Walsh stated that attorney Robert Brandt, Esquire currently serves as special counsel to the Township in two Eminent Domain proceedings relating to the Township's acquisition of the Zehr Tract. Mr. Brandt has advised that he has been requested to represent Somerville Montgomery, LP, in connection with an application for Zoning Relief associated with an application for conversion of the Signature Furniture store at 640 Cowpath Road to a BJ's Wholesale Club. Mr. Brandt has submitted a request to the Board asking for a waiver of any conflict so that he can proceed to represent Somerville Montgomery, LP on this project in the Township. Resolution #4 made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, approved the waiver of any conflict of interest for Robert Brandt, Esquire, to represent Somerville Montgomery, LP in connection with any applications for conversion of the Signature Furniture store at 640 Cowpath Road to a BJ's Wholesale Club.
Resolution #5 made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, authorized a construction escrow release #3 for Keystone Homebrew LDS#657 in the amount of $225,397.30.
Director of Finance Shannon Drosnock reported that the Minimum Municipal Obligation calculation has determined that for 2014, a combination of State Aid, Township contributions and Police Officer contributions will be required to meet the funding obligations of the Plan and keep the pension fund actuarially sound. Resolution #6 made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, requires Police Officer contributions to the Police Pension Plan in the amount of 5% of Base Salary, Longevity and Holiday pay for the year 2014 and direct that notice of contribution be provided to the representatives of the Police Collective Bargaining Unit.
Director of Finance Shannon Drosnock reported that two major capital expenditures approved in the 2013 budget will not be incurred during fiscal year 2013; the replacement of Engine 18-1 in the Fire Department ($450,000) and the replacement of an ERP software system in the Finance Department ($200,000). These expenditures were presented to the Board for consideration in the fiscal year 2014 budget. Mrs. Drosnock stated that it would be appropriate to amend the 2013 budget and remove these expenditures given the significant dollar amount. Resolution #7 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, approved the 2013 3rd Quarter Budget Amendments to the General Fund, the Fire Services Fund and the Capital Reserve Fund.
Director of Finance Shannon Drosnock reported that the Finance Department periodically reviews the Codes of the Township that pertain to revenues and expenditures and recommends amendments to improve or clarify the current language. As a result of this review, staff has identified amendments to be made to Chapters 205 and A237 of the Township Code in an effort to make the language clearer and more consistent with current practices. The proposed amendments include reducing the number of districts from five to three, clarifying the descriptions of the three districts, and removing redundant and outdated language. Resolution #8 made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, authorized the advertisement of proposed Ordinance #13-276 which will amend Chapters 205 and A237 of the Montgomery Township Code governing street lighting.
Director of Fire Services Rick Lesniak reported that the Department of Homeland Security offers a number of grant opportunities. The Department of Fire Services submitted an application under the Fire Prevention and Safety Activity category to provide and install traditional smoke alarms, units with voice notification for children and strobe/bed-shaker alarm kits will be made available to the deaf, hard of hearing and deaf-blind communities. The Township is required to contribute 10% or $8,520.00 for the grant to be accepted. Resolution #9 made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, authorized the Department of Fire Services to accept the FY2012 Fire Prevention and Safety (FP&S) Grant from the Department of Homeland Security in the amount of $85,200.
Chairman Joseph Walsh reported that the Township has received a request for a waiver of a permit fee for a Special Event for the Bharatiya Temple Diwali Festival. Chairman Walsh stated that is has been the policy of the Board of Supervisors to waive permit fees for non-profit and religious organizations. Chairman Walsh inquired if there were any concerns about the special event and the use of fireworks. Mr. Lesniak indicated that he had meet with representatives of the Bharatiya Temple and that he was comfortable with the event's use of sparklers as was described to him. Resolution #10 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the waiver of a permit fee for a special event for the Bharatiya Temple.
Director of Public Works Kevin Costello reported that in the past the Township has participated in the Montgomery County Consortium Cooperative Rock Salt Purchase Contract as it has been determined to be the most cost effective way to purchase bulk salt for deicing roadways during the winter months. The Consortium recently completed the bidding process for the purchase of bulk salt for 2013-2014 and has awarded the contract to International Salt Company. Montgomery Township would like to participate in this year's bid. Resolution #11 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the Township's participation in the Montgomery County Consortium Cooperative Rock Salt Purchase Contract for 2013-2014 for the purchase of rock salt from International Salt Company, LLC of Clarks Summit, Pennsylvania, at a price of $51.43 per ton.
Supervisor Michael Fox made a motion to approve the payment of bills. Supervisor Candyce Chimera seconded the motion. The payment of bills was unanimously approved as submitted.
Under other business, Chairman Joseph Walsh made a motion, #12, to authorize the Township Solicitor to oppose the Zoning Hearing Board application for a home occupation at 102 Carson Drive and to enter an appearance to defend the Township's position. Vice-Chairman Jeffrey McDonnell seconded the motion and it was approved unanimously.
There being no further business to come before the Board, the meeting adjourned at 9:05 p.m.