MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
JUNE 27, 2016
At 7:00 p.m. Vice Chairman Candyce Fluehr Chimera called to order the executive session. In attendance were Supervisors Robert J. Birch, Michael J. Fox and Jeffrey W. McDonnell. Chairman Joseph P. Walsh was absent. Also in attendance were Lawrence Gregan and Frank Bartle, Esquire.
Vice Chairman Candyce Fluehr Chimera called the action meeting to order at 8:00 p.m. In attendance were Vice Chairman Candyce Fluehr Chimera and Supervisors Robert J. Birch and Michael J. Fox. Supervisor Jeffrey W. McDonnell was absent. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief Scott Bendig, Rick Lesniak, Ami Tarburton, Ann Shade, Stacy Crandell, Bruce Shoupe, Kevin Costello, Floyd Shaffer, Rich Grier and Deb Rivas.
Following the Pledge of Allegiance, Vice Chairman Candyce Fluehr Chimera called for public comment from the audience.
Clifford Fitzgerald of 601 Ellison Drive requested an update on the time frame to complete the unfinished improvements in the Montgomery Pointe and adjoining developments. Supervisor Michael Fox reported on recent activity involving the Township & Developer’s engineers working to establish a list and costs to complete final improvements. An agreement based on those findings would then need to be reached between the Cutler Group and the Township which agreement will include a Schedule to Complete. Supervisor Michael Fox stated that absent such an Agreement, the Board was prepared to take action to call the Bond and Letter of Credit for the Montgomery Walk and Montgomery Pointe Developments. On a motion by Supervisor Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera, the Board unanimously adopted Resolution #1 attached hereto and incorporated herein authorizing and directing the Township Solicitor to pursue all legal and equitable remedies again the Cutler Group, Inc. for failure to complete the public improvements to the Montgomery Walk and Montgomery Pointe developments.
John Lillanfeld of Phoenixville, PA asked if the resolution included the paving of the roads in the Montgomery Walk Development. Vice Chairman Candyce Fluehr Chimera confirmed that this action included the paving of the roads in the Montgomery Walk development.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting and discussed a personnel matter concerning contract negotiations, three zoning hearing board applications, including Christian Bros Automotive, Starbucks Coffee and Steever Manor Offices. In addition, the Board discussed two matters of potential litigation. Mr. Bartle stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.
Vice Chairman Candyce Fluehr Chimera made a motion to approve the minutes of the June 13, 2016 Board of Supervisors meeting, and Supervisor Michael Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Township Manager Lawrence J. Gregan stated that the Board of Supervisors previously established the Community & Recreation Center Advisory Committee. The committee was established to assist with identifying the needs of the Community and Recreation Center, recommend activities and programming, and recommend plans and policies regarding the programs and services of the Community and Recreation Center. Township resident Karin Bayer has expressed an interest in becoming a member of the Montgomery Township Community & Recreation Center Advisory Committee. Resolution #2 made by Supervisor Michael J. Fox, seconded by Supervisor Robert Birch, appointed Karin Bayer to serve a one year term on the Montgomery Township Community & Recreation Center Advisory Committee.
Township Manager Lawrence J. Gregan reported that Master Bong Pil Yang, owner of Yang’s Martial Arts School, Inc. in Montgomery Township and a member of the association proposing the construction of a Korean War Memorial/American-Korea Alliance Peace Park in the Township has proposed a “Sister City” relationship between the Township and Hamyang County in the Republic of Korea program. The proposed relationship would focus on establishing a cooperation relationship between the Township and Hamyang County for mutual prosperity in areas of cultural and economic exchange. Master Yang thanked the Board of Supervisors for their consideration of this request and stated that it would be an honor and a pleasure to participate in this relationship program. Resolution #3 made by Supervisor Michael Fox, seconded by Supervisor Robert J. Birch and adopted unanimously, directed the Township Manager to respond to Chang-ho Lim, Mayor of Hamyang County, Republic of Korea agreeing to participate in a “Sister City” program with the County.
Vice Chairman Candyce Fluehr opened a public hearing at 8:15 p.m. to consider the Conditional Use application, #C-65 Hawthorn Development, LLC. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Frank R. Bartle, Esquire presented the application, legal advertisement and exhibits into the record. James Garrity, Esquire, reported that the applicant is proposing to develop the property, located on Doylestown Pike, as a Congregate Care/Independent Senior Living facility, including a main building with 144 suites, 12 cottage units and associated improvements. This facility is designed exclusively for persons 62 years of age and older. This use is permitted by conditional use within the BP-Business Office and Professional District. The public hearing was closed at 8:45pm. Resolution #4 made by Supervisor Michael Fox, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously, approved the conditional use application for #C-65 Hawthorn Development LLC.
Assistant to the Township Manager Stacy Crandell reported that the Township’s current twelve year Franchise Agreement with Verizon will expire on July 24, 2018. Verizon has provided the Township with notice to trigger the mandatory 36 month renewal period for the current agreement. The current agreement was negotiated with other members of the Montgomery County Consortium of Communities. In order to obtain legal services at a lower cost, Township Staff is recommending participating in the Cohen Law Group proposal that was presented at the Consortium Meeting on June 17, 2016. Dependent upon the number of consortium members participating in the process, the Township’s fee for services for both the compliance review and the negotiation of the franchise agreement would range from $7,350 to $9,500. In addition, the Consortium is providing a $1,000 offset per participating municipality. Resolution #5 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, accepted the proposal from the Cohen Law Group, dated June 13, 2016 to perform the Cable Franchise Renewal Services including the compliance review.
Assistant to the Township Manager Stacy Crandell reported that municipalities located in the Wissahickon Creek Watershed are obligated under the PA DEP’s MS4 and NPDES programs to meet TMDL phosphorous limit which is believed to be technologically infeasible and not likely to result in improvements to the water quality of the Wissahickon Creek. Municipalities and wastewater treatment plant operators in Montgomery and Philadelphia counties recognize that for watersheds, such as the Wissahickon Creek Watershed which cross municipal boundaries, it would be better to participate in a collaborative effort to study and develop an alternative to the proposed EPA Total Phosphorus TMDL that will have a positive effect on water quality in the watershed. An Intergovernmental Cooperation Agreement has been created to move the study process forward. The Pennsylvania Environmental Council will undertake the study which will be funded in part with a $1.2 million grant from the William Penn Foundation. The Township’s local match would be $12,500 over a two year basis. Proposed Ordinance #16-295 authorizes the Township to approve this agreement. Resolution #6 made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch and adopted unanimously, authorized the advertisement of proposed Ordinance #16-295, approving participation in the Intergovernmental Cooperation Agreement Wissahickon Creek Alternative TMDL for consideration and adoption at the Board of Supervisors meeting to be held on Monday, July 11, 2016, after 8:00 p.m.
A motion to approve the payment of bills was made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Robert J. Birch, and adopted unanimously, approved the payment of bills as submitted.
There being no further business to come before the Board, the meeting adjourned at 8:49 p.m.