MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
SEPTEMBER 26, 2016
At 7:00 p.m. Vice Chairman Candyce Fluehr Chimera called to order the executive session. In attendance were Supervisors Robert J. Birch and Jeffrey W. McDonnell. Supervisor Michael J. Fox was absent. Also in attendance were Police Chief J. Scott Bendig, Township Manager Lawrence Gregan and Township Solicitor Frank R. Bartle, Esquire.
At 8:04 p.m. Vice Chairman Candyce Fluehr Chimera called to order the action meeting. In attendance were Supervisors Robert J. Birch and Jeffrey W. McDonnell. Supervisor Michael J. Fox Also in attendance were Township Solicitor Frank Bartle, Esquire, Township Manager Lawrence J. Gregan, Police Chief J. Scott Bendig, Director of Fire Services Richard Lesniak, Director of Finance Ami Tarburton, Director of Administration and Human Resources Ann Shade, Assistant to the Township Manager Stacy Crandell, Director of Planning and Zoning Bruce Shoupe, Director of Public Works Kevin Costello, Director of Recreation and Community Center Floyd Shaffer, Director of Information Technology Richard Grier and Recording Secretary Deborah Rivas.
Following the Pledge of Allegiance, Vice Chairman Candyce Fluehr Chimera called for public comment from the audience. Richard Roller of 1142 Knapp Road and the Township Representative on the Northern Montgomery County Recycling Commission presented a check in the amount of $59,080.92. This amount represents the 2014 Recycling Grant which was earned through the recycling efforts of the residents and businesses in the Township during the year 2014. Mr. Roller also reported that it appears that the PA Department of Environmental Protection is in the process of changing its regulations and may no longer accept commissions such as the Northern Montgomery County Recycling Commission, but may instead require that each municipality work independently with the PA DEP. Mr. Roller reported that he would keep the Board up to date on any information regarding this potential change.
Township Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting and discussed the Zoning Hearing Board application for 100 Edgar Allen Circle. The Board also discussed two matters of personnel, one involving Police hiring and the other involving current Police Contract negotiations. The potential litigation matter discussed was the Cutler subdivision and the litigation matter discussed was the RD Management Airport Square matter which is in the Montgomery County Court of Common Pleas. 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 September 12, 2016 Board of Supervisors meeting, and Supervisor Robert J. Birch seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Director of Fire Services Richard Lesniak reported that the national observance of Fire Prevention Week 2016 will be held October 9th through October 15th. This year’s theme is “Don’t Wait, Check the Date – Replace Smoke Alarms Every 10 Years”. There will be a fire safety education display at the Township building from October 9th through October 13th. On Monday, October 17th, the Department will be hosting an open house at Wegmans Supermarket from 3:30 p.m. to 8:30 p.m. Members of the Department will be displaying the apparatus and distributing public education materials. During the month of October, the Department of Fire Services will be conducting fire drills, fire safety inspections and fire prevention talks at all schools, day care centers, health care facilities and hotels. Resolution #1 made by Supervisor Robert J. Birch, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, recognized October 9th through October 15th 2016 as Fire Prevention Week.
Director of Recreation and Community Center Floyd Shaffer reported that a request has been received from the Montgomery United Soccer club for a waiver of the field use permit fees associated with their annual Soctoberfest event including the use of the Pavilion, Baseball Fields #1 - #4, and Soccer Fields #1 and #2 and the Hennings Soccer Field at the William F. Maule Park at Windlestrae on Monday, October 3, 2016. Resolution #2 made by Supervisor Robert J. Birch, seconded by Supervisor Jeffrey M. McDonnell and adopted unanimously, approved the request from Montgomery United Soccer to waive all permit fees associated with the use of the William F. Maule Park at Windlestrae Pavilion, Baseball Fields and Soccer Fields for the Montgomery United Soccer Club Soctoberfest event on Monday, October 3, 2016.
Athletic and Recreation Coordinator Matt Reimel reported that this year’s Autumn Festival will be held from 12:00 p.m. to 8:00 p.m. at the William F. Maule Park at Windlestrae. A fireworks show will conclude the festivities and will begin at 7:45 p.m. The Autumn Festival will have an opening ceremony, a zip line, amusement rides, corn maze, hay rides, petting zoo, pumpkin decorating and scarecrow making. Police and Fire demonstrations will be held throughout the day. A DJ will provide music and a concert will be held prior to the fireworks display. Wristbands are $15.00 each if purchase the day of the event and discounted at $12.00 each or 3 for $30.00 if purchase in advance. The wristband will include unlimited amusements, 1 pumpkin and 1 scarecrow. Individual ticket prices are $1.00. Amusement rides are two tickets, pumpkin is one ticket, scarecrow making is five tickets and a ride on the zipline is five tickets. In the event of inclement weather, a modified Autumn Festival will be held at the Montgomery Township Community and Recreation Center, also beginning at noon.
Director of Recreation and Community Center Floyd Shaffer reported that it has been the annual practice of the Board of Supervisors to assist in the financial underwriting of the Autumn Festival event by transferring budgeted monies from the General Fund to the Autumn Festival Fund. In 2016, the amount budgeted for this transfer is $7,000.00. This transfer would support the budgeted revenue to cover the 2016 expenditures currently budgeted at $37,500.00. Resolution #3 made by Supervisor Jeffrey W. McDonnell, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously, approved the transfer of $7,000.00 from the General Fund to the Autumn Festival Fund.
Director of Finance Ami Tarburton reported that Act 205, Section 304 requires that the Chief Administrative Officer for Montgomery Township submit the Minimum Municipal Obligation (MMO) for the upcoming budget year to the Board on or before the last business day in September. The MMO is the calculated funding obligation to the Township's Police and Non-Uniform Employee Pension Plans. Resolution #4 made by Supervisor Robert J. Birch, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously, accepted the 2017 MMO for the Montgomery Township Police Pension Fund in the amount of $770,721 and the 2017 MMO for the Montgomery Township Non-Uniform Employee Pension Fund in the amount of $287,976.
Director of Finance Ami Tarburton reported that each year the Board of Supervisors and Township staff participate in budget workshops to discuss and finalize plans for the coming year. This year, the staff proposes the following dates for the budget workshops: Tuesday, October 18, 2016, Wednesday, October 19, 2016, Wednesday, October 26, 2016, Tuesday, November 1, 2016, and Wednesday, November 2, 2016, if needed. Resolution #5 made by Supervisor Jeffrey W. McDonnell, seconded by Supervisor Robert J. Birch and adopted unanimously, authorized the dates as referenced for the 2017 Budget workshops.
Vice Chairman Candyce Fluehr Chimera opened a public hearing at 8:22 p.m. to consider the adoption of proposed Ordinance #16-297-Z – Amending Article IV (Floodplain Conservation District) of the Township Zoning Code. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Frank Bartle introduced the ordinance, read the legal advertisement, listed and entered Township exhibits on the record. Director of Planning and Zoning Bruce Shoupe reported that the amendment to the Zoning Code, regarding Article IV – Floodplain Conservation District, will provide a description of Zone AE in Section 230-12 (Identification of Floodplain Area) and prohibit manufactured homes within the floodplain; and it will also amend the Township’s Subdivision and Land Development Ordinance to ensure consistency with Ordinance #15-292 – Amendment of Article IV (Floodplain Conservation District) of the Township’s Zoning Ordinance. These changes are necessary to comply with FEMA requirements. The hearing was closed at 8:27 p.m. Resolution #6 made by Supervisor Robert J. Birch, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously, approved Ordinance #16-297Z.
Vice Chairman Candyce Fluehr Chimera opened a public hearing at 8:28 p.m. to consider the adoption of proposed Ordinance #16-298-S – Amendments to Shade Tree Ordinance and SALDO Landscaping Regulations. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Frank Bartle introduced the ordinance, read the legal advertisement, listed and entered Township exhibits on the record. Director of Planning and Zoning Bruce Shoupe reported that the ordinance amends the Township Code regarding Chapter 189 – Shade Trees. A new section will be created entitled “Residential Street Tree Replacement” which will provide for street tree species list for residential lots; street tree sizing requirements for residential lots; sidewalk/roadway street tree setback requirements; and street tree sizing requirements in association with a subdivision or land development application. The ordinance will also amend the Township’s SALDO Code to ensure consistency with the new section 189-7.1. The hearing was closed at 8:35 p.m. Resolution #7 made by Supervisor Robert J. Birch, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously, approved Ordinance #16-298-S.
Resolution #8 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the construction escrow release #1 for LDS#684 – for Mark’s Jewelers in the amount of $321,786.71.
Resolution #9 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the construction escrow release #1 for #M-15-72 – Burger King – DeKalb Pike in the amount of $25,000.00.
Director of Planning and Zoning Bruce Shoupe reported that a request for a waiver of formal land development was received by Gemalto for their property located at 101 Park Drive. Gemalto’s production facility is required by the Pennsylvania Department of Environmental Protection to control their air quality emissions from their printing process. In order to meet these requirements, Gemalto needs to construct an 880 square foot prefabricated building to house the new modular air quality control device. The proposed building will be located adjacent to the south side of their existing building. This prefabricated building will occupy four existing parking spaces, which will be relocated to the east side of the existing parking lot. The existing two roof drain pipes will be redirected to a new 8 inch drain to discharge into the drainage swale on the south side of the property. Resolution #10 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Robert J. Birch and adopted unanimously, authorized granting a waiver of the requirement for a formal land development application for Gemalto for the property located at 101 Park Drive.
Chief of Police J. Scott Bendig reported that the Montgomery Township Police Department has previously entered into a cooperative agreement with other Montgomery County police departments to participate in the Montgomery County SWAT – Central Region Team. Montgomery County SWAT is a task force deployed for incidents and situations that exceed the capability of traditional police resources, including barricaded subjects, hostage taking incidents, and other high risk operations. Currently the Police Department has two officers, Officer Thomas Ward and Officer John Rushin, assigned to Montgomery County SWAT. Montgomery County SWAT is scheduled to attend training at Fort Dix in New Hanover Township, New Jersey from October 18 through October 20, 2016. The training will consist of team movements, search techniques, and firearms training in a multitude of environments not readily available in our area. The Montgomery County SWAT pays for the full cost of the training, including lodging. Resolution #11 made by Supervisor Robert J. Birch, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously, approved the requests for Officer Thomas Ward and Officer John Rushin to attend Montgomery County SWAT training at Fort Dix, New Jersey from October 18, 2016 through October 20, 2016.
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, approving the payment of bills as submitted.
There being no further business to come before the Board, the meeting adjourned at 8:42 p.m.