MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
OCTOBER 24, 2016
At 8:00 p.m. Vice Chairman Candyce Fluehr Chimera called to order the action meeting. In attendance were Supervisors Robert J. Birch, Michael J. Fox, Jeffrey W. McDonnell and Richard E. Miniscalco. 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, Information Technology Support Tech Lance Allen and Recording Secretary Deborah Rivas.
Following the Pledge of Allegiance, Vice Chairman Candyce Fluehr Chimera
called for public comment from the audience and there was none.
Vice Chairman Candyce Fluehr Chimera made a motion to approve the minutes of the October 11, 2016 Board of Supervisors meeting, and Supervisor Michael J. Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Director of Fire Services Richard Lesniak reported that the Township had received the annual allocation from the Commonwealth of Pennsylvania of a share of the Foreign Fire Insurance Tax in the amount of $248,669.21. The funds are a result of taxes paid by foreign fire insurance companies to the State of Pennsylvania in accordance with Act 205 of 1984. The funds are allocated by the State to support the Volunteer Fire Relief Association of the volunteer fire company that serves the Township. Resolution #1 made by Supervisor Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, presented a check in the amount of $248,669.21 from the Commonwealth of Pennsylvania to the FDMT Fire Relief Association.
Director of Fire Services Richard Lesniak reported that two residents, Dr. Mitchell Barrer and William Tuttle, recently joined the Fire Department of Montgomery Township (FDMT). They are being nominated by FDMT to be appointed as Special Fire Police Officers under the Pennsylvania State Fire Police Statute – Act of 1941, P.L. 137, No. 74, Amended July 11, 1980, P.L. 580, No. 122. Dr. Barrer and Mr. Tuttle have been interviewed by the Montgomery Township Police Department and are being recommended for appointment as Special Fire Police Officers. Resolution #2 made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch and adopted unanimously, appointed Dr. Mitchell Barrer and Mr. William Tuttle to the positions of Special Fire Police Officers. Vice Chairman Candyce Fluehr Chimera administered the oath of office to both new Special Fire Police Officers.
Township Manager Lawrence J. Gregan reported that Township resident James Earley has submitted a letter of resignation as a member of the Township Park and Recreation Board, having served since 2014. Mahbubur Meenar has submitted a letter of resignation as a member of the Environmental Advisory Committee, having served since early 2013. Mr. Earley and Mr. Meenar were contributors and supporters of the various decisions made by their respective Board and Committee. Mr. Gregan also reported that due to his appointment to fill a vacancy on the Board of Supervisors, Richard Miniscalco has submitted his resignation as Vacancy Board Chairman effective October 11, 2016. Mr. Miniscalco had served in this position since 2008. Resolution #3 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, accepted the resignations of James Earley, Mahbubur Meenar and Richard Miniscalco from their positions.
Township Manager Lawrence J. Gregan reported that the law firm of Cozen O’Connor served as Bond Counsel on the Township’s 2016 General Obligation Bond refinancing project and RBC Capital Markets (“RBC”) had served as the Underwriter for the sale of the Bonds. Cozen O’Connor has advised the Township that from time to time they provide legal counsel to RBC in bond financings unrelated to the Township’s bond financings and have recently been asked to represent RBC on an unrelated bond financing. Cozen O’Connor has submitted a request that the Township agree to waive the conflict of interest, if any, arising due to their representation of the Township in the 2016 Bond financing matter while they represent RBC in another unrelated financing. Resolution #4 made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch, and adopted unanimously, approved the request to waive any conflict of interest arising from their representation of the Township in the 2016 bond financing while they represent RBC Capital Markets in other unrelated financing projects.
Township Manager Lawrence J. Gregan reported that the Township is ready to accept the proposed Deed of Dedication for the acceptance of the Right-of-Way for Enclave Boulevard and to request approval of a resolution to accept the Right-of-Way with improvements. Mr. Gregan provided a copy of the most recent punch-list inspection report which describes the work performed to complete the paving of Enclave Boulevard and the outstanding issues regarding pavement of the portion of Enclave Boulevard located within the PennDOT ROW and the proper construction of Accessibility Ramps at various crossings along Enclave Boulevard. The developer will also need to complete the installation of street lighting along this road, which improvement is included in the Development Improvements/Security Agreement. Mr. Gregan stated that the acceptance of the dedication of Enclave Boulevard will allow school buses to operate on the road in order to provide a bus service to the children who reside in the various developments adjacent to Enclave Boulevard. Resolution #5 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, accepted the deed of dedication from the Cutler Group for Enclave Boulevard Right-of-Way and Improvements (excluding street lights and accessible ramps) in conjunction with the overall parcel plan for LDS#627 – The Enclave at Montgomery.
Police Chief Scott Bendig reported that with the dedication of Enclave Boulevard, the Police Department is recommending revisions to the Montgomery Township Code regarding Chapter 222, Vehicles and Traffic. The proposed revisions, as outlined in proposed Ordinance #16-301, would designate the speed limit for Enclave Boulevard as 25mph for the entire length; designate Stop Sign restrictions on Enclave Boulevard at the intersections of both Route 309 and Hartman Road; and designate Enclave Boulevard as a Snow Emergency Route. In addition, the Police Department had previously recommended revisions to the stop sign regulations for the intersection of Beechwood Drive at Sycamore Drive. This revision was inadvertently missed from Ordinance #16-299 which was adopted in September. Further, the Police Department is requesting that these traffic regulations be designated as “Experimental Regulations” in accordance with Section 222-5 of the Township Code for up to 90 days pending adoption of this ordinance. Resolution #6 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of proposed Ordinance #16-301, Amending Speed Limits, Stop Intersections and Emergency Routes Designated for consideration and adoption at the Board of Supervisors meeting on November 14, 2016 and further approve the designation of these changes as “experimental regulations’ for up to 90 days.
Director of Planning and Zoning Bruce Shoupe reported that a subdivision plan for 1023 Lansdale Avenue creating a new Lot #2 was approved by the Board of Supervisors in February 2015. A requirement of his approval was that certain landscaping improvements be met. James Case, Horizon Construction has constructed a new dwelling on Lots #2, which has been assigned the address of 1021 Lansdale Avenue. Mr. Case is requesting a waiver of these landscape requirements and proposes payment of a fee in lieu of these requirements. The landscaping requirements are as follows: 12 Shade Trees (buffer and individual lot) x $350 = $4,200; 19 shrubs (buffer) x $65 = $1,235; for a total of $5,435. Resolution # 7 made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the request for a waiver of the landscape requirements contingent upon the applicant submitting a fee in lieu of those requirements in the amount of $5,435.00.
Resolution #8 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Michael J. Fox and adopted unanimously, approved the waiver of permit fee for a special event for the Bharatiya Temple Diwali Festival.
A motion to approve the payment of bills was made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Michael J. Fox, and adopted unanimously, with the exception of Supervisor Robert J. Birch abstaining from voting on the invoices for Eckert Seamans, otherwise, approval was given for the payment of bills as submitted.
There being no further business to come before the Board, the meeting adjourned at 8:20 p.m.