MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
JUNE 12, 2017
At 6:00 p.m. Chairman Candyce Fluehr Chimera called to order an executive session. In attendance were Vice Chairman Robert J. Birch and Supervisor Michael J. Fox. Supervisors Richard E. Miniscalco and Jeffrey W. McDonnell were absent. Also in attendance were Township Manager Lawrence Gregan, Township Solicitor Frank Bartle, Esquire, Director of Administration and Human Resources Ann Shade, Director of Finance Ami Tarburton and Director of Planning and Zoning Bruce Shoupe.
Chairman Candyce Fluehr Chimera called the meeting to order at 8:00 p.m. In attendance were Vice Chairman Robert J. Birch and Supervisor Michael J. Fox. Supervisors Richard E. Miniscalco and Jeffrey W. McDonnell were absent. Also in attendance were Township Solicitor Frank Bartle, Esquire, Township Manager Lawrence Gregan, Police Chief Scott Bendig, Director of Finance Ami Tarburton, Director of Administration and Human Resources Ann Shade, Assistant to the Township Manager Stacy Crandell, Director of Planning Bruce Shoupe, Director of Public Works Kevin Costello, Director of Recreation and Community Center Floyd Shaffer, Director of Information Technology Richard Grier, Public Information Coordinator Kelsey McMeans and Recording Secretary Deborah Rivas.
Following the Pledge of Allegiance, Chairman Candyce Fluehr called for public comment from the audience.
Under public comment, Mike Kornfeld of 19 Meadowood Road said that he has a concern about the financial reporting with respect to the Community and Recreation Center. Mr. Kornfeld stated that the financial statements indicate that the total cost of the community center is $11,877,000 of which $267,000 represented land costs and those numbers are wrong. Mr. Kornfeld said that the property on which the community center sits cost $1,500,000. Mr. Kornfeld stated that this misinformation makes it look like the building of the community center came in at cost when it clearly did not. Mr. Kornfeld asked the Township to acknowledge that the cost of the community center was $13,100,000, not $11,800,000 that is being reported. Director of Finance Ami Tarburton reported that the $267,000 was a mistake on the auditor’s part as it was actually a dollar amount for another property. The Township Auditor issued a correction to the financial statements at a recent Board meeting. Mr. Kornfeld stated that he did not know this but he was still questioning the amounts on the financial statements. Township Solicitor Frank Bartle asked Director of Finance Ami Tarburton to provide the new information to Mr. Kornfeld so that he can review the numbers and if he has further questions after that, he can bring them to the Board of Supervisors.
Also under public comment, Kelly Crits of 410 Ellison Drive inquired as to the status of the road paving in the Montgomery Pointe Development. Ms. Crits stated that the roads are terrible, with potholes and raised manhole covers, and residents have been injured because of the conditions of the roads. Ms. Crits said that the residents are frustrated and want to know what the Township can do to get the roads paved. Chairman Candyce Fluehr Chimera reported that the Board shares the residents’ frustration and they are working very hard to keep work moving forward on every section of all of the developments that are not finished. Township Solicitor Frank Bartle, Esquire, reported that the Board has been dealing with this matter for the last couple of years. The primary issue was Enclave Boulevard and that was finally completed. There have been many promises made by the Cutler Group that were not done in a timely manner. There is another meeting scheduled for this coming Wednesday between Montgomery Township officials and the Cutler Group and we will continue to put pressure on the Cutler group to obtain and keep the schedule of items to be completed moving forward. Mary Smith of 608 Ellison Drive stated that she is very concerned about the conditions in her neighborhood. Cliff Fitzgerald of 601 Ellison Drive inquired about the intersection of Enclave Boulevard and Hartman Road. He was concerned about the height of the grass and wanted to know who was responsible for maintaining it. It was determined that the portion of Enclave Boulevard that Mr. Fitzgerald spoke about is the Township’s responsibility and the Public Works Department will maintain it. The other portion along Hartman Road is the responsibility of Glasgow and our Planning Department has been following up with them. Mr. Fitzgerald also asked what the Board meant when they said that they were putting adequate pressure on the Cutler Group. Supervisor Michael Fox reported that the matter continues to be one of potential litigation and as such the Board does not want to divulge the specifics that are under consideration when it comes to putting pressure on the Cutler Group.
Solicitor Frank Bartle announced that the Board had met in an Executive Session prior to this meeting to discuss a personnel matter regarding the police contract negotiation. The Board also discussed four matters of potential litigation, one of which included the David Culter developments as previously discussed. The litigation matter discussed was the Cohen vs. Montgomery Township Zoning Hearing Board. Mr. Bartle stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.
Chairman Candyce Fluehr Chimera made a motion to approve the minutes of the May 22, 2017 Board of Supervisors meeting, and Supervisor Michael J. Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Township Manager Lawrence J. Gregan reported that five vacancies currently exist on the Montgomery Township Autumn Festival Committee. Township resident Steve Terebecki, who resides at 115 Raven Hollow Drive, has expressed an interest to be appointed as a member of the Autumn Festival Committee. Mr. Gregan also reported that one vacancy currently exists on the Montgomery Township Park and Recreation Board. Mary Beth Meehan, who resides 113 Conrad Lane, has expressed an interest to be appointed as a member of the Park and Recreation Board. Resolution #1 made by Supervisor Michael J. Fox, seconded by Vice Chairman Robert J. Birch and adopted unanimously, approved the appointment of Steve Terebecki to the Autumn Festival Committee for a term to expire on January 1, 2018 and also approved the appointment of Mary Beth Meehan to the Park and Recreation Board for a term to expire on January 1, 2022.
Director of Public Works Kevin Costello reported that each year funds are allocated for extra curb and sidewalk concrete work throughout the Township. This work is in addition to the work being done on roads in anticipation of resurfacing. The criteria for this work is based on the Public Works Department’s inspection to identify sidewalks that have the potential of tripping hazards or have significant deterioration. This work will be performed under our current contract with Olivieri & Associates Inc., based on their unit prices in their approved contract. Resolution #2 made by Vice Chairman Robert J. Birch, seconded by Supervisor Michael J. Fox and adopted unanimously, authorized the expenditure in the amount of $39,504.00 to perform the repairs/replacement of sidewalks throughout the Township under the current contract with Oliveri & Associates.
Director of Public Works Kevin Costello reported that the Township has another opportunity to purchase petroleum products from the cooperative purchase contract through the Southeastern PA Counties Cooperative Purchasing Board. The current contract with Riggin’s Inc. is valid through June 30, 2017 and has been extended for a period of one year and will run until June 30, 2018. Resolution #3 made by Supervisor Michael J. Fox, seconded by Vice Chairman Robert J. Birch and adopted unanimously, approved the participation in the extended Southeastern PA Cooperative Purchasing Board Fuel Contract for a period of one year ending on June 30, 2018.
Director of Planning and Zoning Bruce Shoupe reported that an application for land development has been received for the construction of a Korean War Memorial American-Korean Alliance Peace Park. This is an ongoing project and every dollar spent for construction and maintenance on the memorial will be through private fundraising efforts. State Representatives Harper, Stephens and Murt and Congressman Boyle are Co-Chairs of the committee formed to administer the construction of this project. A sketch plan has been prepared by Boucher and James detailing the memorial site and Joe Lavelle, Architect, will be preparing the construction details. The Township Planning Commission recommended a waiver of land development for this project at their meeting on May 18, 2017. Resolution # 4 made by Supervisor Michael J. Fox, seconded by Vice Chairman Robert J. Birch and adopted unanimously, waived the formal land development application requirements for the Korean War Memorial at Memorial Grove Park subject to entering into a license agreement and an improvements and security agreement as prepared and approved by the Township Solicitor.
Director of Planning and Zoning Bruce Shoupe reported that Hawthorn Development, LLC is requesting the Board’s consideration to approve their preliminary/final subdivision-land development plan for the Montgomery Retirement Residence – LDS#690. Hawthorn Development LLC proposes the development of several lots at the intersection of Doylestown Road and Montgomery Glen Drive and subdivide the rear section of 697 Bethlehem Pike as a Congregate Care/Independent Senior Living use. The development includes 141 congregate care/independent living senior living unit suites and two manager units in a 3-story building, along with associated improvements, such as parking, green space, site amenities and detached garages. Attorney James Garrity, representing Hawthorn Development LLC, stated that the resolution as presented is acceptable except for the requirement that handicap parking spaces be distributed throughout the parking lot. Mr. Garrity explained that access to the facility will be through one door and as such, it is recommended that all handicap spaces be located near that entrance door. The Board was in agreement with that request. Resolution #5 made by Supervisor Michael J. Fox, seconded by Vice Chairman Robert J. Birch and adopted unanimously, approved the preliminary/final subdivision – land development plan for Hawthorn Development LLC for the Montgomery Retirement Residence – LDS#690.
Resolution #6 made by Supervisor Michael J. Fox, seconded by Vice Chairman Robert J. Birch and adopted unanimously, approved the construction escrow release #2 for LDS#681 for Nappen & Associates property at 1390 Welsh Road in the amount of $168,513.15.
A motion to approve the payment of bills was made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Michael J. Fox, and adopted unanimously, approved the payment of bills as submitted.
Under other business, Chairman Candyce Fluehr Chimera made a motion that the Board of Supervisors approve the settlement of the outstanding appeal of audit results, with final assessment issued on May 1, 2017 for AES Clean Technology, Inc., for the sum of $50,000.00, subject to the parties entering into a settlement agreement in a form acceptable to the Township Solicitor. Supervision Michael J. Fox seconded the motion which was adopted unanimously by Resolution #7.
There being no further business to come before the Board, the meeting adjourned at 8:45 p.m.