MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

JANUARY 22, 2018

At 7:30 p.m. Chairman Candyce Fluehr Chimera called to order an executive session. In attendance were Supervisors Tanya C. Bamford, Michael J. Fox, Jeffrey W. McDonnell and Matthew W. Quigg. Also in attendance were Lawrence Gregan and Robert Iannozzi, Esquire.

Chairman Candyce Fluehr Chimera called the action meeting to order at 8:10 p.m. In attendance were Supervisors Tanya C. Bamford, Michael J. Fox, Jeffrey W. McDonnell and Matthew W. Quigg. Also in attendance were Township Solicitor Robert Iannozzi, Esquire, Township Manager Lawrence Gregan, Police Chief Scott Bendig, Director of Fire Services Richard Lesniak, Director of Finance Ami Tarburton, 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 Whalen and Recording Secretary Deborah A. Rivas.

Following the Pledge of Allegiance, Chairman Candyce Fluehr Chimera called for public comment from the audience.

Russ Cole, an Emergency Medical Technician and Personnel Officer of the Volunteer Medical Service Corps, asked the Board of Supervisors to consider implementing Pennsylvania’s State Act 172 of 2016 which authorizes the Township to give volunteers of the Fire Department and Emergency Medical Services (EMS) a credit towards their earned income taxes and municipal real estate property taxes. Mr. Cole stated that he sent an email to the Township and received a reply that the Township was waiting on more details before considering implementing the act. Mr. Cole stated that he would be happy to provide any details required by the Township to consider moving forward on this request. Staff was familiar with the Act and there are a number of issues that need to be discussed for inclusion in any Township ordinance. Mr. Cole said that implementing the Act would help the volunteer organizations gain more volunteer members. Chairman Candyce Fluehr Chimera suggested that a meeting be setup to continue the discussion of implementing Act 172 of 2016. Supervisor Matthew W. Quigg thanked Mr. Cole and all the first responders for everything that they do for the residents of the Township.

Solicitor Robert Iannozzi, Esquire announced that the Board had met in an executive session prior to this meeting and discussed two matters of potential litigation, two matters of litigation and one personnel matter. Mr. Iannozzi 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 January 2, 2018 Board of Supervisors meeting, and Supervisor Tanya C. Bamford seconded the motion. The minutes of the meeting were unanimously approved as submitted.

Vice Chairman Michael J. Fox, Board Liaison to the Shade Tree Commission, reported that the Shade Tree Commission would like to recognize two individuals. Shade Tree Commission member Mary Brock, a member since 2010, and Staff Liaison Marianne McConnell, employed since 2002, for their hard work and dedication in organizing and coordinating the Township’s Annual Arbor Day event and more recently, the Community Forestry Workshop held in November 2017. Recognition plaques were presented by the Shade Tree Commission to both Ms. Brock and Ms. McConnell for their efforts in implementing these two events. Resolution #1 made by Vice Chairman Michael J. Fox, seconded by Chairman Candyce Fluehr Chimera and adopted unanimously, recognized Mary Brock and Marianne McConnell for their hard work and dedication as members of the Shade Tree Commission.

Director of Fire Services Richard Lesniak reported that Gary Davis, a resident of Montgomery Township, recently joined the Fire Department of Montgomery Township (FDMT). Mr. Davis is being nominated by the FDMT to be appointed as a Special Fire Police Officer under the Pennsylvania State Fire Police Statute – Act of 1941, P.L. 137, No. 74, Amended July 11, 1980. P.L. 580, No. 122. Mr. Davis has been interviewed by the Montgomery Township Police Department and has successfully completed Basic Fire Police Certification Course and is being recommended for appointment as a Special Fire Police Officer. Chairman Candyce Fluehr Chimera administered the oath of office to Mr. Davis. Resolution #2 made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, appointed Gary Davis to the position of Special Fire Police Officer with the Fire Department of Montgomery Township.

Director of Public Works Kevin Costello announced that two Public Works Department employees are being recognized for their recent promotions. Scott Stutzman has been promoted from Acting Road Foreman to Road Foreman and Todd Jasuta has been promoted from Acting Assistant Road Foreman to Assistant Road Foreman. Both promotions are effective January 1, 2018. Resolution #3 made by Vice Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, recognized the promotions of Scott Stutzman to Road Foreman and Todd Jasuta to Assistant Road Foreman.

Director of Public Works Kevin Costello reported that staff is requesting the Board’s authorization to advertise and solicit for bids for the 2018 Annual In-Place Road Paving Contract. As part of the 16-Year Road Plan, staff and consultants have identified Township roads that will require resurfacing as part of the road improvement program. The work includes a surface mill, leveling course, an inch and a half overlay and all the associated preparation work. The bid specifications have been prepared by Township Engineer, Gilmore & Associates, and reviewed by staff. Resolution #4, made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the advertisement for bids for the 2018 Annual Road Paving In-Place Contract. The bids are to be received on or before February 14, 2018 at 10:30 a.m.

Director of Public Works Kevin Costello reported that staff is requesting the Board’s authorization to advertise and solicit for bids for the annual Curb and Sidewalk Project. Annually, the Township performs repairs / replacement of certain curbing and sidewalks throughout the Township in anticipation of the future resurfacing of the streets. The bid specifications have been prepared by Township Engineer, Gilmore & Associates, and reviewed by staff. Resolution #5, made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the advertisement for bids for the 2018 Curb and Sidewalk Project. The bids are to be received on or before February 14, 2017 at 10:00 a.m.

 Director of Finance Ami Tarburton reported that a compliance audit of the 2012 through 2016 business tax returns for the Neptune Chemical Pump Company located at 296 DeKalb Pike was conducted by Gary Williams of McCarthy & Co., in September 2017. The audit resulted in a total amount due of $103,356, which included $74,650 in past due taxes, $7,626 in penalties and $20,080 in interest charges. On November 13, 2017, Neptune submitted a petition to appeal the audit results under the provisions of the Township’s Taxpayers Bill of Rights, along with a $74,650 “good faith” payment, requesting abatement of the assessed penalty and interest charges. After denial of the initial petition, Neptune agreed to make an additional payment of $20,080 in interest charges to resolve the appeal. Resolution #6 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the settlement of the appeal of audit results with final assessment issued on September 8, 2017 for Neptune Chemical Pump Company by entering into the proposed Mutual Release Agreement providing for the payment of $74,650 in past due taxes and $20,080 in interest charges.

Director of Finance Ami Tarburton reported that new bid limits have been published for 2018 which increase the minimum dollar amount that requires townships to advertise and seek bids for purchases and contracts. The Board of Supervisors acknowledges the State required bidding limits in the ‘Montgomery Township Purchasing Policies and Procedures’ which governs Township staff on how to adhere to and process the requirements. This document requires an update to reflect the new limits which are:

Contracts below $10,900 – no advertising or competitive bidding required; and

Contracts between $10,900 and $20,100 – three informal (written, telephonic, electronic) price quotes are required, with award to the lowest bidder; and

Contracts over $20,100 – advertising twice and formal competitive bidding is required.

Resolution #7 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approved the changes to the ‘Montgomery Township Purchasing Policies and Procedures’ by increasing the required bid limits to adhere to the Department of Labor and Industry thresholds for 2018.

Director of Planning and Zoning Bruce Shoupe reported that the Board of Supervisors adopted a resolution granting the requested conditional use application of Higher Rock Partners LP at their meeting on December 18, 2017. This matter involves the adoption of the written “Decision and Order” for the conditional use approval of Higher Rock Partners LP. The Township Solicitor has prepared a formal decision and order memorializing the Board’s grant of the requested conditional use. Resolution #8 made by Vice Chairman Michael J. Fox, seconded by Chairman Candyce Fluehr Chimera and adopted unanimously with a vote of 3 to 0. Supervisors Tanya C. Bamford and Matthew W. Quigg abstained from the vote as they were not members of the Board of Supervisors at the December 18, 2017 meeting.

Resolution #9 made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized a construction escrow release in the amount of $5,435.00 for the minor subdivision of 1023 Lansdale Avenue.

Township Manager Lawrence J. Gregan reported that Montgomery Township Elected Auditor Stephanie Terreri has advised staff that she has moved out of the Township and has submitted a letter of resignation from her position. Ms. Terreri’s term of office expires on 1/1/2022. In accordance with the provisions of the Second Class Township code, the Board of Supervisors must accept a tendered resignation no later than forty-five days after the resignation has been tendered to the Board of Supervisors. Upon acceptance of the letter of resignation, the Board has thirty days to fill the vacancy. Resolution #10 made by Vice Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, accepted the resignation of Stephanie Terreri from her position of Township Auditor.

A motion to approve the payment of bills was made by Chairman Candyce Fluehr Chimera, seconded by Vice Chairman Michael J. Fox, and adopted unanimously, approving the payment of bills as submitted.

There being no further business to come before the Board, the meeting adjourned at 8:45 p.m.