Montgomery Township, Pennsylvania

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06-11-2018 - Board of Supervisors Minutes

MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

JUNE 11, 2018

 

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

            Chairman Candyce Fluehr Chimera called the action meeting to order at 8:03 p.m.  In attendance were Supervisors Tanya C. Bamford and Matthew W. Quigg. Vice Chairman Michael J. Fox and Supervisor Jeffrey W. McDonnell were absent. Also in attendance were Township Solicitor Robert J. Iannozzi, Esquire, Township Manager Lawrence J. Gregan, Police Chief J. Scott Bendig, Director of Fire Services Richard Lesniak, Director of Administration and Human Resources Ann Shade, 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 A. Rivas.

            Following the Pledge of Allegiance, Chairman Candyce Fluehr Chimera called for public comment from the audience and there was none. 

            Solicitor Robert J. Iannozzi, Esquire announced that the Board had met in an executive session at 7:30 p.m. this evening to discuss three matters of potential litigation. 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 May 29, 2018 Board of Supervisors meeting, and Supervisor Tanya C. Bamford seconded the motion.  The minutes of the meeting were unanimously approved as submitted.

            Chief of Police Scott Bendig reported that Corporal Lee A. Wagner and Corporal Thomas J. Ward were being considered for promotion to Sergeants this evening, with the Board’s consent.  Officer Wagner joined the Montgomery Township Police Department on January 29, 2010 and was assigned to the Patrol Division.  On March 27, 2017, Officer Wagner was promoted to the rank of Corporal after a highly competitive testing process and assigned to Squad 2 as supervisor.  Corporal Wagner has served in several capacities during his tenure with the department in addition to his supervisory responsibilities. These duties included: Field Training Officer, Montgomery County Drug Task Force Officer and Bicycle Officer.  Officer Ward joined the Montgomery Township Police Department on August 27, 2010 and was assigned to the Patrol Division.  On March 27, 2017, Officer Ward was promoted to the rank of Corporal after a highly competitive testing process and assigned to Squad 4 as supervisor. Corporal Ward has served in several capacities during his tenure with the department in addition to his supervisory responsibilities. These duties included: Field Training Officer, DARE Instructor, Montgomery County Drug Task Force Officer and a member of Montgomery County SWAT-Central Region. Resolution #1 made by Supervisor Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, promoted Corporal Lee A. Wagner and Corporal Thomas J. Ward to the rank of Sergeant for the Montgomery Township Police Department effective June 11, 2018.

            Director of Information Technology Richard Grier reported that IT Support Technician Lance Allen has tendered his resignation effective June 22, 2018.  Lance was hired into this newly created IT position on November 26, 2013 and has been an integral part of the IT Department.  Lance was involved in the set up and operation of the IT aspects of the Community and Recreation Center and for day to day IT support for all Township departments.  Lance will be moving from the area and will be taking a job with a company headquartered closer to his new residence.  Resolution #2 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, accepted the resignation of Lance Allen from his position as IT Support Technician with Montgomery Township and thanked him for his commitment to public service during his employment at Montgomery Township.

            Assistant to the Township Manager Stacy Crandell reported that Montgomery Township has achieved a Gold Certification in the Sustainable Pennsylvania Community Certification program.  The program is designed for municipalities that are working to save money, conserve resources, and serve vibrant communities. In earning the Gold level certification, Montgomery Township is acknowledged for its progress in addressing such areas as community design and land use, energy efficiency, health and wellness, intergovernmental cooperation, recycling and waste reduction, fiscal controls, and internal management and operations. This accomplishment will be helpful when seeking funding from the PA Department of Community and Economic Development (DCED).  DCED administers the Greenways, Trail and Recreation Grant, which the Township recently submitted an application for the Friendship Park Project. Resolution #3 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, acknowledged receipt of the award of gold certification and promised to continue to promote sustainability through Montgomery Township’s policies and practices and affirms its participation in the program.

            Director of Planning and Zoning Bruce Shoupe reported that the Board of Supervisors adopted a resolution granting approval of Pro Real Ventures LLC conditional use application for location of a car wash at the intersection of DeKalb Pike and Welsh Road at their meeting on March 26, 2018. The Township Solicitor has prepared a formal decision and order memorializing the Board’s approval of the conditional use request.  Resolution #4 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the Conditional Use Written Decision and Order – Pro Real Ventures LLC – DeKalb Pike and Welsh Road, Application #C-68.

            Director of Planning and Zoning Bruce Shoupe reported that in November 2017, Christopher Lear, owner of the property at 1079 Horsham Road, sought Zoning Board relief following receipt of a Notice of Violation issued for violating the provisions of the Code of Montgomery Township, Sections 230-26, Use Regulations in the R-1 Zoning District, 230-149, Home Occupations, and 230-185, Special Exception.  The Zoning Hearing Board denied this appeal and Mr. Lear subsequently appealed the Zoning Hearing Board decision in February 2018 (docket #2018-03444) with the Montgomery County Court of Common Pleas, which appeal is still pending. The Township has entered its appearance in this appeal on behalf of the Zoning Hearing Board.

            On May 10, 2018 Mr. Lear, represented by Daniel S. Coval Jr, Esquire, filed another application to the Zoning Hearing Board appealing the determination of the Zoning Officer in regards to the Cease and Desist Order issued on September 7, 2017.  The application alleges states that the Zoning Officer erred in his determination of the use of the property as a “recycling / waste disposal facility” and that the applicants stated use as a “warehouse and metal sorting facility” is a continuation of a “pre-existing non-conforming” use of the property. Mr. Lear seeks a determination by the Zoning Hearing Board that his current use of the property is similar to the prior non-conforming uses of the property and therefore permitted per Section 230-139A of the Code of Montgomery Township. In the alternative, Mr. Lear seeks a special exception pursuant to Section 230-139B in order to allow any lawful “non-conforming” use of a building or land to be changed to another “non-conforming use” of the same classification.  Also in the alternative, Mr. Lear seeks a variance from the provisions of Section 230-26A, Use Regulations in the R-1 Residential District, to allow the residential and light industrial use of the property. 

            The application is scheduled to be heard by the Zoning Hearing Board on July 11, 2018. Resolution #5 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized the Township Solicitor to appear before the Zoning Hearing Board and represent the Township in opposition to the Christopher Lear / 1079 Horsham Road Zoning Hearing Board Application No. 18050002, dated May 17, 2018.

            A motion to approve the payment of bills was made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford, and adopted unanimously, approving the payment of bills as submitted.

            There being no further business to come before the Board, the meeting adjourned at 8:27 p.m.