Montgomery Township, Pennsylvania

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07-09-2018 - Board of Supervisors Minutes

MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

JULY 9, 2018

 

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

            Chairman Candyce Fluehr Chimera called the action meeting to order at 8:04 p.m.  In attendance were Supervisors Tanya C. Bamford, Michael J. Fox and Jeffrey W. McDonnell. Supervisor Matthew W. Quigg was absent. Also in attendance were Township Solicitor Frank R. 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 A. Rivas.

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

            Solicitor Frank R. Bartle, Esquire announced that the Board had met in an executive session at 7:30 p.m. this evening to discuss two matters of potential litigation, one being the Cutler matter and the other resulting in a motion to be discussed under other business. 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 June 25, 2018 Board of Supervisors meeting, and Supervisor Tanya C. Bamford seconded the motion.  The minutes of the meeting were unanimously approved as submitted.

            Director of Public Works Kevin Costello introduced new Public Works Department employee Joseph Cardamone. Mr. Cardamone was hired as a Laborer and he will be working under Greg Reiff, Park Foreman, to assist with park maintenance and projects as well as other varied tasks. Mr. Cardamone began his employment on July 2, 2018 and he brings a wide range of experience as a laborer and heavy equipment operator, as well as knowledge of landscape maintenance.  Mr. Cardamone holds a Class A CDL driver’s license and is an ASE Certified Mechanic. Resolution #1 made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, welcomed new employee Joseph Cardamone to Montgomery Township effective July 2, 2018.

            Director of Public Works Kevin Costello reported that the Township has the opportunity to purchase petroleum products from the Cooperative Purchase Contract through the Southeastern PA Counties Cooperative Purchasing Board. The new contract was awarded to Petroleum Traders Corporation of Fort Wayne, IN. The contract is valid for a period of two years and will run from June 30, 2018 to June 30, 2020.  Resolution #2 made by Supervisor Tanya C. Bamford, seconded by Vice Chairman Michael J. Fox and adopted unanimously, approved the Township’s participation in the Southeastern PA Counties Cooperative Purchasing Board’s Cooperative Purchasing Contract awarded to Petroleum Traders Corporation of Fort Wayne, IN for the purchase of gasoline and diesel fuel for a period of two years ending on June 30, 2020.

            Director of Planning and Zoning Bruce Shoupe reported that Preliminary/Final Land Development Plan LDS #694, Higher Rock Partners, LP was granted Conditional Land Development approval on December 18, 2017. The development includes the present Sal’s Nursery with an addition, plus the construction of a new retail center, a Wawa with fuel dispensary, Citadel Bank, Wendy’s Restaurant, a strip retail building and a 3-story office building along with associated improvements, such as parking, green space and site amenities.  Since that approval, the developer has made a number of site grading changes to the site plan that were not anticipated in the original approval and which are significant enough that they require the Board of Supervisors approval for the amendment to the original plan. Engineer George Hartman, P.E. with Bohler Engineering representing the developer, Higher Rocks Partners, LP, explained that the project had received Montgomery County Conservation District approval for the grading changes and they would like to proceed with obtaining a Grading Permit to start site work in anticipation of completing all of the prior approval conditions. The developer determined that there would be a significant amount of earthwork involved in the project and after revisiting the plans, decided it would be a better option to keep the excavated materials onsite instead of hauling it offsite. As such, the earthwork materials would be placed at the back of the site, but would require the construction of a retaining wall, which at a certain point will be 30 feet high. Vice Chairman Michael Fox inquired as to which type of properties are adjacent to the site and would be bordered by the wall. Mr. Hartman reported that all the properties adjacent to this site are industrial properties. Mr. Fox also inquired about how much fill would be moved and how many truckloads would it take to move it offsite? Mr. Hartman reported that there was approximately 100,000 cubic yards of fill and it would take approximately 4,400 truckloads to move it offsite.  Mr. Hartman asked for the Board’s approval to move forward with construction so that they can construct the wall as part of the grading operations. Resolution #3 made by Chairman Candyce Fluehr Chimera, seconded by Vice Chairman Michael J. Fox and adopted unanimously, approved the Amendment to the Preliminary/Final Land Development Plan LDS#694 for Higher Rock Partners, LP.

            Township Manager Lawrence J. Gregan reported that bids were received this past Friday morning at 10:00 a.m. for the Enclave Boulevard restoration. The work involves restoration of lawn area along Enclave Boulevard adjacent to the Montgomery Walk, Montgomery Pointe, Montgomery Knoll and Montgomery Preserve developments.  There were two bid items. The first one was a base bid and the second was an alternate bid for installation of some handicap ramps and paving material at the locations required by the plan. The bids came in substantially higher than was anticipated in the engineer’s estimate. The low bid was $107,720.00 and the next bid was $108,850. The alternate bids for both were approximately $31,440 and $31,180. Given the substantial difference between our engineering estimate and the actual bids, it is being recommended that the Board reject these bids and that the project scope of work be re-evaluated and a recommendation be made at a later date. At that time, the Board can consider rebidding the project in order to finish the work. Resolution #4 made by Supervisor Tanya C. Bamford, seconded by Chairman Candyce Fluehr Chimera and adopted unanimously, rejected all bids for the Enclave Boulevard Restoration and directed staff to reevaluate the specifications and rebid the project.

            Assistant to the Township Manager Stacy Crandell reported that the Pennsylvania Department of Transportation is offering funding from the Automated Red Light Enforcement (ARLE) System Grant Funding Program to fund worthwhile projects that improve the safety and mobility of the traveling public. Police Chief Scott Bendig has provided a recommendation for the conversion of the Township’s Emergency Preemption System equipment from “Sonic” systems to “Optical” systems. In support of this recommendation, a grant application has been prepared to implement “Optical” Emergency Vehicle Preemption Systems and remove the existing “Sonic” systems for eleven traffic signals along the Bethlehem Pike (Route 309) corridor through the Township. This will be the first phase of a Township-wide initiative to provide for an updated emergency vehicle preemption system that can be accessible by all of the regions emergency responders. The Township is seeking a grant in the amount of $248,919.00 for this project. While a match is not required, but is looked at favorably when awarding the grant, the Township’s local match will consist of the cost to purchase and install seventeen (17) new light bars which will be outfitted with the necessary emitters required to activate the Optical Vehicle Preemption System at an estimated cost of $46,692.16. These light bars are scheduled for replacement under the Township’s Capital Equipment Replacement program. Resolution #5 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized Township staff to submit an application to PennDOT for the ARLE Grant for an Emergency Vehicle Preemption System.

            Director of Fire Services Richard Lesniak reported that Pennsylvania legislation requires that political subdivisions of the Commonwealth establish a local emergency management organization. The emergency management organization is tasked with, among other things, the responsibilities to prepare, maintain and keep current an emergency operations plan. The Pennsylvania Emergence Management Agency suggests that the Emergency Operations Plan (EOP) be updated at least every two years or when the majority of the governing body changes. While the EOP is constantly updated as personnel and contact information changes, the plan hasn’t officially been re-adopted by the Board of Supervisors since June of 2012. The official Promulgation Form is provided for review and signature.  Resolution #6 made by Chairman Candyce Fluehr Chimera, seconded by Vice Chairman Michael J. Fox and adopted unanimously, approved the resolution to Promulgate the Updated 2017 Emergency Operations Plan.

            Director of Fire Services Richard Lesniak reported that the Stafford Act (P.L. 106-390, the Disaster Mitigation Act of 2000) requires state and local governments to develop an approved mitigation plan as a condition for receiving certain federal disaster grants and loans. The act also requires that the plans be updated every five years. Over the past year, the Montgomery County Planning Commission, Department of Public Safety and municipalities throughout the County have worked together to update the plan. To remain in compliance with the Disaster Mitigation Act and be eligible for future federal hazard mitigation funding, it is recommended that the Board of Supervisors adopt the 2017 Montgomery County Hazard Mitigation Plan. Resolution #7 made by Chairman Candyce Fluehr Chimera, seconded by Vice Chairman Michael J. Fox and adopted unanimously, adopted the 2017 Montgomery County Hazard Mitigation Plan as presented.

            Resolution #8 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the release of engineering and legal escrow and construction security in the amount of $29,417.99 in the form of a letter of credit with Royal Bank in construction escrow and 414,369.32 in the engineering and legal cash escrow account for LDS #626 - AAA Development Group – Dunkin Donuts located at 1109 Bethlehem Pike.

            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.

            Under other business, Chairman Candyce Fluehr Chimera made a motion, seconded by Vice Chairman Michael J. Fox and adopted unanimously, approved the Settlement Agreement between KBA – Kimmel Bogrette Architect + Site and Montgomery Township.

            There being no further business to come before the Board, the meeting adjourned at 8:40 p.m.