MINUTES OF MEETING
DECEMBER 17, 2012
Chairman Candyce Fluehr Chimera called the executive session to order at 7:00 p.m. In attendance were Supervisors Michael Fox, Jeffrey McDonnell and Joseph Walsh. Supervisor Robert Birch was absent. Also in attendance were Lawrence Gregan and Frank Bartle, Esquire.
Chairman Candyce Fluehr Chimera called the action meeting to order at 8:00 p.m. In attendance were Supervisors Michael Fox, Jeffrey McDonnell and Joseph Walsh. Supervisor Robert Birch was absent. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief J. Scott Bendig, Rick Lesniak, Kevin Costello, Bruce Shoupe, Shannon Drosnock, Ann Shade, Stacy Crandell, Richard Grier and Shirley Snyder.
Following the Pledge of Allegiance, Chairman Candyce Fluehr Chimera called for public comment from the audience and there was none.
A moment of silence was observed for the people of Newtown, Connecticut, as they cope with the tragedy at the Shady Hook Elementary School.
Frank Bartle, Esquire reported that the Board met in an executive session earlier in the evening at 7:00 p.m. Mr. Bartle reported that the Zehr Tract Eminent Domain Litigation, three personnel matters and one potential real estate acquisition matter were discussed. Mr. Bartle also reported 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 November 26, 2012 Board meeting and Supervisor Michael Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Chief of Police J. Scott Bendig introduced John J. Rushin who will be hired as a Recruit Police Officer with Montgomery Township. Mr. Rushin was the top ranked candidate for this position. Mr. Rushin grew up in Mount Pocono, Pennsylvania and attended Pennsylvania State University-Altoona and Montgomery County Community College, where he received his Act 120 Certification in April 2012. Mr. Rushin is currently employed as a Sergeant with the Philadelphia Warrant Unit and also serves as a part-time Police Officer with the Spring City Police Department. Resolution #1, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and approved unanimously, appointed John J. Rushin to the position of Recruit Police Officer in the Montgomery Township Police Department, effective January 4, 2013.
The public hearing for proposed Ordinance #12-266Z, an Amendment to Regional Shopping Center (RS) Regulations in the Zoning Code was opened at 8:10 p.m. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Frank Bartle introduced the proposed amendment, read the legal advertisement, and entered Exhibits 1 through 5 into the record. Mr. Bartle stated that this proposed Ordinance would amend the Montgomery Township Zoning Code Regulations governing signs in the RS Regional Shopping Center Zoning District. Robert Brandt, Esquire, representing Simon Properties, Owners of the Montgomery Mall, Michael Kissinger of Pennoni Associates and Land Planner Joseph Zadlo were sworn in and presented testimony. Mr. Brandt stated that this proposed Ordinance includes clarification and minor changes to the Zoning Regulations for signs in the RS Shopping Center District. Montgomery Mall is the only property in the Township that falls under this Ordinance. Joseph Zadlo stated that the revisions to this Ordinance were a combined effort of Director of Planning & Zoning Bruce Shoupe and Planning Consultant Ken Amey, with input from the Montgomery Township Planning Commission and the Montgomery County Planning Commission. There was no public comment concerning this matter. The Public Hearing was closed at 8:29 p.m. Resolution #2, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, approved Ordinance #12-266Z, an Ordinance amending the Regional Shopping Center (RS) regulations.
Bruce Shoupe reported that Giant Food Stores, LLC and Horsham Realty are proposing to demolish the existing building at 741 Bethlehem Pike and construct a Giant To Go facility consisting of a 5,000 square foot convenience store with gasoline filling station. Their proposal for the gasoline filling station requires Conditional Use approval under Section 230 - 75A of the Township Zoning Code. An application for this approval was submitted on December 4, 2012 and a public hearing on the application is required to be held by the beginning of February 2013. Resolution #3, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, set Monday, January 28, 2013 after 8:00 p.m. in the Township Building as the date, time and place for a Public Hearing to consider the Conditional Use application of Giant Food Stores, LLC and Horsham Realty Associates for 741 Bethlehem Pike.
Bruce Shoupe reported that the Township Engineer is recommending a construction escrow release for LDS#643 Kidalas Court, the eighth escrow release for this project. Resolution #4, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, approved the escrow release for Kidalas Court in the amount of $14,390, leaving a new balance of $104,935.78.
Bruce Shoupe reported that in 2000, a Deed of Dedication for right of way along County Line Road was submitted as part of the Todi Subdivision. The Deed was never formally accepted or recorded. Resolution #5, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, accepted the Deed of Dedication from Todi Living Trust for the area between the legal and ultimate Right of Way along County Line Road, in conjunction with the Todi Subdivision and authorized the Solicitor to record the deed in the Montgomery County Courthouse.
Bruce Shoupe reported that the complexity of permit applications submitted for sprinkler and alarm system plans require reviews/approvals by Plan Reviewer, with certifications to review and approve permits for such systems. Both Mr. Shoupe and Mr. Lesniak have utilized design professionals in the past for code review or such plans, and are recommending that the Township retain All State Design Group for sprinkler plan reviews and Phiscon Enterprises for alarm system plan reviews. Resolution #6, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, approved the proposals by and between All State Design Group Inc. and Phiscon Enterprises, Inc. for sprinkler and alarm design reviews.
Township Manager, Lawrence Gregan summarized the Montgomery Township Municipal Sewer Authority proposed 2013 budget. Mr. Gregan stated that there is a slight net income in the proposed 2013 budget, with no rate increase. Board of Supervisor approval of the Authority Budget is required in accordance with Section 3 of the Operating Agreement between the Township and the Montgomery Township Municipal Sewer Authority. Resolution #7, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the Montgomery Township Sewer Authority Budget for the fiscal year 2013 for the period from January 1, 2013 to December 31, 2013.
Lawrence Gregan reviewed the list of Tapping Fee Agreements entered into by the Montgomery Township Municipal Sewer Authority in 2012. Resolution #8, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, approved the following 2012 Montgomery Township Municipal Sewer Authority Tapping Fee Agreements with Wegmans, Staybridge Hotel, Montgomery Pointe Phase IIB, Patient First and Hampton Inn.
Director of Finance, Shannon Drosnock presented the final 2013 Montgomery Township Budget. The Board held four public workshop meetings on the budget and approved the Preliminary Budget on November 12, 2012. Ms. Drosnock stated that no revenues or expenses in the final budget are increased more than ten percent in the aggregate or more than twenty-five percent in any major category over the proposed budget. Resolution #9, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh, and adopted unanimously adopted the 2013 Montgomery Township Budget as presented on November 12, 2012. Resolution #10, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, approved the Tax Levy Resolution with a total of 1.49 mills, and establishes the Homestead Exclusion amount for 2013 at $30,000. Resolution #11, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously established the street light assessments for 2013. Resolution #12, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, approved the maximum departmental salary/wage increased for 2013 with the adoption of the 2013 budget.
Shannon Drosnock reported that the Board of Supervisors has hired RBC Capital Markets to assist with the financing of the proposed Community/Recreation Center, as it relates to a Township bond issue. Staff would like to apply for an updated bond rating from Standard and Poor's with the anticipation that the Board may want to enter the Municipal bond market during the next six months. The cost associated with obtaining an updated rating for the Township is approximately $15,000 and will be paid for from cash reserves dedicated for the Community/Recreation Center Project. Resolution #13, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, authorized staff to issue a formal request to Standard and Poor's to assign the Township an updated Bond rating.
Shannon Drosnock reported that Government Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, to address how fund balances are to be reported on the annual audited financial statements. Ms. Drosnock presented a recommendation for Township funds to be designated as "committed" for 2012. Resolution #14, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, defining the "committed" fund types and classifying specific fund balances for the 2012 fiscal year in accordance with the Governmental Accounting Standard Board Statement No. 54.
Lawrence Gregan reported that PennDOT recently installed equipment which provides the capability to view real-time CCTV camera images from the PennDOT District 6-0 Regional Management Traffic Center. PennDOT is providing Montgomery Township, as the Licensee, the ability to use the highway event data and live video feed from traffic cameras for its own use, which requires an agreement between Montgomery Township and PennDOT. Resolution #15, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, authorized the Township to enter into a Video Sharing system Maintenance Agreement and Nonexclusive Highway Event Data Agreement for the video sharing system equipment.
Lawrence Gregan reported that PennDOT is undertaking a project to design, install and upgrade various traffic signals, Intelligent Transportation System (ITS) devices and communication infrastructure along the Route 309 Corridor to address potential congestion resulting from an incident on I-476 - North East Extension of the Pennsylvania Turnpike. PennDOT will be responsible for maintenance of all Intelligent Transportation System devices. Maintenance of the traffic signal systems will remain the responsibility of Montgomery Township. Resolution #16, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, authorized the execution of both the Traffic Signal Maintenance Agreement and Cooperative Memorandum of Agreement with PennDOT for the installation, maintenance and operation of various traffic signals, ITS and communication equipment for PennDOT State Project No. I-476/PA309 Traffic Management System.
Lawrence Gregan reported that the scope of work prepared for the Friendship Park Grading and Paving Project did not include temporary seeding which is used to stabilize the site over winter. The Township Engineer has advised that this stabilization work is necessary in order to stay in compliance with the Montgomery County Conservation District Erosion and Sedimentation Permit. As permanent seeding cannot take place at this time of year, a change order has been submitted for this additional scope of work. Resolution #17, made by Supervisor Jeffrey McDonnell, seconded by Vice Chairman Joseph Walsh and adopted unanimously, accepted the Township Engineer's recommendation that the scope of the site work for Friendship Park be revised to include temporary seeding in accordance with the Cutler Group's contractor's estimate of $0.06 per square foot.
Director of Fire Services, Rick Lesniak announced that the Department of Homeland Security, the Southeastern Pennsylvania Regional Taskforce (SEPA RTF) has purchased Variable Message Sign Trailers for distribution throughout Montgomery County. Montgomery Township has been asked to house a trailer which would provide the Township the ability to use the trailer for emergency incidents and planned events throughout the Township. Other municipalities will be authorized to utilize this equipment for emergencies. Resolution #18, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, authorized the execution of an agreement with the Southeastern Pennsylvania Regional Taskforce to house a Variable Message Sign Trailer.
Assistant to the Township Manager, Stacy Crandell reported that Montgomery Township was recently contacted regarding participation in the Wissahickon Watershed Multi-Municipal MS4 Education Outreach Program. Participation in this program would help satisfy requirements in our Pennsylvania's municipal stormwater permit (PAG-13). This multi-municipal stormwater program is designed to complement the MS4 permit, which requires extensive community education and staff training. Participation in the program at this time, does not require any funding from the Township. Resolution #19, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized the Township to participate in the Wissahickon Multi-Municipal MS4 Stormwater Education Outreach Program.
Vice Chairman Joseph Walsh made a motion to approve the payment of bills. Supervisor Michael Fox seconded the motion. The payment of bills was unanimously approved as submitted.
Vice Chairman Joseph Walsh announced that the Holiday Lights Celebration on Sunday, December 16, 2012 was a very nice event and expressed his appreciation to the staff for their efforts.
There being no further business to come before the Board, the meeting adjourned at 9:18 p.m.