MINUTES OF MEETING
JANUARY 23, 2012
Chairman Candyce Fluehr Chimera called the executive session to order at 6:30 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Lawrence Gregan and Frank R. Bartle, Esquire. Two personnel matters, two matters of potential litigation and four matters of litigation were discussed.
Chairman Candyce Fluehr Chimera called the regular action meeting to order at 8:00 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Frank R. Bartle, Esquire, Lawrence Gregan, Richard Brady, Scott Bendig, Bruce Shoupe, Kevin Costello, Rick Lesniak, Ann Shade, Shannon Drosnock, Rich Grier, Sharon Tucker, Virginia Bailey, Stacy Crandell and Deb Rivas.
Following the Pledge of Allegiance, Chairman Chimera called for public comment from the audience and there was none.
Frank R. Bartle, Esquire reported that the Board met in an executive session earlier in the evening at 6:30 p.m. Mr. Bartle reported that there were two personnel matters, two additional matters of potential litigation and four matters of litigation, including the Zehr litigation, which is a condemnation matter, and three zoning hearing board cases. Mr. Bartle reported that all of these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Supervisor Joseph Walsh made a motion to approve the minutes of the January 3, 2012 Board meeting and Supervisor Robert Birch seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Recreation Coordinator, Sharon Tucker, introduced and welcomed the newest member of the Township staff, Virginia Bailey, who started with the Township on January 9, 2012 as the Secretary in the Recreation office. Resolution #1 was adopted unanimously welcoming Virginia Bailey to the Township staff.
Sharon Tucker presented the 2012 Spring and Summer Recreation programs and fees. This Spring and Summer, the Recreation office will be offering its most popular programs and adding a few new ones. Also, the very popular summer program, Kids University, will be offering a discount for early registration this year. Resolution #2 was adopted unanimously approving the programs and fees as submitted.
Public Works Director Kevin Costello reported that the Public Works Department was requesting the Board's approval to advertise the annual equipment rental, materials and services bids. The bids consist of Asphalt, Stone, Crack Sealer, Lawn Care Treatments and Equipment Rental with Operator. Resolution #3 was adopted unanimously, authorizing the advertisement of the annual equipment rental, materials and service bids.
Kevin Costello also reported that the Public Works Department was requesting the Board's approval to advertise the annual curb and sidewalk repair/replacement project bid. The bid specifications have been prepared by Township Engineer, Gilmore & Associates, and reviewed by staff. Resolution #4 was adopted unanimously, authorizing the curb and sidewalk project bid.
Kevin Costello reported on the request for approval to purchase capital equipment for the Public Works Department in accordance with the 2012 approval final budget. Mr. Costello reported that the department is proposing the purchase of a 2012 Kubota 31 HP Zero Turn Mower with a 72 inch cutting deck under the PA Co-Stars Cooperative Purchasing Program, for a cost of $12,747.75. Mr. Costello also requested the purchase of a 2012 Crafco Crack Seal Machine with Air Compressor from the PA Co-Stars Program at the cost of $45,700, and the purchase of an Everest Model "RHS" Reversible Trip Moldboard 11' Plow at the cost of $11,245 from Co-Stars as well. Resolution #5 was adopted unanimously, authorizing the capital equipment expenditures.
Township Manager Lawrence Gregan reported that staff was requesting the approval for the award of contract for Police Uniforms. The Township only received one bid, from current vendor, Red the Uniform Tailor. The pricing quoted was comparable to previous year's costs. Resolution #6 was adopted unanimously, authorizing the award of the uniform bid.
Lawrence Gregan reported that the Township had received a request for a study to be done for a left turn arrow at the signalized intersection of Upper State Road and Westgate Drive/Mary Mother of the Redeemer (MMR) driveway. Mr. Gregan reported that a proposal was submitted by Township Traffic Engineer, Kevin Johnson, to perform the necessary engineering and traffic study to determine if a northbound advanced left turn phase is warranted at the intersection. Resolution #7 was adopted unanimously authorizing the study at an estimated cost of $3,425.
Planning and Zoning Director Bruce Shoupe reported that the Township has been proactively reviewing its billboard ordinance in anticipation of the advances in digital billboard technology. Mr. Shoupe indicated that the Township was planning to develop regulations to permit digital billboards within the BLI District subject to size limitations and other conditions. Mr. Shoupe reported that the Township's Planning Consultant, Van Riker, has prepared proposed amendments to the "Billboard Overlay District" regulations and the Zoning Map. Staff is requesting the Board's authorization to advertise for a public hearing to consider this ordinance and map. Resolution #8 was adopted unanimously, authorizing the advertisement of a public hearing to be held on the March 26, 2012 Board meeting.
Bruce Shoupe reported on a proposed ordinance amendment to the Township's Sewer Code to comply with recent EPA Regulation change affecting sewage flows directed to the Ambler Wastewater Treatment Plant by the Township's Sewer Authority (MTMSA). Mr. Shoupe reported that the Sewer Authority has been advised that it is required to adopt these regulations relating to Pretreatment of Wastewater, Slug Discharge Control Plans and reporting requirements. Resolution #9 was adopted unanimously, authorizing the advertisement for proposed Ordinance #12-255 - Amendment to Sewer Wastewater Pre-Treatment Regulations.
Finance Director Shannon Drosnock reported on the proposed amendment to the Township's purchasing policy to authorize increases in the threshold limits for purchases requiring bids. Ms. Drosnock reported that Act 84 of 2011, effective January 1, 2012, increased the minimum dollar amount required to advertise and seek bids for purchases and contracts from $10,000 to $18,500. Ms. Drosnock reported that the staff has modified the bidding limits in the Montgomery Township Purchasing Policies and Procedures and is asking the Board's approval of the amended policy. Resolution #10 was adopted unanimously, approving the amended Township purchasing policy bidding limits.
Shannon Drosnock reported that on December 12, 2011, the Board voted to enter into an agreement with Univest Bank for a tax-free loan of $5.5 million for the purpose of acquiring land for open space and park and recreation. Ms. Drosnock indicated that as required by the Department of Community and Economic Development (DCED), this action requires the advertisement and subsequent approval of a Township Ordinance authorizing the Board to increase the indebtedness of the Township. Supervisor Michael Fox indicated that he would abstain from the discussion and vote on this matter as he is employed by Univest Bank. Ms. Drosnock reported that the required legal notices have been completed and the next step of the process is for the Board to approve the ordinance. Resolution #11 was adopted by a 4-0 vote, with Supervisor Fox abstaining, adopting Ordinance #12-254 - Increasing Township Indebtedness by $5.5M for Open Space and Recreation Acquisition.
Shannon Drosnock reported that new GASB Statement No. 54 requires that the Township adopt a policy to define the proper designation and reporting of Township fund balances on the annual audited financial statements. Ms. Drosnock reported that there are now five categories that may be used, which include Non-Spendable Fund Balance, Restricted Fund Balance, Committed Fund Balance Assigned Fund Balance and Unassigned Fund Balance. Resolution #12 was adopted unanimously, approving the policy on the definition and commitment of fund balances in accordance with GASB Statement No. 54.
Shannon Drosnock presented the 4th Quarter 2011 Budget report. Ms. Drosnock's presentation summarized the year-to-date operating results through December 31, 2011 and identified the significant activities in the fund balance, revenues and expenses. Ms. Drosnock reported that overall the Township finances are in excellent condition, including higher revenues, lower expenses and a $928,000 increase in the fund balance at the end of the year.
Shannon Drosnock reported on a proposed amendment to the Township's 2011 Budget. Ms. Drosnock reported that in the 2010 budget, funds were allocated in the Capital Projects Fund for certain park improvement projects. Funds were authorized by the Board in November, 2010, to install dugout covers for the softball fields at Rose Twig Park. The installation and billing of this project occurred in January 2011. Ms. Drosnock indicated that the encumbered dollars did not properly roll over from 2010 into 2011, and as such the expenses were being reported in the 2011 budget year. The budget amendment is required to adhere to the Township's internal and external reporting requirements. Resolution #13 was adopted unanimously, approving the 2011 Fourth Quarter Budget Amendment.
Shannon Drosnock reported that staff is projecting that the general fund will end the fiscal year 2011 with a $3.799M unreserved Fund Balance, an increase of $1.27M during 2011. Ms. Drosnock reported that staff is proposing that $1.2M of this surplus be transferred to the Capital Reserve Fund and to redesignated Capital Reserve Fund Balances. Resolution #14 was adopted unanimously, approving the transfers and redesignation of Reserve Fund Balances.
Director of Fire Services Richard Lesniak reported that it is necessary to update the Township's Emergency Operations Plan at least every two years or when the majority of the governing body changes. Mr. Lesniak recommended that the Board approve the updated Promulgation document as presented. Resolution #15 was unanimously approved adopting the Promulgation to update the Emergency Operations Plan.
Supervisor Michael Fox made a motion to approve the payment of bills. Supervisor Robert Birch seconded the motion. The payment of bills was unanimously approved as submitted.
Under other business, Supervisor Joseph Walsh made a motion (#16) to oppose the zoning hearing board application of Advanced Urgent Care of Montgomeryville LLC and authorize the Township Solicitor to appear in opposition on behalf of the Township. The motion was seconded by Supervisor Michael Fox and approved unanimously.
Also under other business, Supervisor Robert Birch made a motion (#17) to approve the request of Montgomery Square United Methodist Church for a waiver of the permit fee for a sign and the application fee for the zoning hearing board for a variance request. The motion was seconded by Joseph Walsh and approved unanimously.
There being no further business to come before the Board, the meeting adjourned at 8:55 p.m.