Monday, January 28, 2008
Chairman Stephen Prousi called to order the work session at 7:30 p.m. In attendance were Supervisors Birch, Fox, McDonnell and Sarosky. Also in attendance were John Nagel, Larry Gregan, Mike Galla, Stacy Crandell, Bruce Shoupe, Pam Gural Bear, Bill Brightcliffe, Rich Brady and Deb Rivas.
Mike Galla and Roy Rodriguez made a presentation regarding the Open Space Committee's recommendation to enter into a lease with PECO to utilize the land under and around the electric lines for a 3 mile multiuse trail. The project would be submitted for Montgomery County Open Space funding which would cover 80% of the projected cost of $1,342,792. The Township would be responsible for the remaining 20% ($268,558). A grant application would be submitted to the DCNR for the full 20%. The DCNR was made aware of the project and was favorable to the application. The multiuse trail would be consistent with the County's specifications. The PECO lease would be for five years, with three additional five year renewals. Chairman Prousi made a motion to accept the lease agreement and Supervisor McDonnell seconded the motion. Resolution #1 unanimously approved the lease with PECO for the multiuse trail project.
Finance Director Larry Gregan provided the fourth quarter 2007 Budget Report. Mr. Gregan indicated that the Township's financial condition is very sound. Monies have been transferred to capital reserve and the Township's debt of $2.5 million is scheduled to be paid off by 2014. Mr. Gregan indicated that the Township has shown a steady increase in surplus since 2001. There was some discussion regarding the Finance Committee's displeasure at recent comments made regarding the Township's finances. Supervisor Fox stated that the past performance was good and staff was prudent in creating reserves. However, Mr. Fox indicated that upward trends are ending and the Township needs to prepare for revenues that will not be the same going forward. Supervisor Birch, liaison to the Finance Committee, stated that the members of the Finance Committee informed Mr. Birch that the Finance Committee was grossly under utilized and as the liaison he would work to get them more involved. The work session was adjourned at 7:55 pm.
Chairman Stephen Prousi called to order the regular action meeting at 8:00 p.m. In attendance were Supervisors Birch, Fox, McDonnell and Sarosky. Also in attendance were John Nagel, Rich Brady, Kevin Costello, Bill Brightcliffe, Larry Gregan, Pam Gural-Bear, Bruce Shoupe, Judith Stern Goldstein, Phil Wursta, John Chambers and Deb Rivas.
At the January 7, 2008 Board meeting, the appointment of the Township consultants was extended for a period of 30 days. At this evening's meeting, the Board is appointing its consultants for the remainder of 2008. Supervisor Fox nominated Frank Bartle as the Township Solicitor, Supervisor McDonnell seconded the nomination. Resolution #2 appointed Frank Bartle as the Township Solicitor by a vote of 3 to 2, Supervisor Sarosky and Chairman Prousi opposing. Supervisor Fox nominated John Chambers to be the Township Engineer, Phil Wursta to be the Traffic and Street Light Engineer, Judith Stern Goldstein for Landscape Engineer and Richard O'Brien to be the Building Inspector. Supervisor McDonnell seconded the nominations. Resolution #3 appointed those consultants unanimously for 2008. Supervisor Fox also nominated Joseph Rudolf to be the labor attorney and Supervisor McDonnell seconded the nomination. Resolution #4 appointed Joseph Rudolf to be the Labor Attorney by a vote of 4 to 0, with Supervisor Sarosky abstaining from the vote. There was no public comment on any of the nominations or appointments. The Board then ratified the previous three resolutions unanimously.
John Nagel notified the Board that there are now three vacancies on the Zoning Hearing Board, one full member and two alternate members. The Board suggested that candidates be interviewed by the Zoning Hearing Board and then recommended to the Board of Supervisors for appointment. With regards to the Zoning Hearing Board Solicitor, Frank Bartle informed the Board that while they may wish to make a recommendation for a Solicitor for the Zoning Hearing Board, it is the Zoning Hearing Board that appoints its own Solicitor. Supervisor Birch stated that it was his understanding that the Zoning Hearing Board was recommending that Joseph Walsh become its Solicitor. Supervisor Sarosky announced his opposition to the Zoning Hearing Board recommendation of Joseph Walsh as Solicitor. Mr. Bartle informed the Board that they appoint the members of the Zoning Hearing Board. The Board will wait for candidate recommendations from the Zoning Hearing Board.
Under public comment, John Blasko of 134 Mallard Drive indicated that he had previously provided copies of reports regarding the Disc Golf Course and that he wanted to provide an additional report which he requested that the Board read and consider before taking any further action. Mr. Blasko distributed a document to the five Board members. George Tradewell of 104 Bettys Avenue and owner of AAA Automotive indicated that he feels like he is being mistreated by the Township. Mr. Tradewell would like to participate in the towing operations of the Township. Previously an ordinance was drafted and Mr. Tradewell and Mr. Carr, another towing operator in the Township, requested that they be allowed to give input to the ordinance before it was passed as they felt it was not acceptable. The Board turned the matter over to the Chief of Police and no meeting has occurred, according to Mr. Tradewell. Mr. Tradewell indicated that he felt that he was being denied an opportunity. Mr. Tradewell asked that someone of neutrality be appointed on behalf of the Township to hold a meeting to discuss the issues. Chief Brady indicated that he asked both Mr. Tradewell and Mr. Carr to respond in writing with their comments and to date that has not happened. Chairman Prousi offered to hold a meeting with Mr. Tradewell and a Police Department Highway Safety Officer to discuss the issues.
Pam Gural Bear updated the Board on the status of the Horsham Road widening and acquisition of the necessary right-of-way. The Township will be offering a portion of the property on the corner of Horsham Road and Upper State Road. This property was originally owned by the Sewer Authority and recently deeded over to the Township. Resolution #5 unanimously authorized the deeding of the parcel located at Upper State and Horsham Roads to PennDOT.
In addition, there are 17 properties along Horsham Road, between General Hancock Boulevard and North Wales Road, that Montgomery Township obtained appraisals for. Fourteen of the seventeen property owners have deeded their parcels of land to PennDOT. Township staff has been diligently working and negotiating with property owners for the right of way needed. Unfortunately, three property owners are unwilling to agree to the right of way takings. Due to the timeline of the project, it is recommended that the Board of Supervisors enter into condemnation proceedings. It is anticipated that the Township may be able to settle these properties prior to condemnation. One property owner, Mr. Archibald, does not want a sidewalk installed in front of his property as it will diminish the historic nature of the property. Matt Johnston of Pennoni Associates made a brief presentation that indicated the sidewalk is necessary for ADA compliance and also that the right of way is not within the historic parameters of the property. Resolutions #6, #7 and #8 unanimously authorized condemnation proceedings for the properties located at 945 Horsham Road, 953 Horsham Road and 0 Horsham Road (R.D. Management).
The Northern Montgomery County Recycling Commission has advised participating municipalities to further amend the originally proposed leaf waste ordinance amendments, which provides the process for encouraging recycling of municipal waste, including provisions for reporting recycling activities and for enforcement of the recycling program. Resolution #9 unanimously approved Ordinance #07-229, amending Ordinance #07-218, Recycling Ordinance.
Under the consent agenda, the minutes of the meeting for January 7th and January 22, 2008, and the payment of bills were approved as submitted. Resolution #10 awarded the bid for the mechanical construction portion of the Stump Road Fire Station Renovation and Addition project to B&E Energy Group at a cost of $145,000. Resolution #11 authorized the contractors of the Stump Road Fire Station to proceed with the project. Resolution #12 authorized the process for the Stump Road Fire Station Change Order approvals. Resolution #13 authorized the contract for the Environmental Inspection of the Stump Road Fire Station Renovation. Resolution #14 approved the 2007 Fourth Quarter Budget Amendments. Resolutions #15 and #16 authorized the escrow releases for Steever Manor and Gateway Commercial Center. Resolution #17 approved the waiver request of application fee for the Horsham Road Properties application. Resolution #18 authorized the Township Manager to advertise for a public hearing for proposed Ordinance #08-230Z - Business Professional Text Amendment on March 24, 2008. Resolution #19 authorized the Township Manager to advertise for a public hearing for proposed Ordinance #08-231Z - Rezoning - Horsham Road Properties on March 24, 2008. Resolution #20 approved the Authorization for Disposition of Records. Resolution #21 authorized the Township Manager to advertise for bids for the Montgomery Woods Storm Drainage Project and Resolution #22 authorized the Township Manager to advertise the bids for the Annual Public Works Rentals, Materials and Services. Resolution #23 approved the City of Harrisburg Cooperative Contract. Resolution #24 approved the State Fire Commissioners Volunteer Fire Company Grant. Resolution #25 approved the PIMCO Short Term Bond Fund for the Police Pension Investments. All consent agenda resolutions were approved unanimously.
At 8:53 p.m., the Board adjourned to an executive session to discuss matters of personnel.
At 9:20 p.m., Chairman Prousi reconvened the regular meeting and announced that the Board had discussions concerning allegations of misconduct regarding one of our Police Officers. Supervisor Sarosky made a motion that pursuant to the Police Tenure Act, the Board vote to suspend Officer Maria Lesinski for five days without pay for Neglect of Official Duties and Conduct Unbecoming an Officer. Supervisor Birch seconded the motion. There was no discussion. The Board voted unanimously and the motion passed.
There being no further business, the meeting was adjourned at 9:22 p.m.