MINUTES OF MEETING
MAY 14, 2012
Vice Chairman Joseph Walsh called the executive session to order at 7:00 p.m. In attendance were Supervisors Robert Birch and Michael Fox. Chairman Candyce Fluehr Chimera and Supervisor Jeffrey McDonnell were absent. Also in attendance were Lawrence Gregan and Frank R. Bartle, Esquire. Three matters of litigation and matters of potential litigation were discussed.
Vice Chairman Joseph Walsh called the regular action meeting to order at 8:00 p.m. In attendance were Supervisors Robert Birch and Michael Fox. Chairman Candyce Fluehr Chimera and Supervisor Jeffrey McDonnell were absent. Also in attendance were Frank R. Bartle, Esquire, Lawrence Gregan, Richard Brady, Scott Bendig, Bruce Shoupe, Kevin Costello, Shannon Drosnock, Rick Lesniak, Ann Shade, Stacy Crandell, Rich Grier and Shirley Snyder.
Following the Pledge of Allegiance, Vice Chairman Walsh 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 7:00 p.m. Mr. Bartle reported that there were three matters of litigation discussed, including the Zoning Hearing Board cases for 1314 Lansdale Avenue and 17 Avondale Road, and the Zehr Condemnation, which is before the Pennsylvania Commonwealth Court. Also discussed was a matter of potential litigation concerning the Montgomery County TCC. Mr. Bartle reported that all of these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Vice Chairman Joseph Walsh made a motion to approve the minutes of the April 23, 2012 Board meeting and Supervisor Michael Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Chief of Police, Richard Brady introduced the newest Police Dispatcher, Brook Semmeles. Ms. Semmeles graduated from Parkland High School in the Allentown area and earned 113 college credits in the field of Emergency Management. She has also served as a firefighter with the Schnecksville, PA Fire Department and is currently a field team leader with Valley Search and Rescue having served with them since 2008. Resolution #1, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, recognized and welcomed Brook Semmeles to the position of Dispatcher with the Montgomery Township Police Department, effective May 4, 2012.
Chief of Police, Richard Brady presented summaries of recent outstanding police work by several members of the Montgomery Township Police Department, and presented Canine Officer Daniel Rose, Detective Edward Davies, Detective John McGready, Officer Brian Gerrard and Officer Michael Jenkins with Letters of Official Commendations for their actions in these incidents. Resolution #2, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, recognized and commended Canine Officer Daniel Rose, Officer Brian Gerrard, Detective Edward Davies, Detective John McGready, Officer Lee Wagner and Officer Michael Jenkins for their outstanding efforts in providing for the safety and well being of the citizens of Montgomery Township.
Chief Richard Brady reported that in 1962 President Kennedy proclaimed May 15th as National Peace Officers Memorial Day and the calendar week in which May 15th falls, as National Law Enforcement Week to pay special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. National Law Enforcement Week in Montgomery Township will be recognized with a special celebration on Saturday, May 19, 2012 at Montgomery Mall from 10:00 a.m. to 4:00 p.m. Officer James Matlack has organized and coordinated this event. Activities will include: K-9 Demonstrations; Juvenile Fingerprinting; Central Montgomery County SWAT; Montgomery Township Highway Safety; Child Safety Seat Information; Pennsylvania State Representative Todd Stephens Office; Laurel House Information; Montgomery County Detectives (Internet Safety Information) and Volunteer Medical Service Corps. Resolution #3, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, recognized National Law Enforcement Week from May 14 to May 19, 2012 with a special celebration to be held at Montgomery Mall on Saturday, May 19, 2012.
Public Works Director, Kevin Costello, reported that the week of May 20 through May 26, 2012 is being celebrated as National Public Works Week. The theme for this year is "Public Works, Creating a Lasting Impression". The theme speaks to the efforts of the Public Works professionals to create sustainable solutions to bring their communities the highest possible quality of life within a framework of environmental, social and economic responsibility. Resolution #4, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and unanimously adopted, recognized the week of May 20 through May 26, 2012 as National Public Works Week and extended appreciation to the fine men and women of the Montgomery Township Public Works Department for their efforts on behalf of the residents and visitors of Montgomery Township.
Director of Public Works, Kevin Costello, reported that the Board of Supervisors previously approved the use of Municibid, an online government auction platform designed for government agencies, to more effectively sell surplus and other no longer needed items. The Public Works Department has a 1997 Crafco Super Shot Tar Kettle that is surplus and proposes to sell this asset through Municibid. Resolution #5, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, authorized the sale of a 1997 Crafco Super Shot Tar Kettle via electronic public auction through Municibid.
Director of Fire Services, Richard Lesniak, requested consideration for Firefighter Robert Hedden to attend two Out of State training courses. Firefighter Hedden holds two certifications in the State of Pennsylvania, and to maintain his certifications, is requesting permission to attend these courses. Resolution #6, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch, and adopted unanimously, approved the training request of Firefighter Robert Hedden to attend two Out of State training courses, hosted by the New Jersey Center for Government Services.
Director of Planning and Zoning, Bruce Shoupe reported that the Township has received a request from Karen Martinkovic of 406 Ascot Court requesting that the Board of Supervisors reconsider and reverse their decision to naturalize a stormwater basin abutting her property. Supervisor Fox reported that the Township's program to naturalize basins serves an important role in the environment and recommended that this matter be forwarded to the Shade Tree Commission for their consideration and recommendation before being considered by the Board. Township Manager, Lawrence Gregan, reported that the Township utilizes the services of an independent third party contractor to perform the plan review and inspection of building construction in accordance with the requirements of the Uniform Construction Code and applicable regulations of the Township. Boucher and James, Inc. has submitted a proposal to provide these services to Montgomery Township at an hourly rates basis of $55.00 per hour. Boucher and James, Inc. currently serves as the building inspector of the Staybridge Suites Hotel project which is currently under construction. Resolution #7, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch, and adopted unanimously, accepted and authorized the execution of the proposal from Boucher and James, Inc. to perform Building Plan Review and Inspection Services for Montgomery Township as required in accordance with the Uniform Construction Code and applicable regulations of the Township.
Lawrence Gregan reported that The Mall at Montgomeryville, L.P. has submitted a Land Development application and plans proposing an expansion of the Mall to provide a pad-site for future development of a Wegmans store. Since the Land Development Plan has not yet been approved by the Township, the Developer is requesting approval to proceed with the construction of the pad site at its own risk. To insure that the public improvements will be constructed in accordance with the requirements of the Township's Land Development Codes and to provide for appropriate Township inspection of the public improvements as they are installed, a Security Agreement is proposed for execution between the Developer and the Township. Resolution #8, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, authorized the execution of the Security Agreement for the Montgomery Mall Expansion with the Mall at Montgomeryville, L.P. by the appropriate Township Officials.
Bruce Shoupe reported that due to the proposed expansion at Montgomery Mall, property owned by the Mall fronting along North Wales Road is proposed to be rezoned from R-2 Residential to RS Regional Shopping Center. This Proposed Ordinance has been reviewed by the Township Planning Commission and recommended for approval. Resolution #9, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch, and adopted unanimously, set Monday, June 25, 2012 after 8:00 p.m. in the Township building as the date, time and place for a Public Hearing to consider Proposed Ordinance #12-258Z.
Bruce Shoupe reported that in conjunction with the proposed development of the Wegeman's store, amendments are being proposed to the lot area, building coverage, parking and accessory use requirements of the RS- Regional Shopping Center District. This Proposed Ordinance has been reviewed by the Township Planning Commission and recommended for approval. Resolution #10, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch, and adopted unanimously, set Monday, June 25, 2012 after 8:00 p.m. in the Township Building as the date, time and place for a Public Hearing to consider Proposed Ordinance #12-259Z, to amend lot area, building coverage, parking and accessory use requirements for RS-Regional Shopping Center.
Chief Brady reported that based on a complaint from the Montgomery Glen Homeowners Association, the Police Department is recommending the addition of No Parking restrictions on portions of Montgomery Glen Drive. Resolution #11, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, authorized the advertisement of Proposed ordinance #12-260 Stopping, Standing and Parking Restrictions - Montgomery Glen Drive for consideration for adoption at the Board of Supervisors meeting to be held on Tuesday, May 29, 2012 after 8:00 p.m. in the Township Building.
Lawrence Gregan reported that Montgomery Township is required to submit A Notice of Intent (NOI) to renew its MS4 stormwater discharge permit six months prior to the expiration date of its current permit, which expires on March 14, 2012. Russ Dunlevy. P.E. and Karyn Hyland. P.E. of Gilmore & Associates, Inc. were present to provide additional information and the steps that need to be taken by the Township in order to comply with the MS4 Stormwater regulations being implemented with the renewal. Gilmore & Associates has prepared a proposal dated April 25, 2012, outlining the costs and steps needed to prepare the required Notice of Intent (NOI). Supervisor Michael Fox, who serves on the Stormwater Coalition stated that the new regulations and requirements are strict and compliance would be difficult and expensive for the Township. Resolution #12, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized Township Engineer Gilmore & Associates to proceed with the preparation of the MS4 Notice of Intent in accordance with their proposal and budget estimate dated April 25, 2012 at a projected cost of $33,500.
Lawrence Gregan reported that with the acquisition of the former Montgomery Office Park property at Stump & Horsham Roads, the Township assumed the responsibility to maintain the erosion and sediment controls on the site until such time as the site is fully stabilized. The permit is still valid until April 2013, and may be eligible to be extended. In order to stabilize the property and remain in compliance with the approved erosion and sedimentation control plan, Gilmore & Associates conducted a survey of the property to develop recommendations for site stabilization work. To implement the recommended site stabilization work, an estimate of $18,900 was obtained from P.K. Moyer & Sons based on the Township's equipment and labor contract. A separate estimate was obtained from Derstine Landscape Design and Build, in the amount of $7,875 to hydro-seed the site after completion of the grading work. Resolution #13, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, authorized staff to proceed with the site stabilization/grading work of the Recreation/Community Center site through P.K. Moyer at a cost of $18,900 and hydro-seeding work through Derstine Landscape Design and Build with their proposal dated April 17, 2012 at an estimated cost of $7,875.
Director of Finance, Shannon Drosnock, reported that the Township anticipates making expenditures related to its plan to construct a Multi-Purpose Recreation/Community Center at the newly acquired property on Stump Road at Horsham Road. Ms. Drosnock stated that anticipated expenditures would include, but not be limited to: architectural fees, engineering fees and legal fees. These expenses will be charged to the Capital Reserve Fund's Designated Reserve for the Recreation/Community Center, and recommended adoption of a Reimbursement Resolution that will allow the Township to recover any such expenditures from the proceed of any future borrowing for this project. Resolution #14, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the Resolution allowing the Capital Reserve Fund to be reimbursed for preliminary expenses related to the renovation of the property at 1030 Horsham Road as a Community/Recreation Center from funds obtained from any taxable or tax exempt financing of the project.
Bruce Shoupe reported that the past policy of the Board of Supervisors has been to waive permit fees for non-profit and religious organizations. The Township has received a request from the Montgomery United Soccer Club to waive the permit fee of $100 for their Special Event to be held on May 19 and May 20, 2012, at The William F. Maule Park at Windlestrae. Resolution #15, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the waiver of the permit fee for the Montgomery United Soccer Club Special Event to be held at William F. Maule Park at Windlestrae on May 19 and May 20, 2012.
Lawrence Gregan provided background on the Route 202 Parkway, stating that after nearly 50 years in the planning, the completion of the nine mile long Route 202 Parkway between Route 63 (Welsh Road) in Montgomery Township and Route 611 in Doylestown Township is nearing completion. Opening of the Parkway is scheduled for this fall and planning is underway for events to commemorate the opening. During the planning and construction of this project, efforts were made to retain the scenic, historic, recreational and natural characteristics along the roadway. Municipalities along the route of the Parkway have expressed support for a request to designate the roadway as a "scenic byway", thus prohibiting the placement of outdoor advertising, either within 660 feet of the Parkway's right of way or within view of the Parkway. Staff is recommending that the Board authorize sending a letter to State Senator Stewart Greenleaf and State Representative Todd Stephens requesting their support of this effort. Resolution #16, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized sending a letter to State Representative Todd Stephens and State Senator Stewart Greenleaf respectfully requesting that they sponsor and support a Bill to amend Title 74 of the Transportation Code to designate the nine mile portion of the 202 Parkway through Montgomery County and Bucks County as a "scenic byway".
Vice Chairman Joseph Walsh made a motion to approve the payment of bills. Supervisor Robert Birch seconded the motion. The payment of bills was unanimously approved as submitted.
Vice Chairman Joseph Walsh made a motion, Motion #17, that the Montgomery Township Board of Supervisors authorize the Township Solicitor to intervene and present the case on behalf of the Township in opposition to the requested relief for applicant Theresa Whetstone relating to property located at 1314 Lansdale Avenue. The motion was seconded by Supervisor Robert Birch and adopted unanimously.
Chief Richard Brady introduced Richard Gebelein who was present at this evening's meeting. Mr. Gebelein formerly served for 16 years on the Montgomery Township Board of Supervisors. Mr. Walsh welcomed Mr. Gebelein to the meeting and thanked him for his service to the community.
There being no further business to come before the Board, the meeting adjourned at 9:05 p.m.