MINUTES OF MEETING
JULY 23, 2012
Chairman Candyce Fluehr Chimera called the executive session to order at 7:00 p.m. In attendance were Supervisors Robert Birch, Jeffrey McDonnell and Joseph Walsh. Supervisor Michael Fox was absent. Also in attendance were Lawrence Gregan, Frank R. Bartle, Esquire, Robert Brandt, Esquire and Douglas Blazey, Esquire. One personnel matter and one litigation matter were discussed.
Chairman Candyce Fluehr Chimera called the regular action meeting to order at 8:10 p.m. In attendance were Supervisors Robert Birch, Jeffrey McDonnell and Joseph Walsh. Supervisor Michael Fox was absent. Also in attendance were Frank R. Bartle, Esquire, Lawrence Gregan, Deputy Chief Scott Bendig, Kevin Costello, Bruce Shoupe, Richard Lesniak, Shannon Drosnock, Stacy Crandell and Deborah Rivas.
Following the Pledge of Allegiance, Chairman Candyce Chimera called for public comment from the audience. Under public comment, Ken Hughes, a resident of the Township for 42 years, commented on the use of the proposed community recreation center. Mr. Hughes stated that the Township really needed a swimming pool because the Township residents need to go elsewhere to swim. Mr. Hughes said that a library would be outdated and there is no need for additional meeting room space. Mr. Hughes concluded that a pool would be the best thing for the Township as it would be self-sustaining.
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 was one matter involving labor negotiations and one litigation matter involving the Zehr Tract Condemnation which is currently in the Pennsylvania Commonwealth Court. Mr. Bartle reported that all of these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Chairman Candyce Chimera made a motion to approve the minutes of the July 9, 2012 Board meeting and July 10, 2012 Workshop meeting, and Supervisor Joseph Walsh seconded the motion. The minutes of the meetings were unanimously approved as submitted.
Chairman Candyce Chimera reported that Chief Richard Brady is currently on leave and will formally retire from the Police Department on October 1, 2012. During this interim period, Deputy Chief Bendig will serve as the Acting Chief of Police. Resolution #1, made by Supervisor Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, appointed J. Scott Bendig to the position of Acting Chief of Police effective July 13, 2012.
Chairman Candyce Chimera noted that each year the Board of Supervisors present donation checks to various community organizations. During this meeting the Board presented a $1,500 check to Richard Cirko, who represented the Visiting Nurses Community Association, a $3,000 check to Robin Burstein, representing The PEAK Center, a $9,000 check to Kathleen Arnold-Yerger, representing the Montgomery County-Norristown Public Library, and a $6,000 check to Richard Roller, representing the Montgomery Township Historical Society. All of these community organizations provide benefits directly to the residents of Montgomery Township.
Chairman Candyce Chimera opened the public hearing for a proposed Amendment to the Billboard Overlay District Ordinance - Ordinance #12-257Z. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Frank Bartle introduced the proposed amendment and read the legal advertisement into the record. Director of Planning Bruce Shoupe reported that the amendment would change the current regulations regarding electronic billboards to allow the minimum pixel pitch standard to be increased from 12 millimeters to 20 millimeters. Vice Chairman Joseph Walsh stated that when the Township revised its ordinance to provide for digital billboards, the Board was made aware that the minimum pixel pitch standard stated in the ordinance was not standard in the industry and could be viewed as overly restrictive. There was no public comment. The public hearing was closed at 8:35 p.m. Resolution #2, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell, and adopted unanimously, approved Ordinance #12-257Z - amending the BLI - Billboard Overlay District Ordinance Regulations.
Finance Director Shannon Drosnock presented the Second Quarter 2012 Budget Report. Ms. Drosnock reported that the Township has received $7.685M of the general fund revenues budgeted in the second quarter. These revenues were 4.9% higher as compared to revenues received during the 2nd Quarter 2011. In addition, expenditures during the 2nd Quarter 2012 were $4.407M, which was 3.4% higher than the $4.25M in expenditures during the 2nd Quarter 2011. Ms. Drosnock reported that a majority of the increase in expenditures is directly related to services rendered for the increased revenues, such as building inspection expenses offset by permit revenues.
Finance Director Shannon Drosnock reported that a budget amendment is required for internal and external reporting purposes and for proper budgetary control. In the fourth quarter of 2011, the Township purchased a five acre parcel of land for open space located at 1237 Stump Road with funds designated in the Capital Reserve Fund. In March of 2012, the Township purchased land directly adjacent to the Township Building at the corner of Stump and Horsham Roads, also with funds designated in the Capital Reserve Fund. During this time, the Township passed an Ordinance to increase the indebtedness of the Township and passed a reimbursement resolution allowing the Township to reimburse itself for funds spent on the projects related to open space and the construction of a Community/Recreation Center. The Township secured a loan in the amount of $5.5M from Univest Bank for the reimbursement process. Ms. Drosnock reported that three amendments are needed to accurately reflect the acquisitions of land and the loan borrowings. In addition, in May and June of 2012, the Board authorized site stabilization work for the parcel at Stump and Horsham Roads, requiring a budget amendment for expenditures related to this project in 2012. Resolution #3, made by Supervisor Robert Birch, seconded by Vice Chairman Joseph Walsh and adopted unanimously, approved the 2012 2nd Quarter Budget Amendments to the Debt Service Fund and the Capital Fund.
Director of Planning and Zoning Bruce Shoupe reported that the David Cutler Development had previously presented a proposal for site plan revisions to the approved land development plans for the Montgomery Walk/Enclave at Montgomery development located at Hartman Road and Route 309. The proposed revisions would increase the number of dwelling units by 52, increase the percentage of units that are age restricted from 50% to 64%, reduce the complementary commercial area from 5 acres to approximately one acre and reduce the area of public roadways to be dedicated to the Township. Mr. Shoupe reported that this proposal will require amendments to the R3B District provisions of the Zoning Code. Resolution #4, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, authorized Monday, August 27, 2012 as the date for a Public Hearing to consider the proposed amendments to the R3B Zoning District Ordinance.
Director of Planning and Zoning Bruce Shoupe reported that an application was received for a transfer of a liquor license for the new Bonefish Grill Restaurant proposed to be opened at Airport Square Shopping Center. Mr. Shoupe reported that it is required that a public hearing be held on this application. Resolution #5, made by Supervisor Jeffrey McDonnell, seconded by Vice Chairman Joseph Walsh and adopted unanimously, authorized Monday, August 27, 2012 as the date for a Public Hearing for an Intermunicipal Liquor License Transfer for the new Bonefish Grill Restaurant at the Airport Square Shopping Center.
Director of Planning and Zoning Bruce Shoupe reported that Patient First has submitted a Preliminary/Final Land Development Plan to redevelop the existing La-Z-Boy Furniture store at 713 Bethlehem Pike for medical office use. The plan proposes re-use of the existing one-story building and expand the parking facility adjacent to Route 309 to accommodate seven additional parking spaces. Mr. Shoupe reported that Township staff and consultants have reviewed this plan for compliance with Township codes and the waivers have been recommended for approval. Resolution #6, made by Vice Chairman Joseph Walsh and seconded by Supervisor Robert Birch and adopted unanimously, approved the Preliminary/Final Land Development Plan for Patient First at 713 Bethlehem Pike.
Director of Planning and Zoning Bruce Shoupe reported that Horvath Sign Contracting, Inc., has submitted a Preliminary/Final Land Development Plan to redevelop the existing buildings at 1105 Bethlehem Pike for an office/warehouse use. The plan proposes demolition of a portion of the existing non-conforming building. The site will continue to be served by onsite water and sewer. Township staff and consultants have reviewed this plan for compliance with Township codes and the waivers have been recommended for approval. Resolution #7, made by Vice Chairman Joseph Walsh and seconded by Supervisor Robert Birch and adopted unanimously, approved the Preliminary/Final Land Development Plan for Horvath Sign Contracting, Inc.
Director of Planning Bruce Shoupe reported that a request was received for a waiver of the land development from Gemalto for construction of a modular building to be located adjacent to their existing building at 106 Park Drive. The proposed 2,922 square foot modular building would be constructed adjacent to the northwest corner of the existing building and would include a loading dock and ADA access ramp. James McGarrity, Esquire, representing Gemalto, stated that it was agreed that the building would only be placed onsite for a maximum of four years and then moved elsewhere by the company. There was a concern expressed that the pre-fabricated building may not comply with the Township's building codes. Mr. Shoupe reported that the plans for the building are currently being reviewed by the International Code Council. Resolution #8 made by Vice Chairman Joseph Walsh, seconded by Chairman Candyce Chimera, and adopted unanimously, approved the waiver of land development for Gemalto, with the conditions as outlined in the approval resolution.
Director of Planning and Zoning Bruce Shoupe reported that a request was received for a waiver of the land development process from Bonefish Grill to be located at 27 Airport Square Shopping Center. Mr. Shoupe reported that the Bonefish Grill will be converting the existing Friendly's Restaurant building and that as part of the conversion, the addition of an outdoor waiting area at the front of the building, a 540 square foot outdoor patio/lounge area at the side of the building, and a storage/freezer area to the rear of the building are being proposed. Resolution #9, made by Supervisor Robert Birch and seconded by Vice Chairman Joseph Walsh and adopted unanimously, approved the waiver of land development for Bonefish Grill at 27 Airport Square Shopping Center.
Director of Planning and Zoning Bruce Shoupe reported that the Montgomery Mall expansion for the Wegman's Supermarket will require a change in the DEP Sewage Facilities Planning Module due to the change in the use of the building and an increase in sewer flows. Resolution #10, made by Supervisor Jeffrey McDonnell, seconded by Supervisor Robert Birch and adopted unanimously, approved the DEP Sewage Facilities Planning Module for the Montgomery Mall Expansion for Wegman's Supermarket.
Director of Planning and Zoning Bruce Shoupe reported that the Township has received a request from Keystone Community Fellowship Church to waive the $75 permit fee for construction of a storage shed on their property at 427 Stump Road. Mr. Shoupe stated that in the past, it has been the policy of the Board of Supervisors to waive application and permit fees for non-profit and religious organizations. Resolution #11, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch, and adopted unanimously, approved the request of Keystone Community Fellowship Church to waive the $75 permit fee for construction of a storage shed.
Director of Planning and Zoning Bruce Shoupe reported that the Township has received requests for escrow releases from the Cutler Group for LDS 651 Montgomery Pointe Phase I and Phase IIA Developments. These releases have been reviewed and recommend by the Township Engineer. Resolutions #12 & 13, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch, and adopted unanimously, authorized the release of $56,807.75 from the Montgomery Pointe Phase I project escrow and $10,478.40 from the Montgomery Pointe Phase IIA project escrow.
Chairman Candyce Chimera 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, Director of Fire Services Richard Lesniak reported that last year he had requested and received the Board's approval to submit an application to the federal government for a SAFER grant to hire two additional firefighters. Mr. Lesniak reported that while the Township's application was denied last year, feedback was received which would serve to be helpful for a new application. Mr. Lesniak requested approval to submit a new application for the 2012 grant cycle. Resolution #14, made by Supervisor Robert Birch, seconded by Vice Chairman Joseph Walsh, and adopted unanimously, approved the application for the fiscal year 2012 SAFER Grant by the Montgomery Township Department of Fire Services.
There being no further business to come before the Board, the meeting adjourned at 9:25 p.m.