MINUTES OF MEETING
SEPTEMBER 24, 2012
Chairman Candyce Fluehr Chimera called the executive session to order at 7:00 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Lawrence Gregan, Frank Bartle, Esquire, Ann Shade and Bruce Shoupe. Two personnel matters, one potential litigation matter and one litigation matter were discussed.
Chairman Candyce Fluehr Chimera called the regular action meeting to order at 8:01 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Acting Chief J. Scott Bendig, Kevin Costello, Bruce Shoupe, Shannon Drosnock, Ann Shade, Stacy Crandell, Richard Grier, Rick Lesniak, and Shirley Snyder.
Following the Pledge of Allegiance, Chairman Candyce Chimera called for public comment from the audience and there was none.
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 there were two personnel matters, one potential litigation matter and one litigation matter discussed. Mr. Bartle also reported that 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 August 22, 2012 Workshop meeting and the September 10, 2012 Board meeting, and Vice Chairman Joseph Walsh seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Township Manager Lawrence Gregan stated that Plymouth Township Police Officer Bradley Fox recently lost his life in the line of duty, while serving the residents of Plymouth Township. A fund has been opened for donations for the Fox children. Montgomery Township would like to support the Fox family with a donation to this fund. Resolution #1, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, approved the donation of $1,000 to the Bradley Fox Children's Fund.
Public Information Coordinator Stacy Crandell reported that the "It's Finally Done 5K Fun Run", hosted by Montgomery Township on Sunday, September 9, 2012 was well-attended with nearly 400 registered runners participating. The event was held on the 202 Parkway between Horsham Road and County Line Road. The proceeds of the 5K run, a check in the amount of $7,219.24, was presented to Cheryl Pompeo, Senior Director of Special Events for the Arthritis Foundation to be used to help fund the Juvenile Rheumatoid Arthritis Camp Program. Special thanks were given to all who participated in the event including sponsors, runners and volunteers.
Director of Finance Shannon Drosnock reported that Act 205, Section 304 requires that the Chief Administrative Officer for Montgomery Township submit the Minimum Municipal Obligation (MMO) for the upcoming budget year to the Board on or before the last business day in September. The MMO is the calculated funding obligation to the Township's Police and Non-Uniform Employee Pension Plans. Resolution #2 made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, accepted the 2013 MMO for the Montgomery Township Police Pension Fund in the amount of $626,570 and the 2013 MMO for the Montgomery Township Non-Uniform Employee Pension Fund in the amount of $240,671.
Shannon Drosnock stated that each year the Board of Supervisors and the Township staff participate in budget workshop sessions during the month of October, in preparation for the consideration of the preliminary adoption of the 2013 budget on Monday, November 12, 2012. Ms. Drosnock listed four available dates for these budget workshop sessions. Resolution #3 made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized the advertisement for public meetings for the 2013 Budget Workshops to be held on the following dates: Monday, October 15, 2012; Tuesday, October 16, 2012; Wednesday, October 24, 2012; and Monday, October 29, 2012 beginning at 7:00 p.m. each evening.
Township Manager Lawrence Gregan reported that Montgomery Township continues to assume a leadership role in the Commonwealth of Pennsylvania with regard to the EPA and DEP stormwater regulations. In August 2010, the Township agreed to participate in a Cost-Sharing and Cooperation Agreement to fund the activities of the Coalition. The coalition is presently seeking commitments from the fifty six participating municipalities to extend this agreement. The Coalition's membership serves municipalities as far away as Berks County. Supervisor Michael Fox serves as the Chairman of the Stormwater Coalition and has been instrumental in the continuing successes of the Coalition and securing the recognition of multiple levels of state and federal government agencies. Resolution #4 made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, authorized the Township's continued participation in the Pennsylvania Stormwater Coalition and payment of the 2012-2013 budget share in the amount of $1,730.93.
Lawrence Gregan reported that in January 2012, the Board authorized the Township Traffic Engineer to conduct a traffic study related to a citizen request for a dedicated left turn arrow at the signalized intersection of Upper State Road and Westgate Drive/Mary Mother of the Redeemer (MMR) driveway. Based on the results of the traffic study, PennDOT has determined that a dedicated left turn arrow is warranted at this location. The estimated cost for installation of the improvements is $5.5K with an additional $1.5K to prepare the revised permit plans. Public Works Director Kevin Costello stated that the project should be completed at a cost less than the Engineers estimated cost. Resolution #5 made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, authorized the Traffic Engineer to prepare revised a Traffic Signal Permit Plan to provide for a dedicated left turn arrow phase for northbound Upper State Road at the intersection with Westgate Drive/Mary Mother of the Redeemer (MMR) driveway and for the Public Works Department to proceed with the installation of equipment and modification of the signal timing per the approved Traffic Signal Permit Plan.
Lawrence Gregan stated that a basin, located in a drainage easement area across four private lots that front on Mallard Drive and Heron Court has experienced a sediment build-up which is causing a blockage of water flow through the basin. The Township Engineer recommends corrective action to restore positive drainage through the basin by re-grading the sediment and performing repairs to the outlet control structure and berm. Resolution #6 made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, authorized the repairs to the Mallard Drive/Heron Court stormwater basin and outfall structure/berm per the Township Engineers plan subject to a maximum cost of $17,570.
Bruce Shoup, Director of Planning & Zoning, reported that in 2009 Montgomery Township began naturalizing the basins owned and maintained by the Township. The Shade Tree Commission has researched the benefits of naturalizing these basins and has identified additional basins to be entered into the Basin Naturalization Program. Supervisor Michael Fox stated that with the naturalization of these additional basins, half of the basins in the Township will be included in this program. Boucher and James, Inc. have reviewed the eighteen basins that were previously naturalized and they are performing well. Mr. Shoupe stated that a letter will be sent to the residents who reside near these designated basins advising them that the basins will become part of the Naturalized Basin Program. Resolution #7 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously approved the addition of sixteen basins to be returned to a natural state, transforming them into a natural ecosystem capable of providing habitat, improving the water quality and providing aesthetic value. The Board also authorized the mailing of a letter to residents located near the basins and the installation of a sign at each basin location.
Bruce Shoupe reported that Boy Scout Troop #399 has requested a waiver of the permit fee to construct a shed. The past policy of the Board has been to waive permit fees for non-profit and religious organizations. Resolution #8 made by Supervisor Robert Birch, seconded by Vice Chairman Joseph Walsh and unanimously adopted, approved the request of Boy Scout Troop #399 to waive the permit fee of $104.00 for the building of a shed.
Bruce Shoupe reported that a request for final construction escrow release for Dick's Sporting Goods Store at Montgomery Mall has been received. Resolution #9 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch, and adopted unanimously, authorized the release of $5,810.00, minus $419.67 owed to the Township for inspection fees, for a total escrow release of $5,390.33, which will deplete this escrow account.
Bruce Shoupe reported that an application for consideration of a Conditional Use for 101 Commerce Drive has been received. The applicant, Undefined Athletics, LLC proposed to utilize space in the LI-Limited Industrial District for a Fitness Center. This use is permitted in a Limited Industrial District by Conditional Use. Resolution #10 made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh, and adopted unanimously set Monday, November 12, 2012 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 Undefined Athletics, LLC.
Deputy Chief J. Scott Bendig reported that the Montgomery Township Police Department previously entered into a cooperative agreement with other Montgomery County Police Departments to participate in the Central Montgomery County Special Weapons and Tactics (CMSWAT) Team. Montgomery Township currently has two officers assigned to CMSWAT, Officer Andrew Benner and Officer Joseph McGuigan. The annual CMSWAT training is scheduled for October 9, 2012 through October 11, 2012 at Fort Dix, New Jersey. CMSWAT pays the full cost of this training. Resolution #11 made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the request for Officers Andrew Benner and Joseph McGuigan to attend CMSWAT annual training at Fort Dix, New Jersey from October 9, 2012 through October 11, 2012.
Director of Fire Services Rick Lesniak reported that Ladder 18 is in need of repairs to the lower waterway assembly. Estimates to make the necessary repairs were obtained and ranged in cost from $1,944.00, cost to re-weld the unit, to $15,144.00 to replace the lower waterway assembly and test said equipment. Based on the fact that Ladder 18 is expected to serve Montgomery Township for at least the next ten years, it is recommended that the lower waterway assembly be replaced. Resolution #12 made by Supervisor Robert Birch, seconded by Supervisor Michael Fox, and adopted unanimously approved the proposal dated September 11, 2012 from Bergey's Fire Equipment of Souderton, PA to replace the whole lower waterway assembly on Ladder 18 for a cost of $14,186.60.
Chairman Candyce Fluehr 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.
Township Manager Lawrence Gregan stated that this evening the Board will be considering the appointment of the 4th Chief of Police in the history of Montgomery Township. Chief Richard J. Brady's formal retirement will be effective September 30, 2012. The Board is being asked to consider the appointment of Deputy Chief J. Scott Bendig to serve as the Chief of Police for Montgomery Township effective October 1, 2012. J. Scott Bendig was hired as a Patrol Officer in July 1989. During his twenty three year career in the Police Department, he has served as a Canine Handler and DARE Instructor and Field Training Officer. He was promoted to the rank of Corporal in June 2000, to the rank of Sergeant in June 2002, and to the rank of Deputy Chief of Police on August 9, 2010. He has been serving as the Acting Chief of Police since July 23, 2012. Deputy Chief Bendig has a Bachelor's Degree in Criminal Justice from Temple University and a Master's Degree in Criminal Justice from West Chester University. He attended the FBI National Academy, 216th Session in 2004. He is married and has two children. Deputy Chief Bendig brings a wealth of knowledge, management skills and abilities to the Police Department that will well serve the Police Department, the township and the residents of Montgomery Township. Resolution #13 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch, and adopted unanimously, appointed J. Scott Bendig as the Chief of Police of Montgomery Township, effective October 1, 2012. Each member of the Board expressed their appreciation to Deputy Chief Bendig for his career accomplishments and congratulated him on his promotion to Chief of Police with Montgomery Township. Newly appointed Chief of Police J. Scott Bendig thanked his wife, children, family members, Chief Richard Brady, retired Lieutenants Gordon Simes and Mark Houghtaling, the Board of Supervisors, Township Manager Lawrence Gregan, all his friends in law enforcement, his co-workers and his training officer, the late Ward Thomas for all their support over the years.
Under other business, Chairman Candyce Fluehr Chimera made a motion, Motion #14, that the Board of Supervisors authorize the Township Solicitor to enter his appearance at the Montgomery Township Zoning Hearing Board matter regarding 112 Embassy Drive and present the case of the Township in opposition to the application as it applies to the proposed swimming pool. The motion was seconded by Vice Chairman Joseph Walsh and adopted unanimously.
There being no further business to come before the Board, the meeting adjourned at 8:52 p.m.
A reception was held at the conclusion of the meeting to honor and congratulate J. Scott Bendig on his promotion to Chief of Police with Montgomery Township.