MINUTES OF MEETING
OCTOBER 9, 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 and Frank Bartle, Esquire.
Chairman Candyce Fluehr Chimera called the regular action meeting to order at 8:05 p.m. In attendance were Supervisors Robert Birch, Jeffrey McDonnell and Joseph Walsh. Supervisor Michael Fox was absent. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief J. Scott Bendig, Kevin Costello, Bruce Shoupe, Shannon Drosnock, Ann Shade, Stacy Crandell, Sharon Tucker, Richard Grier and Deborah Rivas.
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 matters discussed. One matter involved an update on labor negotiations with the fire union and the other matter involved a potential litigation. 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 September 24, 2012 Board meeting, and Supervisor Robert Birch seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Township Manager Lawrence Gregan reported that the Township has received the annual allocation of Fire Relief funds from the Commonwealth of Pennsylvania, in the amount of $236,821.49. These funds are allocated to support the Volunteer Fire Relief Association of the volunteer fire company that serves the Township. David Wolfe, President of the Fire Department of Montgomery Township Fire Relief Association, was present to accept the check. Resolution #1, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, presented the $236,821.49 check from the Commonwealth of Pennsylvania to the FDMT Fire Relief Association.
Township Manager Lawrence Gregan introduced Matthew Palm and Robert Rhoads who recently joined the Volunteer Fire Department of Montgomery Township. Mr. Palm and Mr. Rhoads have been nominated by FDMT to be appointed as Special Fire Police Officers under the Pennsylvania State Fire Police Statute. Resolution #2, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, appointed Mr. Palm and Mr. Rhoads as Special Fire Police Officers. Both were sworn into the position by Chairman Chimera.
Township Manager Lawrence Gregan reported that the Department of Fire Services and the FDMT are requesting the Board's approval to submit applications through the PA State Fire Commissioner's Office's annual Volunteer Firefighter/Volunteer Ambulance Service Grant program. Each grant application will be approximately $15,000. The DFS intends to purchase additional personal protective equipment and the FDMT intends to purchase two new thermal imaging cameras. Resolution #3, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously granted approval to submit applications in the amount totaling $30,000.00.
Township Manager Lawrence Gregan reported that residents in the Montgomery Lea Development have submitted a letter to the Board of Supervisors regarding concerns that they have related to the County Line Road Widening Project SR 2038 WD2. Mark Lonkevych, representing the residents, provided a summary to the Board. Mr. Lonkeych reported that the resident's first concern was PennDOT's plan to not provide sound walls across the rear lot lines of eight Major Drive properties that also have frontage on County Line Road. The residents are requesting that the Township fully close the "emergency access area" located between Major Drive and County Line Road. Mr. Lonkeych reported that closing this access may allow their neighborhood to meet PennDot's criteria for installation of a sound wall. Chairman Candyce Chimera stated that this issue is a safety concern and she asked the Police Chief to respond. Chief Scott Bendig reported that he visited the site with the Director of Fire Services, Rick Lesniak. Chief Bendig stated that this access is required because it is the only secondary means of access available for fire vehicles if North Buckingham Road is blocked for any reason. Chief Bendig stated that the recommendation would be for the emergency access to remain. Mr. Lonkeych asked if it was possible to close the access with a temporary gate or give the impression that it is not an open access. He noted that vehicles often park on Major Drive and walk to the commercial establishments across the street. They leave litter on the emergency access area that is cleaned up by the neighbors. Vice Chairman Joseph Walsh asked Chief Bendig if it was possible to install No Parking signs in that location. Chief Bendig said he would look into it.
Mr. Lonkeych also reported that the residents' second concern is that the Township has requested PennDOT to install sidewalks along County Line Road from Kenas Road to Limekiln Pike and on Limekiln Pike from County Line Road to Westminster Road as part of this project. Chairman Candyce Chimera stated that this is a safety issue as well and that the Township has always promoted pedestrian friendly developments and studies show that sidewalks provide safety for pedestrians. Vice Chairman Joseph Walsh inquired if making these changes would have an impact on PennDOT's decision. Mr. Lonkeych reported that he was not sure and he understands that the Township has very little control over what happens with the County Line Road widening project. John Swoyer of 107 Major Drive stated that he was concerned about the sidewalk along the County Line frontage of their properites requiring residents to shovel the snow off the sidewalks which will be on the other side of their fences.
Mr. Lonkeych stated that another concern was the height and closeness of the road at the intersection of County Line Road and Limekiln Pike. Mr. Lonkeych said that the neighbors had made State Representative Todd Stephens and State Senator Stewart Greenleaf aware of the situation and they were shocked at how close and how high the road would be at that location without a sound wall to protect the residents. He stated that Rep. Stephens and Sen. Greenleaf have asked PennDOT to repeat a noise study in that area. Vice Chairman Joseph Walsh stated that the residents had legitimate concerns and that the Township will do what it can to help. Vice Chairman Walsh said that he would speak with Rep. Stephens and Sen. Greenleaf. John Rex of 104 Limekiln Pike wanted to know who would be responsible for the sidewalks along Limekiln Pike. Township Solicitor Frank Bartle responded that the title lines of the properties would have to be checked before that question can be answered, however, normally; the owner of the property that abuts the sidewalk is responsible for its care, including snow removal.
Autumn Festival Committee members Ruth Hardin, Sue Dessner and Mary Alfarano reported on the highlights for the upcoming Autumn Festival which will take place on Saturday, October 13, 2012 at the William F. Maule Park at Windlestrae. The event is scheduled to run from 10:00 a.m. to 4:00 p.m. and will offer over 60 vendors, an opening ceremony, amusement rides, a corn maze, Fire and Police demonstrations, hay rides, pony rides, a petting zoo, pumpkin decorating, gymnastics and karate demonstrations, scarecrow making and special appearances by the Amazing Spiderman and some of the Star Wars characters. The Board of Supervisors donned their tie-dyed T-Shirts in support of this exciting event and encouraged everyone to attend.
Recreation Coordinator Sharon Tucker reported that Montgomery United Soccer Association (MonU) has applied for a tournament permit requesting to host the Roger Erb Select Tournament with the use of three (3) pavilions and eleven (11) soccer fields at the William F. Maule Park at Windlestrae, as well as Spring Valley Park. Mrs. Tucker stated that the requested dates were November 9, 2012 for setup with the tournament being held on November 10th and 11th, 2012. In accordance with the Township's Facilities and Field Use Policy, tournaments are not permitted to be held between November 1 and April 30 unless special approval is granted by the Board of Supervisors. After a brief discussion, it was agreed that the Tournament would be permitted under certain conditions. Resolution #4 made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, approved the Roger Erb Select Tournament with the following conditions: a pre-assessment of the field conditions will be done before the tournament to confirm the fields' safety for play; a cash security in the amount of $5,000 be deposited with the Township until an assessment of the fields shows that there is no damage and the check will be returned; and if excessive damage is determined, Montgomery Township will review the extent of the damage and promptly notify MonU. A check shall be issued by the Township to MonU for the balance, as applicable.
Finance Director Shannon Drosnock reported that the Police Pension Plan requires that officer contributions can be reduced or eliminated if an actuarial study indicates that such reduction or elimination for that year will not adversely affect the actuarial soundness of the Pension Fund. No reduction or elimination can be made if any contribution by Montgomery Township will be required to keep the pension fund actuarially sound. The recently calculated Minimum Municipal Obligation has determined that for 2013, a combination of State Aid (estimated $225,295), Township contributions ($401,275) and Police Officer Contributions (Base, Longevity and Holiday pay at 5%) estimated at $148,340 will be required to meet the funding obligations of the Plan and keep the pension fund actuarially sound. Resolution #5 made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch and unanimously approved, requires Police Officer contributions to the Police Pension Plan in the amount of 5%.
Finance Director Shannon Drosnock reported that the annual General Municipal Pension System State Aid allocation for 2012 has been received in the amount of $375,491.52. The State requires that the Board of Supervisors adopt a resolution approving the allocation of the State Aid to the pension systems for its employees. Resolution #6 made by Supervisor Jeffrey McDonnell, seconded by Supervisors Robert Birch and unanimously adopted, allocated the 2012 Act 205 General Municipal Pension System State Aid to the Police Pension Plan in the amount of $204,642.88 and to the Non Uniformed Employee Pension Plan in the amount of $170,848.64.
Public Works Director Kevin Costello reported that the Public Works Department is seeking Board approval to place its 1997 Elgin Geo Vac Street Sweeper on the Muncibid online auction site. This vehicle was replaced with a new sweeper in 2012 and is now surplus. Resolution #7 made by Supervisor Robert Birch, seconded by Vice Chairman Joseph Walsh and unanimously approved, authorized the sale of the Township's 1997 Elgin Geo Vac Street Sweeper via online auction, through Municibid.
Chairman Candyce Chimera opened the public hearing at 9:14 p.m. for a Liquor License Transfer for Wegman's Food Markets, Inc. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Frank Bartle introduced the proposed application and read the legal advertisement into the record. Attorney Mark Kozar, representing Wegman's Food Markets, presented the application requesting an intermunicipal transfer of a liquor license from Canz Libations Hatfield, Inc. to Wegman's Food Markets, Inc. The hearing was closed at 9:25 p.m. Resolution #8, made by Vice Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the intermunicipal liquor license transfer application for Wegman's Food Markets.
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.
Under other business, Richard Roller, representing the Northern Montgomery County Recycling Commission on behalf of the Township, presented the annual check for Township recycling efforts in the amount of $36,550.85. Mr. Roller explained that as previously announced, PennDOT would be withholding 40% of the grant money and in addition, due to a miscalculation made this year and last year, over $120,000 was previously overpaid to the Township. Mr. Roller explained that that money would not need to be returned to the commission as it was taken out of the check for this year.
There being no further business to come before the Board, the meeting adjourned at 9:30 p.m.