MINUTES OF MEETING
OCTOBER 22, 2012
Chairman Candyce Fluehr Chimera called the executive session to order at 7:00 p.m. In attendance were Supervisors Michael Fox, Jeffrey McDonnell and Joseph Walsh. Supervisor Robert Birch was absent. Also in attendance were Lawrence Gregan and Frank Bartle, Esquire.
Chairman Candyce Fluehr Chimera called the regular action meeting to order at 8:02 p.m. In attendance were Supervisors Michael Fox, Jeffrey McDonnell and Joseph Walsh. Supervisor Robert Birch was absent. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief J. Scott Bendig, Kevin Costello, Bruce Shoupe, Ann Shade, Rick Lesniak, Sharon Tucker, Richard Grier and Shirley Snyder.
Following the Pledge of Allegiance, Chairman Candyce Chimera called for public comment from the audience. Mike Smyth of Usher Lane stated that Montgomery United Soccer (MonU) would like to work with Montgomery Township to discuss the feasibility of installing two turf soccer fields at the William F. Maule Park at Windlestrae. MonU has new information to be brought to the discussion, including the possibility of privatizing the project. Mr. Smyth commented that the installation of turf fields would be self- funded and require no taxpayer dollars. Supervisor Joseph Walsh commented that the matter had been vetted through the Montgomery Township Park & Recreation Board and the recommendation of the Park & Recreation Board was to table the turf fields at this time. Mr. Walsh stated that the Township has some significant financial responsibilities with the plans underway for the Recreation Center and the legal issues involving the condemnation of the Zehr Tract. Chairman Candyce Chimera stated that she had been in contact with Dwight Wilkinson of MonU and requested a business plan for the turf field project and specific details on how to finance the project. To date the Township has not received this information. Supervisor Michael Fox stated that lengthy discussions were held between MonU and the Park & Recreation Board. Mr. Fox also noted that the priority of the Board of Supervisors is the Recreation/Community Center. Mr. Fox was disappointed that MonU stated that the soccer fields are in poor condition.
David Jones, Executive Director of MonU stated that they have tried to meet with the Board of Supervisors for the past few weeks with no success. Mr. Jones stated that the fields are in poor shape and an embarrassment, even though the Township insurance carrier stated that the fields are safe. MonU is the 3rd largest soccer club in Pennsylvania. Play is often cancelled due to the wet fields, causing MonU to pay to use indoor facilities for their practices and games. Mr. Jones also cited the fact that soccer is not provided with any benches for the players, no fences around the fields, and no bleachers for spectators.
Jay Glickman, a member of the Montgomery Township Planning Commission and the Open Space Committee recommended that MonU prepare a new business plan to be submitted to the Board of Supervisors. Mr. Glickman volunteered to act as a moderator for any future discussions between the Township and MonU.
Christine Gain of Tudor Drive asked the Board of Supervisors to enter into any future discussions with MonU with an open mind. Ms. Gain also stated that MonU employs prestigious coaches and MonU players could be eligible for college soccer scholarships, therefore good fields are needed.
Supervisor Jeffrey McDonnell stated that this process requires the input of the Park & Recreation Board.
Chairman Chimera thanked everyone in the audience for coming to take part in this discussion.
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 litigation matters discussed: the Zehr Condemnation and the Whetstone Zoning Hearing Board Appeal. Also discussed were three personnel matters and one potential acquisition of real estate. 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 Vice Chairman Joseph Walsh seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Lawrence Gregan announced that Dan Spinelli and Mark McMahon have submitted their letters of resignation from the Park & Recreation Board. Mr. Spinelli had served on the Board since February 2009 and Mr. McMahon was appointed in January 2012. Resolution #1, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh and adopted unanimously, accepted the resignation of Dan Spinelli and Mark McMahon from the Park & Recreation Board, effective October 22, 2012, and thanked them both for their service to the residents of Montgomery Township while serving on the Board.
Recreation Coordinator Sharon Tucker expressed the Township's appreciation to all the volunteers, sponsors and staff who gave their time to the success of the 2012 Autumn Festival, which was held on Saturday, October 13, 2012. A special thank you was given to Frank Lindinger for his continued support in providing lunch for all of the volunteers and workers at a significantly reduced cost to the Township.
Chairman Candyce Chimera opened the public hearing for proposed Zoning Code Amendments to the Open Space Design Overlay - Ordinance #12-264Z and proposed Zoning Code Amendments to the Open Space Design Overlap, Zoning Map Amendment - Ordinance #12-265Z at 8:42 p.m. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Frank Bartle introduced the proposed amendments and read the legal advertisement into the record. He stated that Proposed Ordinance #12-264Z & Proposed Ordinance #12-265Z would be heard together. Mr. Bartle also noted a correction to Ordinance #12-265Z which involved removal of one of the parcels from consideration as it was property owned by the Township Sewer Authority. Director of Planning Bruce Shoupe reported that the Applicant, John Pileggi is requesting a change in the R-1 Residential Zoning District. Mr. Shoupe reported that the proposal would allow the Zoning Map to be amended to place the Open Space Design Overlay Option on the property. Robert J. Kerns, Esquire, representing the applicant, John Pileggi, provided an overview of the project. Mr. Kerns stated that the property is presently zoned R-1 residential and Mr. Pileggi would like to have that changed to the Open Space Design Overlay, as it will permit smaller lots to be developed. One small parcel is being removed from the proposal which was originally submitted. John H. Kennedy of Kennedy & Associates, Planners and Land Use Consultants, was sworn in to testify. Mr. Kennedy provided responses to all the questions asked of him by Robert Kerns, Esquire regarding these two amendments. Mr. Kennedy stated that the change to the Design Overlay Option would provide the developer the ability to use smaller lot sizes, while increasing the density of the project slightly. Twenty percent of the property will be dedicated as Open Space. Also included in this proposal are transportation/road improvements along Lower State Road and Limekiln Pike, which will be done at no cost to the Township. Mr. Kennedy advised that all owners of affected properties have received notification of these proposed amendments, with the exception of Fred Miller. Mr. Miller was in the audience and inquired if these proposed changes would affect his taxes. Mr. Kennedy responded that it would not have any effect on taxes.
Karen Fry of Westminster Lane commented that with the proposal there would be an additional eighteen homes, with 36 additional cars within the area. She questioned why the density has to be that high. Mr. Kennedy responded that the additional density was necessary to help defray the cost of the traffic improvements. Ms. Fry also asked if the state had been asked to help with the road improvements. Mr. Kennedy stated that in discussions with PennDOT, they were more than willing for Mr. Pileggi to pay for the improvements. Ms. Fry also questioned the marketability of the proposed new homes that are located on two very busy streets. Mr. Kennedy stated that it is an excellent location and the homes will be very marketable. Frank Bartle, Esquire included Exhibits B-1 through B-8 and Exhibits A-1 through A-12 into the record.
Karen Fry of Westminster Drive gave testimony expressing her concern with the number of cars that use the Montgomery Lea development as a "cut-through". Her concern is that with the addition of more homes, it will increase the traffic.
Jay Glickman, a member of the Montgomery Township Planning Commission, stated that the Planning Commission had reviewed this Proposed Ordinance Amendment and had no opposition to the density for this project.
Resolution #3, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, adopted Ordinance #12-264Z, an amendment to the Zoning Code Amendments - Open Space Design Overlay Option.
Resolution #4, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, adopted Ordinance #12-265Z, an amendment to the Open Space Design Overlay Option - Zoning Map Amendment.
The public hearing concluded at 9:40 p.m.
Director of Planning & Zoning, Bruce Shoupe, introduced the Final Land Development Plan for Montgomery Walk - Phase IIB - LDS #627. Mr. Shoupe stated that this plan had previously received final approval from the Board of Supervisors. This amendment proposes removal of two units and reconfiguration of 21 units to provide for more desirable end units. The Township staff and consultants have reviewed this plan for compliance with Township Codes, and the plan has been recommended for approval by the Township and County Planning Commissions. Richard McBride, Esquire was present to provide an overview of the revisions to the project, stating that the majority of the units in the revised plan will be "end" units. Mr. McBride also stated that the applicant is seeking three waivers from provisions of the Land Development Code in conjunction with this project. Resolution #5, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, approved the Final Land Development Plan for Montgomery Walk, Phase IIB - LDS#627.
Bruce Shoupe presented an overview of the Final Land Development Plan for Montgomery Preserve - LDS #653A. Montgomery Preserve, a subdivision in the Enclave at Montgomery Development, previously received Board of Supervisors approval in 2009. The plan has been revised to increase the project from 13 non age restricted dwelling units to 35 detached, age restricted single family dwelling units. Richard McBride, Esquire stated that all the roads within the development will be maintained by the Homeowners Association. Under public comment, Louise Brakstator of 405 West Kennedy Road inquired whether the 35 new houses will be part of the Montgomery Walk Homeowners Association. Mr. McBride advised that Montgomery Preserve will be a separate Association. Navneet Verma of 110 Destiny Way expressed concern that with the additional houses, there will be an increase in traffic flow through the area. Mr. McBride stated that because the proposal is for age-restricted units, there will be fewer residents and fewer trips with this type of use. Resolution #6, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, approved the Final Land Development Plan for Montgomery Preserve - LDS#653A.
Bruce Shoupe provided an overview of the Final Land Development Plan for General Hancock Hotels - Hampton Inn - LDS#642A. Mr. Shoupe stated that this plan proposes a revision to the approved plan for a hotel on this site which will now be a Hampton Inn. The number of guest rooms will be reduced to 101, and changes are proposed to the surrounding parking and vehicular circulation areas. Kirk Clauss, P.E. of Schlosser & Clauss Consulting Engineers stated that the Hampton Inn will be a four story hotel and will have a few additional parking spaces provided. Resolution #7, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell, and adopted unanimously, approved the Final Land Development Plan for General Hancock Hotels - Hampton Inn - LDS#642A.
Bruce Shoupe stated that Montgomery Township has been offered a donation of trees from a local tree farm that is scheduled to close. The donator has offered to dig the selected trees at no charge and the Township would need to make arrangements for the delivery and planting. The Shade Tree Commission is recommending that the trees be planted at Memorial Grove, Windlestrae Park/Zehr Tract and Rose Twig, Whispering Pines Park, Applewood Park, Westminster Drive Open Space and the Township building. The Township has received a separate donation of labor and equipment to deliver and plant the larger caliper trees. These larger trees are proposed for planting this Fall in Spring Valley Park, Whispering Pines Park and Rose Twig. The Board of Supervisors expressed its appreciation to John Pileggi and Sal Antonucci for the donation of the trees and the labor and equipment for the project. Resolution #8, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell, and adopted unanimously, approved the Donated Trees Project as a Fall 2012 Shade Tree Commission project.
Chief Scott Bendig stated that the Police Department is requesting approval to sell two surplus 2008 Ford Crown Victoria police vehicles at public auction. Resolution #9, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, authorized the sale at auction of two 2008 Ford Crown Victoria vehicles through J.J. Kane Auctioneers, Conshohocken, Pennsylvania.
Chief Scott Bendig stated that the Police Department maintains a fleet of marked police vehicles, which are equipped with audio and visual warning devices for emergency response as required by the Pennsylvania Motor Vehicle Code. Currently, the vehicles utilized by several members of the Command Staff have no audio and visual warning devices. The Police Department is requesting the authorization to purchase and install audio and visual warning devices at a cost of $1,875.00. An amendment to the 2012 Police Vehicle Budget is required for this purchase. Resolution #10, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, approved the amendment to the 2012 Police Vehicle Budget allowing for the purchase of police audio and visual warning devices.
Director of Administration and Human Resources, Ann Shade, announced that Montgomery Township is presently planning the 2012 Annual Holiday Lights Contest and Celebration. This is the 9th year for this event. Entries for the Holiday Lights Contest must be submitted to the Township by 4:30 p.m. on Friday, December 7, 2012. Judging will be conducted by members of the Park & Recreation Board and Township staff and will take place on Tuesday, December 11th and Wednesday December 12th between 5:00 p.m. and 8:00 p.m. In conjunction with the Holiday Lights contest, the Township will also be holding its Annual Holiday Lights Celebration on Sunday, December 16, 2012 from 4:00 p.m. to 8:00 p.m. at the Township Building. This event is for the whole family and provides snacks, drinks, holiday music, crafts, holiday story time and much more.
Ann Shade stated that the Winter 2012/2013 Recreation Programs have been selected. The Winter Recreation offerings include many popular and returning programs with some new programs being introduced. Resolution #11, made by Supervisor Michael Fox, seconded by Vice Chairman Joseph Walsh, and adopted unanimously, approved the amendments to the Fee Schedule to include the 2012/2013 Winter Recreation program fees.
Director of Fire Services, Rick Lesniak stated that fire inspectors must receive and maintain certification based on type of work performed. Firefighter Robert Hedden is requesting approval to attend an out-of-state training session in New Jersey. Resolution #12, made by Supervisor Michael Fox, seconded by Supervisor Jeffrey McDonnell, and adopted unanimously authorized Firefighter Hedden to attend a training session hosted by the New Jersey Center for Government Services.
Kevin Costello, Director of Public Works, stated that the Township does a cost analysis annually to determine the most cost effective way to purchase bulk salt for deicing roadways during the winter months. In the past, the Township has piggybacked on the Montgomery County Consortium Contract for this purchase. Resolution #13, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously authorized the Township's participation in the Montgomery County consortium 2012/2013 Contract for the purchase of rock salt from Oceanport, LLC of Claymont, Delaware, at the price of $52.75 per ton delivered.
Township Manager, Lawrence Gregan, stated that in December 2011 the Township applied for a grant under Delaware Valley Regional Planning Commission's (DVRPC) Regional Trails Program Phase II Grant Program to conduct a study to determine the most feasible alignment for a trail connection between the proposed Powerline Trail and the soon to be opened 202 Parkway Trail. Gilmore and Associates and Consulting Engineer, Ken Amey will begin preparing a proposal to do the work. The total funding for the study is $40,000 with DVRPC's Grant Funds paying $32,000 and a local match by the Township in the amount of $8,000. Resolution #14, made by Vice Chairman Joseph Walsh, seconded by Supervisor Jeffrey McDonnell, and adopted unanimously, authorized the execution of Grant Agreement with the Delaware Valley Regional Planning Commission for the $32,000 Regional Trails Program Phase II Grant to conduct the Powerline Trail Connector Study.
Lawrence Gregan announced that the Fall 2012 Curbside Leaf Collection is scheduled for Saturday, November 17, 2012. All leaves and yard waste must be placed in biodegradable paper bags and put curbside prior to 7:00 a.m. on November 17th. In addition to the curbside leave waste collection on that day, the Township will be conducting their monthly leaf and yard waste drop off collection at the William F. Maule Park at Windlestrae (Main Section) from 8:00 a.m. to noon.
Chairman Candyce Fluehr Chimera made a motion to approve the payment of bills. Vice Chairman Joseph Walsh seconded the motion. The payment of bills was unanimously approved as submitted.
There being no further business to come before the Board, the meeting adjourned at 10:24 p.m.