MINUTES OF MEETING
JANUARY 7, 2013
Chairman Candyce Fluehr Chimera called to order the executive session at 6:00 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Lawrence Gregan, Frank Bartle and J. Scott Bendig. Personnel issues and matters of litigation were discussed.
Chairman Candyce Fluehr Chimera called to order the Re-Organization meeting at 6:40 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Lawrence Gregan, Frank R. Bartle, Esquire, J. Scott Bendig, Rick Lesniak, Ann Shade, Shannon Drosnock, Bruce Shoupe, Kevin Costello, Stacy Crandell, Rich Grier, Laura Duff and Shirley Snyder.
Under public comment, Bob Sykes of Woodland Drive spoke about the proposed Recreation/Community Center and stated that he had sent a letter to Chairman Chimera expressing his concerns. Mr. Sykes stated that he had attended both the July and December special meetings to discuss the proposed Recreation/Community Center and referenced several sections of the Needs Assessment and Feasibility Study pertaining to residents expectations, needs and the Mission Statement. Mr. Sykes stated that, in his opinion, the proposal needs further study before proceeding with the Recreation/Community Center, and requested that the Board consider the concerns addressed in his letter.
Frank R. Bartle, Esquire reported that the Board met in an executive session earlier in the evening at 6:00 p.m. Mr. Bartle reported that six personnel matters were discussed. Also discussed were the Nappen Zoning Hearing Board matter and the Zehr Tract Eminent Domain matter. Mr. Bartle reported that these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Chairman Chimera was nominated by Vice Chairman Joseph Walsh and seconded by Supervisor Michael Fox to become the Temporary Chair until a new chairman was elected. The nomination was unanimous. Supervisor Michael Fox made a motion to nominate Joseph Walsh to serve as the Chairman for the Board of Supervisors in 2013. Supervisor Jeffrey McDonnell seconded the motion. The nomination for Chairman of the Board of Supervisors was closed. The Board voted unanimously per Resolution #1 to elect Joseph P. Walsh to be the Chairman of the Board for 2013.
Chairman Joseph Walsh presented outgoing Chairman Candyce Fluehr Chimera with a plaque and thanked her for her commitment and dedication in serving as Chairman of the Board for the year 2012.
Supervisor Michael Fox made a motion to nominate Supervisor Jeffrey McDonnell to serve as the Vice Chairman of the Board of Supervisors for 2013. Chairman Joseph Walsh seconded the motion. The nomination for Vice Chairman of the Board of Supervisors was closed. The Board voted unanimously per Resolution #2 to elect Jeffrey W. McDonnell to be the Vice Chairman of the Board of Supervisors for 2013.
Chairman Joseph Walsh commended all of the Township's Volunteer Boards and Committees for their service during the year 2012 and expressed the Township's appreciation to the Board and Committee members for their dedication and time in serving on township committees.
Resolution #3, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, established the official holidays that Montgomery Township offices will be closed in the year 2013.
Resolution #4, made by Chairman Joseph Walsh, seconded by Vice Chairman Jeffrey McDonnell and adopted unanimously, established the meeting dates for the Board of Supervisors for the year 2013.
Township Manager, Lawrence Gregan reported that the Second Class Township Code requires the bonding of the Township Treasurer with a surety company in an amount established by the Board of Supervisors for the faithful performance of the duties of that office. Resolution #5, made by Supervisor Candyce Fluehr Chimera, seconded by Chairman Joseph Walsh and adopted unanimously set the Treasurer's Bond at $2,500,000.
Resolution #6, made by Chairman Joseph Walsh and seconded by Supervisor Candyce Fluehr Chimera, named the depositories for the Township to be Univest Bank and Trust Company, Morgan Stanley as custodian for the investments of the Police Pension Fund, and ICMA-RC as the custodian for Montgomery Township Police Pension Funds in the Deferred Retirement Option Program (DROP). Resolution #6 was adopted with a 4 - 0 vote. Supervisor Fox abstained from voting on Resolution #6, as he is employed by Univest Bank.
Resolution #7, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, appointed the Township Officials and Consultants for the year 2013.
Resolution #8, made by Supervisor Michael Fox, seconded by Vice Chairman Jeffrey McDonnell and adopted unanimously, appointed Angelo Grasso and Michael Thom as members of the Park & Recreation Board to fill vacancies expiring January 1, 2016. Angelo Grasso and Michael Thom took the Oath of Office as newly appointed members of the Park & Recreation Board. District Justice Andrea Duffy was present to administer the Oath of Office.
Resolution #9, made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously re-appointed all committee volunteers with expiring terms of January 1, 2013 to new terms in accordance with the bylaws of their respective committees and boards.
Resolution #10, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, certified Supervisor Robert Birch as the voting delegate to the Pennsylvania State Association of Township Supervisors for 2013.
Resolution #11, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, established the Board liaisons to the various volunteer committees and boards. The liaisons for all volunteer committees will remain the same as in 2012.
Resolution #12, made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the list of authorized drivers of Township-owned vehicles for 2013.
Resolution #13, made by Chairman Joseph Walsh, seconded by Vice Chairman Jeffrey McDonnell and adopted unanimously, re-appointed the following Fire Police to serve Montgomery Township in 2013: Rob Bailey, William Adams, Stacy Bailey, Maryanne Mogensen, Joel Silver, Greg Fitzgerald, Franklin Ha, Matt Palm and Bud Rhoads.
Resolution #14, made by Chairman Joseph Walsh, seconded by Vice Chairman Jeffrey McDonnell and adopted unanimously, established the Fee Schedule for 2013. Chairman Joseph Walsh reported that there will be no fee increases by the appointed Township consultants for the year 2013.
The re-organization meeting concluded at 7:00 p.m.
Supervisor Michael Fox made a motion to accept the minutes of the December 10, 2012 Work Session and the December 17, 2012 Board of Supervisors meetings. The motion was seconded by Supervisor Candyce Fluehr Chimera and approved unanimously.
Police Chief J. Scott Bendig reported that under the Pennsylvania Consolidated Statutes, a Police Officer has the right to arrest without warrant for certain ongoing hazardous conduct after the governmental body of the Township issues guidelines to be followed when making the arrest. Resolution #15, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, set the guidelines for the Montgomery Township Police Officers to make warrantless arrests under the Pennsylvania consolidated Statutes.
Chairman Walsh announced that Anthony Spangler has submitted his resignation as Montgomery Township Auditor. Resolution #16, made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, appointed James Earley to the position of Township Auditor with a term to expire on January 6, 2014. District Justice Andrea Duffy administered the Oath of Office to James Earley to fill the unexpired term in the position of Auditor.
Lawrence Gregan reported that the Cutler Group authorized Wolverine Constructors to proceed with certain improvements on the Township's Friendship Park, involving grading and paving improvements on the property. Wolverine Constructors is seeking a fourth progress payment from the Cutler Group. Resolution #17, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, acknowledged that the work included in Wolverine's payment request #4 has been completed in accordance with the approved plans and specifications and that the Cutler Group shall be notified of the Township's acceptance and that the Cutler Group may proceed with payment to Wolverine in accordance with the provisions of their contract.
Resolution #18, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, set Monday, February 25, 2013, 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 John Pileggi, Jr. for the 11 acre property located at the intersection of Limekiln Pike and Lower State Road.
A motion to approve the payment of bills was made by Supervisor Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, and approved the payment of bills as submitted.
There being no further business to come before the Board, the meeting adjourned at 7:15 p.m.