MINUTES OF MEETING
JANUARY 28, 2013
Chairman Joseph Walsh called the executive session to order at 6:30 p.m. In attendance were Supervisors Robert Birch, Candyce Fluehr Chimera, Michael Fox and Jeffrey McDonnell. Also in attendance were Lawrence Gregan and Frank Bartle, Esquire.
Chairman Joseph Walsh called the action meeting to order at 8:07 p.m. In attendance were Supervisors Robert Birch, Candyce Fluehr Chimera, Michael Fox and Jeffrey McDonnell. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief J. Scott Bendig, Rick Lesniak, Kevin Costello, Bruce Shoupe, Shannon Drosnock, Ann Shade, Stacy Crandell, Richard Grier and Deborah Rivas.
Following the Pledge of Allegiance, Chairman Joseph Walsh called for public comment from the audience.
Robert Sykes of 102 Woodland Drive inquired if the Board would be receiving public comment when they discuss the Community/Recreation Center Project. Chairman Walsh agreed that the Board would entertain public comment during that specific discussion.
Vice Chairman Joseph Walsh acknowledged Boy Scout Kevin Wasik, who was present in the audience working towards his Citizenship and Communication Merit Badges.
Frank Bartle, Esquire reported that the Board met in an executive session earlier in the evening at 6:30 p.m. Mr. Bartle reported that there were five personnel matters, two matters of possible real estate acquisition and one matter of potential litigation. Mr. Bartle also reported that these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Chairman Joseph Walsh made a motion to approve the minutes of the January 7, 2013 Board meeting, and Supervisor Michael Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Township Solicitor Frank Bartle, Esquire, opened the Public Hearing for the Conditional Use Application #C-59 for Giant Food Stores & Horsham Realty Associates at 8:10 p.m. Mr. Bartle reported that the hearing would be opened for compliance with the 60 day requirement and that the following documents would be placed as exhibits into the record. The application will be Exhibit B1, the proof of publication is Exhibit B2, the plan document is Exhibit B3, and B4 will be the request by the applicant for a continuance. The Board concurred with continuing the hearing and Resolution #1, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the continuance of the Public Hearing for the Conditional Use application of Giant Food Stores and Horsham Realty Associates, until Monday, March 11, 2013.
Director of Planning and Zoning Bruce Shoupe presented the Preliminary/Final Land Development Plan for Montgomery Knoll Phase IB, LDS #653B. Mr. Shoupe reported that the plan had previously received final approval from the Board in 2009. The developer, represented by Richard McBride, Esquire, proposes to remove 11 lots from Phase IB, leaving seven lots with a proposed cul-de-sac. Mr. Shoupe further reported that Township staff and consultants have reviewed this plan for compliance with Township codes. Resolution #2, made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the Preliminary/Final Land Development plan for Montgomery Knoll, Phase IB.
Recreation Coordinator Sharon Tucker presented the 2013 Spring and Summer Recreation Program schedule and fees for the Board's consideration. Ms. Tucker reported on the 2013 Spring and Summer schedule which includes returning popular programs as well as new offerings. The new schedule also includes the annual summer camp offering, Kids University. Resolution #3, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the 2013 Spring and Summer Recreation Programs and Fees.
Director of Public Works Kevin Costello reported that the staff is requesting the Board's authorization to advertise and solicit for bids for the annual Equipment Rental, Paving materials and Services contract for the Public Works Department. Resolution #4, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement for bids for Rentals, Materials and Services, including Asphalt, Crack Sealer, Stone Aggregate, Lawn Care Treatments and Equipment Rental. The bids are to be received on or before February 14, 2013 at 10:30 a.m.
Director of Public Works Kevin Costello reported that the staff is requesting the Board's authorization to advertise and solicit for bids for the annual Curb and Sidewalk Project. Annually, the Township performs repairs / replacement of certain curbing and sidewalks throughout the Township in anticipation of the future resurfacing of the streets. The bid specifications have been prepared by Township Engineer, Gilmore & Associates, and reviewed by staff. Resolution #5, made by Vice Chairman Jeffrey McDonnell, seconded by Supervisor Michael Fox and adopted unanimously, authorized the advertisement for bids for the 2013 Curb and Sidewalk Project. The bids are to be received on or before February 14, 2013 at 10:00 a.m.
Director of Finance Shannon Drosnock presented the 4th Quarter 2012 Budget report. Ms. Drosnock' s presentation summarized the year-to-date operating results through December 31, 2012 and identified the significant activities in the fund balance, revenues and expenses. Ms. Drosnock reported that overall the Township finances are in excellent condition, including higher revenues, lower expenses and a $1,318,305 increase in the General Fund balance at the end of the year.
Director of Finance Shannon Drosnock reported that staff is projecting that the General Fund will end the fiscal year 2012 with a $4.1M unreserved Fund Balance, an increase of $1.3M during 2012. Ms. Drosnock reported that staff is proposing that $1.1M of this surplus be transferred to the Capital Reserve Fund to pre-fund the following transfers: $386,000 to 2013 Equipment Replacement, $676,000 to 2013 14-Year Road Plan, $23,000 to 2013 Township Roof Replacement and $15,000 to 2013 HVAC System Upgrades. Additionally, staff is proposing that $200K of the unreserved fund balance be transferred to the Capital Reserve Fund into the Open Space Designation. Resolution #6, made by Supervisor Michael Fox, seconded by Vice Chairman Jeffrey McDonnell and adopted unanimously, approved the transfer of $1.3M from the General Fund to the Capital Reserve Fund and the allocation of these funds to designated reserves.
Assistant to the Township Manager Stacy Crandell reported that Montgomery Township's franchise agreement with Comcast will expire on November 21, 2014. It is now time for the Township to proceed with negotiations for a new agreement with Comcast. Ms. Crandell reported that on August 13, 2012, the Board of Supervisors retained the services of the Cohen Law Group to represent the Township during the negotiations. The first step in the process is to hold a public hearing to review the past performance of Comcast and to identify the future needs of the Township. Ms. Crandell reported that staff is recommending that the public hearing be held as part of the Board of Supervisors meeting on Monday, February 25, 2013. Resolution #7, made by Supervisor Michael Fox, seconded by Vice Chairman Jeffrey McDonnell and adopted unanimously, set Monday, February 25, 2013 for the Public Hearing regarding the Comcast Cable Franchise Renewal.
Chairman Joseph Walsh reported that the Montgomery Township Municipal Sewer Authority has requested that the Township adopt an amendment to the Township Code of Ordinances amending Chapter 187 Sewers, Article XIV-Building Sewers and Connections. Township Manager Lawrence Gregan reported that the proposed ordinance would: establish new standards for the materials used and construction methods employed for construction of building sewers, laterals and appurtenant facilities; require certain commercial customers to install external grease interceptors and sand, soil and oil separators; require regular maintenance and cleaning of such grease interceptors and separators; and, require uses to regulate the contributions to and disposal of waste from grease interceptors and separators. Resolution #8, made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized the advertisement of proposed Ordinance #13-269 Sewer Ordinance Amendment - Grease, Sand, Soil and Oil Interceptor Regulations to be considered at the February 11, 2013 Board meeting.
Township Manager Lawrence Gregan provided a summary of activity to day on the proposed Community/Recreation Center project. Mr. Gregan reported that the Board had engaged consultants Kimmel Bogrette and Ballard King in July 2012 to perform a study to determine the feasibility of constructing a community/recreation center at the property across the street from the Township building. There were several meetings throughout the last six months and a final report was released on December 10, 2012. The final report has been placed on the Township's website and has been made available for review at the Township building. Mr. Gregan indicated that the staff was seeking the Board's direction on the next steps required to move forward on this project, should the Board desire to do so. Mr. Gregan reported that the Township has received a rating of AA+ from Standard & Poor's rating services with very strong references for its financial abilities and management controls. Mr. Gregan also reported that the Finance Committee reviewed the bond rating and the report on the proposed facility and at their recent meeting; they adopted a motion recommending approval of the financial plan including pursuing a $10 million bond issue with a 30 year amortization period with an annual debt service not to exceed $550,000. The Finance Committee also recommended that the proceeds for the bond issue be used to pay down the balance of the outstanding Univest loan to $1 million dollars or less. Based on this information, staff is recommending at this time that the Township pursue the sale of bonds. At this time, Chairman Joseph Walsh offered public comment from the audience.
Mr. Robert Sykes of 102 Woodland Drive stated that he was somewhat confused by the final report and the numbers that were being discussed at this evening's meeting. Mr. Sykes had several questions which clarified the numbers that were being recommended and comments regarding membership and capacity at other facilities in the area. Mr. Sykes stated again that he wished that the Board would reconsider placing this issue on a voter referendum. Chairman Joseph Walsh stated that the residents of the community have consistently been asking for a community center and that the Board would not enter into such a project without taking a serious look at all the information and making a decision based on whether or not this project would be feasible. Township Solicitor Frank Bartle stated that he researched the possibility of placing the project on a referendum, however, in Pennsylvania, a community center is not a project that can be placed on a binding referendum and that Pennsylvania does not have a provision permitting placing a non-binding referendum on a public ballot.
Also under public comment, Michael Kornfield of Meadowview Road stated that he was concerned with the cost of this project at $11 million dollars. Mr. Kornfield also stated that there should be some way to go out to the general public on this issue because it is a substantial amount of money regardless of where or how the money is being generated. Mr. Kornfield said he was concerned about the role of government expanding in this way and opined that government should be small, inexpensive and efficient and he was not sure that his project would pass any of those tests.
Chairman Joseph Walsh thanked the Finance Committee for their review of the finances involved and for their input and stated that he agrees with their recommendation. The other Board members also voiced their favorable responses to proceeding with this project. The Board asked the architect, Jon Trump of Kimmel Bogrette if there were processes in place to insure that the numbers generated would not increase as the project moves forward. Mr. Trump reported that there are a number of things in place in the study to make sure that the cost stays under the number quoted. Chairman Joseph Walsh then directed Mr. Gregan to move forward as discussed.
Chairman Joseph Walsh 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, Chairman Joseph Walsh reported that the Township had received a request from the Tax Collector, Patricia Gallagher, to increase the annual compensation that she receives for the collection of streetlight assessments. Resolution #9 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and approved unanimously, authorized the Solicitor to prepare and the Township Manager to advertise an ordinance to increase the Townships Tax Collector's annual compensation for the collection of Township taxes and streetlight assessments from $15,355 to $16,735 commencing January 1, 2014.
There being no further business to come before the Board, the meeting adjourned at 9:40 p.m.