MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
FEBRUARY 25, 2013
Chairman Joseph Walsh called the executive session to order at 7:15 p.m. In attendance were Supervisors Candyce Fluehr Chimera, Michael Fox and Jeffrey McDonnell. Supervisor Robert Birch was absent. Also in attendance were Lawrence Gregan, Ann Shade, Ryan Cassidy, Esquire and Frank Bartle, Esquire.
Chairman Joseph Walsh called the action meeting to order at 8:05 p.m. In attendance were Supervisors Candyce Fluehr Chimera, Michael Fox and Jeffrey McDonnell. Supervisor Robert Birch was absent. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief J. Scott Bendig, Rick Lesniak, Kevin Costello, Bruce Shoupe, Jim Dougherty of Gilmore & Associates, 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 and there was none.
Frank Bartle, Esquire reported that the Board met in an executive session earlier in the evening at 7:15 p.m. Mr. Bartle reported that there was a matter of labor negotiation discussed. 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 February 11, 2013 Board meeting, and Supervisor Michael Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
At 8:06 p.m., Township Solicitor Frank Bartle, Esquire, opened the Public Hearing for the Conditional Use Application #C-60 for the Pileggi property located at the intersection of Limekiln Pike and Lower State Road. Notes of testimony were taken by Court Reporter, Tim Kurek. Planning Director Bruce Shoupe summarized the application which is for consideration of a conditional use for 11 acres which is zoned R-1 Residential and has been used as a tree farm/nursery. The applicant is proposing to develop the property utilizing the Open Space Design Overlay Option. Mr. Shoupe explained that this use is permitted by conditional use only. The proposal calls for 18 single family detached units with a central recreation area. The minimum lot size would be 10,000 square feet. Attorney Robert Kerns, representing applicant John Pileggi, outlined the conditional use requirements of the application. Mr. Kerns presented the application's compliance with the requirements through the testimony of Richard Stoneback, P.E. Mr. Kerns focused on the open space location and a concept drawing showing the possible uses for the open space. Under public comment, Jack Horner, a resident of Neshaminy Falls, inquired if the applicant was going to build houses, and if so, has the traffic congestion in the area been considered? Mr. Stoneback stated that traffic was taken into consideration during the planning of this parcel, as all of the lot driveways face inside the parcel which provides for limited two way access to the proposed development. Dan Nysch, President of the Ukrainian American Sport Center, located across the street from the proposed development, said that he was concerned about traffic and children crossing the street to visit the sport center. Mr. Nysch asked if anyone on the club's Board or membership was contacted concerning the development. Mr. Stoneback responded that they were not contacted. Mr. Nysch asked if PennDOT had reviewed the traffic plan and Mr. Stoneback responded yes. Mr. Nysch opined that the club's driveway will face the development and often events held at the club do not conclude until after eleven o'clock in the evening, causing headlights from cars to shine across the street. Mr. Nysch said that he would rather see the property left as open space with playing fields than to be developed into homes. The public hearing closed at 9:12 p.m.
Resolution #1, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the Conditional Use Application for the Pileggi property, #C-60.
At 9:13 p.m., Township Solicitor Frank Bartle, Esquire, opened the Public Hearing for the Consideration of the Comcast Cable Franchise Renewal Agreement. Notes of testimony were taken by Court Reporter, Tim Kurek. The purpose of the hearing is to review the past performance of the cable operator, Comcast, and to identify the future cable-related community needs of the Township. Under public comment, Jack Horner, a resident of Neshaminy Falls since 1980 stated that he lives on a fixed income of $1,500 per month, of which he pays $150 per month for cable. Mr. Horner wanted to know why the Village of Neshaminy Falls could not choose between Verizon and Comcast. He stated that because there is no competition, the fees were very high. Township Manager Lawrence Gregan explained that Verizon does provide services in Montgomery Township and has installed its equipment on Township right-of-way, however, the Township cannot give Verizon permission to go onto Neshaminy Falls property to install their infrastructure. With no other public comment to be heard, the hearing closed at 9:21 p.m.
Director of Planning and Zoning Bruce Shoupe introduced the draft Ordinance which would amend Zoning Code Section 230-134, Off Street Parking. The amendment proposes to permit vehicles to back out of private driveways on to local streets. Resolution #2, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of a Public Hearing for Ordinance #13-272-Z - Section 230-134 Off Street Parking to be held on March 25, 2013.
Director of Planning and Zoning Bruce Shoupe introduced the draft Ordinance which would amend Zoning Code Section 230-26.J - Open Space Design Overlay Option. The amendment proposes to revise the common open space requirement to require at least 20% of the area of the tract, or 1500 square feet per dwelling unit, whichever is greater, be set aside for common open space and providing a minimum frontage of 70 feet. Resolution #3, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of a Public Hearing for Ordinance #13-273-Z - Section 230-26.J - Open Space Design Overlay Option to be held on March 25, 2013.
Chairman Joseph Walsh reported that the Keystone Community Fellowship Church is requesting that the Township consider waiving permit fees for interior renovations. Resolution #4, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the request to waive the permit fee of $459 for interior renovations at Keystone Community Fellowship Church.
Director of Finance Shannon Drosnock reported that at the February 11, 2013, the Board authorized the advertisement of Ordinance 13-271 to increase the indebtedness of the Township by an amount not to exceed $10M through a series 2013 bond offering. The proceeds from the bond offering will be used for two principle purposes: 1) to finance certain capital improvement projects in the Township, including the design, construction and equipping of the Community Recreation Center, and 2) to refund a portion of the Township's General Obligation Note, Series of 2012. Ms. Drosnock stated that the series of bonds were sold in the market on February 25, 2013 and the bond underwriters, RBC Capital Markets and bond counsel, Cozen O'Connor, will present the results of the sale to the Board this evening. James Gray and Brian Bradley from RBC Capital Markets reported on the bond sale in the market today. The Series 2013 bonds were committed in the market for a total of $8,745,000 par value of bonds plus original issue premium generating proceeds of $8,995,057 at a true interest cost of 3.44%. Debt Service will begin at a pro-rated payment of $187,173 for 2013 and will average $478,400 from 2014 through 2043. Annual Township revenues dedicated for debt service are $500,000 under the current millage structure, therefore the Series 2013 debt service will be able to be supported by the current millage rate for the life of the loan. Settlement is anticipated for March 27, 2013. Suzanne Mayes, a partner with the law firm of Cozen O'Connor, serving as bond counsel, reported that the ordinance is the legal action that the Board would take in order to incur the indebtedness that Mr. Bradley and Mr. Gray described. The ordinance also authorizes the projects that had been described by Ms. Drosnock and the incurrence of the debt as discussed. Resolution #5, made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, adopted Ordinance #13-271 to Increase the Indebtedness of Montgomery Township by an amount not to exceed Ten Million Dollars and also authorizes the executive of the Bond Purchase Agreement between Montgomery Township and RBC Capital Markets.
Township Manager Lawrence Gregan reported that the Montgomery County Commissioners adopted a resolution in 2012 authorizing the Montgomery County Tax Claim Bureau as alternate delinquent tax collector, with the authority to file liens and process the collection of delinquent real estate taxes. Mr. Gregan presented the benefits of authorizing this ordinance which would include an increase in collections due to the payment of the fees becoming the responsibility of the taxpayer. Resolution #6, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, adopted Ordinance #12-268 and authorized the Montgomery County Tax Claim Bureau as alternative collector with the authority to file liens for existing delinquent real estate taxes with penalty, interest and fees for such collection in accordance with the Municipal Claims and Tax Liens Act and the Real Estate Tax Sales Law.
Township Manager Lawrence Gregan reported that the Public Works Department was seeking approval to demolish a structure which is located on Township property at 1083 Bethlehem Pike. An agreement allowed the occupant of the property to remain and occupy the structure for business purposes until February 1, 2013. The Public Works Department obtained three (3) demolition contractor proposals to perform this work, with the lowest responsible proposal received from Kneckel Demolition and Excavating of Harleysville, PA in the amount of $13,800. Resolution #7, made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, awarded the contract for the demolition of the structures on Township owned property at 1083 Bethlehem Pike to Kneckel Demolition and Excavating of Harleysville, PA at a cost of $13,800.
Public Works Director, Kevin Costello, reported that the annual bids for Materials, Services and Equipment Rentals were opened on February 14, 2013 and reviewed by the staff. The staff's recommendation is to award the bids to the lowest responsible bidders. Resolution #8 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized contracts with the following companies: Asphalt/Bituminous Concrete to Eureka Stone Quarry, amount not to exceed $530,365; Stone Aggregate to Glasgow, Inc., various unit pricing; Lawn Care Treatments to Moyer & Son, Inc., $16,170; Equipment Rental with Operator to P.K. Moyer & Sons, Inc., amount not to exceed $353,600; and Crack Sealer to Crafco, Inc. at $.52 pickup and $.55 delivery pricing.
Public Works Director Kevin Costello reported that the bids for the annual Curb and Sidewalk project were opened on February 14, 2013. The Township Engineer, Gilmore and Associates, reviewed the bids and made a recommendation to award the bid to the lowest responsible bidder, Drumheller Construction, with a bid of $198,432.32. Mr. Costello reported that bids were received in the range of $198,432.32 up to $394,513.00. With the low bid amount, the Township will realize a savings of $196,962.68 in comparison to the budget. Resolution #9, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the award of the 2013 Curb and Sidewalk project to Drumheller Construction for a total project cost of $198,432.32.
Township Manager Lawrence Gregan reported that the construction of Friendship Park is currently underway. The David Cutler Group is funding the improvements and requests the Township's authorization to release progress payments to its contractor, Wolverine Constructors. Mr. Gregan reported that the total cost for the park improvements is $546,463.82 and Wolverine Constructors is seeking a progress payment in the amount of $32,546. The Township Engineer has inspected the site and found the work completed to date to be satisfactory. Resolution #10, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera, and adopted unanimously, accepted the Township Engineer's recommendation that the site work was performed satisfactorily and that the David Cutler Group can proceed with payment to Wolverine Constructors in accordance with the provisions of their contract.
Police Chief Scott Bendig reported that the Montgomery Township Police Department participates in the Montgomery County Major Incident Response Team (MIRT). MIRT is a task force deployed for large incidents requiring crowd control and for perimeter security during dignitary visits to our area. The Police Department currently has two officers who are assigned to MIRT. MIRT members are scheduled to attend training in early April at the Center for Domestic Preparedness. The training is sponsored and paid for by FEMA. One of the Township officers has not completed this training. Chief Bendig requested the Board's authorization to allow our officer to attend this out of state training. Resolution #11, made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the request for Officer Duessing to attend MIRT training.
Director of Fire Services Rick Lesniak reported that the Board of Supervisors previously adopted an ordinance in May of 1980 which established installation, operational and violations and penalties related to the installation of alarm systems in Montgomery Township. Since the adoption of this ordinance, there have been many significant technological advances in the design, installation and operation of alarm systems. Mr. Lesniak reported that Township staff recommends that the Board authorize the advertisement of proposed Ordinance #12-267, amending Chapter 56 of the Township Code governing Alarm Systems. The amended Chapter would adopt the provisions of Section 7511 of the Pennsylvania Crimes Code to govern false fire and burglary alarms within the Township to provide for consistent interpretation of the definition of a false alarm and specific penalties for such events. Resolution #12, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of proposed Ordinance #12-267.
Director of Fire Services Rick Lesniak reported that the Department of Fire Services and the Fire Department of Montgomery Township are seeking the Board's approval to accept the 2013 PA Fire Commissioner's Grant Awards in the amounts of $13,115.60 and $13,114.91, respectively. Resolution #13, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, granted approval to the DFS and FDMT to accept the PA Fire Commissioners Volunteer Firefighter/Ambulance Service Grant.
Chairman Joseph Walsh made a motion to approve the payment of bills. Supervisor Michael Fox 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 9:55 p.m.