MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
APRIL 22, 2013
Chairman Joseph Walsh called the executive session to order at 7:30 p.m. In attendance were Supervisors Robert Birch, Candyce Fluehr Chimera, Michael Fox and Jeffrey McDonnell. Also in attendance were Lawrence Gregan, Frank Bartle, Esquire and Bruce Shoupe.
Chairman Joseph Walsh called the action meeting to order at 8:01 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, Richard Lesniak, Kevin Costello, Bruce Shoupe, Ann Shade, Stacy Crandell, Richard Grier and Shirley Snyder.
Following the Pledge of Allegiance, Chairman Joseph Walsh called for public comment from the audience and there was none.
Township Solicitor Frank Bartle, Esquire reported that the Board met in an executive session earlier in the evening at 7:30 p.m. Mr. Bartle reported that there were three matters of personnel and one matter of litigation regarding the Zoning Hearing Board matter at 314 Regence Drive that were discussed. Mr. Bartle also reported that these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Representatives from Plymouth Township were present to express their appreciation to the Montgomery Township Police Department for their assistance following the tragic death of Plymouth Township Officer Brad Fox on September 13, 2012. Officer Fox was a veteran, K-9 Officer, father, husband and a True Hero. The following persons were in attendance representing Plymouth Township: Plymouth Council Chairman Sheldon Simpson, Plymouth Council Vice Chairman Lenore Bruno, Plymouth Township Councilman Dean Eisenberger, Plymouth Township Manager Karen Weiss and Plymouth Township Police Chief Joseph Lawrence. Each member spoke of the positive impact that neighboring municipalities had on Plymouth Township in their assistance and caring during the township's time of grief and mourning.
Chief of Police J. Scott Bendig reported that on November 14, 2012 Montgomery Township Police Officers were dispatched to a home on Douglass Road for a reported assault in progress. The caller, Mr. Matthew Young, approached the resident to be of assistance, scaring the actor away. Mr. Young followed the actor as he fled the property and directed arriving officers to his location. The actor was arrested and is currently incarcerated in the Montgomery County Correctional Facility awaiting trial. Mr. Matthew Young was recognized for taking action and assisting the Police Department in the apprehension of this suspect. Resolution #1, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and approved unanimously, commended Matthew Young for his bravery in taking action to come to the aid of a township resident and for assisting the police in the apprehension of the burglary suspect.
Chairman Joseph Walsh made a motion to approve the minutes of the April 8, 2013 Board meeting, and Supervisor Michael Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Michael Thom, a member of the Montgomery Township Park and Recreation Board recently submitted his resignation as he will be moving out of the Township. Resolution #2, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, accepted the resignation of Michael Thom from the Montgomery Township Park and Recreation Board effective April 19, 2013, and thanked Mr. Thom for his contributions during the time he was a member of this Board.
Bruce Shoupe, Director of Planning and Zoning reported that the Shade Tree Commission sponsors an annual event to celebrate Arbor Day. The Annual Arbor Day Tree Give-Away will be held on Saturday, April 27, 2013 at the Montgomery Township Building, beginning at 9:00 a.m. Montgomery Township has also been named as a 2012 Tree City USA and Growth Award recipient. Presentation of this award will be made during the event by the State Forester. Resolution #3, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, recognized Arbor Day and the Arbor Day Proclamation.
Assistant to the Township Manager Stacy Crandell reported that the Montgomery Township Business Development Partnership will be hosting their fourth Business Card Exchange on Tuesday, May 14, 2013 from 5:00 p.m. to 7:00 p.m. at the Township Building. This event will inform business owners and managers of the services, procedures and guidelines of the Township. Each Township Department will have informational tables set up with items relevant to the business community and will have staff available to answer questions.
Chairman Joseph Walsh reported that the consideration of award of the contract for Architectural Services for the Community/Recreation Center was tabled at the April 8, 2013 meeting. Chairman Walsh thanked the firm of Kimmel Bogrette Architecture + Site for their efforts and work in preparing the Needs Assessment and Feasibility Study for this project and reported that the Township award the contract for the architectural services for this project to Kimmel Bogrette Architecture + Site, in accordance with their proposal dated February 18, 2013 and a not to exceed fee of $561,250. Resolution #4, made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, awarded the contract for architectural services for the Montgomery Township Community/Recreation Center to Kimmel Bogrette Architecture + Site.
Township Manager Lawrence Gregan reported that in September 2012, the Cutler Group authorized Wolverine Constructors to proceed with certain improvements on Friendship Park. This work involves site grading and paving improvements on the property. The total cost for this scope of improvement to the park is $546,463.82 and Wolverine Constructors is seeking a sixth progress payment from the Cutler Group in the amount of $38,314.35 bringing the total amount paid for the work completed to date to $254,679.85. The Township Engineer has inspected the site and found the work completed to date to be satisfactory and in accordance with the approved plans. Resolution #5, made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, accepted the Engineer's recommendation that the site work being performed at Friendship Park by Wolverine Constructors, has been completed in accordance with the approved plans and specifications and that the Cutler Group be notified of the Township's acceptance so they can proceed with payment to Wolverine in accordance with the provisions of their contract.
Director of Finance Shannon Drosnock presented the 1st Quarter 2013 Budget report. Ms. Drosnock' s presentation summarized the year-to-date operating results through March 31, 2013 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 and lower expenses and a $286K increase in the General Fund balance as compared to 1st quarter prior year.
Shannon Drosnock reported that the following projects, grants and activities have occurred during the first quarter of 2013 that require amendments to the 2013 budget: General Obligation Bond Issue; Volunteer Firefighter Service Grant; Power Line Trail Connector Study; and Legal and Consulting Services for prior land acquisitions. Resolution #6, made by Supervisor Michael Fox, seconded by Vice Chairman Jeffrey McDonnell and adopted unanimously, approved the 2013 1st Quarter Budget Amendments to the Debt Service Fund, Capital Projects Fund and the Capital Reserve Fund as per Exhibit A.
Bruce Shoupe, Director of Planning and Zoning reported that Capital Telecom Acquisition, LLC has filed a Conditional Use Application for the placement of a cellular tower in the wooded area at the rear of 608 Upper State Road, which is zoned LI-Limited Industrial. The applicant wishes to construct this proposed tower for the co-location of five users, with the first to be AT & T Mobile, for the expansion and upgrade of its 4G network. The applicant has also submitted an application to seek a variance from the Township code which restricts no more than two communication equipment buildings, limiting each building to a size of no more than 144 square feet. The applicants request a variance for their equipment shelters, each 360 square feet in size and nine additional equipment cabinets, totaling 360 square feet. Resolution #7, made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, opposes the Zoning Hearing Board application of Capital Telecom Acquisition, LLC, for 608 Upper State Road, North Wales, PA and authorizes the Township Solicitor to enter his appearance and oppose the application on behalf of the Township.
Bruce Shoupe reported that Giant Food Stores, located at 1201 Knapp Road, has submitted an application for a liquor license transfer. Giant plans to operate a restaurant inside its grocery store with the intent to sell beer for consumption at the restaurant and also "to go". Resolution #8, made by Supervisor Robert Birch, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, set Tuesday, May 28, 2013 after 8:00 p.m. in the Township Building as the date, time and place for a Public Hearing for an Intermunicipal Liquor License Transfer for Giant Food Stores, LLC., located at 1201 Knapp Road.
Resolution # 9, made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved escrow release #2 for General Hancock Townshouses - LDS#648.
Resolution #10, made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved escrow release #2 for General Hancock Hotels - LDS#642.
Resolution #11, made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved escrow release #1 for Wegman's supermarket -LDS#660.
Kevin Costello, Director of Public Works reported that the Public Works Department is proposing the purchase of a 2013 Verti-Drain Deep-Tine Aerator as proposed in the 2013 Budget. Lawn and Golf Supply, authorized vendor under the Co-Stars Cooperative Purchase Program provided a cost of $33,000.00. Resolution #12, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, awarded the contract for the purchase of a 2013 Verti-Drain Deep-Tine Aerator to Lawn and Golf Supply Company at a cost of $33,000.00 per quote and specifications dated February 28, 2013.
Kevin Costello reported that as part of the approved 2013 Budget, the Township is proposing replacement of 3,282 linear feet of asphalt trail at the William F. Maule Section of Windlestrae Park. With this reconstruction, the existing trail will be replaced with a 9 foot wide asphalt surface trail. The project will be completed under the Equipment with Operator Contract and Asphalt Materials Contract along with the Department of Public Works forces. Resolution #13, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously authorized the Public Works Department to proceed with the removal and replacement of the asphalt trail at William F. Maule Park at Windlestrae.
Rick Lesniak, Director of Fire Services, reported that Firefighter Robert Hedden is requesting approval to attend out of state training to earn 8 C.E.U's to be applied toward his continuing education credit hour requirements as an inspector. Resolution #14, made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, authorized Firefighter Robert Hedden to attend the "Residential Fire Suppression Systems" course on May 8, 2013 in Blackwood, New Jersey.
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 8:50 p.m.