MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

SEPTEMBER 23, 2013

 

            Chairman Joseph Walsh called the executive session to order at 7:00 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 8:00 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 Deb Rivas.

            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 7:00 p.m.  Mr. Bartle reported that there were four matters of potential litigation discussed, including the Zoning Hearing Board matter for 1630 County Line Road - Nand and Shashi Todi, the Zoning Hearing Board matter for 116 Red Haven Drive - Rear Yard Setback, the Zehr Tract Litigation matter and the Commerce Group vs. Montgomery Township matter. 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 September 9, 2013 Board meeting, and Supervisor Michael Fox seconded the motion.  The minutes of the meeting were unanimously approved as submitted.

            Recreation Coordinator Sharon Tucker and Autumn Festival Committee Chairman Mary Alfarano reported on the upcoming Township Autumn Festival activities.  Ms. Alfarano reported on the current sponsorships, as well as the registered vendors and food vendors that will be a part of the event.  The day-long highlights include amusement rides, a corn maze, fire and police participation and demonstrations, hay rides, pony rides, petting zoo, pumpkin decorating, karate demonstrations, scarecrow making and special appearances by the Amazing Spiderman and some of the Star Wars characters.  As in previous years, a DJ will be at the event the entire day. 

            Recreation Coordinator Sharon Tucker reported on the budget for the Autumn Festival and requested that the Board authorize the transfer of $7,000 to the Autumn Festival fund to support the expenditures for the event.  Resolution #1, made by Chairman Joseph Walsh, seconded by Supervisor Candyce Chimera and adopted unanimously, authorized the transfer of $7,000 from the General Fund to the Autumn Festival Fund.

            Recreation Coordinator Sharon Tucker reported that the Park and Recreation Board and Township Staff have reviewed the Tournament Section of the Facilities and Field Use Policy and have recommended a revision.  Ms. Tucker advised that the current policy states that tournaments held between November 1 and April 30 must receive prior approval from the Board of Supervisors.  Since instituting this policy, the Board has annually granted approval for a tournament to be held the second weekend of November.  To avoid the need to ask for approval each year, it is recommended that the following change be made to Tournament Play:  "No tournaments of any type will be allowed following the second weekend in November through April 30 without special approval from the Montgomery Township Board of Supervisors".  Resolution #2, made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, approved the amended Facilities and Field Use Policy.

            Director of Fire Services Rick Lesniak reported that National Fire Prevention Week will be held from October 6th through October 12th.  The theme for this year is "Prevent Kitchen Fires".  There will be a fire safety educational display at the Township building from October 7th through October 11th, the FDMT will be participating in the annual Autumn Festival and the Department of Fire Services will be conducting fire drills, fire safety inspections and fire prevention talks at all schools, day care centers, health care facilities and hotels throughout the Township during the month of October.  Resolution #3, made by Supervisor Robert Birch, seconded by Supervisor Candyce Chimera and adopted unanimously, recognized October 6th through October 12th, 2013 as Fire Prevention Week.

            Director of Fire Services Rick Lesniak reported that the PA Fire Commissioner's Office is accepting applications for grants to assist Volunteer and Combination Fire Departments.  The Department of Fire Services (DFS) and the Fire Department of Montgomery Township (FDMT) are requesting that the Board approve the submission of grant applications in the amount of approximately $15,000 each.  The DFS intends to use this funding to purchase three (3) portable radios to be used on Montgomery County's new radio system.  The FDMT intends to use this funding to purchase one (1) new thermal imaging camera and one (1) 5-gas meter.  Mr. Lesniak also reported that there are no local matching funds required for this grant program.  Resolution #4 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, granted approval for the submission of applications to the PA Fire Commissioners Volunteer Firefighter/Ambulance Service Grant program in the amount totaling $30,000.00.

            Police Chief Scott Bendig reported that Montgomery Township Police Highway Safety Officer David Dunlap has prepared the annual grant application on behalf of the Montgomery Township Regional DUI Enforcement Team.  The grant funds are used to support sobriety checkpoint operations and roving DUI patrols.  The grant amount requested is $49,996.00 and will provide funding for the purchase of equipment and payment of overtime for enforcement activities.  Resolution #5 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, approved the submission of the 2013/2014 DUI Grant on behalf of the North Penn Area DUI Task Force in the amount of $49,996.00.

            Director of Planning and Zoning Bruce Shoupe reported that in 2009, Montgomery Township initiated a program of naturalizing stormwater basins owned and maintained by Montgomery Township.  The Shade Tree Commission has researched the benefits of naturalizing these basins and has identified additional basins to be entered into the Basin Naturalization Program in 2013.  Mr. Shoupe reported that the following basins are being recommended to be assessed by Boucher and James in order to be qualified for entry into the Basin Naturalization Program:  #10 Penn Forest (Addison Lane), #6 Victoria Woods (Montgomery Avenue), #9 Victoria Woods (Torey Circle), #19 West Gate (Longleat Drive), #17 Meadow Lane Farms (Horseshoe Lane), #50 Windlestrae/Raven Hollow (3 basins) and #28 Gift Circle.  Resolution #6 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, approved the referenced basins to be assessed for potential inclusion into the Naturalized Basin Program. 

            Director of Planning and Zoning Bruce Shoupe reported that there are nine basins which have been assessed and determined to be acceptable as being entered into the Naturalized Basin Program.  Those basins are #13 Thornbury, #15 Stone Ridge, #35 Knapp Farm at N. Wales Rd and Avondale Dr., #36 Knapp Farm at DeKalb Pike and Knapp Rd., #39 at Canterbury, #40 at Spring Valley Park along Upper State Rd., south of Spring Valley Drive, #41 Spring Valley Park along Upper State Rd., between Spring Valley Dr. and Claremont Dr., #42 Township Building and #56 Gwynedd Lea.  Resolution #7 made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, authorized that the referenced basins be accepted into the Naturalized Basin Program.

            Director of Planning and Zoning Bruce Shoupe reported that a request for a waiver of the land development process was received from Capital Telecom Acquisitions, LLC, for their project proposing the installation of a new cell tower at 608 Upper State Road.  The applicant is required to seek Land Development approval based on the installation of the driveway servicing the facility and the length of the lease for the cell tower on the property.  The project previously received conditional use approval from the Board of Supervisors.  Resolution #8 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the waiver of Land Development for LDS#668 - Capital Telecom Acquisitions, LLC, 608 Upper State Road.

            Resolution #9 made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, authorized a construction escrow release #4 for Montgomery Preserve Phase I - LDS#653A in the amount of $100,870.00.

            Township Manager Lawrence Gregan reported that Act 205, Section 304 requires that the Chief Administrative Officer for Montgomery Township submit the Minimum Municipal Obligation (MMO) for the upcoming budget year to the Board on or before the last business day in September.  The MMO is the calculated funding obligation to the Township's Police and Non-Uniform Employee Pension Plans.  Resolution #10 made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, accepted the 2014 MMO for the Montgomery Township Police Pension Fund in the amount of $611,018 and the 2014 MMO for the Montgomery Township Non-Uniform Employee Pension Fund in the amount of $249,840.

            Township Manager Lawrence Gregan reported that the Municipal Records Manual dated December 16, 2008 requires that the Board of Supervisors adopt a resolution to authorize the  destruction of Non-Permanent records.  Township staff has prepared a list of non-permanent records that may be destroyed in accordance with the approved retention schedule for the Board's review.  Resolution #11 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized the disposition of the public records as presented to the Board.

            Township Manager Lawrence Gregan reported that each year the Board of Supervisors and Township staff participate in budget workshops to discuss and finalize plans for the coming year.  This year, the staff proposes the following dates for the budget workshops:  Wednesday, October 9, 2013, Thursday, October 10, 2013, Thursday, October 17, 2013, Thursday, October 24, 2013, and as an alternate date if necessary, Wednesday, October 30, 2013.  Resolution #12 made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, authorized the dates as referenced for the 2014 Budget workshops. 

            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.

            There being no further business to come before the Board, the meeting adjourned at 8:30 p.m.