MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
NOVEMBER 25, 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 and Frank Bartle, Esquire.
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, Shannon Drosnock, 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 had met in an executive session earlier in the evening at 7:00 p.m. Mr. Bartle reported that the Board discussed two Zoning Hearing Board matters of litigation for 1010 Horsham Road – Abington Memorial Hospital and 1630 County Line Road – Nand & Sashi Todi, and one personnel matter. Mr. Bartle also reported that these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Chief of Police J. Scott Bendig introduced Brett Katz, a Township resident and 7th grade student at Pennbrook Middle School. In preparation for his Bar Mitzvah, Brett undertook a community service project, to raise funds to help support the Montgomery Township's Canine Unit. Brett presented a check in the amount of $300 to the Chairman of the Board. A Certificate of Appreciation was presented to Brett Katz. Resolution #1 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, recognized Brett Katz for his donation to the Montgomery Township Police Department's Canine Unit and expressed the Township's appreciation for his support of our community.
Chairman Joseph Walsh announced that notification was received from State Senator Stewart Greenleaf, State Representative Todd Stephens and State Representative Kate Harper that Montgomery Township was awarded a grant in the amount of $250,000 through the Commonwealth Financing Authority Department of Community and Economic Development's Greenways, Trails and Recreation Program. This grant will be used to help fund construction of a spray park and an accessible playground at the Township's new Community/Recreation Center to be located at the corner of Stump Road and Horsham Road. The Board expressed its thanks to State Senator Greenleaf, State Representative Stephens and State Representative Harper and their staff for their assistance in supporting the Township's application for this grant and to Assistant to the Township Manager Stacy Crandell for initiating and preparing the application.
Director of Finance Shannon Drosnock reported that a review of the regulations governing the requirements for installation, maintenance responsibility and assessment of the costs for Residential Street Lighting determined that amendments needed to be made to Chapters 205 and A237 of the Township Code in an effort to make the language clearer and more consistent with current practices. The proposed ordinance will update provisions of the Township's Subdivision and Land Development Code governing requirements for the installation of street lighting. The public hearing opened at 8:07 p.m. Notes of testimony were taken by Court Reporter Tim Kurek. Solicitor Frank Bartle read the Legal Notice and marked Exhibits B1 through B6 into the record. There was no public comment regarding this proposed amendment to the Street Light Ordinance. The public hearing closed at 8:14 p.m. Resolution #2 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, adopted Ordinance #13-276 amending Chapters 205 and A237 of the Montgomery Township Code governing requirements for the installation of street lighting, establishment of street lighting districts, methods of assessment of street lighting and costs and maintenance responsibilities.
Director of Finance Shannon Drosnock presented the 2014 Preliminary Budget. Four public workshops were conducted by the Board and staff during the month of October. Ms. Drosnock stated that the proposed Total Revenues for 2014 reflect a 3.70% increase over 2013. General Fund Revenues consist of the real estate mileage remaining at 1.49 mills in 2014 and 75 percent of residential property owners are participating in the Homestead Exclusion which was implemented in 2003. Total Expenditures for 2014 show a 3.8% increase. Upon adoption of a preliminary budget by the Board, a notice must be advertised stating that the proposed budget is available for public inspection at the Township Building. After the approved preliminary budget has been available for public inspection for twenty (20) days, the Board of Supervisors must adopt a final budget no later than December 31, 2013. Resolution #3 made by Supervisor Michael Fox, seconded by Vice Chairman Jeffrey McDonnell and adopted unanimously, adopted the 2014 Preliminary Budget for all funds and set Monday, December 16, 2013 at 8:00 p.m. in the Township Building as the date, time and place for the public meeting for consideration of adoption of the 2014 Final Budget.
Director of Finance Shannon Drosnock reported that staff has identified that a potential cost saving measure for Facility Trash and Recyclable Material Collection & Disposal could be achieved through the use of a consolidated contract awarded through the competitive bidding process combining all five (5) current accounts with two (2) different vendors into one contract with one vendor. Currently, the combined cost for these services is approximately $40,000 per year. The draft bid document has been reviewed by the Township Solicitor. Resolution #4 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of the Montgomery Township Facilities Waste and Single Stream Recyclable Materials Collection and Disposal bid with a bid opening on December 20, 2013 at 10:00 a.m. at the Township building with the award of the bid to take place at the January 6, 2014 Board of Supervisors meeting.
Director of Finance Shannon Drosnock announced that the Finance Committee is recommending an amendment to the Finance Committee Bylaws to remove the first paragraph in Section G , thus allowing the committee members to determine the day of the month that best accommodates their schedules for the monthly Finance meetings for the upcoming year. The meeting day chosen by the Finance Committee would be advertised in accordance with the requirements of Pennsylvania law. Resolution #5 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously amended the Finance Committee Bylaws to remove paragraph one of Section G, granting the Committee the flexibility to choose a day to hold their monthly meetings that accommodates the committee members schedules.
Director of Planning Bruce Shoupe reviewed the preliminary/final land development plan for the Goodwin Property located at 131 Stevers Mill Road. This project proposes to remove the existing dwelling and construct three (3) new single family dwellings. Each proposed dwelling will take access from Stevers Mill Road. Jason Smeland, P.E. of Lenape Valley Engineering was present representing the applicant. Mr. Smeland advised that the applicant is in agreement with the conditions set forth in the approval resolution, but is seeking several waivers in conjunction with this project. After some discussion, the Board requested the removal of waiver #2 giving the applicant the option of providing a fee in lieu of planting nine shade trees, and stated that the nine trees be planted on the site. Under public comment Christine and John Healy of 135 Stevers Mill Road stated that the drawing of their property that was received from the Planning Office at Montgomery Township shows a different property line than the drawing being presented by Mr. Smeland, which they believe would take approximately three (3) feet from the Healy property. Frank Bartle, Esquire recommended that the matter of the location of the property line be resolved before final approval for the plan is given. Michelle Evans of 128 Stevers Mill Road commented that she has had continuous issues with the contractor who is currently working on the project in their development and stated that valid concerns exist concerning the location of the property line markers. Based on the discussion that followed an additional condition was added to the resolution stating that the applicant will prove to the satisfaction of the Township that the property boundaries are as set forth on the approved subdivision plan before any building permits are issued to construct any new homes on the site. Resolution #6 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the final land development plan for the Goodwin Property with the inclusion of the additional condition listed above.
Director of Planning Bruce Shoupe reported that the Township is requesting approval to submit the application for the 2013 Tree City USA Recertification. This program gives national recognition for urban and community forestry programs in towns and cities that meet the standards set forth. Resolution #7 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the application for Montgomery Township to receive the 2013 Tree City USA Recertification.
Director of Planning Bruce Shoupe reported that the Shade Tree Commission is requesting approval to obtain a proposal for the development of a Forestry Management Plan which would provide alternatives in addressing the Emerald Ash Borer (EAB). The Commission contacted the Pennsylvania Bureau of Forestry seeking qualified Foresters to provide this professional service. The Commission contacted Curtis Eshelman of Timberlink Consulting in Doylestown, PA. Mr. Eshelman presented information to the Shade Tree Commission in regards to developing a plan. Resolution #8 made by Supervisor Michael Fox, seconded by Chairman Joseph Walsh and adopted unanimously, authorized the Shade Tree Commission to obtain a proposal from Timberlink Consulting for the development of a Forestry Management Plan.
Resolution #9 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized a construction escrow release #4 for Keystone Homebrew LDS#657 in the amount of $139,610.05.
Resolution #10 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized a construction escrow release #1 for Montgomery Chase LDS#616A in the amount of $47,728.00.
Resolution #11 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized an end of maintenance period escrow release for Montgomery Square United Methodist Church LDS#638 in the amount of $34,029.60.
Assistant to the Township Manager Stacy Crandell reported that the Montgomery 300 Committee has proposed holding a fireworks display to be held as part of the 300th Community Day to commemorate the Township's Anniversary on September 20, 2014 (rain date of September 27, 2014). The 300 Committee and Montgomery Township staff are recommending that the Township contract with Celebration Fireworks for this event. Resolution #12 made by Supervisor Michael Fox, seconded by Chairman Joseph Walsh and adopted unanimously, approved the contract and authorized the deposit be sent to Celebrations Fireworks to provide the fireworks display for the 300th Anniversary Community Day Event on September 20, 2014.
Assistant to the Township Manager Stacy Crandell reported that one of the highlights of the 300th Community Day on September 20, 2014 is having music groups performing throughout the day of the event. In order to accomplish this, the Committee is requesting approval to rent staging equipment, a sound system and lighting. The Committee is recommending to contract with Clear Sound, Inc., who has worked with the Township on previous projects and is registered with the State Costars Program. In addition, staff is recommending contracting with Upper Merion Township for the use of an 8' x 16' bandwagon, which would be provided at no cost to Montgomery Township. Resolution #13 made by Supervisor Michael Fox, seconded by Chairman Joseph Walsh and adopted unanimously, approved contracting with Clear Sound Inc. to provide the stating, sound and lighting for the 300th Anniversary Community Day Event on September 20, 2014.
Ms. Crandell also reported that every two years, the Pennsylvania General Assembly develops a Capital Budget Bill which provides an opportunity for local governments to submit requests for possible funding consideration by the Governor's Office. Township staff has been researching and investigating the next steps for the RACP Grant and met with Robert Dusek from Direction Associates, a small firm in Spring House, Pennsylvania, which has been successful in assisting other organizations in receiving RACP grant funds. Resolution #14 made by Vice Chairman Jeffrey McDonnell, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the proposal from Direction Associates for the preparation of the RACP Grant documents including the Business Plan and the Application for the Community Recreation Center.
Director of Public Works Kevin Costello reported that on June 24, 2013 the Board authorized the sale of the Township's 2001 Ford F-550 Bucket Truck and a 2004 Kubota ZD-28 Mower through the online auction company Municibid. A total of 64 bids were received for the bucket truck and 26 bids for the Kubota as of the close of bidding. Resolution #15 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the sale of a 2001 Ford F-550 bucket truck to Jim Kehs, J.K. Truck Equipment of Boyertown, PA in the amount of $18,900.00 and the sale of a 2004 Kubota ZD-28 mower to Karl Grube of Gettysburg, PA in the amount of $1,457.00 in accordance with the terms and agreement through the Municibid online auction company.
Township Manager Lawrence Gregan reported that as part of the Rt 202 Parkway Project, PennDOT installed Intelligent Transportation System (ITS) devices and communication infrastructure along the 202 Parkway and its primary intersecting and parallel routes under Project SR 0202, Section 71T. The ITS devices consist of closed circuit television cameras, dynamic message signs and a travel time detection system. PennDOT is responsible for the maintenance of all ITS devices and the mainline fiber trunk. Maintenance of the traffic signal systems and the fiber optic “drop” cable from those signals is the Township's responsibility. In December of 2011 the Township approved and executed these agreements, which have been rejected by PennDOT's legal team it has been longer than sixty (60) days since the execution of the agreement. New agreements have been prepared for execution. Resolution #16 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized Montgomery Township to enter into a Traffic Signal Maintenance Agreement and a Cooperative Memorandum of Agreement for the installation of various traffic signals and communication equipment for the State Project No. S.R. 202 Section 71T.
Township Manager Lawrence Gregan reported that a proposal has been submitted by Township Traffic Engineer Kevin Johnson to perform traffic engineering services in order to obtain PennDOT approval for the installation of left turn advanced phases (left turn arrows) at the intersection of North Wales Road and Knapp Road. This improvement was identified in the Traffic Study performed for the Simon Properties/Wegmans development project. The proposal includes preparation of a revised traffic signal permit plan and application package for submission to PennDOT, attendance at a field meeting with PennDOT to review the conditions and scope of improvements and attendance at Township meetings to discuss the improvements. Resolution #17 made by Supervisor Michael Fox, seconded by Chairman Joseph Walsh and adopted unanimously approved the Traffic Engineer Study Proposal from Traffic Planning and Design, Inc., dated November 19, 2013 to perform traffic engineering services in order to obtain PennDOT approval for the installation of left turn advanced phases at the intersection of North Wales Road and Knapp Road at a cost of $5,750.00.
Township Manager Lawrence Gregan reported that in September the Cutler Group authorized its contractor, Wolverine Constructors, to proceed with site grading and paving improvements on Friendship Park in accordance with plans prepared by Chambers and Associates and in compliance with the approved NPDES permit for this work. The Township Engineer has inspected the site and has found the work completed to date to be satisfactory and in accordance with the approved plans. Resolution #18 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, accepted the Township Engineer's recommendation that the site work being performed at Friendship Park by Wolverine Constructors, Inc., as detailed in Wolverine's Payment request #11 has been completed in accordance with the approved plans and specifications and that the Cutler Group be notified of the Township's acceptance so that they can proceed with payment to Wolverine in accordance with the provisions of their contract.
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.
Chairman Joseph Walsh reported that it has been the policy of the Board of Supervisors to waive permit fees for non-profit and religious organizations. The Township has received a request from Paws Rescue, an animal rescue and cat adoption center to waive the non-residential occupancy permit fee for their temporary center at Montgomery Mall. Resolution #19 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, authorized the waiver of permit fee for Paws Rescue in Montgomery Mall.
Under other business, Motion #1made by Chairman Joseph Walsh, seconded by Vice Chairman Jeffrey McDonnell and adopted unanimously, authorized the Township Solicitor to send letters stating the Board of Supervisors position on the Nand Todi and Abington Hospital Zoning Hearing Board matters.
There being no further business to come before the Board, the meeting adjourned at 9:50 p.m.