MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

DECEMBER 16, 2013

 

            Chairman Joseph Walsh called the action meeting to order at 8:00 p.m.   In attendance were Supervisors Robert Birch, Candyce Fluehr Chimera and Michael Fox.  Supervisor Jeffrey McDonnell was absent.  Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief J. Scott Bendig, Richard Lesniak, Shannon Drosnock, Ann Shade, Stacy Crandell, Kevin Costello, Bruce Shoupe, Richard Grier and Deb Rivas.

            Following the Pledge of Allegiance, Chairman Joseph Walsh called for public comment from the audience and there was none. 

            Chairman Joseph Walsh called for a motion and Supervisor Michael Fox made a motion to approve the minutes of the November 25, 2013 Board meeting, and Supervisor Robert Birch seconded the motion.  The minutes of the meeting were unanimously approved as submitted.

            Police Chief Scott Bendig introduced two new employees of the Police Department staff,   Joseph Bennett and Carlos Cartagena, who have been hired as Recruit Dispatchers.  Technology Manager Richard Grier introduced new employee Lance Allen, who has been hired as the IT Support Technician in the Finance Department.  Resolution #1 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, welcomed Lance Allen, Joseph Bennett and Carlos Cartagena as employees of Montgomery Township. 

            Chairman Joseph Walsh announced that long term residents and active members of numerous volunteer civic organizations, Mr. and Mrs. Roy Rodriguez, wished to make a presentation to the Board of Supervisors in recognition of the 175th Anniversary of the Limekiln Pike Bridge.  Mr. and Mrs. Rodriguez commissioned a watercolor painting of the bridge by John Maxwell, a local award winning artist, and presented the painting to the Montgomery Township Board of Supervisors.  Mr. Rodriguez reported that the bridge was built in 1838 and restored in 2013.  The bridge is one of the older examples of stone arch bridges in Pennsylvania and its longevity is a testimony to the quality of construction of these historic stone bridges.  Chairman Joseph Walsh also presented Mr. and Mrs. Rodriguez with a Certificate of Appreciation for their generous contribution and longstanding and unwavering support to the Montgomery Township Community.  Resolution #2 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and approved unanimously, recognized the 175th Anniversary of the Limekiln Pike Bridge and expressed appreciation to Mr. and Mrs. Roy Rodriguez for their generous contribution to the Township.

            Director of Administration and Human Resources Ann Shade reported that the 10th Annual Holiday Lights contest had recently concluded and the winners were ready to be announced.  Ten families decorated their homes and participated in the contest.  The winners were Most Colorful – 127 Oxford Lane, Most Traditional – 104 Fairview Drive, Most Variety – 17 Spur Road and Grand Prize Winner Car Stopper – 134 Thames Drive.  Resolution #3 made by Supervisor Robert Birch, seconded by Supervisor Candyce Fluehr Chimera and approved unanimously, recognized the winners and participants in the 2013 Holiday Lights Contest.

            Assistant to the Township Manager Stacy Crandell reported that in December, 2011 the Township had applied for a grant to conduct a study to determine the most feasible alignment for a trail connection between the proposed Powerline Trail and the Route 202 Parkway Trail. In March 2013, the Board of Supervisors approved the professional services scope of work and cost proposal from Gilmore Associates for the Powerline Trail Connector Feasibility Study.  Ms. Crandell introduced Chris Green from Gilmore Associates who presented the highlights from the Powerline Trail Connector Feasibility Study.  Mr. Green reviewed each of the trail connector options with the Board and recommended that Commerce Drive be considered as the most feasible route for the trail connector.  Resolution #4 made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch, and approved unanimously, approved the Powerline Trail Connector Feasibility Study as presented.

            Director of Planning Bruce Shoupe presented the preliminary/final land development plan LDS#669 proposing redevelopment of two lots located at 794 and 798 Bethlehem Pike, within the C-Commercial District for use as a fast food restaurant with a drive-thru (“Chick-Fil-A”) and a restaurant with associated retail sales.  Mr. Shoupe indicated that the Township staff and consultants have reviewed this plan for compliance with Township Codes.  Mr. Jay Glickman, a member of the Planning Commission, stated that the Planning Commission had no concerns and found the waivers being requested as appropriate.  Mr. Shoupe commented that the applicant was present and had reviewed the proposed conditional approval resolution.  David Onorato, Esquire, attorney for the applicant, accepted the resolution as proposed.  Resolution #5 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the preliminary/final land development plan for LDS #669 – 794 and 798 Bethlehem Pike.

            Director of Planning Bruce Shoupe presented the preliminary/final land development plan for LDS#666 – Giant To Go.  The plan proposes construction of a 5,000 square foot convenience store with a five double-sided pump gasoline fueling station at 741 Bethlehem Pike.  Township staff and consultants have reviewed the plan for compliance with Township Codes.  Mr. Shoupe commented that the applicant was present and had reviewed the proposed conditional approval resolution. Jonathan Andrews, Esquire, attorney for the applicant, accepted the resolution as proposed.  Resolution #6 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the preliminary/final land development plan for LDS #666 – Giant To Go convenience store and gas fueling station at 741 Bethlehem Pike.

            Director of Planning Bruce Shoupe presented the preliminary/final land development plan LDS #663 - Commerce Group Limited Partnership at 744 Bethlehem Pike.  The applicant proposes to demolish the existing building and construct a one-story, 11,900 square foot multi-tenant building with parking areas and a full-access driveway onto Vilsmeier Road.  Joseph McGrory, Esquire, representing the applicant, stated that the applicant is agreeable with the conditional approval resolution with the exception of Item #2.  Item #2 provides for settlement of a long standing litigation matter, Civil Action No. 97-23341, and requires that the Applicant pay an outstanding balance from the development escrow in the amount of $10,379.96. The applicant's attorney, Joseph McGrory, Esquire, requested that the Board recess into an executive session so that his client can discuss the litigation matter with the Board.  The Board agreed and recessed the action meeting at 8:54 p.m. to enter into an executive session for the purposes of discussing the Commerce Group vs. Montgomery Township Civil Action No. 97-23341.  At 9:35 p.m., the Board reconvened the action meeting and Chairman Joseph Walsh made a motion to table the consideration of the preliminary/final land development plan, LDS #663.  The motion was seconded by Supervisor Robert Birch and approved unanimously. 

            Director of Planning Bruce Shoupe presented the preliminary/final land development plan for LDS #670 – Montgomery Township Recreation/Community Center.  Mr. Shoupe reported that the plan proposes to construct a new Township Recreation Community Center to be located on a 12.89 acre tract on the corner of Stump Road and Horsham Road.  The proposal provides for construction of a 40,000 square foot recreation community center with a gym, community room, exercise spaces, walking track and outdoor accessible playground and spray park.  Rolph Graf, P.E., presented the plan and indicated that it fulfills all the obligations and requirements of the Township land development and zoning codes, the Montgomery County Planning Commission review and the Montgomery Township Planning Commission review.  Resolution #7 made by Supervisor Robert Birch, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the preliminary/final land development plan for the Montgomery Township Recreation/Community Center – LDS#670.

            Resolution #8 made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and unanimously approved, authorized the escrow release in the amount of $9,678.46 for Wegmans - #M-12-49.

            Township Manager Lawrence Gregan reported that as authorized, Traffic Planning and Design, Inc., has prepared plans and an application to be submitted to PennDOT requesting approval to revise the traffic signal at North Wales Road and Knapp Road to provide for the installation of advance left turn phases (left turn arrows) at this intersection.  Bob Stone of Traffic Planning and Design was present to answer questions from the Board on the design.  Chairman Joseph Walsh inquired as to how long the intersection would be interrupted during construction of the improvements.  Mr. Stone indicated that the intersection would only be interrupted for one day and the remaining work would be occurring off the roadway.  Supervisor Michael Fox asked if these improvements would help with the traffic issues on North Wales Road and Mr. Stone replied that the intention of the improvements is to help move traffic through North Wales Road to and from Bethlehem Pike. Resolution #9 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, adopted the resolution to be submitted to PennDOT requesting revisions to the Traffic Signal Permit for the intersection of North Wales Road and Knapp Road to provide for the installation of dedicated left turn signal phases on the South Bound, East Bound and West Bound approaches, replacement of the in group loop detection system with video detection and the addition of emergency vehicle pre-emption for all approaches to this intersection. 

            Chairman Joseph Walsh reported that the Montgomery Township Municipal Sewer Authority was incorporated on June 24, 1963 with an initial term of fifty years which expired on June 24, 2013.  The provision of the Municipal Authorities Act, Pa. C.S.A. Sections 5623, provides for the revival of the Authority for an additional term not exceeding 50 years by the adoption of amended Articles of Incorporation and the filing of a Municipal Statement of Revival with the Commonwealth within five years of the expiration of the current term.  Resolution #10 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, adopted an Amendment to the Articles of Incorporation of the Montgomery Township Sewer Authority extending its term for an additional period of fifty years and authorize, approve and direct the filing of a Municipal Statement of Revival of the Montgomery Township Municipal Sewer Authority in the Office of the Pennsylvania Secretary of the Commonwealth.

Chairman Joseph Walsh reported that Board of Supervisors approval of the Authority Budget is required in accordance with Section 3 of the Operating Agreement between the Township and the Montgomery Township Municipal Sewer Authority.  Resolution #11, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the Montgomery Township Sewer Authority Budget for the fiscal year 2014 for the period from January 1, 2014 to December 31, 2014.

Chairman Joseph Walsh reported that the operating agreement between the Township and the Authority require Board approval of Tapping Fee Agreements entered into by the Montgomery Township Municipal Sewer Authority in 2013.  Resolution #12, made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the following Montgomery Township Municipal Sewer Authorities Tapping Fee Agreements with Montgomery Pointe Phase 3, Assi Plaza, Montgomery Preserve Phase 1, Montgomery Knoll, Montgomery Walk Phase II B, Beer & Wine Mill, Gwynmont West, Little Pods, Orleans and Shetland Group.

Director of Finance, Shannon Drosnock presented the final 2014 Montgomery Township Budget.  The Board held four public workshop meetings on the budget and approved the Preliminary Budget on November 25, 2013.  Ms. Drosnock presented the final budget information and stated that no revenues or expenses in the final budget are increased more than ten percent in the aggregate or more than twenty-five percent in any major category over the proposed budget.  Supervisor Michael Fox complimented Ms. Drosnock for her work on and presentation of the budget.  Resolution #13, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera, and adopted unanimously adopted the 2014 Montgomery Township Budget as presented on November 25, 2013. Resolution #14, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the Tax Levy Resolution with a total of 1.49 mills, and establishes the Homestead Exclusion amount for 2014 at $30,000.  Resolution #15, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, established the street light assessments for 2014.  Resolution #16, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the maximum departmental salary/wage increased for 2014 with the adoption of the 2014 budget.

            Chairman Joseph Walsh reported that the Second Class Township Code requires municipalities to reorganize on the first Monday of the year.  January 6, 2014 is the date for the Montgomery Township reorganization meeting.  Resolution #17, made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of the reorganization meeting of the Township for Monday, January 6, 2014 at 8:00 p.m.

            Chairman Joseph Walsh made a motion to approve the payment of bills.  Supervisor Candyce Fluehr Chimera 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 10:00 p.m.