MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

APRIL 14, 2014

 

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

            Following the Pledge of Allegiance, Chairman Joseph Walsh welcomed the members of a Montgomery Township Boy Scout Troop who were in attendance at the meeting as part of their efforts to meet the requirements for Citizen Merit Badge.

            Chairman Joseph Walsh called for public comment from the audience.  Sam Dugan, a resident of Montgomery Township inquired as to how information on the new mandated stormwater regulations will be made available to the residents of the Township.   Township Manager Lawrence Gregan explained the history of the Act 167 Stormwater Management Plan for the Neshaminy Creek Watershed and the requirement of the Township to adopt new stormwater management regulations as provided in the plan.  He further explained the effort by the Township to incorporate revisions to the 167 Plan and Stormwater Ordinance to reduce/mitigate the costs for compliance on projects with less than 1000 square feet increase in impervious coverage and to provide for a FILO for projects less than 5000 square feet which would be used to improve existing basins owned by the Township.  Montgomery Township, through the efforts of Supervisor Michael Fox, took the lead role in working with Montgomery County and Bucks County in making recommendations to the “draft” plan that would be less of a burden on the residents of the Township while providing FILO funds to improve existing basins.

            Chairman Joseph Walsh made a motion and Supervisor Michael Fox seconded the motion to approve the minutes of the March 24, 2014 Board meeting.  The minutes of the meeting were unanimously approved as submitted.

            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 personnel matters and three potential litigation matters.  Mr. Bartle also reported that these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.

            Township Manager Lawrence Gregan announced that Recreation Coordinator, Sharon Tucker will be taking on a new role as Human Resources Specialist in the Administration Department.  Ms. Tucker has a background in Human Resources and previously worked in personnel.  Resolution #1 made by Supervisor Michael Fox, seconded by Chairman Joseph Walsh and adopted unanimously, recognized and congratulated Sharon Tucker in her promotion to Human Resources Specialist in the Administration Department effective April 1, 2014.

            Township Manager Lawrence Gregan announced the upcoming retirements of Margaret (Peggy) Ferrante and Shirley Snyder.  Mrs. Ferrante has served as the Finance Department's Accounts Payable Associate since July 6, 1999, completing almost fifteen years of service with the Township.  Mrs. Ferrante coordinated the distribution of invoices, ensuring that invoices were accurate and accounted for in accordance with the Township budget, and that expenses were processed in a timely manner.  Mrs. Snyder has served as the Administration Department's Administrative Secretary since April 10, 2002, completing just over twelve years of service with the Township.  In her position, Mrs. Snyder served as the Administration Department's Administrative Secretary since April 10, 2002, completing just over twelve years of service with the Township.  Mrs. Snyder has served as the Recording Secretary for the Board of Supervisors, coordinated the preparation of the Board agenda and packets, coordinated the list of residents serving on various Township volunteer committees and maintained the official minute and ordinance binders, as well as various other projects.  Resolution #2 made by Supervisor Michael Fox, seconded by Chairman Joseph Walsh and adopted unanimously, recognized the retirements of Margaret Ferrante and Shirley Snyder and thanked them for their commitment to public service during their employment at Montgomery Township.

            Assist to the Township Manager Stacy Crandell announced the Commemoration Day Event scheduled for May 17, 2014 to celebrate the Township's 300th Anniversary.  A 5K Run will be held on May 17, 2014 at 9:00 a.m. at the William F. Maule Park at Windlestrae.  The proceeds of this run will be donated to the Wounded Warrior Project.  The run is limited to the first 300 runners.  Sixty six runners are currently signed up for the event.  This run is made possible through the donations of approximately eighteen sponsors, whom the Board of Supervisors thanked for their participation in supporting this event.

            Director of Finance Shannon Drosnock reported that Montgomery Township has received The Certificate of Achievement in Financial Reporting from the GFOA.  This is the third consecutive year that the Township has achieved this award, which recognizes the Township efforts to present its residents with an outstanding Annual Financial Report.  Resolution #3 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, recognized the Certificate of Achievement in Financial Reporting presented by the GFOA.

            Director of Finance Shannon Drosnock reported that the current ‘death benefit' and ‘vested benefit' language in the Police Pension Plan Document was inconsistent with Act 600 which governs police pension plans.  To correct the inconsistency and comply with the Auditor General's Finding, the Township was required to revise the language in the Police Pension Plan Document.  In order to adopt the revised language, it is necessary that a Side Agreement be executed between the Police Collective Bargaining Unit (CBU) and the Township in order to authorize the adoption of the changes to the pension document.  Resolution #4 made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously authorized the execution of the ‘Side Agreement Between the Township of Montgomery and the Montgomery Township Police Officer's Collective Bargaining Unit' as executed by the Collective Bargaining Unit on March 19, 2014.  Resolution #5 made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, amended the Montgomery Township Police Pension Plan to ensure compliance with current law.

            Township Manager Lawrence Gregan reported that at the January 27, 2014 Board of Supervisors meeting the Board authorized the solicitation of Bids for five prime contracts for the construction of an approximately 39,000 square foot Community/Recreation Center to be located at 1030 Horsham Road.  Sealed bids were received on March 6, 2014 at 10:00 a.m. and publicly opened and read.  In total, ten bids were received for General Construction, six for Electrical, seven for Mechanical, with one withdrawal, nine for Plumbing and three for Fire Protection. Resolution #6 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously awarded the bids to the following low bidders:  General Construction, E. R. Stuebner with a base bid of $7,514,000, Electrical Construction, Lenni Electric with a base bid of $919,986, Plumbing Construction, Apex Plumbing with a base bid of $309,500, Mechanical Construction, Worth & Company with a base bid of $530,000 and Fire Protection, Apex Plumbing with a base bid of $99,000.

            Township Manager Lawrence Gregan reported that staff obtained four proposals for Owners Representative Services for the Community/Recreation Center project.  Resolution #7 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously awarded the contract for Owners Representative Services for the Community/Recreation Center building project to J. D. Bravo Company of Malvern, PA as outlined in their proposal for the not to exceed amount of $109,000.

            Director of Planning and Zoning Bruce Shoupe announced that the Shade Tree Commission will be sponsoring its annual event to celebrate Arbor Day on Saturday, April 26, 2014 at the Montgomery Township Building.  Montgomery Township has been named as a 2013 Tree City USA recipient with the presentation of the award during the event.  Resolution #8 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously announced the Arbor Day Celebration on Saturday, April 26, 2014.

            Director of Planning and Zoning Bruce Shoupe reported that Avalon Way, LLC, the applicant for a proposed subdivision of an existing 1.24 acre parcel into two new lots located on Stevers Mill Road in the R-2 Residential Zoning District.  Mr. Shoupe advised that the plan has been reviewed by all of the Township's consultants and found to comply with the Township Zoning and Land Development regulations with eight waiver exceptions.  Jason Smeland, P.E. of Lenape Valley Engineering was present, and stated that the applicant has requested eight waivers, which are recommended by the Township Engineering Consultants, as part of the approval.  The applicant is proposing to provide 11 of the 17 required trees, and making a fee in lieu of payment for the remaining six trees.  Mr. Shoupe reported that there had been a question on the location of a school bus stop and the matter was discussed with Traffic Planning and Design, who determined it was not a problem.  If the location of the bus stop becomes a concern, the matter will be referred to the North Penn School District.  Resolution #9 made by Chairman Joseph Walsh, seconded by Supervisor Candyce Chimera and adopted unanimously, approved the final land development plan for the 127 Stevers Mill Road Subdivision – LDS #671.

            Director of Planning and Zoning Bruce Shoupe reported that BJ's Warehouse is seeking preliminary/final land development plan approval for the store to be located at 640 Cowpath Road within the Five Points Plaza Shopping Center (former American Signature Furniture location).  The plan proposes the expansion of the existing building to a total of 89,732 square feet to accommodate the proposed BJ's Warehouse retail store, adding an additional 2,787 square feet of base building area.  Robert Brant, Esquire was present representing the applicant and reported that the applicant is in agreement to comply with all conditions of the Consultants review letters and has requested thirteen minor waivers which are recommended by the Township's Engineering Consultants.  Resolution #10 made by Chairman Joseph Walsh, seconded by Supervisor Candyce Chimera and adopted unanimously approved the preliminary/final land development plan for Sommerville Montgomery – BJ's Warehouse at 640 Cowpath Road – LDS #673.

            Director of Planning and Zoning Bruce Shoupe reported that Chick Fil A has received final Conditional Land Development approval to construct a 4,900 square foot fast food restaurant that will replace the currently vacant, former K & G retail store on Bethlehem Pike.  One of the conditions is to obtain Act 537 Sewage Facilities planning approval for sewer service to the facility.  The DEP sewage facilities planning module, submitted by the applicant, has been reviewed and recommended for approval by the Montgomery Township Planning Commission.  Resolution #11 made by Chairman Joseph Walsh, seconded by Supervisor Candyce Chimera and adopted unanimously, approved the DEP Sewage Facilities Planning Module for Chick Fil A – LDS #669.

            Director of Planning and Zoning Bruce Shoupe reported that BJ's Wholesale Club has received final Conditional Land Development approval to construct an additional 10,000 square feet onto the existing building formerly occupied by American Signature Furniture.  One of the conditions is to obtain Act 537 Sewage Facilities planning approval for sewer service to the facility.  The DEP sewage facilities planning module has been reviewed and recommended for approval by the Montgomery Township Planning Commission.  Resolution #12 made by Chairman Joseph Walsh, seconded by Supervisor Candyce Chimera and adopted unanimously, approved the DEP Sewage Facilities Planning Module for BJ's Wholesale Club at Five Points Plaza, 640 Cowpath Road – LDS #673.

            Township Manager Lawrence Gregan reported that the Township is obligated to adopt a new Stormwater Management Ordinance by May 22, 2014 in order to comply with the Neshaminy Creek Act 167 Stormwater Plan.  A draft Ordinance has been prepared for advertisement for consideration for adoption at the Boards May 12, 2014 meeting.  The draft ordinance includes provisions for exemption of activities disturbing less than 1000 square feet; small projects regulations and “fee in lieu of” options for projects disturbing less than 5000 square feet.  Resolution #13 made by Supervisor Michael Fox, seconded by Chairman Joseph Walsh and adopted unanimously, authorized advertisement of the Draft Ordinance establishing a Township Stormwater Management Ordinance, subject to final revisions by the Township Solicitor, for consideration at the Board of Supervisors meeting on May 12, 2014.

            Under other business, Township Manager Lawrence Gregan reported that the traffic signal improvements providing left turn controls at the intersection of North Wales and Knapp Roads have been installed and are operational.

            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 9:00 p.m.