MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

JUNE 9, 2014

 

            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 Robert Iannozzi, Esquire, Lawrence Gregan, Chief J. Scott Bendig, Rick Lesniak, Shannon Drosnock, Ann Shade, Stacy Crandell, Kevin Costello, Bruce Shoupe, Richard Grier, Kelsey McMeans 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 made a motion and Supervisor Michael Fox seconded the motion to approve the minutes of the May 27, 2014 Board meeting.  The minutes of the meeting were unanimously approved as submitted.

            Director of Finance Shannon Drosnock reported that the Township has received a letter of resignation from Finance Committee member, Joseph Kobulsky.  Mr. Kobulsky has served on the Finance Committee since 2012 and was an integral part of the Committee’s recommendations for consultant services such as investment management and audit of the Township’s financial statements. He will be greatly missed.  Resolution #1 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, accepted the letter of resignation from Finance Committee member Joseph Kobulsky.

            Police Chief Scott Bendig introduced new employee Jessica Christie who joined the Montgomery Township Police Department as a Police Dispatcher on May 30, 2014.  Jessica comes to the Township with a solid communications and customer service background.  She previously served as a dispatcher with the Montgomery County Department of Public Safety and as a sales manager with Lowe’s Home Improvement.  Resolution #2 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, welcomed new employee Jessica Christie to the Township in her new role as a Police Dispatcher.

            Chief Scott Bendig announced the retirements of Officer Mark Webster and Detective Edward Davies from the Montgomery Township Police Department.  Officer Webster began his 36 year career with the Montgomery Township Police Department as a police dispatcher in June of 1978.  In June of 1979, Mark Webster was appointed to the position of police officer.  During his career, Officer Webster has served many positions within the Department and has received twenty-three departmental commendations for his actions as an officer.  Detective Edward Davies began his 29 year career with the Montgomery Township Police Department in July, 1985.  Detective Davies was assigned to the Detective Division shortly after his arrival to the Police Department and has served many positions within the Department.  During his career, Detective Davies has received sixteen departmental commendations for the numerous robberies, burglaries and other crimes he has investigated throughout his career.    Chief Bendig stated that Officer Webster and Detective Davies have shown exemplary dedication and professionalism in their service to the residents, businesses and coworkers of our community.  Their expertise, hard work and leadership will be sorely missed.  Resolution #3 made by Supervisor Robert Birch, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, recognized Officer Mark Webster and Detective Edward Davies and expressed gratitude to them for their dedication and faithful service to the Montgomery Township Police Department and the residents of our community.

            Director of Planning Bruce Shoupe introduced land development plan LDS #674 for the construction of an influent flow equalization tank system by the Montgomery Township Municipal Sewer Authority at its Eureka Sewage Treatment Plant at 1485 Lower State Road.  The Municipal Sewer Authority’s Engineer, Tom Zarko, P.E., presented the plan which proposes the construction of the system at the plant, which will be used to store excess sewage influent during significant rainfall events.  The plan proposes the construction of the 23.4 ft. high by 140 ft. diameter tank to be located in the area of the existing stormwater detention basin.  Mr. Zarko stated that the stormwater runoff that was previously discharged through the basin will be redirected toward the Little Neshaminy Creek.  Township staff and consultants have reviewed the plan for compliance with Township codes.  Resolution #4 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved LDS #674 Preliminary/Final Land Development Plan for the Montgomery Township Municipal Sewer Authority Influent Flow Equalization Tank System, subject to conditions and waivers detailed in the resolution.

            Township Manager Lawrence Gregan reported that the Montgomery Township Baseball Softball Association (MTBSA) is requesting permission to install and operate a public address system on the Connie Mack Field at Windlestrae Park.  This matter was first discussed at the Park and Recreation Board meeting on April 23, 2014 at which time the MTBSA was asked to submit a proposal on the use of the system.  At a subsequent Park and Recreation meeting on May 28, 2014, concern was raised by a resident from the adjoining neighborhood regarding the use of the system and level of sound from the system.  Mr. Gregan stated that the matter was being brought before the Board of Supervisors for discussion on the request and policy for its use.  Sandra Watson of 672 Boxwood Terrace stated that she has lived in Montgomery Township for 17 years and that she loves living in the Township.  Ms. Watson said that she is against the use of the sound system and does not understand why it needs to be used at the park.  She finds it to be intrusive not only to herself, but others who use the park or live nearby.   Ms. Watson is also upset about the music that is being played and she stated that the park rules indicate that there should be no disturbing of the peace.  In her opinion, the sound system does disturb the peace in the park and the neighborhood and she does not understand why a group of teenagers gets to dictate what happens in the park. 

             Chairman Walsh thanked Ms. Watson for her comments and explained that after speaking to the leadership of the MTBSA, he understands that the intent of the sound system is to enhance the experience for the older ball players.  Mr. Walsh further stated that Windlestrae Park and the Connie Mack Field are the flagship park and field for the Township and many kids would love to be able to play on a field of that caliber.  In his opinion, the sound system enhances the experience, allowing the players to feel like they are playing in the big leagues.  He noted that Park Board member Tony Ruggeri had visited Ms. Watson’s home and listened to the sound system and music and Mr. Ruggeri did indicate that the sound does carry to Ms. Watson’s home. 

              Supervisors Fox, Chimera, Birch and McDonnell also indicated that they were in favor of having the sound system for the ball players, but agreed that specific guidelines should be put in place to reduce any disruption to the neighborhood surrounding the ball field.  All parties agreed that it was a personal thing, a matter of perception as to whether or not the sounds of summer baseball were intrusive.  Ms. Watson repeated that it was the sound system and the music that bothered her.  In addition, Ms. Watson said that there was music being blasted from the snack stand. 

              Park and Recreation Board Member Tony Ruggeri stated that the music would be played between innings, not after every play, and that he did visit Ms. Watson’s home and he could hear music and announcing coming from the ball field, but he did not find it personally to be intrusive.  Mr. Ruggeri stated that the MTBSA is working on moving the speakers to try to make the sound less intrusive and that the system would be tested after the speakers are moved.  James Earley, 122 Claremont Drive, a member of the Park and Recreation Board commented that in his opinion the public address system does enhance the player experience by having your name announced as you come up to bat.  He also stated that listening to music between innings is a fun experience for the players and audience.  Mr. Earley also said that he thought Ms. Watson had a very good point and that it should be considered that she does live across the street from the field, and that there should be some type of compromise position.  Mr. Earley suggested that the system should be put in place, with guidelines, for a period of one year and that the Park and Recreation Board revisit the situation next year.  This would provide the Township and the neighbors the opportunity to hear the announcements and music for a year and then reconsider next year if the use is disturbing the peace.  The consensus of the Board was that the sound system should be allowed for a period of one year, on a trial basis, and that it should be re-evaluated in the Spring of 2015.  The Park and Recreation Board should place the review of the sound system on their agenda for a Spring 2015 meeting.  Chairman Walsh asked Mr. Ruggeri and Mr. Earley to visit during games and to provide feedback to the Board.  Chairman Walsh made a motion to approve the use of a public address system on the Connie Mack Field at Windlestrae Park with the following rules to be put in place:

  • The public address system may only be used for MTBSA on the Connie Mack Field for opening day ceremonies, tournaments, home run derby and regular season games on Monday through Saturday.
  • The public address system may not be used on Sundays.
  • Use of other public address systems shall not be permitted without Township approval.
  • Use of the public address system by groups and organizations other than MTBSA will require approval by the Township.  A written request must be received from the group and at least 7 days prior to the event. 
  • Announcers will only announce the player coming to bat, the pitcher, and the score between innings.
  • Announcers may do play-by-play or make comments.
  • Broadcasting of music is permitted between innings and includes the National Anthem.
  • The public address system must be turned off at the conclusion of the last game or no later than 9:00 p.m.
  • The public address system may not be used before 9:00 a.m.
  • The public address system shall only be operated by an adult.
  • The public address system speakers shall not be directed out towards the adjoining Village of Neshaminy Falls residential neighborhood.
  • The volume of the system will be set to level XX, so that is does not extend beyond the outfield fence line.  Volume level XX will be determine after the speakers are adjusted away from the residential neighborhood.

              Supervisor Michael Fox seconded the motion and it was approved unanimously.  Ms. Watson asked Police Chief Scott Bendig if he has a definition for disturbing the peace.  Chief Bendig indicated that it would be in the Township’s ordinance and that is what the Police would refer to.  Ms. Watson concluded her comments by stating that she is an activist and has been one her whole life.  She said she cleared baseball fields in Philadelphia growing up so she could play and she went to Connie Mack with her Dad.  She loves baseball.  However, if the sound system disturbs her peace, she advised that she will call Action News.  Ms. Watson said she would go all out if this continues to disturb her and she cannot sit on her deck and have the peace that she pays her taxes for because her mental health is more important than a 14 year old.

              Director of Planning Bruce Shoupe presented the written Decision and Order for the conditional use application of Integral Development Associates for a change in the retail use permitted at 976 Bethlehem Pike.  On April 28, 2014, the applicant was granted conditional use approval to convert the former Lane Furniture Store to “The Tile Shop”.  Pursuant to the Municipal Planning Code, the Solicitor has prepared a formal decision and order memorializing the Board’s approval of the requested conditional use.  Resolution #5 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the Memorandum, Findings of Fact, Opinion and Order regarding the Conditional Use application of Integral Development Associates, for 976 Bethlehem Pike for the leasing of a specialty retail store, The Tile Shop.

              Director of Planning Bruce Shoupe reported that the Township/Township Sewer Authority is required to comply with the “Categorical Pre-Treatment Standards” established by the Borough of Ambler for industrial sewage discharged to the Ambler Plant.  Mr. Shoupe explained that sewage from some properties in the Township discharge to the Ambler Borough Wastewater Treatment Plant.  The Township has been advised by Ambler Borough that it has been required by the EPA to adopt more stringent standards and as such is required to amend its Sewer Ordinance to adopt these updated limits on specific Toxic Pollutants being discharged to their Treatment Plant.  In order to comply, the Township Solicitor has prepared a proposed Ordinance #14-280 amending the Township Code to adopt the updated local discharge limits for the Ambler Treatment Plant.  Resolution #6 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of the proposed Ordinance for consideration for adoption at the Board of Supervisors meeting on July 14, 2014.

              Chairman Joseph Walsh reported that both the Bucks County and Montgomery County Planning Commissions have undertaken an effort to have the former U.S. Route 202 (Doylestown Road/Butler Avenue) designated as “U.S. Business Route 202” to help improve or maintain commerce and industry for businesses that abut and are in the vicinity of these roads.  Resolution #7 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, adopted the formal resolution to designate Doylestown Road/Butler Avenue as “U.S. Business Route 202”.

              Resolution #8 made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the escrow release #4 in the amount of $149,155.50 for LDS#660 Simon Property – Wegmans Development.

              Resolution #9 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, approved the waiver of a permit fee for a special event for Mary, Mother of the Redeemer Catholic Church 5K Run.

              Supervisor Robert Birch 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 9:03 p.m.