MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
SEPTEMBER 8, 2014
Chairman Joseph Walsh called the executive session to order at 6:00 p.m. In attendance were Supervisors Michael Fox, Robert Birch, Candyce Fluehr Chimera and Jeffrey McDonnell. Also in attendance were Frank Bartle, Esquire and Lawrence Gregan.
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, Rick Lesniak, Shannon Drosnock, Stacy Crandell, Kevin Costello, Bruce Shoupe, Rich Grier, Kelsey McMeans and Deb Rivas.
Following the Pledge of Allegiance, Chairman Joseph Walsh called for public comment from the audience. John and Maureen Mirabella of 104 Churchill Circle expressed their disappointment and frustration over the Board’s failure to protect and preserve the Township owned open space behind their home and asked the Board to reconsider its position and take its responsibility to protect the environment seriously. Mr. Mirabella stated that behind their home there is a ribbon of wooded land that separates two residential neighborhoods from the Eureka Waste Water treatment plant. This ribbon of land is Township owned and he claimed is designated as wetlands, lies within the 100 year flood plain, is designated in the Township’s Open Space Plan as permanently preserved and also described in the Open Space Plan as environmentally vulnerable. Mr. Mirabella further stated that over the past two years, at least two neighbors have been cutting, clearing and mowing 1/2 to 2/3 of an acre of this open space, violating Township ordinances. The Township has sent letters telling these residents to stop mowing the open space and the neighbors have ignored them. This tract of land is supposed to be a wooded buffer and the residents have asked the Township to cut down trees that they say are dead. Mr. Mirabella said that he understood the reluctance to cite the residents, however, the Board has other tools available to protect this open space. Mr. Mirabella concluded by stating that he was respectfully asking the Board to reconsider their decision.
Mrs. Mirabella stated that they have lived in the Township for over 20 years and absolutely love living here as they raise five children. Mrs. Mirabella stated that they care about the long term implications of encroaching on open space. She is hoping that the Board will take this situation seriously as it matters very much to all of the residents of the Township. Chairman Walsh stated that the assessment regarding the cutting of the dead trees was made by our Public Works Department crew. Township staff visited the site, including Township Manager Lawrence Gregan, Public Works Director Kevin Costello and Planning Director Bruce Shoupe. It was the consensus of staff that it did not appear to be much of an encroachment into the open space. Chairman Walsh also stated that the Township is keeping a close eye on this situation. Warnings have been sent to the neighbors and the Planning and Public Works Departments are keeping an eye on the creeping that has been discussed. If the situation continues to worsen, Chairman Walsh asked that the Mirabellas make the Township aware of that as well. Chairman Walsh said that the Township appreciates their concern of preserving and protecting the open space and asked the staff to work with the Shade Tree Commission to see if there are options for planting trees in that location to increase the buffer between the residential neighborhood and the sewer treatment plant.
Township Solicitor Frank Bartle, Esquire reported that the Board had met in an executive session earlier in the evening at 6:00 p.m. to discuss a personnel matter. Mr. Bartle reported that this matter is a legitimate subject of executive session pursuant to Pennsylvania’s Sunshine Law.
Chairman Joseph Walsh made a motion and Supervisor Michael Fox seconded the motion to approve the minutes of the August 25, 2014 Board meeting. The minutes of the meeting were unanimously approved as submitted.
Chief of Police Scott Bendig introduced the Township’s two new Recruit Police Officers, Craig Scully and Matthew Seydel. Mr. Scully and Mr. Seydel were selected as the top two candidates from a recruiting process that included a written examination, a physical agility test, police oral review board, a background investigation, including a polygraph examination, neighborhood interviews, employer interviews, and a Public Safety Committee oral interview. Resolution #1 made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, appointed Craig Scully and Matthew Seydel to the positions of Recruit Police Officers in the Montgomery Township Police Department, effective September 9, 2014.
Police Chief Scott Bendig reported that the Police Department’s Canine Unit is anticipating the retirement of Canine Jammer from police service. Canine Jammer is an 11 year old German Shepherd trained in both drug detection and patrol work. Canine Jammer has been serving the Township since 2005. Upon learning of Jammer’s impending retirement, District Attorney Risa Vetri Ferman expressed her willingness to financially assist our Department in the purchase and training of a new canine and has made a contribution in the amount of $15,000.00 to cover the cost for the purchase and training of a new canine in 2015. Resolution #2 made by Supervisor Robert Birch, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the acceptance of the donation for the Montgomery Township Police Department’s Canine Unit from Montgomery County District Attorney Risa Vetri Ferman and express our appreciation of her support of our community.
Planning Director Bruce Shoupe reported that the Shade Tree Commission received eleven “Legacy Tree” nominations over the past two years. The purpose of the program is to foster appreciation for, educate, and inspire awareness of the contribution that trees make to the Township; including, but not limited to environmental, aesthetic, cultural, and historical contributions. Mr. Shoupe reviewed the various trees that were nominated and announced that the Shade Tree Commission had selected the White Oak located at 1008 Knapp Road and nominated by George & Joanne Hart as the “Champion Tree of Montgomery Township”. Shade Tree Commission Chairman Roy Rodriguez suggested that the list of Legacy Trees be preserved in a time capsule that could be placed in the cornerstone of the new Recreation and Community Center. Resolution #3 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, recognized the nominations presented as Legacy Trees and named the White Oak located at 1008 Knapp Road as the Champion Tree of Montgomery Township.
Assistant to the Township Manager Stacy Crandell provided highlights and a summary of the activities relative to the upcoming 300th Community Day event. The event will take place on Saturday, September 20, 2014 from 12:00 p.m. to 9:00 p.m. at the William F. Maule Park at Windlestrae. The event will include vendors, food concession vendors, amusement rides, a corn maze, Fire and Police demonstrations, hay rides, pony rides, petting zoo, pumpkin decorating, karate demonstrations, scarecrow making, a disc jockey, carnival games and musical performances throughout the day. The event will end with an impressive fireworks display to honor the Township’s 300th Anniversary. Supervisor Michael Fox recognized and thanked Chairman Joseph Walsh for his leadership on the 300th Anniversary Committee. Chairman Joseph Walsh also recognized Stacy Crandell, Sharon Tucker and other Township staff for their hard work on all the 300th Anniversary events.
Chairman Joseph Walsh reported that it is the annual practice of the Board of Supervisors to assist in the financial underwriting of the Autumn Festival (Community Day) by transferring budgeted monies from the General Fund to the Autumn Festival Fund. The $7,000 transfer supports the budgeted revenue and donations which cover the 2014 expenditures for the event currently budgeted at $25,600. Resolution #4 made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the transfer of $7,000 from the General Fund to the Autumn Festival Fund.
Assistant to the Township Manager Stacy Crandell reported that the Township has been in negotiations with Comcast over the past year for the renewal of the Comcast Cable Franchise Agreement. The Township has reached a tentative agreement and is requesting the Board adopt Ordinance #14-281 – Authorizing the Execution of Renewal of the Comcast Franchise Agreement. The term of the agreement will be 10 years and will expire in September, 2024. The franchise fee will remain at 5% and will be paid to the Township within 45 days after the end of each quarter. The Educational and Governmental Support Grant ($26,862) will be paid to the Township within three months of the effective date of the agreement. Resolution #5 made by Supervisor Robert Birch, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved Ordinance #14-281 – Authorize the Execution of Renewal of the Comcast Franchise Agreement.
Chairman Joseph Walsh reported that the Municipal Sewer Authority has submitted a request to the Township to increase the rate that is paid to each Authority Board member attendee from $50 to $100/meeting attended. Chairman Walsh reported that the additional compensation rate would be the responsibility of the Authority and that the current Authority Board members would not be eligible for the new compensation rate until their current appointment terms have expired and they have been reappointed. Resolution #6 made by Supervisor Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the adoption of Ordinance #14-282 – Increase Compensation for Municipal Sewer Authority Board Members from $50 to $100 per meeting attended.
Township Manager Lawrence Gregan reported on the progress of the construction of the new Recreation and Community Center. Mr. Gregan reported on key dates such as the Groundbreaking Ceremony on June 26th, the beginning of site grading and blasting work on July 25th, the delivery of steel to the site on August 7th, the completion of the footings and foundation on August 22nd, and the start of the foundation walls on August 29th. Mr. Gregan also reported that construction of the steel frame of the building is scheduled to start on September 9th. The project has been moving along schedule and the weather has been very cooperative. The building is on schedule for completion in June, 2015. Mr. Gregan will provide monthly updates to the Board as the project continues.
Director of Finance Shannon Drosnock 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 #7 made by Supervisor Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, accepted the 2015 MMO for the Montgomery Township Police Pension Fund in the amount of $751,249 and the 2015 MMO for the Montgomery Township Non-Uniform Employee Pension Fund in the amount of $257,336.
Resolution #8 made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the construction escrow release #4 for LD/S #653B for Montgomery Knoll – Phase IB in the amount of $12,190.50.
Supervisor Michael Fox made a motion to approve the payment of bills. Chairman Joseph Walsh 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 8:50 p.m.