MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
NOVEMBER 24, 2014
Chairman Joseph Walsh called the executive session to order at 6:30 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, Shannon Drosnock and Ann Shade.
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, Ann Shade, Stacy Crandell, Kevin Costello, Bruce Shoupe, Brian Forman, Rich Grier and Deb Rivas.
Following the Pledge of Allegiance, Chairman Joseph Walsh called for public comment from the audience.
Mario Cabe of 1008 East Kennedy Road stated that he was a member of the Homeowner’s Association Board for the Montgomery Walk development off of Hartman Road. Mr. Cabe stated that the Montgomery Walk development was built by the Cutler Group and contains over 300 residents in 169 units with a clubhouse. Mr. Cabe said that there are numerous problems with the development that have not been addressed by the Cutler Group, including incomplete work, severe safety hazards in a 55+ residential community, missing trees and bushes that have not survived planting and areas of road uneven and poorly paved. Mr. Cabe said that the residents of this development are respectfully demanding that the Board not release any additional money, bonds, etc. until the work is completed to their satisfaction. Chairman Joseph Walsh stated that he reviewed the materials that were submitted to the Township and had contacted the Cutler Group’s attorney asking him to look into the matter regarding issues at Montgomery Walk. Vice Chairman Michael Fox stated that the Township is legally liable to release certain monies, but will also ask its consultants to review any discrepancies before authorizing the further release of escrow funds. Mr. Cabe inquired if any escrow amounts had been released. Township Manager Lawrence Gregan responded that a Right-to-Know Request had been received from another Montgomery Walk Homeowners Association Board member, Larry Hill, which was responded to and which contains copies of all the escrow releases and other documents requested for this development.
Bruce Greenwalt, President of the Montgomery Walk Homeowners Association, stated that eight courtyards have not been paved and these were supposed to have been paved within six months, but this was over three years ago. Mr. Greenwalt inquired as to how the escrow amounts were released. Chairman Joseph Walsh asked Bruce Shoupe to sit down with the Homeowners Association Board and sort through the various releases that have been made.
Mary Brower of 118 Lincoln Drive and her son, Daniel, spoke about a fall which occurred as a result of the edge of the driveways disintegrating and the curbing coming loose. Ms. Brower tripped over stones and fell down on her face, receiving black eyes and face bruises. She said that she had moved into the 55+ development for safety reasons. She personally called David Cutler and left four to six voicemail messages with someone in his office and never received a response. Ms. Brower said two weeks after her fall, the entire street and driveway entrances were paved. However, the streets are still crumbling and she continues to scrape her car on the bottom of her driveway. She continues to have major safety concerns. Chairman Joseph Walsh apologized to Ms. Brower for the experience she had and the lack of response from the Cutler Group. Chairman Walsh reiterated that the Cutler Group was contacted about these issues and they will be addressed.
Township Solicitor Frank Bartle, Esquire reported that the Board had met in an executive session earlier in the evening at 6:30 p.m. to discuss two personnel matters, on potential litigation matter, one litigation matter which was Maria Brogan vs. Montgomery Township et al., and the Wilkerson Five Point Limited Partnership Zoning Hearing Board case. Mr. Bartle stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.
Chairman Joseph Walsh made a motion and Vice Chairman Michael Fox seconded the motion to approve the minutes of the November 10, 2014 Board meeting. The minutes of the meeting were unanimously approved as submitted.
Director of Fire Services Richard Lesniak announced the resignation of part-time firefighter David Gallagher. Mr. Gallagher worked for the Department of Fire Services on a part-time basis since September 21, 2007. His separation was effective September 30, 2014. The Township is appreciative of his service and wishes him well in his future endeavors. Resolution #1 made by Chairman Joseph Walsh, seconded by Vice Chairman Michael Fox and adopted unanimously, recognized the resignation of David Gallagher from his position as Firefighter Part-Time with Montgomery Township.
A public hearing for a liquor license transfer for GBB NE Coast, LLC – Grub Burger located at 230 Montgomery Mall was opened at 8:30 p.m. Notes of testimony were taken by Court Reporter Mark Manjardi. Mark Kozar, Esquire of Flaherty & O’Hara and Kevin Cross of GBB NE Coast, LLC were present. Grub Burger will be operating a restaurant at Montgomery Mall, and their intent is to sell alcohol at the restaurant as a compliment to the food. Mr. Kozar reviewed the qualifications necessary to permit a transfer of a liquor license from another municipality. Mr. Kozar also presented the concept of the Grub Burger family restaurant. The hearing concluded at 8:42 p.m. Resolution #2, made by Chairman Joseph Walsh, seconded by Vice Chairman Michael Fox and adopted unanimously, approved the transfer of liquor license to GBB NE Coast, LLC – Grub Burger, to be located at 230 Montgomery Mall, Montgomery Township, Pennsylvania.
Director of Finance Shannon Drosnock presented the 2015 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 2015 reflect a 6.49% increase over 2014. General Fund Revenues consist of the real estate mileage remaining at 1.49 mills in 2015 and over 75 percent of residential property owners are participating in the Homestead Exclusion which was implemented in 2003. Total Expenditures for 2015 show a 6.67% 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, 2014. Resolution #3 made by Vice Chairman Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, adopted the 2015 Preliminary Budget for all funds and set Monday, December 15, 2014 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 2015 Final Budget.
Director of Finance Shannon Drosnock reported that Montgomery Township has received the Certificate of Achievement in Financial Reporting from the GFOA for the fiscal year ending on December 31, 2013. This is the fourth consecutive year that the Township has achieved this award, which recognizes the Township efforts to present its residents with an outstanding Annual Financial Report. The Board expressed congratulations on achieving this award and thanked Ms. Drosnock for her efforts in the preparation of the CAFR Report.
Director of Finance Shannon Drosnock reported that the Minimum Municipal Obligation calculation has determined that for 2015, a combination of State Aid, Township contributions and Police Officer contributions will be required to meet the funding obligations of the Plan and keep the pension fund actuarially sound. Resolution #4 made by Vice Chairman Michael Fox, seconded by Supervisor Candyce Chimera and adopted unanimously, requires Police Officer contributions to the Police Pension Plan in the amount of 5% of Base Salary, Longevity and Holiday pay for the year 2015 and direct that notice of contribution be provided to the representatives of the Police Collective Bargaining Unit.
Director of Public Works Kevin Costello reported that six bids were received for the Winter Drive Twin Pipe Repair project which involves the removal of existing twin 72” Corrugated Metal Pipe (CMP) Drainage culverts and the installation of new twin 60” Density Polyethylene (HDPE) drainage culverts and associated construction work. Township Engineer Gilmore & Associates has reviewed the bids and recommends awarding the contract to Wexcon, Inc., Mohrsville PA, based on their low bid of $200,475. Resolution #5 made by Vice Chairman Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, awarded the contract for the Winter Drive Twin Pipe Repair Project to Wexcon, Inc. based on their low bid of $200,475.
Director of Planning and Zoning Bruce Shoupe requested authorization to purchase a handheld GPS system to assist in collecting various information on Township owned assets such as stormsewer inlets, outflow structures, centerline of drainage swales, limits of Township owned stormwater basins, traffic signal standards, highway road signs, cross walks, stop bars, handicap ramps, forestry management, street trees, shade trees and various amenities of the Township Park System. With the assistance of the Township’s GIS Consultant, this information can be migrated into the existing Township’s GIS software, thereby updating the various map layers utilized by staff. Resolution #6 made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, awarded the contract for the purchase of a hand held GPS unit to Trimble Navigation LTD, an authorized vendor under the Pennsylvania Cooperative Purchasing Program at a cost of $12,196.00 and from Carrigan Geo Services; $600 for software setup, staff training and data migration support.
Director of Fire Services Richard Lesniak requested the Board’s authorization to submit applications to the Assistance to Firefighters Grant which is sponsored by the U.S. Department of Homeland Security. The goal of the grant is to enhance, through financial assistance, the safety of the public and firefighters regarding fire and fire-related hazards. In an effort to receive more favorable consideration, the Hatboro, Horsham and Montgomery Township Fire Departments are requesting authorization to submit a regional grant application to purchase new radios required to operate on Montgomery County’s upgraded system. The Department of Fire Services is also requesting authorization to submit an individual application to replace approximately 7,250 feet of aging fire hose. Resolution #7 made by Supervisor Candyce Fluehr Chimera, seconded by Vice Chairman Michael Fox and adopted unanimously, approved the submission of a regional grant application in the amount of $175,000 for the purchase of forty-six (46) radios and an individual grant application in the amount of $40,000 for the purchase of approximately 7,250 feet of varying size hose.
Resolution #8 made by made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, approved the construction escrow release #2 for LDS #671 for 127 Stevers Mill Road in the amount of $10,122.00.
Resolution #9 made by made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, approved the construction escrow release #2 for LDS #667 for the Goodwin Tract at 131 Stevers Mill Road in the amount of $1,300.00.
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.
Under other business, Chairman Joseph Walsh made a motion, #10, to authorize the Township Solicitor to oppose the Zoning Hearing Board application for Wilkinson Five Point Ltd Partnership – 640 Cowpath Road – BJ’s Gasoline Sales, and to enter an appearance to defend the Township’s position. Supervisor Robert Birch seconded the motion and it was approved unanimously.
Also, under other business, the Montgomery Township Municipal Sewer Authority is requesting a waiver of permit fees for the construction of a pole barn structure at the Eureka Treatment Plant. Resolution #11 made by Chairman Joseph Walsh, seconded by Vice Chairman Michael Fox and adopted unanimously, approved the request of the Municipal Sewer Authority to waive the permit fee of $575.38 for the construction of a pole barn structure at the Eureka Treatment Plant.
Further, under other business, Township Solicitor Frank Bartle reported that the Township previously authorized the acquisition by condemnation of the 51.52 acre parcel of property located at 1216 Stump Road owned by the Zehr Family Partnerships No. 1 & 2. The Township is required to put into escrow the amount of Estimated Just Compensation that it thinks is the fair market value for the property. The Township did obtain an appraisal on the property and has subtracted from that number the projected costs for remediation of the property to make sure that it is in compliance with environmental regulations. The Township has also subtracted the unpaid real estate taxes on the property. The net result is a figure of Estimated Just Compensation of $1,533,958.00. This is the amount that will be paid to the Condemnee. The motion also authorizes the Township to pay the real estate taxes on the property. Resolution #12 made by Supervisor Robert Birch, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized payment of the Estimated Just Compensation to the Zehr Family Partnerships No. 1 & 2 in the amount of $1,533,958.00 in connection with the condemnation of the property; and further directed the Township Finance Director to remit payment of Delinquent School District, County and Township Real Estate Taxes, including Penalty and Interest, for the years 2011 through 2013 in the amount of $158,330.30 and payment of School District, County and Township Real Estate Taxes for the year 2014 in the amount of $47,311.43.
Lastly, under other business. Township Manager Lawrence Gregan reported that it has been recommended by the lighting consultant for the Architect of the Recreation and Community Center that the Township consider changing the proposed lighting in the Gymnasium area from the currently specified Metal Halide bulbs to LED’s. The equipment/installation cost for this lighting would add a cost of $12,628.00. The Township’s consultant is recommending that the Township consider this change order favorably for the LED lighting. Resolution #13 made by Supervisor Robert Birch, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved Change Order Electrical #006 to change the Gym Lighting to LED lights at a cost of $12,628.
There being no further business to come before the Board, the meeting adjourned at 9:08 p.m.