MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
DECEMBER 15, 2014
Chairman Joseph Walsh called the executive session to order at 7:30 p.m. In attendance were Supervisors Robert Birch, Candyce Fluehr Chimera, Michael Fox and Jeffrey McDonnell. Also in attendance were Frank Bartle, Esquire, and Lawrence Gregan.
Chairman Joseph Walsh called the action meeting to order at 8:05 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.
Michael Klein of 167 Jonathan Drive presented handouts to the Board of Supervisors and stated that he was there to speak on behalf of his neighbors who live on Jonathan Drive. Mr. Klein said that he and his neighbors were invited by the Westrum Development Company to attend a neighborhood meeting to educate them on a proposed development of the 10 acre parcel of land located behind the homes on the west side of Jonathan Drive. Mr. Klein said that the presentation felt condescending and was presented as if the developer were doing the residents a favor by hosting the meeting. The developer explained that the parcel of land was zoned LI – Limited Industrial and presented a concept drawing of what was permitted to be built on the site such as a storage facility with storage containers stacked up next to the rear of the properties on Jonathan Drive. Mr. Klein stated that the developer explained that they could have the parcel rezoned and that they proposed to build a four story apartment building, which in the developer’s opinion, would be a much better deal for the residents. The information handouts provided by the developer used the Montgomery Township logo and indicated that residents should contact Township Manager Lawrence Gregan to express their support of the four story apartment building. Mr. Klein and his neighbors wanted to make the Board aware of the meeting and to express their concerns regarding the construction of an apartment building. Chairman Joseph Walsh and Vice Chairman Michael Fox explained to the residents that the Township is not aware of any plans to building anything on the 10 acre parcel at this time. The developer has not submitted an application or any plans to the Township. The Board commented that the Township currently has enough apartment buildings and that they have already said no to any more proposed apartment developments in the Township. Supervisor Robert Birch asked Township staff to contact the developer and insist that they stop using the Township’s logo on their presentation materials.
Fred Pereira of 147 Jonathan Drive stated that the developer said that they could get the zoning changed if the residents were in favor of the development and the neighbors would help plan on how their backyards would look. Mr. Pereira said that it appeared to the residents as if the Township had given this project a stamp of approval.
Michael Klein asked that the record show that his neighbors attended this Board meeting and Chairman Joseph Walsh asked for a show of hands of those in attendance who were not in favor of the development of an apartment building. A significant number of hands were raised. The public comment register showed the following residents were in attendance at this meeting and not in support of the development of an apartment building: Natalie & Jon Wagenhoffer of 145 Jonathan Drive, Kevin & Jennifer Kowalick of 108 Windsor Circle, Beth & Louis Lepold of 105 Windsor Circle, Fred & Sarah Pereira of 147 Jonathan Drive, Frank & Alana Paviglianiti of 106 Windsor Circle, Robert & Nancy Katof of 165 Jonathan Drive, Abraham Mair of 136 Jonathan Drive, Raj & Hiral Bockhara of 175 Jonathan Drive, Ashok & Manjula Miryalkar of 151 Jonathan Drive, Mahbubur Meenar & Sharmin Yesmin of 149 Jonathan Drive, Pheng Heng of 153 Jonathan Drive, Charles Tomlinson of 104 Windsor Circle, Karen Toub of 163 Jonathan Drive, Anthony Gamza of 157 Jonathan Drive, Lisa & John Forte of 159 Jonathan Drive, the Gonzalez Family of 173 Jonathan Drive, and Kristen Voltz of 169 Jonathan Drive.
Township Solicitor Frank Bartle, Esquire reported that the Board had met in an executive session earlier in the evening at 7:30 p.m. to discuss two matters. The first was a potential litigation matter, and the second was a litigation matter pertaining to Lesinski vs. Montgomery Township et al., which is a Federal Court matter. 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 24, 2014 Board meeting. The minutes of the meeting were unanimously approved as submitted.
Director of Recreation and Community Center Brian Forman reported that the 11th Annual Holiday Lights contest had recently concluded and the winners were ready to be announced. Six families decorated their homes and participated in the contest this year. The winners were Most Colorful – 104 Fairview Drive, Most Traditional – 127 Oxford Lane, Most Variety – 134 Thames Drive and Grand Prize Winner Car Stopper – 17 Spur Road. Resolution #1 made by Supervisor Candyce Fluehr Chimera, seconded by Vice Chairman Michael Fox and approved unanimously, recognized the winners and participants in the 2014 Holiday Lights Contest.
Director of Fire Services Richard Lesniak announced the resignation of part-time firefighter William Norris. Mr. Norris worked for the Department of Fire Services on a part-time basis since May 3, 2012. His separation was effective November 24, 2014. The Township is appreciative of his service and wishes him well in his future endeavors. Resolution #2 made by Chairman Joseph Walsh, seconded by Vice Chairman Michael Fox and adopted unanimously, recognized the resignation of William Norris from his position as Firefighter Part-Time with Montgomery Township.
Item number 8, Consider Proposed Ordinance #14-284Z – Zoning Text Amendment – R3B Qualified Residential Zoning District – Enclave at Montgomery, was removed from the agenda at the request of the applicant.
Municipal Sewer Authority Manager Karen Koerwer presented the 2015 Sewer Authority Budget. The Budget is balanced and does not propose a rate increase again for 2015. The 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 #3, made by Supervisor Jeffrey McDonnell, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the Montgomery Township Sewer Authority Budget for the fiscal year 2015.
Municipal Sewer Authority Manager Karen Koerwer reported that the operating agreement between the Township and the Authority requires Board approval of all Tapping Fee Agreements entered into by the Montgomery Township Municipal Sewer Authority during 2014. Resolution #4, made by Vice Chairman Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the following Montgomery Township Municipal Sewer Authorities Tapping Fee Agreements with TD Bank, Burger King, Montgomery Preserve Phase II, Warrington, 131 Stevers LLC, Avalon Way, LLC, Torre, Kidde Academy, Huber, Chick Fil A, Select Properties, RD Management (BJs) and Smith Residence.
Director of Finance, Shannon Drosnock presented the final 2015 Montgomery Township Budget. She reported that the Board had held four public workshop meetings on the budget and approved the Preliminary Budget on November 24, 2014. 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 approved preliminary Budget. Resolution #5, made by Supervisor Robert Birch, seconded by Supervisor Candyce Fluehr Chimera, and adopted unanimously, adopted the 2015 Montgomery Township Budget as presented on November 24, 2014. Resolution #6, made by Chairman Joseph Walsh, 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 2015 at $30,000. Resolution #7, made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, established the street light assessments for 2015.
Director of Finance Shannon Drosnock reported that the process to define, solicit, review and select an Enterprise Resource Planning (ERP) software solution to administer the Township’s business processes and financial records has been completed. An evaluation team consisting of 12 staff members representing six Township departments followed an extensive six month search and evaluation process. The evaluation team is recommending the acquisition and implementation of the BS&A Software System to replace the current Pentamation system. The Board announced that they had reviewed the report submitted and were very satisfied with the detailed process that was followed to make the selection. Ms. Drosnock was asked why she thought this selection was the best one. Ms. Drosnock said that she was confident that this software will greatly improve the Township’s processes. The software includes a robust interface with Microsoft products, extensive search capabilities, interface with outside modules, an annual maintenance program, unlimited support and all updates are included with the annual program. Technology Manager Richard Grier reported that a significant amount of time was spent reviewing each of the Township’s needs against the products, with many staff members involved. The BS&A product outshined the others with its capabilities and platform. Vice Chairman Michael Fox stated that he was comfortable with the decision based on those endorsements. Resolution #8 made by Vice Chairman Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized staff to execute an agreement with BS&A Software for the purchase of Enterprise Resource Planning software and the associated costs of implementation in the amount of $287,590 as described in the attached proposal dated November 13, 2014.
Director of Finance Shannon Drosnock reported that the Township currently collects a Local Services Tax (LST) on each person employed in the Township. The tax is collected by the employer through the payroll process and the employer is responsible for remitting it to the Township Business Tax Office. The Earned Income Tax is also collected through the payroll process and remitted by the employer. The Earned Income Tax is collected by Berkheimer through the Tax Collection Committee (TCC) of Montgomery County. The TCC has negotiated in their contract with Berkheimer, a collection rate of 1.75% for the collection of the Local Services Tax for a period of three years for any municipality in Montgomery County who chooses to utilize Berkheimer for this service. Combining the collection of both payroll taxes with one collector would minimize confusion among the Township businesses and maximize efficiency in the collection process. The approximate cost of outsourcing the collections to Berkheimer is $13,000. Resolution #9 made by Vice Chairman Michael Fox, seconded by Chairman Joseph Walsh and adopted unanimously, adopted Resolution #9-1 which authorized the execution of an agreement with Berkheimer, to be retained as the Tax Officer for collection of Montgomery Township Local Services Tax; Resolution #9-2 appointed the Township Finance Director as the liaison between Montgomery Township and Berkheimer, the duly appointed collector of Local Services Tax for the Township, for the express purpose of sharing confidential tax information for official purposes; and Resolution #9-3 authorized Berkheimer, Inc., pursuant to Act 192 of 2003-2004, to impose and retain costs of collection on Delinquent Local Services Taxes as set forth in the Act 192 fee schedule.
Director of Finance Shannon Drosnock reported that the Township currently participates in the PSATS Unemployment Compensation Group Trust for unemployment compensation insurance. By its participation, the Township is able to reduce the premiums for the unemployment compensation coverage from the PA State Rate of 6.85% to 2.5%. In addition, the Township is eligible for additional benefits such as dividend payments based upon claims history. Recently, the PSATS Trustees voted to adopt changes to the Trust Agreement. The changes bear no additional hardship or cost to the Township. The Township is required to adopt an Ordinance to reaffirm its participation in the PSATS UC Trust. Resolution #10 made by Supervisor Robert Birch, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, adopted Ordinance #14-286 to reaffirm Montgomery Township’s participation in the PSATS Unemployment Compensation Group Trust.
Director of Finance Shannon Drosnock reported that the Township offers an employee benefit plan which permits employees to choose between different benefits; this style of plan is commonly referred to as a ‘Cafeteria Plan’. Cafeteria Plans were added to Section 125 of the IRS Code in 1978 and as set forth in this section, are excluded from gross income for federal tax purposes. The Township is required to adopt a Section 125 Plan Document to utilize this exclusion. Resolution #11 made by Chairman Joseph Walsh, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the establishment of a Premium Only Plan as presented at the December 15, 2014 public meeting in accordance with Section 125 of the Internal Revenue Service Code and also authorized a Premium Conversion Plan – Administrative Services Agreement with Discovery Benefits (DBI) effective January 1, 2015.
Director of Finance Shannon Drosnock reported that each year the Board of Supervisors adopts a resolution denoting the categories of the fund balances as required by the government Accounting Standards Board (GASB) Statement No. 54 are to be reported on the annual audited financial statements. Resolution #12 made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, classified the Township’s fund balances in accordance with the Governmental Accounting Standard Board Statement No. 54 as described in attached Exhibit A.
Director of Planning and Zoning Bruce Shoupe presented the preliminary/final land development plan LDS #677 – Nand Todi, Narayan Guest House at 1630 County Line Road. The applicant proposes to build an eight unit residential structure to be associated with the Bharatiya Temple located at 1612 County Line Road. In addition, the development plan proposes a new access drive from County Line Road, and associated parking, storm water management and landscape buffering improvements. David Caracausa, representing the applicant, stated that the applicant is agreeable with all of the conditions of the approval resolution as presented. Supervisor Candyce Fluehr Chimera stated that the Planning Commission was concerned about the presence of a sidewalk on County Line Road, and Mr. Caracausa confirmed that the sidewalk was added as requested. Resolution #13 made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the Preliminary/Final Land Development Plan – LDS#677 for the Narayan Guest House to be located at 1630 County Line Road.
Resolution #14 made by made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the construction escrow release #3 for LDS #671 for 127 Stevers Mill Road in the amount of $15,555.00.
Resolution #15 made by made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the construction escrow release #2 for LDS #630 for Firefox Phase I in the amount of $91,096.40.
Resolution #16 made by made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the construction escrow release #1 for LDS #653 2A for Montgomery Preserve Phase II in the amount of $21,583.00.
Director of Planning and Zoning Bruce Shoupe reported that the Shade Tree Commission, on behalf of Montgomery Township, would like to submit an application for the 2014 Growing Greener Communities Award for the Township’s dedication to preserving open space and good planning accomplishments over the last several years. The award recognizes and honors a Montgomery County Township that has engaged in a dynamic initiative designed to save land, steward natural resources, and/or connect people to nature. The Natural Lands Trust along with the Montgomery County Association of Township Officials (MCATO) will present the award at the spring MCATO Conference on February 27, 2015. Resolution #17 made by Vice Chairman Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the application for Montgomery Township to be considered for the 2014 Growing Greener Communities Award.
Assistant to the Township Manager Stacy Crandell reported the Township is proposing to construct a Spray Park and universally Accessible Playground next to the future Recreation and Community Center. The project will be funded in part with a grant in the amount of $250,000 through the Commonwealth Financing Authority Department of Community and Economic Development’s Greenways, Trails and Recreation Program. The bid package for this project has been prepared and is ready for advertising. The bid will cover the purchase of the equipment and the construction of the Spray Park and Accessible Playground. Resolution #18 made by Supervisor Robert Birch, seconded by Chairman Joseph Walsh and adopted unanimously, authorized the Township Manager to advertise for bids for the Spray Park and Accessible Playground to be opened on January 20, 2015 at 10:00 a.m. and to be considered for award at the Board of Supervisors meeting on January 26, 2015 after 8:00 p.m.
Township Manager Lawrence Gregan reported that in late 2014, the Pennsylvania State Legislature adopted and the Governor signed Act 192 which included provisions limiting the regulation of firearms and ammunition. The legislation provides that municipalities are strictly prohibited from regulating firearms and ammunition and provides a method for those affected by an unlawful ordinance or regulation to seek relief and damages, including attorney fees, expert witness fees, court costs, and compensation for loss of income. In the Montgomery Township code, it was determined that the provisions of Chapter 166, Section 9 Township Parks and Recreation, prohibited the carrying of firearms in Township parks. Proposed Ordinance #15-285 will amend Chapter 166 of the Township Code to conform to Pennsylvania Act 192 of 2014 by removing a current prohibition against carrying firearms in Township Parks. Resolution #19 made by Vice Chairman Michael Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of proposed Ordinance #15-285, amending Chapter 166 of the Township Code to conform to Pennsylvania Act 192 of 2014. The proposed Ordinance will be considered for adoption at the Monday, January 5, 2015 Board of Supervisors meeting.
Township Manager Lawrence Gregan reported that the Second Class Township Code requires municipalities to reorganize on the first Monday of the year. January 5, 2015 is the date for the Montgomery Township reorganization meeting. Resolution #20, 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 5, 2015 at 8:00 p.m.
Township Manager Lawrence Gregan thanked the Board of Supervisors and Township staff for a great year, and thanked Chairman Joseph Walsh for his leadership on the Board of Supervisors and as the Chairman of the Montgomery 300th Anniversary Committee.
Chairman Joseph Walsh made a motion to approve the payment of bills. Supervisor Robert Birch 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 9:21 p.m.