MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
JANUARY 5, 2015
At 7:30 p.m. Chairman Joseph Walsh called to order an executive session. In attendance were Supervisors Candyce Fluehr Chimera, Robert Birch, Michael Fox and Jeffrey McDonnell. Also in attendance were Lawrence Gregan and Frank Bartle, Esquire.
Chairman Joseph Walsh called the re-organization meeting to order at 8:00 p.m. In attendance were Chairman Joseph Walsh, Supervisors Robert Birch, Candyce Fluehr Chimera Michael Fox and Jeffrey McDonnell. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief Scott Bendig, Richard Lesniak, Shannon Drosnock, Ann Shade, Stacy Crandell, Bruce Shoupe, Kevin Costello, Brian Forman, Rich 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.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting and discussed five personnel matters and one Zoning Hearing Board Appeal litigation matter for the Kingston Knoll Development located at 1616 County Line Road. 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 Supervisor Michael Fox seconded the motion to nominate Joseph Walsh to serve as the Temporary Chair until a new Chairman was elected. Approval of the nomination was unanimous.
By Resolution #1, made by Supervisor Joseph Walsh and seconded by Supervisor Jeffrey McDonnell, Michael J. Fox was elected unanimously to serve as the Chairman of the Board of Supervisors for 2015.
Chairman Michael J. Fox presented an engraved clock to Joseph Walsh and thanked him for his service as Chairman of the Board of Supervisors for the year 2014. Mr. Walsh expressed his thanks to the Township staff for their dedication and hard work during the year and stated that 2014 was a great year in Montgomery Township.
By Resolution #2 made by Chairman Michael J. Fox and seconded by Supervisor Jeffrey McDonnell, Candyce Fluehr Chimera was unanimously elected to serve as Vice Chairman of the Board of Supervisors for 2015.
Resolution #3, made by Chairman Michael J. Fox, seconded by Supervisor Robert Birch and adopted unanimously re-appointed committee volunteers with expiring terms of January 1, 2015 to new terms in accordance with the bylaws of their respective committees and boards.
Chairman Michael J. Fox commended all of the Township’s Volunteer Boards and Committees for their service during the year 2014 and expressed the Township’s appreciation to the Board and Committee members for their dedication and time in serving on Township committees.
Resolution #4, made by Chairman Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, established the official holidays that Montgomery Township offices will be closed in the year 2015.
Resolution #5, made by Chairman Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, established the meeting dates for the Board of Supervisors for the year 2015.
Resolution #6, made by Chairman Michael J. Fox, seconded by Supervisor Robert Birch and adopted unanimously, set the Treasurer’s Bond at $2,500,000.
Resolution #7, made by Supervisor Robert Birch and seconded by Vice Chairman Candyce Fluehr Chimera, named the depositories for the Township to be Univest Bank and Trust Company, Morgan Stanley as custodian for the investments of the Police Pension Fund, and ICMA-RC as the custodian for Montgomery Township Police Pension Funds in the Deferred Retirement Option Program (DROP). Resolution #7 was adopted with a 4 – 0 vote. Chairman Michael J. Fox abstained from voting on Resolution #7, as he is employed by Univest Bank.
Resolution #8, made by Chairman Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, appointed the Township Officials and Consultants for the year 2015.
Resolution #9, made by Chairman Michael J. Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, certified Supervisor Robert Birch as the voting delegate to the Pennsylvania State Association of Township Supervisors conference for 2015.
Resolution #10, made by Chairman Michael J. Fox, seconded by Supervisor Robert Birch and adopted unanimously, established the Board liaisons to the various Township Volunteer Committees and Boards.
Resolution #11, made by Chairman Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the list of authorized drivers of Township-owned vehicles for commuting purposes for 2015.
Resolution #12, made by Chairman Michael J. Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, re-appointed the following Fire Police to serve Montgomery Township in 2015: William Adams, Robert Bailey, Stacy Bailey, Greg Fitzgerald, Michael Goldberg, Robert Gruber, Maryanne Mogensen, Matt Palm, Bud Rhoads and Joel Silver.
Resolution #13, made by Chairman Michael J. Fox, seconded by Supervisor Robert Birch and adopted unanimously, established the Fee Schedule for 2015.
Resolution #14, made by Chairman Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the maximum departmental salary/wage increases for 2015, in accordance with the adoption of the 2015 budget.
The re-organization meeting concluded at 8:20 p.m.
Chairman Michael J. Fox made a motion to approve the minutes of the December 15, 2014 Board of Supervisors meeting, and Supervisor Robert Birch seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Township Manager Lawrence Gregan reported that the State Legislature enacted Act 164 of 2014 in October, amending the Tax Collector Law to require that the local elected tax collector, with the approval of the tax district, appoint a Deputy Tax Collector to collect and settle taxes during any incapacitation of the tax collector. Patricia Gallagher, elected Tax Collector for Montgomery Township, has submitted a request that Jane M. Murray of North Wales, PA, be appointed as the Deputy Tax Collector for Montgomery Township. Resolution #15 made by Chairman Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the appointment of Jane M. Murray as the Deputy Tax Collector for Montgomery Township.
Township Manager Lawrence Gregan reported that Hatfield Township Municipal Authority (HTMA) has advised the Montgomery Township Municipal Sewer Authority (MTMSA) that it has adopted updated local limits on the process wastewater discharged to their plant in accordance with PA DEP and US EPA pretreatment requirements. Montgomery Township is required to enact an Ordinance to adopt the updated “Local Limits” for non-residential users discharging to the HTMA Treatment Plant. The Township Solicitor has prepared proposed Ordinance #15-287 – Amending the Township Code, Chapter 187 – Article II, Section 187-a (4) [General Sewer Use Requirement/Local Limits] to adopt the updated local limits. Resolution #16 made by Chairman Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of Proposed Ordinance #15-287 for consideration at the January 26, 2015 Board of Supervisors meeting.
Township Manager Lawrence Gregan reported that in late 2014, the Pennsylvania State Legislature adopted Act 192 of 2014 which included provisions limiting the regulation of firearms and ammunition by municipalities. Specifically the legislation provides that municipalities are strictly prohibited from adopting any ordinances or regulation on 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. After reviewing Township codes, 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 would amend Chapter 166, Section 9 of the Montgomery Township Code to conform to Pennsylvania Act 192 of 2014 by removing the provision prohibiting the carrying of firearms in Township Parks. Resolution #17 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, approved Ordinance #15-285. Supervisor Joseph Walsh inquired about the Young Lungs at Play signs that State Representative Todd Stephens had offered to the Township which could be installed in the Parks. Chairman Michael Fox reported that the matter was to be discussed at the Park and Recreation Board, but that had not yet occurred. The Board asked Kevin Costello to add the discussion of the signs to the Park Board agenda for a future meeting.
Township Manager Lawrence Gregan reported on the progress of the building of the Recreation and Community Center including: progress on completion of the structural steel, exterior sheathing and weather barrier, roofing, interior framing, HVAC duct work, plumbing, sprinklers, and electrical improvements. Upcoming work will include completion of the Horsham Road widening improvements, construction and installation of windows and doors, installation of heating and air conditioning units and natural gas service lines. The contractor anticipates full enclosure of the building by early February and completion of the building in June 2015. Township Manager Lawrence Gregan also reported on a construction accident at the Recreation and Community Center site in mid-December when Construction Superintendent Kevin Nikerle was injured as the result of a fall from the roof. The Board expressed its appreciation to the Montgomery Township Police Department, Department of Fire Services, Fire Department of Montgomery Township, Volunteer Medical Service Corps and the Penn Star Helicopter crew for their quick response to this incident. Due to his injuries, Kevin was transported by helicopter to the Hospital of the University of Pennsylvania in Philadelphia where he spent the last three weeks undergoing treatment for his injuries. Kevin was recently transferred to the Bryn Mawr Rehab Hospital where he will be continuing his recovery and hopefully returning to continue the great work he was performing while leading the crews building the Township’s Recreation and Community Center building.
To assist Kevin and his family during his recovery, the Board of Supervisors decided to make a donation of $2,500 to the Nikerle Family and to extend their heartfelt thoughts, prayers and best wishes to Kevin and his family while he continues his recovery. Resolution #18 made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the donation of $2,500 to the Nikerle Family.
Director of Planning and Zoning Bruce Shoupe reported that the David Cutler Group has submitted a proposed text amendment to the R3B Zoning District regulations governing the Enclave at Montgomery development. The text amendment proposes to revise Section 230-53.3C (1) to allow single-family detached dwelling units on fee simple lots with a minimum lot size of 6,000 square feet vs. 7,000 square feet and a minimum lot width, at the building setback line, of 60 feet vs. 70 feet. The proposed amendment further proposes to revise Section 230.53.11E(3)(c) allowing “exterior access structures for basements” to extend not more than 10 feet for attached dwelling units. Resolution #19 made by Chairman Michael Fox, seconded by Vice Chairman Michael Fox and adopted by a vote of 4 to 0, Supervisor Joseph Walsh abstained, set Monday, January 26, 2015 after 8:00 p.m., in the Township Building as the date, time and place for a Public Hearing to consider amending the R3B Age Qualified Residential District zoning text.
Director of Planning and Zoning Bruce Shoupe reported that a sewage facilities planning module amendment has been submitted by Goodman Properties for the North Wales Crossing Shopping Center. Goodman Properties proposes to convert 20,000 square feet of food market space to 13,500 square feet of retail space and several restaurants that will use 7,500 square feet. The proposed conversion will increase the sewage flows to from 3,120 gallons per day (12.5 EDUs), to 7,900 gallons per day (32 EDUs). Sewage conveyance from the site will be provided by the Montgomery Township Municipal Sewer Authority and treatment will be provided by the Hatfield Municipal Authority. Resolution #20 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, approved the application for the sewage facilities plan for the North Wales Crossing Shopping Center.
A motion to approve the payment of bills was made by Chairman Michael Fox, seconded by Supervisor Robert Birch, and adopted unanimously, approved the payment of bills as submitted.
There being no further business to come before the Board, the meeting adjourned at 8:45 p.m.