MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
FEBRUARY 9, 2015
Chairman Michael Fox called the executive session to order at 7:00 p.m. In attendance were Supervisors Robert Birch, Candyce Fluehr Chimera, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief Scott Bendig, Brian Forman and Ann Shade.
Chairman Michael Fox called the action meeting to order at 8:02 p.m. In attendance were Supervisors Robert Birch, Candyce Fluehr Chimera, Jeffrey McDonnell and Joseph Walsh. 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 Michael Fox called for public comment from the audience.
Mario Cabe of 1008 E. Kennedy N.W. stated that he had some prepared remarks to present to the Board regarding the Montgomery Walk development. Mr. Cabe stated that this was the second time he had addressed the Board and after the first time, some of the items that he had brought to the Board’s attention had been worked on by the developer. Mr. Cabe indicated that he hoped the work would continue. Mr. Cabe stated that he wanted to address proposed Ordinance #15-284. Township Solicitor Frank Bartle offered Mr. Cabe the opportunity to save his public comments for when that matter is addressed on the agenda and he can be sworn in to provide a statement.
Mike Hagan of 106 Crystal Road stated that he received a notice placed in his door indicating that a 12 inch water main was going to be installed down Crystal Road. Mr. Hagan said that he assumed that it was for the development that is nearby. Mr. Hagan explained that Crystal Road is a private road and that the water main was supposed to be installed on Route 309 when the zoning on the property was changed. Mr. Hagan is concerned that the private road, which the residents are responsible to maintain and plow, is going to be torn up during the installation of this water main. Mr. Hagan is concerned about emergency access to his home and wanted to know who is going to be responsible to fix the road properly. Chairman Michael Fox stated that the Township staff would look into the matter and get back to Mr. Hagan once they determine what is going on with the development.
Township Solicitor Frank Bartle, Esquire reported that the Board had met in an executive session earlier in the evening at 7:00 p.m. to discuss five personnel matters, one matter of potential litigation and two matters of litigation. The litigation matters pertain to Mirabella vs. Montgomery Township, which is a Federal District Court matter and Brogan-Lesinski vs. Montgomery Township et al., which is also a Federal District Court matter. Mr. Bartle stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.
Supervisor Joseph Walsh made a motion and Vice Chairman Candyce Fluehr Chimera seconded the motion to approve the minutes of the January 5th and January 26th Board meetings. The minutes of the meetings were unanimously approved as submitted.
Township Manager Lawrence Gregan reported that the Township currently has two vacancies in the position of elected Auditor. If a vacancy occurs in the office of Auditor, the Board of Supervisors may appoint a successor who is an elector of the Township and has resided in the Township continuously for at least one year prior to their appointment. The Board of Supervisors wishes to appoint Township resident Gary Thom to the position of elected Auditor. Mr. Thom shall serve in this capacity until the first Monday of January, 2016. Resolution #1 made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, appointed Gary Thom to fill a vacancy on the Montgomery Township Board of Auditors.
Township Manager Lawrence Gregan reported that a vacancy currently exists on the Public Safety Committee. Township resident John Nolan has expressed an interest in becoming a member of the Montgomery Township Public Safety Committee. Resolution #2 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, appointed John Nolan to serve as a member of the Montgomery Township Public Safety Committee with a term to expire on January 1, 2016.
Township Manager Lawrence Gregan announced that resident Howard Haber has submitted his letter of resignation as a member of the Pension Committee. Mr. Haber has served on the Pension Committee since 2007 and was an integral part of the Committee recommendations for both the Police and Non-Uniformed Employee Pensions. Mr. Haber is moving out of the Township and is unable to continue to serve in this capacity. Resolution #3 made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, accepted the resignation of Howard Haber from the Montgomery Township Pension Committee and thanked Mr. Haber for his contributions during the time he served.
Police Chief Scott Bendig reported that on December 31, 2014, Detective James J. Reape resigned his position as a police officer with the Montgomery Township Police Department to pursue a career with the Montgomery County District Attorney’s Office as a County Detective. Detective Reape began his career with the Montgomery Township Police Department as a police dispatcher in November of 1989 and was appointed to the position of police officer in August of 1992, where he served as a member of the Patrol Division until 1998, when he was assigned to the Detective Division. During his career, Detective Reape received numerous departmental commendations for his actions, as well as letters of appreciation from residents and neighboring law enforcement agencies. Resolution #4 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, recognized Detective James Reape and expressed the Township’s gratitude to him for his dedication and faithful service to the Montgomery Township Police Department and the residents of our community. State Representative Todd Stephens presented Detective James Reape with a Pennsylvania House of Representatives Citation.
The Public Hearing for consideration of proposed Ordinance #14-284-Z, Text Amendment – R3B – Age Qualified Residential Zoning District was opened at 8:25 p.m. Notes of testimony were recorded for later transcription by a court reporter. Township Solicitor Frank Bartle read a summary of the advertisement legal notice and provided the exhibits, B1 to B7, to be added as part of the record. The Cutler Group submitted a proposed text amendment to the R3B Zoning District regulations governing the Enclave at Montgomery development. The proposed change involves modifying three aspects of the lot criteria for age restricted units in the R3B Zoning District. 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 amendment also proposed that “exterior access structures for basements”, may extend not more than 15 feet into the rear yard setback and Section 230.53.11E(3)(c) allowing “exterior access structures for basements” to extend not more than 10 feet for attached dwelling units.
Richard McBride, Esquire, was present on behalf of the Cutler Group regarding this matter. Mr. McBride explained that the proposed amendment would reduce the number of units originally planned for the final section of the development, would increase the ratio of detached homes vs. attached homes, has been recommended for approval by the County and Township Planning Commissions and will allow for completion of the overall development. The following residents addressed questions and comments on the proposal: Mario Cabe of 1008 E. Kennedy N.W., Pragnesh Desai of 207 Harley Court N.W., Bruce Whiteman of 206 Eisenhower Lane, Ken Kachel of 410 West Kennedy Road, Larry Hill of 304 W. Kennedy Road, Bruce Greenwalt and Ed Magil of 301 W. Kennedy Road. Mr. Greenwalt inquired if the new complex would have access to the Montgomery Walk clubhouse? Mr. McBride responded that the matter of the ownership of the clubhouse is currently in litigation, so there was no discussion held concerning the clubhouse. Mr. Desai expressed concerned about the property values as his development will be located between two age-restricted developments. Mr. Desai also inquired about the installation of a traffic light on Route 309 at the intersection with Enclave Boulevard. Mr. Cabe also expressed concerns about the clubhouse and asked the Board to table this text amendment ordinance until the clubhouse issue could be resolved. Mr. Cabe also stated that he felt that the residents were being treated unfairly by the developer, specifically because they are senior citizens. Mr. Whiteman commented on being a new resident to the development and that he was concerned about the timing of the traffic light at Route 309 and Hartman Road. In the morning, it appears that only four cars are getting through the intersection. Mr. Kachel also asked the Board not to approve the ordinance until the clubhouse matter was resolved. Mr. Kachel also mentioned his concern about the safety of students who are walking in the street (Enclave Boulevard) to get to their school bus because the walking path has not been installed. Mr. Hill indicated that the number of homes announced by Mr. McBride and the reduction of the size of the clubhouse does not tell the whole story.
Township Solicitor Frank Bartle explained that the matter before the Board was whether or not to consider approval of the text amendment and the other concerns mentioned by the residents, while they may be valid, do not have any bearing on this decision. He noted that Mr. McBride already has an approved plan that he can choose to build. The text amendment will reduce the number of homes, remove the commercial piece and allow the developer to finish the project in its entirety. Supervisor Joseph Walsh advised that he would be abstaining from the discussion and vote. The hearing closed at 9:45p.m. Resolution #5, made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted by a majority vote of 4 to 0, with Supervisor Walsh abstaining, adopted Ordinance #14-284-Z – Text Amendment – R3B – Age Qualified Residential Zoning District.
Police Chief Scott Bendig requested the Board’s authorization to purchase two new police canines and approve out of state training for two canine police officers. With the passing of Canine Bauer and the retirement of Canine Jammer, the department is in need of two canines. The funding for the first team was budgeted in the 2015 budget and the funding for the second team was made possible by the generous donations from members of the community and Montgomery County District Attorney Risa Vetri Ferman. Resolution #6 made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the purchase of two new canines from Tarheel Canine Training of Sanford, North Carolina and approve the attendance of Officers Brian Schreiber and Tim Woch to attend canine training in Sanford, North Carolina.
Police Chief Scott Bendig reported that the Township has received a request from Mr.& Mrs. Steve Cantz of 125 Canterbury Lane for the installation of “Hearing Impaired Child” signs on Canterbury Lane in the vicinity of their property. Their son was recently diagnosed with 100% hearing loss. Police Traffic Safety Officer David Dunlap reviewed the request and has recommended the erection of two signs in accordance with the regulations set by the Pennsylvania Department of Transportation. Resolution #7 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, authorized the installation of two “Hearing Impaired Child” signs in the vicinity of 125 Canterbury Lane.
Director of Fire Services Richard Lesniak reported that the Department of Fire Services (DFS) and the Fire Department of Montgomery Township (FDMT) have received notification that they were awarded grants in the amount of $14,284.70 each from the Pennsylvania State Fire Commissioner’s Office. The DFS and FDMT are requesting approval to accept the grant funding as awarded. Resolution #8 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, granted approval to accept the 2015 PA Fire Commissioners Volunteer Firefighter / Ambulance Service Grant in the amount of $14,284.70 each.
Director of Fire Services Richard Lesniak reported that the Department of Fire Services is requesting the authorization to purchase new radio equipment using the grant funding provided by the PA Fire Commissioner’s office. The DFS intends to use this funding to purchase four (4) mobile radios and one (1) portable radio to be used on Montgomery County’s new radio system at a total cost to the Department of $17,973.09. One radio will be paid for by the Fire Department of Montgomery Township. Resolution #9 made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the purchase of four (4) Mobile Radios for the Department of Fire Services at a total cost of $17,973.09.
Assistant to the Township Manager Stacy Crandell reported that the Township has an opportunity to resubmit the Redevelopment Assistance Capital Program (RACP) Grant application for consideration by the Pennsylvania General Assembly for the construction of the Recreation and Community Center. The Township’s project was not considered during the first round of funding, however, the opportunity to resubmit the project for the second round was offered. Resolution #10 made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized Township staff to resubmit the RACP Business Plan to the Governor’s Budget Office in order to be considered for a $5 million grant for the Recreation and Community Center.
Township Manager Lawrence Gregan reported that the 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 #11 made by Chairman Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, adopted Ordinance #15-287 providing for amendments to Chapter 187 of the Township Code relating to General Sewer Use Requirement/Local Limits/HTMA Wastewater Treatment Plant.
Township Manager Lawrence Gregan reported that bids were received for the Montgomery Township Recreation and Community Center Playground and Sprayground Project on January 20, 2015. The Township received three bids for the project. Unfortunately, the bids received were all in excess of the original budget estimate for the project. Staff is recommending that all of the bids be rejected and that the Board direct staff to rebid the project. Resolution #12 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, rejected all bids received for the Montgomery Township Recreation and Community Center Playground and Sprayground Project and directed staff to rebid the project.
Township Manager Lawrence Gregan reported that the Recreation Community Center Steering Committee has been meeting regularly to discuss various items including rental use policies, hours of operations, staffing levels and selection of fitness equipment. The Steering Committee is requesting that the Board consider providing high definition TV service in the building and to acquire cardio equipment that includes individual television screens directly on each piece of equipment. At this time during the construction phase, a change order is necessary to allow for the installation of additional wiring to provide the recommended TV service to the cardio equipment. Lenni Electric, Inc. has provided a change order to perform this work in the total amount of $12,526.10. Resolution #13 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, accepted and approved Change Order #9 from Lenni Electric, Inc. in the amount of $12,526.10.
Director of Public Works Kevin Costello reported that staff is requesting the Board’s authorization to advertise and solicit for bids for the annual Curb and Sidewalk Project. Annually, the Township performs repairs / replacement of certain curbing and sidewalks throughout the Township in anticipation of the future resurfacing of the streets. The bid specifications have been prepared by Township Engineer, Gilmore & Associates, and reviewed by staff. Resolution #14, made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement for bids for the 2015 Curb and Sidewalk Project. The bids are to be received on or before February 12, 2015 at 10:00 a.m.
Director of Public Works Kevin Costello reported that staff is requesting the Board’s authorization to advertise and solicit for bids for the annual Equipment Rental, Paving materials and Services contract for the Public Works Department. Resolution #15, made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement for bids for Rentals, Materials and Services, including Asphalt, Crack Sealer, Stone Aggregate, Lawn Care Treatments and Equipment Rental. The bids are to be received on or before February 12, 2015 at 10:30 a.m.
Director of Public Works Kevin Costello reported that staff is requesting the Board’s approval to purchase a 2015 Redexim 2075 Overseeder as proposed in the 2015 final budget. A quote was received from Lawn and Golf Supply, an authorized vendor under the Co-Stars Cooperative Purchase Program, to provide the requested equipment at a cost of $19,500.00. Resolution #16, made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, awarded the contract for the purchase of the 2015 Redexim 2075 Overseeder to Lawn and Golf Supply, Co., at a cost of $19,500.00.
Director of Public Works Kevin Costello reported that staff is requesting the Board’s authorization to advertise and solicit for bids for Underground Storage Tank Upgrades at the Public Works Facility. The upgrades include the removal and replacement of the Electronic Fuel Management System, (2) Fuel Pump Dispensers, concrete island and all ancillary equipment. The original system was installed in 1989 and is scheduled to be replaced under the 2015 Capital Equipment Replacement Plan. Resolution #17 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, authorized the advertisement of bids for the Underground Storage Tank Upgrades at the Public Works Facility to be due and opened at 2:00 p.m. on March 5, 2015.
Technology Manager Richard Grier reported that the Recreation and Community Center will be opening its doors in mid-2015. The Township’s goal is to have a facility wide wireless network installed and ready for staff, residents and customers on opening day. A quote has been received from CDW-G, an authorized vendor under the COSTARS Cooperative Purchase program, for the purchase of wireless equipment including 10 wireless access points, support hardware, controller, software and licensing for this system, in the amount of $30,034.88. Staff is requesting authorization to move forward with this purchase. Resolution #18 made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the purchase of wireless equipment for a total cost of $30,034.88.
Technology Manager Richard Grier reported that securing the new Recreation and Community Center is a high priority item for the Township. A quote has been received from the Protection Bureau, Inc., an authorized vendor under the COSTARS Cooperative Purchasing Program, to provide hardware and software necessary to expand the electronic access control system which is currently in place at both Battalion 1 and 2 fire stations to the new Recreation and Community Center at the cost of $84,302.74. Staff is requesting authorization to move forward with this purchase. Resolution #19 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, approved the purchase from the Protection Bureau Inc. for a total cost of $84,302.74.
Director of Finance Shannon Drosnock reported that several projects, grants and activities have occurred during the 4th Quarter of 2014 that require amendments to the 2014 budget in order to accurately reflect these revenues and expenditures. These include traffic light improvements at North Wales and Knapp Roads, Public Works Department Snow Supplies – Salt, and Capital Reserve Purchases Postponed to 2015. Resolution #20 made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the 2014 4th Quarter Budget Amendments to the General Fund, Fire Fund and the Capital Reserve Fund.
Director of Finance Shannon Drosnock reported that the Finance Department has completed its unaudited 4th Quarter 2014 Budget Report. It has been the practice of the Board to designate a transfer of increased General Fund ‘fund balance’ to various funds for future projects. Staff is recommending that $1.6M of fund balance be transferred as follows: Capital Reserve Fund, $600,000 to the Road Program, $400,000 to the Equipment Replacement Plan, $100,000 to the Operating Contingency, and $500,000 as a Principal Payment on the 2012 GO Note. Resolution #21 made by Supervisor Joseph Walsh, seconded by Supervisor Jeffrey McDonnell and adopted unanimously, authorized the transfer of General Fund ‘fund balance’ in the amount of $1,100,000 to the Capital Reserve Fund as detailed above and $500,000 to the Debt Service Fund for a principal payment on the 2012 GO Note.
Director of Finance Shannon Drosnock reported that staff is recommending that the Trustee appointment for the Delaware Valley Health Trust be changed from Lawrence Gregan to Shannon Drosnock. Mr. Gregan will remain as the Trustee for the Insurance Trust and Worker’s Compensation Trust. Resolution #22 made by Chairman Michael Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, appointed Finance Director/ Treasurer Shannon Q. Drosnock as the Trustee representing Montgomery Township for the Delaware Valley Health Trust (DVHT).
Director of Planning Bruce Shoupe reported that an application has been received for a PADEP Sewage Facilities Planning Module for the interior renovations at the Montgomery Mall. The module was reviewed and recommended for approval by the Township Planning Commission at is meeting on November 20, 2014. Resolution #23 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, approved the application for a PADEP Sewage Facilities Planning Module for the Montgomery Mall Restaurants.
Director of Planning Bruce Shoupe reported that an application for conditional use has been received from the Wilkerson Five Point Limited Partnership for a retail condominium located at 640 Cowpath Road in the Five Point Shopping Center. The applicant proposes to demolish the existing building and construct a gasoline fueling facility with an associated 157 square foot building, 14 fuel dispensers and a drive-through automated teller machine. A gasoline filling station is permitted in the Shopping Center District as a conditional use. Resolution #24 made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, set Monday, March 9, 2015, after 8:00 p.m., in the Township building, as the date, time and place for a Public Hearing to consider the Conditional Use application of Wilkinson Five Point Limited Partnership for the construction of a gasoline fueling station at 640 Cowpath Road.
Resolution #24 made by made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, approved the construction escrow release #2 for LDS #653 2A for Montgomery Preserve Phase II in the amount of $31,965.00.
Resolution #25 made by made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, approved the construction escrow release #3 for LDS #630 for Firefox Phase I in the amount of $90,303.21.
Resolution #26 made by made by Chairman Michael Fox, seconded by Supervisor Joseph Walsh and adopted unanimously, approved the construction escrow release #1 for LDS #639 for Maple Drive and Crystal Road in the amount of $27,929.58.
Supervisor Joseph Walsh made a motion to approve the ratification of the payment of bills for January 26, 2015. Supervisor Robert Birch seconded the motion. The payment of bills was unanimously approved as submitted.
Chairman Michael Fox made a motion to approve the payment of bills for February 9, 2015. Supervisor 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 10:25 p.m.