MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
JANUARY 4, 2016
At 6:00 p.m. Chairman Michael J. Fox called to order an executive session. In attendance were Supervisors Robert J. Birch, Candyce Fluehr Chimera, Jeffrey W. McDonnell and Joseph P. Walsh. Also in attendance were Lawrence Gregan and Frank Bartle, Esquire.
Chairman Michael J. Fox called the re-organization meeting to order at 7:00 p.m. In attendance were Supervisors Robert J. Birch, Candyce Fluehr Chimera, Jeffrey W. McDonnell and Joseph P. Walsh. 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, Lance Allen, Kelsey McMeans and Deb Rivas.
The Honorable Carolyn Tornetta Carluccio, Montgomery County Court of Common Pleas Judge, administered the Oath of Office to the newly elected Township officials: Gary Thom as Township Auditor, Stephanie Terreri as Township Auditor, John Whalon as Township Auditor, Candyce Fluehr Chimera as Township Supervisor, and Joseph P. Walsh as Township Supervisor.
Following the Pledge of Allegiance, Chairman Michael J. Fox 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 seven personnel matters, two potential matters of litigation and two litigation matters. The litigation matters included Mirabella vs. Montgomery Township, Villard and Brown in the Montgomery County Court of Common Pleas and the Liberation House Zoning Hearing Board Appeal. Mr. Bartle stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.
Supervisor Joseph P. Walsh made a motion and Supervisor Jeffrey W. McDonnell seconded the motion to nominate Michael J. Fox to serve as the Temporary Chair until a new Chairman was elected. Approval of the nomination was unanimous.
Supervisor Candyce Fluehr Chimera nominated Joseph P. Walsh to be the Chairman for 2016, Supervisor Jeffrey W. McDonnell seconded the motion. By Resolution #1, made by Supervisor Candyce Fluehr Chimera and seconded by Supervisor Jeffrey W. McDonnell, Joseph P. Walsh was elected unanimously to serve as the Chairman of the Board of Supervisors for 2016.
Chairman Joseph P. Walsh presented an engraved gavel plaque to Michael J. Fox and thanked him for his service as Chairman of the Board of Supervisors for the year 2015.
Chairman Joseph P. Walsh nominated Candyce Fluehr Chimera to be the Vice Chairman for 2016, Supervisor Jeffrey W. McDonnell seconded the motion. By Resolution #2 made by Chairman Joseph P. Walsh and seconded by Supervisor Jeffrey W. McDonnell, Candyce Fluehr Chimera was unanimously elected to serve as Vice Chairman of the Board of Supervisors for 2016.
Resolution #3, made by Chairman Joseph P. Walsh, seconded by Supervisor Michael J. Fox and adopted unanimously re-appointed committee volunteers with expiring terms of January 1, 2016 to new terms in accordance with the bylaws of their respective committees and boards.
Chairman Joseph P. Walsh commended all of the Township’s Volunteer Boards and Committees for their service during the year 2015 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 Supervisor 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 2016.
Resolution #5, made by Supervisor 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 2016.
Resolution #6, made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, set the Treasurer’s Bond at $2,500,000.
Resolution #7, made by Chairman Joseph P. Walsh 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. Supervisor Michael J. Fox abstained from voting on Resolution #7, as he is employed by Univest Bank.
Resolution #8, made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, recognized the resignation of Shannon Q. Drosnock from her position as Director of Finance and Treasurer with Montgomery Township and wished her well in her future position.
Resolution #9, made by Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch and adopted unanimously, appointed the Township Officials and Consultants for the year 2016.
Resolution #10, made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the execution of the Township Managers Memorandum of Agreement effective for the period of 1/1/2016 to 12/31/2017.
Resolution #11, made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, certified Supervisor Robert J. Birch as the voting delegate to the Pennsylvania State Association of Township Supervisors conference for 2016.
Resolution #12, made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch and adopted unanimously, established the Board liaisons to the various Township Volunteer Committees and Boards.
Resolution #13, made by Supervisor 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 2016.
Resolution #14, made by Chairman Joseph P. Walsh, seconded by Supervisor Michael J. Fox and adopted unanimously, re-appointed the following Fire Police to serve Montgomery Township in 2016: William Adams, Robert Bailey, Stacy Bailey, Gregory Fitzgerald, Michael Goldberg, Robert Gruber, Timothy Johnson, Maryanne Mogensen, Matt Palm, Bud Rhoads and Joel Silver.
Resolution #15, made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the maximum departmental salary/wage increases for 2016, in accordance with the adoption of the 2016 budget.
Chairman Joseph P. Walsh made a motion to approve the minutes of the December 14, 2015 Board of Supervisors meeting, and Vice Chairman Candyce Fluehr Chimera seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Chairman Joseph P. Walsh reported that the Township Finance Director, Shannon Drosnock, is the designated Trustee representing Montgomery Township on the Delaware Valley Health Trust (DVHT). With Ms. Drosnock’s resignation from the Finance Director position, it is recommended that Ann Shade, Director of Administration and Human Resources, be designated as the Trustee representing the Township. Resolution #16 made by Chairman Joseph P. Walsh, seconded by Supervisor Michael J. Fox and adopted unanimously, appointed Ann Shade as the Trustee representing Montgomery Township for the Delaware Valley Health Trust (DVHT).
Township Manager Lawrence J. Gregan reported that Benefits Consulting Group (“BCG”), administrator for the 401(a) Money Purchase Pension Plan for our non-uniformed employees and 457(b) Deferred Compensation Plan for all township employees, has advised the Township that the plans Trustee/Custodian, Oppenheimer (OFI), will no longer provide direct Trustee services in 2016. BCG has proposed and is recommending the firm of Mid Atlantic Trust Company, Pittsburgh, PA to serve in this capacity for these two plans. New agreements must be approved and executed to engage the services of Mid Atlantic. Resolution #17 made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch and adopted unanimously, authorized the execution of the “Custodial Agreement (ERISA)” documents to engage Mid Atlantic Trust Company to provide Trustee/Custodial Services for the Township’s 401(a) Money Purchase Pension Plan and 457(b) Deferred Compensation Plans.
Township Manager Lawrence J. Gregan reported that in 2008, the Board of Supervisors had adopted an amendment to the 457 (b) Deferred Compensation Plan to provide for Non-elective Contributions to Department Head participants in the plan based on a participants years of service. The Board is proposing to amend this plan to eliminate the years of service provision and provide for a fixed contribution at 2% of compensation for all eligible positions and limit the contributions to the participants who serve in the positions of Township Manager, Human Resources Director, Executive Assistant, Technology Manager, Fire Services Director, Planning and Zoning Director or Public Works Director as of January 1, 2016. Resolution #18 made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch and adopted by a vote of 4 to 1, with Chairman Joseph P. Walsh opposing, approved the amendment to the 457(b) plan.
Director of Planning and Zoning Bruce Shoupe reported that a land development application has been received from the North Penn School District proposing renovations to the Montgomery Elementary School located at 1221 Stump Road. The applicant proposes a building addition, replacing the existing modular classrooms, temporary relocation of the modular classrooms, and reconfiguration of the existing parking area to include a parent pick-up/drop-off lane. The northern access drive is proposed to be widened to accommodate left and right turn exit lanes. Township staff and consultants have reviewed the plan as proposed. Resolution #19 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the preliminary plan, LDS #688 for the Montgomery Elementary School Expansion.
Township Manager Lawrence J. Gregan reported that the Stormwater Management Act requires each municipality within the area covered by the Act 167 stormwater management plan to adopt or amend and implement ordinances and regulations including zoning, subdivision and development, building code, and erosion and sedimentation ordinances that are necessary to regulate development within the Township in a manner consistent with the Stormwater Management Plan and provisions of the Stormwater Management Act. Approximately 10% of the Township is tributary to the Wissahickon Creek Watershed. Township staff, Township Solicitor and the Township Engineer have prepared a proposed Ordinance #15-291 to amend Chapter 206 of the Township Code entitled the Montgomery Township Stormwater Management Ordinance to implement the requirements of the Wissahickon Creek Watershed Act 167 plan. Resolution #20 made by Chairman Joseph P. Walsh, seconded by Supervisor Michael J. Fox and adopted unanimously, approved Ordinance #15-291 – Amending Chapter 206 of the Township Code – Stormwater Management.
Assistant to the Township Manager Stacy Crandell reported that the Township is proposing to apply for funding under the Transportation Alternatives Program (TAP) to fund the construction of an approximately 3,800 foot long, 10 foot wide multi-use trail segment between the existing Route 202 Parkway Trail and the Township’s newly constructed Community & Recreation Center (CRC). TAP funding is an annual program and the funding split is 80:20. The Township Traffic Engineer’s estimated cost for this trail connection is $989,454. The Township will be requesting a grant amount of $804,009 for the construction of this trail segment. Resolution #21 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the submission of the Transportation Alternatives Program Grant Application Powerline Trail Connection, Phase 1.
Township Manager Lawrence J. Gregan reported that in July, the Board authorized the Township’s participation in a County program allowing first responders throughout the County to purchase portable and mobile radios for emergency communications under the County’s new radio system. To help reduce the financial burden resulting from the purchase of the new radios, the Montgomery County Commissioners arranged with the Delaware Valley Regional Finance Authority (DVRFA) to allow municipalities to borrow funds through the County to cover the costs of the new radios with repayment of the principal of those loans over a five-year period. Under the financing arrangement, the County will pay the interest and administrative costs for the loans. The Township has proposed separate loan agreements with the FDMT and VMSC to secure their obligation for repayment of their share of the loan to the Township and those loan agreements are ready for the Board’s approval. Resolution #22 made by Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the execution of the Loan Agreements with FDMT and VMSC with the final form of the agreements to be subject to the approval of the Township Solicitor.
A motion to approve the payment of bills was made by Chairman Joseph P. Walsh, seconded by Supervisor Michael J. Fox, and adopted unanimously, approved the payment of bills as submitted.
Under other business, Chairman Joseph P. Walsh made a motion to authorize the execution of an Addendum and Release to the Settlement Agreement in the case of the Estate of Brett Moyer v. Montgomery Township. Supervisor Robert J. Birch seconded the motion which was adopted unanimously.
There being no further business to come before the Board, the meeting adjourned at 7:53 p.m.