MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
FEBRUARY 22, 2016
At 7:00 p.m. Chairman Joseph P. Walsh called to order the executive session. In attendance were Supervisors Robert J. Birch, Michael J. Fox and Jeffrey W. McDonnell. Vice Chairman Candyce Fluehr Chimera was absent. Also in attendance were Lawrence Gregan and Frank Bartle, Esquire.
Chairman Joseph P. Walsh called the action meeting to order at 8:00 p.m. In attendance were Supervisors Robert J. Birch, Michael J. Fox and Jeffrey W. McDonnell. Vice Chairman Candyce Fluehr Chimera was absent. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief Scott Bendig, Richard Lesniak, 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.
Chief of Police Scott Bendig reported that the Police Department has hired a new dispatcher. Lauren Hill began her employment on February 8, 2016 and comes to the Township with a background in customer service. Lauren is a graduate of North Penn High School and attends Montgomery County Community College. Lauren will be responsible for all operations within the Police Department’s Communication Center and clerical duties during her assigned shift. Resolution #1 made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and adopted unanimously, welcomed Lauren Hill to Montgomery Township as a Police Dispatcher, effective February 8, 2016.
Under public comment, Solicitor Frank Bartle addressed the room full of concerned residents who live at the Montgomery Walk development. Mr. Bartle reported that the Township is greatly concerned, as are the residents, with the conditions of uncompleted items at the Montgomery Walk development. The Board of Supervisors had recently authorized the Township Engineer to prepare a report on the items which are not complete in both the Montgomery Walk and Montgomery Point Development. This report, now complete, includes an updated cost projection to complete all of the outstanding improvements, both private and public. The Township Solicitor’s office has also completed a legal review of the various improvement agreements that are in effect for these developments. As a result of these reports/reviews, the Township has issued a 60 day “Notice to Cure” to the David Cutler Group for each development and a meeting has been scheduled with Mr. Cutler and his representatives for Thursday, February 25, 2016 at the Township building to discuss these matters. Township Manager Lawrence J. Gregan, together with Gilmore and Associates, has put together a time table for completion of these improvements. Mr. Bartle told the residents that the Board appreciates them coming out to this meeting, that the condition of the improvements is unacceptable and that they will insist that the Cutler Group be in compliance in a reasonably short amount of time. The meeting on Thursday will include Supervisors Michael Fox and Candyce Fluehr Chimera.
Jim Dougherty of Gilmore and Associates provided general description of the status of the project. Mr. Dougherty reported that the roads were paved with a base course only which will likely need to be replaced and a final wearing course applied. The storm sewer inlets are exposed and have been hit repeatedly by vehicles. Those will need to be replaced. The curbing, sidewalks and trail need to be installed and or replaced. The streetlights, landscaping, and road direction signage all need to be installed and/or activated. The as built drawings also need to be provided, the survey pins installed, the trail and sidewalk along Enclave Boulevard needs to be installed and the recreational lands need to be completed.
A significant number of residents from the development were present and a select group of people spoke about their specific concerns. Comments regarding the senior population, the significant safety hazards, the lack of landscaping, streetlights, sidewalks and the lack of response and action from the David Cutler Group over the last several years were presented. Residents who provided public comment were: Bruce Greenwalt of 508 W. Kennedy Blvd., Karen Lyons of 502 W. Kennedy Blvd., Douglas Goldberg of 108 Eisenhower Lane, Milt Souder of 100 W. Kennedy Blvd., Lou Riffel of 206 W. Kennedy Blvd., Gene Daily of 103 Lincoln Drive, Bruce Wegman of 206 Eisenhower Lane, Tracy Blakely of 118 Eisenhower Lane, Mario Cabe of 1008 E. Kennedy Road. There was a concern as to what would happen after the 60 day notice has passed and nothing has been done and questions about the remedies that the Township has to compel completion of the improvements. Mr. Bartle reported that some remedies exist in the land development agreement and if action is not taken to begin to fix the outstanding issues, the Township will prepare for litigation and determine what needs to be completed and the escrow money needed to get the work done. The Board has concerns because the escrow money has been spent down. The improvements that were made now need to be made again. The Board of Supervisors are unified to pursue the remedies that were referred to, however, at this time we have to follow the law and give the developer a 60 day notice at this time.
Chairman Joseph P. Walsh opened a public hearing at 8:57 p.m. to consider the adoption of proposed Ordinance #15-292-Z – Amending Article IV (Floodplain Conservation District) of the Township Zoning Code. Notes of testimony were taken by Court Reporter, Mark Manjardi. Township Solicitor Frank Bartle introduced the ordinance, read the legal advertisement and listed the exhibits on the record. Director of Planning and Zoning Bruce Shoupe reported that the proposed ordinance repeals Article IV of the Township Zoning Code in its entirety and replacing it with a new article adopting the new FEMA regulations. The hearing was closed at 9:05 p.m. Resolution #2, made by Chairman Joseph P. Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved Ordinance #15-292-Z, the Montgomery Township Floodplain Conservation District Ordinance.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting and discussed one personnel matter, one potential litigation matter and three matters of litigation, including the Liberation House Zoning Hearing Board matter, Lamb v. Montgomery Township and RD Management Zoning Hearing Board appeal. Mr. Bartle stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.
Chairman Joseph P. Walsh made a motion to approve the minutes of the February 8, 2016 Board of Supervisors meeting, and Supervisor Michael J. Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Public Works Director Kevin Costello reported that the bids for the annual Curb and Sidewalk project were opened on February 11, 2016. The Township Engineer, Gilmore and Associates, reviewed the bids and has provided a recommendation that the contract be awarded to the lowest responsible bidder, Drumheller Construction, Inc., with a bid of $166,840.50. Resolution #3, made by Supervisor Michael J. Fox, seconded by Chairman Joseph P. Walsh and adopted unanimously, authorized the award of the 2016 Curb and Sidewalk project to Drumheller Construction, Inc., with a bid of $166,840.50.
Public Works Director, Kevin Costello, reported that the annual bids for Materials, Services and Equipment Rentals were opened on February 11, 2016 and reviewed by the staff. The staff’s recommendation is to award the bids to the lowest responsible bidders. Resolution #4 made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch and adopted unanimously, authorized contracts with the following companies: Asphalt/Bituminous Concrete to Eureka Stone Quarry., amount not to exceed $355,000; Stone Aggregate to Glasgow, Inc., various unit pricing; Lawn Care Treatments to Moyer & Son, Inc., $17,310; Equipment Rental with Operator to P.K. Moyer & Sons, Inc., amount not to exceed $236,700; and Crack Sealer to Crafco, Inc. at $.52 for pickup pricing.
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 have been awarded grants in the amount of $13,789.79 each from the Pennsylvania State Fire Commissioner’s Office annual Volunteer Firefighter/Volunteer Ambulance Service Grant Program. Both the DFS and FDMT intend to use these funds to replace a portion of their aging stock of fire hose and are requesting the Board’s approval to accept the grant funding. Resolution #5 made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch and adopted unanimously, granted approval to accept the 2015 PA Fire Commissioners Volunteer Firefighter / Ambulance Service Grant in the amount of $13,789.79 each.
Director of Planning and Zoning Bruce Shoupe reported that 309 Realty Partners, LLC has requested a waiver of the formal land development process for their property located at 776 Bethlehem Pike. They are proposing the renovation of the former Citibank building into a 2,001 square foot Starbuck’s with an associated drive-through and a 1,896 square foot sit down restaurant. The site is located within the C-Commercial zoning district. The proposed on-site traffic improvements have been reviewed by Traffic Planning and Design, Township traffic engineer. All other proposed work will be interior to the structure. Resolution #6 made by Chairman Joseph P. Walsh, seconded by Supervisor Michael J. Fox and adopted unanimously, approved the waiver of the formal land development process for 309 Realty Partners, LLC for 776 Bethlehem Pike, #M-15-73.
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 Walsh reported that a public meeting was scheduled for Tuesday, March 1, 2016 at 6:00 p.m. for a special information session to review the Liberation House proposal in advance of the Zoning Hearing Board meeting. Notice was sent to all properties near the home on Stump Road and the public is invited to attend this meeting.
There being no further business to come before the Board, the meeting adjourned at 9:18 p.m.