MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
MARCH 28, 2016
At 7:00 p.m. Chairman Joseph P. Walsh called to order the executive session. In attendance were Vice Chairman Candyce Fluehr Chimera, Supervisors Robert J. Birch and Jeffrey W. McDonnell. Supervisor Michael J. Fox 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 Vice Chairman Candyce Fluehr Chimera and Supervisors Robert J. Birch and Jeffrey W. McDonnell. Supervisor Michael J. Fox was absent. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief Scott Bendig, Richard Lesniak, Ami Tarburton, Ann Shade, Stacy Crandell, Bruce Shoupe, Kevin Costello, Rich Grier, Kelsey McMeans and Deb Rivas.
Following the Pledge of Allegiance, Chairman Joseph P. Walsh called for public comment from the audience.
Lorraine Schell of 119 Matthew Drive stated that she was there representing homeowners of the Montgomery Ridge development. Ms. Schell stated that two lots were sold by a property owner on Horsham Road and a builder plans on building two large homes on those lots behind 113, 115 and 117 Matthew Drive. Ms. Schell stated that the property lines do not add up and need to be re-surveyed. She also requested an explanation as to why the sewer easements on these lots were abandoned. Ms. Schell presented the Board of Supervisors with a document showing the residents’ concerns regarding these properties, including concerns about a decrease in home values and wildlife, the need for an accurate accounting of lot size / square footage of each lot, construction concerns and safety issues. Director of Planning Bruce Shoupe stated that the subdivision plan for these lots was approved in 2006. The plan was prepared by a registered civil engineer and reviewed by the Township engineer and would only have been approved if it met the Township’s code. Township Solicitor Frank Bartle, Esquire suggested that Ms. Schell meet with Bruce Shoupe to determine which public items require addressing by the Township. Ms. Schell indicated that she had met with Bruce Shoupe and that she would still like the property to be surveyed. Mr. Bartle stated that if there is objective evidence that the lot lines do not add up, she should present that information to Mr. Shoupe for further review.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting and discussed Fire Union negotiations and one matter of personnel. The Board also met in executive sessions on March 14, 2016 and March 21, 2016 to discuss a personnel matter. 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 March 14, 2016 Board of Supervisors meeting, and Supervisor Robert J. Birch seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Township Manager Lawrence J. Gregan reported that a vacancy currently exists on the Montgomery Township Environmental Advisory Committee (EAC). Township resident Emily Strake has expressed an interest in becoming member of the committee. Resolution #1 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, appointed Emily Strake as a member of the EAC to fill an existing three year term to expire January 1, 2019. Ms. Strake was sworn in to her position on the EAC by Chairman Joseph P. Walsh.
Director of Fire Services Rick Lesniak reported that the Fire Services Agreement provides that the Volunteer Fire Department of Montgomery Township (FDMT) annually advise the Board of Supervisors of its planned fundraising activities and requests the Board of Supervisor’s approval of the events. The FDMT proposes to host the following fund raising activities in 2016: Car Washes and a Coin Toss. Resolution #2 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the fund raising events.
Director of Fire Services Rick Lesniak reported that the Fire Department of Montgomery Township has selected its officers for the year 2016 to be presented to the Board of Supervisors. Vince Zirpoli, Fire Chief, announced the names of the Operational Officers: Vince Zirpoli, Fire Chief, William Weigman, Deputy Chief, Joseph Bifolco, Assistant Chief, Frank Colelli, Captain, John Scheiter, Captain, Joseph Bifolco, Captain, Vinay Setty, Captain, Michael Shinton, Lieutenant, Rachel Troutman, Lieutenant, Matthew Palm, Fire Police Captain and William Adams, Fire Police Lieutenant. Glen Roetman, President, announced the Administrative Officers: Glen Roetman, President, Turner Semrau, Vice-President, Michael Shinton, Treasurer, Michael Goldberg, Financial Secretary, Philip Stump, Secretary, and Vinay Setty, Head Trustee, and the Relief Association Officers: Matthew Palm, President, Paul Mogensen, Vice-President, Joel Silver, Treasurer and Michael Goldberg, Secretary. Resolution #3 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the Fire Department of Montgomery Township and the Fire Department of Montgomery Township Relief Association 2016 Officers.
Public Information Coordinator Kelsey McMeans reported that the Valley Forge Tourism and Convention Board recently launched a new branding campaign aimed at bringing travel and tourism to all of Montgomery County’s fantastic attractions and destinations, encouraging visitors and locals alike to #MakeItMontco. Dad Werkerly of the Valley Forge Tourism and Convention Board made a presentation addressing some of these new campaign initiatives and how they directly impact the people of Montgomery Township. A video highlighting Montgomery County was shown as well. The Valley Forge Tourism and Convention Board will gladly advertise any of the events sponsored by Montgomery Township on its website.
Chairman Joseph P. Walsh opened a public hearing at 8:45 p.m. to consider the adoption of proposed Ordinance #15-293-Z – Text Amendment to BP Zoning District – Congregate Care/Independent Senior Living. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Frank Bartle introduced the ordinance, read the legal advertisement, listed and entered Township exhibits on the record. Director of Planning and Zoning Bruce Shoupe reported that the Township received a request from Fairway 202 Associates for a text amendment to the BP – Business Office and Professional District regulations in the Zoning Code. A new use has been proposed in this district for Congregate Care/Independent Senior Living. This is a proposed combination of a senior day-care facility and a residential use. This proposed use is not permitted by right in any zoning district of the Township at present. The applicant proposes that the BP – Business Office and Professional District would be the appropriate district for this use, subject to Conditional Use Approval. The proposed amendments to the current BP Zoning regulations would define and add the “Congregate Care/Independent Senior Living” use as a permitted Conditional Use within the BP Zoning District along with the following revisions to the dimensional requirements for this use: Increase the maximum building height from 35 feet to 40 feet not to exceed 3 stories; increase the maximum building coverage from 15% to 25% of the total lot area; revise parking and side yard setback requirements; establish a minimum parking requirement of .6 parking spaces per suite; and provide for exemptions from special regulations in the BP District when this use abuts a residentially zoned golf course.
Attorney James Garrity, Esquire, representing the applicant, reviewed the proposed plan for the facility and shared conceptual drawings with the Board of Supervisors. Planner Ken Amey reported that the proposed Ordinance went through several revisions and took a considerable amount of time to incorporate all of the changes that were suggested. Overall, it was agreed that this was a good use of this parcel of land. Several residents of the Pine Crest community spoke in favor of this plan and use for the parcel. Residents Dan Baker of 194 Pine Crest Lane and Mark McKenna of 330 Country Club Drive both commented that this was an excellent use for this property. The hearing was closed at 9:16 p.m. Resolution #4, made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved Ordinance #15-293-Z, Text Amendment to BP Zoning District – Congregate Care/Independent Senior Living.
Director of Planning and Zoning Bruce Shoupe reported that the preliminary/final land development plan for LDS#681 – 1390 Welsh Road was postponed at the request of the applicant. Chairman Joseph P. Walsh made a motion to postpone the review of the plan to the next Board of Supervisors meeting on April 11, 2016. Vice Chairman Candyce Fluehr Chimera seconded the motion. The motion was approved unanimously by a vote of 4 to 0, with Supervisor Michael Fox absent.
Director of Planning and Zoning Bruce Shoupe reported that a land development application has been received from Montgomeryville Five Point Plaza located at 640 Cowpath Road for the development of Condo Unit #5. The property site contains 45.85 acres and currently consists of several retail, restaurant and service uses with associated parking and site improvements. Condo Unit #5 is adjacent to BJs Warehouse Club. The proposal includes retail uses A1 and A2, 17,912 square feet and 18,139 square feet, respectively. Additional improvements include the construction of parking areas, signage and pavement markings. Township staff and consultants have reviewed the plan as proposed. Resolution #5 made by Chairman Joseph P. Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the final plan, LDS #687 for Condo Unit #5 located at 640 Cowpath Road.
Director of Planning and Zoning Bruce Shoupe reported that it has been the policy of the Board of Supervisors to waive permit fees for non-profit and religious organizations. The Township has received a request from Bharatiya Temple to waive the building permit fee for the building canopies at the side entrances to the Temple foyers. The fee is $349.00. Resolution #6 made by Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the waiver of the permit fee for the Bharatiya Temple located at 1612 County Line Road.
Assistant to the Township Manager Stacy Crandell announced the 2016 Spring date for the curbside leaf waste collection. The Spring 2016 curbside collection will take place on Saturday, April 16, 2016. Residents must place the collected leaf and yard waste materials in biodegradable paper bags at the curb prior to 7:00 a.m. that day for collection.
Director of Administration and Human Resources Ann Shade reported that the Township maintains an employee handbook of personnel policies that is provided to all employees. As laws, practices and procedures change, the Township determines the need to update existing policies or to add new policies. The Sexual Misconduct and Sexual Harassment Policy and the Anti-Harassment Policy are being presented for approval as an update to existing policies that were approved on April 12, 2004. These policies stress the Township’s position of “zero tolerance” of sexual misconduct or any harassment that is sexual or based upon race, color, religion, gender, national origin, age, disability, marital status, veteran status, citizenship or any other status protected by law. In addition, the PA Child Protective Services Law: Employment-Related Practices Policy is being presented for approval as a new policy to coincide with the Township’s current practices related to the hiring of employees whose essential job functions include the care, supervision, guidance or control of children or routine interaction with children. These policies have been reviewed by the Risk Control Department of Delaware Valley Insurance Trust, labor attorneys of Eckert Seamans and Montgomery Township staff. Resolution #7 made by Supervisor Robert J. Birch, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the policies for distribution to employees and inclusion in the Montgomery Township Employee Handbook.
Director of Administration and Human Resources Ann Shade reported that the committee bylaws for the Employee Pension Committee provide that the Finance Director-Treasurer and the Director of Administration and Human Resources will as Co-Administrators of the Money Purchase Pension Plan (401a), Deferred Compensation Plan (457b) and the Police Pension Plan Plans. Staff is requesting the consideration of the appointment of Ami Tarburton, Finance Director-Treasurer, as Co-Administrator of the above-referenced plans. Resolution #8 made by Supervisor Robert J. Birch, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously appointed Ami Tarburton as a Co-Administrator of the Township’s pension plans.
Resolution #9 made by Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the construction escrow release #10 for LDS#630 – for Firefox Phase 1 in the amount of $123,882.94.
Resolution #10 made by Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the construction escrow release #2 for LDS#677 – for Narayan Guest House in the amount of $61,449.16.
Resolution #11 made by Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the construction escrow release #7 for LDS#639 – for Maple Drive/Crystal Road Townhouse Project in the amount of $127,615.39.
Resolution #12 made by Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the construction escrow release #3 for LDS#667 – for the Goodwin Tract at 131 Stevers Mill Road in the amount of $21,765.25.
A motion to approve the payment of bills was made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera, and adopted unanimously, approved the payment of bills as submitted.
There being no further business to come before the Board, the meeting adjourned at 9:30 p.m.