MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

MAY 9, 2016

 

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, Michael J. Fox and Jeffrey W. McDonnell.  Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief Scott Bendig, Rick Lesniak, Ami Tarburton, Ann Shade, Stacy Crandell, Bruce Shoupe, Kevin Costello, Rich Grier and Floyd Shaffer.

            Following the Pledge of Allegiance, Chairman Joseph P. Walsh called for public comment from the audience.  Mr. Chris Stigler of 9 Andrew Lane, made public comment regarding the cancellation of the Junior Kids University Program and asked the Board to take another look at the Department of Human Services Regulations.  Township Solicitor Frank Bartle, Esquire and Township Manager Lawrence J. Gregan addressed his request and stated that unfortunately in order to make sure the Township is not in conflict with the Department of Human Services (DHS) Regulations, children who have not yet attended Kindergarten are consider “Pre-School Age” and are not able to attend the Kids University Program.  As a result, the Township had no alternative but to cancel the program.

            Supervisor Michael J. Fox made a motion to approve the minutes of the April 25, 2016 Board of Supervisors meeting, and Vice Chairman Candyce Fluehr Chimera seconded the motion.  The minutes of the meeting were unanimously approved as submitted.

            Township Manager Lawrence Gregan introduced Floyd Shaffer, the new Director of Recreation and Community Center effective May 2, 2016.  Mr. Shaffer brings over 30 years of extensive recreation knowledge to share with Montgomery Township.  Resolution #1 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the appointment of Floyd Shaffer to the position of Director of Recreation and Community Center.

            Police Chief Scott Bendig presented the resolution to recognize the week of May 15th – May 21st as National Police Week.  Police Week pays special recognition to law enforcement officers who have lost their lives in the line of duty for the safety and protection of others.  Resolution #2 made by Chairman Joseph P. Walsh, seconded by Supervisor Michael J. Fox and adopted unanimously, recognized May 15th to May 21st as National Police Week. 

            Police Chief Scott Bendig recognized several police officers for their outstanding performance in the line of duty during 2015.  Chief Bendig recognized Officer John Rushin with a Letter of Official Commendation for the apprehension of three suspects during a suspicious vehicle stop which led to the discovery of cash, drugs and an illegal handgun in their hotel room. 

            Police Chief Scott Bendig also recognized Officer Daniel Rose, Officer Peter Byrne, Officer Jake Beebe, and Officer Matthew Seydel for a unit citation and Officer Daniel Rose with an Official Commendation for Heroism.  The Officers were commended for their actions upon responding to a call concerning shots being fired at a residence in the Township in April 2015.  Upon responding to the incident, Officer Rose entered an unsecured shooting scene to rescue a woman injured by gunfire.  Officers Byrne, Seidel and Beebe provided cover for Officer Rose and secured the surrounding area until SWAT team members arrived.  The Board of Supervisors congratulated all of the officers for their outstanding actions.  Resolution #3 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, commended the officers for their outstanding performances. 

            Police Chief Scott Bendig introduced the newest K-9 on the force.  K-9 Odin is a two year old Belgian Malinios and is partnered with Officer Daniel Rose.  K-9 Odin is trained in Patrol and Narcotics. 

            Public Works Director Kevin Costello presented the resolution to recognize National Public Works Week during the week of May 15th- May 21st, 2016.  The theme for this year’s week is “Public Works, Always There.”  Resolution #4 made Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch, and adopted unanimously, recognized National Public Works Week.  In addition, the Board of Supervisors thanked the entire Public Works Department for all of their hard work and approved a lunch for all of the Public Works staff. 

            Public Works Director Kevin Costello presented a quote to replace the frame rails on the Department’s 1999 Mack Dump Truck resulting from severe deterioration caused by the rock salt over the years.  Staff is proposing to extend the normal service life of the 1999 Mack Dump Truck by removing and replacing the frame rails from the cab back under the dump body.  The project was included in the 2016 Final Budget.  Under the Township’s purchasing policy, three quotes were obtained to perform this work.  Mr. Costello recommended that Del-Val International, the lowest of the three quotes, at the amount of $12,230.00, be approved to complete the project.  Resolution #5 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera, and adopted unanimously to approve the Frame Rail Replacement Project for the 1999 Mack Dump Truck to be completed by Del-Val International for a total projected cost of $12,230.00. 

            Director of Fire Services Rick Lesniak presented a proposal for a capital purchase of fire hose for the Department of Fire Services and Fire Department of Montgomery Township.  The Board of Supervisors previously granted approval for the Department of Fire Services (DFS) and Fire Department of Montgomery Township (FDMT) to each submit an application through the Pennsylvania State Fire Commissioner’s Office annual Volunteer Firefighter/Volunteer Ambulance Service Grant program for funding to replace portions of its aging stock of hose.  The DFS and FDMT were each awarded grants for this purpose with additional funding being provided by Township Capital Replacement Funds. 

A quote was received from Witmer Public Safety Group, LLC, an authorized vendor under the Co-Stars Cooperative Purchase Program, to provide “Mercedes” brand fire hose to the Department.  Since the purchase of these items are a capital expenditure above $10,000.00, the DFS is requesting approval from the Board of Supervisor to purchase the following amounts of hose: 1,500 feet of 5” hose $11,970.00, 2,000 feet of 3” hose $11,280.00, 1,400 feet of 2.5” hose $ 7,056.00, 2,100 feet of 1.75” hose $ 7,854.00 for a total of $38,160.00.  Resolution #6 made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch, and adopted unanimously to approve the capital purchase of the fire hose at the cost of $38,160.00 from Witmer Public Safety Group, LLC.

Director of Administration and Human Resources Ann Shade presented recommended amendments to the Employee Handbook Policies affecting policies for Employment Definitions, Sick Leave, Short-Term Disability, and Family Medical Leave Act.  She noted that Montgomery Township maintains a handbook of personnel policies that is provided to all employees. As laws, practices and procedures have changed over the years, the Township determined the need to both update existing policies and add new policies as appropriate.

The following policies are being presented for approval:

  • Employment Definitions – This policy has been updated to provide a clear description of the hours required to work in order for an employee to be eligible for healthcare benefits in accordance with the Affordable Care Act.
  • Sick Leave – The primary update on this policy is to require an employee to bring in a doctor’s note in the event they are absent from work for three or more consecutive days. This change will also run concurrent with some eligibility provisions of the Family Medical Leave Act.
  • Short-Term Disability (STD) – The primary update on this policy is to define the procedure for administering short term disability coverage for employees who have a recurring disability.
  • Family Medical Leave (FMLA) – The primary update on this policy is to provide an overall upgrade to the policy wording in compliance with updated provisions of the Family Medical Leave Act, including definitions and processes when applicable for members of the military.

In preparation for Board of Supervisors approval, these policies have been reviewed by labor attorneys of Eckert Seamans and Montgomery Township staff. In applicable instances, recommendations were also given by the Risk Control Department of Delaware Valley Insurance Trust (DVIT).  Resolution#7 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the amendments to the Employment Definitions, Sick Leave, Short-Term Disability, and Family Medical Leave Act.   

            Director of Planning and Zoning Bruce Shoupe presented the request for construction escrow release #1 for BJ Wholesale Club LDS#673 as recommended by the Township Engineer.  The original amount of the escrow was $1,270,151.19, held as a Performance Bond.  This is the first escrow release for this project. The current release is in the amount of $1,096,136.90.  The new balance would be $174,014.29.  Resolution #8 was made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously to approve the escrow release in the amount of $1,096,136.90. 

            Director of Planning and Zoning Bruce Shoupe presented the request for the start of maintenance and escrow release #1 for LD/S #656 Flynn/Derck Minor Subdivision- 1407 Upper State Road.  Kristofer Flynn has requested that the eighteen month maintenance period for 1407 Upper State Road begin.  They have also requested an escrow release in the amount of $44,294.25. This would deplete the original escrow account. This release would be contingent upon the developer providing the 18 month maintenance surety in an amount of $4,134.00, which is 15% of the original total escrow.  This will be held for a period of 18 months until November 9, 2017. The Township Engineer recommends that this release #1 be made and the maintenance period begin.  Resolution# 9 was made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously to approve the start of maintenance and the escrow release #1 in the amount of $44,294.25. 

            Director of Planning and Zoning Bruce Shoupe presented the request for waiver of the permit fee for the special event for Mary Mother of the Redeemer Catholic Church Parish Festival.  Resolution#10 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously approved the waiver of fees for Mary Mother of the Redeemer Parish Festival that will be held on June 21-25, 2016. 

            Director of Planning and Zoning Bruce Shoupe presented the request for waiver of building permit fee for Mary Mother of the Redeemer Church Sanctuary Modifications.  Resolution #11 was made by Chairman Joseph P. Walsh, seconded Supervisor Robert J. Birch and adopted unanimously to waive the building permit fees of $5,484.00. 

            Director of Recreation and Community Center Floyd Shaffer presented the request for from Montgomery United Soccer to waive all permit fees associated with their use of Soccer Fields #1 and #2 and the Hennings Soccer Field at the William F. Maule Park at Windlestrae, Soccer Fields #1 and #2 at Windlestrae – Rose Twig and Zehr Soccer Fields #1, #2, and #3 on Saturday, May 14 and Sunday, May 15, 2016, for their annual Shoot for the Cause Tournament.  According to the Township’s current Facility and Field Use Fee Schedule, the tournament charge would be $200 per field per day, resulting in a maximum total charge of $3,200 for the requested dates. Resolution#12 was made by Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch and adopted unanimously to approve the fee waiver for Montgomery United Soccer. 

            A motion to approve the payment of bills was made by Supervisor Michael J. Fox, seconded by Supervisor Robert J. Birch and adopted unanimously, approving the payment of bills as submitted.

            There being no further business to come before the Board, the meeting adjourned at 8:35 p.m.