MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
JUNE 13, 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 Michael J. Fox. Supervisor Jeffrey W. McDonnell was absent. Also in attendance were Lawrence Gregan, Frank Bartle, Esquire, Police Chief Scott Bendig and Anthony Shearer, Police Recruit.
Chairman Joseph P. Walsh called the action meeting to order at 8:05 p.m. In attendance were Vice Chairman Candyce Fluehr Chimera and Supervisors Robert J. Birch and Michael J. Fox. Supervisor Jeffrey W. McDonnell was absent. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Chief Scott Bendig, Rick Lesniak, Ami Tarburton, Ann Shade, Stacy Crandell, Bruce Shoupe, Kevin Costello, Floyd Shaffer, Rich Grier and Deb Rivas.
Following the Pledge of Allegiance, Chairman Joseph P. Walsh called for public comment from the audience.
Clifford Fitzgerald of 601 Ellison Drive requested a status on the time frame to complete the unfinished portions of Montgomery Pointe and the joining communities. Township Solicitor Frank Bartle, Esquire stated that the Township Engineer has just forwarded to the Cutler Group’s engineer a list of all of the improvements that need to be made and the issues with respect to the posting of additional security to cover these improvements. Mr. Bartle further stated that arrangements are being made to do the work that is necessary and to move forward with respect to the items that are not yet completed. At this time no actual completion date exists and it will take few weeks to complete all the steps necessary to obtain an agreement and specific dates. At that time, Mr. Bartle stated, more final time parameters will be available. It is the Boards intention to continue to push this issue to the forefront and it remains a top priority. Mr. Fitzgerald also questioned the Township’s long-standing relationship with the Cutler Group and the many developments that have been built in the Township. The Board assured Mr. Fitzgerald and the other residents present that they are putting as much pressure on the Cutler Group as possible it there is no conflict regarding any past development in the Township.
Ravi Patel of 606 Ellison Drive expressed his concern about statements made regarding the installation of trees and basins and walking paths prior to the other surrounding developments being completed. Mr. Bartle stated that the Township was going to request that the Cutler Group do everything that is necessary to be done and what should be repaired and remediated to this point. Mr. Bartle explained that the Township is not going to allow the Cutler Group to say that they are not going to do anything until such time as all the houses are completed.
Jeff Wenner of 146 Addison Lane stated that he wished to express his views on the naturalization of the water retention basin in his neighborhood. Mr. Wenner stated that he noticed that the basin had not been mowed and shortly after, he received a notice from the Township explaining the reason for the change of status to a naturalized basin. Mr. Wenner stated that he has concerns about the basin, including weeds, wildlife, insects, especially mosquitos. Mr. Wenner said that he was not in favor of the decision to turn this basin into a natural state and he would prefer if the Township focused its efforts on basins that were not in residential areas. Supervisor Michael J. Fox stated that the project is really a mandate coming down from the Environmental Protection Agency (EPA) to the PA Department of Environmental Protection (DEP) to the Township and that we need to naturalize the basins. The project was done to help meet the Township’s requirements of its MS4 permits. The Township does review and monitor each basin in the program to make sure that the goals are being met. The Township currently owns 64 basins and of those, 47 are naturalized. The project is now moving into the residential areas. Mr. Wenner stated that the weeds around the fence are an issue and the fence itself is crumbling and in a state of disrepair. Township staff will determine if the fence is required to be installed at that basin and the Public Works Department will mow the weeds outside the basin fence area.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting and discussed one personnel matter and two matters of potential litigation. The litigation matters discussed included RD Management vs. Montgomery Township, the Zoning Hearing Board application for a parking variance for 741 Bethlehem Pike and a Zoning Hearing Board appeal for 110 Bellows Way. 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 May 23, 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 J. Gregan stated that the Board of Supervisors previously established the Community & Recreation Center Advisory Committee. The committee was established to assist with identifying the needs of the Community and Recreation Center, recommend activities and programming, and recommend plans and policies regarding the programs and services of the Community and Recreation Center. Township residents Thomas Alesi, Otto A. Gaylord, Anthony Ruggieri and Audrey Schrader have expressed an interest in becoming members of the Montgomery Township Community & Recreation Center Advisory Committee. Resolution #1 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera, appointed the new members to serve one year terms on the Montgomery Township Community & Recreation Center Advisory Committee.
Chairman Joseph P. Walsh opened a public hearing at 8:35 p.m. to consider the application for a Liquor License Transfer for #LL-16-05, Turtle Time, JRP1, LLC. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Frank R. Bartle, Esquire presented the application, legal advertisement and exhibits into the record. Matthew Goldstein, Esquire, the attorney representing Turtle Time, JRP1, LLC presented a brief summary of the operations for the proposed restaurant and answered questions regarding the application that was submitted for a liquor license transfer for the proposed Green Turtle Sports Bar and Grille to be located in the building that housed the former Pizzeria Uno. The public hearing was closed at 8:45pm. Resolution #2 made by Chairman Joseph P. Walsh, seconded by Supervisor Michael J. Fox and adopted unanimously, approved the liquor license transfer for Turtle Time JRP1, LLC.
Director of Public Works Kevin Costello reported that the Township is able to purchase petroleum products from the cooperative purchase contract through the Southeastern PA Counties Cooperative Purchasing Board. The current contract was awarded to Riggin’s Inc. and was set to expire in June of 2016, but has since been extended for a period of one year. Resolution #3 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the participation in the extended Southeastern PA Counties Cooperative Purchasing Board Fuel Contact for a period of one year ending on June 30, 2017.
Director of Public Works Kevin Costello reported that his Township vehicle, a 2007 Ford Expedition was declared a total loss by DVIT as a result of a vehicle accident in May 2016. The salvage value of the vehicle was $10,932.00, which has been received by the Township’s insurance carrier. The Expedition was scheduled for replacement in 2017 as part of the Capital Equipment Replacement Plan. The proposal is to replace the vehicle by downsizing from an Expedition to an Explorer which reduces the replacement cost and provides for a more fuel efficient vehicle. Resolution #4 made by Chairman Joseph P. Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the purchase of a 2017 Ford Explorer from Whitmoyer Auto Group of Mount Joy, PA under Co-Stars Contract #26-053 for a total cost of $31,200.00.
Township Manager Lawrence J. Gregan reported that he is proposing to purchase a 2017 Ford Escape to replace the 2006 Chevrolet Impala used by the Township Manager. The Impala currently has 66,000 miles on it and was scheduled and budgeted to be replaced in 2016 as part of the Capital Equipment Replacement Plan. Resolution #5 made by Supervisor Robert Birch, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the purchase of a 2017 Ford Escape from Whitmoyer Auto Group of Mount Joy, PA under Co-Stars Contract #26-053 for a total cost of $30,800.00.
Director of Administration and Human Resources Ann M. 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 Substance Abuse Policy, Drug and Alcohol Policy for Employees with Commercial Driver’s License (CDL) and Post-Offer, Pre-Employment Medical Examination and Substance Abuse Policy are being presented for approval. 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 #6 made by Chairman Joseph P. Walsh, 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.
Township Manager Lawrence J. Gregan reported that the Local Tax Enabling Act is the law that governs the township authority to assess and collect earned income tax (EIT) from residents and non-residents in the Township to support the operation of the Township. Under the provisions of this act, EIT revenues generated by non-residents employed in the Township are remitted to the municipality in which they reside if their municipality has the EIT. Conversely, the Wage Tax enacted by the City of Philadelphia pursuant to the Sterling Act of 1931, does not require Philadelphia to remit any portion of the wage tax collected from non-residents to their home municipality. As a result, Montgomery Township does not receive any portion of the EIT revenue from the taxes paid by its residents to the City of Philadelphia while employed in the city. The net result is a loss of over $688,000 in Earned Income Tax revenues per year. The Board is requested to consider adoption of a resolution requesting that the State Legislature pass, and that the Governor adopt, an amendment to the “Sterling Act” to require that up to one percent of the Philadelphia Wage Tax Paid by Non-Residents of Philadelphia be remitted to the municipality/school district in which the taxpayer resides. State Representative Todd Stephens is currently looking to introduce legislation to amend the Sterling Act to eliminate this special taxing authority of the City and is seeking co-sponsors for this legislation. Resolution #7 made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the resolution in support of the amendment to the Sterling Act of 1932.
Resolution #8 made by Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the start of maintenance period and construction escrow release #4 for LDS#667 – for Goodwin Tract at 131 Stevers Mill Road in the amount of $18,993.50.
Director of Planning and Zoning Bruce Shoupe reported that an application for a text amendment to the BP Business Office and Professional District has been received from Hawthorn Development LLC. The applicant is proposing to develop the property, located on Doylestown Pike, as a Congregate Care/Independent Senior Living facility, including a main building with 144 suites, 2 manager units and 12 cottage units and associated improvements. This is designed exclusively for persons 62 years of age or older. The applicant is proposing to modify Section 230-83.E of the Zoning Ordinance to increase the permitted height of outdoor lighting for Congregate Care/Independent Senior Living uses to fourteen (14) feet. They feel that this is necessary to ensure that they can provide uniform and safe lighting in accordance with the IESNA lighting safety standards. Resolution #9 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement for a public hearing for the text amendment to BP Business Office and Professional District for Hawthorn Development LLC – located on Doylestown Pike, to be held on July 25, 2016.
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.
There being no further business to come before the Board, the meeting adjourned at 8:56 p.m.