MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
JULY 11, 2016
At 7:00 p.m. Chairman Joseph P. Walsh called to order the executive session. In attendance were Vice Chairman Candyce Fluehr Chimera and Supervisors Robert J. Birch and Jeffrey W. McDonnell. Supervisor Michael 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, Rick Lesniak, Ami Tarburton, Ann Shade, Bruce Shoupe, Kevin Costello, Floyd Shaffer, Rich Grier and Deb Rivas.
Following the Pledge of Allegiance, Chairman Joseph P. Walsh called for a moment of silence for the Police Officers who were injured and killed in Dallas, Texas. Chairman Joseph P. Walsh also called for public comment from the audience.
Clifford Fitzgerald of 601 Ellison Drive requested an update on the schedule preparation and security guarantees regarding the unfinished improvements in the Montgomery Pointe and adjoining developments. Township Solicitor Frank R. Bartle, Esquire, reported that an agreement was reached between the Cutler Group and Montgomery Township that the Board will be considering for approval this evening. The agreement handled six particular items, including the timely completion of outstanding improvements; the Township’s use of existing improvement guarantees; the developer to personally guarantee the Enclave Boulevard paving restoration; the posting of additional cash escrow; that the Enclave Boulevard improvements will take place at the expense of Mr. Cutler and not come from the amounts that are previously escrowed; and the six month extension of Montgomery Point Phase 2A’s letter of credit.
Also under public comment, Rodney Thota of 213 Harley Court asked if the agreement reached with the Cutler Group included the Montgomery Knoll development. Specifically, Mr. Thota was inquiring about Destiny Way and Harley Court. Mr. Bartle explained that the agreement included Enclave Boulevard and that the intersection of Destiny Way and Harley Court was a separate matter and not part of this agreement. The Board asked Director of Planning and Zoning Bruce Shoupe to contact Mr. Thota to determine his concerns regarding the Montgomery Knoll Development.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting and discussed two matters of labor negotiations, one matter of personnel and one matter of potential litigation. 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 June 27, 2016 Board of Supervisors meeting, and Vice Chairman Candyce Fluehr Chimera seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Vice Chairman Candyce Fluehr Chimera made a motion to approve the Amendment to the Montgomery Point Land Development Agreements phase 1, 2A, 2B and 3 and Montgomery Walk Land Development Agreements phase 1, 2A and 2B. The motion was seconded by Supervisor Robert J. Birch and adopted by a vote of 3 to 0, with Chairman Joseph P. Walsh abstaining from the vote.
Chief of Police J. Scott Bendig introduced the Township’s newest Recruit Police Officer, Anthony Shearer. Mr. Shearer was selected as a top candidate from a recruiting process that included a written examination, a physical agility test, police oral review board, a background investigation, including a polygraph examination, neighborhood interviews, employer interviews, and a Public Safety Committee oral interview. Resolution #1 made by Chairman Joseph Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, appointed Anthony Shearer to the position of Recruit Police Officer in the Montgomery Township Police Department, effective July 12, 2016.
Chairman Joseph P. Walsh presented a donation check in the amount of $1,500 to the
North Wales Library. Jayne Blackledge was present to accept the check on behalf of the North Wales Library and provide an update on the libraries activities.
Township Manager Lawrence J. Gregan reported that municipalities located in the Wissahickon Creek Watershed are obligated under the PA DEP’s MS4 and NPDES programs to meet TMDL phosphorous limits which is believed to be technologically infeasible and not likely to result in improvements to the water quality of the Wissahickon Creek. Municipalities and wastewater treatment plant operators in Montgomery and Philadelphia counties recognize that for watersheds, such as the Wissahickon Creek Watershed which cross municipal boundaries, it would be better to participate in a collaborative effort to study and develop an alternative to the proposed EPA Total Phosphorus TMDL that will have a positive effect on water quality in the watershed. An Intergovernmental Cooperation Agreement has been created to move the study process forward. The Pennsylvania Environmental Council will undertake the study which will be funded in part with a $1.2 million grant from the William Penn Foundation. The Township’s local match would be $12,500 over a two year basis. Proposed Ordinance #16-295 authorizes the Township to approve this agreement. Resolution #2 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, adopted Ordinance #16-295, approving participation in the Intergovernmental Cooperation Agreement Wissahickon Creek Alternative TMDL.
Director of Fire Services Richard Lesniak reported that while performing maintenance on Ladder 18, the service technician noted that hydraulic oil was leaking from the left rear outrigger jack cylinder. This equipment is used to stabilize the apparatus when the aerial ladder is in operation. In order to make the necessary repairs, the apparatus needs to be taken to Glick Fire Equipment Company, Inc., in Lancaster, PA. The cylinder needs to be removed from the vehicle and sent to a third party vendor who installs new seals. An estimate has been provided by the Glick Fire Company in the amount of $5,566.00 to repair the outrigger with the truck being out of service for 6 weeks. In order to limit the time that the truck is out of service, he recommend that both the left rear and right rear outrigger be completed at one time for a total cost of $11,050. Resolution #3 made by Supervisor Robert J. Birch, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized Glick Fire Equipment Company, Inc. to repair both the left rear and the right rear outriggers on Ladder 18 at the estimated cost of $11,050.
Director of Planning and Zoning Bruce Shoupe reported that the Board of Supervisors previously adopted Ordinance #15-292 on February 22, 2016, adopting new Floodplain Conservation District regulations in the Township Zoning Code to maintain the Township’s compliance with the requirements of the National Flood Insurance Program. Following the adoption of that ordinance, two additional changes were identified for inclusion in the Floodplain Regulations to: 1) provide a description of Zone AE in Section 230-12 (Identification of Floodplain Area); and 2) prohibit manufactured homes within the floodplain. In addition, amendments to the Township’s Land Development and Subdivision Code are being proposed for adoption to ensure consistency with the Floodplain Regulations in the Zoning Code. Resolution #4 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera authorized the advertisement of a public hearing for proposed Ordinance #16-297Z – Amendments to Floodplain Regulations in Zoning and SALDO Ordinance to be held on September 26, 2016.
Director of Planning and Zoning Bruce Shoupe reported that a draft ordinance has been proposed by the Shade Tree Commission to amend Chapter 189 of the Township Code governing shade trees. This amendment will create a new section entitled “Residential Street Tree Replacement” which will provide for: 1) a street tree species list for residential lots; 2) street tree sizing requirements for residential lots; 3) sidewalk/roadway street tree setback requirements; 4) street tree sizing requirements in association with a subdivision or land development application. This ordinance will also amend the Township’s Land Subdivision Ordinance to ensure consistency with the new section 189-7.1. Resolution #5 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of a public hearing for proposed Ordinance #16-298-S – Amendments to Shade Tree Ordinance and SALDO Landscaping Regulations to be held on September 26, 2016.
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, with the exception of Supervisor Robert J. Birch abstaining from voting on the invoices for Eckert Seamans, otherwise, approval was given for the payment of bills as submitted.
There being no further business to come before the Board, the meeting adjourned at 8:36 p.m.