MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
JULY 25, 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, Michael J. Fox, and Jeffrey W. McDonnell. Also in attendance were Lawrence Gregan and Robert Iannozzi, 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, Michael J. Fox, and Jeffrey W. McDonnell. Also in attendance were Robert Iannozzi, Esquire, Lawrence Gregan, Chief Scott Bendig, Rick Lesniak, Ami Tarburton, Ann Shade, Bruce Shoupe, Kevin Costello, Floyd Shaffer, Lance Allen, Kelsey McMeans, and Stacy Crandell.
Following the Pledge of Allegiance, Chairman Joseph P. Walsh called for public comment from the audience.
Mark Reitz of 608 Cowpath Road asked for assistance with bamboo that is spreading onto his property from his neighbor’s property. He stated that he tried working with the neighbor and now the neighbor is moving to Florida and selling his property without fixing the bamboo issue. The Board asked Township Staff to look into this matter.
Solicitor Robert Iannozzi announced that the Board had met in an executive session prior to this meeting and discussed labor negotiations, four matters of potential litigation, and two matters regarding condemnation of properties by PennDOT. Mr. Iannozzi 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 July 11, 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 introduced Christine Wassel as a new appointment to the Community and Recreation Center Advisory Committee. Resolution #1 made by Supervisor Robert J. Birch, seconded by Vice-Chairman Candyce Fluehr Chimera and adopted unanimously, to appoint Christine Wassel to serve as a member of the Montgomery Township Community and Recreation Center Advisory Committee with a one year term to expire on January 1, 2017.
Township Manager Lawrence J. Gregan announced that Ruth Hardin submitted her letter of resignation as a member of the Autumn Festival Committee. Ms. Hardin had served on the Autumn Festival Committee since 2002 and was an integral part of the Committee. Ms. Hardin is moving out of the Township and is unable to continue to serve in this capacity. Resolution #2 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, accepted the resignation of Ruth Hardin from the Montgomery Township Autumn Festival Committee and thanked Ms. Hardin for her contributions during the time she served as a member of the Committee.
Chairman Joseph P. Walsh announced the donation of $3,000 to the PEAK Center. The representative from the organization was not in attendance.
Edward J. Furman, CPA, Partner of Maillie, LLP provided an overview of the 2015 Audit Results for Montgomery Township. Mr. Furman reported that Montgomery Township had a solid year for 2015, with an unqualified audit, strong balance sheets and an extremely strong financial report. Resolution #3, made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and unanimously approved, accepted the Comprehensive Annual Financial Report for Year Ended December 31, 2015, as prepared by Maillie, LLP and Finance Department staff.
Finance Director Ami Tarburton presented the 2nd Quarter 2016 Budget report. Ms. Tarburton’s presentation summarized the operating results through June 30, 2016 and identified the significant activities in the fund balance, revenues and expenses. Ms. Tarburton reported that overall the Township finances are in excellent condition, with the 2nd Quarter revenues and expenses tracking as expected in the 2016 Budget.
Finance Director Ami Tarburton introduced James Gray and Brian Bradley from RBC Capitals Market to discuss pursuing advance refunding of the bond debt. At the February 25, 2013 Board Meeting, the Board adopted Ordinance#13-271 to increase the indebtedness of the Township by an amount not to exceed $10M through a series 2013 bond offering to finance capital improvement projects in the Township including the design, construction and equipping of the Community and Recreation Center and to refund a portion of the Township’s General Obligation Note. Series of 2012. Since the original sale of the bonds, interest rates have continued to decline offering the Township an opportunity to consider an advance refunding to realize significant savings.
Brian Bradley from RBC Capital Markets, provided an estimate of savings for the advance refunding of the Bonds, showing approximately $770,000 in potential savings. Mr. Bradley also provided proposed timetable and additional information on parameters for the potential refunding. Resolution #4, made by Chairman Joseph P. Walsh, seconded by Supervisor Michael J. Fox and unanimously approved, authorized the staff to pursue the advance refunding of the General Obligation Bonds, Series 2013.
Chairman Joseph P. Walsh opened a public hearing at 8:30 p.m. to consider the adoption of proposed Ordinance #16-296-Z – Text Amendment to BP Zoning District – Lighting Regulations. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Robert Iannozzi 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 Hawthorn Development, LLC, for a text amendment to the BP – Business Office and Professional District regulations in the Zoning Code. A new use has been proposed 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 feet. The developer believes this height can provide uniform and safe lighting in accordance with the IESNA lighting safety standards verses the present height limitation of ten feet.
Attorney James Garrity, Esquire, representing the applicant, reviewed the proposed amendment with the Board of Supervisors. The hearing was closed at 8:45 p.m. Resolution #5, made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved Ordinance #16-296-Z, Text Amendment to BP Zoning District – Lighting Regulations.
Solicitor Robert Iannozzi presented the written decision on the conditional use of the Hawthorne Development, LLC- 418 Doylestown Pike. Resolution #6, made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the Decision and Order regarding the Conditional Use Application of Hawthorne Development, LLC for a congregate care/independent senior living facility at 416 Doylestown Pike, 418 Doylestown Pike, Elm Place, and a portion of 697 Bethlehem Pike.
The Township has received a request from the Montgomery Township Municipal Sewer Authority to waive the grading permit fee for the proposed sanitary sewer system maintenance access way at Shelburne Drive and the 202 Parkway. The fee is $600. Resolution #7, made by Supervisor Michael J. Fox, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the fee waiver for the grading permit fee of $600 for proposed sanitary sewer system maintenance access way at Shelburne Drive and the 202 Parkway.
Township Manager Lawrence J. Gregan presented two Traffic Signal Update Applications that were recommended by the Public Safety Committee. The first application proposes establishing a “No Turn on Red” restriction on the eastbound and westbound approaches of Horsham Road at its signalized intersection with Upper State Road. Currently, right turns on red are prohibited on the northbound and southbound approaches of Upper State Road. The sight distances to the left from the stop bars on both approaches are limited.
The second application proposes a “No Turn on Red” restriction on the southbound approach of Stump Road at Horsham Road. As part of a recent PennDOT project, westbound Horsham Road was restriped to convert the dedicated right turn lane to a shared thru/right lane in order to increase capacity at the intersection. While this change increased capacity at the intersection, it also brought westbound traffic 14 feet closer to southbound vehicles stopped at the Stump Road approach. This capacity improvement has exacerbated a sight distance issue for motorists traveling south on Stump Road looking to their left while stopped at the stop bar, compromising the safety for the right turn on red movement. Resolution #8 made by Supervisor Robert J. Birch, seconded by Vice-Chairman Candyce Fluehr Chimera and adopted unanimously, authorize d the submission the two Traffic Signal Approval Applications to PennDOT for the intersections of Horsham and Stump Roads and Horsham and Upper State Roads.
Public Information Coordinator Kelsey McMeans presented a proposed amended Social Media Policy for the Township. With the opening of the Montgomery Township Community & Recreation Center (MontCRC) and transformation of social media over the past few years, Township staff is recommending some changes to the Social Media Policy to allow for multiple pages/users and to require that all social media content be created and uploaded via a Township-owned device only. The Community & Recreation Center Advisory Committee is also recommending the use of Facebook as a marketing tool for the MontCRC. Resolution #9 made by Vice-Chairman Candyce Fluehr Chimera, seconded by Chairman Joseph P. Walsh and adopted unanimously, approved the amended Social Media Policy dated July 2016.
Director of Recreation and Community Center Floyd Shaffer presented a proposal from GaileyMurray Communications to conduct a series of focus groups with various demographic segments and provide an analysis to the Township to assist in future marketing of the Community and Recreation Center. The cost of the proposal is $5,500 and was recommended for approval by the newly formed Community and Recreation Center Advisory Committee. Resolution #10 made by Supervisor Robert J. Birch, seconded by Chairman Joseph P. Walsh and adopted unanimously, approved the GaileyMurray Communication proposal at the cost of $5,500.
Director of Recreation and Community Center Floyd Shaffer presented the Fall 2016 Recreation/Fitness Programs and recommended fee schedule for the Montgomery Township Community Recreation Center (MontCRC). The Fall 2016 Recreation program schedule will be valid from September 2016 through the end of December 2016. All MontCRC activities will be promoted through normal publicity channels which include; the Township Website: www.montcrc.com, public access cable channels, E-News, appropriate social media outlets and the Fall 2016 printed recreation newsletter. Resolution #11 made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the Fall 2016 Recreation Programs and the recommended fees.
Director of Recreation and Community Center Floyd Shaffer presented the request for waiver of permit fees for the use of the Windlestrae Park Soccer Fields by Montgomery United Soccer on August 13 and 14 for the Wings Cup Soccer Tournament. Resolution #12 made by Chairman Joseph P. Walsh, seconded by Supervisor Robert J. Birch and adopted unanimously, approved the waiver of permit fees.
Resolution #13 was made by Chairman Joseph P. Walsh, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, to approve changing the time for the Board Action Meeting on August 8, 2016 to 7:00pm.
Township Manager Lawrence J. Gregan reported on a zoning hearing application filed by Robert and Madeline Nappen, General Partners of Nappen & Associates, owners of property located at 212 Progress Drive within the Bethlehem Pike Industrial Center. The property is zoned LI – Limited Industrial. The present improvements on the property include a 25,000 square foot masonry building with four tenant spaces. The applicant was granted a variance from the provisions of Section 230-103 of the Code of Montgomery Township in January of 2013 to permit the use of a 5,000 square foot space (unit D) within the building for the detailing of automobiles being sold at another location within the Township (309 Automart). That variance included approval for incidental paint spraying of vehicles.
The applicant now desires to install a self-contained 27’6” x 24’ paint booth within the 5,000 square foot space requiring a modification of the prior zoning approval.
The applicant seeks to appeal the determination of the Zoning Officer that the proposed paint booth is not a permitted use and/or within the relief granted in January 2013; or in the alternative, (1) seek a modification of the previous decision or (2) seek a variance from the provisions of Section 230-103 in order to allow the installation of a 660 square foot paint booth in connection with the auto-detailing use on the property. Resolution #14 made Supervisor Michael J. Fox, seconded by Vice-Chairman Candyce Fluehr Chimera, and adopted unanimously, authorized the Township Solicitor to intervene on behalf of the Township in the Nappen Zoning Board Application # 1607003 to oppose only the appeal of the determination of the Zoning Officer and to take no position as to the variance request of the applicant.
A motion to approve the payment of bills was made by Chairman Joseph P. Walsh, seconded by Supervisor Michael J. Fox, and adopted unanimously, to approve the payment of bills as submitted.
There being no further business to come before the Board, the meeting adjourned at 9:26 p.m.