MINUTES OF MEETING
November 8, 2010
At 7:00 p.m. Chairman Joseph Walsh called to order the executive session. In attendance were Supervisors Robert J. Birch, Candyce Fluehr Chimera and Jeffrey W. McDonnell. Supervisor Michael Fox was absent. Also in attendance were Solicitor Frank Bartle and Interim Township Manager Lawrence Gregan.
At 8:00 p.m. Chairman Joseph Walsh called to order the action meeting and led the pledge of allegiance. In attendance were Supervisors Robert J. Birch, Candyce Fluehr Chimera, Michael J. Fox and Jeffrey W. McDonnell. Also in attendance were Frank Bartle Esq., Lawrence Gregan, Kevin Costello, Richard Brady, William Brightcliffe, Bruce Shoupe, Ann Shade, Shannon Drosnock, Vickie Zidek, Stacy Crandell and Shirley Snyder.
There was no public comment.
Frank Bartle announced that the Board had met in an executive session prior to this meeting to discuss one matter of litigation pertaining to the Zehr condemnation, another matter of potential litigation and a personnel matter. These matters are permissible in executive session under the guidelines of the Sunshine law.
The minutes of the October 25, 2010 Board meeting were approved as submitted.
Representative Kate Harper read a Resolution prepared by the General Assembly of Pennsylvania, extending condolences to the family of Ward Layne Thomas, and reiterating his life's achievements, as a Police Officer and as a Public Servant in the Commonwealth of Pennsylvania. Detective Michael Solis presented plaques to Detective Thomas's wife, Jennifer and his parents and sister. Detective Thomas's father expressed his thanks for everything the Police Department and Township have done for their family during this difficult time.
JeriBeth Subers was unanimously appointed to the Public Safety Committee by Resolution #1. Ms. Subers will serve a term on the committee which will expire January 1, 2011.
Richard Kelly, Chair of the Public Safety Committee provided a brief report on the committee's recent activities. Mr. Kelly noted that the committee has been working with Chief Richard Brady to find a solution to the concern raised by residents of Davis Lane. Their neighborhood is being used as a "cut through" and a police presence has been helpful in curbing this issue. A solution to the matter is being looked into by the Police Department. Mr. Kelly also stated that he spent a few hours riding along with a Township police officer, which he found to be very informative. Mr. Kelly also noted that there is a concern with the increase in the deer population within the Township.
Suzanne Mayes, Esq., of Cozen O'Connor made a brief presentation for the Sewer Authority pertaining to the refinancing their Guaranteed Sewer Revenue Bonds, Series of 2005. The Authority has requested that the Township adopt an ordinance to incur guaranteed lease rental debt in an amount not to exceed $8,770,000 and enter into a Guarantee Agreement to refund the Authority's Sewer Revenue bonds and pay for the costs of issuing the Bonds. Sam Dugan, Chair of the Sewer Authority noted that the amount of monies was enough to refund the existing debt. Resolution #2 unanimously adopted Ordinance #10-246 authorizing the Incurrence of Lease Rental Debt in conjunction with the Montgomery Township Municipal Sewer Authority's refunding of its Guaranteed Sewer Revenue Bonds, Series of 2005 in the amount not to exceed $8,770,000.
Interim Finance Director, Shannon Drosnock presented the preliminary 2011 Montgomery Township budget. The budget policy seeks to balance expenditures with current year revenues, maintain 10% to 20% in reserve, maintain an excellent bond rating for the Township and transfer surplus Fund Balance to Capital Reserve Fund for potential operating deficits and future projects. The preliminary budget for 2011 includes a proposed Local Services Tax of $52 per person per year if employed within the Township. This new tax would replace the current Occupational Privilege Tax. If enacted, a mandatory 25% of this new tax must go to the Police and Fire Services. A net surplus is projected in the General Funds. Resolution #3 unanimously adopted the 2011 preliminary Budget for all funds, and set Monday, December 13, 2010 at 8:00 p.m. in the Township Building, as the date, time and place for the public meeting for consideration of adoption of the 2011 Final Budget.
Lawrence Gregan stated that in reviewing the 2011 Preliminary Budget, the staff was directed to prepare a proposed ordinance that would eliminate the current occupation Privilege Tax (OPT) of $10 per person employed in the Township and to implement the Local Services Tax of $52 per person employed in the Township. Resolution #4 unanimously ratified the advertisement of the Notice of Intent to enact the Local Services Tax on November 5th, 12th and 19th and authorized the advertisement of proposed Ordinance #10-247 to enact the Local Services Tax at a rate of $52 per person employed in the Township per year to be considered at the November 22, 2010 Board of Supervisors meeting.
Bruce Shoupe provided an overview of the Consideration of Land Development Plan for Keystone Homebrew at 435 Doylestown Road. Mr. Shoupe noted that the property dates back to the 1950's and has housed a variety of businesses over the years, including the present occupant, Country Furniture. The proposed future use of this property is a combination of a small boutique retail facility selling Pennsylvania wines and associated products with a cafe area and seating which would also sell craft beers. A major portion of the building would accommodate a training area to teach craft beer making and another area that would act as an incubator for small craft beer manufacturers, and a final area that would cater to individuals who like making homemade wines by providing the juices, grapes and other material/equipment needed. After review by the staff and consultants, the applicant agreed to comply with the Township's requirements with the exception of six waivers. Cliff Stout of Stout, Tacconelli & Associates, Inc. and George Broseman, Esq. of Kaplin & Stewart were present to answer any questions. Mr. Broseman advised that the applicant would submit a fee in lieu of planting the trees required. Mr. Stout noted that a large part of the property is paved and thus does not allow for the planting of trees. Supervisor Michael Fox noted that the trees could be planted elsewhere in the Township, but it was noted that the applicant would rather pay a fee in lieu of planting. Resolution #5 unanimously approved the plan for Keystone Homebrew including the requested waivers.
Chairman Joseph Walsh provided a summary for proposed Ordinance #10-245, an Ordinance to amend Chapter 170, the Peddling and Soliciting Ordinance. Resolution #6 unanimously adopted Ordinance #10-245, amending Chapter 170 of the Township Code, Peddling and Soliciting, to limit door to door canvassing and peddling in the Township to the hours of 9:00 a.m. to 7:00 p.m.
Director of Fire Services, William Brightcliffe, summarized the volunteer Fire Department's request to submit the 2010/2011 PA Volunteer Fire Company Grant Application. The grant application is for $6,249, and if awarded, would be used to purchase Emergency Rescue Equipment. Resolution # 7 unanimously approved the submission of the 2010/201 PA Volunteer Fire Company Grant Application.
Chief Richard Brady stated that the Police Department is requesting approval to upgrade four of their phones to Blackberry units. These Blackberries would be used by the Chief, Deputy Chief and two Detectives. Resolution #8 unanimously approved the expenditure of unencumbered funds to upgrade four of the Police Department's cell phones to Blackberry units at an annual cost of $840.
Resolution #9 unanimously approved the escrow release #3 LD/S #643 for Kidalas Court at 1215 Kenas Road.
The proposed amendments to the Delaware Valley Insurance Trust Agreement (DVIT) were explained by Lawrence Gregan. Mr. Gregan noted that the Trust has received requests from municipal authorities and other municipal intergovernmental organizations for membership in the Trust. This would allow the Trust to broaden its membership without compromising its underwriting standards. Resolution # 10 authorized the Township's delegate to the Delaware Valley Insurance Trust Annual Membership Meeting on December 9, 2010 to vote in favor of adoption of the amendment to the Trust Agreement.
Ann Shade provided a summary of the 2011 winter recreation fees. The winter 2011 Recreation Fees were approved unanimously by Resolution #11.
The payment of bills was approved as submitted.
The Board recognized two Scouts who were in attendance at the meeting earning their merit badge.
Under other business, Mr. Walsh made a motion to extend the health benefits for Jennifer Thomas and her dependents until January 31, 2011. The motion was unanimously approved by a 5 - 0 vote.
There being no further business, the meeting was adjourned at 9:00 p.m.