MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
MARCH 11, 2013
Chairman Joseph Walsh called the executive session to order at 7:00 p.m. In attendance were Supervisors Robert Birch, Michael Fox and Jeffrey McDonnell. Supervisor Candyce Fluehr Chimera was absent. Also in attendance were Lawrence Gregan, Ann Shade and Robert Iannozzi, Esquire.
Chairman Joseph Walsh called the action meeting to order at 8:00 p.m. In attendance were Supervisors Robert Birch, Michael Fox and Jeffrey McDonnell. Supervisor Candyce Fluehr Chimera was absent. Also in attendance were Robert Iannozzi, Esquire, Lawrence Gregan, Chief J. Scott Bendig, Rick Lesniak, Kevin Costello, Bruce Shoupe, Shannon Drosnock, Ann Shade, Richard Grier and Shirley Snyder.
Following the Pledge of Allegiance, Chairman Joseph Walsh called for public comment. Mr. Kornfeld of 19 Meadowbrook Road, expressed his appreciation to the Board for responding to his previous letter regarding the proposed Community/Recreation Center. Mr. Kornfeld has compared statistics of the proposed Montgomery Township Community/Recreation Center with figures from Plymouth Township’s facility. He requested that the Board of Supervisors review all documents and issue more conservative revenue numbers for the project. Supervisor Robert Birch inquired as to why Montgomery Township was compared with Plymouth Township. Mr. Kornfeld stated that Plymouth Township used the same consultant, the facility was laid out similarly and it made the best comparison. Mr. Kornfeld stated that taxpayers should have a fair sense of what this project will cost and what risk is involved. Chairman Joseph Walsh will pass Mr. Kornfeld’s information on to the Consultants in order to respond.
Robert Iannozzi, Esquire reported that the Board met in an executive session earlier in the evening at 7:00 p.m. Mr. Iannozzi reported that there were four items discussed: a labor negotiation matter, a personnel matter, a litigation matter and a real estate matter. Mr. Iannozzi also reported that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.
Chairman Joseph Walsh made a motion to approve the minutes of the February 25, 2013 Board meeting, and Vice Chairman Jeffrey McDonnell seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Chairman Walsh reported that Edward Hoffman has resigned from the Environmental Advisory Committee, and that Township resident Mahbubur Meenar recently expressed an interest in becoming a member of the Environmental Advisory Committee. Mr. Meenar is the Assistant Director, Center for Sustainable Communities at Temple University, and has been a Project Director and Principal Investigator for a variety of grants through the DEP, PA Department of Community and Economic Development and other agencies. Resolution #1, made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and adopted unanimously, accepted the resignation of Edward Hoffman as a member of the Environmental Advisory Committee, and appointed Mahbubur Meenar to fill the vacancy as a member of the Environmental Advisory Committee with a term to expire on January 1, 2014.
Richard Roller of 1142 Knapp Road, was present on behalf of the Montgomery Township Historical Society to request approval from the Township to host the Montgomery County History Fair at the Knapp Farm in September 2014 and for a waiver of the special permits fee. Mr. Roller reported that he and Roy Rodriguez had explored a variety of sites for the fair, and the Knapp Farm is the preferred site. Members of the Montgomery Township Historical Society have attended the last 2 fairs held by the County. Mr. Roller advised that the Society would approach Montgomery Mall to obtain permission to use their parking lot for this event. Permission to have open fires for displays will also be requested from the Township Fire Marshal. There may be a need for a tent to accommodate 40 – 50 people. Mr. Roller reported that there should be no issue with noise, as only small amplification will be used. The setup for the event will occur on Friday. Some participants will be camping out on Friday night. Chairman Joseph Walsh stated that the 300 Committee supports this event. Mr. Roller advised that a date for the Fair hasn’t been set. Mr. Roller doesn’t expect the History Fair will require much in the way of Township resources. Resolution #2, made by Supervisor Michael Fox, seconded by Supervisor Robert Birth and adopted unanimously, approved the Montgomery County History Fair to be held on the Knapp Farm property and waiver of the Special Events Permit fee for the event.
At 8:15 p.m., Township Solicitor Robert Iannozzi, Esquire, opened a Public Hearing for the Conditional Use Application #C-59 for a Giant to Go convenience store and gasoline filling station proposed to be located at 741 Bethlehem Pike. Notes of testimony were taken by Court Reporter, Tim Kurek. Mr. Iannozzi reported that this public hearing had been advertised on January 11, 2013, January 18, 2013 and again on February 28, 2013 for this hearing, which was continued to this evening. Robert Iannozzi read a list of all exhibits included in this procedure. Charles Courtney, Esquire of McNees, Wallace & Nurick, LLC represented the applicant. Mr. Courtney read a list of Exhibits, which were marked as Exhibits A-1 thru A-14. Tim Diehl, PE. Project Manager with J. Michael Brill & Associates, Inc. was sworn in as a witness and provided a summary of the project. Mr. Diehl reported that this site is located on 2.23 acres within the commercial zone and has two public right-of-ways; one on Horsham Road and one on Bethlehem Pike. There are three current existing access ways: 1) a shared driveway; 2) Horsham Road; and 3) a shared driveway with the property to the south, with the easement set to expire January 2014. The existing structure on the property will be demolished completely and a Giant to Go, a one story facility (convenience store & fueling facility) will be built. The filling station will serve 10 vehicles at one time, and pumps will be mounted under a canopy. The plan proposes to close the existing access way that expires in January 2014 and build a new entrance/exit on the south end of the property. The parking requirement for this project is for 33 spaces, and 45 spaces are being proposed, five of which will be for employees. Traffic flow will include entrances and exits on Horsham Road and Route 309. Traffic will circulate around fueling facility. All delivery trucks will follow same traffic pattern. All Zoning Hearing Board comments have all been addressed. Supervisor Michael Fox inquired about restrictions on fuel delivery trucks entering the site. Mr. Diehl responded that since this is a 24/7 day a week business, there is a large window of time for scheduled deliveries on non-peak hours. Supervisor Robert Birch inquired whether it will be mandatory for trucks to exit on Horsham Road. Mr. Birch also inquired whether left hand turns from the business will be permitted on Horsham Road. Mr. Diehl reported that larger trucks will have to exit on Horsham Road. Chief J. Scott Bendig stated that presently traffic can make either a right or left turn at this exit to Horsham Road. A traffic study for this project has been submitted. Chairman Joseph Walsh inquired whether the entire facility (food and gas pumps) is a 24 hour facility. Mr. Diehl reported that the entire facility will be open 24 hours a day.
Kerry Eck, Real Estate Development Manager for Giant LLC and Horsham Realty Associates was sworn in as a witness. The question was raised whether Giant could restrict left hand turns onto Horsham Road. Mr. Eck reported that restricting of left hand turns was absolutely possible, stating that a right turn is the safest move. Mr. Eck summarized Giant’s fuel program, which was started in 1998 and continues to be a great addition to the one- stop shopping concept and an essential part of Giant’s business plan. Mr. Eck provided an explanation of the Gas Rewards Program and its popularity with Giant customers. Mr. Eck reported that Giant currently has fuel pumps at the Hatfield and Souderton Giant stores, with plans being made for fuel pumps to be added to the store in Chalfont. Mr. Eck reported that stringent safety features are in place at all fuel pumps, using state of the art safety features, which comply with or exceed state requirements. He also stated that the fuel dispensing hoses shall be mounted in such a manner and will be of sufficient length that regardless of which side of the vehicle the fill cap is located on, the hoses will be able to reach, therefore reducing the delay in traffic queing during the redemption periods.
Township Traffic Engineer Consultant Kevin Johnson, P.E. expressed a concern with the heavier volume of traffic at the end of the gas points redemption period. Mr. Eck responded that each points redemption period expires on a Saturday with seven redemption periods scheduled per year. Traffic Planning and Design was requested to evaluate the Giant gas site on Oregon Pike in Lancaster County at the end of the January 2013 redemption period. The Lancaster County facility has a que (stacking) that can accommodate 24 vehicles in line. The que at this new location will be able to accommodate 37 cars. He also reported that Giant budgets for and provides labor for associates to control traffic during these redemption periods, with three employees directing traffic during the redemption period on Friday and Saturday. Tractor trailers delivering merchandise will arrive about 3 to 4 times a week in off peak hours. Fuel trucks making deliveries will be scheduled for off peak times as well – early morning or later in the evening.
John Yurick, Traffic Engineer with McMahon Associates stated that a traffic impact study was prepared for the site and subsequently was revised per TPD and PennDOT recommendations. Meetings were held with PennDOT to discuss the scope of the project. Studies were done on the entrance and exit driveways, Five- Points intersection and the intersection of North Wales Road and Bethlehem Pike during peak weekday periods. The conclusion of the report was that there is a high level of pass by traffic; that the Five-Points intersection functions with some delays, which should improve now that the Parkway is open and the traffic signals on Route 309 are in sync; that extending the center median on Bethlehem Pike by about 33 feet, will make it more difficult for vehicles to make a left turn from Bethlehem Pike into the site. Mr. Johnson advised that he was satisfied with their study, but stated that some smaller details will still need to be worked out. Supervisor Michael Fox asked Mr. Johnson if he is satisfied that there should be no major traffic issues on Route 309. Mr. Johnson stated that he is satisfied and doesn’t expect traffic issues to develop from this new business.
Under public comment – Alexa Gorowski of the Frugal Frames shop inquired about the neighborhood mailboxes which are in the path of the proposed dumpster at the Giant to Go site. Ms. Gorowski inquired as to whether Giant will contact post office to relocate these mailboxes and she was assured that it would be taken care of.
Mr. Iannozzi entered Exhibits A-1 to A-14 into the record and stated that the Board of Supervisors has forty five days to render decision and order. The hearing was closed at 9:33 p.m. Chairman Joseph Walsh stated that the Board was prepared to take action at tonight’s meeting. Resolution #3, made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and adopted unanimously, approved the Conditional Use #C59 – Giant to Go at 741 Bethlehem Pike, subject to the comments made by counsel and witnesses.
Robert Iannozzi, Esquire read a proposed Decision and Order prepared for the Conditional Use Application C-60 for John J. Pileggi, Jr. following the February 25, 2013 Public Hearing on this application. The Decision and Order states that the conditional use approval is granted for development of an 11 acre site on Limekiln Pike at Lower State Road under the Open Space Overlay Option for eighteen single family detached units with a central recreation area, which would include walking paths and lawn areas subject to four conditions. Robert Kerns, Esquire was present representing the applicant, John J. Pileggi, Jr. Mr. Kerns reported that the applicant is in agreement with the conditions issued by the Township, but requested a partial waiver to Item #11 in the approval resolution concerning landscaping. Mr. Kerns stated that since the site was previously a nursery, Mr. Pileggi would like to use material already on the site to meet the landscape requirements with the concurrence of Boucher & James. Mr. Kerns stated that with that caviot stated, Mr. Pileggi will accept all conditions issued by the Township. The Board expressed concurrence with this request. Resolution #4, made by Supervisor Michael Fox, seconded by Chairman Joseph Walsh and adopted unanimously, approved the Conditional Use Decision and Order #C-60, John J. Pileggi, Jr.
Chairman Joseph Walsh reported that John J. Pileggi, Jr. is also seeking approval for the land development/subdivision plan for this property. Ken Amey, P.E., Township Planning Consultant reported that he has reviewed all plans and opined that this plan is in compliance with the provisions of the Open Space Overlay Option. Resolution #5, made by Chairman Joseph Walsh, seconded by Supervisor Michael Fox and approved unanimously, approved the Land Development Plan (LDS #664) for John Pileggi.
Director of Fire Services Rick Lesniak reported that on February 25, 2013 the Board of Supervisors authorized the advertisement of proposed Ordinance #12-267. This Ordinance will amend Chapter 56 of the Township Code governing Alarm Systems. This amended Chapter would adopt the provisions of Section 7511 of the Pennsylvania Crimes Code to govern false fire and burglary alarms within the Township and provide for a consistent definition of a “false alarm” and specific penalties up to $300 per occurrence. Resolution #6, made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and approved unanimously, adopted Ordinance #12-267, an amendment regulating false alarms and burglary alarms.
Director of Finance, Shannon Drosnock reported that Act 84 of 2011, provided that the Pennsylvania Department of Labor and Industry can annually increase the minimum dollar amount required for Townships to seek formal bids and/or written quotes for purchases and contracts by the increase in the Consumer Price Index. For 2013 the threshold for formal bidding has been increased from $18,500 to $18,900 and the threshold for written quotes has been increased from $10,000 to $10,200. Resolution #7, made by Supervisor Michael Fox, seconded by Supervisor Robert Birch and approved unanimously, approved the changes to the Montgomery Township Purchasing Policies and Procedures by increasing the required limits for bidding and written quotes in accordance with the Department of Labor and Industry thresholds for 2013.
Chief J. Scott Bendig reported that in 2013 the Police Department is scheduled to replace two marked patrol vehicles and one administrative vehicle. At this time, the department is requesting approval for the purchase of a 2013 Dodge Charger from Lansdale Auto Group, an authorized vendor under the Co-Stars Cooperative Purchase Program at a cost of $27,675. The vehicle will replace an administrative vehicle in the police fleet. Resolution #8, made by Chairman Joseph Walsh, seconded by Supervisor Robert Birch and approved unanimously, approved the purchase of a 2013 Dodge Charger from Lansdale Auto Group at a cost of $27,675.
Chief J. Scott Bendig reported that previously the Montgomery Township Police Department had entered into a cooperative agreement with other Montgomery County police departments to participate in the Central Montgomery County Special Weapons and Tactics (CMSWAT) Team. CMSWAT is a task force deployed for incidents and situations that exceed the capability of traditional police resources. Chief Bendig requested approval for two Montgomery Township officers to attend the CMSWAT training at Fort Dix, New Jersey in June, September and October of 2013. CMSWAT pays the full cost of the training. Resolution #9, made by Supervisor Michael Fox, seconded by Vice Chairman Jeffrey McDonnell and approved unanimously, approved the out of state training for Officers Andrew Benner and Joseph McGuigan.
Chairman Joseph Walsh made a motion to approve the payment of bills. Vice Chairman Jeffrey McDonnell seconded the motion. The payment of bills was unanimously approved as submitted.
There being no further business to come before the Board, the meeting adjourned at 9:50 p.m.