MINUTES OF MEETING
JANUARY 24, 2011
Chairman Robert Birch called to order the executive session at 7:00 p.m. In attendance were Supervisors Candyce Fluehr Chimera, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Lawrence Gregan, Frank Bartle, Esq., Scott Bendig and Richard Brady. Four personnel matters were discussed.
Chairman Robert Birch called to order the regular action meeting at 8:03 p.m. In attendance were Supervisors Candyce Fluehr Chimera, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Frank Bartle, Esquire, Lawrence Gregan, Richard Brady, William Brightcliffe, Bruce Shoupe, Kevin Costello, Ann Shade, Shannon Drosnock, Scott Bendig, Richard Grier and Deb Rivas.
Chairman Robert Birch called for public comment from the audience and there was none.
Frank Bartle, Esquire, announced that the Board met in executive session at 7:00 p.m. this evening to discuss four matters of personnel. Mr. Bartle said that these matters are legitimate subjects for an executive session pursuant to Pennsylvania Sunshine law.
Chairman Robert Birch made a motion to approve the minutes of the January 3, 2011 Board meeting and Supervisor Michael Fox seconded the motion. The minutes of meeting were unanimously approved as submitted.
Under the action meeting, Chairman Birch announced that State Representative Todd Stephens was requesting a waiver of a zoning hearing application fee for his State Representative District Office Sign Variance. Rep. Stephens attended the meeting by video conferencing and asked the Board for relief from the $1,000 application fee. Rep. Stephens indicated that he wanted to locate his district office to the Village Shopping Center at 515 Stump Road; however, the location is set back from the road and behind a restaurant. Rep. Stephens wanted to install a sign along the Stump Road frontage of the shopping center so that his constituents could locate his office, however, that will require a sign variance. Chairman Birch indicated that this may be the first State Representative Legislative district office to be located in Montgomery Township. Supervisor Walsh said that it was a good location, near the Township building and convenient for the residents, especially the Village of Neshaminy Falls residents. Supervisor Fox stated that this office is not like other businesses seeking relief as this is a government office with a non-profit status. The Board also discussed that it had previously granted such waivers for non-profit organizations in the past. It was also noted that this waiver would be saving the taxpayers $1,000 as the money would be coming from the Commonwealth of Pennsylvania. Resolution #1 unanimously waived the $1,000 zoning hearing application fee for a variance for an additional freestanding sign for Rep. Todd Stephens proposed office location.
Shannon Drosnock, Interim Finance Director, presented the 4th Quarter 2010 Budget Report. Ms. Drosnock indicated that the General Fund Revenues had ended the year 1.5% over budget and that expenditures were 95.48% of Budget. Overall, departmental expenditures throughout the year fell below the approved budget levels. Ms. Drosnock also indicated that since all departments operated within budget limits, no final year end budget adjustments were proposed.
Ms. Drosnock also reported that the staff is projecting that fiscal year 2010 will end with a $3 million unreserved general fund balance, an increase of over $700,000 since the beginning of the year. This increase is a result of revenues exceeding the budget by 1.57% and expenditures coming in below budget by 5%. She stated that staff is proposing that $393,000 of this surplus be transferred to the Capital Reserve Fund to pre-fund the 2011 Equipment Replacement Transfer, leaving a total General Fund balance of $2,630,000 or 23.63% of Budget. Resolution #2 unanimously approved the transfer of $393,000 from the General Fund to the Capital Reserve Fund.
The next item for discussion was the Facilities and Field Use Policy. Chairman Robert Birch turned the discussion over to Supervisor Michael Fox, Board Liaison to the Park and Recreation Board. Mr. Fox indicated that this issue has been discussed for quite some time at the Park Board. The reason for the field use policy is because the number of fields has grown considerably over the years and are being played by older children and older leagues. As such, the fields are being used more frequently than originally anticipated. Supervisor Fox said that one of the concerns is making sure that the Township meets its obligation to always provide safe, playable fields for our residents. He noted that this draft policy has been through several different revisions with the Park Board and has been reviewed by the Township Solicitor. Supervisor Walsh indicated that it was a great idea to have a policy, but he had a concern with respect to the fees involved, especially when it came to resident groups. Supervisor Fox said that the concern with tournaments and the reason for charging fees for tournaments in particular was that they put a heavy use on the fields to a point that when a tournament ends, the Township must frequently go in to recondition the field. A discussion was held which noted that the fees for such tournaments had not been set at this time. Supervisor Fox said that if the Board was willing to consider the policy, then a recommendation for the fees would be made based on a survey of other municipalities. It was stated that the normal Saturday league games would not be subject to any fees.
Under public comment, Bob Selheimer of Montgomery United Soccer said that he was concerned about the portion of the policy which states that the Township will adopt the North Penn School District policy for closing fields and providing notification. Mr. Selheimer said that the soccer organization always works to keep the fields in excellent condition and decides on their own sometimes not to use certain fields because of the conditions. He objected to the idea that all fields must be closed at the same time since different fields drain better than others and the soccer group needs a place to practice. Mr. Selheimer further opined that the blue flag system does not work and that he has witnessed fields in use even when the blue flag was up. Mr. Selheimer also said that he takes care of the soccer fields and will often stop a practice if he feels that it is causing a problem for the field. Supervisor Chimera explained that the Township appreciated Mr. Selheimer's efforts in that regard, but not all organizations or individuals are that considerate when it comes to the conditions of the fields, therefore a policy is needed. Chairman Birch made a motion to approve the Facilities and Field Use Policy, with the condition that the park staff figures out the best way to notify people that the fields are closed. Supervisor Walsh seconded the motion and Resolution #3 unanimously approved the Facilities and Field Use Policy.
Ann Shade presented a recommended listing of the 2011 Spring and Summer recreation programs and fees. Once the programs and fees are approved, the information will be sent to the printer for processing and delivery to the residents. Resolution #4 unanimously approved the 2011 recreation programs and fees.
Bruce Shoupe reported that there were two items to be added to the fee schedule. The first item modified language which addressed Use and Occupancy Permits and the second addition was the fee for Planning Consultant, E. Van Rieker. Resolution #5 unanimously approved the amendments to the 2011 fee schedule.
Kevin Costello presented the Whistlestop Park Revitalization Project and asked for the Board's authorization to advertise the project for bid. Mr. Costello said that the scope of the project is to reconstruct both baseball fields, regrade the outfields with clean fill and topsoil, add additional drainage and install a "rain garden" to manage the storm water runoff. The project proposes a late spring/early summer start date with seeding in the fall. Mr. Costello said that all sports groups have been notified that the play areas will be closed for two years to allow the turf to become established. Supervisor McDonnell stated that this was an additional reason to utilize the field use policy and not over reserve the fields because there will be less fields to use over the next two years. Resolution #6 unanimously authorized the Township Manager to advertise for bids for the Whistlestop Park Revitalization Project.
Kevin Costello said that each year the Public Works Department goes out to bid for materials and services that will be used for road projects and operations. Resolution #7 unanimously approved the authorization to advertise for bids for asphalt/bituminous concrete, stone aggregate, crack sealer, lawn care treatments, petroleum products and equipment rental with operator.
Chief Richard Brady indicated that he was requesting for authorization to purchase five replacement patrol vehicles as previously approved in the 2011 budget meeting. All the vehicles to be replaced have approximately 100,000 miles or more. Chief Brady said that four of the vehicles will be 2011 Crown Victoria sedans and one will be a 2011 Ford Expedition. All the vehicles will be purchased under state COSTARS contract. Resolution #8 unanimously approved the purchase of five replacement police vehicles under the state COSTARS contract at a purchase price of $119,972.75.
Chief Richard Brady presented the request to acquire a new police canine dog and approve out of state training for a new police canine officer. Chief Brady said that the canine unit is currently down to two canine teams from a previous complement of four. One of the canine dogs will be retiring within the year and a new officer has been selected to train for a new team on the canine unit. The cost to purchase the canine, complete the four week training program and lodging is $11,945. District Attorney Risa Ferman has stated that she would provide $6,000 towards the purchase and training of this canine. The remaining funds would be paid from the Police Donation Account which has a current balance of $20,363. Resolution #9 unanimously approved the purchase of a new canine from the Tarheel Canine Training Academy and approved the attendance of Officer Daniel Rose for the four weeks handler's training at the academy in Sanford, North Carolina.
Lawrence Gregan stated that in late 2010, the Neshaminy Creek Watershed Management Draft Plan was completed and adopted by Bucks County. The plan was then forwarded to Montgomery County for approval prior to the submission to the DEP for approval and implementation. Once approved, Montgomery Township would be required to adopt new stormwater ordinance regulations for the portion of the Township located in the Neshaminy Creek Watershed. He noted that Township Engineer John Chambers had previously advised the Board that the impact of the new ordinance provisions would be difficult to enforce by the Township and cumbersome for small projects adding less than 5,000 square feet of impervious surface. At Mr. Chambers' recommendation, the Board voiced an objection to the plan and it was tabled by the County Commissioners. Since that time, Drew Shaw, Montgomery County Senior Environmental Planner, has presented two alternatives which would make compliance with a proposed Ordinance less cumbersome for the small user. John Chambers has edited and recommended a "fee in lieu of" alternative which he would like the Township to submit to the County as a condition of the Township's endorsement of the Neshaminy Creek Watershed Stormwater Management Draft Plan. Resolution #10 unanimously approved the "fee in lieu of" alternative for the detention/storage facilities amendment.
Bruce Shoupe reported that Bertucci's Corporation has requested the release of their site improvement bond and the beginning of the eighteen month maintenance period. The amount of the surety guarantee is 15% of the total escrow or $57,992.52. The original amount of the bond held in escrow was $283,963.35. Resolution #11 unanimously approved the escrow release for Bertucci's restaurant.
Bruce Shoupe reported that the Taco Bell project has been inspected and all public improvements have been found to be satisfactorily completed. It is now possible for the 18 month maintenance period to begin. The amount of the maintenance surety should be $45,611.08. The developer initially submitted a cash escrow in the amount of $304,073.88 and therefore, they are requesting an escrow release of $258,462.80. Resolution #12 unanimously approved the escrow release for the Taco Bell project.
Bruce Shoupe said that the Township will be required to inspect a new Hilton Staybridge Hotel in 2011. Based on the size of this project and the resources needed to inspect this project, it was apparent that the existing staff of 1 full time and 1 part-time inspector currently provided for Township inspections by Keystone Municipal Services would not be sufficient to meet the needs of this project in addition to the normal residential and commercial construction projects. Keystone Municipal Services fees were capped in 2010 and 2011 at $110,000. Keystone has submitted a proposal to commit additional inspector services specifically for the hotel project at a "not to exceed" cost of $46,800 based on a $65/hour fee. Resolution #13 unanimously approved the proposal from Keystone Municipal Services to perform all field inspections required for the Hilton Staybridge Hotel project for a "not to exceed" cost of $46,800 to be billed at the rate of $65/hour.
Lawrence Gregan stated that the Montgomery County Lands Trust has requested that Montgomery Township renew its annual membership. Resolution #14 unanimously approved the Township's membership in the Montgomery County Lands Trust for the sum of $250.
Supervisor Walsh made a motion to approve the payment of bills. Supervisor Fox 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 9:15 p.m.