MINUTES OF MEETING
MAY 23, 2011
Chairman Robert Birch called to order the executive session at 6:30 p.m. In attendance were Supervisors Candyce Fluehr Chimera, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Lawrence Gregan, Frank Bartle, Esquire, Ann Shade, Richard Lesniak, Christopher Mann and Alex Olimpo. Matters of personnel were discussed.
Chairman Robert Birch called the regular action meeting to order at 8:00 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, Vickie Zidek, 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 6:30 p.m. Mr. Bartle reported that matters of personnel were discussed, which included two matters of positions for future employment and official candidates for those positions as well as an update on the ongoing negotiations with the Police Collective Bargaining Unit. 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 May 9, 2011 Board meeting and Supervisor Michael Fox seconded the motion. The minutes of meeting were unanimously approved as submitted.
Chairman Birch reported that the Board would be appointing Mary Kay Kelm as a new member of the Business Development Partnership. Ms. Kelm is currently a member of the Zoning Hearing Board and a business owner in the Township. Resolution #1 unanimously appointed Mary Kay Kelm as a member of the Business Development Partnership with a one year term to end January 1, 2012.
Township Manager Lawrence Gregan reported that the Montgomery Township Sewer Authority has recommended an update to the current Sewer Use Ordinance. The Board of Supervisors previously authorized the advertisement of this ordinance. Sewer Authority Engineer, Tom Zarko, reported that the updated Ordinance/Regulations are required to bring the ordinance in line with new policies and procedures of the Sewer Authority. The most significant modifications include updating the Industrial Waste Monitoring/Permitting program to current U.S. Environmental Protection Agency "Model Pre-Treatment Ordinance" recommendations. The other significant modification involves the local limits criteria for each wastewater treatment plant that receives flow from the various MTMSA sewerage basins. The local limits criteria were updated based on recent information. Mr. Zarko recommended that the Board favorably consider the ordinance. Resolution #2 unanimously approved Ordinance #11-250 - Amendment to Sewer Use Regulations.
Public Works Director Kevin Costello presented the request to purchase a replacement street sweeper for the Public Works Department. Mr. Costello reported that the department researched and located a 2012 Elgin Whirlwind MV-Dual Pure Vacuum Street Sweeper Body and a 2012 International Truck Cab and Chassis on the Pennsylvania State Cooperative Purchasing Co-Stars program for a total of $235,598.03. Mr. Costello also reported that the Township had budgeted $250,000 for this replacement purchase in 2011. The Township would be replacing a 1997 Elgin Geo Vac. Supervisor McDonnell indicated that the public should understand that this purchase had already been budgeted for in the 2011 budget. Resolution #3 unanimously approved the purchase of the replacement street sweeper.
Public Works Director Kevin Costello reported that as part of the 2011 approved capital replacement budget, funds were budgeted to level and recoat two of the tennis courts at Spring Valley Park. Mr. Costello indicated that this improvement will eliminate an extremely low area on one of the courts, eliminate the cracks and restore the red and green playing surface. Mr. Costello said that this process of restoring the tennis court surfaces will delay the inevitable complete reconstruction of the courts in the future. A total of $10,500 was budgeted and the actual cost based on the lowest of three quotes received will be $9,850.00. Resolution #4 unanimously approved the award of the contract to level and recoat two tennis courts to Ten-Trac, Inc. of Souderton, PA at a cost of $9,850.
Public Works Director Kevin Costello reported on a proposal to retrofit electric lighting fixtures in the Public Works Building and portions of the Police Department in order to install more energy efficient lighting. Mr. Costello reported that the proposed installation would take advantage of PECO's Smart Equipment Incentives Program to reduce the upfront cost of the equipment through rebates with further savings through a reduction in energy usage. The fixtures would be purchased from County Electric and installed by Public Works personnel. Resolution #5 unanimously approved the purchase of new energy efficient lighting and fixtures from County Electric of Lansdale, PA at a cost of $5,542.95 to upgrade and retrofit the lighting at the Public Works and Police Departments to more energy efficient lighting and fixtures.
Deputy Chief Scott Bendig reported that by January 31, 2013, the Federal Communications Commission (FCC) has mandated that all public safety radio systems be converted to a "narrowband" operation. This "narrowbanding" has been mandated by the FCC to ensure more efficient radio usage and relieve radio congestion. Deputy Chief Bendig reported that the Police Department is requesting funding for the evaluation and re-tuning of the Township's Police Radio Communication system as well as the re-registering and re-licensing of radio operations. Deputy Chief Bendig recommended that the Board consider for approval a proposal received from RF Design and Integration Inc. to perform the necessary services at a cost of $6,900.00. After a brief discussion, Resolution #6 unanimously approved the agreement with RF Design and Integration, Inc. to perform the services noted at a cost of $6,900.00.
Finance Director Shannon Drosnock presented the proposed amendment to the personnel policy covered by the governing wage compensation for employees injured on the job and workers compensation insurance. Ms. Drosnock reported that under state law, the Township is required to provide medical, rehabilitation and wage replacement benefits to employees who sustain work related injuries. The law requires that wage replacement benefits be paid at two thirds (66 2/3%) of the amount of the regular gross pay for time lost from work. This benefit is exempt from Federal and State Income taxes. Ms. Drosnock reported that in addition to these minimum requirements, the Township pays an employee's salary or wages at the rate of 100% of an employee's regular base pay. With the current policy in place, when exempting the workers compensation portion from taxes, an employee on workers compensation leave could essentially receive the equivalent of 120% - 130% of the normal net pay. Ms. Drosnock concluded that the staff is recommending a change in the policy to provide for the supplemental payment to be adjusted on a "tax equalized basis" so that the net base pay received by the employee would be the same as their net base pay had they been working. Resolution #7 unanimously approved the amendment to the personnel policy for workers compensation policy and procedures.
Township Manager Lawrence Gregan reported that the Township's Workers' Compensation Trust is hosting a conference to offer staff the opportunity to expand their knowledge on workers' compensation and related employee relations issues. Mr. Gregan requested the Board's approval to send Finance Director Shannon Drosnock and Human Resources Coordinator Meg Swiggard to this conference. Lodging and meal cost will be paid for by the Delaware Valley Workers' Compensation Trust. The Township will cover minimal costs for travel and some meals. Resolution #8 unanimously approved the out of state conference for the Workers' Compensation Trust conference.
Planning Director Bruce Shoupe reported that the Board had previously authorized a public hearing for a Conditional Use - 1 Goodwin Lane - T-Mobile Northeast, LLC to be held on June 13, 2011. Mr. Shoupe reported that the applicant is unable to attend this meeting and has submitted an extension letter asking that the hearing be held on July 11, 2011. Resolution #9 unanimously set Monday, July 11, 2011 after 8:00 p.m. as the date and time for a public hearing to consider the conditional use application for T-Mobile Northeast, LLC.
Planning Director Bruce Shoupe presented three requests for waiver of fees for special event permits. Mr. Shoupe reported that in the past, it has been the policy of the Board to waive permit fees for non-profit and religious organizations. The Township has received requests from Montgomery Elementary for their Spring Festival, Mary Mother of the Redeemer for their Parish Festival, and Bharatiya Temple for their Annual Festival. Supervisor Walsh made a motion to approval all three waivers of fees and Supervisor Chimera seconded the motion. Resolutions #10, #11 and #12 unanimously approved the waiver of fees for the special event permits as noted above.
Chairman Birch made a motion to approve the payment of bills. Supervisor Chimera 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 8:33 p.m.