MINUTES OF MEETING
June 13, 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, Ryan Cassidy, Esquire, and Frank Colelli. Matters of personnel and litigation were discussed.
Chairman Robert Birch called the regular action meeting to order at 8:15 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, Bruce Shoupe, Kevin Costello, Ann Shade, Shannon Drosnock, Scott Bendig, Richard Grier and Shirley Snyder.
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 from 6:30 p.m. to 8:00 p.m. Mr. Bartle reported that the following two matters of litigation were discussed: RD Management Zoning Validity Challenge and a Zoning Hearing Board Appeal for 1314 Lansdale Avenue. The Board also discussed were various personnel items, including Police Personnel matters, an interview for the Director of Fire Services position, and continuing Police negotiation matters. 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 23, 2011 Board meeting and Supervisor Candyce Chimera seconded the motion. The minutes of meeting were unanimously approved as submitted.
Resolution #1 unanimously appointed Andrea Duffy to the 300th Anniversary Committee. Supervisor Joseph Walsh reported that the committee had a great first meeting and will be meeting again on Tuesday, June 14, 2011. Mr. Walsh also reported that Ms. Duffy has spoken with a publisher concerning a special Montgomery Township publication in conjunction with the 300th Anniversary of the Township.
Resolution #2 unanimously appointed Township Finance Director Shannon Q. Drosnock to serve as the alternate delegate on behalf of the Township on the Montgomery County Earned Income Tax Collection Committee (TCC), effective immediately. Ms. Drosnock's appointment shall continue until a successor is appointed.
The presentation by the Finance Committee will be rescheduled to another meeting, as the representative of the Committee was unable to attend.
Chairman Robert Birch reported that Robert Brandt, Esquire has advised the Township that he has been requested to represent the Simon Property Group in connection with a Land Development/Expansion of the Montgomery Mall. As Mr. Brandt currently serves as a special counsel for the Township on a condemnation matter, he has submitted a request asking the Board for a waiver of any conflict so that he can proceed to represent Simon Properties on this project in the Township. Resolution #3 unanimously approved the waiver of any conflict of interest for Robert Brandt, Esquire, in connection with his representation of Simon Property Group relative to their application for a Land Development/Expansion of the Montgomery Mall property.
Shannon Drosnock reported that final agreements to settle the Montgomery Mall and J.C. Penney's Tax Assessment Appeals have been received from Scott Breidenbach, Esquire who serves as special counsel for the Township and North Penn School District on these appeals. The final settlement agreement for the J.C. Penney (parcel 46-00-00340-20-8) would reduce the current assessed value for the years 2008 through 2011, which will result in a cumulative revenue loss of $17,473 over the three year period. The final settlement agreement for Montgomery Mall (parcel 46-00-00340-00-1) would increase the assessment value for years 2008 and 2009, resulting in an increase of $12,052 to the Township's real estate tax revenue. For years 2010 and 2011 the assessment decreases resulting in a decrease of $25,030 to tax revenue for a cumulative impact of a $12,978 loss to revenue over the four year period. Resolution #4 unanimously accepted the terms of the Stipulated Settlement agreements for the J.C. Penney and Montgomery Mall parcels, and authorized Scott Breidenbach, Esquire to sign the agreements on behalf of the Township.
Bruce Shoupe reported that Emil Saladik has requested a refund of the building permit, plan review and administrative fees for Lot #5 at Kidalas Court. Mr. Saladik had obtained his permit in December 2010, in order to receive the permit prior to the implementation of the new Residential Sprinkler Codes. Since that time, the Code has been repealed, and Mr. Saladik is not in a position to build on the lot at this time. Mr. Saladik is requesting the total amount of $4,996.37 be refunded, which includes the non-refundable amount of $397.14 for review and administrative fees as set forth in the Montgomery Township Fee Schedule. Resolution #5 unanimously approved the waiver of review and administrative fees related to the refund of permit fees for Lot #5 in the Kidalas Court Subdivision.
Chairman Robert Birch made a motion to approve the payment of outstanding bills. Supervisor Joseph Walsh seconded the motion. The payment of bills was unanimously approved as submitted.
Chairman Robert Birch reported that the Board may want to have the Township Solicitor intervene on behalf of the Township in opposition to the Zoning Hearing Board Application of Theresa Whetstone of 1314 Lansdale Avenue scheduled for a hearing on July 5, 2011 and to present the case of the Township in opposition thereto. Motion #1 unanimously approved this action.
Under other business, Supervisor Michael Fox requested that staff research alternative technology options to provide the Board packets electronically, rather than in a paper format. Mr. Fox suggested the use of IPads as a possible alternative. Supervisor Joseph Walsh noted that the North Penn School District posts the Board information on the website and provides the Board specific logins to access the information. He commented that he was in favor of going completely electronic, and that he would utilize his own laptop for this purpose. Lawrence Gregan advised that cost comparison estimates will be compiled by staff and presented to the Board. Rich Grier will research ways to provide electronic packets to the Board.
There being no further business to come before the Board, the meeting adjourned at 8:40 p.m.