MINUTES OF MEETING
SEPTEMBER 12, 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 and Frank R. Bartle, Esquire. Three matters of personnel and one matter of potential litigation were discussed.
Chairman Robert Birch called the regular action meeting to order at 8:10 p.m. In attendance were Supervisors Candyce Fluehr Chimera, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Frank R. Bartle, Esquire, Lawrence Gregan, Kevin Johnson, Judith Stern Goldstein, Richard Brady, Scott Bendig, Rick Lesniak, Bruce Shoupe, Kevin Costello, Ann Shade, Shannon Drosnock, Vicki Zidek, Richard Grier and Shirley Snyder.
Following the Pledge of Allegiance, a moment of silence was observed in memory of those who lost their lives on September 11, 2001.
Chairman Robert Birch called for public comment from the audience. Gerald Bowe of 106 Summit Place stated that he has a concern with residents who are having open fires in the neighborhood. Mr. Bowe noted that he has called the Director of Fire Services, the Police Department and the Department of Planning & Zoning, and no one at the Township has resolved the problem. Candyce Fluehr Chimera stated that she had a conversation about this matter earlier in the day and that Mr. Bowe's concerns are with residents who have chimineas. Mr. Bowe provided a copy of a Township Ordinance concerning open burning to the Township Manager. Chairman Birch asked Director of Fire Services, Rick Lesniak, to look into the matter and report back to the Board at the September 26th meeting.
Frank R. Bartle, Esquire, reported that the Board met in an executive session earlier in the evening at 7:00 p.m. Mr. Bartle reported that there were three matters of personnel and one potential litigation matter that were discussed. Mr. Bartle reported that all of these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Chairman Robert Birch made a motion to approve the minutes of the August 22, 2011 Board meeting and Supervisor Candyce Fluehr Chimera seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Chief Richard Brady recommended the promotion of Recruits Thomas Ward and Jason English. Both Recruits were hired on August 27, 2010 and completed their one year probationary period on August 27, 2011. During their first year, the officers have been proactive and aggressive in their duties. They have attended several schools to further enhance their criminal justice knowledge, and have received above average performance evaluations from their respective patrol sergeants. Resolution #1, adopted unanimously, approved the promotion of Recruit Officers Thomas Ward and Jason English to the rank of Patrol Officer III, effective August 27, 2011.
Chairman Robert Birch thanked all the members involved in the Police Contract negotiating process: Chief Richard Brady, Deputy Chief Scott Bendig, Detective Ed Davies, Detective John McGready, Officer Mark Webster, Officer Dan Mitchell and Officer Michael Jenkins, Candyce Fluehr Chimera, Lawrence Gregan and Ann Shade. Lawrence Gregan summarized the settlement of the Police Contract Negotiations, stating that it is a five year contract, which includes wage increases. Mr. Gregan thanked everyone on the negotiating team for their professionalism in reaching the agreement. Supervisor Jeffrey McDonnell concurred and noted that the process doesn't always run so smoothly. Mr. Gregan stated that often times the process moves to binding arbitration, which is costly and not desirable to either party. Supervisor Joseph Walsh thanked the members of the Police Department for being mindful of the cost of benefits, and for working diligently to reach a win/win agreement. Resolution #2, adopted unanimously, approved and authorized the execution of the new Police Collective Bargaining Agreement for the years 2012 - 2016.
Chairman Robert Birch reported that the Final Land Development Plan for Hawthorne Court had been tabled at the June 27, 2011 meeting, due to some unanswered questions. James Garrity, Esquire provided a brief summary of the Final Land Development Plan for Hawthorne Court LDS#658. Mr. Garrity stated that the plan is a 12 acre parcel, which has had two prior plans approved, neither of which were completed. The present plan includes an office building, a hotel and a day care facility. Mr. Garrity has met with the Planning Commission and with the residents in the neighboring development. Mr. Garrity stated that the applicant has voluntarily agreed to modify the plan with reference to the following concerns raised by the residents of Gwynmont Farms: Light fixtures will be lowered to the height of 20 feet to shield the light from view to the adjoining residences; the sign which was to be placed at the rear of the hotel will be moved to the southern side of the building; limited times of collection for trash removal; deliveries for the hotel will be limited to specific hours on weekdays only; the rear door of the hotel will be limited to a key entry system; an 8 foot shadowbox fence around the northern and eastern property lines will be installed to assist with security and buffering; Evergreen buffer trees, 10 to 12 feet in height will be planted on top of the berm; the height of the berm along the eastern side will be equalized to address the concerns of the residents; applicant will post an additional escrow in the amount of $25,000 for possible future buffering along the perimeter of the Gwynmont Farm Development; and in lieu of the roadway connection to Gwynmont Drive, the applicant will provide a contribution to the Township in the amount of $37,100, the estimated cost of constructing the extension of Gwynmont Drive from the entrance into the proposed hotel to the Gwynmont Farms development and offer for dedication the area of the right-of-way within the roadway extension area. Chairman Birch inquired whether it would still be possible to add buffering, if needed. Judith Stern Goldstein stated that the plan seems to be full, but if gaps are evident at the completion of the project, additional buffering could be added. Mr. Garrity noted that the applicant is willing to either build the extension to Gwynmont Drive, or not build the roadway and give $37,100, the amount of estimated cost savings, back to the Township. Supervisor Michael Fox noted that he has talked with a number of residents and they do not want to have the road connected to their development. Traffic Engineer, Kevin Johnson stated that a traffic analysis was completed at the existing entrance to Gwynmont Farms development intersection to see if a traffic signal was warranted. The analysis showed that the traffic at the intersection did not meet the criteria to warrant a traffic signal. Mr. Johnson noted that some sight distance issues were identified at this intersection due to the widening of the road to 5 lanes of traffic and that PennDOT will be making changes to address the sight distance issues, including some grading and vegetation work. He also noted that as a result of the widening of Route 202, the traffic level of service will actually improve at this intersection for the Gwynmont Drive traffic. Director of Fire Services Rick Lesniak reported that he had reviewed all reports and information and all concerns that had been raised have been satisfactorily addressed. Police Chief Richard Brady recommended that the name of the access road be changed to something other than Gwynmont Drive. Mr. Garrity suggested that perhaps the residents of Gwynmont Farms might like to have input into the new name of the roadway. Supervisor Michael Fox recommended that the road go to the entrance of the hotel only, and not be a through road into Gwynmont Farms. Supervisor Joseph Walsh thanked Mr. Garrity for meeting with the representatives of the Board and the residents to discuss this plan.
Chairman Robert Birch called for Public Comment on this matter.
Pam Lambert of 141 Gwynmont Drive inquired whether the berm will be extended across the area where the roadway will not be opened. Mr. Garrity stated that in addition to the 8 foot shadowbox fence, the berm will be extended.
Rachel Yoka of 103 Trotter Lane noted that the plan for Hawthorne Court does not meet the criteria of the Montgomery Township Comprehensive Plan. Ms. Yoka requested that the Board of Supervisors review the Comprehensive Plan before approving any future projects.
Laura Salverian of 104 Gwynmont Drive commented that consideration should be given in land development matters before a residential subdivision and a commercial development are approved side by side, so that developments can be done in harmony with each other. She opined that the development of Hawthorne Court impacts the safety of the neighborhood and increases traffic. Ms. Salverian requested that the Board turn down this project.
Bob Gursky of 102 Gwynmont Circle commented on the "Community Development Objective" language in Chapter 230 of the Zoning Code, which notes the codes intention to protect existing residential districts. He opined that the Gwynmont Development was in place for twenty three years and should qualify for protection as an "existing residential district". Solicitor Frank Bartle explained the purpose for including this language in the Zoning Code is to establish the basis for setting the specific regulations for uses, setbacks, etc. in that district. However, he advised that the language is not a basis to deny a plan. Mr. Gursky also noted that the clearances between the buildings has changed from the original plan and have been pushed to the minimum set back. Mr. Gursky thanked the Board of Supervisors for not extending the road.
Della Payne of 101 Trotter Lane expressed her appreciation to the Board of Supervisors for all they have done to accommodate the residents under the constraints that are imposed. Ms. Payne advised that the residents will never patronize the hotel chain that moves into this location, will make telephone calls and will picket this location.
Solicitor Frank Bartle stated that the Board of Supervisors has to look at the plan based on the Township Ordinances that are in effect. In order for the Board to deny the plan, the Board must be able to specify the exact discrepancies of the Ordinance. The plan being presented meets all the criteria of the Ordinance and the proposed uses are permitted in this zoning district. Mr. Bartle also noted that the Board of Supervisors has no latitude to change the Ordinance at this time.
Resolution #3, adopted unanimously, approved the final land development plan for Hawthorne Court, including all seven waivers requested. Chairman Robert Birch thanked all the residents for voicing their opinions and for their input during this process.
The Township previously adopted a resolution authorizing the disposal of non-permanent Township records as set forth in the Municipal Records Manual dated December 16, 2008. Resolution #4, adopted unanimously, authorized the disposal of non-permanent records for the Planning & Zoning Department, Park and Recreation Office and the Administration Department.
Kevin Kochanski, Director of Zoning Code Enforcement Services for Boucher & James, stated the Company's interest in providing construction oversight and inspection of the Staybridge Suites Hotel, located at Garden Golf Boulevard. Supervisors Michael Fox and Joseph Walsh noted that they have been very pleased and satisfied with the services provided by Boucher & James with other Township projects. Resolution #5, adopted unanimously, approved the proposal submitted by Boucher & James to provide construction oversight and inspection services of the Staybridge Suites Hotel project, located at 119 Garden Golf Boulevard for a total not to exceed a cost of $51,270.
Rich Grier reviewed the costs/benefits of moving the Board Packets from paper to tablet computer for electronic distribution. Based on the cost analysis, it is estimated that the savings from the conversion would pay for the cost of the tablets in 21 months. The Board discussed the option of having the Township purchase the tablets, or the Board members purchasing them. After additional discussion on the types of tablets available, the Board asked Mr. Grier to obtain a price quote and report back to the Board.
Chairman Robert Birch made a motion to approve the payment of bills. Supervisor Joseph Walsh seconded the motion. The payment of bills was unanimously approved as submitted.
Chairman Robert Birch stated that Chief Richard Brady is requesting consideration for Officers James Matlack and Adam Deussing to attend MIRT training in Alabama. Resolution #6, adopted unanimously, approved the request for Officers James Matlack and Adam Deussing to attend MIRT training on September 12th through September 16th at the Center for Domestic Preparedness in Anniston, Alabama.
There being no further business to come before the Board, the meeting adjourned at 9:50 p.m.