Monday, January 26, 2009
Chairman Michael Fox called to order the executive session at 7:00 p.m. In attendance were Supervisors Birch, McDonnell, Prousi and Sarosky. Also in attendance were John Nagel, Frank Bartle and Robert Iannozzi. Items of personnel, litigation, potential litigation, potential acquisition of real estate and open space were discussed.
Chairman Michael Fox called to order the action meeting at 8:10 p.m. In attendance were Supervisors Birch, McDonnell, Prousi and Sarosky. Also in attendance were Frank Bartle, Larry Gregan, Bruce Shoupe, Rich Brady, Bill Brightcliffe, Pam Gural-Bear, Kevin Costello, John Chambers and Deb Rivas.
There was no general public comment.
Chairman Fox announced that the Board requested its Solicitor to review the current guidelines for public participation in Board of Supervisors meetings as those guidelines had not been updated since 1999 and 2003. Frank Bartle stated that there were three documents that were reviewed and updated, Public Participation in Board of Supervisors' Meetings, Use of Recording Devices at Board of Supervisors' Meetings, and Conduct and Participation in Public Hearings before the Board of Supervisors. Mr. Bartle stated that these guidelines were to assist both the Supervisors in stating what they were required to do at a meeting and also the participants to understand how they can participate in meetings. Mr. Bartle highlighted some of the guidelines, which included public comment options and the process by which public comment is heard. Supervisor Sarosky urged the Board to adopt the continued practice of the previous Board for at least the past eleven years to allow residents to comment on an item when that item is discussed during the meeting. Supervisor Sarosky indicated that participants may not know what the item is based on a description and it would not be fair to only allow public comment at the beginning of a meeting and at no other time. Supervisor Sarosky also indicated that under paragraph 2 of the public participation guidelines, its says that if the Board determines that there is not sufficient time at a meeting for the residents to comment, the Board may defer the comment period to the next regular meeting or a special meeting. Supervisor Sarosky indicated that it would be unfair to ask participants to wait until the next meeting to make their comments about an agenda item from the previous meeting. Chairman Fox stated that these guidelines meet the minimum requirements of the law and that he understood from the previous meeting that the Board had decided to allow public comment after each item on the agenda. Supervisor Sarosky asked Chairman Fox to clarify that this was the Board's intention and to modify the guidelines to make this decision formal. Mr. Bartle stated that the guidelines were the minimum requirements so there would be no need to change them if the Board wished to do something more than what was required. Supervisor Prousi requested that if the Board's intention was to allow public comment after every item, then why not modify the guidelines to say so. Supervisor McDonnell stated that it was not necessary to have those options written in the guidelines as it allows flexibility for future Chairpersons and future Boards to decide how they want to handle public comment. Chairman Fox restated that the guidelines will follow the regulations, but this Board will entertain public comment after each item on the agenda in addition to general public comment at the beginning of the meeting. Resolution #1 approved the Guidelines for Public Participation in Board of Supervisors' Meetings, Use of Recording Devices at Board of Supervisors' Meetings, and Conduct and Participation in Public Hearings before the Board of Supervisors as presented by a vote of 4 to 1, Supervisor Sarosky opposing.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting to discuss matters of personnel, litigation matters, potential litigation and the potential acquisition of real estate by the Township, including open space issues. Mr. Bartle also announced that the executive session will continue after the conclusion of the action meeting.
Chief Brady introduced the newest Police Cadet, Taylor Jones, who successfully passed all phases of the police testing procedures. Officer Jones will be attending the Municipal Police Officers Training Academy beginning on February 2, 2009. Chairman Fox administered the loyalty oath and resolution #2 unanimously authorized the hiring of Taylor Jones as Cadet Patrolman with the Montgomery Township Police Department. Resolution #3 unanimously authorized Officer Jones to attend the basic training program.
Supervisor McDonnell announced that the Senior Volunteer Committee was created to address the needs of the senior population of Montgomery Township. Seven residents were selected to become the founding members of this committee. Seven residents will be appointed and six of those residents are present to be sworn in this evening. Resolution #4 unanimously appointed Peggy Azarian, Judy Fabian, Helen Haag, Tanya Redilla, Richard Roller, Ralph Schurr and Kathryn Sletten to the Senior Volunteer Committee. Kathryn Sletten will be sworn in at a later time.
Pam Gural Bear announced that the Open Space Committee was seeking the Board's approval to authorize an Application to the Montgomery County Open Space Grant Fund for the Completion of Trail #1 (PECO Power Line Trail). Ms. Gural Bear introduced Roy Rodriguez, Chairman of the Open Space Committee, who made a presentation regarding the proposed three mile trail which would be constructed along the PECO power lines. The cost for the construction would be $1,848,106.30. County open space funds would contribute $1,478,485 to the project and the Township would be responsible for the remaining $374,040. Montgomery Township staff and Mr. Rodriguez are scheduled to present the application to the Montgomery County Open Space Committee on Tuesday, January 27, 2009. Chairman Fox inquired that if the application is approved by the county; will it still be contingent upon an agreed upon sub-license with Nappen & Associates? Mr. Rodriguez confirmed that it would be. Chairman Fox also asked if there are any other Townships connecting to this trail system. Mr. Rodriguez stated that Horsham Township has a trail that is headed towards Montgomery Township that will eventually connect to this trail. Supervisor McDonnell thanked everyone on the Open Space committee for their hard work on this proposal. Chairman Fox made a motion to approve the Resolution (#5) to authorize Montgomery Township to submit the County Trail Connection application package for the Montgomery County Green Fields/Green Towns Program Municipal Grant Program to Montgomery County for Consideration. The motion/resolution passed unanimously.
Township Manager John Nagel announced that PA Senate Bill 1225 establishes a statewide system of mutual aid through the PA Emergency Management Agency (PEMA). Mr. Nagel stated that the mutual aid network has been in place for years. The new law identifies PEMA as the central authority for the mutual aid system. The Board was not required to take specific action on this bill, other than to publicly report that Montgomery T ownship acknowledges PEMA as the central authority.
Under the consent agenda, the minutes of the meeting for January 5, 2009 and the payment of bills were approved as submitted. Resolution #6 authorized the Township Manager to advertise for bids for the annual Public Works materials. Resolution #7 authorized the Township Manager to advertise for bids for 2009 Curb and Sidewalk project. Resolution #8 approved the agreement as authorization for the Novachip bid through the Montgomery County Consortium. Resolution #9 approved the Township's participation in the PACC Automotive and Equipment Contract which is administered by the City of Harrisburg, PA. Resolution #10 approved the revised Montgomery Township Recreation Bus Trips, Trip Chaperones and Refund Policies. Resolution #11 approved the contracts for the purchase of 2009 Capital expenditures (Public Works Mower for $11,970.50 under PA State contract) and (Public Works Tractor for $14,156.89 under PA State contract). Resolution #12 approved the 2008 4th Quarter Budget Amendments and Inter-fund Transfers as submitted. Resolution #13 approved designating $1,700,000 of the 2008 Unreserved Fund Balance to Designated Capital Improvement Projects as submitted. Resolution #14 accepted the recent resignations of former volunteer committee members. Supervisor Sarosky requested that the names of those volunteers who had resigned be read into the record as follows: The following former volunteer committee members have submitted letters of resignation between October 2008 and January 2009: David Keightly (Park & Recreation Board), Ed Suarez (Finance), Bob McConnell (Open Space & Shade Tree Commission), John Umphred (Pension), Robert Taggart (EAC) and Bill Maule (Autumn Festival). Resolution #15 approved the request by Detective Ward Thomas to attend an out of state advanced interrogation training course. All consent agenda resolutions were approved unanimously.
There being no further business, the meeting adjourned at 9:00 p.m. and the Board of Supervisors returned to the executive session at 9:05 p.m. In attendance were Chairman Fox, Supervisors Birch, McDonnell, Prousi and Sarosky. Also in attendance were Frank Bartle, Richard Brady, Bruce Shoupe, Pam Gural Bear, John Chambers, Larry Gregan and John Nagel. Matters of personnel, litigation, potential litigation, potential acquisition of real estate by the Township and open space issues were discussed. The executive session adjourned at 9:45 p.m.