MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
OCTOBER 9, 2018
At 7:00 p.m. Chairman Candyce Fluehr Chimera called to order the executive session. In attendance were Supervisors Tanya C. Bamford, Jeffrey W. McDonnell and Matthew W. Quigg. Vice-Chairman Michael J. Fox was absent. Also in attendance were Township Manager Lawrence J. Gregan and Township Solicitor Robert Iannozzi, Esquire.
Chairman Candyce Fluehr Chimera called the action meeting to order at 8:03 p.m. In attendance were Supervisors Tanya C. Bamford, Jeffrey W. McDonnell and Matthew W. Quigg. Vice-Chairman Michael J. Fox was absent. Also in attendance were Township Solicitor Robert Iannozzi, Esquire, Police Chief J. Scott Bendig, Director of Fire Services Richard Lesniak, Director of Administration and Human Resources Ann Shade, Assistant to the Township Manager Stacy Crandell, Director of Public Works Kevin Costello, Director of Recreation and Community Center Floyd Shaffer, and Director of Information Technology Richard Grier.
Following the Pledge of Allegiance, Chairman Candyce Fluehr Chimera reported on the recent passing of David Bennett, a member of the Fire Department of Montgomery Township, noting his years of volunteer service to the Montgomery Township Community, the Board had a moment of silence to honor his service to the community.
Chairman Candyce Fluehr Chimera called for public comment from the audience.
Tom Harker of 130 Bayhill Drive asked if there was any updates from Cutler regarding improvements to Montgomery Preserve. Township Manager Lawrence J. Gregan gave an update on what Township’s has been doing to secure the letters of credit to fund the remaining improvements since the Cutler Group has not been responsive to make the remaining public improvements. He furthered advised that he will be meeting with the Township Engineer to prioritize the remaining public improvements that can be completed with the available funds.
Joe Janscak, 136 Bayhill Drive asked about the remaining driveways that have not had the final paving done. Mr. Gregan advised that the Letter of Credits provided security for public improvements only. The driveways that have not received final paving by Cutler will have to be addressed by the individual homeowners.
William Kane, 243 Twining Road, spoke to the Board about his recent zoning hearing board case regarding the fencing and trellis at his residence. The Zoning Hearing Board granted several variances granting approval for increasing the height of the fence in his side and front yard above the limits in the Zoning Code and dismissed the Notice of Violation and granted him 12 months to complete the conditions of the variance.
Following the hearing, he stated that the Township Solicitor and the Planning and Zoning Director stated that the Township was going to appeal this decision. Since the hearing, he has completed the conditions of the variance by lowering the taller sections of trellis to a height not to exceed eight foot, plus the one foot of capping or trim. Still to be completed are the sections of curved lattice and final staining. He is asking that the Township not appeal the Zoning Hearing Board decision.
Brent Whiting and Troy Moyer, newly appointed President and Vice- President of the Montgomery United Soccer introduced themselves to the Board and thanked them for their support in allowing light towers that they purchased to be used at the Rose Twig Section of Windlestrae Park.
Solicitor Robert Iannozzi, Esquire announced that the Board had met in an executive session at 7:00 p.m. this evening to discuss the Cutler Development, which is a matter of potential ligation, and two matters of litigation about possible settlements, which include the matter of Roque vs. Montgomery Township, and Bharatiya Temple vs. Montgomery Township. Mr. Iannozzi stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.
Chairman Candyce Fluehr Chimera made a motion to approve the minutes of the September 24, 2018 Board of Supervisors meeting, and Supervisor Tanya C. Bamford seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Director of Fire Services Richard Lesniak announced the annual allocation by the Commonwealth of Pennsylvania of a share of the Foreign Fire Insurance Tax has been received in the amount of $205,654.31. These funds are a result of taxes paid by foreign fire insurance companies to the State of Pennsylvania in accordance with Act 205 of 1984. FDMT Relief Association President Paul Mogensen was in attendance to accept the check. Resolution #1 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, presented a check in the amount of $205,654.31 from the Commonwealth of Pennsylvania to the FDMT Fire Relief Association.
Director of Fire Services Richard Lesniak reported that due to the some materials used in many of the Township’s commercial buildings, radio communications can be compromised. The Fire Department recently experienced this at the Montgomery Mall while the career staff was on a fire/life safety inspection. While operating on Fireground 3, the career staff experienced a loss of radio reception in the service corridors as well as various locations in the common area inside the building. In addition, audible radio transmissions were scratchy and difficult to understand.
In order to explore remedies to prevent radio reception loss in the future, the Fire Services Director would like to attend the free Public Safety In-Building Radio Booster System Code Seminar on October 10, 2018 at the Moorestown Community House in Moorestown, NJ. Resolution #2 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized Director of Fire Services Lesniak to attend the Public Safety In-Building Radio Booster System Code Seminar on October 10, 2018 at the Moorestown Community House, Moorestown, NJ.
Assistant to the Township Manager Stacy Crandell reported that the Township has been a part of the Wissahickon Clean Water Partnership since 2016. The Partnership has been working to develop an alternate to the proposed EPA Total Phosphorus TMDL for stormwater discharged to the creek. Additional time and effort is needed to complete the plan and address any concerns or comments made by the EPA or DEP. In order to extend its participation in the Wissahickon Clean Water Partnership, the Township needs to adopt an ordinance. Resolution #3 made by Supervisor Tanya C. Bamford seconded by Supervisor Matthew W. Quigg and adopted unanimously, adopted Ordinance 18-309, approving an extension to participate in the Intergovernmental Cooperation Agreement- Wissahickon Clean Water Partnership Alternative TMDL.
Assistant to the Township Manager Stacy Crandell announced that the 2018 Fall Curbside Leaf Waste Collection will take place on Saturday, November 17, 2018. Residents must place the collected leaf and yard waste materials in biodegradable paper bags at the curb prior to 7:00 a.m. that day for collection.
Finance Director Ami Tarburton reported the annual General Municipal Pension System State Aid allocation for 2018 has been received in the amount of $580,864.17. This is an increase of 11% from the 2017 State Aid allocation. The State requires that the Board of Supervisors adopt a resolution approving the allocation of the State Aid to the pension systems for its employees. Based on the 2018 Minimum Municipal (MMO) Obligations to the Police and Non-Uniformed Pension Plans, and based on the AG-385 State certifications, it is recommended that the 2018 Act 205 General Municipal Pension System State Aid be allocated as follows:
Police Pension Plan – 56% - $ 327,907.11
Non Uniformed Pension Plan – 44% - $ 252,957.06
$ 580,864.17
Resolution #4 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, accepted the recommendation to allocate the 2018 Act 205 General Municipal Pension System State Aid to the Police Pension Plan in the amount of $327,907.11 and to the Non-Uniformed Employee Pension Plan in the amount of $252,957.06.
Resolution #5 made by, Chairman Candyce Fluehr Chimera, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized a construction escrow release in the amount of $8,079.00, as recommended by the Township Engineer for the Joseph Ambler Inn project.
Resolution#6 made by, Chairman Candyce Fluehr Chimera, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized construction escrow release #7 in the amount of $50,007.22, as recommended by the Township Engineer for LDS#664OHB Maple Brook Estates contingent upon all Township fees being paid.
Director of Information Technology Richard Grier reported that the US Communities is a national cooperative established for local and state government agencies, school districts, and nonprofits. The cooperative assists agencies and institutions to streamline the request-for-proposal process (RFP) while satisfying requirements for transparency and offering a comprehensive portfolio of awarded contracts. There is no cost to register and once an account is in place, the Township will have access to more than 55,000 agency awarded contracts in the US Communities portfolio. All agency contracts have been competitively solicited and publicly awarded by a public agency/governmental entity, utilizing the best public procurement practices, processes and procedures. A listing of available contracts ranging from Amazon to Home Depot can be found on their web site at http://www.uscommunities.org/
Resolution#7 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized staff to utilize the US Communities Cooperative for purchases that are permitted in the Commonwealth Procurement Code.
A motion to approve the payment of bills was made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approving the payment of bills as submitted.
There being no further business to come before the Board, the meeting adjourned at 8:42 p.m.