MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

MAY 28, 2019

  

            At 6:30p.m. Chairman Michael J. Fox called to order the Executive Session. In attendance were Vice-Chairman Candyce Fluehr Chimera, and Supervisors Jeffrey W. McDonnell and Tanya C. Bamford. Supervisor Matthew W. Quigg was absent. Also in attendance was Township Manager Lawrence J. Gregan, and Township Solicitor Frank Bartle, Esquire.

            Chairman Michael J. Fox called the action meeting to order at 7:05 p.m. In attendance were Vice-Chairman Candyce Fluehr Chimera and Supervisors Jeffrey W. McDonnell and Tanya C. Bamford. Supervisor Matthew W. Quigg was absent. Also in attendance were Township Solicitor Frank Bartle, Esquire, Township Manager Lawrence Gregan, Police Chief Scott Bendig, Director of Fire Services Richard Lesniak, Director of Finance Ami Tarburton, Director of Administration & HR Ann Shade, Assistant to the Township Manager Stacy Crandell, Director of Planning and Zoning Bruce Shoupe, Director of Public Works Kevin Costello, Director of Recreation and Community Center Floyd Shaffer, Recording Secretary Deborah Rivas and Director of Information Technology Richard Grier.  

            Following the Pledge of Allegiance, Chairman Michael J. Fox called for public comment from the audience.

            Under public comment, Richard Roller of 1142 Knapp Road, and the Montgomery Township representative to the Northern Montgomery County Recycling Commission presented a check to the Board in the amount of $54,240.71 representing the Township’s share of the Commissions Act 209 Recycling Performance Grant. Mr. Roller reported that the recycling commission is a group of eleven municipalities and the total received by all municipalities participating in the Commission for 2017 was $301,104. Mr. Roller further reported that this amount was again down from the previous year and he was not sure how long this program would be maintained by the state. The Board thanked Mr. Roller for his continued work on the commission and for bringing the check to the Township.

            Solicitor Frank Bartle, Esquire announced that the Board had met in an executive session prior to this meeting at 6:30 p.m., and discussed matters of potential litigation, including the Cutler matter and a number of Cutler matters that are related. The next item discussed was an ongoing matter of litigation, Maureen and John Mirabella versus Susan Villard et al., which is a case in the Court of Common Pleas of Montgomery County, No. 2015-29477. The Board also discussed three matters of litigation that are filed applications before the Zoning Hearing Board. The first is Ocean State Job Lots of Montgomeryville located at 988 Bethlehem Pike. The next is Stephan Lemelin and Vyrna Kandrin located at 205 Westminster Drive for a fence, and the third is Scott Payne for a property located at 512 Bethlehem Pike. The Board also discussed a labor matter which was the Police Collective Bargaining award that has been presented to the Township for signature. Mr. Bartle stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.

            Chairman Michael J. Fox made a motion to approve the minutes of the May 13, 2019 Board of Supervisors meeting, and Supervisor Candyce Fluehr Chimera seconded the motion. The minutes of the meeting were unanimously approved as submitted.

            Township Manager Lawrence J. Gregan reported that vacancies currently exist on the Montgomery Township Shade Tree Commission and Environmental Advisory Committee. Township resident Brad Walters has expressed an interest to be appointed to the Shade Tree Commission. The appointment would be for a five-year term expiring on January 1, 2024. In addition, Township resident Donald Hamp has expressed an interest to be appointed to the Environmental Advisory Committee. The appointment would be for a term that expires on January 1, 2021. Brad Walters was present to take his oath and Donald Hamp will take his oath at a future time. Resolution #1 made by Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the appointment of Brad Walters to the Shade Tree Commission for a five-year term expiring on January 1, 2014 and Donald Hamp to the Environmental Advisory Committee for a term to expire on January 1, 2021.

            Director of Fire Services Richard Lesniak reported that the Amended and Restated Fire Services Agreement with the Volunteer Fire Department of Montgomery Township (FDMT) provides that the department shall annually advise the Board of Supervisors and obtain approval for its annual planned fundraising activities. The FDMT proposes the following fundraising activities for 2019: hosting of car washes throughout the summer months; annual fund drive mailings; and coin toss in December. Resolution #2 made by Chairman Michael J. Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, approved the list of planned fundraising activities for 2019.

            Director of Fire Services Richard Lesniak reported that as part of the Battalion 1 renovation and the construction of Battalion 2, Plymovent Exhaust Systems were installed in each firehouse to capture and exhaust the harmful emissions of vehicles. The Plymovent systems are comprised of air compressors, mechanical fans, hoses, and pneumatic grabbers that attach to the tailpipe of each vehicle. To cut down on the use of the air compressors, and to eliminate failures associated with the pneumatic grabbers, the Department of Fire Services is requesting approval to retrofit and upgrade the Plymovent systems to use magnetic grabbers to connect to the tailpipe of each vehicle. A quote has been received from Air Cleaning Systems, Inc., an authorized vendor under the Co-Stars Cooperative Purchasing Program (Contract #008-047) to perform the retrofit and upgrade at a total cost of $22,750.00. Resolution #3 made by Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, granted approval to upgrade the Plymovent systems at Battalion 1 and Battalion 2 to use magnetic grabbers to connect to the tailpipes of each vehicle in the amount of $22,750.00.

            Director of Public Works Kevin Costello reported that the Public Works Department has received a quote from Guidemark, Inc. dated May 15, 2019 for the annual line striping contract for the painting of double yellow and white lines on Township roads at various linear foot unit costs. Estimated costs based on the number of roads scheduled for painting will be approximately $10,000. Resolution #4 made by Chairman Michael J. Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, awarded the contract for line striping of Township Roads to Guidemark, Inc. in accordance with their proposal dated May 15, 2019 for an estimated total cost of $10,000.00

            Assistant to the Township Manager Stacy Crandell reported that staff has prepared a grant application for the construction of improvements to Friendship Park to be submitted to the Department of Community and Economic Development (DCED) through the Commonwealth Financing Authority (CFA). The Greenways, Trails and Recreation Program provides grant funding for planning, acquisition, development, rehabilitation & repair of greenways, recreational trails, open space, parks and beautification projects. The proposed park improvements for Friendship Park include two pickleball fields, a handicap accessible playground, shaded picnic pavilion, and extension of the existing walking trail. The maximum amount of grant funding available for each project is $250,000 and requires a 15% local match of the total project cost. Resolution #5 made by Chairman Michael J. Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the submission of the application for grant funding in the amount of $250,000 for Friendship Park improvements to the DCED Greenways, Trail and Recreation Grant Program.

            Director of Planning and Zoning Director Bruce Shoupe reported BJ’s Wholesale Club, Inc. has requested that the eighteen month maintenance period for the BJ’s Gas Station project begin. An escrow release of their Surety Bond in the amount of $76,157.61 has also been requested. The developer is required to provide a Maintenance Bond in the amount of $75,986.42 which is 15% of the original total escrow. Resolution #6 made by Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford, and adopted unanimously, approved the acceptance of the start of the maintenance period and an escrow release as recommended by the Township Engineer, in the amount of $76,157.61 contingent upon payment of all remaining Township engineer and legal fees for the BJ’s Wholesale Club Gas Station project.

            Resolution #7 made by Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the waiver of the fee for a special event permit for Mary Mother of the Redeemer Catholic Church Parish Festival to be held from June 18, 2019 through June 22, 2019.

            A motion to approve the payment of bills was made by Chairman Michael J. Fox, seconded by Vice-Chairman Candyce Fluehr Chimera, and adopted unanimously, approved the payment of bills as submitted.

            Under other business, Resolution #8 made by Chairman Michael J. Fox, seconded by Supervisor Candyce Fluehr Chimera and adopted unanimously, authorized the execution of a Consolidated Collective Bargaining Agreement with the Montgomery Township Police Officers for the years 2017 – 2020 per the terms of the Arbitration Award with clarifications.

            Also under other business, Chairman Michael J. Fox made a motion that the Board of Supervisors authorize the Solicitor to send a letter to the Zoning Hearing Board supporting the determination of the Zoning Officer and taking no position as to the variance request in the matter of Scott Payne for the property located at 512 Bethlehem Pike. Supervisor Tanya C. Bamford seconded the motion and the motion passed unanimously.

            There being no further business to come before the Board, the meeting adjourned at 7:28 p.m.