Montgomery Township, Pennsylvania

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03-26-2018 - Board of Supervisors Minutes

MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

MARCH 26, 2018

 

            At 7:00 p.m. Chairman Candyce Fluehr Chimera called to order the executive session.  In attendance were Supervisors Tanya C. Bamford, Michael J. Fox, Jeffrey W. McDonnell and Matthew W. Quigg.  Also in attendance were Township Manager Lawrence J. Gregan and Township Solicitor Robert J. Iannozzi, Esquire.

            Chairman Candyce Fluehr Chimera called the action meeting to order at 8:00 p.m.  In attendance were Supervisors Tanya C. Bamford, Michael J. Fox, Jeffrey W. McDonnell and Matthew W. Quigg.  Also in attendance were Township Solicitor Robert J. Iannozzi, Esquire, Township Manager Lawrence J. Gregan, Police Chief J. Scott Bendig, Director of Fire Services Richard Lesniak, Director of Finance Ami Tarburton, Director of Administration and Human Resources 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, Director of Information Technology Richard Grier and Recording Secretary Deborah A. Rivas.

            Following the Pledge of Allegiance, Chairman Candyce Fluehr Chimera called for public comment from the audience. 

            Under public comment, Richard Roller, Township Liaison to the Northern Montgomery County Recycling Commission (NMCRC) reported that he was presenting a check from the NMCRC to Montgomery Township in the amount of $35,471.70 to compensate the Township for its recycling efforts in the year 2015.  The total amount received from the Pennsylvania Department of Environmental Protection (DEP) by the NMCRC was $230,000 and this check represents Montgomery Township’s share.  Mr. Roller commented that each year the amount gets smaller.  The DEP has reduced the original formula by 40%.  Mr. Roller also thanked Township Manager Lawrence Gregan and Assistant to the Township Manager Stacy Crandell for their efforts in writing a letter from the Board of Supervisors to the Commonwealth of Pennsylvania asking that the funds that were meant for recycling not be used for any other state funds.  Mr. Roller reported that Governor Wolf has indicated that he will not consider signing any legislation that removes money from the recycling fund.

            Also under public comment, Millie Smith stated that she was interested in commenting on the proposed Firebirds Restaurant Conditional Use Application.  Ms. Smith was asked to hold her questions and comments until the public hearing portion of the meeting regarding the Firebirds Restaurant.

            Solicitor Robert Iannozzi, Esquire announced that the Board has met in an executive session prior to this meeting and discussed a personnel matter regarding a grievance and three matters of potential litigation.  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 March 12, 2018 Board of Supervisors meeting, and Vice-Chairman Michael J. Fox seconded the motion.  The minutes of the meeting were unanimously approved as submitted.

            Township Manager Lawrence J. Gregan reported that at the February 26, 2018 Board meeting, the Board was approached by a representative of Fair District PA asking that the Board consider a resolution to support the adoption of State legislation to amend the Pennsylvania State Constitution to provide for nonpartisan redistricting of state legislative and congressional districts following the 2020 Decennial Census. As directed by the Board, the Township staff and Solicitor have prepared a draft resolution for the Board’s consideration.  Supervisor Matthew W. Quigg suggested that the third paragraph of the draft resolution which refers to the Township being currently split between multiple State legislative and congressional districts be removed as that is no longer accurate.  The Board supported this suggestion and paragraph number three was removed from the final resolution. Resolution #1 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approved the resolution in support of nonpartisan redistricting efforts for legislative and congressional offices. 

            Director of Fire Services Richard Lesniak reported that Firefighter Robert Hedden currently holds three certifications in the Commonwealth of Pennsylvania and has submitted an application for renewal of those certifications for a new three year cycle (2016-2019).  Firefighter Hedden is requesting approval to take courses to satisfy required Continuing Education credits.  The courses are being offered through the New Jersey Department of Community Affairs at the Foundation for Education Administration, Monroe, NJ and The Inn at Lambertville Station, Lambertville, NJ.  The courses are offered free of charge.  The course titles are “Inspecting Grease Duct Wrap” and “Annual Permit Procedure”.  Resolution #2, made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized the out-of-state training for Firefighter Robert Hedden.

            Director of Public Works Kevin Costello reported that the approved 2018 budget for building maintenance includes a project for the repair and sealcoating of the exterior wood siding on the Administration, Police and VMSC Buildings.  Although this project does not exceed the limit required for Public Bidding, the Township’s Purchasing Police requires obtaining three quotes and Board approval for expenditures in excess of $10,000.  The lowest of the three quotes received was provided by General Painting of Pennsylvania Inc. at a total cost of $19,998.00.  Resolution #3 made by Supervisor Tanya C. Bamford, seconded by Chairman Candyce Fluehr Chimera and adopted unanimously, approved the contract for the repair and sealcoating of the wood siding on the Administration, Police and VMSC Buildings to General Painting of Pennsylvania Inc., for a total cost of $19,998.00.

            At 8:13 p.m., Chairman Candyce Fluehr Chimera opened the Public Hearing for a proposed Conditional Use application for Montgomery Crossing Associates C-67 Firebirds Wood Fired Grill – Gwynedd Crossing Shopping Center at Route 309 and Welsh Road. Notes of testimony were taken by Court Stenographer, Tim Kurek. Township Solicitor Robert J. Iannozzi, Esquire, explained that what is before the Board for consideration is a Conditional Use Application for a proposed “satellite use” to be located at the Gwynedd Crossing Shopping Center which is zoned C-Commercial.  The applicant proposes to construct an approximately 7,025 s.f. free-standing restaurant on an area of the existing parking lot, adjacent to the signalized access driveway from Welsh Road. Mr. Bruce Goodman, Mr. Rob Lewis and Mr. Gary Tilford were present for the hearing.  Mr. Goodman reviewed the proposed project with the Board. Supervisor Tanya C. Bamford questioned whether there were provisions made for expected foot traffic between the proposed restaurant and the current theater. Mr. Goodman advised that crosswalks will be added to the site.  Ms. Mildred Smith of 1316 W. Welsh Road stated that in 1990-1991 when the original development was constructed there were restrictions placed on the developer with regard to noise levels, loud speakers outside, time constraints on the use of sweepers, etc.  Ms. Smith inquired if the Township will be certain to enforce these restrictions on the new restaurant development. Ms. Smith asked where the dumpster would be located.  Mr. Goodman indicated where the dumpster would be located and what type of screening would surround it.  Ms. Smith asked about increased parking. Chairman Candyce Fluehr Chimera reported that the Township consultants have reviewed and approved the parking requirements on this proposed development.  Solicitor Robert Iannozzi, Esquire explained that the Township consultants are required to review the proposed plans and to ensure that the applicant follows through on all the requirements placed on the applicant.  Ms. Smith was informed that specific questions regarding noise can be addressed during the land development phase of the application. Township Manager Lawrence J. Gregan informed Ms. Smith that Bruce Shoupe, Director of Planning and Zoning, will notify her when the land development plans arrive at the Township so that she can come in to review them.  The public hearing closed at 8:41 p.m.  Resolution #4 made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the conditional use application for Montgomery Crossing Associates C 67 Firebirds Wood Fired Grill.  Vice Chairman Michael J. Fox stated that the conditional use is approved and asked developer Bruce Goodman to take into consideration the comments of Mildred Smith when presenting his land development application.

            At 8:44 p.m., Chairman Candyce Fluehr Chimera opened the Public Hearing for a proposed Conditional Use application for ProReal Ventures LLC – Shine Time Carwash C 68 – DeKalb Pike and Welsh Road. Notes of testimony were taken by Court Stenographer, Tim Kurek. Township Solicitor Robert J. Iannozzi, Esquire, explained that what is before the Board for consideration is a Conditional Use Application for a proposed 4,594 square foot automatic car wash to be located on a 1.816 acre lot at the northeast corner of DeKalb Pike and Welsh Road, formerly occupied by the Atomic Tire Company.  The property is currently zoned C-Commercial and the use is permitted by Conditional Use approval.  The applicant proposes to provide car stacking for 66 vehicles and parking for employees and customers totaling 34 spaces.  Access to the site is shown as a “right in only” driveway entrance on an existing curb cut located on the Welsh Road frontage of the site and a “full-movement” driveway entrance and exit through an existing curb cut located on the DeKalb Pike frontage of the site.  Kimberly Freimuth, Esquire, Chris Jensen, P.E., Mark Roth P.E., Traffic Engineer and Andrey Shalaurov, the applicant, were present to provide testimony on the proposed conditional use. Chris Jensen, P.E. described the proposed car wash and layout of the site.  Mark Roth, P.E. testified to the traffic study that was completed on the site and use of the location.  Vice Chairman Michael J. Fox stated that he would like to hear comments from the Township’s Traffic Engineer, Traffic Planning and Design (TPD) on the traffic study which was only received the Friday prior to this meeting.  Vice Chairman Fox said that he was concerned about the impact this project would have at one of the busiest intersections in the Township. Supervisor Tanya C. Bamford inquired about the use of the vending area and the safety concern with foot traffic crossing the entrance driveway.  Questions were also raised about the number of staff onsite and the possible backup of traffic on Welsh Road.  Mark Roth, P.E. indicated that there will be meetings with PennDOT with regard to access and traffic studies and that Township Traffic Engineer, Kevin Johnson, will be invited to the meetings with PennDOT.  The applicant was agreeable to a continuance of the hearing until the April 9, 2018 Board meeting in order that the engineer would have sufficient time to review and provide comments to the Board on the traffic study. Vice Chairman Fox inquired if the applicant might consider approaching PECO about utilizing the land underneath the power lines which might allow for the driveway to be moved further away from the intersection.  Supervisor Matthew Quigg stated that the Board was appreciative of the applicant wanting to locate and build a business here in Montgomery Township and that the Board is not against the plan, they are just trying to make sure that it does not cause traffic concerns in that intersection of the Township.  Solicitor Robert Iannozzi, Esquire suggested that the record be kept open and the public hearing continued to April 9, 2018. The public hearing was continued at 9:50 p.m. until the April 9, 2018 Board of Supervisors meeting. 

            The Board next considered the request of ProReal Ventures LLC – Shine Time Car Wash at DeKalb Pike and Welsh Road for a waiver from the requirements of Section 230-78B of the Township Zoning Code. Kimberly Freimuth, Esquire stated that the applicant is requesting a waiver to reduce the required 25 foot planning area if the side or rear boundary lines abuts commercial or industrial uses or zoning districts.  She advised that the applicant had submitted a landscape plan in support of this request late Friday before the hearing. Supervisor Matthew Quigg recommended that the Board consider tabling the request to the April 9, 2018 meeting as well so that the Township Landscape Architect, Boucher and James, can review the plan submitted and provide a report with a recommendation on the request to the Board for the April 9, 2018 meeting.

            A motion to approve the payment of bills was made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford, and adopted unanimously, approving the payment of bills as submitted.

            Under Other Business, Chairman Candyce Fluehr Chimera reported that the Township has received a request for a liquor license transfer for Firebirds of North Wales, LLC for 1210 Bethlehem Pike, Gwynedd Crossing Shopping Center.  This is an intermunicipal transfer of a liquor license and it is required that a public hearing be held on the application.  Resolution #5 made by Chairman Candyce Fluehr Chimera, seconded by Vice Chairman Michael J. Fox and adopted unanimously, set Monday, April 23, 2018, after 8:00 p.m., in the Township Building, as the date, time and place for a Public Hearing for an Intermunicipal Liquor License Transfer for Firebirds of North Wales, LLC to be located at 1210 Bethlehem Pike.

            There being no further business to come before the Board, the meeting adjourned at 9:56 p.m.