Montgomery Township, Pennsylvania

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04-09-2018 - Board of Supervisors Minutes



APRIL 9, 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 Frank R. Bartle, 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 Frank R. Bartle, 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, Public Information Coordinator Kelsey Whalen 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, residents of the Montgomery Preserve development came before the Board of Supervisors to discuss their ongoing concerns with regard to their unfinished development and lack of action on the part of developer David Cutler to complete the project as promised.  Residents who spoke on behalf of the neighbors were Tom Harker of 130 Bayhill Drive, Lisa Samaha of 105 Bayhill Drive, Lea Stein of 128 Bayhill Drive, and Joe Berstein of 112 Bayhill Drive.  Comments were made regarding concerns about the paving, caps coming off the water main valve during snow plowing, incomplete landscaping, piles of trash, wood and pieces of pipe, lack of concrete monuments or pins placed for properties, dead trees, unfinished streetlights, dug up side yards and unfinished driveways.  The residents stated that they believe that Mr. Cutler is not coming back to finish anything, there will be no negotiations because he will not do anything else to the development.  The residents just want their development finished and made to look like a normal neighborhood.  The Board of Supervisors and Township Solicitor Frank Bartle, Esquire explained that the efforts being undertaken by the Township to have the Cutler Group complete all unfinished improvement items as identified on the approved development plans and the engineers punch lists. The Board of Supervisors will be meeting in an executive session on Monday, April 16, 2018 to discuss this matter and make a final determination on what actions they wish to make going forward.  The Board asked the residents to give them a week to attempt to solve as much of this situation as possible as the Board will plan to take action on April 23, 2018.

            Solicitor Frank Bartle, Esquire announced that the Board had met in an executive session prior to this meeting and discussed a collective bargaining issue, two personnel matters and a matter of potential litigation which is the Cutler Development matter previously discussed. Mr. Bartle 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 26, 2018 Board of Supervisors meeting, and Supervisor Tanya C. Bamford seconded the motion.  The minutes of the meeting were unanimously approved as submitted.

Public Information Coordinator Kelsey Whalen reported that Montgomery Township is celebrating Local Government Week from April 9, 2018 to April 13, 2018. The event will bring area school children to the Township Building for outside demonstrations by the Fire Department, Public Works Department, Sewer Authority and Volunteer Medical Services of Lansdale. The students will also get a tour of the Police Department and learn about the Township’s Government Activities.  The Board is requested to recognize students from Montgomery Elementary and Bridle Path Elementary for taking an active role in learning more about the Township and how students can become further involved residents.  Resolution #1, made by Supervisor Tanya C. Bamford, seconded by Vice Chairman Michael J. Fox and adopted unanimously, recognized and honored Local Government Week and area elementary schools, Montgomery Elementary and Bridle Path Elementary, for sponsoring student government programs and for their commitment to developing the leaders of the future.

            Police Chief J. Scott Bendig announced that on April 14, 2018 from 10:30 a.m. to 2:30 p.m., the Montgomery Township Police Department will be hosting Emergency Services Day at the Montgomery Mall.  This free annual indoor event, held in the Macy’s Courtyard, gives the general public the opportunity to interact with police, fire and emergency medical service professionals from throughout Montgomery and Bucks Counties.  The event will include giveaways, displays, canine demonstrations, and child fingerprinting.  Members of the general public are encouraged to stop by and visit. 

            Assistant to the Township Manager Stacy Crandell announced the Township’s spring 2018 Curbside Leaf Waste Collection.  In compliance with DEP regulations, the Township contracts with Advanced Disposal, Inc. to provide curbside leaf and yard waste collection twice a year in the fall and the spring from residential properties in the Township.  The spring 2018 curbside leaf and yard waste collection is scheduled for Saturday, April 21, 2018.  To participate, 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.  In addition to the curbside collection, the Township conducts a monthly leaf and yard waste drop off collection at William F. Maule Park at Windlestrae from 8:00 a.m. to noon.  This drop off occurs monthly on the third Saturday of every month.

            Director of Public Works Kevin Costello reported that the approved 2018 Capital Budget included funding to replace HVAC Units #6 and #8 for the Administration/Police Building at a cost of $17,176.00.  These units were originally installed when the facility was built in 1995 and the equipment has a general life cycle of 20 – 25 years.  In anticipation of the need for replacement, funding had been set aside since 2009 in the Capital Reserve Fund to replace these units in 2018 and subsequently all the remaining units (10 total) as they reach the end of their life cycles.  Resolution #2 made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the contract for the purchase and installation of two Carrier HVAC units to be installed at the Administration/Police Building by Scatton’s Heating and Cooling, Inc. for a total projected cost of $17,176.00.

            Township Manager Lawrence J. Gregan reported that the Township built the Spray Park and Accessible Playground in conjunction with the construction of the Community and Recreation Center, which opened in October 2015.  The Spray Park has proven to be a popular amenity during the summer months and the opening for the summer 2018 season is scheduled for Memorial Day weekend.  During the course of the use of the spray park, Township staff identified a drainage problem within the parks spray field drainage area.  The water used in the spray park is collected, recirculated and treated for reuse through an underground drainage system but at one location water was draining out of the spray field.  Township Engineer, Gilmore and Associates, investigated and discovered that the slope of the concrete did not provide for the entire spray field to drain to the underground system.  As a result, some of the water from the spray field was running off the site, affecting the adjacent walking trail and landscaping.  Three quotes were obtained and the lowest quote was received from Cosimo Riccioli & Sons at a cost of $14,897.00.  The Township proposes to engage the contractor as soon as possible to ensure completion of the concrete repairs before the opening of the Spray Park on Memorial Day weekend.  Resolution #3 made by Supervisor Tanya C. Bamford, seconded by Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the Township to contact with Cosimo Riccioli & Sons in the amount of $14,897.00 to perform the concrete repairs at the Spray Park. 

            At 9:10 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.  Township Solicitor Frank Bartle, Esquire reported that the Board of Supervisors has received a request from the developer’s counsel, Kim Friemuth, Esquire, to continue the hearing this evening.  Ms. Friemuth has also granted a waiver of the time limitations Board action on the application required by the Pennsylvania Municipalities Planning Code.  As the hearing is open, Mr. Bartle inquired if there was a motion from the Board to continue the hearing to April 23, 2018 after 8:00 p.m. and accept the waiver of time. Vice Chairman Michael J. Fox made a motion, seconded by Supervisor Matthew W. Quigg and adopted unanimously, to continue to the hearing to April 23, 2018 after 8:00 p.m. and accept the waiver of time.

            In addition, the Board also agreed to continue the consideration of 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 to the next meeting on April 23, 2018 after 8:00 p.m. 

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

            There being no further business to come before the Board, the meeting adjourned at 9:12 p.m.