MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
AUGUST 27, 2018
At 7:30 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, Director of Planning and Zoning Bruce Shoupe and Township Solicitor Frank R. Bartle, Esquire.
Chairman Candyce Fluehr Chimera called the action meeting to order at 8:08 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 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, Recreation Program Supervisor Derek Muller, 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 and there was none.
Solicitor Frank R. Bartle, Esquire announced that the Board had met in an executive session at 7:30 p.m. this evening to discuss the Cutler Development which is a matter of potential ligation. The Board also discussed the litigation matter of the Lear Zoning Hearing Board appeal for 1079 Horsham Road. This matter is regarding Montgomery Township and the Montgomery Township Zoning Hearing Board. In addition, the Board discussed four new Zoning Hearing Board applications, Target Corporation property at 125 Witchwood Drive, Xfinity at 782 Bethlehem Pike, Kane property at 243 Twining Road and Earle property at 115 Embassy Drive. 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 August 13, 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 Recreation and Community Center Floyd Shaffer introduced the Township’s Recreation Program Supervisor, Derek Muller, who reported on the new Recreation Fall 2018 Activity/Program/Special Event opportunities available to all. Mr. Muller stated that the Recreation Department will be offering many programs this fall which will provide activities for all ages from Pre-School programs to Senior programs. Mr. Muller reported new offerings this fall include Tiny Tykes basketball for ages 4 to 6 and soccer programs for ages 2 through 7 to be held at the Community Center. In addition, there will be an Introduction to Performing Arts Class for ages 8 to 12, Mini Tennis program for ages 4 to 10, new School’s Out Days, Community CPR training and a Senior Holiday Party. All of the popular fitness classes are returning as well as the usual favorite Special Events such as Breakfast with Santa, Princess Breakfast Party, Pumpkin Painting & Decorating Workshop and Gingerbread House Decorating Workshop. The Autumn Festival returns this year to the popular location of Windlestrae Park on Saturday, October 6, 2018 from 12:00pm to 5:00pm. Vice Chairman Michael J. Fox commented on the variety of programs and how pleased he was to see the many activities offered to people of all ages. Supervisor Fox stated this was the goal of the Community center all along, to provide opportunities to residents of all ages. Supervisor Matthew Quigg stated that he was very pleased to see so many new program offerings, especially the Introduction to Performing Arts class, which Mr. Muller had indicated would be one of the programs he wanted to offer when the Township hired him for his position.
Assistant to the Township Manager Stacy Crandell reported that the Delaware Valley Regional Planning Commission (DVRPC) is assembling a second phase of the Regional Streetlight Procurement Program (RSLPP) in order to put together the resources needed to design, procure, and finance the transition to LED street lighting. On July 23, 2018, the Board gave approval to proceed with the initial Letter of Intent and the $5,000 upfront cost. The Township has now been notified by DVRPC that they were removing the upfront service fee of $5,000. The DVRPC will be shifting to an all service fee structure which will be 5% for Engineering/Investment Grade Audit (average fee is expected to be $875 per municipality) and up to 3% for construction (average fee is expected to be $6,000 per municipality at the 3% level). The benefit of the new pricing structure is that the Township will receive a preliminary audit/feasibility study for free. This study will allow each municipality to evaluate estimated project scope, cost and payback and will be able to better model expected program fees if the Township decides to enter into the contract for the Investment Grade Audit. Resolution #1 made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the Township staff to submit the amended Letter of Intent to participate in the preliminary steps for the DVRPC Regional Streetlight Procurement Program.
Assistant to the Township Manager Stacy Crandell reported that the Police Department has been reviewing traffic ordinances to make sure that all the information is accurate and up to date. After review of Chapter 222, Article II, Section 222-17 (Weight Limits: Penalty), it was determined that the language on the bridge weight restrictions needed to be amended. Currently the ordinance states tractor trailer combinations when it should reflect “All” truck combinations and not just tractor trailers. Resolution #3 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved and adopted Ordinance #18-307 – Amending Language on Bridge Weight Restrictions.
Assistant to the Township Manager Stacy Crandell reported that the Police Department has received numerous complaints of vehicles parked on the side of the road on Regency Drive between Hartman Road and Drake Lane. After following up on the complaint, the Police Department determined that it was a safety issue and that parking should be prohibited. This will also assist the Township with plowing efforts during the winter. Resolution #3 made by Supervisor Tanya C. Bamford, seconded by Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the advertisement of Proposed Ordinance #18-308 – Amending Code to Prohibit Parking – Regency Drive between Hartman Road and Drake Lane for consideration and adoption at the Board of Supervisors meeting to be held on Monday, September 10, 2018 after 8:00pm in the Township building.
Director of Planning and Zoning Bruce Shoupe reported that the Township received and opened bids for the Ash Tree Removal in the Zehr Section of Windlestrae, Friendship Park and Gwynedd Lea Open Space areas on August 15, 2018. Seven (7) bids were received ranging in cost from $77,444.00 to $196,400.00. The bid documents received were reviewed for completeness and it was determined that the lowest bidder ($77,444.00) submitted an incomplete bid package which does not qualify for award of the contract as the lowest responsible bidder meeting the bid requirements. The next lowest qualified bid was more than $72,000.00 higher. It was recommended that the bids be rejected and the Township Manager be authorized to rebid the project for a bid opening in September 2018. Resolution #4 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, rejected all bids received for the Ash Tree Removal Project and authorized the Township Manager to rebid the project for a bid opening on September 18, 2018,
Director of Planning and Zoning Bruce Shoupe reported that the approved 2018 Shade Tree Commission Budget includes a Spring planting project for the Korean War Memorial Landscaping in the amount of $6,000. This project has been put on hold and in the alterative, the Commission would like to install (16) replacement shade trees on Township owned Open Space land. Two quotes were obtained from five contractors who were contacted. A total of $28,500 has been allocated in the 2018 Shade Tree Commission Budget for the Spring and Fall Planting Projects, with a balance of $11,801 remaining. Resolution #5 made by Supervisor Tanya C. Bamford, seconded by Vice Chairman Michael J. Fox and adopted unanimously, approved the contract for the replacement of 16 shade trees on Township Owned Open Space along Gwynedd Lea Drive and Green Tree Tavern Road in the amount of $9,520.00 to All Seasons Landscaping of Aston, PA.
Resolution #6 made by Chairman Candyce Fluehr Chimera, seconded by Vice Chairman Michael J. Fox and adopted unanimously, approved the waiver of a permit fee for a special event for the Bharatiya Temple Ganesh Festival, which will be held on September 12 to September 23, 2018.
Director of Planning and Zoning Bruce Shoupe reported that an application for a final subdivision land development plan, LDS #697, was received by Water Tower Square Associates for a satellite use for Miller’s Ale House. The plan proposes to construct a new 7,302 square foot freestanding restaurant at the Water Tower Square Shopping Center. The Board of Supervisors granted Conditional Use approval and a Liquor License Transfer for Miller’s Ale House on June 25, 2018. The written Decision and Order for the Conditional Use approval was issued on July 23, 2018. Andrew Freimuth, Esquire, representing the applicant, Water Tower Square Associates, introduced representatives, Robert Freedman, Esquire and John Livingston, and engineer, Brian Conlan, P.E. of Langan Engineering. Mr. Freimuth stated that the final resolution has been received and reviewed by the applicant and the conditions are all agreeable. Resolution #7 made by Chairman Candyce Fluehr Chimera, seconded by Vice Chairman Michael J. Fox and adopted unanimously, approved the Preliminary/Final Subdivision Land Development Plan for Water Tower Square Satellite Use for Miller’s Ale House – LDS #697.
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 made a motion to appeal on behalf of the Township, the Zoning Hearing Board matter of Christopher Lear, authorizing the Township Solicitor to enter an appearance on behalf of the Township and present the case in opposition to the relief granted. The motion was seconded by Supervisor Matthew W. Quigg and adopted unanimously.
There being no further business to come before the Board, the meeting adjourned at 8:34 p.m.