Montgomery Township, Pennsylvania

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09-24-2018 - Board of Supervisors Minutes

MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

SEPTEMBER 24, 2018

 

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

            Vice-Chairman Michael J. Fox called the action meeting to order at 8:02 p.m.  In attendance were Supervisors Tanya C. Bamford, Jeffrey W. McDonnell and Matthew W. Quigg. Chairman Candyce Fluehr Chimera was absent. Also in attendance were Township Solicitor Frank Bartle, 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 Planning and Zoning Bruce Shoupe, 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, Vice-Chairman Michael J. Fox called for public comment from the audience and there was none. 

            Solicitor Frank Bartle, 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 four matters of litigation, which include the following Zoning Hearing Board cases: 106 Hampton Circle, 243 Twining Road, and Target-125 Witchwood Drive. The last matter of litigation was the Montgomery County Court of Common Pleas case of Roque vs. Montgomery Township, which was terminated.  In addition, the Board discussed two personnel matters.  Mr. Bartle stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.

            Vice-Chairman Michael J. Fox made a motion to approve the minutes of the September 10, 2018 Board of Supervisors meeting, and Supervisor Tanya C. Bamford seconded the motion.  The minutes of the meeting were unanimously approved as submitted.

            At 8:04 p.m., Vice-Chairman Michael J. Fox opened a Public Hearing for a Conditional Use Application, #C-70, for Henderson Partnership – Redline Athletics Youth Athletic Training Center at 101 Commerce Drive.  Notes of testimony were taken by Court Stenographer Tim Kurek. Director of Planning and Zoning Bruce Shoupe reported that an application was received for a conditional use from Henderson Partnership to allow Redline Athletics Youth Athletic Training Center to occupy 10,000 square feet of tenant space at 101 Commerce Drive. The property is currently zoned I-Industrial and is occupied by Lymphacare (durable medical goods) (4,000 square feet) and Master Tech Automotive Repair (6,000 square feet). Township Solicitor Frank Bartle, Esquire introduced the Township exhibits into the record and Robert Sebia, Esquire, the attorney representing the Henderson Partnership, applicant, presented the case for the conditional use. Rolland H. Henderson was also present. There being no additional public comment on the application, the hearing closed at 8:14 p.m.  Resolution #1 made by Vice-Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approved the Conditional Use Application for Henderson Partnership, Redline Athletics Youth Athletics Training subject to compliance with all application Conditional Use review letters.

            Director of Fire Services Richard Lesniak announced the national observance of Fire Prevention Week 2018 will be held October 7th through October 13th. This year’s theme is “Look. Listen. Learn.  Be aware.  Fire can happen anywhere”. On Monday, October 8th, the Department will be hosting an open house at Wegmans Supermarket from 4:30 p.m. to 8:00 p.m.  Members of the Department will be displaying the apparatus and distributing public education materials.  In addition, during the month of October, the Department will be conducting fire drills, fire safety inspections and fire prevention talks at all schools, day care centers, health care facilities and hotels. Resolution #2 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, recognized October 7 through October 13, 2018 as Fire Prevention Week. 

Director of Fire Services Richard Lesniak reported that Firefighter Robert Hedden currently holds three certifications in the Commonwealth of Pennsylvania and his certification is due to expire in 2019. Firefighter Hedden is requesting approval to take two courses to satisfy 32 of his required 45 Continuing Education credits.  The courses are being offered through the New Jersey Department of Community Affairs at The Inn at Lambertville Station, Lambertville, NJ.  The courses are offered free of charge.  The course titles are “Premanufactured Construction” and “Hotels and the Uniform Construction Code”. Resolution #3 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized Firefighter Robert Hedden to attend the courses on November 14 and November 15, 2018, respectively, both at The Inn at Lambertville Station, Lambertville, NJ. 

Director of Public Works Kevin Costello reported that Township Public Works Department has two vehicles ready to be sold at auction, a 1987 Six Wheel Dump Truck and a Portable Hetra Truck Lift.  Resolution #4 made by Vice-Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the sale of a Portable Truck Lift, 60,000 lb. capacity with a 3 phase roto converter and a 1987 International Dump Truck with a GVW Rating of 35,000 lbs. VIN #1TTLDTVR4HHA13105 equipped with an eleven foot reversible plow, salt spreader and a tailgate pre-wet system via online auction through Municibid.

            Director of Planning and Zoning Bruce Shoupe and Curt Eshleman, Timberlink Consulting provided an update on the ash tree removal project.  Bruce Shoupe recommended the Board accept the proposal from Curt Eshleman, Certified Forester, Timberlink Consulting LLC to renew the professional service agreement for additional risk assessment of the ash tree resources located in the Township. Resolution #5 made by Vice-Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, accepted the proposal from Curt Eshleman, Certified Forester, Timberlink Consulting LLC, dated August 21, 2018, to perform a risk assessment of the ash tree resources located in various areas of the Township’s park and open space properties for damage as a result of the Emerald Ash Borer at the hourly rate of $75.00 per hour effective on or after January 1, 2019 not to exceed a total amount of $7,500.

            Director of Planning and Zoning Bruce Shoupe reported that the bids for the Dead and Diseased Ash Tree Removal Program for Zehr at Windlestrae, Gwynedd Lea Open Space and Friendship Park were opened on September 18, 2018.  Five bids were received and they ranged in cost from $73,500 to $196,400.  Resolution #6 made by Vice-Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the Township Manager to award the bid for the Dead and Diseased Ash Tree Removal Program – Zehr at Windlestrae, Gwynedd Lea Open Space, and Friendship Park as submitted to Clauser Tree Care & Landscaping, LLC in the amount of $73,500. 

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.   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 #7 made by, Vice-Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the advertisement of Proposed Ordinance #18-309- Approving an Extension to Participate in the Intergovernmental Cooperation Agreement- Wissahickon Clean Water Partnership Alternative TMDL for consideration and adoption at the Board of Supervisors Meeting to be held on Tuesday, October 9, 2018 after 8:00pm.     

Assistant to the Township Manager Stacy Crandell reported that the Township has non-permanent records for disposal in accordance with the Municipal Records Manual dated December 16, 2008 (amended July 23, 2009).  Resolution #8 made by, Vice-Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the disposition of the public records as listed in the attachment in accordance with the cited Retention and Disposition Schedule for Records of Pennsylvania Municipal Governments.              Director of Administration and Human Resources Ann Shade reported three adjustments to the Township’s retirement plan which include: 

  • In a detailed review of the 401(a) Money Purchase Pension (MPP) Plan document, offered to non-uniformed employees, it was found that the definition of a "Year of Service", which specifies eligibility for participation in the Plan, included employees who were credited with at least 1,000 hours in a 12-month period. Benefits Consultant Group (BCG), administrator for the 401(a) MPP Plan, has amended the Plan documents to adjust the definition of "Year of Service" to make the eligibility criteria consistent with criteria for the Affordable Care Act (ACA) eligibility.  With adoption of this change, employees must be credited with at least 1,560 hours of service in a 12-month period to become eligible for the Plan.  Those who had previously met eligibility requirements will continue to participate in the Plan, and because of contractual obligations, Fire Fighters will remain under the 1,000 hour requirement.
  • In order to manage administrative costs for the 401(a) MPP Plan, an amendment has been prepared to initiate an automatic distribution from the plan for terminated employees who have an account balance under $5,000. If the employee does not indicate the form of distribution (either rollover or direct), the Plan will automatically roll over the employee distribution to an Individual Retirement Account (IRA).
  • In order to implement the automatic distribution amendment to the 401(a) plan, BCG has

prepared an Automatic Rollover Services Agreement to establish a custodian, Millennium Trust Company, to open and maintain the IRA's for the automatic distributions as detailed in #2 above.

Resolution #9 made by, Vice-Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized execution of the amended 401(a) Money Purchase Pension Plan and Summary Plan Description documents and authorize execution of the Automatic Rollover Services Agreement.

Chief of Police Scott Bendig reported that on September 9, 2018, a Montgomery Township Police vehicle stopped in traffic was struck from behind by another vehicle. The vehicle, a 2017 Ford Police Interceptor SUV, was deemed a total loss by the Township’s insurance carrier. This vehicle was purchased by the Township in February of 2017 and placed in service later that year. The vehicle had 10,359 miles at the time of the accident. At this time, the Police Department is requesting authorization to replace this vehicle with a 2018 Ford Utility Police Interceptor. As this will be an unbudgeted expenditure, additional funding will be needed.  Resolution #10 made by, Vice-Chairman Michael J. Fox, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously, awarded the contract for the purchase of a police vehicle to Fred Beans Ford, an authorized vendor under Cooperative Purchasing Programs at the cost of $29,177.00 and authorize a supplemental appropriation of $10,686.00 for the replacement vehicle and equipment.  

Resolution #11 made by, Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized a construction escrow release in the amount of $464,638.99, as recommended by the Township Engineer for the Firefox project.

Resolution#12 made by, Vice-Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized a construction escrow release in the amount of $8,160.00, as recommended by the Township Engineer for the Joseph Ambler Inn project.

A motion to approve the payment of bills was made by Vice-Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford, and adopted unanimously, approving the payment of bills as submitted.

            Under other business, Vice-Chairman Michael J. Fox announced the sudden passing of Business Development Partnership Member and Montgomery Mall Manager Jack Fazio.  Mr. Fazio had been a member of the Business Development Partnership since August of 2013.  Vice-Chairman Fox expressed that he will be missed and extended condolences to his family. 

            There being no further business to come before the Board, the meeting adjourned at 8:52 p.m.