Montgomery Township, Pennsylvania

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10-22-2018- Board of Supervisors Minutes

MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

OCTOBER 22, 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 8:00 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 Manager Lawrence J. Gregan, 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 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.   

            William Kane, 243 Twining Road, addressed the Board about his recent zoning hearing board case regarding the fencing and trellis at his residence.  He gave a history regarding landscaping that had been in place along the side of his property and the back of 110 Canterbury Lane, which was planted by previous owners of 110 Canterbury Lane. He explained that after a snowstorm, the trees fell down and never recovered.  He stated that this created a safety hazard for his children and a potential hazard to his home.  After talking to his neighbor, they agreed to remove the damaged trees.  Mr. Kane explained that with the removal of the trees, this created the need for the fence and the trellis as the properties are less than 30 feet apart and sit perpendicular to each other.  He stated that his fencing and trellis does not create any obstructed views and does not have any adverse effect to public health, safety, or welfare of any residents or visitors to the Township.  He also stated that he has received support from nineteen of his neighbors, eight of whom attended the Zoning Hearing Board meeting.  He is asking that the Township not appeal the Zoning Hearing Board decision. 

Raj Thota, 213 Harley Court in the Montgomery Knoll development came in to thank the Board of Supervisors for getting the developer to finish the road paving improvements in their development. He inquired about the status of some outstanding safety items including the streetlights on Enclave Blvd. and sidewalks connecting to Friendship Park.  He noted that currently they have to walk in the street to get to the park and expressed concern about the speed of the traffic on Enclave Blvd.  Vice-Chairman Michael J. Fox and Township Manager Lawrence J. Gregan stated that Township pulled the Letters of Credits from Cutler and are in the process of prioritizing the items that need to be completed.  The Township will focus on the safety items first.  Police Chief Bendig advised that he would have the Traffic Safety Unit review the issue of speeding on Enclave Blvd. 

            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 two matters of litigation, which includes Zoning Hearing Board Case of Miller’s Ale House and Zoning Hearing Board Case of William Kane, 243 Twining Road.   In addition, the Board discussed one personnel matter.  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 October 9, 2018 Board of Supervisors meeting with the one change to public comment portion of the minutes, and Supervisor Tanya C. Bamford seconded the motion.  The minutes of the meeting were unanimously approved as amended per the one revision.

            Director of Public Works, Kevin Costello reported the Township has participated in the Montgomery County Consortium Salt Contract that is administered by Upper Dublin Township. It has been the Township’s experience that the cost per ton through the Consortium Bid has been lower than administering our own bid and saves the cost of advertising. The Consortium recently completed the public bidding process for the purchase of bulk salt for the 2018 – 2019 winter season and has awarded the contract to Morton Salt Inc., at a price of $49.42 per ton delivered.   Resolution #1 made by Vice-Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the Township’s participation in the Montgomery County Consortium Salt Contract for 2018 – 2019 for the purchase of rock salt from Morton Salt Inc. of Chicago Illinois, at a price of $49.42 per ton delivered.

Township Manager Lawrence J. Gregan reported that PennDOT’s design for the improvements to the Five Points Intersection will require the relocation of five existing street lights and the addition of seven new street lights to meet both PennDOT’s and the Township’s Street Light Illumination Standards.  Traffic Planning and Design, Inc., the Townships traffic and lighting engineer has provided a proposal to prepare the necessary plans and bid documents for this work at a cost of $18,500.  .  Resolution #2 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, accepted the proposal from Traffic Planning and Design, Inc. to prepare the Five Points Intersection Lighting Plans and Bid Docs Street Lighting Plan per their Professional Services Agreement – Letter of Engagement dated August 14, 2018 at a cost of $18,500.

Finance Director Ami Tarburton reported that the auditing/accounting firm of Maillie, LLP has submitted a proposal to prepare the Audited Financial Statements for the period ending December 31, 2018, 2019, and 2020 at a cost of $25,000, $25,500, and $26,000 respectively for the Township; $3,600, $3,700, and $3,700 respectively for the FDMT; and $4,050, $4,100, and $4,100 respectively for the FDMTRA.  Maillie, LLP has previously performed the audit services and has provided excellent service, responds promptly to all questions and provides accurate and professional final reports. 

Resolution #3 made by Vice-Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg, and adopted unanimously, accepted the proposal from Maillie, LLP to perform the annual audits of the financial statements of the Township, Fire Department of Montgomery Township, and the Fire Department of Montgomery Township Relief Association for the period ending December 31, 2018, 2019, and 2020, at an annual cost of $32,650, $33,300, and $33,800..

Director of Fire Services Richard Lesniak reported the Montgomery Township Department of Fire Services (DFS) and Fire Department of Montgomery Township (FDMT) are requesting Board of Supervisor’s approval to submit applications through the Pennsylvania State Fire Commissioner’s Office annual Volunteer Firefighter/ Volunteer Ambulance Service Grant program. Each grant application will be approximately $15,000.00.  The DFS and FDMT intend to use this funding to purchase a fire hose, personal protective equipment, and battery operated combination tool rescue equipment. Resolution #4 made by Vice-Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford, and adopted unanimously, granted approval to the DFS and FDMT to submit applications to the PA Fire Commissioners Volunteer Firefighter / Ambulance Service Grant program for the purchase of a fire hose, personal protective equipment, and battery operated combination tool rescue equipment.

Vice-Chairman Michael J. Fox recognized State Representative Todd Stephens and members of Korean War Memorial and Peace Park Committee.  Representative Stephens thanked the Board of Supervisors for their support of the Korean War Memorial and Peace Memorial Park by permitting the memorial to be located at the Township’s Memorial Grove Park.   With their support, the Committee received a $240,000 state grant to help construct the memorial to honor the American and Korean Armed Services Members who fought in this conflict.  Committee members Bong Pil Yang, Roy Rodriguez, and Young Jae Lee also expressed their appreciation for the Township’s support.     

Director of Planning and Zoning Bruce Shoupe reported the Emerald Ash Borer (EAB) is an invasive forest insect from Asia responsible for the deaths of millions of ash trees throughout the eastern half of the U. S. and Canada, including areas of Township Parks and Open Space Areas. The Township, with the assistance of arborist Curt Eshleman, has identified high risk trees on Township properties along property lines, trails, roads and sidewalks that have died and posed a potential threat of falling and causing property damage and/or injury.  Approximately 295 such trees have been identified in the Zehr Section of Windlestrae Park, 50 trees along Enclave Blvd adjacent to Friendship Park and 78 trees in the Gwynedd Lea Open Space Area for a total count of 420 +/- trees that have died and need to be cut down.

Bid documents have been prepared and reviewed by the Township’s Solicitor, Landscape Consultant, Curt Eshleman, and DVIT. The work under this contract includes the furnishing of all labor, materials and equipment necessary and incidental for the falling of trees to within 12 inches or less of ground level and no material is to be left in any watercourse.

 Resolution #5 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized the Township Manager to obtain bids for the Ash Tree Removal Project at the Main Section of Windlestrae Park, Rose Twig Park and Memorial Grove Open Space Area.

Director of Planning and Zoning Bruce Shoupe reported on September 234, 2018,  Henderson Partnership was granted Conditional Use approval to allow RedLine Athletics Youth Athletic Training Center to occupy 10,000 sf of tenant space at 101 Commerce Drive.  Pursuant to the MPC, the Solicitor has prepared a formal written decision and order memorializing the Board’s granting the requested Conditional Use.

Resolution #6 made by Vice-Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the Decision and Order regarding the Conditional Use application of Henderson Partnership, to allow Redline Athletics Youth Athletic Center to occupy 10,000 sf of tenant space at 101 Commerce Drive, which is zoned I-Industrial, which is permitted by Conditional Use.

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.

Vice-Chairman Michael J. Fox made the request to consider a motion to authorize the Township Solicitor to intervene on the behalf of the Township in the Zoning Hearing Board matter of Miller’s Ale House.  Resolution #7 was made by Vice Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously. 

Vice-Chairman Michael J. Fox made the request to grant the petition of ASI Technologies, Inc. for an Appeal and Refund of the Township’s Business Privilege Tax, to recognize ASI Technologies, Inc. as an exempt manufacturer and to refund taxes paid for the years 2015-2018 in the amount of $15,558.22.  Resolution #8 was made by Supervisor Tanya C. Bamford, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously.

            There being no further business to come before the Board, the meeting adjourned at 8:43 p.m.