Montgomery Township, Pennsylvania

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05-13-2019 - Board of Supervisors Minutes

MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

MAY 13, 2019

 

            At 6:00p.m. Chairman Michael J. Fox called to order the Executive Session. In attendance were Vice-Chairman Candyce Fluehr Chimera, and Supervisors Jeffrey W. McDonnell, Tanya C. Bamford and Matthew W. Quigg. Also in attendance was Township Manager Lawrence J. Gregan, and Township Solicitor Frank Bartle, Esquire.

            Chairman Michael J. Fox called the action meeting to order at 7:03 p.m. In attendance were Vice-Chairman Candyce Fluehr Chimera and Supervisors Jeffrey W. McDonnell, Tanya C. Bamford and Matthew W. Quigg. Also in attendance were Township Solicitor Frank Bartle, Esquire, Township Manager Lawrence Gregan, Police Chief Scott Bendig, Director of Administration & HR 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, Recording Secretary Deborah Rivas, Director of Information Technology Richard Grier and Public Information Coordinator Kelsey Whalen.

            Following the Pledge of Allegiance, 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 prior to this meeting at 6:00 p.m., in the room adjacent to this one, and made a decision on Business Privilege Tax Matter and under Local Enabling Tax and pursuant to Tax Law, which decision must remain confidential, and three personnel matters. Mr. Bartle stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.

            Chairman Michael J. Fox made a motion to approve the minutes of the April 22, 2019 Board of Supervisors meeting, and Supervisor Tanya C. Bamford seconded the motion. The minutes of the meeting were unanimously approved as submitted.

            Director of Planning and Zoning Bruce Shoupe reported that it has been the policy of the Board of Supervisors to waive permit fees for non-profit and religious organizations. The Township has received an annual request from Bridal Path Cub Scout Pack #229 to waive the $50 special event permit fee and the $125 Park and Facility rental fees for their annual Father’s Day Rocket Launch Event at Spring Valley Park to be held on June 9, 2019 with a rain date of June 16, 2019. Several of the Scout members were present and introduced themselves to the Board. Resolution #1 made by Chairman Michael J. Fox, seconded by Vice-Chairman Candyce Fluehr Chimera and adopted unanimously, Cub Scout Pack 229 to conduct its Annual Father’s Day Rocket Launch at Spring Valley Park on Sunday, June 9, 2019 (rain date of June 16, 2019) from 11:00am until 4:00pm and also waived the permit fee for the rocket launch.

            Chief of Police J. Scott Bendig presented the resolution to recognize the week of May 12th – May 18th as National Police Week. Police Week pays special recognition to law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. Chief Bendig reported that this is a significant week in our community as Montgomery Township Police Officer David Hancock lost his life on December 11, 1976, while protecting the citizens of Montgomery Township. Resolution#2 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, recognized May 12th to May 18th as National Police Week.

            In recognition of outstanding performance by Department Officers in the Line of Duty, Lieutenant Gerry Dougherty presented the following police commendations:

Official Commendation - Unit Citation – Officer Joseph McGuigan, Officer John Rushin, Officer Craig Scully

On September 23, 2018, officers responded to a home in the 600 block of Stream View Drive for a building fire. The resident of the home advised the 911 dispatcher that there was a fire in her living room and that she was unable to evacuate the home due to her disability. Officer John Rushin arrived in less than two minutes and observed smoke coming from the home. Officer Rushin made entry to the home and was met with heavy smoke and fire just inside the threshold. Officer Rushin called out to the resident, making voice contact, but could not see the resident through the smoke. Officers Rushin, Scully, and McGuigan then entered the home, having to crawl to locate the resident. Upon reaching the resident, she was disoriented and resisted officer’s efforts to remove her from the burning home. Officers Rushin and Scully were forced to stand up to carry the resident to safety, sustaining smoke inhalation in the process. Once removed from the home the resident was transported to Lansdale Hospital for treatment. The resident has since fully recovered.

 

Letter of Official Commendation – Detective Sergeant Glenn Davis, Detective Todd Walter, Officer Jason English

On October 5, 2018, Officer Jason English conducted a traffic stop of a vehicle for a headlight violation. During Officer English’s interaction with the driver and passenger, he noted their nervous behavior and conflicting statements. During the interaction, the passenger provided an identification card from North Carolina. Officer English noted that the information displayed on the identification card was inconsistent with the information provided by the North Carolina Division of Motor Vehicles. When confronted with the inconsistencies, the passenger was unwavering. Officer English utilized the department’s mobile fingerprint scanner to confirm the identity of the passenger. It was determined that the passenger was providing false information to officers and was wanted for a homicide in DeKalb County, Georgia. Consent was obtained to search the vehicle. Located inside the vehicle were drugs, packaging material, blank credit cards, and equipment used to manufacture fraudulent state identification cards, including license holograms from states along the east coast. Both the passenger and driver were arrested and charged with fraud related offenses and violations of the Drug Act.

 

Detective Sergeant Davis and Detective Walter furthered the investigation by obtaining search warrants for phones, computers, and financial records related to the evidence seized from the subjects. Over fifty victims of identity theft and over one-hundred fraudulent credit card transactions were identified. Both subjects have since pled guilty to drug and fraud offenses and are awaiting sentencing.  

Resolution #3 made by Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, recognized and commended these law enforcement personnel for their outstanding performances in the line of duty.  

            Director of Public Works Kevin Costello presented a resolution to recognize National Public Works Week during the week of May 19 through May 25, 2019. The theme for this year’s week is “It Starts Here.” Resolution #4 made by Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, recognized National Public Works Week.

            Assistant to the Township Manager Stacy Crandell reported that the Township is working on finalizing the design of the Powerline Trail Connector Project Phase 1 which will connect the Route 202 Parkway Trail to the Community and Recreation Center. The Township received funding through the Transportation Set-Aside Program and in order to be reimbursed with the grant funding for construction, the Township needs to enter into an Reimbursement Agreement with PennDOT. Resolution #5 made by Chairman Michael J. Fox, seconded by Vice-Chairman Candyce Fluehr Chimera and adopted unanimously, authorizes and directs the Assistant to the Township Manager or Township Manager to execute the required documentations and all related documents for the Reimbursement Agreement for the funding for the Powerline Trail Connector Project Phase1.

            Chief of Police J. Scott Bendig requested authorization to dispose of surplus vehicles through Muncibid. Resolution #6, made by Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the sale at auction of the following Township equipment through Municibid:

  • 2014 Dodge Charger VIN: 2C3CDXKT6EH360544   Mileage: 91,752
  • 2014 Dodge Charger VIN: 2C3CDXKT2EH280030   Mileage: 90,157.

            Director of Finance Ami Tarburton presented the Year to Date 2019 Budget Report as of April 30, 2019. Ms. Tarburton’s presentation summarized the year-to-date operating results through April 30, 2019 and identified the significant activities in the fund balance, revenues and expenses.

            Director of Community and Recreation Center Floyd Shaffer presented a request for authorization to purchase wall padding for the Community and Recreation Center Gymnasium, as recommended by the Township’s insurance provider. Resolution#7, made by Supervisor Tanya C. Bamford seconded by Vice-Chairman Candyce Fluehr Chimera and adopted unanimously, authorized and approved the purchase of 231 Lineal feet of Model SP-Safety Series Softwall Wainscot wall padding from Degler-Whiting Inc. in the amount of $16,287.00 under the COSTARS purchasing program contract 014-147.

            Assistant to the Township Manager Stacy Crandell reported the E-Recycling Event held by the Environmental Advisory Committee on Saturday, April 27 was a huge success with over 32,000 pounds of electronics recycled. In addition, Director of Planning and Zoning Bruce Shoupe reported that on Saturday, April 27th the Township’s Shade Tree Commission hosted another successful Arbor Day Tree Give-A-Way Program, distributing all 500 Trees to Residents of the Township for Planting in their yards.    

            Director of Planning and Zoning Director Bruce Shoupe presented a request for approval of a proposal from Curt Eshleman, Timberlink Consulting, LLC for professional services to continue to assist the Township with the Ash Tree Forestry Management Project and monitor contract compliance for the remaining phases 4-7. Resolution#8, made by Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford, and adopted unanimously, approved the proposal at the hourly rate of $75.00 per hour effective on or after May 14, 2019 not to exceed a total amount of $3,000.

            Director of Planning and Zoning Director Bruce Shoupe reported that the end of maintenance period for improvements installed under 1390 Welsh Road Land Development- LDS 681 has been completed. This property owner has requested release of the remaining letter of credit security in the amount of $39,567.81. Resolution#9,made by Vice-Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford, and adopted 4-0 with Chairman Michael J. Fox abstaining due to his employment with Univest Bank, approved the end of maintenance period and final escrow release as recommended by the Township Engineer, in the amount of $39,567.81 contingent upon payment of all remaining Township engineer and legal fees.

            Resolution#10, made by Chairman Michael J. Fox, seconded by Vice-Chairman Candyce Fluehr Chimera, and adopted unanimously, authorized construction escrow release#5 in the amount of $175,196.50 for Phase 1-LDS 694 for the Higher Rock Partners, LP as recommended by the Township Engineer.

            Resolution#11, made by Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford, and adopted unanimously, authorized construction escrow release#4 in the amount of $850,182.50 for Phase 2- LDS 694 for the Higher Rock Partners, LP as recommended by the Township Engineer.

            Township Manager Lawrence J. Gregan requested authorization to execute an amendment to the Improvement Agreement for LDS#630 Fire Fox Phase 1 Southern Village. He reported that the original Land Development Agreement and Financial Security Agreement for this Project was recorded on October 27, 2014. The agreement was subsequently amended to replace the projects owner, developer and security (First Amendment). As provided for in the Agreement and under the provisions of Act 247 Municipalities Planning Code (MPC), the Township is authorized to require an increase in the Security for completion of the developments improvements by an additional 10% for each 1-year period beyond the Security’s original posting date if the improvements have not been timely completed.

            The Project Improvements have not yet been completed, and therefore Township Engineer has determined that the required security needs to be increased by 10% ($34,282.75) which would increase in the balance of the Security to $616,002.28. The Developer has provided executed copies of the Second Amendment Agreement including approval by Univest Bank for the Security increase, for Board approval and execution.

            Resolution#12, made by Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford, and adopted unanimously, authorized the execution of the Second Amendment to the Land Development and Financial Security Agreement for LDS #630 Fire Fox Phase 1 Southern Village Land Development for recording by the Township Solicitor.

            Township Manager Lawrence J. Gregan requested authorization to execute an amendment to the Improvement Agreement for LDS#630 Fire Fox Phase II Northern Village. He reported the Land Development Agreement for this development was recorded on November 19, 2017. As provided for in the Improvements Agreement and under the provisions of Act 247 Municipalities Planning Code (MPC) the Township is authorized to require an increase in the Security for completion of the developments Improvements by an additional 10% for each 1-year period beyond the Security’s original posting date if the improvements have not been timely completed.

            The Project Improvements have not yet been completed, and therefore Township Engineer has determined that the required security needs to be increased by 10% of the balance of outstanding improvement ($75,515.18), which would increase in the balance of the Security to $998,438.25. The Developer has provided executed copies of the Amendment for Board approval and execution. Upon approval, the Developer will be providing a new Letter of Credit in the amount of $998,438.25.

            Resolution#13 made by Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford, and adopted unanimously, authorized the execution of the First Amendment to the Land Development and Financial Security Agreement for LDS #630 Fire Fox Phase II Northern Village Land Development for recording by the Township Solicitor.

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

            Under other business, a boy scout was recognized in the audience. Boy Scout Luke Pepe introduced himself and say that he was attending the meeting to work on his community badge.

            There being no further business to come before the Board, the meeting adjourned at 7:50 p.m.