MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
December 17, 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 Robert J. Iannozzi, 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 Robert J. Iannozzi, Esquire, Police Chief J. Scott Bendig, Finance Director Ami Tarburton, Assistant to the Township Manager Stacy Crandell, Director of HR and Administration Ann Shade, Director of Public Works Kevin Costello, Director of Community and Recreation Center Floyd Shaffer, Director of Planning and Zoning Bruce Shoupe, Director of Information Technology Richard Grier, and Public Information Coordinator Kelsey Whalen.
Following the Pledge of Allegiance, Vice-Chairman Michael J. Fox called for public comment from the audience and there was none.
Solicitor Robert J. Iannozzi, Esquire announced that the Board had met in an executive session at 7:00 p.m. this evening to discuss Zoning Hearing Board Matters including the Bharatiya Temple Zoning Appeal Settlement which is in the Montgomery County Court of Common Pleas; the Miller’s Ale House Zoning Hearing Board Application; and the Zoning Hearing Board Case of Service Tire Truck Center, Inc., located at 440 Stump Road. The Board also discussed a personnel matter. Mr. Iannozzi 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 November 26, 2018 Board of Supervisors meeting, and Supervisor Tanya C. Bamford seconded the motion. The minutes of the meeting were unanimously approved.
Director of Public Works Kevin Costello introduced Bryan Waryga, who has joined the Public Works Department as a Laborer effective November 26, 2018. Mr. Waryga will be working under the direction of Scott Stutzman, Road Foreman, to assist with road maintenance and projects as well as other varied tasks. Resolution #1 made by Vice Chairman Michael J. Fox, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously, welcomed new employee Brian Waryga to Montgomery Township effective November 26, 2018.
Director of Public Works Kevin Costello reported that on February 26, 2018, the Board of Supervisors awarded the contract for the 2018 Curb and Sidewalk Project to Ettore Ventresca & Sons, Inc. During 2018, the contractor experienced significant delays due to wet weather conditions which hampered completion of the work within the original 150-day contracted completion timetable. Township staff monitoring the project have advised that all work has been performed in a satisfactory manner. A change order has been created to provide that the work under the contact shall be substantially completed, including the B-Bid quantities in accordance with Paragraph 14.04 of the General Condition of the contract no later than May 31, 2019 and completed and ready for final payment no later than June 28, 2019. Resolution #2 made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved Change Order #1 for the 2018 Curb and Sidewalk Project.
Director of Finance Ami Tarburton presented the 2019 Sewer Authority Budget. The Budget is balanced and does not propose a rate increase again for 2019. Board of Supervisors approval of the Authority Budget is required in accordance with Section 3 of the Operating Agreement between the Township and the Montgomery Township Municipal Sewer Authority. Resolution #3, made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approved the Montgomery Township Sewer Authority Budget for the fiscal year 2019.
Director of Finance Ami Tarburton reported that the operating agreement between the Township and the Authority requires Board approval of all Tapping Fee Agreements entered into by the Montgomery Township Municipal Sewer Authority during 2018. Resolution #4, made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the following Montgomery Township Municipal Sewer Authority’s Tapping Fee Agreements with Christian Brothers Automotive at 565 DeKalb Pike, 1 EDU, Eureka Basin; Montgomery Crossing Firebird’s Wood Fired Grill in Gwynedd Crossing Shopping Center, Sewer Service Agreement, Lower Gwynedd Basin; Montgomeryville Real Estate Associates LP at 1050 Bethlehem Pike, 3 EDUs, Lower Gwynedd Basin; J L Freed Honda additional capacity at 683-685 Bethlehem Pike, 1 EDU, Hatfield Basin; Higher Rock Partners new connections at Stump Road and Bethlehem Pike, 25 EDUs, Eureka Basin; and Miller’s Ale House new connection Water Tower Square Shopping Center Horsham Road Sewer Service Agreement, Hatfield Basin.
Director of Finance Ami Tarburton presented the final 2019 Montgomery Township Budget. She reported that the Board had held four public workshop meetings on the budget and approved the Preliminary Budget on November 12, 2018. Mrs. Tarburton presented the final budget information and stated that no revenues or expenses in the proposed Final Budget have been increased more than ten percent in the aggregate or more than twenty-five percent in any major category over the approved Preliminary Budget. Resolution #5, made by Vice Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg, and adopted unanimously, adopted the 2019 Montgomery Township Budget as presented on November 12, 2018. Resolution #6, made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the Tax Levy Resolution with a total of 1.49 mills, and establishes the Homestead Exclusion amount for 2019 at $30,000. Resolution #7, made by Vice Chairman Michael J. Fox, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously, established the street light assessment rates for 2019 with no increase from 2018.
Director of Finance Ami Tarburton reported that each year the Board of Supervisors adopts a resolution denoting the categories of the fund balances as required by the government Accounting Standards Board (GASB) Statement No. 54 are to be reported on the annual audited financial statements. Resolution #8 made by Supervisor Tanya C. Bamford, seconded by Supervisor Jeffrey W. McDonnell and adopted unanimously, classified the Township’s fund balances in accordance with the Governmental Accounting Standard Board Statement No. 54.
Township Manager Lawrence J. Gregan reported that the Second Class Township code requires municipalities to reorganize on the first Monday in January of each year. This year, the reorganization meeting will be held on Monday, January 7, 2019 at 7:00 p.m. The Township is required to advertise this meeting. Resolution #9 made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized the advertisement of the Board of Supervisors’ Reorganization meeting for Monday, January 7, 2019 at 7:00 p.m.
Township Manager Lawrence J. Gregan reported that in anticipation of the future resurfacing of North Line Street, Montgomery Township and Hatfield Township are proposing the reconstruction of the drainage culvert under North Line Street, a road jointly owned and maintained by the two Townships. The drainage culvert is located between the Cambridge Knoll storm water basin in Montgomery and 1000 North Line Street in Hatfield. The current design of the culvert consists of multiple 36 inch cross pipes, which are insufficient in size to provide for appropriate drainage of the road, resulting in frequent flooding of the roadway and adjacent properties. The design of the project provides for a replacement of the existing pipe system with a 3 ft. x 10 ft. box culvert system which will greatly improve the drainage in this area at an estimated construction cost plus 10% contingency of $183,865. Hatfield Township has undertaken the design of the project and will take the lead on managing the construction. Montgomery Township’s participation will involve reimbursement of 43% of the project cost to a maximum of $80,000 plus its own engineering expenses. A cost sharing agreement has been prepared to formalize each municipalities understanding relating to bidding, construction and payment for the project. Resolution #10 made by Vice Chairman Michael J. Fox, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the execution of the Cost Sharing Agreement between Hatfield Township and Montgomery Township for the North Line Street Culvert Replacement Project.
Township Manager Lawrence J. Gregan reported that Township staff are requesting the Board’s authorization to execute an engagement letter with Kevin S. Anderson, Esquire, of the firm Elliott Greenleaf, Blue Bell, PA as legal counsel to represent the Township in the Hudson Palmer Home, Inc. – David Cutler Bankruptcy Matter. Resolution #11 made by Vice Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized execution of the engagement letter with Kevin S. Anderson, Esquire of the firm Elliott Greenleaf, Blue Bell, PA as legal counsel to represent the Township in the Hudson Palmer Home, Inc. – David Cutler Bankruptcy matter.
Resolution #12 made by Vice Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approved the construction escrow release #2 for LDS#694 – Higher Rock Partners – Phase 1.
Resolution #13 made by Vice Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approved the construction escrow release #1 for LDS#694 – Higher Rock Partners – Phase 2.
Resolution #14 made by Vice Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approved the construction escrow release #3 for LDS#693 – Joseph Ambler Inn.
Resolution #15 made by Vice Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approved the construction escrow release #5 for LDS#610A – W.B. Commons (Penn Crest).
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 made a motion to authorize the Township Solicitor to oppose the Service Tire Truck Center, Inc. Zoning Application scheduled before the Township’s Zoning Hearing Board on January 9, 2019. Supervisor Matthew W. Quigg seconded the motion and Resolution #16 was approved unanimously authorizing the motion to oppose.
Vice Chairman Michael J. Fox also made a motion to authorize the Township Solicitor to enter into a Settlement Stipulation resolving the Bharatiya Temple Zoning Appeal in the Montgomery County Court of Common Pleas, docketed at MCCCP 2018-03410. Supervisor Tanya C. Bamford seconded the motion and Resolution #17 was approved unanimously, authorizing the Settlement Stipulation in the Bharatiya Temple Zoning Appeal case.
Vice Chairman Michael J. Fox also made a motion to authorize the Township Solicitor to enter into a Settlement Stipulation resolving the Oxford Land Development LTD Business Privilege/Mercantile Tax Appeal. Supervisor Matthew W. Quigg seconded the motion and Resolution #18 was approved unanimously, authorized the Settlement Stipulation in the Oxford Land Development LTD Business Privilege/Mercantile Tax Appeal.
There being no further business to come before the Board, the meeting adjourned at 8:25 p.m.