Montgomery Township, Pennsylvania

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12-16-2019 - Board of Supervisors Minutes

MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

DECEMBER 16, 2019

            At 6:30 p.m., Vice Chairman Candyce Fluehr Chimera called to order the Executive Session. In attendance were Supervisors Tanya C. Bamford, Jeffrey W. McDonnell and Matthew W. Quigg. Chairman Michael J. Fox was absent. Also in attendance was Township Manager Lawrence J. Gregan, Township Manager Designee Carolyn McCreary, and Township Solicitor Robert J. Iannozzi, Esquire.  

Vice Chairman Candyce Fluehr Chimera called the action meeting to order at 7:05 p.m. In attendance were Supervisors Tanya C. Bamford, Jeffrey W. McDonnell and Matthew W. Quigg. Chairman Michael J. Fox was absent. Also in attendance were Township Solicitor Robert J. Iannozzi, Esquire, Township Manager Lawrence Gregan, Township Manager Designee Carolyn McCreary, Police Chief Scott Bendig, 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, Public Information Coordinator Kelsey Whalen, Recording Secretary Deborah A. Rivas and Director of Information Technology Richard Grier.  

            Pennsylvania State Senator Maria Collett’s staff member, Joshua Arsenault presented retiring Township Manager Lawrence J. Gregan with a Citation from the PA State Senate honoring Mr. Gregan for his 42 years of public service and congratulating him on his retirement. The Board of Supervisors acknowledged retiring Township Manager Lawrence J. Gregan and thanked him for his service to the Township.

Vice Chairman Candyce Fluehr Chimera also acknowledged outgoing Supervisor Jeffrey McDonnell and Chairman Michael J. Fox for their twelve years of service to the Township. Supervisor Matthew Quigg thanked Jeff and Mike for their tireless efforts and stated that throughout the last two years, the Board of Supervisors has always put the Township first. Supervisor Jeffrey McDonnell stated that it has been a privilege to serve alongside the Board members. Former Township Supervisor Joseph P. Walsh praised Lawrence Gregan, Michael Fox and Jeffrey McDonnell and thanked them for their service.

Following the Pledge of Allegiance, Vice Chairman Candyce Fluehr Chimera 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 prior to this meeting at 6:30 p.m. The Board discussed two matters of potential litigation, one personnel matter, and an update on the Mirabella vs. Montgomery Township litigation matter. Mr. Iannozzi stated that these matters are all legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.

Vice Chairman Candyce Fluehr Chimera made a motion to approve the minutes of the December 16, 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 Public Works Kevin Costello introduced new employee Jerry “Dale” Alderfer to Montgomery Township as a Laborer in the Public Works Department. Mr. Alderfer will be working under Greg Reiff, Park Foreman, to assist with park maintenance and other various tasks. Resolution #1 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, welcomed new employee, Jerry “Dale” Alderfer, to Montgomery Township effective December 9, 2019.

            Township Manager Lawrence J. Gregan presented the 2020 Sewer Authority Budget. The Budget is balanced and does not propose a rate increase again for 2020. 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 Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the Montgomery Township Sewer Authority Budget for the fiscal year 2020.

            Township Manager Lawrence J. Gregan 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 2019. Resolution #3, made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approved the following Montgomery Township Municipal Sewer Authority’s Tapping Fee Agreements with McCallum Tract, Richardson Road and Veronica Lane, 1 EDU, Hatfield Basin; Police and Fire Credit Union, 798 Bethlehem Pike, 1 EDU, Hatfield Basin; OM Property Management LLC, 671 Bethlehem Pike, 5 EDUs, Hatfield Basin; Teledyne Scientific, 221 Commerce Drive, 7 EDUs, Eureka Basin; Assi Plaza, 1218-1222 Welsh Road, 16 EDUs, Eureka Basin; and Meadows at Parkview Toll Brothers, Bethlehem Pike, 42 EDUs, Eureka Basin.

            Township Manager Lawrence J. Gregan presented the final 2020 Montgomery Township Budget. He reported that the Board had held four public workshop meetings on the budget and approved the Preliminary Budget on November 11, 2019. Mr. Gregan 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 #4, made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Matthew W. Quigg, and adopted unanimously, adopted the 2020 Montgomery Township Budget as presented on November 11, 2019. Resolution #5, made by Vice Chairman Candyce Fluehr Chimera, 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 2020 at $30,000. Resolution #6, made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, established the street light assessment rates for 2020 with no increase from 2019.

            Township Manager Lawrence J. Gregan 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 #7 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford 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 6, 2020 at 7:00 p.m. The Township is required to advertise this meeting. Resolution #8 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the advertisement of the Board of Supervisors’ Reorganization meeting for Monday, January 6, 2020 at 7:00 p.m.

            Township Manager Lawrence J. Gregan reported that in October of 2018, the Board of Supervisors accepted a proposal from Maillie, LLP to perform the audit of financial statements of the Township, the Fire Department of Montgomery Township (FDMT) and its relief association (FDMTRA) for 2018, 2019 and 2020. Mr. Gregan reported that Maillie LLP has provided excellent service, responds promptly to all questions or concerns and produces an accurate, professional final report. The Township has received a proposal from Maillie LLP to prepare the Audited Financial Statements for the period ending December 31, 2019 at a cost of $25,500 for the Township, $3,700 for the FDMT, and $4,100 for the FDMTRA, totaling $33,300. Resolution #9 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, accepted the proposal from Maillie LLP for the 2019 audit of financial statements.

            Township Manager Lawrence J. Gregan reported that The Montgomery County Transportation Authority is undertaking a project to reconstruct the Stump Road Bridge #162 over the Little Neshaminy Creek which borders Township property. Part of this project involves relocation of a PECO gas main as well as element of the bridge reconstruction. The work requires the acquisition by the County of a .239 Acre (10,390 sq. ft.) portion of the Township’s property for required Right-of-Way for these improvements. The County is offering Just Compensation in the amount of $16,300 for the Right-of-Way, following a valuation of the property. Resolution #10 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, accepted the offer of Just Compensation in the amount of $16,300 and authorized the Township Manager to act on behalf of the Township in this matter.

            Director of Administration and Human Resources Ann M. Shade reported that two Employee Handbook policies have been created and updated for the Board’s approval. The Whistleblower Policy complies with the Pennsylvania Whistleblower Law and provides for guidance in explaining protections from retaliation afforded to whistleblowers and the preservation of confidentiality in the reporting process. The Drug & Alcohol Policy for Employees with Commercial Driver’s License (CDL) has been updated to be in compliance with the new obligations regulated by the Federal Motor Carrier Safety Administration (FMCSA). The new Commercial Driver’s License Drug and Alcohol Clearinghouse will require all drug and alcohol program violations to be reported in a central repository and require that employers query the system at least annually for violations that would prohibit the employee from performing safety-sensitive functions covered by the FMCSA and U.S. DOT drug and alcohol testing regulations. Resolution #11 made by Supervisor Tanya C. Bamford, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the Whistleblower Policy and the Drug & Alcohol Policy for Employees with Commercial Driver’s License (CDL) for distribution to employees and inclusion in the Montgomery Township Employee Handbook.

            Director of Public Works Kevin Costello reported that on February 25, 2019, the Board of Supervisors awarded the contract for the 2019 Curb and Sidewalk Project to Drumheller Construction Company Inc. During 2019, the contractor experienced significant delays due to equipment repairs and 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, 2020 and completed and ready for final payment no later than June 26, 2020. Resolution #12 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved Change Order #1 for the 2019 Curb and Sidewalk Project.

            Director of Public Works Kevin Costello reported that on October 28, 2019, the Board of Supervisors authorized the sale of surplus public works equipment through the online auction company Municibid. The bids closed on December 3, 2019. Resolution #13 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Matthew W. Quigg and adopted unanimously, authorized the sale of a 1997 F-350 truck with plow to Jonathan Peters of Mount Pocono PA in the amount of $9,100.00; a 2008 F-350 pickup truck with plow to Doug Bray of Dallastown PA in the amount of $6,350.00; a 2000 Case 590 Backhoe to Michael Edmiston of Woodbury PA in the amount of $16,700.00; a 2004 Jeep Liberty to Dennis Devan of Catawissa PA in the amount of $4,505.00; and a John Deer 1445 mower to James Gaskill of Medford, NJ in the amount of $4,100.00, in accordance with the terms and agreement through the online auction company Municibid.

            Director of Planning and Zoning Bruce Shoupe reported that an application for a Preliminary/Final Land Development Plan, LDS #701, was received from Montgomery Realty Associated LLC for a property located at 744 Bethlehem Pike at Vilsmeier Road. The site is approximately 1.8 acres within the C-Commercial Zoning District and partially within the R2-Residential District. The applicant purchased the adjoining split zoned residential/commercial property to the west, to allow a 12,240 square foot multi-tenant retail building. The Zoning Hearing Board granted relief to allow the intended multi-tenant retail/restaurant use building. Township staff and consultants have reviewed the plan for compliance with Township Codes. Resolution #14 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the Preliminary/Final Land Development Plan for Montgomery Realty Associates for the property located at 744 Bethlehem Pike.

            Director of Planning and Zoning Bruce Shoupe reported that an application for a Conditional Final Land Development Plan, LDS #699, was received from ProReal Ventures, LLC for a property located at the corner of DeKalb Pike and Welsh Road. The applicant is seeking final approval to construct a 4,594 square foot automatic car wash on 1.816-acre lot. The property is currently zoned C-Commercial and the Applicant proposes to provide car stacking for approximately 66 vehicles and parking for employees and customers totaling 32 spaces. Access to the site is shown as a “right in only” driveway entrance at an existing curb cut located on the Welsh Road frontage of the site and a “right in only movement” driveway entrance on DeKalb Pike. The exit only from the property is through an existing curb cut located in PECO’s easement on DeKalb Pike. Resolution #15 made by Supervisor Tanya C. Bamford, seconded by Vice Chairman Candyce Fluehr Chimera and adopted unanimously, approved the Conditional Final Land Development Plan for ProReal Ventures LLC for an automatic car wash.

            Resolution #16 made by Vice-Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the construction escrow release in the amount of $429,611.50, as recommended by the Township Engineer for Water Tower Square Associates LP for Millers Ale House.

            Resolution #17 made by Vice-Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the construction escrow release in the amount of $152,177.17, as recommended by the Township Engineer for the RMD Development Company, LP for 150 Domorah Drive.

            Resolution #18 made by Vice-Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, authorized the construction escrow release in the amount of $67,381.50, as recommended by the Township Engineer for 309 Automall Properties LP for the Montgomeryville Nissan.

            Township Manager Lawrence J. Gregan reported that with his pending retirement, it is recommended that the Board appoint Carolyn McCreary, Township Manager Designee, as the Acting Township Manager for the period from December 17, 2019 through the Reorganization Meeting scheduled for Monday, January 6, 2020. Resolution #19 made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, appointed Carolyn McCreary as the Acting Township Manager.

            A motion to approve the payment of bills was made by Vice Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford, and adopted unanimously, approving the payment of bills as submitted.

            There being no further business to come before the Board, the meeting adjourned at 8:25 p.m.