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Board of Commissioners
Meeting Minutes
Board of Commissioners Meeting - April 12,
2001
The stated meeting of the Board of
Commissioners of Abington Township was held on Thursday,
April 12, 2001, at the Township Building, Abington,
Pennsylvania, with President Barbara C. Ferrara presiding.
CALL TO ORDER: 8:00 P.M.
ROLL CALL: Present: Commissioners
AGOSTINE, WACHTER, RING,
GROSS, CARLIN, ZAPPONE, DeVORE, O’CONNOR,
MYERS,
GILLESPIE, TURCO, FERRARA, LUKER
Excused: Commissioners
Kretschman, McGrath
Township Manger CONWAY
Township Solicitor HERDER
Chief of Police KELLY
Treasurer SOLOMON
Township Engineer POWERS
Director of Public Works MICCIOLO
Director of Code Enforcement MATTEO
Director of Parks and Recreation WENDELL
Superintendent of W.W.T.P. LEBER
PLEDGE OF
ALLEGIANCE
MINUTES
Commissioner Turco made a MOTION, seconded
by Commissioner Agostine, to approve the minutes of
the March 8, 2001 Board of Commissioners Meeting.
MOTION was ADOPTED 13-0
COMMENDATIONS
Commissioner DeVore presented a commendation
to Gail Latimer, Senior Vice-President Holy Redeemer
Health Systems, on behalf of the Township and the Fire
Companies for offering to provide Hepatitis B inoculations
to the Abington Firefighters.
Chief Kelly and Commissioner Gillespie
presented a commendation in memory of Charles E. Gerhard,
Jr. for 47 years of service to the community. He served
as Chief of Weldon Fire Company for 14 years, and was
a community leader in Abington Township.
ANNOUNCEMENT
There was an Executive Session on April
12, 2001 at 6:45 p.m. to discuss litigation.
PUBLIC WORKS
COMMITTEE
Bid Award – Consortium Sign
Bid
Commissioner Gross made a MOTION, seconded
by Commissioner Turco to accept the lowest responsible
bids and enter into contracts with the following companies
for:
Garden State Highway Products:
Sign Posts Material (portion)
Aluminum Blanks (complete)
Reflective Roll Goods (complete)
Reflective Sheeting & Sign Faces,
Type I Material (complete)
Reflective Sheeting & Sign Faces,
Type I Material (complete)
High-Intensity Sign Faces (3M) Pressure
Sensitive (complete)
Miscellaneous Items (portion)
Reflective Sheeting & Sign Faces
Finished Signs (complete)
Total: $203,531.23
Municipal Supple Company:
Sign Posts Material (portion)
Miscellaneous Items (portion)
Hot Tape Pavement Markings (complete)
Total: $41,880.90
MOTION was ADOPTED 13-0
Bid Award – Bituminous Concrete
Commissioner Gross made a MOTION, seconded
by Commissioner Luker to enter into a contract with
Eureka Stone Quarry in the amount of $416,025 for ID-2
top and cold patch (delivered), and with Better Materials
in the amount of $17,381 for ID-2 top and base (picked
up), per bid specifications.
MOTION was ADOPTED 13-0
Bid Award – One Truck Chassis-Mounted
Street Sweeper
Commissioner Gross made a MOTION, seconded
by Commissioner Luker to accept the lowest responsible
bid and enter into a contract with U.S. Municipal Supple,
Inc. in the amount of $142,797 for one Truck-Chassis-Mounted
Street Sweeper, per bid specifications.
MOTION was ADOPTED 13-0
Permanent Improvement Projects –
Lindsay Lane Stream Bank Stabilization
Commissioner Gross made a MOTION, seconded
by Commissioner Luker to approve Addendum #2 to the
contract with N. Abbonizio, Inc. in the amount of $48,500
for the stream bank stabilization on Lindsay Lane. To
be funded from Public Improvement Fund Reserve for Future
Projects.
MOTION was ADOPTED 13-0
Meadowbrook and Rydal II Sewer Districts
– Aerial Photos
Commissioner Gross made a MOTION, seconded
by Commissioner DeVore to approve BCM’s proposal
in the amount of $50,000 for aerial photos of areas
of the proposed Meadowbrook and Rydal II Sewer Districts.
To be paid from the Unallocated Sewer Fund.
MOTION was ADOPTED 13-0
Commissioner Zappone asked if this
is not to exceed $50,000. Engineer Powers said this
is correct. Commissioner Zappone asked if this was put
out to bid. Engineer Powers said that BCM has been used
on this ongoing project. When there is a new project,
it is put out to bid. Commissioner Carlin asked if subcontractor
is Keystone. Engineer Powers will look at invoice and
request that the subcontractors be listed out.
Bid Award – Street Reconstruction/Storm
Sewers/Handicapped Ramps
Commissioner Gross made a MOTION, seconded by Commissioner
Luker to accept the bid of N. Abbonizio Contractors
in the amount of $807,530 for the construction of Rockwell
Rd./Elliot/Cummings/Lillian/Maple Aves. /Hammond Pl.
Street Reconstruction/Storm Sewers and Handicapped Ramps.
The 2000 HUD Program will fund project.
MOTION was ADOPTED 13-0
Bid Award – Polymer for Biosolids
Dewatering
Commissioner Gross made a MOTION, seconded
by Commissioner Luker to award the Polymer bid to the
lowest responsible bidder, Custom Environmental Technologies
of Norristown, PA, in the amount of $1.796 per pound,
to be funded from Account #02-10-200-5326.
MOTION was APPROVED 13-0
2001 Road Overlay Program
Commissioner Gross made a MOTION, seconded
by Commissioner Wachter to approve the 2001 Road Overlay
Program for certain designated streets.
MOTION was APPROVED 13-0
Commissioner Gross stated that additional
information has been received after the discussion at
the Public Works Committee Meeting last week. Manager
Conway stated that with the Sewer Line Replacement Projects,
HUD Projects, and Supplemental Capital Project there
is a total of 8 additional miles of total road overlay.
The roads listed for repair are based on need. Commissioner
Ferrara stated a concern that on an average the Township
has averaged repairs of 12 miles per year and if this
year we repave 16.7 miles, that when repairs are needed
again, it will pose a burden. Commissioner Carlin commented
that certain roads are more susceptible to damage and
need to be repaired more frequently. Commissioner Turco
asked if this is putting a burden on the Public Works
department. Director Micciolo stated that the department
could handle this work but that this is the maximum
amount.
CODE ENFORCEMENT
AND LAND DEVELOPMENT COMMITTEE
Subdivision Plan SD-01-02 – Valenza 1229 Rydal
and 1340 Woodland Roads
Commissioner Agostine made a MOTION,
seconded by Commissioner Ring to approve the subdivision
plan for Michael and Irena Valenza, as prepared by Borusiwicz
Associates proposing the relocation of existing lot
lines for the properties located at 1229 Rydal Road
and 1340 Woodland Road. Applicants proposed to reduce
Lot #1 by .20 acre and convey that portion of area to
1340 Woodland. There is no construction proposed. Properties
are situated in the (R-1) Residential District in Ward
1 of the Township.
Motion is subject to the following
conditions:
Applicant must amend the plan to
add the required recording and signature
blocks.
Applicants will be required to
install concrete monuments at the corners of the
proposed new lot lines.
MOTION was ADOPTED 13-0
Subdivision Plan SD-01-01 –
Abington Glen, Inc. & Logan Land Development, Inc.
– Fairview Avenue
Commissioner Agostine made a MOTION,
seconded by Commissioner Ring to approve the subdivision
plan for Abington Glen, Inc. and Logan Land Development,
Inc. as prepared by John h. Leapson, P.E. on January
31, 2001. Plan indicates the relocation of an existing
lot line to create two parcels of greater than 5,600-sq.
ft. each. Lots will conform to all the other dimensional
requirements found in Section 304.3 of the Zoning Ordinance.
The applicant has obtained the required Zoning Hearing
Board relief and proposes the construction of a single-family
dwelling on each lot.
Properties are located on the north
side of Fairview Avenue, 300 ft. northwest of Hamilton
Avenue, zoned in the R-4 Residential District in Ward
5 of the Township.
Motion is subject to the following
waiver:
Installation of full street improvements.
Referred to the full Board without
recommendation.
Commissioner Turco stated that he contacted
the State Association for opinion on this situation.
The owners went before the Zoning Hearing Board and
received their approval.
Madge Tidwell, 614 Harrison Avenue,
Ardsley, commented that the commissioners worked hard
to draw up new zoning ordinances with a vision for the
Abington community. IT is distressing that the Zoning
Hearing Board did not adhere to the 7500 square foot
allowance. Commissioner Ferrara stated that she worked
with the committees to draw up the ordinances and she
stated that you couldn’t take away someone’s
property and tell them it has no value.MOTION was ADOPTED
10-2-1
Commissioners Zappone and O’Connor
voted no, Commissioner Myers stated a conflict.
Somerford Corporation
As you know, the Somerford matter has
been under consideration by the Board of Commissioners.
Our legal counsel has recommended that the outstanding
litigation be settled. I would like now to turn this
matter over to our solicitor to explain the background
and the terms of the proposed settlement.
Solicitor Herder read the following
statement:
As everyone knows, Somerford Corporation
has filed a lawsuit against the Township in federal
court, alleging that the Township improperly delayed
final action on and improperly denied its conditional
use application to build a life-care facility at the
intersection of Forest and Douglass Avenues in the McKinley
section of the Township.
Somerford’s suit maintains that
in doing this, the Township violated the Fair Housing
Act of 1988, and violated the civil rights of Somerford
and the proposed residents of the life-care facility.
Somerford’s suit asked the court to order the Township
to grant its conditional use application, and to award
damages against the Township in excess of one million
dollars, and to order the Township to pay Somerford’s
attorneys fees.
As the Township solicitor, I reviewed
the facts of this case and the suit filed by Somerford.
Having done so, I concluded that the court would find
that the Township has violated the Act and order the
Township to grant Somerford’s conditional use application.
This is because the Act requires municipalities
to make reasonable accommodations in its zoning ordinance
in order to afford housing opportunities to people with
handicaps, including persons suffering from Alzheimer’s
Disease. The provision of the Act requires municipalities
to change, waive or make exceptions in their zoning
rules to afford people with disabilities the same opportunity
to housing as those who are without disabilities.
The only basis for denying
Somerford’s conditional use application was that
the paved cartway on Forrest Avenue is between 29 and
31 feet wide, which does not meet the Zoning Ordinance
requirement of 32 feet. This difference is so small
that it would be considered insignificant by a court.
Somerford’s application meets the requirements
of the Zoning Ordinance in all other respects. A court
would find the Township’s refusal to waive such
a trivial provision an indefensible refusal to make
the reasonable accommodation required by the Act.
Because the commissioners wanted to
be certain of their position in this matter, they sought
a second legal opinion, and asked their insurance provider,
DVIT, to have the matter evaluated independently by
another attorney. DVIT assigned Harry Mahoney of the
firm Deasey, Mahoney and Bender to make this evaluation.
Mr. Mahoney’s firm specializes in land use litigation
in the federal courts.
Mr. Mahoney has also concluded that
the court will order the Township to approve the conditional
use application, and that a court or jury would find
that the Township has violated the Fair Housing Act
and the civil rights of Somerford and the prospective
residents of the proposed facility. Mr. Mahoney and
I also believe that a court or jury would award damages
to Somerford, and require the Township to pay Somerford’s
attorneys fees. All told this could run into millions
of dollars. The result would be a pointless waste of
taxpayer’s money, and that the Somerford’s
life-care facility would still be built.
Mr. Mahoney met with the Board in executive
session on March 8th and again on April 2nd
to advise the Board of his conclusions. Both Mr. Mahoney
and I have counseled the commissioners that it is in
the Township’s best interest to seek a settlement
of the lawsuit, because there is nothing the Township
can do to prevent Somerford’s proposed use of the
property.
At the April 2nd executive
session the Board utilized Mr. Mahoney and me to attempt
to negotiate a settlement of the lawsuit with Somerford’s
attorneys, within certain parameters, and we have done
so. The proposed settlement encompasses the following:
The Township will withdraw its objection to Somerford’s
appeal of the denial of the first conditional use
application. That appeal is currently pending in the
Montgomery County Court of Common Pleas. This will
allow Somerford to submit a subdivision and land development
application in conformity with the first conditional
use application.
The Township will not require any further wetlands
studies in connection with the subdivision land development
application process. The applicant has already provided
a wetlands delineation to the Township which shows
that there are no wetlands in the project site.
The Township will require no further traffic studies
in connection with the land development application
process.
The Township will not raise the 32-foot cartway provision
of the Zoning Ordinance as a bar to the land development
application.
When the Township issues the final building permit
for the project. Somerford will have the federal lawsuit
dismissed and release the Township from any liability
on conjunction with this matter, and withdraw the
second conditional use application.
In order to proceed with this settlement agreement,
the Board of Commissioners must adopt two resolutions
tonight. The first resolution approves and ratifies
the Stipulation and Consent Decree filed in federal
district court. The second resolution approves the
Stipulation and Consent Decree to be filed in the
Montgomery County Court of Common Pleas.
RESOLUTION NO. 01-013
RESOLVED, that the Stipulation and Consent Decree
filed in the action captioned Somerford Corp. v.
The Township of Abington, et al., Civil Action No.
01-782 in the United Stated District Court for the Eastern
District of Pennsylvania, is hereby approved and ratified.
TOWNSHIP OF ABINGTON
Attest:
_________________________________ By: ______________________________
B. Thomas Conway, Secretary Barbara C. Ferrara, President
Board of Commissioners
Date: April 12, 2001
RESOLUTION NO. 01-014
RESOLVED, that the form of
Stipulation and Consent Decree prepared for filing in
the Court of Common Pleas for Montgomery County in the
action captioned In re: Appeal of Chesapeake Health
Corp. from the Decision of the Abington Township Board
of Commissioners, Conditional Use Appeal No. 00-10869,
by which the Township withdraws its objection to the
appeal and consents to the reversal of the denial of
Somerford’s Conditional Use Application No. CU-00-1,
shall be filed on April 13, 2001, or as soon thereafter
as possible, thereby effecting the approval of Conditional
Use Application No. CU-00-01 without further action
of or by the Township.
MOTION was ADOPTED 10-3
Commissioners Gross, O’Connor
and Luker voted no.
Betty Smith, 361 Tulpehocken Avenue,
read a statement which was prepared by George Dickson,
Jr. in which he comments that there is no pressing need
for such a life-care facility in the Township since
there are several close by. He comments that conditional
uses should be used sparingly. He acknowledged that
the commissioners did everything they could.
John Hill, 453 Osceola Avenue, commented
that he understands that the Township residents cannot
be subjected to a two million-dollar lawsuit. He stated
that in 76 years he has been discriminated against with
housing, jobs, and in the military due to his color.
This is the first time he has been accused of discriminating
himself.
Solicitor Herder stated that the Federal
Act requires that municipalities make reasonable accommodations
in zoning ordinances to permit residential opportunities
to people with handicaps, which includes Alzheimer’s
disease. The case law is very clear, that the act of
failing to make reasonable accommodations is an act
of discrimination. The lawsuit does not accuse any member
of the public of discriminating against or being biased
towards people with Alzheimer’s.
Robert Montgomery, 1086 Church Street,
commented that he is disappointed that Somerford has
chosen this path in its endeavors to find a location
for a facility and that an area that would be affected
less environmentally would have been a better location.
He recommended that the Sisters of St. Basil lease the
property to Somerford for ninety-nine years for one
dollar per year or take the profits from the sale and
use it to preserve open space in the Township.
Commissioner Gross read a statement
as follows:
As commissioner of Ward 4 adjacent
to the facility and a resident of Forrest Avenue, less
than ¼ mile away from the entrance, I’m on record
as a supporter of open space in Abington Township. I
supported the condemnation proceedings on Hillside Cemetery
that afforded us the open space, which is still under
litigation as to a settlement. I also contributed to
the ill-gotten attempt to preserve Walnut Hill as open
space, and you will recall, I initiated the compromise
that lead to the completion of the demonstration trails
which, by the way, provide a safe passage for the students
at Manor and St. Basil’s along Fox Chase Road.
I recognize my responsibility to my constituents in
Ward 4 and the McKinley district. I am also cognizant
of the broader issue which we face here.
President Ferrara suggested that the
Administration hire a Land Planner to assist the Board
with zoning issues and work with the Civic Associations
to reach their goals.
PUBLIC SAFETY
COMMITTEE
Juvenile Accountability Incentive
Block Grant (JAIBG) – Year 3
Commissioner DeVore made a MOTION,
seconded by Commissioner Wachter to authorize Township
officials to accept a grant award from the PCCD in the
amount of $14,784, requiring a 10% match of $1,589.
CAPT will donate $715 and $874 will come from Police
Operating/Overtime Funds, Account #01-04-044-5045.
MOTION was ADOPTED 13-0.
Remove "No Parking" Signs
– Easton Road (West Side)
Commissioner DeVore made a MOTION,
seconded by Commissioner Turco to approve the removal
of NO PARKING ANYTIME signs on the west side
of Easton Road at St. Luke’s Church.
MOTION was ADOPTED 13-0.
Remove "No Parking" Signs
– Easton Road (East Side)
Commissioner DeVore made a MOTION,
seconded by Commissioner Turco to approve the removal
of NO PARKING ANYTIME signs on the east side
of Easton Road at St. Luke’s Church.
MOTION was ADOPTED 13-0.
NO PARKING BETWEEN SIGNS –
St. Luke’s Church (Easton Road)
Commissioner DeVore made a MOTION,
seconded by Commissioner Turco to approve the installation
of two signs indicating NO PARKING BETWEEN SIGNS
in front of St. Luke’s Chuch on Easton Road.
MOTION was ADOPTED 13-0.
NO PARKING BETWEEN SIGNS –
Glenside Methodist Church (Easton Road)
Commissioner DeVore made a MOTION,
seconded by Commissioner Turco to approve the installation
of two signs indicating NO PARKING BETWEEN SIGNS
in front Glenside Methodist Chuch on Easton Road.
MOTION was ADOPTED 13-0.
PUBLIC AFFAIRS
COMMITTEE
Resolution 00-011 – PennDOT
Grants
Commissioner Wachter made a MOTION,
seconded by Commissioner Agostine toauthorize the President
of the Board of Commissioners and Assistant Secretary
to sign agreements with PennDOT for various grant programs.
MOTION was ADOPTED 13-0
RESOLUTION 00-011
Execution of Grant Agreements
BE IT RESOLVED, by the authority of
the Board of Commissioners of the Township of Abington
that the President of the Board be authorized and directed
to sign agreements with the Pennsylvania Department
of Transportation for the Programs identified below
on its behalf. This resolution shall remain in effect
until April 12, 2004, or until rescinded or replaced
with a new resolution.
ATTEST: ABINGTON TOWNSHIP
__________________________________
By: ___________________________
Burton T. Conway, Assistant Secretary
Barbara C. Ferrara, President
I, Barbara C. Ferrara, President of
the Board of Commissioners do hereby certify that the
foregoing is a true and correct copy of the Resolution
adopted at a regular meeting of the Board of Commissioners
held this 12th day of April, 2001.
DATE: ____________________________
By: ___________________________
Barbara C. Ferrara, President
PROGRAMS:
Urban Operating Assistance Free Transit
Program for Senior Citizens
Urban Capital Assistance Shared-Ride
Program for Senior Citizens
Rural Operating Assistance Community
Transit Capital Equipment
Rural Capital Assistance Technical
Assistance
Comcast Agreement – Rydal Green/McKinley
Fire Company
Commissioner Wachter made a MOTION,
seconded by Commissioner Agostine to extend the Comcast
lease agreement for use of the Rydal Green fiber optic
facility for an additional five years to May 1, 2011.
MOTION was ADOPTED 13-0
Bid Award – Alverthorpe Fire
Alarm
Commissioner Wachter made a MOTION,
seconded by Commissioner Agostine to accept the lowest
resposnible bid of $75,580 from Wyman Fire Protection,
Inc. for installation of a fire a fire alarm system
at Alverthorpe Manor.
MOTION was ADOPTED 13-0
Bid Award – Printing of Greystone
Cottage
Commissioner Wachter made a MOTION,
seconded by Commissioner Agostine to award the bid for
printing the 2001 Greystone Cottage Newsletter
(three issues) to Emory Litho, the lowest responsible
bidder, in the amount of $1,990 each issue.
MOTION was ADOPTED 13-0
Abbey Trails
Commissioner Wachter made a MOTION,
seconded by Commissioner Agostine to authorize the Administration
to develop the trails proposals for the Fairway area,
Roslyn Park, and Ardsley Park.
MOTION was ADOPTED 13-0
Manager Conway stated that the committees
raised money needed and the staff will put together
a presentation for interested contributors.
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