Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - April 11, 2002

The stated meeting of the Board of Commissioners of Abington Township was held on Thursday, April 11, 2002, at the Township Administration Building, Abington, PA with Commissioner Barbara C. Ferrara presiding.

CALL TO ORDER: 8:00 p.m.

ROLL CALL: Present: Commissioners AGOSTINE, WACHTER,

LUKER, TURCO, ZAPPONE, RING, GROSS,

O’CONNOR, CARLIN, MYERS, MCGRATH

(8:15 p.m.) DEVORE, GILLESPIE,

KRETSCHMAN, FERRARA

Township Manager CONWAY

Assistant Township Manager LAHAZA

Township Solicitor HERDER

Chief of Police KELLY

Treasurer SOLOMON

Township Engineer POWERS

Director of Finance MATIZA

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

COMMENDATIONS:

Commissioners Ring and DeVore presented a commendation award to the State CYO Ladies Basketball Championship Team of Our Lady Help of Christians School. Also State Representative Ellen Bard congratulated the team on behalf of the Commonwealth of Pennsylvania, the House of Representatives and presented them with a Recognition Award.

Mr. Conway stated we would like to honor Raleigh Veney, an employee of 28 years, who is retiring. Mr. Micciolo and Commissioner Ferrara presented Mr. Veney with a Certificate of Commendation to honor his devoted service to the Township.

Chief Kelly stated Detective Daniel Fisicaro’s work resulted in execution of search warrants at 11 different locations around Abington Township, which resulted in arrest warrants for 16 different people, and he received a Class III Police Commendation.

Representative Ellen Bard made a contribution to the Police and Firefighters Memorial to be located outside of the Township Building.

Commissioner Turco stated as a representative of the Lions Club of Glenside, we would like to make a contribution to the PAL Organization.

MINUTES: Commissioner Kretschman made a MOTION, seconded by Commissioner Ring to approve the minutes of the Board of Commissioners meetings of February 14, 2002 and March 14, 2002.

MOTION was ADOPTED 15-0.

ANNOUNCEMENT:

Commissioner Ferrara stated there was an Executive Session held on April 11, 2002 at 7:00 p.m. to discuss legal matters.

PUBLIC WORKS COMMITTEE:

Bid Award - Rubicam Avenue Storm Sewer, Street Reconstruction, and Handicapped Ramps

Commissioner Gross made a MOTION, seconded by Commissioner Ring to accept the lowest responsible bid in the amount of $329,352 and enter into a contract with Associated Paving Contractors for the Rubicam Avenue Storm Sewer and Street Reconstruction Project and Handicapped ramps. To be funded by HUD.

MOTION was ADOPTED 15-0.

Bid Award - Engineering Proposals 2002 - Permanent Improvement Program

Commissioner Gross made a MOTION, seconded by Commissioner Luker to accept the lowest responsible bid in the amount of $23,000 and enter into a contract with BCM Engineers for engineering associated with the 2002 Permanent Improvement program. To be funded from 2002 Permanent Improvement Fund.

MOTION was ADOPTED 15-0.

Bid Award - Polymer for Biosolids Dewatering

Commissioner Gross made a MOTION, seconded by Commissioner Luker to accept the lowest responsible bid in the amount of $1.258 per pound and enter into a contract with Coyne Chemical for polymer for biosolids dewatering. To be funded from Account No. 02-10-200-5326.

MOTION was ADOPTED 15-0.

Bid Award - Consortium Street Signs and Materials

Commissioner Gross made a MOTION, seconded by Commissioner Luker to accept the lowest responsible bids and enter into contracts with the following companies for the purchase of materials as shown:

Municipal Supply Co.

Sign Posts Material - Nos. 2, 10, 11, 12, 13, 14, 16 and 17.

Aluminum Blanks - Nos. 34, 35, 36, 37, 38, 50, 53, 54, 55, 56, 76, 77 and 86

Reflective Roll Goods - Nos. 1, 2, and 19

Reflective Sheeting & Sign Faces - Nos. 28, 29, 30, 31, 32, 33, 34, 35, 36 and 37

Miscellaneous Items - Nos. 2 thru 10, 12, 13, 15,17, 18, 20, and 24

Hot Tape Pavement Markings - Nos. 1, 3 thru 8, 15, 17 and 18

TOTAL: $97,230.32

Garden State Highway Products

Sign Posts Material - Nos. 1, 3 thru 9,15, and 18 thru 32

Aluminum Blanks - Nos. 32, 57, 75, 79, 83, 89 and 90

Reflective Roll Goods - Nos. 1 thru 18 and 20

Reflective Sheeting and Sign Faces, Type I - Nos. 38, 39 and 52

High Intensity Sign Faces, Type III - Nos. 12, 17, 19, 21, thru 23

Miscellaneous Items - Nos. 1, 11, 14, 16, 19, 21 thru 23

Reflective Sheeting & Sign Faces - Finished Signs - All

Hot Tape Pavement Markings - Nos. 2, 9, thru 14, and 16

TOTAL: $132,418.22

Rocal, Inc.

Aluminum Blanks- Nos. 1 thru 31, 33, 39 thru 49, 51, 52, 58 thru 74, 78, 80 thru 85, and 87

Reflective Sheeting & Sign Faces, Type I - Nos. 1 thru 27, 40, thru 51, and 53

Reflective Sheeting & Sign Faces, Type II Material - Nos. 1 thru 12

Reflective Sheeting & Sign Faces, Type III Material - Nos. 1 thru 11, 13 thru 16, 18, and 20

TOTAL: $166,056.46

MOTION was ADOPTED 15-0.

Bid Award - Leaf Machine Refurbishing

Commissioner Gross made a MOTION, seconded by Commissioner Luker to accept the lowest responsible bid and enter into a contract with Old Dominion Brush in the amount of $17,800 for re-power units for two leaf machines, as per bid specifications.

MOTION was ADOPTED 15-0.

Landscape Maintenance for Revitalization Areas

Commissioner Gross made a MOTION, seconded by Commissioner Luker to accept the lowest responsible bid and enter into a contract with Target Property Services, Inc. for landscape maintenance work in revitalization districts in an amount not to exceed $17,668. Funds to be drawn from Economic Development Accounts 07-01-502-7000 and 07-01-502-7300.

MOTION was ADOPTED 15-0.

Old York Road/Fairway Revitalization

Commissioner Gross made a MOTION, seconded by Commissioner Luker to approve Addendum No. 2 to the McCarthy Masonry and Concrete Old York Road Phase III revitalization contract, in an amount not to exceed $12,000 in order to incorporate field changes to the Old York Road/Fairway improvement project. To be drawn from Economic Development Account No. 07-01-502-7300.

MOTION was ADOPTED 15-0.

COMMENDATION:

Mr. Lahaza stated Lillie B. Biagas is the first person in General Motors history to be appointed to five franchises concurrently. Commissioners Ferrara and Agostine honored her with a Commendation for Achievement Award. Rep. Ellen Bard presented Ms. Biagas with a Commendation acknowledging her achievements as a female entrepreneur from the House of Representatives.

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:

Ordinance No. 1876 - Vacation of Woodland Road

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to advertise Ordinance No. 1876, vacation of a portion of Woodland Road, and set May 9, 2002 for a Public Hearing.

MOTION was ADOPTED 15-0.

Ordinance No. 1877 - Vacation of Keith Road

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to advertise Ordinance No. 1877, vacation of a portion of Keith Road, and set May 9, 2002 for a Public Hearing.

MOTION was ADOPTED 15-0.

PUBLIC HEARING - Conditional Use Application CU-02-01 - Abington Memorial Hospital

Commissioner Ferrara opened the Public Hearing for the Conditional Use Application for the Abington Hospital property known as 1200, 1300 and 1319 Old York Road at 8:30 p.m. She stated the purpose of the hearing is to afford an opportunity to all concerned citizens to speak on Conditional Use Application CU-02-01, Abington Memorial Hospital. The applicant proposes to construct a 360,000 square foot addition to

the hospital complex, a 225,000 square foot multi-level parking garage and a 16,000 square foot Day Care Center.

The properties involved in this application are located at 1200, 1300 and 1319 Old York Road, zoned in the (CS) Community Service District in Wards 10 and 11 of the Township of Abington.

Marc D. Jonas, Esq., Attorney representing the Applicant, stated Section 102 of the Zoning Ordinance in the General Purpose and Intent states: One of the purposes of the intent is to promote the health, safety, and general welfare. The purpose of the Community Service District includes the provision for the educational, medical, recreational, and religious needs of the Township community. In the Community Service District - Section 500.2.B-A it states: Hospitals are permitted by conditional use.

The applicant and the public speakers during this hearing were sworn in by Mr. Matteo.

Dr. David Eskin, Chief of Staff, 1443 Woodland Road, Rydal, stated we have experienced a 40% increase in admissions, 21% increase in daily occupancy, 28% increase in births, and a 50% increase in the number of patients seen in our emergency trauma center. Without the approval of the proposed addition, we will be out of space in three to four years. The health, safety and welfare of our Community will benefit from this expansion.

Richard Montalbano, Vice President of Abington Memorial Hospital, stated we believe the plan that we have developed with our neighbors meets the needs or our community and our hospital. We have made a voluntary commitment to establish Eastern and Western boundaries. To the East is the property behind the Levy Medical Center and to the West is Highland Avenue. The neighbors agreed to the closing of Woodland Road and suggested the hospital addition could be moved as far from them as possible. We have a 360,000 sq. ft. addition, the basement level is support services, the ground level is the expansion of the emergency room, above that is the expansion to our operating rooms, above that will be medical/surgical beds, the third floor will be additional critical care beds, the fourth floor will be new anti-partum and post partum beds adjacent to the labor/recovery area. The top floor will have new medical/surgical beds. The helicopter pad stays in the same location.

We will put any new equipment that is necessary for the purposes of heating, ventilating, air conditioning on the roof of the old Toll Pavilion, in order to mitigate noise into the neighborhood. Adjacent to the new building is the new parking garage. We are requesting approval for a 900 car parking garage. The main entrance is off of Keith Road. The hospital will donate property at the intersection of Keith and Highland Roads, and build a parking lot for the patrons of the Post Office.

We are offering to conduct a new traffic study, to be done once, at a later date and will pay for any improvements to make the traffic work for the Township and the community.

Referring to the slide presentation, we feel we can shield the garage from Old York Road. The garage is 58 ft. high and set back 25 ft. from the sidewalk.

Commissioner Ferrara asked for public comment in favor of the application. There were none.

Commissioner Ferrara asked for public comment in disfavor of the application.

Andre Porwit, 1310 Highland Avenue, stated he is concerned about the traffic and building this addition and garage will create a bottleneck between Susquehanna and Edgehill Roads. The new garage will create a lot of noise in the neighborhood and the hospital needs to protect the neighborhood from the noise.

Debby Wood, 1871 Keith Road, stated she gave a copy of a letter to Mr. Matteo to pass on to the Board of Commissioners and she read the letter to them. She is concerned how the new structure will affect the look, use, and feel within the area.

George Coyne, 1462 Wheatsheaf Lane, stated he is concerned that we will have major traffic problems by eliminating Keith Road and Woodland Road, and the size of the new building will negatively affect the neighborhood, and it should be made smaller.

Mary Rethrash, 1851 Keith Road, stated she is concerned about the safety of the pedestrians and the parking on her street is limited and will get worse.

Jesse Shahboz, 1883 Woodland Road, stated his home is right behind the proposed Daycare Center and his major complaint is the hospital does not keep their word. He would like a line of trees 25 ft. high to buffer his property from the Daycare Center and for them to be installed by April 30, 2002.

Michael Saresky, 2837 Omega Place, Roslyn, stated he serves on the Environmental Advisory Council and he is concerned about the 50% increase in traffic, noise and pollution. He would like another traffic study done.

Commissioner Ferrara stated it is a 4 ½% increase in traffic.

Mr. Saresky stated he feels his credibility was attacked and would like a public apology from Mr. Conway.

Commissioner Ferrara stated that is not part of the conditional use hearing.

Kurt Wood, 1871 Keith Road stated he is concerned about the six-story building and the kind of shielding effect you can get with deciduous trees.

Mr. Jonas stated the issues relating to dimensional variances are a closed record of the Zoning Hearing Board. The Community Service District requires buildings to be located in the center of the campus. The hospital has worked with the neighbors with regards to noise. The hospital has full intentions to landscape both sides of Rt. 611. After the main walkways are constructed, we will install pathways. We will make sure there are ample bus stops that are convenient, attractive, and protect the riders from the weather. We have met the traffic criteria, which is not more than 5% for the surrounding streets. We will do a post occupancy traffic study, once at a later date.

Commissioner Ferrara made a MOTION, seconded by Commissioner Ring to close the Public Hearing.

MOTION was PASSED 15-0. The Hearing was closed at 9:30 p.m.

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the Conditional Use Application for Abington Hospital.

MOTION was ADOPTED 15-0.

Land Development/LDd-02-01 - Abington Memorial Hospital - 1200, 1300, and 1319 Old York Road

Commissioner Agostine made a MOTION, seconded by Commissioner Luker to approve the Land Development and reverse Subdivision Plan for Abington Hospital, as prepared by Charles E. Shoemaker, Inc. and Boucher & James, Inc. for properties known as 1200, 1300 and 1319 Old York Road. Proposal is for the construction of a 62,146-sq.-ft. multi-level hospital addition, and 45,675-sq.-ft. multi-level parking garage, and a 16,000-sq.-ft. two-story Daycare Facility.

Motion is subject to the following conditions:

That the applicant receives the necessary approvals from the Zoning Hearing Board:

a variance from Section 500.3 to construct a building 85 ft. in height;

a variance from Section 500.3 and 500.4(J) to permit a parking garage building 260 ft. in length;

a variance from Section 500.4(K) to allow emergency vehicle parking in the front yard;

a variance from Section 500.4C to permit traffic resulting from the peak hour or average daily traffic by more than 5%;

a variance from Section 500.4(L)(2) to eliminate a residential buffer;

a variance from Section 902(1)(A) to allow parking stalls in the proposed parking garage to be 9 ft. wide.

That the exterior design of the proposed buildings be consistent with the materials

and design of the existing buildings on the 1200 Old York Road property.

Subject to the conditions of the Staff Review Letter issued by the Code Enforcement Office dated January 17, 2002.

Applicant will pay for and provide another traffic study to correct any traffic

problems that may arise with the new roadway improvements. This will include

the vacated portion of the intersection of Keith Road and Highland Avenue.

Applicant will provide the final facade design of the parking garage and hospital

addition to the Board of Commissioners for review and approval prior to issuance

of a building permit.

Applicant will explore different options for the ingress and egress at the parking lot

adjacent to the Dixon Building.

Mr. Matteo stated the figures of square footage are reflecting only the footprint at this time until the variances are granted.

Commissioner Wachter commented that this will have a positive tax impact on the Township.

Commissioner Carlin asked for an estimate of the tax impact.

Mr. Conway replied the Abington Court Apartments had been paying a Township tax of $13,146, and a school tax of $83,871. If the County Board of Assessment assesses the addition at $100 million, that would render to us an increase in the in-lieu-of amount by $210,000 per year.

MOTION was ADOPTED 15-0.

Land Development/LD-02-03 - Congregation Kol Ami - 1908 Robert Road, Meadowbrook

Commissioner Agostine made a MOTION, seconded by Commissioner DeVore to approve the Land Development Plan for Congregation Kol Ami, as prepared by John H. Leapson, PE, Consulting Engineers, to utilize the property known as 1908 Robert Road, Abington Township, as a religious institution. Property is zoned in the (R-1) Residential District in Ward 1 of the Township.

Motion is subject to the following conditions:

Applicant must adhere to the 26 conditions imposed by the Zoning Hearing Board

dated August 15, 2001.

Applicant has agreed to maintain the existing hedge row on the south side of the

property, at a height not less than eight feet.

Applicant has agreed to two site inspections, one with the leaves on the trees, and

one with the leaves off the trees, to determine the effectiveness of the buffering in

protecting overspill of the lights as prescribed in Zoning Conditions 22, 23, and 24.

Inspection will include neighbors, Congregation Kol Ami representatives, and

Township staff. At that time it will be determined whether additional screening is

necessary, which might include increasing the berm height, additional shrubs and

trees, and fencing as necessary.

Applicant has agreed to establish a $5,000 escrow account to be used for additional

landscaping in the event that the on-site inspection identifies a need for additional

natural screening.

Applicant has agreed to redirect the parking lot lights so as to shine onto Kol Ami

property and away from the neighborhood property line.

Applicant has agreed to redirect the outflow pipe from the underground detention

basin under the parking lot of the southwest portion of the property.

Applicant agrees to remove the notice on the recorded plan that the "Whipple" fence

will be removed from the property.

8. Applicant agrees to install an additional 100 feet of planted berm around the parking

lot area, as per Landscape Plan dated (revised) April 4, 2002.

This motion is subject to the following waivers:

Request for a waiver for the installation of full street improvements along Robert

Road.

Waiver from Section 146-11-(B)(7) of the Subdivision Ordinance, indicating the

location, size and ownership of all underground and above-ground public and private utilities.

Solicitor Herder stated regarding condition number four, Mr. Friedman, on behalf of the applicant, has agreed that the following language be added: Nothing contained herein shall be construed to limit the expenditures that may be required of the applicant in order to complete any such needed additional screening. The second amendment requested by the applicant is an additional waiver. Waiver number three: Section 146-20.A.4 of the Subdivision and Land Development Ordinance, which requires the applicant to file an application for a construction permit within six months of approval of the plan. The applicant may or may not elect to proceed with the development of the property due to the pending Federal Court litigation.

Commissioner Wachter made a MOTION, seconded by Commissioner Ring to approve the amendments to the MOTION.

MOTION was PASSED as AMENDED 15-0.

MOTION was ADOPTED 15-0.

Charles Whipple, 1900 Deer Run Road, Meadowbrook, asked what the procedures are to enforce the conditions and is there a time limit to comply? If something needs to be fixed and is not done in a timely manner, will the Township fix it at the expense of Kol Ami?

Solicitor Herder replied if the applicant does not comply with the conditions, the Township will take legal action in the Montgomery County Court of Common Pleas, seeking a mandatory injunction compelling the applicant to fulfill the conditions.

Removal of Tree - 1598 Arline Avenue

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to authorize expenditure of $1,050 from Contingency Account #01-01-002-5299 for the removal of a dead oak tree from a vacant property at 1598 Arline Avenue, Roslyn, owned by William F. and Mildred Coleman, and authorization for the Township to file a lien against the property to recover costs.

MOTION was ADOPTED 15-0.

PUBLIC SAFETY COMMITTEE:

The Commissioners had no business at this time.

PUBLIC AFFAIRS COMMITTEE:

Commissioner Wachter made a MOTION, seconded by Commissioner Agostine to award the bid for printing 22,000 copies of the three 2002 issues of the Greystone Cottage Newsletter to gateway Graphics, the lowest responsible bidder, in the amount of $1,982 per issue ($5,946 total).

MOTION was ADOPTED 15-0.

Bid Award - Lead Consultant for Penbryn Pool Filter Replacement Project

Commissioner Wachter made a MOTION, seconded by Commissioner Agostine to accept the lowest responsible bid of Wallover Architect for $9,500 as lead consultant for the Penbryn Pool filter replacement project.

MOTION was ADOPTED 15-0.

Transfer of Unused Capital Funds to Penbryn Pool Filter Account

Commissioner Wachter made a MOTION, seconded by Commissioner Agostine to approve the transfer in the amount of $7,261 from Account No. 07-24-800-7303; $3,300

from Account No. 07-24-800-7308; $5,000 from Account No. 07-24-800-7006 for a total of $15,561, into Account No. 07-24-800-7325.

MOTION was ADOPTED 15-0.

FINANCE COMMITTEE:

Treasurer’s Report:

Treasurer Max M. Solomon stated for March 2002, $1,148,949 was deposited into Fleet Bank, YTD $2,589,207. We collected $5,498,473 in Real Estate Taxes, YTD $6,390,725.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner Turco to approve the investments for the month of February, 2002 as previously circulated to the Board. It was noted that investments for the month totaled $1,173,000. Interest rates ranged from 3.050% to 6.00%.

MOTION was ADOPTED 15-0.

Expenditures/Salaries and Wages

Motion to:

Approve the February, 2002 expenditures as previously circulated to the Board, in the amount of s/b $1,816,338.94 and salaries and wages in the amount of s/b $1,394,335.22.

Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of May, 2002.

Roll Call resulted in the MOTION being PASSED 15-0.

Training and Conference Expenses

Commissioner Luker made a MOTION, seconded by Commissioner Ring to approve the Advance and Travel Expense activity for February, 2002 as previously circulated to the

Board. Advances and Travel Expense reports were $0.00 and $1,976.77, respectively. Two (2) month YTD expenses total $1,976.77

MOTION was ADOPTED 15-0.

Clearing Fund/Deferred Revenue and Expense/Petty Cash

Commissioner Luker made a MOTION, seconded by Commissioner Ring to approve the Clearing Fund, deferred revenue/expense activity and petty cash balances for the month of February, 2002 as previously circulated to the Board.

Petty Cash balances were approved as per Finance Committee Report.

Clearing Fund receipts and disbursements for the month of February, 2002 were $14,637.37 and ($14,637.37), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of February, 2002 were $1,737.04 and (2,538.55), respectively.

MOTION was ADOPTED 15-0.

Resolution #01-009 - Intent to Reimburse Capital Equipment

Commissioner Luker made a MOTION, seconded by Commissioner Ring to adopt Resolution #01-009 that declares the official intent of Abington to reimburse expenditures for certain capital equipment from proceeds of a general obligation note to be issued within the next 12 months and that declares the intent of the Township to comply with the reimbursement regulations of the Internal Revenue Code.

MOTION was ADOPTED 15-0.

COMMENTS FROM CITIZENS:

Michael Saresky, 2837 Omega Place, Roslyn stated he was misquoted and what he actually said was: He asked Mr. Montalbano how much did he offer the Township for the two roads. He asked Mr. Conway for a public apology.

Commissioner Ferrara replied there are two sides to every story and he should write a letter explaining his situation to Mr. Conway and then it will be distributed to the Commissioners.

Mr. Saresky announced his resignation from the Environmental Advisory Council.

REMARKS FROM COMMISSIONERS:

Commissioner Agostine thanked Mr. Matteo for his assistance.

Commissioner Wachter stated he attended the Eastern Association of Township Commissioners Conference and we are so far ahead of other Townships. We are doing a good job!

Commissioner Ferrara remarked it was announced at that Conference that as of April 2, 2002, Commissioners may now go to the Zoning Hearing Board meetings.

Commissioner Luker expressed his condolences to Edie Richards and her family as her father passed away. He commented about the amount of work that is involved, to prepare going to Court on such cases as the Property Maintenance Program, and he feels we need to review the workload as it pertains to the manpower that is associated with the Code Enforcement Dept. in terms of the budget.

Commissioner Gross thanked Dolores Downs and the members of the Calendar Committee for a super job.

Commissioner DeVore thanked the Township staff for an extraordinary job they did bringing the Abington Memorial Hospital application along.

Commissioner Ferrara thanked the Code Enforcement staff for their work involving the Kol Ami application.

ADJOURNMENT: 10:00 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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