Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - April, 2004

The stated meeting of the Board of Commissioners of the Township of Abington was held on Thursday, April 8, 2004 at the Township Administration Building, Abington, Pa., with Commissioner Gross presiding.

CALL TO ORDER: 8:00 p.m.

ROLL CALL: Present: Commissioners AGOSTINE, MYERS,

WACHTER, DIJOSEPH, TURCO, ZAPPONE,

CARLIN, O’CONNOR, WEILHEIMER, LUKER,

MCGRATH, DEVORE, GILLESPIE, RING, GROSS

Township Treasurer SOLOMON

Township Manager CONWAY

Assistant Township Manager LAHAZA

Township Solicitor HERDER

Township Engineer POWERS

Deputy Chief of Police LIVINGOOD

Finance Director MATIZA

Director of Parks and Recreation WENDELL

Director of Code Enforcement MATTEO

Director of Public Works MICCIOLO

Superintendent of W.W.T.P. LEBER

Deputy Chief John Livingood stated on Wednesday, February 25, 2004, two armed suspects robbed an armored car employee, who was making a delivery at the Wawa located at Bradfield and Susquehanna Roads in Roslyn. Allison Benford and Nathan Halderman witnessed the robbery and called the police, which resulted in the arrest of those suspects. Abington Police assisted by the Philadelphia Police Department’s major crime unit, and the FBI did an excellent job following up on the initial arrest. Detective Sgt. Tony DiSandro, Detective Rick Kondan, and Detective Tony Amaturo assisted in the investigation, which resulted in the arrest of other suspects involved in this crime. Their names will be submitted to a panel of their peers for consideration of departmental recognition.

Commissioners Gross and Myers presented commendations to Allison Benford and Nathan Halderman in recognition of their brave actions for the citizens of Abington Township during the armored car robbery on February 25, 2004.

Board of Commissioners Meeting April 8, 2004

Mr. Conway introduced Ms. Christina Mandajieva and Ms. Pavlina Paseva of Haskovo, Bulgaria, who have been working with Mr. Lahaza on Kaskovo’s Economic Development Plan. He commented the city of Haskovo has 41 Commissioners, and thanked the Board for allowing staff the time to be involved in this important program.

Ms. Mandajieva thanked the Board for allowing her to attend the Board meeting this evening, and expressed gratitude on behalf of the Mayor and citizens of Haskovo. She thanked the Board, Mr. Conway, and Mr. Lahaza for their help since 1995.

Commissioner Ring made a MOTION, seconded by Commissioner Agostine to approve the minutes of the Board of Commissioners Meeting of March 8, 2004.

MOTION was ADOPTED 15-0.

Commissioner Gross made a MOTION, seconded by Commissioner Wachter to adopt Ordinance #1909 establishing regulations for contractors utilizing Township property for construction staging areas.

Commissioner Gross opened the Public Hearing at 8:15 p.m.

Commissioner Gross asked for any comments from the Commissioners. There were none.

Commissioner Gross asked for any public comments in favor of this ordinance. There were none.

Commissioner Gross asked for any public comments in disfavor of this ordinance. There were none.

Commissioner Gross made a MOTION, seconded by Commissioner Agostine to close the Hearing.

MOTION was ADOPTED 15-0. The Hearing was closed at 8:16 p.m.

Board of Commissioners Meeting April 8, 2004

MOTION to adopt this ordinance passed 15-0.

Board of Commissioners Meeting April 8, 2004

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to accept the lowest responsible bids and enter into contracts with vendors for purchase of signs and sign materials as previously circulated to the Board.

MOTION was ADOPTED 15-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to enter into a contract with Associated Paving Contractors, Inc. in the amount of $144,875 for repair of the Baederwood Creek weir. To be funded from the Capital Improvement Fund 2002 bond issue.

MOTION was ADOPTED 15-0.

Rydal Pump Station Repair - Contingency Fund Authorization

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to authorize an expenditure from Wastewater Contingency Acct. #02-10-200-5299 for emergency repair and bypass pumping for Rydal Pump Station pumps in the aggregate amount of $43,067.23.

MOTION was ADOPTED 15-0.

Commissioner Wachter made a MOTION, seconded by Commissioner O’Connor to reallocate $22,900 from Capital Improvement Fund line item Exhaust Removal System Garage 2003 to purchase 13 emergency pre-emption emitters for police cars for $9,900; one line-striping machine for $8,000; and $5,000 for a phone system upgrade in the Public Works Department.

MOTION was ADOPTED 15-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to approve the 2004 road overlay program for various streets in the Township.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting April 8, 2004

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to approve the organization bylaws, dated March 2004, for the Abington Township Economic Development Committee as presented to the Board.

MOTION was ADOPTED 15-0.

Commissioner Wachter made a MOTION, seconded by Commissioner O’Connor to approve Resolution 04-007 designating the creation of a Keystone Opportunity Zone within the Township, and placement of such into the State Keystone Opportunity Zone Program.

Commissioner Turco stated the KOZ is a misuse of a State grant; for it to be used for only two properties is unfair to the surrounding properties.

Commissioner Ring thanked Mr. Conway and Mr. Lahaza for finding this program. He feels the property in his ward should be developed as soon as possible; however the KOZ is not the right program. It does not give any incentive to develop the property.

Mr. Conway agreed that the KOZ program is inadequate.

Commissioner Carlin asked can other entities impose this program?

Mr. Lahaza replied the only way the KOZ is imposed is if all three tax entities agree.

Commissioner Wachter stated if the owner of the property does not want to sell it; there is nothing the Board can do about it.

Mr. Lahaza stated he has tried to contact the owner of the property of Old York Road, but there has been no response.

MOTION to adopt failed 0-15.

Public Hearing - Ordinance 1905 - Amendment to Zoning Ordinance Land Preservation District Cluster Development

Board of Commissioners Meeting April 8, 2004

Commissioner Gross made a MOTION, seconded by Commissioner O’Connor to adopt Ordinance #1905, amending the Township Zoning Ordinance pertaining to Land Preservation District Overlay - Cluster Development.

Commissioner Gross opened the Public Hearing at 8:30 p.m.

Commissioner Gross asked for comments from the Commissioners.

Commissioner Agostine stated this ordinance proposes to have five and 15 acre sites as a conditional use for the cluster overlay. 15 acres and larger are mandatory, and she recommended an additional discretionary condition, which would be useful before approving the cluster development. Solicitor Herder is working on that condition, and she suggested continuing the hearing until next month.

Commissioner Gross stated this ordinance primarily applies to Wards 1-3, and Commissioner Weilheimer has polled her constituents for their comments.

Commissioner Weilheimer stated this will significantly affect her ward. She received 53 comments, and a petition with 17 signatures from her constituents. The overwhelming majority are opposed to cluster housing in general. They want to maintain how the community currently looks, and it makes sense to increase the minimum acreage from 10 to 15.

Commissioner DeVore stated we need to re-advertise the amendment, and then have the hearing.

Commissioner Gross replied that is what we intend to do.

Solicitor Herder stated it is appropriate procedurally to continue the hearing until next month, and no action will be taken tonight.

Commissioner Carlin asked, why aren’t the constituents of Ward 1 here to voice their opinions?

Commissioner Weilheimer replied they asked if they should attend, and she replied they could do so if they chose, but she would represent their views tonight.

Commissioner DiJoseph asked when will this amendment be completed?

Solicitor Herder replied as soon as possible.

Board of Commissioners Meeting April 8, 2004

Commissioner Gross made a MOTION, seconded by Commissioner Agostine to continue the Public Hearing for Ordinance #1905 until the May, 2004 Board meeting.

Commissioner Gross commented any development will go through the normal procedures before coming to the Board.

Mr. Matteo stated a workshop with Mr. Van Rieker regarding the remaining portion of the ordinance will be held on April 15, 2004 at 7:30 p.m.

MOTION was ADOPTED 15-0.

Commissioner Agostine made a MOTION, seconded by Commissioner O’Connor to approve the subdivision plan of Irene Wolf and D’Angelo Construction, Inc. as prepared by Charles E. Shoemaker, Inc., Engineers and Surveyors. Applicant and owner propose to subdivide the existing 2.74 acres into two conforming parcels. Lot #2 will contain the existing single-family dwelling on a lot area of 60,971 sq. ft. Lot #1 is proposed for a new single-family dwelling on a lot area of 55,167 sq. ft. Property is located at 1532 Cherry Lane, zoned in the (R-1) Residential District in Ward 1 of the Township.

This motion is subject to the following waivers:

Section 146-11.B.7 - Identify utilities within 400 ft.

Section 146-11A - Identify adjacent properties.

Section 146-27 - Installation of sidewalks, curbs and gutters.

Section 146-41D - Architectural plans.

MOTION was ADOPTED 15-0.

Ordinance 1910 - Stormwater Management Ordinance

Commissioner Agostine made a MOTION, seconded by Commissioner O’Connor to advertise Ordinance 1910, known as the Stormwater Management Ordinance, as mandated by the EPA, and to set the public hearing for May 13, 2004.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting April 8, 2004

NO PARKING ANYTIME - Meetinghouse Road at Timbergate Drive

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one NO PARKING ANYTIME sign at the deceleration lane in front of Rydal Green development on Meetinghouse Road, at the intersection with Timbergate Drive.

MOTION was ADOPTED 15-0.

NO PARKING HERE TO CORNER - 1000 Wynwood Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one NO PARKING HERE TO CORNER sign on Wynwood Avenue (east side) 45 feet north of Adams Avenue.

MOTION was ADOPTED 15-0.

HANDICAPPED PARKING - 626 Roberts Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of two HANDICAPPED PARKING signs to allow for the parking of one vehicle in front of 626 Roberts Avenue.

MOTION was ADOPTED 15-0.

Commissioner Gross announced Friday, April 30, 2004 is Scout Day in Abington Township, and Commissioner Gillespie is the Chairperson for the day.

Commissioner DeVore made a MOTION, seconded by Commissioner Carlin to award the bid for printing 22,000 copies of each of the 2004 Township Newsletters - spring, summer, and fall issues - to Auch Printing, the lowest responsible bidder, in the amount of $1,367 per issue, for a total of $4,100.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting April 8, 2004

Commissioner DeVore made a MOTION, seconded by Commissioner Carlin to authorize Change Order #2 to the contract for the Library front window project to add additional

windows. $7,665 will be taken from Capital Account #07-23-071-7352, which is the balance of the account.

MOTION was ADOPTED 15-0.

Treasurer Max M. Solomon stated for March, 2004 $1,716,316 was deposited into Fleet Bank, YTD $3,692,312. We collected $7,199.850 in Real Estate Taxes, YTD $8,154,105.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the investments for the month of February, 2004 as previously circulated to the Board. It was noted that investments for the month totaled $225,000. Interest yields ranged from 1.615% to 5.00%.

Motion to:

Approve the February, 2004 expenditures as previously circulated to the Board, in the amount of $1,841,341.95 and salaries and wages in the amount of $1,285,686.81.

Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of May, 2004.

Roll Call resulted in motion being passed 15-0.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the Advance and Travel Expense activity for February, 2004 as previously circulated to the Board. Advances and Travel Expense Reports were $468.00 and $1,664.20, respectively. Two (2) month expenses totaled $1,749.29.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting April 8, 2004

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the Clearing Fund, deferred revenue/expense activity and petty cash balances for the month of February, 2004 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, 2004 were $12,400.05 and ($12,400.05), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of February, 2004 were $256,612.61 and ($3,026.00), respectively.

MOTION was ADOPTED 15-0.

Commissioner Gross appointed Doug Wendell to be Chairman, and to represent the staff. The elected officials are Commissioners O’Connor and DiJoseph. Jack Thalheimer of the Economic Development Committee, Bob Montgomery of the Environmental Advisory Council, Carole Covert of the Planning Commission, and citizen Anne Di Mascio.

Victor Krievens, 840 Maple Avenue, stated there has been damage done to the Hillside Cemetery, and presented pictures to the Board.

Deputy Chief Livingood replied he will look into it.

Mr. Wendell stated he will alert the Park Rangers.

Commissioner Gillespie announced the Greater Glenside Patriotic Association will be having a fund raiser on Friday, May 21, 2004 at 8:00 p.m. at the Abington High School, and the Mummers will attend. There will be another fund raiser at the North Penn VFW on Saturday, April 10, 2004.

Commissioner DeVore commented Mr. Lahaza received criticism regarding the KOZ program, and it was not deserved.

Board of Commissioners Meeting April 8, 2004

Commissioner McGrath commented Local Government Day was successful, and wished everyone a Happy Holiday.

Commissioner Weilheimer thanked Dolores Downs regarding advertising for blood donations, and thanked the Commissioners for their patience and consideration regarding the cluster ordinance.

Commissioner Myers congratulated our Police Dept. for receiving their national accreditation.

Commissioner Wachter read a letter from the Board of Directors of the Tall Trees Homeowners Association to Mr. Micciolo into the record, thanking him and Angelo Pontelandolfo, Superintendent of Highways, for the excellent service provided during the 2004 snow removal season.

Commissioner DiJoseph commented the criticism about Mr. Lahaza was unfounded. She received a call from a constituent who was having trouble filling out their Earned Income Tax form. He called Berkheimer, and they were no help to him.

Treasurer Solomon said to have their constituents call his office.

Mr. Conway stated he would like to know if anyone is not satisfied with Berkheimer.

Commissioner Carlin commented to Mr. Lahaza to keep up the good work.

Commissioner Gross thanked Dolores Downs and Dorothy Dougherty for their assistance with Local Government Day, and also Commissioners McGrath and Gillespie. There were over 40 students in attendance. He asked that all Commissioners attend the workshop on April 15, 2004. He thanked Mr. Wendell for his efforts in cleaning up the trash at Alverthorpe Park, and the debris from the warming shed.

ADJOURNMENT: 9:00 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

sev