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

The stated meeting of the Board of Commissioners of the Township of Abington was held on Thursday, August 12, 2004 at the Township Administration Building, Abington, PA., with Commissioner Gross presiding.

Chief Kelly stated PAL teen, Wayne Hatchett was playing basketball when he saw a young boy choking. He performed the Heimlich-maneuver on the boy saving his life. Commissioners Myers and Gross presented a commendation to Wayne Hatchett for his quick action. Chief Kelly introduced PAL Coordinators Mel Rice and Linda Miller who do a good job at our PAL centers.

Chief Kelly stated Jim McFarland has worked for the Abington Township Police Department for 32 years as a Police Dispatcher. He was hired on September 4, 1972, and was among the first four dispatchers hired. He became one of the first civilians in charge of the radio room. He served as Senior Dispatcher, and promoted to Radio Room Coordinator in September 21, 2001. While on duty, he successfully discouraged a woman from committing suicide. She called the next day and thanked him. Commissioners Gross and Myers presented a commendation to Jim McFarland in appreciation of his dedicated service to the citizens of Abington Township.

State Representative Ellen Bard presented a commendation to Jim McFarland on behalf of the Commonwealth of Pennsylvania.

Board of Commissioners Meeting August 12, 2004

Appointment of Probationary Police Officers

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to appoint candidates Thomas Nyman, Jr. and Edward Todd from the certified Civil Service Eligibility List to the position of Probationary Police Officer, effective August 13, 2004, provided they successfully complete the remaining portions of the appointment process.

MOTION was ADOPTED 13-0.

District Justice Leslie McHugh swore in Probationary Police Officers Thomas Nyman, Jr. and Edward Todd.

Commissioner McGrath and Dave Rondinelli on behalf of the Abington Joint Town Watch Council presented the Walter H. Schweizer Memorial Scholarship Award to Sebi John, a senior high school graduate, in recognition of his many achievements.

Commissioner Ring made a MOTION, seconded by Commissioner Zappone to approve the minutes of the Board of Commissioners Meeting of July 8, 2004, and Public Hearing on Ordinance 1916 - Compliance with the PA Construction Act.

MOTION was ADOPTED 13-0.

Trash/Recycling Contract with Abington School District

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to renew our trash and recycling contract with Abington School District for an additional year at a cost of $60,146.04.

MOTION was ADOPTED 13-0.

Montgomery County Snow and Ice Agreement

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to authorize the proper officers to enter into a contract with Montgomery County for snow and ice removal during the 2004-2005 winter season on Easton Road, from Route 63 to Cheltenham Township, for a payment of $8,053.40.

Board of Commissioners Meeting August 12, 2004

MOTION was ADOPTED 13-0.

Baeder Creek Flood Mitigation Project

Motion to:

accept $3 million FEMA Pre-Disaster Mitigation Competitive Grant for the Baeder Creek Flood Mitigation project;

authorize $1 million (25%) grant match, to be funded from 2002 bond issue Acct. #07-07-962-7339;

amend Board action of October 9, 2003 for PennDOT project Edge Hill Road/Tyson Avenue storm sewers, reallocating $647,197 (80% of reimbursable costs) to be temporarily funded from General Fund Balance Acct. #01-00-5812.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to authorize payment for completion of Phase IV improvements to Old York Road and The Fairway to McCarthy Masonry and Concrete, Inc. in the amount of $5,000. Payment will be made from the 2004 Economic Development Capital Improvement fund, Acct. #07-01-502-7375.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to authorize proper Township officials to contract with McCarthy Masonry and Concrete, Inc. for development of the Ardsley Phase I and McKinley Revitalization projects in an amount not to exceed $336,558.50 in order to commence improvements in Ardsley along Jenkintown Road and in McKinley along Township Line Road. All funds will be drawn from Economic Development Acct. #07-01-502-7375.

Commissioner Gross made a MOTION, seconded by Commissioner Agostine to adopt Ordinance 1915, providing for comprehensive regulations for massage parlors, to be added as Chapter 105 of the Code of the Township.

Commissioner Gross opened the Public Hearing at 8:25 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.

Kathy Pleasance, 1826 Horace Avenue, stated she owns the Wellness Center on 1000 Easton Road. It is not a massage parlor, but we practice massage therapy in our office.

Solicitor Herder stated there are exclusions in the ordinance for beauty shops, hair salons, or any athletic programs. What kind of wellness center is it?

Ms. Pleasance replied we do massage energy work and physical therapy. We are certified therapists.

Solicitor Herder stated this ordinance does not apply to her establishment.

Joseph L. Gallagher, 1355 Old York Road, stated prostitution is part of what we are talking about, and he is in favor of this ordinance.

Victor Krievins, 840 Maple Avenue, stated he is in favor, and was told this is based on Upper Moreland Township’s ordinance. He was assured that this ordinance helps keep criminal businesses engaging in prostitution out of Upper Moreland Township.

Deputy Chief John Livingood stated Abington Police are familiar with massage establishments, as defined by the proposed ordinance, operating within the Township. We have received complaints about some of the existing ones, which have led us to initiate several investigations. The results of those investigations indicate that these establishments are often nothing more than a front or cover for illicit houses of prostitution.

Our investigations have supported the fact that prostitution is not a "victimless" crime. It has required a tremendous amount of police resources to check these locations and deal with the problems that are going on in and around them. The successful arrests and prosecutions that we have made at massage establishments have resulted from lengthy surveillances and manpower-intensive undercover operations. These police resources could be better spent dealing with other crime problems in our community.

Board of Commissioners Meeting August 11, 2004

Successful prostitution prosecutions against the owners of the massage locations are extremely difficult, even though owners of the current massage locations within

Abington Township have criminal histories, and all have prior arrests for prostitution or aiding or abetting prostitution. Our investigations have revealed unsanitary and unhealthy conditions within the massage locations. Prostitution is inherently dangerous and poses a high risk for the spread of communicable disease.

We have shared intelligence with Montgomery County Detectives, Pennsylvania State Police and other agencies regarding massage establishments actually being fronts for prostitution. We have learned that this problem is not unique to Abington Township, and is occurring in many other communities. We are working with these other agencies, and will continue in an effort to target the owners who are the root cause of this problem.

Commissioner Weilheimer asked will this ordinance assist our code enforcement ordinance?

Deputy Chief Livingood replied yes.

Commissioner Gross asked for any public comments in disfavor of this ordinance.

Nick DellaGuardia, owner of many properties along Easton Road, and rents property to Rainbow Spa. This ordinance doesn’t single out certain massage parlors, and will not eliminate prostitution. He is against this ordinance because taxes will be increased. Are all massage parlors houses for prostitution?

Deputy Chief Livingood replied no.

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

MOTION was ADOPTED 13-0. The Hearing was closed at 8:50 p.m.

MOTION to adopt this ordinance passed 13-0.

Subdivision Plan SD-04-04 George Zindel, 1917 Valley Road

Commissioner Agostine made a MOTION, seconded by Commissioner DiJoseph to approve the subdivision plan of George Zindel, as prepared by William C. Parry, Registered Professional Land Surveyor, dated May 14, 2004. Applicant proposes to subdivide the property into two lots. Lot No. 1 will contain the existing single-family dwelling with a lot area of 1.17 acres. Lot No. 2 will have a lot area of 25,539.6 sq. ft. No construction is proposed at this time for the new lot. Lot No. 2 will comply with all dimensional requirements of the code. Property is located at 1917 Valley Road, zoned in the R-2 Residential District in Ward 1 of the Township.

Public Hearing - Ordinance 1914 - Parking Violation Penalties

Commissioner Gross made a MOTION, seconded by Commissioner Myers to adopt Ordinance 1914 changing the penalty for illegal parking to $15 and establishing a penalty of $30 for parking violations at the Abington Township Municipal parking lot.

Commissioner Gross opened the Public Hearing at 8:52 p.m.

Commissioner Gross asked for any comments from the Commissioners.

Commissioner DiJoseph asked do we have a parking permit program?

Chief Kelly replied we had a parking permit program for many years, and abandoned it. We will give special consideration for Township staff’s family, retirees, or former employees.

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 Zappone to close the Hearing.

Sobriety Checkpoint Grant

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to accept a grant award from the Bureau of Highway Safety and Traffic Engineering in the amount of $8,000.

MOTION was ADOPTED 13-0.

NO PARKING ANYTIME Signs on Shady Lane

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of NO PARKING ANYTIME signs on the north side of Shady Lane from house #381 to a point 250’ west thereof.

Prohibition of Trucks on: Cheltena Avenue, Cloverly Avenue, Madiera Avenue, Rodman Avenue, and Runnymede Avenue

Motion to prohibit trucks (except for local deliveries) on:

Cheltena Avenue between Cloverly Avenue and Rodman Avenue

Cloverly Avenue at Old York Road

Madiera Avenue at Old York Road

Rodman Avenue between Cloverly Avenue and Old York Road

Runnymeade Avenue between Cloverly Avenue and Old York Road

MOTION was ADOPTED 13-0.

Child Identification Program (CHIP) Grant

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to accept a grant award from the Concordia Masonic Lodge in the form of a vehicle, digital photographic equipment, and monies necessary to equip the vehicle as an emergency vehicle. No match required.

MOTION was ADOPTED 13-0.

Resolution 04-013 - HOME Program Funding

Commissioner DeVore made a MOTION, seconded by Commissioner DiJoseph to adopt Resolution 04-013 authorizing the filing of an application to PA DCED in the amount of $500,000 for the Township’s Owner-Occupied Rehabilitation Program.

MOTION was ADOPTED 13-0.

Resolution 04-015 - Abington Trails Project - Signature Authority for Federal Reimbursement Agreement

Commissioner DeVore made a MOTION, seconded by Commissioner DiJoseph to adopt Resolution 04-015 authorizing Stanford A. Gross President, to sign the Demonstration Program Federal Aid Reimbursement Agreement between the Township and PennDOT for the Abington Trails Project.

MOTION was ADOPTED 13-0.

Treasurer Max M. Solomon stated for July, 2004 $858,122 was deposited into Fleet Bank, YTD $10,976,777. We collected $106,890, YTD $19,599,710. We had an increase of 37,361, YTD $465,494 compared to July, 2003.

Investments

Commissioner Carlin made a MOTION, seconded by Commissioner Gillespie to approve the investments for the month of June, 2004 as previously circulated to the Board. It was noted that investments for the month totaled $644,000. Interest yields ranged from 1.95% to 6.00%.

MOTION was ADOPTED 13-0.

Expenditures/Salaries and Wages

Approve the June, 2004 expenditures as previously circulated to the Board, in the amount of $2,419,586.73 and salaries and wages in the amount of $1,314,793.17.

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

Roll Call resulted in motion being passed 13-0.

Training and Conference Expenses

Commissioner Carlin made a MOTION, seconded by Commissioner Gillespie to approve the Advance and Travel Expense activity for June, 2004 as previously circulated to the Board. Advances and Travel Expense Reports were $0.00 and $9847.51, respectively. Six (6) month expenses totaled $36,801.44.

MOTION was ADOPTED 13-0.

Clearing Fund/Deferred Revenue and Expense/Petty Cash

Commissioner Carlin made a MOTION, seconded by Commissioner Gillespie to approve the Clearing Fund, deferred revenue/expense activity and petty cash balances for the month of June, 2004 as previously circulated to the Board.

Board of Commissioners Meeting August 12, 2004

Petty Cash balances were approved as per Finance Committee Report.

Clearing Fund receipts and disbursements for the month of June, 2004 were $12,513.08 and ($12,507.86), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of June, 2004 were $34,350.77 and ($51,695.58), respectively.

MOTION was ADOPTED 13-0.

Appointment of International and Small/Mid Cap Investment Manager

Commissioner Wachter made a MOTION, seconded by Commissioner Carlin to authorize the Finance Director, following review by Aon Investment Consulting and Township Counsel, to enter into any such agreements necessary in order to invest in Vanguard mutual funds for international and small/mid cap asset classes for Police and Non-Uniformed Pension Plans.

MOTION was ADOPTED 13-0.

Julie Greenbaum, President of the Rydal/Meadowbrook Civic Association, stated there was a serious accident on Susquehanna Road on July 31, 2004. One individual is still in the hospital. She filed a Right To Know Act, and there was no evidence that Andy Warren of PennDOT visited that site on Susquehanna Road.

Jon Fox, 2115 Guernsey Avenue, congratulated the Board and staff on the Baederwood Creek matter, and for the Ardsley/Roslyn Park trails. He was glad that Ordinance 1915 passed.

Commissioner Agostine thanked all of the department heads for their help this summer in her ward.

Commissioner DiJoseph thanked Mr. Lahaza and staff for their help with Channel 43.

Commissioner Carlin congratulated Ed Micciolo on being honored with the naming of Micciolo Field at Roslyn Park.

Commissioner Gillespie commented the National Night Out was a success.

Commissioner McGrath thanked the Board for passing Ordinance 1915, and commended Chief Kelly, Joe Conover, Dave Rondinelli, Dan Buckley, Matt Lahaza, and Dolores Downs for a successful National Night Out.

Commissioner Gross thanked Matt Lahaza and staff for upgrading Channel 43.

Respectfully submitted,

Burton T. Conway, Secretary

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