|
Board of Commissioners
Meeting Minutes
Board of Commissioners Meeting - December
13, 2001
The stated meeting of the Board of Commissioners of
Abington Township was held on Thursday, December 13,
2001, at the Township Administration Building, Abington,
PA, with President Barbara C. Ferrara presiding.
CALL TO ORDER: 8:00 p.m.
ROLL CALL: Present: Commissioners FERRARA,
AGOSTINE,
WACHTER, RING, GROSS, CARLIN,
ZAPPONE, KRETSCHMAN, MCGRATH,
DEVORE, O’CONNOR, MYERS, LUKER,
GILLESPIE, TURCO.
Township Manager CONWAY
Assistant Township Manager LAHAZA
Township Solicitor HERDER
Chief of Police KELLY
Treasurer SOLOMON
Engineer Assistant MARLIN
Director of Finance MATIZA
Director of Public Works MICCIOLO
Director of Code Enforcement MATTEO
Director of Parks & Recreation WENDELL
Superintendent of W.W.T.P. LEBER
PLEDGE OF ALLEGIANCE
MINUTES: Commissioner Turco made a MOTION, seconded
by Commissioner McGrath, to approve the minutes of the
November 8, 2001 Board of Commissioners Meeting.
MOTION was ADOPTED 15-0.
Commissioner Turco made a MOTION, seconded by Commissioner
McGrath to approve the minutes of the November 8, 2001
Preliminary Budget Meeting.
MOTION was ADOPTED 15-0.
Commissioner Ferrara announced that Allyn La Rash,
our Finance Officer passed away this morning.
Board of Commissioners December 13, 2001
Mr. Conway stated that Allyn La Rash came to Abington
Township, August 1985 from the private sector and served
as our Finance Director and for the past ten years as
Township Secretary. He was a graduate of Villanova University
with a B.S. Degree in Economics. He was active in the
Government Finance Officers Association and taught at
the University of Pennsylvania in the Graduate program.
It was often said that this place was his life. He brought
stability to the Township’s finances; he guided
the budget, our pension funds, insurance program, and
brought us into the computer age. He cared for our money
as if it were his own. We can all take comfort that
he is in a better place and his laughter still echoes
in the hallways.
Moment of Silence to remember Allyn La Rash.
COMMENDATIONS:
Commissioner O’Connor introduced Michael McCallister,
Eagle Scout, Iris Innes, Anne Baumann, and Michelle
Kaczalek and presented commendations for planting and
maintaining "The Triangle" at Cedar
Road and Old Huntingdon Pike.
Chief Kelly recognized Lieutenant Alex Levy who represents
Upper Moreland Police Department and presented commendations
to Officer Todd Smith and Officer Bryan McCauley for
their rescue/evacuation efforts of the Fourth Floor-Fire
at Abington Memorial Hospital on November 16, 2001.
Commissioners Ferrara and DeVore and Chief Kelly presented
commendations to Abington Police Officers: Christian
Posey, Edward Howley, Richard Beaghley, Scott Scholl,
Scott Dinsmore, Sergeant Steven Hochwind, Sergeant Patrick
Molloy, Officer Joseph Matz, Officer Vincent DiAntonio
for their evacuation/rescue efforts on the Fourth Floor-Fire
at Abington Memorial Hospital on November 16, 2001.
Officer Tom Rawls and Officer Kenneth Snyder could not
be here tonight.
Commendation for Bravery - Class II to Abington
Officer Vincent DiAntonio for his attempted fire rescue
from the Colonnade Apartments on November 21, 2001.
This is the Police Dept’s. highest award, and he
has received it twice in five years.
PUBLIC WORKS COMMITTEE
Meadowbrook I Sanitary Sewer District
Commissioner Kretschman made a MOTION, seconded by
Commissioner Turco to advertise Ordinance #1871 establishing
the Meadowbrook I Sanitary Sewer District and
Board of Commissioners December 13, 2001
Ordinance #1872 providing for the construction and
assessment of sanitary sewers for homes listed on Exhibit
A.
MOTION was ADOPTED 15-0.
Edge Hill Road Street Reconstruction - Jenkintown
Road to Easton Road
Commissioner Kretschman made a MOTION, seconded by
Commissioner DeVore to accept the engineering proposal
from Pennoni Associates, Inc., for Edge Hill Road Street
Reconstruction from Jenkintown to Easton Roads and to
proceed to the next step by requesting a cost proposal.
MOTION was ADOPTED 15-0.
Engineering Services - HUD - Funded Projects
Commissioner Kretschman made a MOTION, seconded by
Commissioner DeVore to accept the proposal from Carroll
Engineering in an amount not to exceed $56,600 for services
to include the following, to be funded by HUD:
Rubicam Ave. - Design & Stakeout $13,100
Franklin, Washington, Central & Pine Aves.
Engineering Design $43,500
TOTAL $56,600
MOTION was ADOPTED 15-0.
Crestmont Park Parking Lot Replacement
Commissioner Kretschman made a MOTION, seconded by
Commissioner Luker to extend the completion date for
SJM Construction to replace the parking lot at Crestmont
Park from October 5 to November 30, 2001.
MOTION was ADOPTED 15-0.
Wastewater Collection System Evaluation and Capacity
Management, Operation and Maintenance Plan
Board of Commissioners December 13, 2001
Commissioner Kretschman made a MOTION, seconded by
Commissioner Luker to authorize CET Engineers to perform
a Collection System Evaluation, Capacity Management,
Operation and Maintenance Plan at an engineering cost
not to exceed $35,000, to be funded from unallocated
Sewer Operating Fund retained earnings.
MOTION was ADOPTED 15-0.
CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE
Resolution No. 01-033 - Somerford Corporation v.
Abington Township - Forrest Avenue Facility
Commissioner Agostine made a MOTION, seconded by Commissioner
Ring to approve Resolution 01-033, which approves the
Second Stipulation and Consent Decree, filed
on December 5, 2001, in the action for Somerford Corp.
v. Abington, Civil Action No. 01-782, U.S. District
Court for the Eastern District of PA, as circulated
to the Board.
Commissioner O’Connor asked for a clarification
of Resolution 01-033.
Solicitor Herder replied that you are adopting a Resolution
to approve the consent decree that has been negotiated
between the attorneys representing the Township and
the attorneys representing Somerford.
MOTION was ADOPTED 15-0.
RESOLUTION NO. 01-033
AND NOW, this 13th day of December, 2001,
The Board of Commissioners of
Abington Township does hereby resolve as follows:
RESOLVED, that the Second Stipulation and Consent Decree
filed on December 5, 2001, in the action captioned Somerford
Corp. v. The Township of Abington, et al., Civial
Action No. 01-782 in the United States District Court
for the Eastern District of Pennsylvania, is hereby
approved and ratified.
RESOLVED, that the resolution dated September 13, 2001,
is hereby amended to delete Conditions 1 and 2 and to
add the following new conditions:
Board of Commissioners December 13, 2001
The Applicant will, at a time in the construction
project convenient to the Applicant, construct a walkway
on the east side of Forrest Avenue from Fox Chase
Road to the proposed facility, within the legal right
of way owned by the Township, which walkway will consist
of pervious macadam material and which will, to the
extent possible, be three (3) feet wide except that
the width may be reduced at points to two and one
half (2 ½) feet wide to circumvent existing utility
poles, and have a consistent depth of four inches,
which construction will include all necessary excavation,
backfill, raking and seeding.
The Applicant will, at a time tin the construction
project convenient to the Applicant
construct a rolled macadam curb on the east side of
the cartway of Forrest Avenue
from Fox Chase Road to the proposed facility, at a
height of six (6) inches, which
construction will include all necessary excavation,
backfill, raking and seeding. The
Applicant will not be responsible for obtaining any
additional permits, or for
the installation of any storm water management facilities
in conjunction with the
rolled macadam curb. Any such responsibility shall
remain with the Township. To
the extent that the Township determines that such storm
water management facilities
should be installed, the Applicant will cooperate with
the Township and coordinate its
work to accommodate such facilities, provided that
such cooperation and coordination
does to impose any expense or delay on the Applicant.
RESOLVED, that the remainder of the resolution of September
13, 2001 approving the
Land Development and Subdivision application is hereby
reapproved and reaffirmed as of December 13, 2001, which
settlement shall be considered the effective date of
the approval.
RESOLVED AND ADOPTED this 13th day of December,
2001.
ABINGTON TOWNSHIP
By:_____________________
Barbara C. Ferrara, President
Board of Commissioners
Attest:
________________________
Burton T. Conway, Secretary
Board of Commissioners December 13, 2001
Marc Jonas stated that he speaks on his own behalf.
He finds both offensive and reprehensible the conduct
and actions by persons who appear to be the leadership
of Congregation Kol Ami in its pursuit of an otherwise
legitimate land use objective. He finds objectionable
the misstatements, inaccuracies, and unwarranted innuendoes
relating to the fact that it is a zoning matter. He
has been involved in the zoning aspects of the convent
property since 1995. It is a zoning case and shame on
Congregation Kol Ami for trying to make it into something
else.
PUBLIC SAFETY COMMITTEE
COPS MORE Grant
Commissioner DeVore made a MOTION, seconded by Commissioner
McGrath to accept COPS MORE grant funding from
the Dept. of Justice in the amount of $314,677. A "local
match" of $78,669 is required, to be allocated
from Account #16-04-527-7304.
MOTION was ADOPTED 15-0.
STOP Sign - The Fairway at Rydal Road
Commissioner DeVore made a MOTION, seconded by Commissioner
McGrath to approve the installation of one STOP
sign on The Fairway at Rydal Road.
MOTION was ADOPTED 15-0.
NO RIGHT TURN - Rydal Road
Commissioner DeVore made a MOTION, seconded by Commissioner
McGrath to approve the installation of a NO RIGHT
TURN sign on Rydal Road 100 ft. northeast of the
south curb of The Fairway.
MOTION was ADOPTED 15-0.
PUBLIC AFFAIRS COMMITTEE
Contract Mowing - 2002-2004
Commissioner Wachter made a MOTION, seconded by Commissioner
Luker to reject the single bid received from Sharp Landscaping
due to its being far over budget.
MOTION was ADOPTED 15-0.
Sandblasting for Crestmont Pool
Board of Commissioners December 13, 2001
Commissioner Wachter made a MOTION, seconded by Commissioner
Agostine to accept the lowest responsible bid of J.P.
Smith for sandblasting Crestmont Pool, as follows:
Alternate #2 - Intermediate Pool $24,100
Alternate #3 - Intermediate Pool 500
Alternate #4 - Baby Pool 5,000
Alternate #5 - Baby Pool 300
TOTAL $29,900
MOTION was ADOPTED 15-0.
Planning Consultant
Commissioner Wachter made a MOTION, seconded by Commissioner
Agostine to approve an expenditure not to exceed $20,000
from the unallocated Fund Balance for the hiring of
E.Van Rieker, AICP, Planning and Zoning Consultant.
MOTION was ADOPTED 15-0.
AUDIT COMMITTEE
Township Treasurer Max M. Solomon stated we collected
for November $1,093,000 plus. Year to date we collected
$14,000,000. In November, we collected $46,000 for Real
Estate Taxes; year to date is over $18,000,000.We still
have $641,000 to collect before December 31, 2001. The
collections represent 97% of the total collection of
$19,000,000. On Monday, December 3, 2001, he completed
his 11th year as Township Treasurer and Tax Collector,
and there are two ladies in the Tax Office who have
been there over ten years.
Investments
Commissioner Luker made a MOTION, seconded by Commissioner
Ring to approve the investments for the month of October,
2001 as previously circulated to the Board. It was noted
that investments for the month totaled $950,000. Interest
rates ranged from 3.08% to 6.00%.
MOTION was ADOPTED 15-0.
Expenditures/Salaries and Wages
Board of Commissioners December 13, 2001
Commissioner Luker made a MOTION, seconded by Commissioner
Ring to approve the October, 2001 expenditures as previously
circulated to the Board, in the amount of $2,646,838.05
and salaries and wages in the amount of $1,357,498.21
and to authorize the proper officials to sign vouchers
in payment of bills and contracts as they mature for
the month of January, 2002.
MOTION was ADOPTED 15-0.
Training and Conference Expenses
Commissioner Luker made a MOTION, seconded by Commissioner
Ring to approve the Advance and Travel Expense activity
for October, 2001 as previously circulated to the Board.
Advances and Travel Expense Reports were $720 and $5,652.12,
respectively. Ten month YTD expenses total $29,986.02.
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 October,
2001 as previously circulated to the Board.
Petty Cash balances were approved as per Audit Committee
Report.
Clearing Fund receipts and disbursements for the month
of October, 2001 were $.23 and ($0.00), respectively.
Deferred Revenue/Expense receipts and disbursements
for the month of October, 2001 were $374,438.70 and
($384,217.91), respectively.
MOTION was ADOPTED 15-0.
Ordinance No. 1873 - Advertisement of $27 million
in Non-Electoral Debt and Refinancing of General Obligation
Bonds, Series A & B 1999, and Series of 1996
Commissioner Luker made a MOTION, seconded by Commissioner
Ring to authorize the advertising of Ordinance No. 1873,
calling for the issuance of approximately $27 million
in Abington Township General Obligation non-electoral
debt for the purpose of funding various capital projects,
and refinancing current outstanding debt for General
Obligation Bonds, Series A & B 1999, and Series
of 1996.
Board of Commissioners December 13, 2001
MOTION was ADOPTED 15-0.
Budget Transfer Authorization
Commissioner Luker made a MOTION, seconded by Commissioner
Ring to authorize the budget transfers for the year
2001.
MOTION was ADOPTED 15-0.
Budget Adjustment - Legal Expense Zoning
Commissioner Luker made a MOTION, seconded by Commissioner
Ring to authorize a budget adjustment not to exceed
$4,500 from unallocated fund balance for Legal Expense
- Zoning Hearing Board cases, Acct. # 01-06-087-5201.
MOTION was ADOPTED 15-0.
Budget Adjustment - Workers’ Compensation
Commission Luker made a MOTION, seconded by Commissioner
Ring to approve $100,000 transfer from General Fund
unallocated fund balance to Workers’ Compensation
Acct. #13-00-000-5803.
MOTION was ADOPTED 15-0.
Financial Advisory Agreement - Bond Issue 2002
Commissioner Luker made a MOTION, seconded by Commissioner
Ring to authorize the proper Township officials to enter
into an agreement with Penn Capital Advisors at a cost
not to exceed $14,750, plus out-of-pocket expenses,
to provide financial services in conjunction with refinancing
of current debt and borrowing of new money.
MOTION was ADOPTED15-0.
Bond Counsel Authorization
Commissioner Luker made a MOTION, seconded by Commissioner
Ring to authorize the proper Township officials to enter
into an agreement with McTighe, Weiss, O’Rourke,
Troncelliti & Morgan, P.C., at a cost not to exceed
$20,000, to provide bond counsel services.
MOTION was ADOPTED 15-0.
Board of Commissioners December 13, 2001
COMMENTS:
John Hill, 453 Osceola Avenue, Elkins Park, stated
that it is ironic that Somerford would have a suit against
the Township in reference to discrimination for Alzheimers
patients. He sees this as Somerford discriminating against
the community of McKinley because no resident in McKinley,
who becomes a patient of Alzheimers disease, could afford
to go into Somerford.
Jay O’Connor, 287 Huron Avenue, Elkins Park, asked
what did the Township and Somerford agree on?
Solicitor Herder replied that in the agreement the
cross walk will not be required, and the applicant is
going to construct a pervious macadam walkway from its
property up to Fox Chase Road and in addition to that,
they will install a rolled macadam curb of six inches
in height. In exchange for that; the Township has agreed
to withdraw its condition that would have required them
to dedicate the ultimate right-of-way along Forrest
Avenue and Cedar Road.
Mark Levin, President of Congregation Kol Ami stated
that he wants to make sure the Board has all the information
about our Congregation. He invited the Commissioners
to come and see the building. Kol Ami is a small reformed
Congregation that was formed in 1994. In August 1999,
we signed an agreement with the Sisters of the Holy
Family of Nazareth to purchase a former convent which
was afterwards a monastery. It has been a religious
use since 1957. We presented our preliminary plans to
Abington and Lower Moreland neighbors and as a result
of the concerns; we changed our plans and submitted
them to the Township. We asked the Township for a zoning
permit as a continuation of the prior non-conforming
religious use that existed on the property since 1957.
That request was denied and we appealed to the Zoning
Hearing Board. In March, 2001, the Zoning Hearing Board
ruled against us stating "religious uses were no
longer allowed in residential areas in Abington Township."
As a result, Congregation Kol Ami was forced to sue
the Township and the Zoning Hearing Board alleging a
variety of violations of State and Federal Constitution
and the Religious Land Use Act. In court the ordinance
was ruled unconstitutional and was not considered a
special exception. The Township asked the court to send
the case back to the Zoning Hearing Board and their
finding was that granting this application will not
adversely affect the health, safety, and welfare of
the community. Despite the Zoning Hearing Board and
the Court’s ruling; Abington Township appealed
this case to the Third Circuit Court of Appeals. On
August 21, 2001, we wrote to the Township trying to
open settlement negotiations once again. That letter
was never answered.
Julie Greenbaum, 1420 Lewis Road, Rydal asked Mr. Herder
is Marc Jonas currently an attorney for any parties
in the Kol Ami suit?
Board of Commissioners December 13, 2001
Solicitor Herder replied that Marc Jonas represents
the neighbors to the property who have appealed the
decision of our Zoning Hearing Board to the Common Pleas
Court.
Mitch Goldenberg, 8301 Fairview Road, Elkins Park,
spoke against the hiring of E. Van Rieker to review
the Zoning Code. Mr. Rieker is engaged by clients who
have filed suit against the Zoning Hearing Board. His
testimony is in direct contradiction to the findings
of the Zoning Board. How can he be viewed as independent
when he is being mpensated to profess an opposing view.
This is a conflict of interest and he should be disqualified.
Commissioner Gross commented that Allyn La Rash had
a lot to do with where we are right now. His leadership
and teaching methods will enable Susan Matiza, Finance
Director to continue throughout the years to come.
Commissioner Kretschman commented that the zoning process
this year has taken a turn for the worse. The Board
has been accused of being anti-religious and he feels
that is a very irresponsible tack to take on the part
of the accusers. The irresponsible comments in the press
only make matters worse.
Commissioner Luker thanked the Engineering Department
(Mike, Scott, and Tim Clark), and Edie Richards for
the completed re-construction job. It really enhanced
the community. Thanks to Doug Wendell and the Parks
and Recreation Dept. for their storm water management
work at the Crestmont Pool parking lot. He thanked Larry
Matteo for attending a landlord/tenant problem in front
of Judge Dougherty. He also thanked Allyn La Rash for
his guidance, patience, and teaching of the Audit Committee.
Commissioner Ferrara thanked the staff for their hard
work throughout the year.
ADJOURNMENT: 9:00 p.m.
Respectfully submitted,
Burton T. Conway, Secretary
sev
|
