Board of Commissioners Meeting December 9, 2004

The stated meeting of the Board of Commissioners of the Township of Abington was held on Thursday, December 9, 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,

LYNOTT, GILLESPIE, RING, GROSS

Township Treasurer SOLOMON

Township Manager CONWAY

Assistant Manager LAHAZA

Township Solicitor HERDER

Chief of Police KELLY

Township Engineer POWERS

Finance Director MATIZA

Director of Parks & Recreation WENDELL

Director of Public Works MICCIOLO

Superintendent of W.W.T.P. LEBER

PLEDGE OF ALLEGIANCE

COMMENDATIONS:

Commissioner Gross presented a commendation to Mrs. Gearhart in honor of her husband Walter R. Gearhart who was a valued member of the community. For 21 years he served on the Shade Tree Commission and regularly assisted the Code Enforcement Dept. by investigating trees and giving his written opinion. For over 50 years, Walter ran Gearhart’s Tree Service often assisting needy and distressed citizens. He will be missed for the giving person he was.

Commissioners Turco and Gross presented a commendation to former Commissioner Donald W. DeVore who served as Commissioner of Ward 11 from 1991 to 2004. During his 13 years, he served on the Code Enforcement Committee and chaired the Public Works, Public Safety, and Public Affairs Committees. He dealt with many challenging projects such as the Abington Hospital and the School District expansions, and flood mitigation. It has been a pleasure working with him, and they thanked him for representing Ward 11 and working towards a better Abington Township.

 

Board of Commissioners Meeting December 9, 2004

Commissioner Gross congratulated former Commissioner DeVore on becoming President of the PA State Association of Township Commissioners, and wished him the best of luck in his future endeavors.

Former Commissioner DeVore stated it has been a pleasure serving on this Board, and thanked all of the elected officials for their cooperation. He commended the staff for their efforts, and thanked Mr. Conway for being a wonderful leader.

ANNOUNCEMENT:

Commissioner Gross announced that an Executive Session took place on November 29, 2004 to discuss personnel matters.

MINUTES:

Commissioner Ring made a MOTION, seconded by Commissioner Gross to approve the minutes of the Board of Commissioners meeting of November 18, 2004.

MOTION was ADOPTED 15-0.

PUBLIC WORKS COMMITTEE:

Decatur/Stratford/Maplewood

Avenues Street Reconstruction Project

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to approve final payment in the amount of $21,376.40 to Joao & Bradley Construction for the Decatur/Stratford/Maplewood Avenues Street Reconstruction Project. To be funded by the CDBG 2004 program.

MOTION was ADOPTED 15-0.

Summit/Fairview/Pine Avenues Street

Reconstruction and Handicapped Ramps

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to approve the final payment in the amount of $5,610 to N. Abbonizio for the Summit/Fairview/Pine Avenues Street Reconstruction and Handicapped Ramps. To be funded from the October 2002 HUD program.

MOTION was ADOPTED 15-0.

 

Board of Commissioners Meeting December 9, 2004

Grant Award Money Deposit

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to deposit a DEP recycling Grant Award of $517,000 into Deferred Revenue Acct. #01-00-000-2510. Money to be used to offset start-up costs for the Pay as You Throw program if it is implemented.

MOTION was ADOPTED 15-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to AMEND the MOTION to read: Money may be used to offset start-up costs for the

Pay as You Throw program if it is implemented.

MOTION to AMEND passed 15-0.

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:

Land Development SD-04-05 - Stanley Casacio

and BBH1 - 1021 and 1031 Old York Road

Commissioner Agostine made a MOTION, seconded by Commissioner O’Connor to approve the land development plan for Stanley Casacio and BBH1 as prepared by Herbert E. MacCombie, Consulting Engineers and Surveyors, Inc., dated August 23,2004. Applicant proposes to consolidate the two parcels, demolish the two existing single-family dwellings and construct a 12,300-sq.-ft. office building. The proposed complex will have 41 off-street parking spaces, landscape buffers, and a dumpster enclosure area. The proposed will conform to all dimensional requirements of Section 402.3 of the Zoning Ordinance. Properties are located at 1021 and 1031 Old York Road, zoned in the (PB) Planned Business District in Ward 7 of the Township.

Motion is subject to the following conditions:

The applicant will submit architectural drawings before the Planning Commission

prior to applying for building permit.

The applicant will save the three mature trees fronting on Old York Road, as shown on site plan (36’ and 48’ sweet gun trees and 12’ spruce).

Applicant will comply with the landscaping standards contained in Section 801.U.1.j. of the Zoning Ordinance.

 

 

 

 

Board of Commissioners Meeting December 9, 2004

 

 

Motion is subject to the following waivers:

1. Waiver from Section 146-11(A)(4) - Location of parcel numbers and owners within

400’ of the site.

Waiver from Section 146-11(B)(7) - Location of all utilities within 400’ of the site.

Waiver from Section 146-11(E) - Soil Erosion Control Plan.

4. Waiver from Section 146-11(J) - Submission of a Recreation and Facilities Plan.

Waiver from Section 146-11(K) - Planning Modules.

MOTION was ADOPTED 15-0.

Land Development SD-04-06 - Second

Alarmers Rescue Squad - 876 Jenkintown Road.

Commissioner Agostine made a MOTION, seconded by Commissioner Zappone to approve the land development plan for the Second Alarmers’ property, as prepared by Lance R. Kraemer Associates, dated August 31, 2004. Applicant proposes to demolish the existing Second Alarmers Building and construct a new 6,224-sq.-ft. one-story building to house the Second Alarmers Rescue Squad. Property is located at 876 Jenkintown Road, zoned in the (TC) Town Commercial District in Ward 4 of the Township.

MOTION was ADOPTED 15-0.

Subdivision 04-08 - Application of Jennie Grace Homes -

Southeastern Corner of Mankin and Brown Avenues

Commissioner Agostine made a MOTION, seconded by Commissioner O’Connor to approve the subdivision and land development plan for Jennie Grace Homes, Inc., as prepared by Timothy M. Brouse, Registered Professional Engineer, dated, revised, November 23, 2004. Applicant proposes to subdivide the property into two parcels and construct a single-family dwelling on each lot. Both parcels will conform to all of the dimensional requirements of Section 304.3 of the Zoning Ordinance. Properties are located on the southeastern corner of Mankin and Brown Avenues, zoned in the R-4 Residential District in Ward 3 of the Township.

 

 

 

 

 

Board of Commissioners Meeting December 9, 2004

 

 

Motion is subject to the following waivers:

Waiver from Section 146-11(A)(4) - Location of parcel numbers and owners within

400 feet of the site.

Waiver from Section 146-11(B) - Existing Features Plan.

Waiver from Section 146-11-(F)(b) - Street Improvement Plan.

Waiver from Section 146-11(F) (C) - Sanitary Sewer Plan.

Waiver from Section 146-27 - Sidewalks & Curbs.

MOTION was ADOPTED 15-0.

PUBLIC SAFETY COMMITTEE:

STOP Sign - Sunset Avenue at

Wellington Terrace/Road

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve REMOVAL of a STOP sign on Wellington Terrace/Road at Sunset.

MOTION was ADOPTED 15-0.

STOP Sign on Washington Lane at Panther Road

Commissioner Myers stated the Public Safety Committee believes this item warrants further review. We would like this matter returned to committee for consideration, and Commissioner Weilheimer agrees.

Commissioner Gross stated this will be referred back to committee and discussed at the meeting in February.

Restricted Parking/Residential Parking Permit

Spear Avenue between Central & Cricket

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of NO PARKING signs on the north side of Spear between Central and Cricket Avenues, Monday thru Friday, between 7 a.m. and 9 a.m. and 3 p.m. and 9 p.m. Also, to create a residential parking permit area.

MOTION was ADOPTED 15-0.

 

Board of Commissioners Meeting December 9, 2004

Conditional Appointment of Four Police Officers

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to appoint four candidates from the Civil Service Eligibility List as probationary Police Officers, effective January 3, 2005, provided they complete the physical and psychological tests and all entry requirements of the Municipal Police Officers Education & Training Commission for Act 120 training. They are: Oswaldo Toldeo, Kirk Butler, C. Adam Kolman, Jennifer Booher.

MOTION was ADOPTED 15-0.

LIVESCAN (Fingerprint Machine) Grant

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to accept a grant of $38,100 from PA Chiefs of Police Association to replace and upgrade our Livescan machine. Grant requires 25% match ($9,025) which is in the 2005 Capital Budget.

MOTION was ADOPTED 15-0.

Commissioner DiJoseph asked is there a ratio between the population of the Township and the number of uniformed officers?

Chief Kelly replied he would like to discuss that at length at another time.

Commissioner Gross stated we will refer that matter to the next Public Safety Committee meeting.

PUBLIC AFFAIRS COMMITTEE:

THE COMMITTEE HAD NO BUSINESS AT THIS TIME.

FINANCE COMMITTEE:

Treasurer’s Report:

Treasurer Max M. Solomon stated for November, 2004 $1,782,893 was deposited into

Bank of America, YTD $17,209,009. We collected $55,733 in Real Estate Taxes, YTD

$19,845,166. That is more than $500,000 than last year. The staff in the Tax Office

collected $6 million in business taxes, which is $800,000 more than last year.

 

 

Board of Commissioners Meeting December 9, 2004

Investments

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the investments for the month of October, 2004 as previously circulated to the Board. It was noted that investments for the month totaled $171,000. Interest yields ranged from 3.00% to 5.00%.

MOTION was ADOPTED 15-0.

Expenditures/Salaries and Wages

Motion to:

Approve the October expenditures as previously circulated to the Board, in the

amount of $3,151,061.24 and salaries and wages in the amount of $1,906,206.24.

Authorize the proper officials to sign vouchers in payment of bills and contracts as

they mature for the month of January, 2005.

Roll Call resulted in motion being passed 15-0.

Training and Conference Expenses

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the Advance and Travel Expense activity for October, 2004 as previously circulated to the Board. Advances and Travel Expense Reports were $291.00 and $8,595.76, respectively. Ten (10) month expenses totaled $57,202.76.

MOTION was ADOPTED 15-0.

Clearing Fund/Deferred Revenue and Expense/Petty Cash

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 October, 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 October, 2004 were $11,250.13 and ($11,262.19), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of October 2004 were $399,456.50 and ($401,302.10), respectively.

Board of Commissioners Meeting December 9, 2004

 

MOTION was ADOPTED 15-0.

Contribution Request - Legal Fees

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve an expenditure of $2,000 to Upper Moreland Township towards legal fees in the business tax case of Northwood Construction v. Upper Moreland before the U.S. Supreme Court from Acct. #01-02-021-5201.

Ken Krawchuk, 117 West Avenue, stated he is against this motion. Why do we need to meddle in the affairs of our neighboring townships? What is your legal authority to take his money and put it in a fight against himself in another township?

Treasurer Solomon stated by helping Upper Moreland we help Abington Township because he permitted an exemption for a contractor who works in any state providing they file a corporate tax form. He gives a 100% deduction if a person files in other states. If we win this case, he will allocate those receipts through fixed assets, building and payroll, and receipts. This is well worth it.

Commissioner Gross suggested to Mr. Krawchuck to meet with our Tax Collector and Solicitor after the meeting for further explanation.

Mr. Krawchuck stated his question was not answered. What is your authority to do this? If you do not know the authority, how can you vote on it? The Township is giving away his money to another Township on a frivolous matter regardless of the benefits.

Solicitor Herder replied a municipality upon request of an adjoining municipality may give money for a cause that is beneficial.

Commissioner Gross commented we work with other townships on other matters that benefit Abington.

MOTION was ADOPTED 15-0.

Ordinance 1922 - Amendment of Fee Schedule

for Collection of Delinquent Accounts

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to advertise Ordinance 1922, amending Ordinances 1812 and 1813, approving interest and attorney fee schedule for work in collecting delinquent accounts.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting December 9, 2004

Budget Transfer

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to authorize the Budget Transfers for the year 2004.

MOTION was ADOPTED 15-0.

Resolution 04-027 - Procedures for Expenditures

in Excess of Original Contract Amounts

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to adopt Resolution 04-027 setting forth procedures for expenditures in excess of original contract amounts.

MOTION was ADOPTED 15-0.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 04-027

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 04-027

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of Commissioners Meeting December 9, 2004

STAFF COMMENTS:

Mr. Conway announced our budget hearing will be held on Thursday, December 16, 2004.

COMMENTS FROM CITIZENS:

Victor Krievens, 840 Maple Avenue, commended Matt Lahaza, Chief Kelly, and Max Solomon for their hard work this past year.

REMARKS OF COMMISSIONERS:

Commissioner Gillespie wished everyone a Happy Holiday.

Commissioner McGrath commented she will miss Don DeVore, and thanked Solicitor Herder for the poinsettias.

Commissioner Luker thanked the staff for another good year.

Commissioner Weilheimer thanked Chief Kelly and the Public Safety Committee for their assistance with problems on Washington Lane. She also thanked Mr. Powers, Mr. Micciolo, and Mr. Pontelandolfo for their assistance in another matter in her ward.

Commissioner Agostine thanked Greg Breyer for his assistance with a difficult constituent in her ward.

Commissioner Wachter wished everyone a safe and peaceful holiday season.

Commissioner DiJoseph thanked Mr. Lahaza for orchestrating a nice event in Keswick Village.

Commissioner Zappone thanked Mr. Conway for his assistance with a sewer issue that affected several constituents in his ward. He thanked Mr. Lahaza for a beautiful job on Jenkintown Road, and wished a Happy Holidays to all of our troops serving overseas.

Commissioner Gross congratulated Commissioner Gillespie on getting his deer, and to Max Solomon for his excellent efforts collecting the business taxes. He wished Dorothy Dougherty a Happy Birthday tomorrow. The Public Works Dept. did a magnificent job collecting the leaves. He thanked his fellow Commissioners for assisting him as Board President this past year.

 

 

 

Board of Commissioners Meeting December 9, 2004

 

 

ADJOURNMENT: 8:35 p.m.

 

Respectfully submitted,

 

 

Burton T. Conway, Secretary

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