Board of Commissioners Meeting December 8, 2005
The stated meeting of the Board of Commissioners of
Abington Township was held on Thursday, December 8,
2005 at the Township Administration Building,
Abington, PA., with Commissioner Ring presiding.
CALL TO ORDER: 8:00 p.m.
ROLL CALL: Present: Commissioners
AGOSTINE, MYERS,
WACHTER, DIJOSEPH, TURCO, ZAPPONE,
CARLIN, JAY O’CONNOR, MICHAEL O’CONNOR,
WEILHEIMER, LUKER, MCGRATH, LYNOTT,
GILLESPIE, RING.
Township Treasurer BLUMENTHAL
Township Manager CONWAY
Assistant Township Manager LAHAZA
Township Solicitor HERDER
Chief of Police KELLY
Township Engineer POWERS
Finance Director MATIZA
Director of Parks & Recreation WENDELL
Director of Code Enforcement MATTEO
Director of Public Works MICCIOLO
Superintendent of W.W.T.P. LEBER
PLEDGE OF ALLEGIANCE
Mr. Lahaza stated our Manager Tom Conway could not
be here this evening because of the passing of his
mother. He asked for a motion on behalf of the Board
of Commissioners and Township staff to send a sympathy
basket in the amount not to exceed $100.
Commissioner Luker made a MOTION, seconded by
Commissioner DiJoseph to send a sympathy basket to
Manager Conway for the passing of his mother not to
exceed $100.
MOTION was ADOPTED 15-0.
PRESENTATIONS:
Chief Kelly stated in anticipation of the
Centennial for next year, the Police Department had a
department photo taken. He introduced Lt. Mike Webb,
who coordinated that effort.
Lt. Mike Webb stated in anticipation of the
Centennial, we created some of the old photographs
that involved a lot of members in the organization.
Board of Commissioners Meeting December 8, 2005
We had this done at Lindell Studios. Commissioner
Ring presented commendations to Barry Fineman and Jeff
Mattler for their assistance in photographing the
members of the Abington Township Police Department for
our Centennial celebration.
Commissioner Ring and Mr. Lahaza presented a plaque
and gift to Dolores "Dee" McGrath for her
service as Commissioner of Ward 14 from January 1,
1982 to December 31, 2005. Abington Township thanked
her for her 24 years of dedicated public service.
During her tenure, she served as the Assistant
Chairperson for the Public Safety Committee, a member
of the Public Affairs Committee, Personnel Committee,
Calendar Committee and the Abington Townwatch Council.
Commissioner McGrath thanked her constituents for
the honor and privilege to serve them over the past 24
years. She thanked her committee for working hard for
her and with her. She thanked her fellow
Commissioners. It has been great working with
Commissioner Turco, her friend. She thanked the
Township staff and Police Department who have become
part of her family and she will miss them. She thanked
the Public Library’s Board of Trustees and staff for
dedicating a special book in her honor. She thanked
the Joint Townwatch Council for making her their
liaison for over 20 years. She thanked her friends and
family for being patient and understanding of her late
meeting nights. She thanked her late husband Jim, who
touched her life and made a difference.
Commissioner Ring and Mr. Lahaza presented a plaque
and gift to Nicholas M. Turco for his service as
Commissioner of Ward 6 from January 1, 1982 until
December 31, 2005 for his 24 years of dedicated public
service. During his tenure, he served as Board Vice
President, Chairperson of the Public Safety Committee,
Chairperson of the Public Affairs Committee, a member
of the Code Enforcement Committee, Public Works
Committee, Personnel Committee and Property Committee.
He has served on the Edge Hill Fire Company, and he
distinguished the Township as President of the
Pennsylvania Association of Township Commissioners
from 1997 to 1998.
Commissioner Turco stated he wouldn’t be here if
it wasn’t for the residents of Ward 6, who elected
him to represent them for the past 24 years. He
expressed his sincere gratitude for their support. It
has been a privilege to serve not only them, but
Abington Township as a whole. Serving on this Board
afforded him the opportunity to serve for 20 years on
the PSACT’s Executive Board and serving as past
President. It gave him the opportunity to run three
State Conventions there. It also gave him the
opportunity to serve on a Board called PLIGIT, which
is a multi-billion dollar Investment Trust, which he
served as President and Trustee for 16 years. He was
very proud of that. Through serving on this Board, it
gave him the opportunity to meet people throughout the
State of Pennsylvania.
Board of Commissioners Meeting December 8, 2005
Abington Township overcame hurdles in the past, and
we are now recognized as a First Class Township, which
he is proud of. He attributes this to Manager Tom
Conway who has kept this Township running at its best.
Chief Kelly and the dedicated police officers keep our
community safe. Abington Township initiates programs
that are picked up throughout the State. He attributes
the Abington Beautification Program to Assistant
Manager Matt Lahaza. He commended Larry Matteo,
Director of Code Enforcement, John Livingood, Deputy
Chief, and Ken Clark, Fire Marshal and his good
friend, Ed Micciolo, Director of Public Works, Mike
Powers, the Township Engineer. Our administrative
assistance makes his job so easy. He thanked the Board
and previous Board members. It has been an honor to
serve.
Former Commissioner Don DeVore, his good friend,
called him this evening with regrets that he could not
be here this evening because he moved to Connecticut.
He congratulated Les Bensak, who will take his place
in January, and thanked his wife and family for their
support over the past 24 years.
ANNOUNCEMENT:
Commissioner Ring announced that the Reorganization
Meeting will be held on Tuesday, January 3, 2006 at
7:30 p.m.
Executive Sessions were held on December 1st
and December 8th for the purpose of
discussing contract negotiations and potential
litigation at 7:30 p.m.
APPROVAL OF MINUTES:
Commissioner Turco made a MOTION, seconded by
Commissioner Carlin to approve the minutes of the
Board of Commissioners Meeting of November 10, 2005
and the Preliminary Budget Meeting of November 10,
2005.
MOTION was ADOPTED 15-0.
PUBLIC WORKS COMMITTEE:
Engineering Proposals – East Avenue/Prospect
Avenue HUD Projects
Commissioner Wachter made a MOTION, seconded by
Commissioner Zappone to accept the lowest responsible
engineering proposal from BCM Engineers in the amount
of $34,900 for the East Avenue/Prospect Avenue HUD
projects, to be funded under the Community Development
Block Grant Program.
MOTION was ADOPTED 15-0.
Board of Commissioners Meeting December 8, 2005
1150 Dixon Lane – Storm Sewer Replacement –
Final Estimate
Commissioner Wachter made a MOTION, seconded by
Commissioner Zappone to approve the final payment in
the amount of $3,473.05 to Naticchione Brothers, Inc.
for the 1150 Dixon Lane Storm Sewer Replacement.
Maintenance Bond has been received.
MOTION was ADOPTED 15-0.
Meadowbrook Court – Street Dedication –
Ordinance No. 1933
Commissioner Wachter made a MOTION, seconded by
Zappone to advertise a Public Hearing on January 12,
2006 at 8:00 p.m. to adopt Ordinance No, 1933 for the
dedication of Meadowbrook Court.
MOTION was ADOPTED 15-0.
Grant for Safety Related Equipment
Commissioner Wachter made a MOTION, seconded by
Commissioner Zappone to accept a Risk Control Grant
from DVIT in the amount of $22,592.00 for 2005, and a
grant in the amount of $24,298.00 in 2006.
MOTION was ADOPTED 15-0.
Resolution No, 05-023- Application for Permission
to Install and Operate Traffic Signal at Old York Road
and Brook Road/Library Entrance
Commissioner Wachter made a MOTION, seconded by
Commissioner Zappone to adopt Resolution No. 05-023
authorizing the erection, operation and maintenance of
a traffic signal at Old York Road and Brook
Road/Library Entrance. The full cost and the
installation will be done by the Elliot Group.
MOTION was ADOPTED 15-0.
Resolution 05-023
Board of Commissioners Meeting December 8, 2005
CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:
Subdivision Plan SD-05-06 – Columba J. McDevitt
– 1504 Grovania Avenue
Commissioner Agostine made a MOTION, seconded by
Commissioner Michael O’Connor to approve the
subdivision plan of Columba McDevitt, as prepared by
Donald John Boucher, Registered Professional Land
Surveyor, dated revised, July 22, 2005. The applicant
proposes to subdivide the 10,880 square foot property
into two lots. Lot No. 1 with the existing
single-family dwelling will be located on 5,352 square
feet. Lot No. 2 is proposed for a single-family
dwelling on 5,528 square feet. Both properties will be
served by public water and public sanitary sewer. The
Zoning Hearing Board on September 20, 2005 granted a
variance from Section 304.4 of the Zoning Ordinance
for minimum lot area. The property is located at 1504
Grovania Avenue, zoned in the (R-4) Residential
District in Ward No. 14 of the Township of Abington.
This motion is subject to the following conditions:
The applicant is required to install concrete
monuments as directed by the Engineering
Department.
The applicant is required to provide a new deed
for each of the two lots at the time the plan is
submitted for recording.
A minimum of 4 mylars and 4 paper copies of the
plans must be submitted for recording. In
addition, a PDF format must also be submitted.
This motion is subject to the following waivers:
Waiver from Section 146-10 - No Grading Plan
has been submitted.
Waiver from Section 146-11 – Site Location
Map @1,000’ Scale
Waiver from Section 146-11.A – Provide owners
names W/1 400 feet
Waiver from Section 146-11.B – Provide
utilities location W/1 400 feet
Waiver from Section 146-11.D – Proposed
changes to the topography
MOTION was ADOPTED 14-1. Commissioner Jay O’Connor
opposed.
PUBLIC SAFETY COMMITTEE:
Abington Township – Traffic Safety Initiative
SAFE-T
Commissioner Myers made a MOTION, seconded by
Commissioner McGrath to authorize Township officials
to accept a grant award from DCED (Department of
Community and Economic Development) in the amount of
$10,000.00.
MOTION was ADOPTED 15-0.
Board of Commissioners Meeting December 8, 2005
Multi-Way Stop Sign on Delene Road at Upsal Road
Commissioner Myers made a MOTION, seconded by
Commissioner McGrath to approve the installation of
stop signs on Delene Road at Upsal Road.
MOTION was ADOPTED 15-0.
No Parking Anytime – Sunset Avenue between
Wellington Terrace and Evergreen Road
Commissioner Myers made a MOTION, seconded by
Commissioner McGrath to approve the reinstallation of No
Parking Anytime signs on the north side of Sunset
Avenue between Meetinghouse Road and Wellington
Terrace.
MOTION was ADOPTED 15-0.
Reduced Speed Limit – 35 MPH to 25 MPH – 800
Pembroke Road
Commissioner Myers made a MOTION, seconded by
Commissioner McGrath to approve the reduction of the
speed limit on Pembroke Road from 35 mph to 25 mph.
MOTION was ADOPTED 15-0.
Reduced Speed Limit – 35 MPH to 25 MPH – 700
Rhoads Avenue
Commissioner Myers made a MOTION, seconded by
Commissioner McGrath to approve the reduction of the
speed limit on Rhoads Avenue from 35 mph to 25 mph.
MOTION was ADOPTED 15-0.
Bids for Police Uniform Clothing Items
Commissioner Myers made a MOTION, seconded by
Commissioner McGrath to award the contract for
furnishing Police Uniform Clothing Items to Red the
Uniform Tailor, Inc.
MOTION was ADOPTED 15-0.
Bids for Police Equipment Items
Commissioner Myers made a MOTION, seconded by
Commissioner McGrath to award the contract for
furnishing Police Equipment Items to First Precinct
Uniforms & Equipment Co., Inc.
MOTION was ADOPTED 15-0.
Board of Commissioners Meeting December 8, 2005
PAL Grant
Commissioner Myers stated she will recluse herself
from voting on this item.
Commissioner Myers made a MOTION, seconded by
Commissioner McGrath to authorize Township officials
to accept a grant award from Abington Police
Athletic/Activities League in the amount of $15,000.00
MOTION was ADOPTED 14-1. Commissioner Myers
recluses from the vote.
Re-allocating Funds within Police Department
Commissioner Myers made a MOTION, seconded by
Commissioner McGrath to authorize the remaining
$6,305.73 balance in "MDT Interface 2005" to
be applied to the cost of a maintenance agreement for
the MDT’s costing $6,666.65.
MOTION was ADOPTED 15-0.
PUBLIC AFFAIRS COMMITTEE:
Second Year Contract (010106-123106) -
Abington/Cheltenham Transit Bus Service Laidlaw
Transit Services, Inc.
Commissioner Carlin made a MOTION, seconded by
Commissioner Turco to exercise the option to extend
contract with Laidlaw Transit Services, Inc. for
Abington/Cheltenham Transit Bus Service for the Second
Year (010106-123106) at a cost of $46,359.00.
MOTION was ADOPTED 15-0.
Economic Development – Tax Incentive Addendum
Commissioner Carlin made a MOTION, seconded by
Commissioner Turco to approve Resolution No. 05-025
which extends the Tax Abatement program under
Ordinance Number 1768 to include the Huntingdon Pike
Business District as described in the Resolution.
MOTION was ADOPTED 15-0.
Resolution 05-025
Board of Commissioners Meeting December 8, 2005
Channel 43
Commissioner Carlin made a MOTION, seconded by
Commissioner Turco to adopt Abington Township
Government Access Channel 43 Operating Guideline as
revised at Public Affairs on November 30, 2005.
Commissioner Lynott stated the biggest obstacle
that has stood in the way of getting these guidelines
approved is the degree of misunderstanding that has
permeated our discussions.
Mr. Kirk and Channel 66 are doing a fine job in
presenting our community with an interesting and
informative channel for local viewing. It is a service
to the residents and he should be commended for making
Channel 66 an asset to Abington Township. No one on
this Board has any interest in supporting anything
that would harm Channel 66 or any other business in
this Township. He joined this Board bearing a
philosophy that one of the basic responsibilities of
municipal government is to nurture honest, legitimate
businesses.
He has learned there has been controversy over some
clips that were shown on Channel 43 that were thought
to be harmful or improper. Channel 43, for the past 5
or 6 years, has been operating with no guidelines. He
has proposed written guidelines that would prohibit
the content that would prove harmful or objectionable.
These guidelines consist of self-imposed restrictions
limiting objectionable content on Channel 43. After
months of modification, discussions, hearings,
amendments and meetings, we have reduced the main
stumbling block to what is defined in the guidelines
as "incidental mention." The feeling on that
part of some that even an "incidental
mention" of a business on Channel 43 would be
harmful and should be prohibited. He feels that is
wrong. After doing extensive research, he feels we
should make everyone understand what is meant by
"incidental mention." Incidental mention
means unimportant, occurring by chance, subordinate to
the primary purpose, etc.
One of the proposed solutions was to adopt Lower
Merion Township’s guidelines. Lower Merion’s
guidelines are far less restrictive than Abington’s
proposed guidelines. He read a sentence from Lower
Merion’s guidelines on Page 3, "Commercial
messages are prohibited. Businesses, individuals and
organizations may be acknowledged for assistance in
the production of a program or the provision of
support for events or activities." That phrase is
more important as to what it does not say than what it
says.
Channel 43 and Channel 66 are not in competition,
but working together, they could contribute two parts
of a healthy diet of viewing time for Abington’s
residents. They can and should support each other, and
each has a different purpose.
Board of Commissioners Meeting December 8, 2005
He believes that this Board should exercise the
foresight and vision to set the stage for Channel 43
to operate in concert with the best interests of our
residents and our business community, and we can do
that by passing these guidelines.
Public Comments:
Elizabeth Barnhart, 2905 Thunderhead Road, stated
she would love to see school events televised on
Channel 43. We should not allow Channel 43 to become a
"political vehicle" in anyway. Who will
control what is an event or general public interest?
These guidelines are better than what they were. The 4th
of July Parade had coverage and certain things were
cut out, and she wants to make sure that that kind of
bias editing does not happen in the future.
Tom Kirk, 2325 Geneva Avenue, wished Commissioners
McGrath and Turco all the best and thanked them for
their many years of service to Abington Township.
He asked to show some short clips that would
explain his position and concerns about the guidelines
for Channel 43.
Abington says commercial messages may not be
broadcast on GAC 43. They are defined as follows:
"Any message promoting a specific product or
service and containing a call for action such as call
this number to order or offering a specific price or
using descriptive superlatives such as best price,
fastest service, biggest selection, etc."
These commercials are currently running on Channel
66, and by removing the call to action to call this
number they are now eligible to run on the GAC 43. The
guidelines for Lower Merion state, "Anything
promoting a product or service with the primary
objective of producing a monetary profit for a
specific organization or individual may not air on
their GAC Channel." That is not in Abington’s
guidelines.
He ran a short video of an interpretation of
"incidental mention." The commercials that
are playing currently on Channel 66 can be edited to
appear on Channel 43. Anyone who promotes their
business on Channel 43 will no longer have to promote
it on Channel 66, which will affect his business and
put the Government in competition with Channel 66 and
put Abington Township in direct competition with one
of their own local businesses. His business is
threatened by Abington’s proposed guidelines.
Commissioner Agostine stated she has been on the
Board for over 10 years, and common sense has always
led us in our decisions. We have operated without any
guidelines, and none of these extreme examples that we
have seen tonight, have occurred. She has never seen
anything offensive on Channel 43.
Board of Commissioners Meeting December 8, 2005
The fact that we have had this channel for so many
years, without any guidelines other than common sense
and good faith on the part of this Board, speaks
volumes. She is offended by being objected to these
videos presented this evening.
Commissioner Ring asked the Board if they need more
time before voting on it.
Commissioner Lynott stated the last video that was
shown this evening is expressly prohibited under these
guidelines.
Jon Fox, 2115 Guernsey Avenue, asked the Board to
postpone their decision for one month.
MOTION to adopt Abington Township Government Access
Channel 43 Operating Guidelines passed 13-2.
Commissioners Michael O’Connor and Luker opposed.
FINANCE COMMITTEE:
Treasurer’s Report:
Township Treasurer Jay W. Blumenthal stated for
November, 2005 $1,051,430 was deposited into the Bank
of America, YTD $16,673,163. We collected $84,835 in
Real Estate Taxes, YTD $21,056,708.
Investments:
Commissioner Luker made a MOTION, seconded by
Commissioner Carlin to approve the investments for the
month of October, 2005 as previously circulated to the
Board. It was noted that investments for the month
totaled $332,000.00 Interest yields ranged from 3.993%
to 5.578%.
MOTION was ADOPTED 15-0.
Expenditures/Salaries and Wages
Motion to:
(A) Approve the October, 2005 expenditures
as previously circulated to the Board, in the
amount of $2,525,970.56 and salaries and wages
in the amount of $1,351,358.64.
(B) Authorize the proper Township officials
to sing vouchers in payment of bills and
contracts as they mature for the month of
January, 2006.
Roll Call resulted in motion being passed 15-0.
Board of Commissioners Meeting December 8, 2005
Training and Conference Expenses
Commissioner Luker made a MOTION, seconded by
Commissioner Carlin to approve the Advance and Travel
Expense activity for October, 2005 as previously
circulated to the Board. Advance and Travel Expense
reports were $0.00 and $3,319.59, respectively.
Ten-month expenses totaled $46,700.53.
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, 2005 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, 2005 were $15,823.59 and ($0.00),
respectively.
Deferred Revenue/Expense receipts and disbursements
for the month of October, 2005 were $29,080.17 and
($17,630.79), respectively.
Resolution No. 05-022 – Whistleblower Policy
Commissioner Luker made a MOTION, seconded by
Commissioner Carlin to adopt Resolution No. 05-022 –
Whistleblower Police as official policy of the
Township of Abington, to be applicable to and to be
followed by all officers, department heads, and
employees of Abington Township.
MOTION was ADOPTED 15-0.
Resolution 05-022
Resolution 05-022
Board of Commissioners Meeting December 8, 2005
Budget Transfer Authorization
Commissioner Luker made a MOTION, seconded by
Commissioner Carlin to authorize the Budget Transfers
for the year 2005.
MOTION was ADOPTED 15-0.
PUBLIC COMMENTS:
Victor Krievins, 840 Maple Avenue, stated we had a
series of nine burglaries over 11 days and many were
in his neighborhood. Thanks to Abington Township’s
Police Department, the suspect was apprehended less
than a block from the Township Building.
He would like postings that say, "No Hunting
or Trapping permitted" on the property between
the Ardsley Park and the Hillside Cemetery.
Jon Fox, 2115 Guernsey Avenue, congratulated
Commissioners Turco and McGrath for doing an
outstanding job on their many years of service.
REMARKS OF COMMISSIONERS:
Commissioner Agostine stated to Commissioner
McGrath that it has been a privilege working with her.
Commissioner McGrath was helpful to her and it has
been a pleasure. She wished her well and will miss
her. To Commissioner Turco, she stated she understands
him whether we agreed or not. It has been a privilege
working with him, and she is honored to work on a
Board with two Commissioners who had so much
experience. "Happy Holidays."
Commissioner Myers stated Commissioner Turco never
blindsided her, was always honest with her, never
minced words, shoots from the hip, and she will miss
that and thanked him. To Commissioner McGrath, she
thanked her and they have grown very close and shared
a lot with each other. Commissioner McGrath was there
the first time she ran and we were there together this
time when we ran. 24 years ago, Commissioner McGrath
paved the way for women to run for office and made it
easier for all of us. Dee has been a wonderful
Commissioner and she has learned a lot from her. It
has been honor, and we will work together on many
projects in the future. "Happy Holidays."
Commissioner Wachter stated it has been a pleasure
working with Commissioners McGrath and Turco, and he
admires them for their dedication and hard work. He
wished them the "Best of Luck" and wished
everyone a "Happy Healthy New Year."
Board of Commissioners Meeting
Commissioner DiJoseph stated the first time she
encountered Commissioner Turco, she was afraid of him.
She always admired him for sticking up for his
constituents and the Township, and he never minced
words. She is not afraid of him anymore and respects
him. We will miss their memories from the past, which
help our decisions today. To Commissioner McGrath, who
is one of her best friends and a loyal person, has
dressed up Roslyn with what she has done in that
community, and it has been a privilege to serve with
both of them.
Commissioner Turco stated it has been a pleasure to
serve with Commissioner McGrath.
Commissioner Zappone wished Commissioner Turco lots
of luck. To Commissioner McGrath, he respects her like
he respects his mother.
Commissioner Carlin congratulated Commissioner
Turco on his many years of service with his enthusiasm
and courage. To Commissioner McGrath, it was an honor
to serve as her Treasurer in this past campaign. She
campaigned with the utmost enthusiasm and integrity
and he was proud. He thanked her for her advice,
support and counseling. He thanked her for her support
of the Roslyn community and our Township.
Jay O’Connor stated he respects Commissioner
Turco, and it has been a pleasure serving with him. To
Commissioner McGrath, he thanked her for her
friendship. He thanked Mr. Lahaza for his persistence
and dedication for making the McKinley section shine.
He wished everyone a "Happy, Healthy New
Year."
Commissioner Michael O’Connor stated he will miss
Commissioners McGrath and Turco, and stated it has
been a pleasure knowing both of them and serving with
them.
Commissioner Weilheimer stated she has learned so
much from Commissioner Turco and appreciates what both
Commissioners have done for our community.
Commissioner Luker wished Commissioners Turco and
McGrath success in the future and it has been a
pleasure working with you. "Happy Holidays."
Commissioner McGrath stated it has been a pleasure
serving with the Board over the past 24 years. She
thanked the Managers, Department Heads, Police Chief
and Department, and Administrative staff for their
service. She will miss them all.
Commissioner Lynott stated he recognizes the
character and integrity of Commissioners McGrath and
Turco who have contributed to the collective wisdom of
this Board. He wished them the Best of Luck.
Board of Commissioners Meeting December 8, 2005
Commissioner Gillespie stated it has been an honor
and privilege to serve with Commissioners McGrath and
Turco and wished them well.
Commissioner Ring wished everyone a "Happy
Holiday."
ADJOURNMENT: 9:35 p.m.
Respectfully submitted,
Burton T. Conway, Secretary
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