Board of Commissioners Meeting Minutes

The stated meeting of the Board of Commissioners of Abington Township was held on Thursday, July 14, 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, CARLIN,

JAY O’CONNOR, MICHAEL O’CONNOR, WEILHEIMER, LUKER, MCGRATH, LYNOTT,

GILLESPIE, RING.

Excused: ZAPPONE

Township Treasurer BLUMENTHAL

Township Manager CONWAY

Assistant Township Manager LAHAZA

Township Solicitor HERDER

Chief of Police KELLY

Engineering Dept. CLARK

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

Commissioner Ring introduced Tom Kane, John Wilson, Mark Wilson, Jim Dwyer, and Mike Rally of the Boy Scout Troop 304 who are working on their merit badge on Community and Local Government led the Pledge of Allegiance.

Commissioner McGrath and Dave Rondinelli presented Miriam Wood the Walter H. Schweizer Scholarship Award on behalf of the Abington Joint Townwatch Council in recognition of distinguished scholarship in civic involvement dated July 14, 2005.

Mr. Matteo stated Craig Fisher began working for Abington Township on May 17, 1965 as an Assistant Administrative Assistant then moved to the Code Enforcement Dept. in 1982. Commissioners Agostine and Ring and Mr. Matteo presented retiree Craig Fisher a certificate in recognition for his loyalty, honesty and dedication to the Township for the past 40 years.

Board of Commissioners Meeting July 14, 2005

Joanne Weaver-Stroh spokesperson for No Place For Hate stated we were proclaimed a No Place For Hate Township in 2002, and we are eligible to be recertified. More than 15 Boards and organizations have signed this proclamation. If a "hate crime" happens in Abington, we have a group of people called the Rapid Response Team trained to go out to the community after the police have been there to respond to the victims and to the neighborhood. There are 15 members on that team, and she introduced Joanne Stall, Rosemary Hinkle, David Rondinelli, and Chief Kelly.

Dave Rondinelli, who spearheads the Neighborhood Dispute program, does a fine job. We had a Hate Crimes training program with the police department which was done in four weeks. Are we willing to stand up for what we believe in? Do you practice what you preach? Do you have zero tolerance for prejudice? Are you a respectful person to your family, colleagues, staff, and constituents? She introduced Paula Garcia from the Anti-Defamation League.

Ms. Garcia stated the ADL developed this program in partnership with WPVI-TV 6 and Philadelphia Newspapers Inc. to help communities address the challenges and take advantages of the opportunities in a diverse world. The objective is to educate the community leaders and work together to promote harmony. She presented street signs to the Board and asked permission to place them throughout the community.

Josh Shapiro, State Representative, thanked the ADL for their efforts, and stated he supports the No Place For Hate program and announced that he will be donating $15,000 to help ADL continue their efforts.

Commissioner Ring presented Commissioner Wachter with a certificate from the Pennsylvania Association of Township Commissioners in recognition of his 12 years of outstanding service as a Township Commissioner.

Commissioner Ring announced there was an Executive Session held on Thursday, July 14, 2005 at 7:00 p.m. regarding legal and personnel matters. There is currently an opening on the Zoning Hearing Board, and anyone who is interested can forward their resumes to the Township Manager by August 15, 2005. A review committee will be set up.

Commissioner McGrath made a MOTION, seconded by Commissioner Luker to approve the minutes of the Board of Commissioners Meeting of June 9, 2005.

MOTION was ADOPTED 14-0.

Board of Commissioners Meeting July 14, 2005

Commissioner Wachter made a MOTION, seconded by Commissioner Luker to accept the lowest responsible bid and enter into a contract with L.C. Costa Contractors, Inc. in the amount of $780,186.78 for the 2005 Bond Storm Sewer Projects – Phase I. To be funded from the 2005 Capital Improvement Program.

MOTION was ADOPTED 14-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Luker to approve a not-to-exceed expenditure of $75,000 for the replacement of an existing storm sewer at 1150 Dixon Lane. To be funded from Contingency fund.

MOTION was ADOPTED 14-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Luker to renew our current agreement for trash and recycling pickup for the period of July 1, 2005 to June 30, 2006 at an increase of 4.7% over the current contract.

MOTION was ADOPTED 14-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Luker to enter into an agreement with J.J. Kane Auctioneers to sell by auction all of our vehicles and equipment that are no longer needed in the Township.

MOTION was ADOPTED 14-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Luker to approve the Phase III addendum to the Security On Line bid award in an amount not-to-exceed $13,330.00 with funds provided from Account #07-13-575-7401 that was approved under Capital Improvements.

MOTION was ADOPTED 14-0.

Board of Commissioners Meeting July 14, 2005

Commissioner Wachter made a MOTION, seconded by Commissioner Luker to amend Contract 129 by a decrease in total contract amount of $16,533.27 reducing the total contract from $1,434,000.00 to $1,417,466.73.

MOTION was ADOPTED 14-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Luker to advertise a Public Hearing for August 11, 2005 to amend Chapter 92, Article VII of the Code of Abington Township entitled Separation Storage and Collection of Recyclable Materials.

MOTION was ADOPTED 14-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Luker to authorize proper officials to apply for a 902 Recycling Grant for the purchase of three recycling trucks.

MOTION was ADOPTED 14-0.

Commissioner Agostine made a MOTION, seconded by Commissioner DiJoseph to approve the subdivision plan of William and Jill Steinberg as prepared by Charles E. Shoemaker, Inc., Engineers and Surveyors, dated June 13, 2005. The applicant proposes to subdivide an existing 3.9 acre single-family dwelling lot located in the R-1 Residential District into three single family parcels. The existing dwelling will remain on 1.8020 acres and the two new parcels will be 1 acre each. The property is located at 1221 Wrack Road, zoned in the R-1 Residential District in Ward No. 1 of the Township of Abington.

The motion is subject to the following condition(s):

1. The applicant will be required to remove the existing wall of the tennis court prior to

the recording of the approved plan.

2. The applicant will be required to provide an additional setback of 25 feet for Lot #2

along Wrack Road frontage.

Board of Commissioners Meeting July 14, 2005

3. The applicant will be required to deed restrict Lot #2 to prohibit a driveway access to

Dale Road.

4. The applicant will provide a detailed print of the proposed ADS pipe to the

Township Engineer for review and approval prior to the installation.

5. All of the above conditions are required to be listed on the plans submitted for final

recording and each deed.

6. The proposed construction plans for Lots 2 & 3 will indicate a tree protection

The motion is subject to the following waivers:

Waiver from Section 146-11.A – Surrounding parcel information within 400 feet.

Waiver from Section 146.11.B - Utility information within 400 feet

Waiver from Section 146-11.L – Architectural Plans.

Waiver from Section 146-24.4 – Street pavement widening.

Waiver from Section 146-27 – Installation of curb and sidewalk, five feet of additional right-of-way has been offered for dedication.

Waiver from Section 146-30 – Irregular Lot No. 3 Shape.

MOTION was ADOPTED 14-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of signs indicating "No Parking, 8 a.m. to 4 p.m., Monday-Friday" on the south side of Charles Street between Easton Road and Cottage Road.

MOTION was ADOPTED 14-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to create a One-Hour Parking – 700 Block of Crescent Avenue, 700 Block of Abington Avenue, and 729-744 Hillcrest Avenue.

MOTION was ADOPTED 14-0.

Board of Commissioners Meeting July 14, 2005

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to remove the Two-Hour Parking for 700 Block of Crescent Avenue, 700 Block of Abington Avenue, and 729-744 Hillcrest Avenue.

MOTION was ADOPTED 14-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one No Parking Here to Corner sign. The sign will be on Old Welsh Road, 100’ southwest of Fitzwatertown Road.

MOTION was ADOPTED 14-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of No Parking Between Signs on the southeast corner of Perry Street and Runner Street.

MOTION was ADOPTED 14-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one Handicapped Parking sign in front of 2327 Tague Avenue.

MOTION was ADOPTED 14-0.

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 $26,954.00.

MOTION was ADOPTED 14-0.

Board of Commissioners Meeting July 14, 2005

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to accept additional funding from Buckle-Up Pennsylvania in the amount of $6,000.00

MOTION was ADOPTED 14-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to transfer up to $31,000.00 from Contingency Fund into the Police Operating Budget Acct. #01-04-042-5305 to cover the cost of the 2005 Lieutenant’s Test.

MOTION was ADOPTED 14-0.

Commissioner Carlin announced that a Garrett Page from the Abington Free Library gave a fine presentation at our last Public Affairs Committee meeting.

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to adopt Resolution No. 05-012 approving Abington Township’s 2005-2009 Consolidated Plan and One-Year CDBG Action Plan and Budget for Program Year 2005.

MOTION was ADOPTED 14-0.

Resolution 05-012

Board of Commissioners Meeting July 14, 2005

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to accept a grant from DCED in the amount of $5,000.00 for the renovation of the Alverthorpe Park Pre-School Play Area.

MOTION was ADOPTED 14-0.

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to approve a DCNR grant award in the amount of $15,000.00 to be applied toward development of the Roslyn Skate Park.

MOTION was ADOPTED 14-0.

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to approve a DCNR grant award in the amount of $15,000.00 to be applied toward restoration of the Roychester Community House.

MOTION was ADOPTED 14-0.

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to approve two dates (one to be used as an alternate in case of inclement weather) for a one-day, controlled deer hunt in Alverthorpe Park during the fall 2005 season.

MOTION was ADOPTED 14-0.

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to approve a controlled deer hunt on Valley Road between Washington Lane and Mill Road (Boy Scout Nature Study Area and Karebrook) for the 2005-2006 hunting season.

MOTION was ADOPTED 14-0.

Board of Commissioners Meeting July 14, 2005

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to authorize a contract with Cohen Telecommunications Law Group not to exceed $3,500.00 (2005 Contingency Fund).

Mr. Conway stated he received another proposal from the Baller Herbst Law Group who quoted $5,500 for the first piece as compared to $2,200, and $375 an hour for the second piece. He recommends we contract with Cohen Telecommunications.

MOTION was ADOPTED 14-0.

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to adopt the Abington Township Government Access Channel 43 Operation Guidelines Version 3.0 as presented to the Board of Commissioners.

Commissioner Ring asked for comments from each Commissioner.

Commissioner Agostine stated there is still some ambiguity in the guidelines and she would like to discuss it further.

Commissioner Myers stated the Guideline Committee did a fabulous job with the guidelines. She is concerned about the advertising section. It could be tighter. There were too many exceptions in that particular section. She is not sure about the disclaimer for the Township, and she would like to see it go back to committee for further evaluation. She made a MOTION that the Abington Township Government Access Channel 43 Operation Guidelines Version 3.0 go back to committee for further evaluation.

Commissioner Wachter asked what guidelines are we under now?

Commissioner Ring replied none.

Commissioner Wachter stated since we are not under any guidelines now we should have something in place, and we can adjust it later.

Commissioner DiJoseph stated she will reserve her judgment until she shears what everyone else says.

Commissioner Turco stated it should go back to committee. One more month won’t hurt.

Board of Commissioners Meeting July 14, 2005

Commissioner Carlin stated the committee did a good job, but it is important to have a consensus on the rules, and if it goes back to the committee, he would like to move forward and set the guidelines.

Commissioner Jay O’Connor stated he is concerned that we do not have any guidelines now and that leaves us open to criticism. If it is passed tonight, there are still items to be addressed.

Commissioner Michael O’Connor stated it is dangerous for the government to get involved in the media. We operated for 10 years without any guidelines on this station. There is no reason to rush it.

Commissioner Weilheimer stated she was contacted by two School Board members who were upset that they were not asked for their input on these guidelines. She understands that Dr. Amy Sichel is comfortable with them, but we share the channel with the School Board and they should be included in establishing the guidelines.

Commissioner Ring read a letter from Dr. Amy Sichel, "There is no mention of the School District, but she hopes these guidelines assume that the School District will be able to enjoy the same programming opportunities as we have had in the past. She would appreciate it if the guidelines could be reviewed at a School Liaison Committee meeting for our input."

Commissioner Luker stated it should be brought back to committee.

Commissioner McGrath stated it should be brought back to committee.

Commissioner Lynott stated the President of the Board of Commissioners setup a subcommittee to write the guidelines, and we did a good job. This subcommittee referred the recommended original version of the guidelines to the Public Affairs Committee. He reminded the Commissioners that we have operated for 10 years without any guidelines. Comcast and the FCC have no rules or regulations for a government access channel. The only regulation is that we cannot violate existing Federal statutes on matters such as pornography, obscenities, and using the station to promote illegal activities. The committee has presented a document that contains self-imposed restrictions that he believes addressed every concern of the interested parties. Let’s get something done and put these guidelines into effect.

Commissioner Gillespie stated there are no committee meetings in August and this is election year. We should have a special meeting on this before the next Board meeting in August to create a comprehensive program for Channel 43.

Commissioner Ring stated the School Liaison Committee’s agenda is a joint agreement.

Board of Commissioners Meeting July 14, 2005

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to refer the Abington Township Government Access Channel 43 Operation Guidelines Version 3.0 back to the Public Affairs Committee.

Commissioner Carlin suggested inviting the School Board to the Public Affairs Committee meeting.

Roll Call vote resulted in motion being passed 9-5. Commissioners Wachter, DiJoseph, Jay O’Connor, Lynott, and Ring opposed.

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to approve Resolution No. 05-013 in support of the Crestmont Area Recreational Pathway Design Project.

Commissioner Carlin commented that Don Marquardt gave a professional presentation at the committee meeting.

MOTION was ADOPTED 14-0.

Resolution #05-013

Board of Commissioners Meeting July 14, 2005

Township Treasurer Jay Blumenthal stated he took over the Tax Office on July 1, 2005 and he gave Max Solomon’s final report. For June, 2005 we deposited $868,779 into Bank of America, YTD $10,335,937. This is an increase of 3,652 for the month, and YTD $217,282. We collected $1,843,211 in Real Estate Taxes for June, 2005, YTD $20,469,067. We had $28,861 increase as compared to last year.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the investments for the month of May 2005 as previously circulated to the Board. It was noted that investments for the month totaled $4,218,000. Interest yields ranged from 3.324% to 5.030%.

MOTION was ADOPTED 14-0.

Motion to:

Approve the May expenditures as previously circulated to the Board, in the amount of $1,650,982.99 and salaries and wages in the amount of $1,342,068.57.

Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of August, 2005.

Roll Call resulted in motion being passed 14-0.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the Advance and Travel Expense activity for May, 2005 as previously circulated to the Board. Advance and Travel Expense reports were $213.00 and $4,778.54, respectively.

Five-month expense totaled $12,245.74.

MOTION was ADOPTED 14-0.

Board of Commissioners Meeting July 14, 2005

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 May, 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 May, 2005 were $0.18 and ($0.00), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of May 2005 were $12,832.14 and ($12,596.54), respectively.

MOTION was ADOPTED 14-0.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to authorize proper Township officials to enter into an agreement not-to-exceed $4,000.00 with Bee, Bergvall & Company for mid-year audit of Real Estate Taxes from January 1, 2005 to June 30, 2005 per attached proposal.

MOTION was ADOPTED 14-0.

There were none.

Commissioner Agostine welcomed Jay Blumenthal.

Commissioner Myers thanked Tim Clark for the work that will be done in Ward 8. She thanked Mr. Matteo for his help in her ward.

Commissioner Wachter stated the streets in his ward are being re-done.

Commissioner Carlin thanked the Board for their support for the Roslyn/Ardsley Trail project, and the start date for construction is August 1, 2005. He thanked Solicitor Herder for drafting the Sexual Predator Ordinance. What is the next step?

Solicitor Herder replied to review and advertise the ordinance for a public hearing.

Board of Commissioners Meeting July 14, 2005

Commissioner Jay O’Connor thanked Chief Kelly for the officers who guided the McKinley Fire Department parade around the repairs on Townshipline Road.

Commissioner Weilheimer congratulated Tim Clark on his 15^th year working for the Township.

Commissioner Luker thanked Tim Clark, Ed Micciolo, and Angelo Pontelandolfo for the street resurfacing work that has been done. Don Marquardt did a nice job with his presentation.

Commissioner McGrath thanked Don Marquardt and welcomed Jay Blumenthal. She thanked Ed Micciolo and his crew for the overlay work done on several streets in her ward. She thanked Larry Matteo and Tim Clark for their hard work.

Commissioner Lynott thanked the staff and welcomed our new Treasurer and Tax Collector, Jay Blumenthal.

Commissioner Gillespie announced he will ride a bicycle to the shore and back on September 24-25, 2005 for MS, and he hopes to raise $2,000.

Commissioner Ring thanked the Boy Scout Troop 304 for being here this evening.

ADJOURNMENT: 9:10 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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