Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - July 11, 2002

The stated meeting of the Board of Commissioners of Abington Township was held on Thursday, July 11, 2002 at the Township Administration Building, Abington, PA, with Commissioner Barbara C. Ferrara presiding.

CALL TO ORDER: 8:00 p.m.

ROLL CALL: Present: Commissioners AGOSTINE, WACHTER,
LUKER, TURCO (8:05 p.m.), ZAPPONE, RING,
GROSS, O'CONNOR, CARLIN, MYERS,
DEVORE, GILLESPIE, KRETSCHMAN,
FERRARA
Excused: MCGRATH

Township Manager CONWAY
Assistant Township Manager LAHAZA
Township Solicitor HERDER
Chief of Police KELLY
Treasurer SOLOMON
Township Engineer POWERS
Assistant Director of Finance BARRON
Planning & Zoning Officer PENECALE
Director of Parks and Recreation WENDELL
Superintendent of W.W.T.P. LEBER

PLEDGE OF ALLEGIANCE

COMMENDATIONS:

Chief Kelly stated we have been working on a Police and Fire Memorial outside of the Township Building and introduced Lt. John Livingood.

Lt. Livingood stated Thomas Paul and Mark Waite of the Thomas J. Paul Agency in Rydal printed 10,000 copies of the Police and Fire Memorial brochure at no cost to the Township. Commissioners Ferrara, Myers, and Gillespie presented a plaque to them for their support and contributions.

Chief Kelly stated on May 9, 2002, an armed intruder burst into an apartment and attacked three family members, fatally stabbing an eight year old boy and his mother. Officers Richard Beaghley, Christopher Porter, and Robert Hill, Jr. responded to the 911 call and aggressively apprehended the perpetrator and saved a twelve year old girl's life. Sergeant Bruce Mouat directed the officers to cover the escape route assisting with the capture of the suspect. Commissioners Ferrara and Myers presented to them a Police
Board of Commissioners Meeting July 11, 2002

Department Class III Commendation for their outstanding performance at a murder scene. Chief Kelly recognized Lt. Jim Leary, Commander of the Platoon that responded to the scene, for a job well done.

MINUTES:

Commissioner Kretschman made a MOTION, seconded by Commissioner Luker to approve the minutes of the June 13, 2002 meeting.

MOTION was APPROVED 14-0.

PUBLIC WORKS COMMITTEE:

Old York Road Revitalization - Phase III

Commissioner Gross made a MOTION, seconded by Commissioner Ring to authorize final payment for completion of Phase III improvements to the Old York Road/Fairway Traffic Island to McCarthy Masonry and Concrete, Inc. in the amount of $5,000. Payment will be made from the 2001 Economic Development Capital Improvement Fund, Account #07-01-502-7300.

MOTION was ADOPTED 14-0.

Trash & Recycling Contract - Abington School District

Commissioner Gross made a MOTION, seconded by Commissioner Ring to extend our current Trash and Recycling Contract with the School District for the period July 1, 2002 to June 30, 2003 at an increase of 4.25%, for a payment of $60,895.75.

MOTION was ADOPTED 14-0.

PennDOT Snow & Ice Winter Agreement

Commissioner Gross made a MOTION, seconded by Commissioner Ring to continue our agreement with PennDOT for snow and ice removal on certain roads for the 2002-03 season for a payment of $42,165.90.

MOTION was ADOPTED 14-0.

Sewer Rate Study

Board of Commissioners Meeting July 11, 2002

Commissioner Gross made a MOTION, seconded by Commissioner Ring to advertise Ordinance #1883 establishing a new methodology for charging for sewer services and to set a date for the Public Hearing.

Commissioner Gross commented we have been working on this Ordinance since September 1998 and the existing Ordinance goes back to1957, and he feels it is time to bring it up-to-date.

Commissioner Zappone asked why are we setting up a hearing to discuss a proposed sewer rate increase, when we have no additional information to present to our tax payers.

Commissioner Ferrara stated this is not a sewer rate increase, it is an adjustment, and we are required to have a hearing to pass this specific Ordinance.

Commissioner Zappone asked do we have any additional information?

Commissioner Ferrara replied yes. All of the additional information has been gathered from the various workshops, from as recently as last week, when the Philadelphia Suburban Water Co. representative was here.

Commissioner Carlin asked will the chart of the Sewer User Charges by Ward be available to the public?

Commissioner Ferrara replied that information will be available on our Web page.

Commissioner Carlin suggested taking out a full page ad in the newspaper to include the chart and the issues we have discussed.

Commissioner Ferrara stated those Commissioners who feel that their constituents are not aware of the situation, can do whatever they so choose to inform them. It is time that a decision was made on this issue.

Commissioner DeVore suggested posting the chart on Channel 43.

Commissioner Kretschman stated he does not agree with posting the chart on the cable channel, because those comparisons were made on statistic information.

Commissioner Gross commented the time has come to look at this issue and do the right thing.

Commissioner Zappone asked will this be fair to all of the taxpayers.
Board of Commissioners Meeting July 11, 2002

Commissioner Ferrara stated that is the purpose for a hearing.

Commissioner Zappone stated let the taxpayers see that chart.

Commissioner Ferrara stated it is available for anyone who would like to see it. We can discuss the issues with the public at the hearing.

Mr. Conway stated after the Ordinance is advertised, the easiest way to educate the public is to indicate to the individual property owner how they can figure out the impact on their particular property. All they have to do is take their water usage in terms of numbers of gallons and times it by the property rate, to figure out the old and the new. We can advertise the chart too, but Mr. Conway advised that it was based upon 2000 water usage data.

Commissioner Turco stated he agrees that the chart should be posted on Channel 43 with a formula to compute your own water usage and that the information be available at the Township.

Commissioner Ferrara agreed.

MOTION was ADOPTED 11-3. Commissioners Turco, Carlin and Zappone voted no.

PUBLIC HEARING - Ordinance 1881 - Vacation of Mayfield Avenue

Commissioner Ferrara opened the Public Hearing at 8:30 p.m.. She asked for comments from the Commissioners. There were none.

Commissioner Ferrara asked for public comments in favor of the Ordinance. There were none.

Commissioner Ferrara asked for public comments in disfavor of the Ordinance. There were none.

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

MOTION was PASSED 14-0. The Hearing was closed at 8:31 p.m.

Commissioner Gross made a MOTION, seconded by Commissioner Ring to adopt Ordinance 1881, vacating a portion of Mayfield Avenue approximately 189 feet from the centerline of Runner Street.

MOTION was ADOPTED 14-0.
Ordinance No. 1881

Ordinance No. 1881

Board of Commissioners Meeting July 11, 2002

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:

New Electrical Inspection Agency

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve Joseph Halferty, Sr., T/A United Inspection Agency to perform electrical inspections in Abington as a third party agency.

MOTION was ADOPTED 14-0.

Subdivision Plan SD-02-04 - Sam Braccia and Omega - Development Group - Fairview Avenue & Old Welsh Road

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the subdivision plan for Sam Braccia and Omega Development Group, Inc., as prepared by Eastern/Chadrow Associates, Inc., Professional Land Surveyors, proposing to subdivide the property into two lots. Both lots will be 9,979 sq. ft. each. Property is situated on the north side of Old Welsh Road, 337.70 ft. east of Fairview Avenue and runs through to Parkview Avenue. Property is zoned in the (R-4) Residential District in Ward 5 of the Township.

Motion is subject to the following conditions:

1. Applicant is required to post $10,000 escrow with the Township's Engineering Office to ensure completion of the public improvements on Parkview Avenue.

2. Applicant must present a copy of the easement agreement to the Planning and Zoning Office for the purpose of review and approval by the Township Solicitor.

MOTION was ADOPTED 14-0.

PUBLIC SAFETY COMMITTEE:

HANDICAPPED PARKING Sign - 1646 Prospect Avenue

Commissioner Myers made a MOTION, seconded by Commissioner Gillespie to approve the installment of one HANDICAPPED PARKING sign at 1646 Prospect Avenue (New Bethel A.M.E. Church).

MOTION was ADOPTED 14-0.

Board of Commissioners Meeting July 11, 2002

Removal of HANDICAPPED PARKING Signs - 319 Roslyn Avenue

Commissioner Myers made a MOTION, seconded by Commissioner Gillespie to approve the removal of two HANDICAPPED PARKING signs at 319 Roslyn Avenue.

MOTION was ADOPTED 14-0.

Removal of STOP Signs - Davidson Road at London Road

Commissioner Myers made a MOTION, seconded by Commissioner Gillespie to approve the removal of STOP signs at Davidson and London Roads.

MOTION was ADOPTED 14-0.

Bid Award - Police Firearms

Commissioner Myers made a MOTION, seconded by Commissioner Gillespie to award the contract for furnishing of firearms to the lowest responsible bidder, Pennsylvania Police Supply, Inc., Chalk Hill, PA, in the amount of $33,777.50.

MOTION was ADOPTED 14-0.

PUBLIC HEARING - Ordinance #1880 - Traffic Regulatory Signs

Commissioner Ferrara opened the Public Hearing at 8:35 p.m. She asked for comments from the Commissioners. There were none.

Commissioner Ferrara asked for comments in favor of the Ordinance. There were none.

Commissioner Ferrara asked for comments in disfavor of the Ordinance. There were none.

Commissioner Ferrara made a MOTION, seconded by Commissioner Gross to close the Hearing. The Public Hearing was closed at 8:36 p.m.

Commissioner Ferrara made a MOTION, seconded by Commissioner Gross to approve Ordinance #1880, amending Chapter 156 (Vehicles and Traffic), and Chapter 157 (Parking of Vehicles), of the Code of the Township of Abington, by incorporating into the Code all of the traffic regulatory signs and regulations approved by the Board of Commissioners since June 2001.

MOTION was ADOPTED 14-0.
Ordinance NO. 1880

Ordinance No. #1880

Ordinance No. #1880

Board of Commissioners Meeting July 11, 2002

PUBLIC AFFAIRS COMMITTEE:

Resolution 02-017 - 2002 One-Year - Action Plan and CDBG Budget

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to adopt Resolution 02-017 approving Abington Township's 2002 One-Year Action Plan and Community Development Block Grant budget.

MOTION was ADOPTED 14-0.

Resolution 02-017

Resolution 02-017

Board of Commissioners Meeting July 11, 2002

Abington LINK Bus Fare Increase

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to adopt Resolution 02-018 increasing the base fare for a cash rider on the LINK bus from $3 to $4.

MOTION was ADOPTED 14-0.

Board of Commissioners Meeting July 11, 2002

FINANCE COMMITTEE:

Treasurer's Report:

Treasurer Max M. Solomon stated for June 2002, $721,700 was deposited into Fleet Bank, YTD $8,588,385. We collected $1,419,036 in Real Estate Taxes, YTD $18,813,391.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner Ring to approve the investments for the month of May, 2002 as previously circulated to the Board. It was noted that investments for the month totaled $1,848,000. Interest rates ranged from 2.55% to 5.25%.

MOTION was ADOPTED 14-0.

Expenditures/Salaries and Wages

Motion to:

(A) Approve the May, 2002 expenditures as previously circulated to the Board, in the amount of $2,688,087.62 and salaries and wages in the amount of $2,532,083.42.
(B) Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of August, 2002.

Roll Call resulted in the MOTION being PASSED 14-0.

Training and Conference Expenses

Commissioner Luker made a MOTION, seconded by Commissioner Ring to approve the Advances and Travel Expense activity for May, 2002 as previously circulated to the Board. Advances and Travel Expense Reports were $1,460 and $3,546.72, respectively. Five (5) month YTD expenses total $16,586.59.

MOTION was ADOPTED 14-0.

Clearing Fund/Deferred Revenue and Expense/Petty Cash

Board of Commissioners Meeting July 11, 2002

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 May, 2002 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, 2002 were $.30 ($-0-), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of May, 2002 were $267.14 and ($36,861.62), respectively.

MOTION was ADOPTED 14-0.

Approval of 2001 Financial Statements and Management Letter

Commissioner Luker made a MOTION, seconded by Commissioner Ring to accept December 31, 2001 Township of Abington Audited Tax Office Financial Statements and Management letter as presented by the Township auditors, Bee, Bergvall & Co., P.C.

MOTION was ADOPTED 14-0.

Approval of 2001 Tax Office Financial - Statements and Management Letter

Commissioner Luker made a MOTION, seconded by Commissioner Ring to accept December 31, 2001 Township of Abington Audited Tax Office Financial Statements and Management Letter as presented by the Township auditors, Bee, Bergvall & Co., P.C.

MOTION was ADOPTED 14-0.

Approval of 2001 Single Audit Report

Commissioner Luker made a MOTION, seconded by Commissioner Ring to accept December 31, 2001 Township of Abington Single Audit report as presented by the Township auditors, Bee, Bergvall & Co., P.C.

MOTION was ADOPTED 14-0.

Resolution No. 02-016 - General Obligation - Note 2002 for Various Equipment

Board of Commissioners Meeting July 11, 2002

Commissioner Luker made a MOTION, seconded by Commissioner Ring to adopt Resolution No. 02-016, awarding Delaware Valley Regional Finance Authority the financing of capital equipment in the amount of $643,000. To be charge to Account No. 01-30-011-5213.

MOTION was ADOPTED 14-0.

Resolution 02-016

Board of Commissioners Meeting July 11, 2002

Ordinance No. 1882 - $643,000 of Non-Electoral Debt - General Obligation Note 2002

Commissioner Luker made a MOTION, seconded by Commissioner Ring to authorize the advertising of Ordinance No. 1882 calling for the issuance of $643,000 in Abington Township General Obligation non-electoral debt for the purpose of purchasing the following capital equipment: cold milling machine, one recycling truck, two refuse trucks, and various copier equipment.

MOTION was ADOPTED 14-0.

GASB 34 Component Units - Revised Date for Submission of Financial Statements

Commissioner Luker made a MOTION, seconded by Commissioner Ring to notify component units of the Township that GASB 34-compliant certified financial statements must be submitted by May 1 of the year following the close of the calendar year. The Township will withhold disbursements at May 1 until entity complies.

MOTION was ADOPTED 14-0.

REMARKS FROM STAFF:

Mr. Conway stated we need to set a Public Hearing date for the sewer rate study. He suggested September 19, 2002.

The Board agreed on that date.

PUBLIC COMMENTS:

Alan Boris, 659 Hamel Avenue, stated he received a letter from the Township that he was going to be fined $1000 a day for storing three antique cars on his property since 1991. Each day was to be treated as a separate offense. He is an antique car collector. Ordinance No.1760 was revised in 1996 and is too broad-based and does not distinguish between visually offensive vehicles and residents who are legitimately engaged in restoring vehicles as a hobby. Our Ordinance only allows for one unregistered vehicle.

Mr. Boris stated if the Township insists that he comply with the Code and remove
the cars, then he must be compensated to house the cars elsewhere. He suggested an
amendment to Ordinance #1760: that a property owner is permitted to restore one or
more vehicles, so long as they are properly stored in accordance with Township
Ordinances affecting property ascetics. If housed in a structure, they must be placed back
in storage if they are moved outside to perform certain phases of restoration. If those
properties do not possess sufficient land to erect a permanent structure, but have a paved
Board of Commissioners Meeting July 11, 2002

driveway to restore vehicles, and once a phase of work ends, the vehicles must be
covered with waterproof, fitted manufactured car covers.

Commissioner Ferrara suggested this issue should be put on the Code Enforcement
Committee meeting in September to be reviewed.

Commissioner Kretschman suggested the amendment include the antique dealer must be
licensed to have restored vehicles on the property.

Solicitor Herder stated the Pennsylvania Vehicle Code defines classic and antique
vehicles. He could revise the language to amend the Code. He would like to review the
amendment written by Mr. Boris. He suggested to the Commissioners to hold any
enforcement action on this issue that is applied to Mr. Boris in abeyance.

The Board agreed.

Ken Krawchuk, 117 West Avenue, stated the right of the people to be secure in their
persons, houses, papers, and effects against unreasonable seizes and searches shall not be
violated. No warrant shall issue, but on probable cause supported by oath or affirmation.
Last month an Ordinance was passed giving the Township the right to inspect your
Federal tax returns, books, etc. He asked how the Township supersedes the Constitution.

Solicitor Herder stated the taxes in question were enacted under Act 511. It states:
Any person who refuses to permit the officer or any agent designated by him to exam his
books, records and papers shall upon conviction thereof before any District Justice of the
Peace be sentenced to pay a fine of $500 for each offense. Mr. Krawchuk is quoting
the Fourth Amendment of the United States Constitution and what he said has to do with
criminal context and he won't argue policy or comment on policy.

Commissioner Ferrara stated to Mr. Krawchuk this law was enacted by the Pennsylvania
State Legislature and, if you feel this is inappropriate, then your place should be in
Harrisburg.

REMARKS FROM COMMISSIONERS:

Commissioner Luker thanked Doug Wendell and his staff for putting together new
playground equipment across from Crestmont Pool. He commented the Code
Enforcement staff has done an excellent job in Larry Matteo's absence.

Commissioner Zappone stated some of the senior citizens in his ward have asked why
our Board meetings can not be televised.
Board of Commissioners Meeting July 11, 2002

Commissioner Ferrara stated it has been a financial issue and we should consider it at
budget time.

Commissioner Gillespie thanked the Commissioners and Township staff for their support
in the 4th of July celebration.

Commissioner Myers stated July 9, 2002 was the 1st Anniversary of PAL and
congratulated the Police Dept. for being one of the first departments to receive a PA
State Accreditation. She congratulated Commissioner Gillespie for receiving the Butch
and Karen Beal 2002 Award for outstanding community service.

Commissioner Carlin stated someone is working on televising our Board
meetings. He congratulated the Finance Dept. for their successful early implementation
of GASB 34.

Commissioner O'Connor commended the Code Enforcement Dept. on the fine work they
do.

Commissioner Kretschman thanked Commissioner Gillespie and the Patriotic
Association for an excellent 4th of July event.

Commissioner Ferrara announced there will be an Executive Session held at the end of
this meeting to discuss a personnel matter.

ADJOURNMENT: 9:12 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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