Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - June, 2004

The stated meeting of the Board of Commissioners of the Township of Abington was held on Thursday, June 10, 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, DEVORE, GILLESPIE, RING,

GROSS

Assistant Township Manager LAHAZA

Township Solicitor SOLOMON

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

Commissioner DeVore stated the Township will never forget the devastation of the flood in 1996. There are 26 homes on Baeder and Wanamaker Roads that are still in jeopardy if ever another flood occurs. We have been notified that we will receive $3 million to purchase some of these homes that are in the flood plain. He introduced Mr. John Basinski and Ms. Verna Cole.

John Basinski, 553 Baeder Road, stated we survived three 100-year floods, the flood in 1996, Hurricane Floyd in 1999, and again in 2001. He thanked Mr. Powers and Commissioner DeVore for their hard work in resolving this matter. His house is not on the re-purchase list, but he has seen the devastation that his neighbors endured. He asked for this effort to be fully funded, and for those homes to be removed from the flood plain.

Verna Cole, 568 Wanamaker Road, stated she has lived here for nine years, and suffered severe loss. She asked the Commissioners to do whatever is necessary to alleviate the

Board of Commissioners Meeting June 10, 2004

fear that comes with the rain, and thanked them for their hard work on behalf of the residents.

Commissioner Gross stated we are aware of what has happened since 1996, and the millions of dollars the Township has given to prevent this problem. It is a coordinated effort, and Mr. Conway has been helpful in guiding these projects through. He announced that Mr. Conway’s father passed away after a long illness.

Commissioner Ring made a MOTION, seconded by Commissioner Gross to contribute funds for a basket to be sent to Mr. Conway’s family.

MOTION was ADOPTED 15-0.

Chief Kelly stated Jack Krais has been awarded Townwatcher of the Year. He is not present tonight because he has been diagnosed with terminal cancer. Dave Rondinelli and Commissioners McGrath and DeVore presented the Townwatcher of the Year Award to Mrs. Anna Krais on behalf of Jack for his volunteerism and many achievements. He is also the Vice President of our Abington Joint Town Watch Council.

State Representative Ellen Bard honored Jack Krais as Townwatcher of the Year for 2004 on behalf of the House of Representatives, and presented the award to Mrs. Anna Krais.

Promotions to Rank of Sergeant

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to promote Detective Richard Kondan and Officer Gerald Fayette to the rank of Probationary Sergeant, effective June 11, 2004.

MOTION was ADOPTED 15-0.

Chief Kelly introduced former Abington Chief of Police Clark Cutting, who was present for the commendations. He introduced Richard Kondan and Gerald Fayette.

District Justice Joseph Dougherty sworn in Probationary Sergeants Richard Kondan and Gerald Fayette.

Commissioners Gross and Myers presented a commendation to Lt. James P. Leary in recognition of his police career in Abington Township. He is a Vietnam Veteran, and spent 30 years in the department. He was appointed in 1974, promoted to Sergeant in 1979, and promoted to Lieutenant in 1981. He served as Lieutenant for 23 years,

Board of Commissioners Meeting June 10, 2004

and is the longest standing member of the command staff in the history of the Abington Township Police Department. He is retiring today to take the position as Chief of Police of Rockledge Borough.

Commissioner Gross announced that Commissioner Weilheimer has stated she would like to see items added to the Board of Commissioners meeting minutes of May 13, 2004, and will submit them to staff. We will approve them next month.

Commissioner Gross made a MOTION, seconded by Commissioner Zappone to adopt Ordinance 1911, establishing the organization and bylaws of the Economic Development Committee.

Commissioner Gross opened the Public Hearing at 8:40 p.m.

Commissioner Gross asked for any comments from the Commissioners. There were none.

Commissioner Gross asked for any public comments in favor of this ordinance. There were none.

Commissioner Gross asked for any public comments in disfavor of this ordinance. There were none.

Commissioner Gross made a MOTION, seconded by Commissioner O’Connor to close the Hearing.

MOTION was ADOPTED 15-0. The Hearing was closed at 8:41 p.m.

MOTION to adopt this ordinance passed 15-0.

Ordinance 1911

Ordinance 1911

Ordinance 1911

Board of Commissioners Meeting June 10, 2004

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to accept the lowest responsible bid from Associated Paving Contractors in the amount of $36,350 and enter into a contract for the demolition of the house at 962 Irvin Road.

MOTION was ADOPTED 15-0.

Bid Award - Two Refuse Compaction Units

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to accept the lowest responsible bid and enter into a contract with Gran Turk Equipment Co. for $86,580 for two rear-loading 25-cu.-yd. Refuse Compaction units, per bid specs.

MOTION was ADOPTED 15-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to accept the lowest responsible bid and enter into a contract with Old Dominion Brush Co. n the amount of $18,690 for two four-cylinder Re-Power Leaf Machine Units, per bid specs.

MOTION was ADOPTED 15-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to reallocate $10,500 from Sewer Capital Acct. #17-10-847-7350 to Acct. #17-10-848-7331, and to accept the lowest responsible bid and enter into a contract with Inter County Paving Associates for line item 1a of the bid proposal to slip line 270’ of 10" pipe and perform site restoration, in the amount of $40,500, to be paid from Sewer Capital Acct. #17-10-848-7331.

MOTION was ADOPTED 15-0.

Growing Greener Grant - Nitrogen Monitoring/Control of Sludge

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to accept a PA DEP Growing Greener grant, Document No. 4100021697, in the maximum amount of $260,488, and to contract with BioChem Technologies, Inc. to perform the work.

Board of Commissioners Meeting June 10, 2004

Commissioner Turco stated this was not listed on the Public Works meeting agenda on June 2, 2004.

Commissioner Gross stated it was listed on the agenda.

Commissioner Turco asked did this project go out for bid?

Mr. Leber replied no.

Commissioner Turco asked is that company specified in the grant?

Mr. Leber replied yes. The company that receives the bid is the proprietary owner of the technology for which the grant was given.

Commissioner Turco stated he has a problem with it.

Solicitor Herder stated he has looked into it, and there is nothing illegal about it.

Commissioner Carlin asked what is the alternative?

Mr. Leber replied the only alternative would be to refuse the grant. The company is contributing 25% of the cost for the installation, and the grant is contributing the other 75%.

Commissioner Zappone asked does it state specifically that this company gets the contract?

Mr. Leber replied BioChem Technology was named in the grant.

Commissioner Carlin asked what was the process at the State level?

Mr. Leber replied there is a procedure to submit an application for the Growing Greener grant.

MOTION was ADOPTED 14-1. Commissioner Turco opposed.

Commissioner Agostine made a MOTION, seconded by Commissioner O’Connor to advertise Ordinance 1913, the Uniform Construction Code ordinance, and set July 8^th as the date for the public hearing.

Board of Commissioners Meeting June 10, 2004

Commissioner Agostine made a MOTION, seconded by Commissioner Luker to approve the subdivision plan of Robert & Suzanne Levin, as prepared by Pro Tract Engineering, Inc., dated April 16, 2004. The applicants propose to relocate the existing property line to allow for the construction of a garage to conform to the setback requirements of the Zoning Ordinance. Lot #1 contains the existing single-family dwelling that contains 43,560 sq. ft. Lot #2 contains the existing swimming pool and tennis court on a lot area of 43,349 sq. ft. The applicants do not propose to construct on or sell Lot #2. Property is located at 1508 Scrope Road, zoned in the R-1 District in Ward 1 of the Township.

Motion is subject to the following condition:

Applicant will agree to move the existing fence that surrounds the swimming pool to

the new property line whenever Lot #2 is sold.

Motion is subject to the following waiver:

Waiver from Section 146-27.1 which states that sidewalks shall be provided along all

streets. NOTE: Sidewalks do not exist in this area.

Commissioner Wachter asked does this application comply with all of the Township ordinances and zoning code?

Mr. Powers replied that is correct.

Commissioner Wachter stated we are required to approve an application if it complies with the MPC, and the code of Abington Township. Is that correct?

Solicitor Herder replied that is correct.

Commissioner Wachter asked is there any legal reason why we should not approve this application?

Solicitor Herder replied there is none.

MOTION was ADOPTED 15-0.

Commissioner Agostine made a MOTION, seconded by Commissioner O’Connor to direct Township officials to sign the Settlement Agreement between the Begleys and the Alberts regarding the subdivision plan for the Begley property at 364 Shelmire Street.

Board of Commissioners Meeting June 10, 2004

MOTION was ADOPTED 15-0.

Commissioner Gross made a MOTION, seconded by Commissioner Myers to adopt Ordinance 1912, amending Chapter 156 of the Township Code, to incorporate all of the traffic regulatory signs approved by the Board since June 2003.

Commissioner Gross opened the Public Hearing at 8:50 p.m.

Commissioner Gross asked for any comments from the Commissioners. There were none.

Commissioner Gross asked for any public comments in favor of this ordinance. There were none.

Commissioner Gross asked for any public comments in disfavor of this ordinance. There were none.

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

MOTION was ADOPTED 15-0. The Hearing was closed at 8:51 p.m.

MOTION to adopt this ordinance passed 15-0.

Ordinance 1912

Ordinance 1912

Ordinance 1912

Board of Commissioners Meeting June 10, 2004

STOP Sign - Lukens Avenue at Rossiter Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one STOP sign on Lukens Avenue at Rossiter.

MOTION was ADOPTED 15-0.

STOP Sign - Oliver Road at Hoyt Road

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one STOP sign on Oliver Road at Hoyt.

MOTION was ADOPTED 15-0.

NO PARKING BETWEEN SIGNS - 452 to 508 Maple Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of signs reading NO PARKING BETWEEN SIGNS between 452 and 508 Maple Avenue, west side.

MOTION was ADOPTED 15-0.

NO PARKING HERE TO CORNER - Maple Avenue (West Side)

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one NO PARKING HERE TO CORNER sign on the west side of Maple Avenue 30’ south of Jenkintown Road.

MOTION was ADOPTED 15-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to accept a grant from the Bureau of Highway Safety and Traffic Engineering in the amount of $36,575 for our Sobriety Checkpoint and DUI Enforcement program. No matching funds are required.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting June 10, 2004

Commissioner Gross appointed himself as delegate to the PA State Association of Township Commissioners Annual Meeting, and Commissioner McGrath as alternate delegate.

Treasurer Max M. Solomon stated for May, 2004 $986,023 was deposited into Fleet Bank, YTD $9,253,528. We collected $617,776 in Real Estate Taxes, YTD $17,678,470.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the investments for the month of April, 2004 as previously circulated to the Board. It was noted that investments for the month totaled $707,000. Interest yields ranged from 2.00% to 5.00%.

MOTION was ADOPTED 15-0.

Motion to:

Approve the April, 2004 expenditures as previously circulated to the Board, in the amount of $2,647,829.98 and salaries and wages in the amount of $1,939,413.03.

Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of July, 2004.

Roll Call resulted in motion being passed 15-0.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the Advance and Travel Expense activity for April, 2004 as previously circulated to the Board. Advances and Travel Expense Reports were $840 and $9,874.22, respectively. Four (4) month expenses totaled $22,098.09.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting June 10, 2004

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 April, 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 April, 2004 were $.78 and ($.90), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of April, 2004 were $6,350.78 and ($19,856.93), respectively.

MOTION was ADOPTED 15-0.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to accept December 31, 2003 Township of Abington Audited Financial Statements and Management Letter as presented by the Township Auditors, Bee, Bergvall & Co.

MOTION was ADOPTED 15-0.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to accept December 31, 2003 Township of Abington Audited Tax Office Financial Statement and Management Letter as presented by the Township Auditors, Bee, Bergvall & Co.

MOTION was ADOPTED 15-0.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to accept December 31, 2003 Township of Abington Single Audit Report as presented by the Township Auditors, Bee, Bergvall & Co.

MOTION was ADOPTED 15-0.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to adopt Lincoln Retirement 457(b) Governmental Deferred Compensation Plan effective January 1, 2004.

Board of Commissioners Meeting June 10, 2004

Victor Krievens, 840 Maple Avenue, complimented Mr. Matteo on handling complaints about residents who do not cut their grass. He thanked Commissioner Turco and Ellis Coffee Company for donating all of the beverages for the 24-Hour Relay. The Golden Heart Award is given by Dr. Janice Malice to recipients who do a lot for the community. The five recipients are: Ken Clark, Doug Wendell, Detective Bob Allmond, Matt Lahaza, and Max Solomon. They will be honored on Friday, August 6, 2004 at Williamson’s Restaurant.

REMARKS OF COMMISSIONERS:

Commissioner McGrath congratulated Richard Kondan and Gerald Fayette on their promotions. She wished Jim Leary the best of luck in his new position, and congratulated Jack Krais.

Commissioner Luker congratulated Kevin Barron who recently earned his bachelor’s degree. He and Susan Matiza both earned their degrees while working for us and should be applauded for their efforts.

Commissioner Weilheimer commented this was her first year volunteering at the 24-Hour Relay. She thanked Commissioner Gillespie for his involvement and enthusiasm at the event.

Commissioner O’Connor thanked Mr. Powers and the Engineering Dept., for their help with 962 Irvin Road.

Commissioner Agostine wished everyone a Happy Father’s Day.

Commissioner Myers wished Commissioners DeVore and Turco a successful State Association Commissioners Convention.

Commissioner DiJoseph commented she attended the graduation of the Adult Literacy Program at the Library, and it was very inspiring. She thanked Commissioner Gillespie and Mr. Lahaza for the Triangle in Glenside Gardens. She mentioned the streets have been paved in Glendside Gardens so we can have our community-wide yard sale on June 12, 2004.

Commissioner Gross thanked staff for their outpouring of sympathy for Mr. Conway’s personal situation. He commented his father will be buried at Arlington National Cemetery on June 21, 2004, and was a retired Colonel in the Air Force.

Board of Commissioners Meeting June 10, 2004

ADJOURNMENT: 9:10 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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