Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - June 13, 2002

The stated meeting of the Board of Commissioners of Abington Township was held on Thursday, June 13, 2002, at the Township Administration Building, Abington, PA with Commissioner Barbara C. Ferrara presiding.

CALL TO ORDER: 8:05 p.m.

ROLL CALL: Present: Commissioners AGOSTINE, WACHTER,

LUKER, TURCO, ZAPPONE, RING, O’CONNOR,

CARLIN, MYERS, MCGRATH, DEVORE,

GILLESPIE, FERRARA

Excused: KRETSCHMAN, GROSS

Township Manager CONWAY

Assistant Township Manager LAHAZA

Township Solicitor HERDER

Chief of Police KELLY

Treasurer SOLOMON

Township Engineer POWERS

Director of Finance MATIZA

Director of Public Works MICCIOLO

Director of Code Enforcement MATTEO

Director of Parks and Recreation WENDELL

Superintendent of W.W.T.P. LEBER

COMMENDATIONS:

Chief Kelly and Commissioner Ferrara recognized Lorenzo Errico, McKinley Elementary School for receiving the AAA MidAtlantic 2002 Outstanding School Safety Patrol Award and presented him with a Certificate of Commendation.

Chief Kelly and Commissioner Myers recognized Ed Momorella and Lt. Tom McNamara of the Abington Township EMAP Council for the Council’s receiving the Governor’s Award for Local Excellence and presented them with a Certificate of Commendation.

Commissioner McGrath and Dan Bleicher presented Mario Gasbarra the Townwatcher of the Year award.

Dan Bleicher and Commissioner McGrath presented Asia Mason the Walter Schweizer Joint Town Watch Council Scholarship awarded each year to the Abington High School graduate who has contributed most through community service, has excellent grades, and will be entering a career of public service.

State Representative Ellen Bard acknowledged Asia Mason and presented Mario Gasbarra a commendation from the House of Representatives for his service on the Joint Town Watch Council.

Chief Kelly and Commissioner Ferrara presented a Certificate of Commendation to honor Thomas Paul and Patricia Scott, members of the Founders Club of PAL, for their donations and support to the Abington PAL (Police Athletic League).

Chief Kelly and Commissioner Ferrara presented Officer Gregory Murphy a Class II Commendation for Bravery for his difficult apprehension of an armed suspect in a bank robbery.

PLEDGE OF ALLEGIANCE

APPOINTMENT:

Commissioner DeVore made a MOTION, seconded by Commissioner Turco to nominate Christopher Paquette to the Historic Preservation Committee.

MOTION was ADOPTED 13-0.

Commissioner DeVore commented that Ed Momorella and the Emergency Management team did an excellent job during the heavy lighting storm on June 11, 2002 and he thanked them.

MINUTES:

Commissioner Ferrara made a MOTION, seconded by Commissioner Ring to approve the minutes of the Board of Commissioners meeting of May 9, 2002.

MOTION was ADOPTED 13-0.

ANNOUNCEMENT:

Commissioner Ferrara announced there was an Executive Session held this evening at 7:30 p.m. to discuss legal matters.

PUBLIC WORKS COMMITTEE

Highway Aid Fund - Budget Adjustment

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to authorize a budget adjustment of $24,475 from the Highway Aid Fund balance to Account #03-13-146-5304 for the purchase of traffic signal bulbs.

MOTION was ADOPTED 13-0.

Resolution 02-013 - Cooperative Purchasing Agreement with the City of Harrisburg

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to adopt Resolution #02-013 which establishes an intermunicipal agreement with the City of Harrisburg to cooperatively purchase automotive equipment through their bidding process.

MOTION was ADOPTED 13-0.

Resolution 02-013

Bid Award - WWTP Roof Replacement

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to accept the lowest responsible bid and enter into a contract with Pro Com Roofing Corp. for replacing the built-up roofs on B-5 and PS-1 in the amount of $26,500. Funds budgeted in Account #02-00-000-7326.

MOTION was ADOPTED 13-0.

Brentwood Manor Sewer Rehab - Engineering Design

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to authorize URS Corporation to provide design, bidding and construction management engineering services for the installation of a cured, in-place lining system at a cost not to exceed $24,500, to be funded from the Sewer Capital Fund.

MOTION was ADOPTED 13-0.

Baeder Creek Flood Study - Engineering Proposal

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to accept the proposal of URS Corporation, at a lump-sum fee of $14,500, for preparation of an alternative analysis of the Baeder Creek flood study. To be funded from the 2002 Capital Improvement Fund.

MOTION was ADOPTED 13-0.

Resolution #02-014 - Sanitary Sewer Tapping Fee

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to approve Resolution #02-014, amending Resolution #00-029, establishing the procedure for obtaining a sanitary sewer permit to connect to the sewer system.

MOTION was ADOPTED 13-0.

Resolution #02-014

Street Reconstruction, Storm Sewers and Handicapped Ramps - Final Payment

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to approve final payment in the amount of $62,172.08 to N. Abbonizio, Inc. for the Rockwell Rd./Elliott, Cummings, Lillian, Maple Avenues/Hammond Place street construction, storm sewers and handicapped ramps. Payment to be made after the one-year maintenance bond is received. Project was funded by the 2000 HUD Program.

MOTION was ADOPTED 13-0.

Bid Opening - Sanitary Sewer Project - Contract #126

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to accept the lowest bid from Joao & Bradley Construction, in the amount of $3,933,050, for Contract #126 work. To be funded from the unallocated sewer fund and bond issue.

MOTION was ADOPTED 13-0.

Ordinance #1881 - Vacation of Mayfield Avenue

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to advertise Ordinance #1881 vacating a portion of Mayfield Avenue, approximately189 feet from the center line of Runner Street.

MOTION was ADOPTED 13-0.

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE

Subdivision Plan SD-02-05 - Carol & Martin Javage - 1341 Warner & 1314 Carol Roads

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the subdivision plan of Carol and Martin Javage, as prepared by Donald John Boucher. Applicant proposing to subdivide and convey 44 sq. ft. from the corner of the property to the adjacent property at 1314 Carol Road. Property is known as 1341Warner Road, zoned in the (R-2) Residential District in Ward 1 of the Township.

MOTION was ADOPTED 13-0.

Subdivision Plan SD-02-01- Donald G. & Doris E. Motter - 910 Old Huntingdon Pike

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the subdivision plan for Donald G. & Doris Motter, as prepared by Donald John Boucher,

Registered Professional Land Surveyor, proposing to subdivide the property into two lots. Lot No. 1 will contain the existing single-family dwelling on a lot area of 26,760 sq. ft., and Lot No. 2 will have a lot area of 11,403 sq. ft. Property is known as 910 Old Huntingdon Pike, zoned in the (R-3) Residential District in Ward 3 of the Township.

Motion is subject to the following conditions:

Applicant will remove the portion of the driveway that is over the proposed

property line of Lot No. 2.

All storm water stemming from the proposed single-family dwelling on Lot No. 2

will be contained on the property.

The deeds will be required to be submitted for each property at the time of recording.

The building setback lines must be measured from the sanitary sewer lines.

This motion is subject to the following waivers:

Waiver from Section 146-41 of the Subdivision and Land Development Ordinance to

install a fire hydrant. A fire hydrant currently exists within 600 feet of the proposed

lot. (Fire Marshal Clark is in favor of this waiver.)

Waiver from Section 146-27 of the Subdivision and Land Development Ordinance

for the installation of full street improvements. (None currently exist on Old

Huntingdon Pike.)

MOTION was ADOPTED 13-0.

Abington Midget Sports Association - Construction at Alverthorpe Park

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the revised agreement between the Township and Abington Midget Sports Assoc. to construct a storage building and announcing booth in Alverthorpe Park. Entire construction cost will be the responsibility of the Association.

MOTION was ADOPTED 13-0.

Sprint Spectrum v. ZHB and Abington Township - Settlement Agreement

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the settlement agreement between Sprint Spectrum, L. P. and the Township in accordance with the terms outlined in a letter of May 16^th from Rex Herder.

MOTION was ADOPTED 13-0.

Marciante & Serance v. ZHB - Settlement Agreement

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the settlement agreement between Marciante & Serance and the Township in accordance with the terms outlined in a letter of May 17^th from Rex Herder.

MOTION was ADOPTED 13-0.

PUBLIC SAFETY COMMITTEE

Ordinance #1880 - Traffic Regulatory Signs

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to advertise Ordinance #1880, amending Chapter 156, Vehicles and Traffic, of the Code of the Township of Abington, to incorporate all of the traffic regulatory sign approved by the Board since June 2001 into the Code.

MOTION was ADOPTED 13-0.

Sobriety Checkpoint Grant

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 $35,000.

MOTION was ADOPTED 13-0.

STOP Sign - Woodside Road at Delene Road

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

MOTION was ADOPTED 13-0.

NO PARKING HERE TO CORNER Sign - Charles Street 60’ from Abington Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one NO PARKING HERE TO CORNER sign on the northwest corner of Charles Street 60 feet from Abington Avenue.

MOTION was ADOPTED 13-0.

Removal of HANDICAPPED PARKING Signs - Side Entrance of 1590 Edgewood Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the removal of two HANDICAPPED PARKING signs at the side entrance of 1590 Edgewood Avenue.

MOTION was ADOPTED 13-0.

Disposal of Unclaimed Confiscated Bicycles

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to direct the Police Department to donate to the Abington YMCA all unclaimed bicycles or bicycle parts which have been confiscated by the Department.

MOTION was ADOPTED 13-0.

Street Lights Under Hamilton Avenue Bridge

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve an amount NTE $1,600 from 2002 Contingency Fund for installation of lighting under the Hamilton Avenue bridge.

MOTION was ADOPTED 13-0.

PUBLIC HEARING - All Terrain Vehicle Ordinance #1875

Commissioner Ferrara opened the Public Hearing at 8:45 p.m. She asked for comments from the Commissioners. There were none.

Commissioner Ferrara asked for public comments in favor of the Ordinance.

Victor Krievins, 840 Maple Avenue, stated he asked for this Ordinance to be written. The purpose of this Ordinance is to protect the health, safety, and well being of the citizens of Abington Township by regulating these vehicles.

Commissioner Ferrara asked for public comment in disfavor of this Ordinance. There were none.

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

MOTION was PASSED 13-0. The Hearing was closed at 8:50 p.m.

Commissioner Ferrara made a MOTION, seconded by Commissioner Myers to approve Ordinance #1875 governing the use of all-terrain vehicles in Abington.

MOTION was ADOPTED 13-0.

PUBLIC AFFAIRS COMMITTEE

Sandy Run Creek Watershed Conservation

Commissioner Wachter made a MOTION, seconded by Commissioner Gillespie to approve Resolution #02-015 supporting the Sandy Run Creek Watershed Conservation Plan.

MOTION was ADOPTED 13-0.

Resolution 02-015

Hillside Condemnation

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to authorize an expenditure not to exceed $25,425 from Contingency Account #01-01-002-5299 for completed appraisal work and preparation for testimony and presentation to Board of View for Hillside litigation.

MOTION was ADOPTED 13-0.

Commissioner DeVore stated we are all aware of the tragedy that occurred, with regards to the child on the skateboard being killed, in Jenkintown. We are in the process of putting together a master plan for a skateboard park. To date, we have about $11,000 in pledges. He would like to see this get built as soon as possible and asked the Commissioners to provide a dollar for dollar match as part of the fund raising.

Commissioner Ring suggested this issue be referred to the next Public Affairs Committee.

FINANCE COMMITTEE

Treasurer’s Report:

Treasurer Max M. Solomon stated for May 2002, $1,057,548 was deposited into Fleet Bank, YTD $7,766,685. We collected $399,524 in Real Estate Taxes, YTD $17,394,355.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the investments for the month of April, 2002 as previously circulated to the Board. It was noted that investments for the month totaled $1,922,000. Interest rates ranged from 2.90% to 6.60%.

MOTION was ADOPTED 13-0.

Expenditures/Salaries and Wages

Motion to:

Approve the April 2002, expenditures as previously circulated to the Board, in the amount of $1,063,703.73 and salaries and wages in the amount of $1,382,103.

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

they mature for the month of July, 2002.

Roll Call resulted in the MOTION being PASSED 10-0. Commissioners McGrath, DeVore, and Ring were not present for the vote.

Training and Conference Expenses

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the Advance and Travel Expense activity for April, 2002 as previously circulated to the Board. Advances and Travel Expense Reports were $320 and $2,460.18, respectively. Four (4) month YTD expenses total $13,039.87.

MOTION was ADOPTED 12-0. Commissioner McGrath was not present for the vote.

Clearing Fund/Deferred Revenue and Expense/Petty Cash

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the Clearing Fund, deferred revenue/expense activity and petty cash balances for the month of April, 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 April, 2002 were $14,590.47 and ($14,590.12), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of April, 2002 were $2,703.65 and ($1,792.94), respectively.

MOTION was ADOPTED 12-0. Commissioner McGrath was not present for the vote.

Resolution #02-012 (Amending Resolution #99-014) - Resolution to Open and Carry a Brokerage Account

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to adopt Resolution #02-012, amending Resolution #99-014, authorizing the proper Township officials to enter into transactions involving the placement of Township investments with Solomon Smith Barney, Inc.

MOTION was ADOPTED 12-0. Commissioner McGrath was not present for the vote.

Resolution 02-012

Contract Revision with DMI t/a Computyme

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to authorize the Township Secretary or Assistant Secretary to enter into an amended

agreement with DMI, Inc. t/a Computyme for services effective June 1, 2002, per attached.

MOTION was ADOPTED 12-0. Commissioner McGrath was not present for the vote.

PUBLIC HEARING - Ordinance #1878 - Mercantile License Tax Penalty

Commissioner Ferrara opened the Public Hearing at 8:55 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 Ferrra asked for public comments in disfavor of the Ordinance.

Ken Krawchuk, 117 West Avenue, asked what happened to the Constitutional guarantee that citizens be secure in their papers and possessions.

Commissioner Ferrara replied nothing happened to it.

Mr. Krawchuk stated how can you force someone to show their papers, when the Constitution says the opposite.

Solicitor Herder stated Mr. Krawchuk does not have the right to engage the Board in debate.

Mr. Krawchuk stated he just asked a question.

Commissioner Ferrara stated we have been advised by Counsel that this Ordinance is appropriate and will not go against the Constitution.

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

MOTION was PASSED 12-0. Commissioner McGrath was not present for the vote. The Hearing was closed at 9:00 p.m.

Commissioner Ferrara made a MOTION, seconded by Commissioner Ring to adopt Ordinance 1878, amending Ordinance 1266, Mercantile License Tax, by providing for penalties for refusal to allow examination of books, records and papers of taxpayers by the Treasurer.

MOTION was ADOPTED 12-0. Commissioner McGrath was not present for the vote.

Ordinance 1878

PUBLIC HEARING - Ordinance #1879 - Business Privilege Tax Penalty

Commissioner Ferrara opened the Public Hearing at 9:00 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.

Ken Krawchuk, 117 West Avenue, stated this is wrong and he asked for this to be voted against.

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

MOTION was PASSED 12-0. Commissioner McGrath was not present for the vote. The Hearing was closed at 9:02 p.m.

Commissioner Ferrara made a MOTION, seconded by Commissioner Luker to adopt Ordinance 1879, amending Ordinance 1622, Business Privilege Tax, by providing for penalties for refusal to allow examination of, or to provide legible copies of books, records and papers and Federal and State income tax returns of taxpayers by the Treasurer.

MOTION was ADOPTED 12-0. Commissioner McGrath was not present for the vote.

Ordinance 1879

PENSION COMMITTEE

Equity Growth Portfolio Manager - Non - Uniformed Employees’ Pension Plan

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to authorize the Chief Administrative Officer to enter into an investment agreement with Alliance Capital Management, L. P. for the purpose of managing the equity growth segment of the Non-Uniformed Employees’ Pension Plan assets.

MOTION was ADOPTED 12-0. Commissioner McGrath was not present for the vote.

Equity Growth Portfolio Manager - Police Pension Plan

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to authorize the Chief Administrative Officer to enter into an investment agreement with Alliance Capital Management, L. P. for the purpose of managing the equity growth segment of the Police Pension Plan.

MOTION was ADOPTED 12-0. Commissioner McGrath was not present for the vote.

REMARKS FROM COMMISSIONERS

Commissioner Agostine thanked the administration, staff and Police Department for doing a fine professional job and wished everyone a Happy Father’s Day.

Commissioner Wachter stated we have allocated funds for a consultant regarding our change in the zoning code and asked if the Zoning Hearing Board was advised of this.

Commissioner Agostine replied we met with the consultant and the Zoning Hearing Board and the Planning Commission will meet with him and give their input.

Commissioner Wachter thanked Chief Kelly and Dave Rondinelli for their help with the Ward 2 Town Watch meeting.

Commissioner Ring congratulated Commissioner O’Connor on becoming a grandfather.

Commissioner Gillespie thanked the Commissioners on behalf of the Patriotic Association for their support in this year’s 4^th of July celebration.

Commissioner O’Connor thanked all the Departments for the fine work they do and wished everyone a Happy Father’s Day.

Commissioner Ferrara commented the firefighters, police officers, and Public Works Dept. did a great job cleaning up after the storm last Tuesday evening. She reminded everyone to put up their flags for Flag Day.

ADJOURNMENT: 9:10 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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