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Board of Commissioners
Meeting Minutes
Board of Commissioners Meeting - March 13,
2003
The stated meeting of the Board of Commissioners of
the Township of Abington was held on Thursday, March
13, 2003 at the Township Administration Building, Abington,
PA., with President Barbara C. Ferrara presiding.
CALL TO ORDER: 8:01 p.m.
ROLL CALL: Present: Commissioners AGOSTINE,
WACHTER,
LUKER, TURCO, ZAPPONE, GROSS, O’CONNOR,
CARLIN, MYERS, MCGRATH, DEVORE, FERRARA
Excused: RING, GILLESPIE, KRETSCHMAN
Township Manager CONWAY
Assistant Township Manager LAHAZA
Township Solicitor HERDER
Police Lieutenant LIVINGOOD
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
PLEDGE OF ALLEGIANCE
SWEARING IN:
District Justice Dougherty sworn in Edward J. Wurster
as Chief of the Roslyn Fire Company.
COMMENDATIONS:
Mr. Micciolo and Commissioners Gross and Ferrara presented
commendations to the snow emergency personnel for their
hard work, long hours, and outstanding job they have
done this past winter.
Commissioners Ferrara and Agostine presented Nancy
Deibert, President of the Board of Directors, and Ruth
Weiss, Director of Development of Jenkintown Day Nursery
a commendation on the occasion of Jenkintown Day Nursery’s
100th Anniversary.
Commissioners DeVore and Ferrara presented a check
for $2,000 for the Roslyn Skatepark to Mr. Wendell on
behalf of Liz Kerr of Franklin’s Paine.
Commissioner Ferrara appointed Peter Brandow to the
Economic Development
Committee to replace George Shelps.
MINUTES:
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine to approve the minutes of the Board of Commissioners
meeting of February 13, 2003.
MOTION was ADOPTED 12-0.
PUBLIC WORKS COMMITTEE:
Summit/Fairview/Pine Avenues - Street Reconstruction
& Handicapped Ramps
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine to accept the lowest responsible bid and enter
into a contract with N. Abbonizio in the amount of $694,570
for the Summit/Fairview/Pine Avenues Street Reconstruction
and Handicapped ramps. To be funded from the October
2002 HUD program.
MOTION was ADOPTED 12-0.
Street Vacation - Standish Avenue
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine to advertise Ordinance 1892, vacating a portion
of Standish Avenue 150 feet from Mankin Avenue. The
applicant will be responsible for all legal fees, and
the property will be deed restricted to open space.
MOTION was ADOPTED 12-0.
Bid Award - Grit Disposal
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine to accept the lowest responsible bid and enter
into a one-year contract beginning April 1, 2003 with
Waste Management of Pennsylvania, Inc. for grit disposal
in the amount of $85/ton, to be paid from Sewer Fund
Acct. #02-10-200-5305.
MOTION was ADOPTED 12-0.
Bid Award - Blacktop
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine to accept the lowest responsible bids and enter
into contracts with Eureka Stone Quarry, Inc., in the
amount of $460,550 for Part I, and with Glasgow, Inc.
in the amount of $20,000 for Part II, for purchase of
bituminous concrete as per bid specifications.
MOTION was ADOPTED 12-0.
Bid Award - Ready Mix Concrete
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine to accept the lowest responsible bid and enter
into a contract with Delaware Valley Concrete, Inc.
in the amount of $16,432.50 for the purchase of ready
mix concrete as per bid specifications.
MOTION was ADOPTED 12-0.
Permit Renewal
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine to authorize engineering fee expenditures NTE
$6,000 from Wastewater Acct. #02-10-200-5305 to CET
Engineers to perform services in connection with NPDES
permit renewal.
MOTION was ADOPTED 12-0.
2003 Capital Improvement Program
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine to approve the 2003 Capital Improvement program
from the following:
Permanent Improvement Fund $989,475
2002 In-Lieu-of-Tax Fund 300,000
Sewer Capital Fund 514,300
Sewer Operations - Retained Earnings 429,000
MOTION was ADOPTED 11-1. Commissioner O’Connor opposed.
Ordinance 1890 - Penmore Place Street Dedication
Commissioner Ferrara made a MOTION, seconded by Commissioner
Agostine to adopt Ordinance 1890 providing for the dedication
of Penmore Place.
Commissioner Ferrara opened the Public Hearing at 8:20
p.m.
Board of Commissioners of Meeting March 13, 2003
Commissioner Ferrara asked for any comments from the
Commissioners. She commented this has been requested
by the residents of Penmore Place and their street is
constructed to Township standards.
Commissioner Ferrara asked for any comments in favor
of this ordinance. There were none.
Commissioners Ferrara asked for any public comments
in disfavor of this ordinance. There were none.
Commissioner Ferrara made a MOTION, seconded by Commissioner
Wachter to close the Hearing.
MOTION was ADOPTED 12-0. The Hearing was closed at
8:21 p.m.
MOTION was ADOPTED 12-0.
Commissioner Ferrara asked what is the vacation date
for Standish Avenue?
Mr. Conway replied April 10, 2003.
Ordinance 1890
CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:
Land Development - LD-03-02 - Cawley Masonry, Inc.
- 1518 Easton Road
Commissioner Agostine made a MOTION, seconded by Commissioner
Luker to approve the Land Development plan for Cawley
Masonry, Inc., as prepared by Knudsen
Engineering, Inc., entailing the demolition of the
existing single-story building and constructing two
buildings for use as contractors’ offices. The proposed
two-story building will provide parking, storage space
and office areas for 10 contractors’ shops. Property
is located at 1518 Easton road, zoned in the (SC) Special
Commercial District in Ward 14.
Motion is subject to the following conditions:
Applicant will comply with all conditions imposed by
the Zoning Hearing Board.
Applicant will comply with the staff review letter
of February 4, 2003.
Tenants will not store trash from work sites on this
property.
MOTION was ADOPTED 12-0.
Revised Subdivision Plan SD-02-06 - John Arch Homes,
Inc. - 936 Old Ford Road
Commissioner Agostine made a MOTION, seconded by Commissioner
Luker to approve the revised subdivision plan of John
Arch Homes, Inc., equitable owner of the property, as
prepared by Pahutski Land Surveying. Applicant proposes
to subdivide a 1.23-acre property into five single-family
building lots. Lots will range in size from 9.962 sq.
ft. to 11,519 sq. ft. All lots will be served by public
water and sanitary sewer. Full street improvements will
be installed along the frontage of the entire property.
Each lot will conform to the dimensional requirements
of Section 304.3 of the Zoning Ordinance. The property
is known as 936 Old Ford Road, zoned in the (R-4) Residential
District in Ward 3.
Motion is subject to the following condition:
Applicant will comply with the staff review letter
of July 30, 2002.
MOTION was ADOPTED 12-0
Subdivision Plan SD-03-03 - Irvin & Marilyn
Schorsch - 1573 & 1579 Warner Road
Commissioner Agostine made a MOTION, seconded by Commissioner
Luker to approve the subdivision plan of Irvin &
Marilyn Schorsch, as prepared by John H. Leapson, Land
Surveyor. Applicants propose to convey 5,299 sq. ft.
to the adjacent property owner at 1579 Warner Road.
Applicants do not propose any type of construction with
this application.Properties are located at 1573 and
1579 Warner Road, zoned in the R-1 Residential District
in Ward
1.
MOTION was ADOPTED 12-0.
Preliminary Subdivision Plan 03-01 - Meyers-Paone
Development, Inc., (Former Walnut Hill Property)
Commissioner Agostine made a MOTION, seconded by Commissioner
Luker to approve the preliminary subdivision
plan for Meyers-Paone Development, Inc., applicants,
and Abington School District, owners, as prepared by
Woodrow & Associates, Civil Consulting Engineers.
Applicants propose to subdivide the 34.86 acres into
29 lots and construct 14 single-family dwelling units
and 14 townhouse units. Lot 29 is proposed to be the
required open space of 75% of the total lot area. This
application contains a sanitary sewer pump station,
an internal walking path, an oversized detention basin,
visitors’ parking areas, and a private roadway system.
Property is located on the east side of 1300 Huntingdon
Pike, zoned in the R-1 Residential District in Ward
2.
Motion is subject to the following conditions for final
approval:
Applicant will submit a Homeowners Agreement indicating
all conditions for the future residents of the properties.
This Homeowners Agreement will be held in perpetuity,
and will stipulate that all of the public easements
will remain private.
Applicant will submit an accurate tree count of all
trees to be preserved and identify all trees that
are proposed to be removed.
Appliicant will comply with all items as stated in
the staff review letter of October 16,
2002.
Applicant will place in escrow an amount to be determined
to be used for a third-party engineer. The third-party
engineer will inspect and report on the installation
of
the roadway system and the storm water management
system.
Motion is subject to the following waivers:
Waiver from Section 146-24(A)(4), for a minimum right-of-way
of 40 ft. instead of
the required 50 ft.
Waiver from Section 146-11(A)(4), parcel identification
within 400 feet of the site.
Waiver from Section 146-11(B)(7), utility identification
within 400 feet of the site.
Waiver from Section 146-27, elimination of sidewalks
for the proposed street.
Commissioner Ferrara stated a realtor in the office
where she works represents the buyer and she is excusing
herself from this item.
Board of Commissioners Meeting March 13, 2003
Commissioner Wachter stated he wants to go on record
as opposing this development along with some other residents,
but it cannot be stopped. The developer has been working
with us. We are concerned about water run-off on Moredon
Road and that the people who buy these properties know
that they will not be allowed to have swimming pools
or fences.
Commissioner Carlin asked Mr. Matteo will the sweet
gum trees be saved?
Mr. Matteo replied yes.
MOTION was ADOPTED 11-1. Commissioner Ferrara abstained.
Subdivision Plan SD-02-07 - John & Dorothy Begley
- Dead End of Glenmore Avenue
Commissioner Agostine made a MOTION, seconded by Commissioner
Luker to approve the subdivision plan of John and Dorothy
Begley, as prepared by Eastern/Chadrow Associates, revised
September 3, 2002. Applicant proposes to subdivide the
property into two lots. Lot #1, containing the existing
single-family dwelling, will have a lot area of 18,383
sq. ft. Lot #2 will have a lot area of 11,113 sq. ft.
Both lots will conform to the dimensional requirements
of Section 304.3 of the Zoning Ordinance. The proposed
lot will be served by public water and sanitary sewer.
Property is known as 364 Shelmire Street and the dead
end of Glenmore Avenue, zoned in the (R-4) Residential
District in Ward 4.
This motion is subject to the following condition:
That the applicant dedicate an easement as shown
on the plan to Abington
Township for public utilities.
Commissioner Gross stated the neighbors have retained
counsel, and an appeal has been filed against the Zoning
Hearing Board’s recommendation.
MOTION was ADOPTED 10-2. Commissioners Gross and McGrath
opposed.
Development Plan LD-01-01 - Presby Homes & Services,
Inc. - 1515 The Fairway
Commissioner Agostine made a MOTION, seconded by Commissioner
Luker to deny the final major land development plan
of Presby Homes & Services, Inc., as prepared by
Charles E. Shoemaker, Engineers & Surveyors. The
property is located at 1515 The Fairway, zoned in the
(AO) Apartment-Office District in Ward 7.
Reason for denial is due to public safety comments
as expressed by Police Chief William Kelly and other
Police officials.
Board of Commissioners Meeting March 13, 2003
Commissioner Ferrara asked does the applicant have
representation?
Mr. Matteo replied the applicant is not present.
Mr. Matteo stated the applicant is proposing three
additional buildings to the existing complex. The first
is a 45-independent-living-unit building, the second
is an elevated healthcare addition to the medical building,
and third is a new community building to provide exercise,
swimming, diving, and similar amenities for the existing
residents. This final plan is dated January 15, 2003.
Larry Matteo Presentation
Commissioner Agostine made a MOTION, seconded by Commissioner
Luker to AMEND the MOTION for item CE6 to read as follows:
Page 14 - 2nd page of Comm. Agostine’s amended
motion.
MOTION was PASSED as AMENDED 12-0.
Commissioner O’Connor asked has the PennDOT permit
for the driveway been invalid since June 2002?
Commissioner Ferrara replied the permit states the
applicant was able to apply for a six month extension.
Mr. Matteo stated we have not received any documentation
that they received an extension.
Commissioner O’Connor asked how does the Township get
involved in the permit process of the application?
Commissioner Ferrara replied if the Board votes to
deny this plan, we are back to square one. The Township
is back on PennDOT’s list to be notified, prior to any
applications. If they apply for another permit, which
they would have to do to submit a new plan, we will
know in advance.
Commissioner O’Connor stated we would then be in the
process.
Mr. Matteo replied that is correct.
PUBLIC COMMENT:
Carol Conway, 1453 Pepper Road, Rydal, stated if this
road is put in on Susquehanna and there is an emergency,
all of our security will have to travel to the borderline
of Jenkintown Road to get past it. She does not feel
it is in the best interest of the Township to let anything
like this be added.
Steve Berkowitz, 1426 Brant Lane, Meadowbrook, stated
he was the original person to appeal the PennDOT permit
and they did request a six month extension, and it was
granted.
Commissioner Ferrara stated what we have on hand is
an expired permit.
Mr. Berkowitz stated he would not assume that the Township
is on PennDOT’s list and that they will be notified.
They are not precise in following procedures.
Commissioner Ferrara agreed.
Commissioner Wachter suggested we should put our State
Representative on notice.
Board of Commissioners Meeting March 13, 2003
Suzanne Wolf, 755 Upsal Road, Rydal, stated she had
an incident on Susquehanna Road where a fire engine
was at full speed behind her, she pulled over to the
right and ahead of her on the other side of the road,
a car and the fire engine had a direct hit. Why would
they want to make Susquehanna a more difficult access?
Don Marquart, 1805 Brook Road, stated the Huntingdon
Road and Brook Road residents are concerned about the
exit driveway and that a lot of traffic is being shunted
into our neighborhood.
Commissioner Ferrara stated the testimony provided
was that it would be used for emergency use.
Julie Greenbaum, 1420 Lewis Road, President of the
Rydal/Meadowbrook Civic Association, stated the decision
to deny is correct. This is the result of independent
judgment of the Planning Commission, the Zoning Hearing
Board, and the Board of Commissioners. The RMCA has
also been independent in its pursuit of the welfare
of the community. The whole plan is affected in terms
of the reduction of the acreage. We will work hard to
have the issues resolved in the most beneficial way.
Commissioner Ferrara stated the agreement of sale has
not been submitted to the Township and we only know
that one exists.
Larry Kane, 1043 Pheasant Road, congratulated the Commissioners
for what they did last week. There was public comment
after the meeting last week, that the people who represent
Rydal Park would rather take their chances in court
than before an unruly mob. He does not believe the mob
was unruly. By their absence tonight, they have decided
to do that, and the Board should be prepared for a court
fight. When a court fight gets underway to reverse the
decision of a legislative body, it is an extraordinary
event.
Commissioner Ferrara commented they know us by our
first name in Norristown.
Mr. Kane stated by their absence, they have suggested
they don’t trust the Board.
Commissioner Ferrara stated they trust us to make a
decision, they just don’t like our decision and rather
not hear it.
Mr. Kane stated they don’t trust the Commissioners
to make the final decision.
Peter Reinitz, 1484 Woodland Road, Vice President of
the RMCA, stated he believes the contribution the community
offered was to point out a number of fallacies and misrepresentations
that otherwise would have been overlooked. He believes
this contentious episode has made the majority of the
Commissioners painfully aware of the reality of trying
to make important decisions within a venue of deceit,
misdirection, and incomplete plans. This experience
has created a propitious opportunity for those Commissioners
who wish to reaffirm the doctrine of elevating the priorities
of the community’s health, safety, and welfare above
the machinations of political opportunists.
Commissioner Agostine stated on behalf of the residents
in Rydal Park, when this application first came in,
we all realized there was a need for a new medical building
and additional apartments. It is unfortunate that their
administration and representatives have presented a
fractured plan and there are 700 residents who are affected
by this.
MOTION to DENY PASSES 12-0.
PUBLIC SAFETY COMMITTEE:
PAL Grant 2003
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath to authorize Township officials to accept a
grant award from the Abington Police Athletic/Activities
League in the amount of $5,000.
MOTION was ADOPTED 12-0.
Handicapped Parking - 1774 Rockwell Road
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath to approve installation of one handicapped parking
sign in front of 1774 Rockwell Road.
MOTION was ADOPTED 12-0.
Juvenile Accountability Incentive - Block Grant
- Year 5
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath to authorize Township officials to accept a
grant award from the PCCD in the amount of $12,821,
requiring a 10% match of $1,438. CAPT will donate $647,
and $791 will come out of Police Operating/Overtime
Account #01-04-044-5045.
MOTION was ADOPTED 12-0.
PUBLIC AFFAIRS COMMITTEE:
Roslyn Park - Master Plan Fund Allocation
Commissioner Wachter made a MOTION, seconded by Commissioner
Zappone to use the balance of $4,037.22 from the preparation
of the Roslyn Park Master Plan for clearance, pruning,
grubbing, and tree removal at the park.
MOTION was ADOPTED 12-0.
Ordinance 1891 - Reapportionment of Township Wards
Commissioner Ferrara made a MOTION, seconded by Commissioner
Wachter to adopt Ordinance 1891 providing for the reapportionment
of the wards of Abington Township pursuant to the requirements
of the Pennsylvania Municipal Reapportionment Act.
Commissioner Ferrara opened the Public Hearing at 9:10
p.m.
Commissioner Ferrara asked for any comments from the
Commissioners. There were none.
Commissioner Ferrara asked for any public comments
in favor of the ordinance. There were none.
Commissioner Ferrara asked for any public comments
in disfavor of the ordinance. There were none.
Commissioner Ferrara made a MOTION, seconded by Commissioner
Wachter to close the Hearing.
MOTION was ADOPTED 12-0. The Hearing was closed at
9:11 p.m.
MOTION was ADOPTED 12-0.
Ordinance 1891
FINANCE COMMITTEE:
Commissioner Luker announced Treasurer Max M. Solomon
was absent and the year-to-date receipts are attached
to the agenda.
Investments
Commissioner Luker made a MOTION, seconded by Commissioner
O’Connor to approve the investments for the month of
January, 2003 as previously circulated to the Board.
It was noted that investments for the month totaled
$359,000. Interest rates ranged from 2.30% to 5.00%.
MOTION was ADOPTED 12-0.
Expenditures/Salaries and Wages
Motion to:
Approve the January, 2003 expenditures as previously
circulated to the Board, in the
amount of $2,124,892.70 and salaries and wages in the
amount of $1,246,866.09.
Authorize the proper officials to sign vouchers in
payment of bills and contracts as they mature for
the month of April, 2003.
Roll Call resulted in MOTION being PASSED 12-0.
Training and Conference Expenses
Commissioner Luker made a MOTION, seconded by Commissioner
O’Connor to approve the Advance and Travel Expense activity
for January, 2003 as previously circulated to the Board.
Advances and Travel Expense Reports for December were
$0.00 and $898.44, respectively. Final twelve (12) month
expenses total $42,528.24 *
* There was no activity for January.
MOTION was ADOPTED 12-0.
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 January,
2003 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 January, 2003 were $0.00 and ($0.00), respectively.
Deferred Revenue/Expense receipts and disbursements
for the month of January, 2003 were $1,450.00 and ($3,475.00),
respectively.
MOTION was ADOPTED 12-0.
PUBLIC COMMENT:
Adam Kerrick, of the U.S. Naval Academy, 1051 Sherman
Avenue, Huntingdon Valley, stated he was the co-writer
and representative of those who drafted the memorandum
dated January 3, 2003 in regard to the McKinley Fire
Company. Serious problems exist within the fire company
with regard to public safety. As active firefighters,
we have been able to observe our fire companies to a
much closer degree than most citizens of the community.
There are severe violations of standard protocol, which
endanger the safety of our Township. Proper training
of officers and firefighters is essential to the good
order of the fire service, and that simply does not
occur. Certain officers are without State certification
and training to enter a burning building. The McKinley
Fire Company does not have a sufficient amount of qualified
officers and/or fire fighters to protect the community.
There have been multiple abuses of the company’s vehicles
and apparatus by unlicensed individuals. We implore
the Board of Commissioners to act swiftly to further
the investigation to understand and correct the aforementioned
deficiencies. Would you trust your life and the lives
of your families to an unqualified fire company such
as McKinley?
Commissioner Ferrara stated we received your correspondence
and we are working on it.
Steve Acker, 627 Seminole Avenue, asked what steps
are being taken to resolve this matter?
Commissioner Ferrara stated there have been differences
of opinion at the McKinley Fire Company for years. We
had a meeting with Commissioner Myers, our Fire Marshal
and our Solicitor and we are trying to verify these
allegations and if there are deficiencies, correct them.
We are aware of this ongoing situation. We appreciate
the volunteer fire fighters who contribute a tremendous
amount to this Township, and save a tremendous amount
of revenue and tax dollars, and put their lives on the
line to keep us safe. It is equally important that they
are well trained and doing their job, and the vast majority
of them are.
Mr. Acker asked is it true that the Rockledge Fire
Company has been asked to cover for some of McKinley’s
runs?
Commissioner Ferrara replied our Fire Marshal has assured
us that the coverage at our fires is more than adequate
and we have qualified fire fighters there.
Commissioner Turco commented we have five fire companies
and four of them are top-notch. He is a member of the
Edgehill Fire Company, and whenever there is a fire
call there is a minimum of two fire companies from Abington
Township on that call. The residents health, safety,
and welfare are looked after from qualified fire companies.
We also have mutual aid agreements with surrounding
companies.
Chris Smith, 1045 Old Huntingdon Pike, stated the four
other fire companies will respond to the calls, but
it takes them longer to get to McKinley, and every second
counts.
Commissioner Ferrara agreed.
REMARKS FROM COMMISSIONERS:
Commissioner Agostine thanked Mr. Matteo for going
above and beyond the call of duty and for his presentation
this evening.
Commissioner Wachter wished everyone a Happy St. Patrick’s
Day.
Commissioner Gross thanked the people of Franklin’s
Paine for their contribution for the skatepark. He reminded
the Commissioners to contribute to the Police/Fire Memorial
fund brick.
Commissioner DeVore commended Mr. Matteo for his presentation
and his hard work on this application.
Commissioner Myers congratulated Ed Wurster III on
his swearing in as Fire Chief of Roslyn Fire Company.
Commissioner Carlin thanked whoever pulled a couch
out of the Sandy Run Creek. He also thanked the Board
for approving the $4,000 HUD funds to get started on
cleaning up the debris.
Commissioner O’Connor commended Mr. Adam Kerrick and
the rest of the members of the McKinley Fire Company
for having the courage to sign their names to these
allegations. We take this very seriously and will correct
this matter.
Commissioner Ferrara thanked Mr. Matteo for his hard
work on the CE6 item and for his presentation.
ADJOURNMENT: 9:27 p.m.
Respectfully submitted,
Burton T. Conway, Secretary
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