Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - May 9, 2002

The stated meeting of the Board of Commissioners of the Township of Abington was held on Thursday, May 9, 2002, at the Township Administration Building, Abington, PA with President Barbara C. Ferrara presiding.

CALL TO ORDER: 8:02 p.m.

ROLL CALL: Present: Commissioners AGOSTINE, WACHTER,

LUKER, TURCO, 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

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

COMMENDATIONS:

Commissioners Ferrara and Agostine presented Charles E. Shorday a commendation for Outstanding Abington Businessman.

Chief Kelly stated on March 27, 2002, Keith and Steven Hanby notified police of a robbery threat at Houlihan’s Restaurant, which led to arrests later that evening. Commissioners Ferrara and Myers presented them with commendations for notification of a robbery threat.

Chief Kelly stated on March 27, 2002, Officer Roger Gillispie prevented an armed robbery from taking place at Houlihan’s Restaurant and Commissioners Ferrara and Myers presented him with a Class III Commendation for Outstanding Performance and a difficult weapon recovery.

Commissioner Agostine presented a commendation to Cheryl Z. Doyle for having received the Teacher of the Year Award from the PA Association of Family and Consumer Sciences.

MINUTES: Commissioner Kretschman made a MOTION, seconded by Commissioner Wachter to approve the minutes of the Board of Commissioners meeting of April 11, 2002.

MOTION was ADOPTED 14-0.

ANNOUNCEMENT:

Commissioner Ferrara announced there was an Executive Session held this evening at 7:00 p.m. to discuss personnel issues.

APPOINTMENT:

Commissioner Ferrara stated Arthur L. Bigelow has requested to be moved down to the position of alternate to the Zoning Hearing Board. We need to appoint a full member to the Zoning Hearing Board.

Commissioner DeVore made a MOTION, seconded by Commissioner Ring to nominate Edward Mebus, who has been serving as an alternate, to serve as a full member until 12/31/04.

Commissioner Ferrara closed the nominations.

MOTION was ADOPTED 14-0.

PUBLIC WORKS COMMITTEE:

Rockledge Flood Control Project - Phase III

Commissioner Gross made a MOTION, seconded by Commissioner Ring to accept the lowest responsible bid and enter into a contract with N. Abbonizio Contractors, Inc., in the amount of $541,870, for the Rockledge Flood Control Project - Phase III, to be paid from the 2002 Permanent Improvement Fund.

MOTION was ADOPTED 14-0.

Resolution #02-010 - Agreement with PennDOT to Adjust Manhole Castings in Edge Hill Road Overlay

Commissioner Gross made a MOTION, seconded by Commissioner Ring to approve Resolution #02-010 authorizing project letter agreement for PennDOT to adjust manhole castings in the overlay of Edge Hill Road, in a total amount of $11,500, to be paid from Wastewater Operating Account #02-10-205-5305.

MOTION was ADOPTED 14-0.

Resolution #02-011 - PennDOT Master Casting Agreement Adjustment of Incorporated Utility Facilities

Commissioner Gross made a MOTION, seconded by Commissioner Ring to approve Resolution #02-011 authorizing PennDOT Master Casting Agreement #060850 for adjustment of incorporated utility facilities.

MOTION was ADOPTED 14-0.

Flood Mitigation - 595 Baeder Road - Designation of Fund

Commissioner Gross made a MOTION, seconded by Commissioner Ring to designate Fund "04" as the Hazard Mitigation Program Fund and authorize expenditures in advance of receipt of grant funds from Unrestricted General Fund balance in an amount not to exceed $284,164, for purchase of 595 Baeder Road.

MOTION was ADOPTED 14-0.

Flood Mitigation - 595 Baeder Road - Waiver of Deed Transfer Tax

Commissioner Gross made a MOTION, seconded by Commissioner Ring to approve the waiver of the deed transfer tax on the sale of 595 Baeder Road.

MOTION was ADOPTED 14-0.

2002 Permanent Improvement Program - Baeder Park Detention Basins

Commissioner Gross made a MOTION, seconded by Commissioner Ring to authorize the Administration to secure proposals from three independent engineering firms to perform an independent evaluation of the Baeder Creek detention proposals in an amount NTE $10,000 from the 2002 Permanent Improvement Fund, and to authorize staff to engage the services of the most qualified firm.

MOTION was ADOPTED 14-0.

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE

Subdivision Plan SD-02-02 - Curtis & Leighnora Frederickson - 333 & 337 Tennis Avenue

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the Subdivision Plan for Curtis and Leighnora Frederickson, as prepared by William C. Parry, Registered Professional Land Surveyor, proposing to convey 1,500 sq. ft. from property known as 337 Tennis Avenue. Property at 333 Tennis Avenue will now have a conforming side yard. Both properties will have the required square footage required by the Zoning Ordinance. The properties are known as 333 and 337 Tennis Avenue, zoned in the R-4 Residential District in Ward 6 in the Township.

Motion is subject to the following condition:

That the property owner of 337 Tennis install a driveway on the property that will

accommodate two vehicles, pursuant to the Zoning Code.

MOTION was ADOPTED 14-0.

Subdivision Plan SD-02-03 - Steve Kozlowski 2233 Parkview Avenue & 1839 Fairview Avenue

Commissioner Agostine made a MOTION, seconded by Commissioner Luker to approve the Subdivision Plan for Steve Kozlowski, as prepared by Pahutski Land Surveying, proposing to subdivide the properties into four lots. Lot No. 1, located at 1839 Fairview Avenue, will convey 875 sq. ft. of land to 2233 Parkview Avenue to create three conforming lots on Parkview. Lot No. 2 will contain the existing single-family dwelling. Lots 3 and 4 will be created for new single-family dwellings. The properties are known as 2233 Parkview Avenue and 1839 Fairview Avenue, zoned in the R-4 Residential District in Ward 5 of the Township.

Motion is subject to the following conditions:

DELETED.

The applicant will remove the fence that is in the public right-of-way.

The applicant will remove all other structures that are near and/or over the proposed property lines.

MOTION was ADOPTED 14-0.

Public Hearing - Ordinance No. 1876 - Vacation of Woodland Road

Commissioner Ferrara made a MOTION, seconded by Commissioner Agostine to adopt Ordinance No. 1876 providing for the vacation of a portion of Woodland Road extending from the center line of Highland Avenue, a distance of approximately 562 ft., in Ward 11 of Abington Township. She opened the Public Hearing at 8:25 p.m.

Commissioner Ferrara asked for comments from the Commissioners. There were none.

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

Marc D. Jonas, Esq., Attorney representing the Applicant, stated the vacating of two roads pursuant to the Township Code: You have the right to open roads, and you have the right to vacate roads, which means the elimination of the public responsibility for

maintenance of the road. We are asking for vacation of Woodland Road and vacating of a portion of Keith Road. This has been supported by the Montgomery County Planning Commission.

Richard Montalbano, Vice President of Abington Memorial Hospital, stated we approached many of the neighbors of Woodland Road and Highland Avenue and discussed this project. We would be able to build the new addition as far away from the neighbors as possible, if we are allowed to close Woodland Road. One of the neighbors suggested the best way to protect the neighborhood from the traffic would be to close a portion of Keith Road. The existing parking lot will remain and a second parking lot will be created for patrons of the Post Office.

Joe DeSantis, McMahon & Assoc., Traffic Engineer, stated we have done a detailed survey of the traffic using Woodland Road. We did a 24 hour count for seven days and found over 50% of traffic was generated by the Woodland parking garage, 25% generated by the truck docks and the emergency vehicle area, 10% generated by the Abington Court Apartments, and 15% is actually thru traffic. We did two traffic evaluations: one for Keith Road open and one for Keith Road closed. Both methods would work from a traffic engineering standpoint.

Commissioner Ferrara asked was there a traffic evaluation done for Highland Avenue and Rockwell Avenue?

Mr. DeSantis replied by closing Keith and Woodland Roads, there is less of a need for hospital traffic to use Highland Avenue.

Commissioner Ring asked will the Postal employees park in the new garage, so there are additional parking spaces in the Post Office lot?

Mr. Montalbano stated that is correct.

Commissioner DeVore commented the request for closing Keith Road was a result of conversations with residents from his Ward and Commissioner Ring’s Ward. There will be pedestrian and traffic safety at that intersection.

Commissioner Ring commented one of the concerns of the residents on Keith Road, was traffic flowing out of the garage and into their neighborhood. We now have a commitment from PennDOT to make arrangements for that traffic to be diverted away.

Commissioner Ferrara asked for public comments in disfavor of this Ordinance.

Mary Rush, 1851 Keith Road, asked Commissioner Ring will PennDOT put in a traffic light there that is strictly left-right turn only and no cross traffic.

Commissioner Ring replied that is to be determined.

Mr. Matteo commented that PennDOT will work with us on this issue.

Ms. Rush stated it would be a safety issue if there were increased traffic on that road.

Commissioner Ferrara stated that the Hospital has said they would revisit this, if it is not a workable situation.

Michael Saresky, 2837 Omega Place, Roslyn, stated he read in the newspaper that the Township will receive $210,000 per year in taxes for this expansion. He would like some of this money to be used to plant trees and develop a trail system, to enable the citizens safe access to walking, jogging, and bicycling.

Commissioner DeVore stated the signed Memorandum of Understanding between the Township and the Hospital calls for street enhancements, buffering, trees, and many other things.

George Coyne, 1462 Wheatsheaf Lane, stated he has never been invited to a meeting about this project. The intersection of Highland Avenue and Rockwell Avenue will be a bottleneck of traffic. It seems to be an outrageous land grab to close these streets and this would be an extraordinary mistake. This has the feeling of something being rammed down our throats. There is a rumor that the Hospital has paid some of the Board members in exchange for votes. He does not know if that is true or not, but the Hospital gets what they want. Once these roads are closed, they will never be reopened. The Hospital has destroyed our Main Street. This should be studied by Urban Planners, not by 15 politicians who may or may not be on the take.

Commissioner Myers stated she is not on the take.

Commissioner Ferrara stated Commissioner DeVore began having meetings with the community 19 months ago concerning the expansion. She told Commissioner DeVore and Mr. Montalbano they need to have extensive meetings with the community and resolve the issues and meet the concerns of those impacted. Many changes have been made at the request of the community. This plan has been reviewed by the County Planning Commission, who are not on the take, who are professionals, who have offered their opinion. We have professionals in-house who have reviewed this plan.

Commissioner DeVore stated to Mr. Coyne the meetings have been advertised on Comcast and he personally distributed notices. We have had over 18 meetings with community members. The Hospital’s policy is not to contribute to the campaigns of any political candidates.

Commissioner Agostine stated Mr. Coyne’s comments regarding rushing along the project diminish the very hard work of Commissioners DeVore, Ring, the administration, staff, and the Police Department. It is a disservice to public servants.

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

MOTION was PASSED 14-0. The Hearing was closed at 9:15 p.m.

MOTION was ADOPTED 14-0.

Ordinance No. 1876

Public Hearing - Ordinance No. 1877 - Vacation of Keith Road

Commissioner Ferrara made a MOTION, seconded by Commissioner Agostine to adopt Ordinance No. 1877 providing for the vacation of a portion of Keith Road extending from the center line of Highland Avenue, a distance of approximately 100 ft., in Ward 11 of Abington Township. She opened the Public Hearing at 9:16.

Commissioner Ferrara asked for comments from the Commissioners. There were none.

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

Marc D. Jonas, Attorney representing the Applicant, commented the Hospital’s commitment for an additional traffic study is a condition of the Land Development approval and the Land Use process is laden with public notices.

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

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

MOTION was PASSED 14-0. The Hearing was closed at 9:17 p.m.

MOTION was ADOPTED 14-0.

Ordinance No. 1877

Rydal Park Expansion - Traffic Analysis

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve an expenditure not to exceed $5,000 for traffic analysis and study in connection with the proposed Rydal Park expansion.

MOTION was ADOPTED 14-0.

PUBLIC SAFETY COMMITTEE

STOP Sign - Roy Avenue at Rockwell Road

Commissioner Myers made a MOTION, seconded by Commissioner Gillespie to approve the installation of one STOP sign on Roy Avenue at Rockwell Road.

MOTION was ADOPTED 14-0.

Multi-Way STOP Signs - London Road at Davidson Road

Commissioner Myers made a MOTION, seconded by Commissioner Gillespie to approve the installation of multi-way STOP signs on London Road at Davidson Road.

MOTION was ADOPTED 14-0.

DO NOT ENTER Signs - Arthur Avenue at Huntingdon Pike

Commissioner Myers made a MOTION, seconded by Commissioner Gillespie to approve installation of DO NOT ENTER signs on Arthur Avenue at Huntingdon Pike.

MOTION was ADOPTED 14-0.

NO PARKING HERE TO CORNER Sign - Rubicam Avenue (Southeast Corner), 60 Feet from Easton Road

Commissioner Myers made a MOTION, seconded by Commissioner Gillespie to approve the installation of one NO PARKING HERE TO CORNER sign on Rubicam Avenue (southeast corner), 60 feet from Easton Road.

MOTION was ADOPTED 14-0.

Illegal Parking at Abington Township Building

Commissioner Myers made a MOTION, seconded by Commissioner Gillespie to increase parking fines for anyone parked illegally at the Abington Township Administration parking lot from $15 to $30.

MOTION was ADOPTED 14-0.

Bid Award - Computer Network Server

Commissioner Myers made a MOTION, seconded by Commissioner Gillespie to award the contract for furnishing the Computer Network Server to D.M. Data of Marlton, NJ in the amount of $52,867.

MOTION was ADOPTED 14-0.

PUBLIC AFFAIRS COMMITTEE

Bid Award - Lead-Based Paint and Asbestos Abatement

Commissioner Wachter made a MOTION, seconded by Commissioner Gillespie to accept the lowest responsible bid in the amount of $11,752.25 and enter into a contract with Bristol Environmental, Inc. for lead-based paint and asbestos abatement.

MOTION was ADOPTED 14-0.

FINANCE COMMITTEE

Commissioner Luker announced Treasurer Max M. Solomon is on assignment and the monthly report is attached for your information. It shows 86% collection for Real Estate Taxes. He asked for any questions. There were none.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the investments for the month of March, 2002 as previously circulated to the Board. It was noted that investments for the month totaled $2,005,000. Interest rates ranged from 2.50% to 6.40%.

MOTION was ADOPTED 14-0.

Expenditures/Salaries and Wages

Motion to:

Approve the March, 2002 expenditures as previously circulated to the Board, in the amount of $2,314,392.48 and salaries and wages in the amount of $1,403,297.21.

Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of June, 2002.

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

Training and Conference Expenses

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the Advance and Travel Expense activity for March, 2002 as previously circulated to the Board. Advances and Travel Expense Reports were $1,120 and $10,578.75, respectively. Three (3) month YTD expenses total $10,578.75.

MOTION was ADOPTED 14-0.

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 March, 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 March, 2002 were $-0- and ($-0-), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of March, 2002 were $15,964.52 and ($223,050.27), respectively.

MOTION was ADOPTED 14-0.

Ordinance #1878 - Mercantile License Tax Penalty

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to advertise 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 14-0.

Ordinance #1879 - Business Privilege Tax Penalty

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to advertise 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 14-0.

COMMENTS FROM STAFF

Mr. Conway commented he attended a luncheon, sponsored by the Montgomery County Advisory Council of the Human Relations Commission. The Commission presented Chief Kelly their Equal Opportunity Award for his initiatives in the Police Department.

COMMENTS FROM CITIZENS

Michael Saresky, 2837 Omega Place, Roslyn, asked why isn’t the Pennsylvania State Flag in our Board Room along with the United States and Bulgarian Flags?

Commissioner Ferrara replied we have a relationship with a municipality in Bulgaria.

Bob Hardcastle, 581 Edge Hill Road, presented pictures of his road and stated it is deteriorating and has a lot of potholes. He has called the Public Works Committee seven times and has not received a response.

Commissioner Ferrara asked Mr. Micciolo is the street on the agenda to be fixed.

Mr. Micciolo replied yes and it will be done before the Fall.

Mr. Hardcastle asked why he had to call seven times.

Commissioner Ferrara stated that is not often the case and our Township staff is usually very responsive.

Ken Krawchuck, 117 West Avenue, read a quote from a book "You Are What You Do When It Counts."

REMARKS FROM COMMISSIONERS

Commissioner Agostine wished everyone a Happy Mother’s Day!

Commissioner Wachter commented since he has been on the Board, he has seen a lot of positive things accomplished.

Commissioner Luker wished everyone a Happy Mother’s Day and congratulated Chief Kelly on his award.

Commissioner Myers commented last night was the graduation of the Citizens’ Police Academy and congratulated them. Dan Buckley taught them about the Police Department and the programs of community policing. This increases our volunteer base and all of the 21 graduates signed up to volunteer for the various programs.

Commissioner Carlin commented he agrees that we should fly our State flag.

Commissioner Kretschman stated no one has the right to impugn his or any of the Commissioners’ reputations with unsubstantiated accusations. People think because we’re civil servants, they can come up here and say anything to us, and he disagrees.

ADJOURNMENT: 9:38 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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