Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - November 14, 2002

The stated meeting of the Board of Commissioners of the Township of Abington was held on Thursday, November 14, 2002 at the Township Administration Building, Abington, PA., with Commissioner Barbara C. Ferrara presiding.

CALL TO ORDER: 8:01 p.m.

ROLL CALL: Present: Commissioners AGOSTINE, WACHTER,

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

CARLIN, MYERS, MCGRATH, DEVORE (8:20 p.m.)

GILLESPIE, KRETSCHMAN, FERRARA

Excused: 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

PLEDGE OF ALLEGIANCE

COMMENDATIONS:

Commissioners McGrath and Ferrara presented a commendation to Charles Moritz, a 2002 recipient of the Pennsylvania Governor’s Award in recognition for his outstanding activities in Crime Prevention and Community Service. State Representative Ellen Bard also presented him with a commendation on behalf of the House of Representatives.

Chief Kelly recognized former years’ recipients of the Pennsylvania Governor’s Award: Walt Schweizer, Bill Sams, Dave Rondinelli, Dan Bleicher, Paul Grossman, Esther Pinder, Butch Beal, Tom Nyman, Ruth Plato, Larry Coe, Diane Misko, Bob Smyrl, George Edwards, and Marianna Owings. He thanked them for their work on the Joint Town Watch and Abington Police Department.

Commissioner Ferrara presented a commendation to David Schramm, Assistant Principal, Abington Jr. High School, in recognition for his 38 years of service as an educator, firefighter, leader and volunteer.

Commissioner Gillespie presented Commissioner Ferrara a plaque from the Greater Glenside Patriotic Association to Abington Township, for the Township’s help and support of the 2001 Glenside 4^th of July celebration.

APPROVAL OF MINUTES:

Commissioner Kretschman made a MOTION, seconded by Commissioner Agostine to approve the minutes of the Third Quarter Budget meeting of October 10, 2002.

MOTION was ADOPTED 13-0.

Commissioner Kretschman made a MOTION, seconded by Commissioner Agostine to approve the minutes of the Board of Commissioners meeting of October 10, 2002.

MOTION was ADOPTED 13-0.

PUBLIC WORKS COMMITTEE:

Detention Basin #4 - Maple/Meyer Culvert

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to approve the release of the allocated funds for basin #4 in Susquehanna Woods and the 60" pipe through Ardsley Park, as listed in the 2002 Capital Improvement fund.

MOTION was ADOPTED 13-0.

Susquehanna Woods Basins - Hillside Cemetery

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to approve addendum #4 to extend N. Abbonizio Contractors’ contract to add an additional $759,000 to construct basin #4 and a 60" pipe through Ardsley Park. New completion date is 6/03.

MOTION was ADOPTED 13-0.

Ordinances 1885 and 1886 - Acorn Lane Sanitary Sewers

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to approve the advertisement of Ordinance 1885, establishing the Acorn Lane Sanitary Sewer District, and Ordinance 1886, providing for the construction and assessment of these sanitary sewers.

MOTION was ADOPTED 13-0.

Sanitary Sewer Contract #126 Amendment

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to amend Joao & Bradley’s Contract #126, in the amount of $1,106,400, for the construction of sanitary sewers in Acorn Lane, Edge Hill Road, Mill Road, and Gilbert Road. To be funded from the Unallocated Sewer fund and bond issue.

MOTION was ADOPTED 13-0.

12 Plus Project - Final Payment

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to approve final payment to N. Abbonizio Contractors in the amount of $122,732.97 for the 12 Plus Project. To be funded from Account #07-07-566-7002 and #17-10-848-7332.

MOTION was ADOPTED 13-0.

Fairway Revitalization - Pedestrian Crossing Signal

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to authorize proper Township officials to make application to PennDOT for a standard pedestrian crossing signal to be installed on The Fairway connecting Rydal East/West with the Baederwood Shopping Center. The proposed installation will be funded through the Economic Development Capital account as a part of the current Fairway bid contract.

MOTION was ADOPTED 13-0.

WWTP Air Main Replacement

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to authorize CET Engineering to design and bid the first-stage air main replacement at an engineering cost not to exceed $10,000, to be funded from Sewer Operating Fund Account #02-10-200-5320.

MOTION was ADOPTED 13-0.

Paper Disposal/Recycling

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to enter into a contract with Newman Paper Company for the years 2003-2005 for disposal/recycling of paper at their current contract price of $27/ton.

MOTION was ADOPTED 13-0.

Bid Award - Rear Loading Collection Truck Body

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to accept the lowest responsible bid and enter into a contract in the amount of $40,920 with Gran Turk Equipment Co. for the purchase of one Rear-Loading Collection Truck Body, as per bid specifications.

MOTION was ADOPTED 12-1. Commissioner Turco opposed.

Bid Award - Semi-Automated Side- and Rear-Loading Truck Body

Commissioner O’Connor made a MOTION, seconded by Commissioner Ring to accept the lowest responsible bid and enter into a contract with Heil Equipment Co. in the amount of $96,500 for the purchase of one Semi-Automated Side- and Rear-Loading Truck Body.

MOTION was ADOPTED 13-0.

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:

Subdivision Plan SD-02-10 - Peter C. Ward - 1637 Mill Road

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the subdivision plan for Peter C. Ward, as prepared by Nicholas T. Rose, Registered Professional Engineer. Applicant proposes to subdivide the property into two lots. Lot 1 will contain the existing single-family dwelling on a lot area of 1.22 acres. Lot 2 will have a lot area of 1.06 acres. Both lots will conform to the dimensional requirements of Section 301.3 of the Zoning Ordinance. The property is located at 1637 Mill Road, zoned in the (R-1) Residential District in Ward 1 of the Township of Abington.

Waiver from Section 146-30-(1) of the Subdivision and Land Development Ordinance for lot depth.

Waiver from the installation of full street improvements. None currently exist along Mill Road.

Commissioner Agostine commented since she has been on the Code Enforcement and Land Development Committee, she has never had a subdivision plan that did not meet with resistance by the Rydal/Meadowbrook Civic Association on the issue of flooding. She was surprised that the R/MCA was not present at the committee meeting to oppose this application. She was appalled to find out that the applicant is a member of the Board of the Civic Association and she feels that is hypocritical. We have to approve this since it does meet our requirements.

MOTION was ADOPTED 14-0.

PUBLIC SAFETY COMMITTEE:

NO PARKING HERE TO CORNER - Harte Road

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one NO PARKING HERE TO CORNER sign on the south side of Harte Road, 40’ east of Running Brook Road.

MOTION was ADOPTED 14-0.

NO PARKING HERE TO CORNER - Running Brook Road

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 Running Brook Road, 30’south of Canterbury Road.

MOTION was ADOPTED 14-0.

Local Law Enforcement Block Grant - BJA, 7^th Year

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to accept a grant award from the Department of Justice in the amount of $15,503, requiring a 10% match of $1,723, which will be donated by CAPT.

MOTION was ADOPTED 14-0.

CAPT Car Seat Grant

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to accept additional funding from CAPT in the amount of $3,000 to fund Child Passenger Safety training.

MOTION was ADOPTED 14-0.

Civil Service Code Amendments

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to amend the current Civil Service Code for Abington Township.

MOTION was ADOPTED 14-0.

NO PLACE FOR HATE Proclamation

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to issue a Proclamation pledging to maintain a policy of zero tolerance for hate crimes and a commitment to those actions specified in the NO PLACE FOR HATE Campaign.

Joanne Weaver-Stroh, Chairperson of the Committee, stated the NO PLACE FOR HATE program was developed by the Anti-Defamation League and welcomed the volunteer members of the committee.

MOTION was ADOPTED 14-0.

Commissioner Ferrara read the Proclamation and thanked the volunteers.

No Place For Hate Proclamation

NO PARKING HERE TO CORNER Sign - Cedar Road

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to erect a NO PARKING HERE TO CORNER sign on Cedar Road, 30’ west of Cedar Glen Road.

MOTION was ADOPTED 14-0.

PUBLIC AFFAIRS COMMITTEE:

Resolution 02-024 - Application for HOME Program Funds

Commissioner Wachter made a MOTION, seconded by Commissioner Gillespie to adopt Resolution 02-024, authorizing the filing of an application with DCED in the amount of $500,000 for the Owner-Occupied Rehabilitation Program.

MOTION was ADOPTED 14-0.

Resolution 02-024

Edge Hill Woods Tree Removal

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to approve the expenditure of no more than $5,000 from Contingency Account #01-01-002-5299 to cut down three dangerous trees on the Castlewood Road side of Edge Hill Woods.

MOTION was ADOPTED 14-0.

Hillside Condemnation

Commissioner Wachter made a MOTION, seconded by Commissioner Gillespie to authorize an expenditure not to exceed $47,000 from Contingency Account #01-01-002-5299 for preparation of testimony and presentation to Board of View for Hillside litigation.

Commissioner Wachter stated he has reviewed some of the billing for the professional fees and he feels we should not be billed double time for a partner and an associate preparing for the same case. He would like to try to conserve our funds. Perhaps we can ask for some accomodation.

Commissioner Ferrara commented we knew it was going to be costly and for a long period of time.

Commissioner Ring suggested the Finance Committee review the expenditures.

MOTION was ADOPTED 14-0.

FINANCE COMMITTEE:

Treasurer’s Report:

Treasurer Max M. Solomon stated for October 2002, $2,300,421 was deposited into Fleet Bank, YTD $13,483,659. We collected $44,462 in Real Estate Taxes and YTD $19,074,087. He stated there are two weeks left to file under the Amnesty Program.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the investments for the month of September, 2002 as previously circulated to the Board. It was noted that investments for the month totaled $225,000. Interest rates ranged from 5.50% to 6.55%.

MOTION was ADOPTED 14-0.

Expenditures/Salaries and Wages

Motion to:

Approve the September, 2002 expenditures as previously circulated to the Board, in the amount of $1,343,189.19 and salaries and wages in the amount of $1,192,084.67.

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

Roll Call resulted in 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 September, 2002 as previously circulated to the Board. Advances and Travel Expense reports were $-0- and $3,290.84, respectively. Nine (9) month YTD expenses total $26,053.10.

MOTION was ADOPTED 14-0.

Clearing Fund/Deferred Revenue and Expense/Petty Cash

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 September, 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 September, 2002 were $14,212.52 and ($14,211.74), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of September, 2002 were $11,997.75 and (7,478.90), respectively.

MOTION was ADOPTED 14-0.

Ordinance #1887 - Earned Income Tax

Commissioner Luker made a MOTION, seconded by Commissioner Ring to advertise Ordinance #1887, amending Chapter 152 of the Code of the Township of Abington entitled Taxation, by adding Article VII entitled Earned Income Tax. A public hearing will be advertised for December 18, 2002.

Commissioner Kretschman stated that, if enacted, the tax will be effective April 1, 2003. Would that make it three-quarters of income for that year?

Mr. Conway replied no. Income tax is collected quarterly and it is due on the last day of the month following the quarter. On a cash basis, we would receive funding for the second and third quarters because the last quarter would be collectible by January 31, 2004.

Commissioner DeVore stated if this does not pass, we should look into other options to balance the budget. We would possibly increase the property tax, and transfer some of our in-lieu-of monies to operations and some other reductions.

Commissioner Ferrara replied we have had workshops on those topics and we would have to close the gap with a Real Estate Tax increase. She asked what is the amount of the in-lieu-of money?

Mr. Conway replied we currently collect $380,000 a year from three different sources.

Commissioner DeVore stated we should have been raising the taxes by the cost of living. He regrets having to raise property taxes by 20% or voting for an Earned Income Tax he does not believe in.

Commissioner Wachter commented he has reviewed the figures and there is no way any business can go for 11 years without some kind of increase. A ½ % income tax for each $50,000 is $250 in tax money. A lot of people in his ward will be affected by this tax and many of them are opposed.

Commissioner Carlin suggested having another workshop.

Commissioner Kretschman suggested having a workshop after the hearing to solve these issues. He disagrees with dipping into the in-lieu-of money. We have kept property taxes low and we have set aside $2 million to re-invest in the business districts and other capital improvements.

MOTION was ADOPTED 12-2, to Advertise Ordinance #1887 and set a date for a Public Hearing for December 18, 2002, at 8:00 p.m. Commissioners Turco and DeVore opposed.

Commissioner Ferrara commented we should schedule a workshop after the hearing, if needed.

PENSION COMMITTEE:

Resolution 02-023 - Police Pension Plan Contributions for 2003

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to adopt Resolution #02-023 affirming the elimination of officer contributions to the Police Pension Plan unless and until they are needed to keep the plan fully funded.

MOTION was ADOPTED 14-0.

Resolution 02-023

Audits of Pension Plans for 1999 and 2000

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to accept audit reports of the Abington Township Police Pension and Non-Uniformed Pension Plans for the period 1/1/99 to 12/31/00.

MOTION was ADOPTED 14-0.

Lincoln 457 Deferred Compensation Plan - Tax Law Changes

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to adopt the Lincoln Planning, Inc. Retirement Solutions "Eligible 457 Deferred Compensation Plan and Custodial Account Agreement" and "Agreement to Establish Employee Accounts through and Eligible Government 457 Deferred Compensation Plan."

MOTION was ADOPTED 14-0.

PERSONNEL COMMITTEE:

Contract Approval with Township Police Lieutenants

Commissioner Ferrara made a MOTION, seconded by Commissioner Ring to authorize approval of a labor agreement with the Abington Township Police Lieutenants for the period 2002-2005.

MOTION was ADOPTED 14-0.

PUBLIC COMMENTS:

Julie Greenbaum, President of the Rydal/Meadowbrook Civic Association, stated we looked at Mr. Ward’s proposal and the Township’s information and it was passed because it met all of the requirements.

We are concerned about the proposed road onto Susquehanna Road from Rydal Park. We believe it is not safe. We collected 700 signatures against this proposal. Rydal Park stated the purpose of the road was for marketing and this reason does not justify considering the application and approving it. The existing entrance/exit road for Rydal Park on The Fairway has been upgraded by the Township. The Township hired a traffic expert who submitted a draft on June 28, 2002. This was over a year after the Park had its’ permit.

The draft stated there were many points that needed further study before the proposal could be evaluated. The Zoning Hearing Board’s decision was that Rydal Park’s traffic expert was not credible and the decision to withdraw from the PennDOT Hearing was based on information from Rydal Park’s incomplete and inaccurate study. The report should not stand in the way of the Township’s action because a thorough review independently conceived from the start and accumulated data is still not in evidence. The community members are the true experts of the hazardous road that exists and a new road could only make a bad situation worse. The Township should have no difficulty defending its opposition to the proposed road based on protecting the health and safety of its residents.

Commissioner Ferrara stated Susquehanna Road is regulated by PennDOT and that is a dangerous intersection, but it does meet PennDOT’s standards. The Township can not do anything about it. The traffic study was done by Abington Township, not Rydal Park. If we could not prove the traffic was beyond PennDOT’s approval, there was nothing more we could do about it.

Solicitor Herder stated the Board authorized an expenditure of $5,000 for an independent traffic study and if the report met PennDOT’s standards, then we would proceed no further. He invited Steve Berkowitz of the Civic Association to attend the meeting with our traffic expert. In that meeting, the expert stated "This plan meets PennDOT’s criteria" and he asked the expert if he could render an opinion that this intersection is unsafe, and his reply was "no".

Commissioner Agostine stated there have been comments made in letters to the editor that the Code Enforcement and Land Development Committee should be aware of the buffering requirements and how they will interfere with PennDOT’s approval. It has not come before the committee for land development. The Code Enforcement Committee members cannot be held responsible for not considering those buffers, because we have not yet heard it.

Commissioner Ferrara stated Rydal Park is not required to show their buffering until they come into land development and the law requires that you can not require an applicant to create a buffer that is so dense that it interferes with the site distance.

Commissioner Kretschman commented there is no issue. It is not our road and not our guidelines.

Commissioner Wachter commented it is a dangerous area and suggested contacting our State Representatives.

Commissioner Ferrara replied they have been contacted.

Paul Aloe, 1259 Cox Road, asked if the traffic report was issued in June, why did it take Mr. Herder that long to update Mr. Berkowitz on that information?

Commissioner Ferrara replied that is not the case. At no time did Mr. Herder think we had a good case. We were hoping for documentation to plead our case.

Mr. Aloe stated we contacted our State Representatives and were told the Township could file a complaint.

Commissioner Kretschman stated the decision was made at the last minute not to appear before PennDOT and if we had, it would have gone against us.

Solicitor Herder replied that is correct.

Mr. Aloe stated he believes something can be done about this State road. If the Township declares it is a danger to the community, PennDOT should revoke the permit.

Commissioner Ferrara stated the Township cannot say it is a dangerous road because we did a traffic study and that demonstrates that it meets the guidelines of PennDOT.

Mr. Aloe stated we need to find a way to stop the proposed driveway onto Susquehanna Road for safety reasons.

Commissioner Ferrara replied she agrees, but how do we do it. We would have to spend taxpayers’ dollars to fight in court and PennDOT would win. We would have spent a lot of money and time in court and in the end, the road would be there.

Commissioner Wachter asked who did the traffic studies?

Solicitor Herder replied Rydal Park’s study was done by Traffic, Planning, & Design and our study was done by Corullo & Assoc.

Mr. Aloe stated the traffic study by Richardson was discredited by the Zoning Hearing Board.

Solicitor Herder replied the traffic study was never introduced to the Zoning Hearing Board.

Ms. Greenbaum stated we filed a formal protest and the RMCA sat before a hearing officer, and we were the people who were given expert legitimacy.

Commissioner Ferrara stated we had expert testimony that showed that Rydal Park is right in what they want to do; it would have been foolish to send in our attorney. We asked Chief Kelly to send Lt. Livingood to make his report, and he would not have to introduce the traffic study.

Commissioner Kretschman stated PennDOT overrules the police department.

Ms. Greenbaum asked Solicitor Herder when were the reports given to Mr. Berkowitz?

Solicitor Herder relied two days before the hearing.

Commissioner Ferrara stated we have tried to do what the community wants in this case, but we have come up against a wall. We are being forced to accept something we don’t want because it is not our road.

Commissioner Agostine stated PennDOT has criteria upon which they base a decision on a Highway Occupancy Permit. Rydal Park’s study said the criteria necessary for the PennDOT Highway Occupancy Permit were met. We commissioned an independent traffic expert to come in and verify whether the criteria that PennDOT has were met, and whether the criteria in Rydal Park’s study were true. The information was verified, and how do we change PennDOT’s criteria?

Solicitor Herder replied it is done at a State level. The laws are part of an Administrative Code. The Legislature sets the broad laws in statutes and delegates the authority to come up with the administrative regulations to the regulatory agencies.

Commissioner Agostine stated she thought this was an informal conference, not a hearing, where we could demonstrate to PennDOT that this Highway Occupancy Permit did not meet their criteria, and when we were able to prove that PennDOT’s criteria for a permit were not met, then they would consider having a formal hearing to determine whether the permit should be revoked. Is that correct?

Solicitor Herder replied that is correct. Under the administrative rules, the purpose for the conference was for the hearing officer to make a determination whether or not a hearing would be warranted. He has not heard any decision from them.

Chief Kelly commented he feels we have accomplished something by what we have done, because PennDOT will be forced to do something about it. The Board of Commissioners has worked with the community and the RMCA in a responsive and responsible manner.

Ms. Greenbaum stated the traffic report of June 28, 2002 had eight points that needed to be investigated. Only one of those points was looked into. We feel the decision was based on incomplete, inaccurate information.

REMARKS OF COMMISSIONERS:

Commissioner Wachter wished everyone a Happy Thanksgiving.

Commissioner Gillespie commented the VFW Post on Jenkintown Road will have a ceremony on December 7, 2002 at 11:00 a.m. to honor the Battle of Edge Hill.

Commissioner DeVore commented we had our first fund raiser for skateparks at the Hollywood Tavern last Saturday night.

Commissioner Carlin congratulated Ken Krawchuk on his run for Governor.

ADJOURNMENT: 9:50 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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