Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - October 11, 2001

The stated meeting of the Board of Commissioners of Abington Township was held on Thursday, October 11, 2001, at the Township Administration Building, Abington, Pennsylvania, with President Barbara C. Ferrara presiding.
CALL TO ORDER: 8:05 P.M.

ROLL CALL: Present: Commissioners AGOSTINE, WACHTER, GROSS,

CARLIN, ZAPPONE, DEVORE, O’CONNOR, MYERS,

GILLESPIE, FERRARA, LUKER, MCGRATH, RING

TURCO

Excused: Commissioner KRETSCHMAN

Township Manager CONWAY

Assistant Township Manager LAHAZA

Township Solicitor HERDER
Chief of Police KELLY

Treasurer SOLOMON

Construction Project Manager CLARK

Assistant Finance Officer MATIZA

Director of Public Works MICCIOLO

Director of Parks and Recreation WENDELL

Superintendent of W.W.T.P. LEBER

PLEDGE OF ALLEGIANCE

MINUTES

Commissioner Turco made a MOTION, seconded by Commissioner McGrath, to approve the minutes of the September 13, 2001 Board of Commissioners Meeting.

MOTION was ADOPTED 14-0

COMMENDATIONS:

Commissioner Ferrara and Cathy Gauthier presented commendations to Bob White, Mary Jo Collins, Chris Bors, Sam Blumburg, Dyan Hegerich, Chuck Marsh, Mary and George Wrigley, Beverly Kummerling and Marissa Kummerling. These individuals are responsible for stenciling 750 storm drains under the auspices of the Environmental Advisory Council.

Commissioner McGrath presented George W. Edwards the Citizens Crime Prevention Volunteer award from the Office of the Governor. Chief Kelly stated Mr. Edwards participates in Town Watch; he’s also a member of the Citizens Police Commission. State Representative Ellen Bard presented Mr. Edwards with a commendation from the Commonwealth.

Chief Kelly called on District Attorney Bruce Castor and Lieutenant John Livingood to present Mary C. Fittipaldi retiring Assistant D.A. with a commendation. She has received statewide recognition for exposing child pornographers. She guided Abington through several sexual abuse cases. Mr. Castor stated Ms. Fittipaldi has always stood out and could always be counted on.

Chief Kelly called on Commissioners Ferrara and DeVore to present a commendation to Officer Richard Beaghley for his June 16th flood rescue. He stated Officer Beaghley was on vacation when the others received their award.

Chief Kelly called on Maureen Frye to present a commendation to Mary Fittipaldi. She thanked her for working with the Abington Memorial Hospital Forensic Nurse Examiner Program for two years. Ms. Fittipaldi taught the nurses to think of the patient as a victim and to prepare them for trial and for closure.

PUBLIC WORKS COMMITTEE

Bid Award – Biosolids Recycling
Commissioner Gross made a MOTION, seconded by Commissioner Luker to accept the lowest responsible bid and enter into a one-year contract, beginning November 1, 2001, with Jesse Baro, Inc. for biosolids recycling in the amount of $33.75/ton, to be paid from Sewer Fund Account #02-10-200-5305.

MOTION was ADOPTED 14-0

DEP Recycling Grant Award
Commissioner Gross made a MOTION, seconded by Commissioner McGrath to authorize the proper Township officials to accept a recycling grant award in the amount of $564,282 from DEP to implement the expansion of our current Recycling program.

MOTION was ADOPTED 14-0

Commingled Recycling Program
Commissioner Gross made a MOTION, seconded by Commissioner Luker to authorize an expenditure of up to $155,554 from Unallocated Fund Balance for the purchase of recycling containers, advertising and miscellaneous purchases for the startup of our proposed Commingled Recycling Program.

MOTION was ADOPTED 14-0

Edge Hill Road Sanitary Sewers

Commissioner Gross made a MOTION, seconded by Commissioner Luker to accept a proposal from Buckley & Company in the amount of $19,220 to extend a portion of sanitary sewer in Edge Hill Road, to be funded from Unallocated Sewer Capital Retained Earnings.

MOTION was ADOPTED 14-0

Drainage Project – Highland Avenue

Commissioner Gross made a MOTION, seconded by Commissioner DeVore to approve N. Abbonizio, Inc.’s proposal as Amendment #6 to their contract, in the amount of $14,120 for a drainage problem at 1120 Highland Avenue. This amount to be transferred to Account #07-07-566-7002 from Unallocated Permanent Improvement fund.

MOTION was ADOPTED 14-0

Bid Rejection – Wikler Walk

Commissioner Gross made a MOTION, seconded by Commissioner Luker to reject two bids received for the construction of Wikler Walk since they were above the budgeted amount of $50,000 which included engineering and construction.

MOTION was ADOPTED 14-0
Old York Road Revitalization – Phase II
Commissioner Gross made a MOTION, seconded by Commissioner Luker to authorize final payment for completion of Phase II improvements of Old York Road to McCarthy Masonry & Concrete in the amount of $12,350. Payment will be made from 2000 Economic Development Capital Improvement Fund, Account #07-01-502-7000.

MOTION was ADOPTED 14-0

CODE ENFORCEMENT COMMITTEE

Land Development – LD-01-05 Williard, Inc. – 375 Highland Avenue
Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the Land Development Plan for Williard, Inc., as prepared by Charles E. Shoemaker, Inc. to construct a 10.098-sq.-ft. addition to the existing building. Proposed addition will be used for improved loading bays and additional layout and manufacturing area. Property involved is located at 375 Highland Avenue, zoned in the (SI) Suburban Industrial District in Ward 12 of the Township.

Motion is subject to the following conditions:

1. Tractor-trailer will be removed and relocated to other areas on the property.

2. Property will be cleaned-up and maintained at all times.

3. Applicant will replace all existing sidewalks along Wharton Road.

4. Applicant will install additional landscaping in front of the addition and landscaping along Stewart Avenue.

MOTION was ADOPTED 14-0

Land Development LD-01-06 McDonald’s Corp. Huntingdon Valley Shopping Center

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the Land Development Plan for McDonald’s Corporation as prepared by Bohler Engineering, Inc. to construct a new 4,117-sq.-ft. restaurant with accessory signage and parking at the Huntingdon Valley Shopping Center. The existing Boston Market will be demolished and a parking area installed in its place. The property is situated in the Huntingdon Valley Shopping Center, Huntingdon Pike, zoned in the (PB) Planned Business District in Ward 3 of the Township.

Motion is subject to the following conditions.

1. Landscaping and fencing will be installed as depicted on a site plan dated (revised) September 11, 2001.

2. Applicant will install a mountable concrete curb median at the driveway entrance directing traffic to make RIGHT TURNS ONLY onto Huntingdon Pike. (This is subject to approval of PennDot and the Shopping Center property owners.)

3. Applicant will also install a NO LEFT TURN sign at the driveway entrance.

Motion is subject to the following waivers:

1. Waiver for tract boundaries noted on the plan more than 400 ft. surrounding the site.

2. Waiver for property lines noted on the plan more than 400 ft. surrounding the site.

3. Waiver for utility locations noted on the plan more than 400 ft. surrounding the site.

MOTION was ADOPTED 14-0

PUBLIC SAFETY COMMITTEE

Commissioner DeVore made a MOTION, seconded by Commissioner McGrath to increase handicapped parking fines to $50-$200.

MOTION was ADOPTED 14-0

Removal of Handicapped Parking Sign

Commissioner DeVore made a MOTION, seconded by Commissioner McGrath to approve the removal of one HANDICAPPED PARKING sign in front of 2300 Heston Street.

MOTION was ADOPTED 14-0

STOP Sign – Elkins Ave. at Davidson Road

Commissioner DeVore made a MOTION, seconded by Commissioner McGrath to approve the installation of one STOP sign on Elkins Avenue at Davidson Road.

MOTION was ADOPTED 14-0

Resolution 01-023 – Flashing Warning Devices on Horace Avenue for Abington Hospital

Commissioner DeVore made a MOTION, seconded by Commissioner McGrath to adopt Resolution 01-023 authorizing the proper Township officials to request of PennDOT a permit to install, operate and maintain flashing warning devices on Horace Avenue at Abington Hospital.

MOTION was ADOPTED 14-0

Resolution 01-024 – Flashing Warning Device on Edge Hill Road at Carmel Presbyterian Church

Commissioner DeVore made a MOTION, seconded by Commissioner McGrath to adopt Resolution 01-024 authorizing the proper Township officials to request of PennDOT a permit to install, operate and maintain flashing warning devices on Edge Hill Road at Carmel Presbyterian Church.

MOTION was ADOPTED 14-0

PUBLIC AFFAIRS COMMITTEE

The Committee had no business.

AUDIT COMMITTEE

Treasurer’s Report

Max Solomon stated they collected $649.000 for the month of September. Year to date they have collected $13 million dollars. He also stated for the month of September they collected $31,000 in Real Estate taxes and $18 million has been collected year to date.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner Ring to approve the investments for the month of August 2001 as previously circulated to the Board. It was noted that investments for the month totaled $966,000. Interest rates ranged from 4.40% to 6.50%.

Expenditures/Salaries and Wages

Commissioner Luker made a MOTION, seconded by Commissioner Ring to:

(A) Approve the August 2001 expenditures as previously circulated to the Board, in the amount of $1,557,483.92 and salaries and wages in the amount of $1,423,299.90.

(B) Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of November 2001.

MOTION was ADOPTED 14-0

Training and Conference Expenses

Commissioner Luker made a MOTION, seconded by Commissioner Ring to approve the Advance and Travel Expense activity for August 2001 as previously circulated to the Board. Advances and Travel Expense Reports were $0.00 and $2,066.30, respectively. Eight (8) month YTD expenses total $32,322.35.

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 August 2001 as previously circulated to the Board.

Petty Cash balances were approved as per Audit Committee Report.

Clearing Fund receipts and disbursements for the month of August 2001 were $.23 and ($0.00), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of August 2001 were $11,887.37 and ($4,681.96), respectively.

Budget Adjustment Authorization

Commissioner Luker made a MOTION, seconded by Commissioner Ring to authorize a budget adjustment not to exceed $5,000 from Unallocated Fund Balance Account #01-06-087-5291 for Legal Expense – Zoning Hearing Board Cases.

MOTION was ADOPTED 14-0

Resolution #01-021 – Appointment of Secretary and Assistant Secretary

Commissioner Luker made a MOTION, seconded by Commissioner Ring to adopt Resolution #01-021 appointing Burton T. Conway to serve as Secretary and Susan W. Matiza to serve as Assistant Secretary to the Board of Commissioners.

MOTION was ADOPTED 14-0

PENSION COMMITTEE

Resolution 01-022 – Establishment of Schedule of Police Pension Plan Contribution for the Year 2002

Commissioner Gross made a MOTION, seconded by Commissioner Wachter to adopt Resolution 01-022 affirming the elimination of officer contributions to the Police Pension Plan unless and until they are needed to keep the plan fully funded as determined by future actuarial study.

MOTION was ADOPTED 14-0

RESOLUTION NO. 01-022

Establishment of Schedule of Police Pension Contributions

for the Year 2002

WHEREAS, the Township of Abington ("Employer") did in fact establish the Abington Township Police Pension Plan (the "Plan"): and

WHEREAS, the "Employer" does in fact from time to time modify and/or amend said "Plan".

WHEREAS, any and all amendments and modifications to said "Plan" will adhere to all regulations as per Pension laws (Act 600 and 205) and Article XIV, Sec. 14.1 of said "Plan".

WHEREAS, the "Employer" will, when necessary, have actuary studies performed to substantiate any and all modifications.

WHEREAS, on December 14, 1989, the "Employer" did in fact amend Article XII entitled, "Contribution to Provide Benefits", Section 12.02, Mandatory Participant Contributions.

WHEREAS, on December 13, 1990, November 14, 1991, November 12, 1992, and October 14, 1993 the "Employer" did in fact affirm this position by resolution.

WHEREAS, on September 9, 1993, the "Employer" did in fact enter into a "Pension Fund Agreement" with the Abington Township Police Association, retroactive to January 1, 1993, which amends Article XII, section 12.02, to add paragraph (i).

(i) (1) Notwithstanding all of the above, effective January 1, 1993, all officers hired prior to January 1, 1990, shall have a zero percent (0%) contribution rate, which has been in force since November 20, 1989.

(2) Effective January 1, 1993, all officers hired between January 1, 1990 and December 31, 1991, who are currently contributing five percent (5%) to the Police Pension Plan, will now have their contribution reduced to zero percent (0%).

(3) For the year beginning January 1, 1994, pension contributions will be made as follows:

Each officer hired in 1993 or 1994 will contribute five percent (5%) of his/her W-2 earnings to the Police Pension Plan. Officers hired between January 1, 1992 and December 31, 1992 will cease plan contributions.

(4) For the year beginning January 1, 1995, police contributions will be made as follows:

Each officer hired in 1994 or 1995 will contribute five percent (5%) of his/her W-2 earnings. Officers hired between January 1, 1993 and December 31, 1993 will cease contributions.

(5) Each officer hired in 1996 will contribute five percent (5%) of his/her W-2 earnings to the Police Pension Plan through December 31, 1997.

(6) Each officer hired in 1997 will contribute five percent (5%) of his/her W-2 earnings to the Police Pension Plan through December 31, 1998.

(7) Each officer hired in 1998 will contribute five percent (5%) of his/her W-2 earnings to the Police Pension Plan through December 31, 1999.

(8) Each officer hired in 1999 will contribute five percent (5%) of his/her W-2 earnings to the Police Pension Plan through December 31, 2000.

(9) Each officer hired in 2000 will contribute five percent (5%) of his/her W-2 earnings to the Police Pension Plan through December 31, 2001.

(10) Each officer hired in 2001 will contribute five percent (5%) of his/her W-2 earnings to the Police Pension Plan through December 31, 2002.

(11) Each officer hired in 2002 will contribute five percent (5%) of his/her W-2

earnings to the Police Pension Plan through December 31, 2003.

WHEREAS, after completion of two calendar years of service as a police officer, the contribution rate of 5% to the Police Pension Plan shall cease. Thereafter, a 2 1/2% payroll deduction on W-2 earnings will be withheld and deposited to the special escrow funds established by the Abington Police Association and Abington Police Lieutenants Association.

NOW, THEREFORE, BE IT RESOLVED AND ADOPTED this 11th day of October, 2001 that Article XII, Sec. 12.02, paragraph (i) stand as amended.

ABINGTON TOWNSHIP

BOARD OF COMMISSIONERS

By: Barbara C. Ferrara, President

ATTEST:

Burton T. Conway, Secretary

Resolution 01-026 Compensation for Personnel on Military Duty

Commissioner Ferrara made a MOTION, seconded by Commissioner Turco to adopt Resolution 01-026 regarding compensation for personnel on Military Duty.

MOTION was ADOPTED 14-0

Commissioner DeVore stated the School Board should receive notification of Resolution 01-026.

COMMENTS:

Victor Krievins, 840 Maple Avenue asked about the trails in the Township. He feels the first three trails should be complete before starting anymore.

Julie Still, 559 Harvey Road a member of the Citizens Trails Advisory Committee spoke on raising funds for trails. She said the committee has been waiting to hear from the Board.

Commissioner Ferrara stated the Board would be glad to hear their proposal for any matching funds.

State Representative Ellen Bard stated there’s a deadline fast approaching and the State budget has been passed. She said she’s here asking for money to provide an improvement to our Parks and Recreation. She asked if there’s something that can be done so that we don’t miss out on this opportunity.

Rob Stiratelli, 624 Rodman Avenue stated he’s also a member of the Trails Committee. He stated the committee is not trying to interfere with any of the Township’s plans. They’re here to show support and help with funding.

Nancy Reese, 1866 Keith Road stated the community house in Roychester Park was once a barn and the bathrooms need to be renovated. Commissioner Ring stated they had $25,000 to have handicapped accessible facilities installed. He said he has been helping the Community Board with fund raisers because there is not enough money to pay what the contractors are asking to do the work.

Julie Gronisch, 569 Pond View Drive in Rydal stated she received information regarding a trail through Alverthorpe Park. She said she lives behind the park. It’s already a problem with the teens hanging out in the park. She would love to have a trail but it’s not a good idea.

Commissioner Ferrara stated trails are a difficult issue and in order to expand time needs to be spent with the neighbors so they can express their concerns. She said the residents on Pond View Drive would be notified. We are trying to complete funding for the three trails already approved. The Board wants to go to private sources first and is not looking at State grant money presently.

Ken Krawchuk, 117 West Avenue stated that after the last meeting he wrote a letter to one of the local newspapers stating how he had been treated. He said six days after the letter was sent he received a harassing letter from the Tax Office. Commissioner Carlin stated he appreciates Mr. Krawchuk’s comments but more than likely the letter didn’t state what the entire evening was like. Commissioner Turco stated Mr. Krawchuk has been allowed to speak on any issue he has wanted to.

Michael Saresky, 2837 Omega Place asked what happen to the street sweepers. He said the only time he has seen the sweeper was right after the overlaying project was complete. Ed Micciolo stated the Township only has one sweeper. He doesn’t have the manpower to dedicate one person for this every day. If there’s a problem on State highways residents should call the State. He said when the State highways get too bad he usually sends someone out to clean them.

Commissioner Carlin stated he received compliments on the new equipment in Roslyn Park. He also thanked the Environmental Advisory Council for stenciling the drains.

Commissioner DeVore commended the Police Department on how the bomb scare at the High School was handled.

Commissioner McGrath thanked everyone for helping with the Roslyn Fest and Car Show.

ADJOURNMENT: 9:11 p.m.

/cdf