Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - October 9, 2003

The stated meeting of the Board of Commissioners of the Township of Abington was held on Thursday, October 9, 2003 at the Township Administration Building, Abington, PA., with President Barbara C. Ferrara presiding.

CALL TO ORDER: 8:00 p.m.

ROLL CALL: Present: Commissioners AGOSTINE, WACHTER,
LUKER, TURCO, ZAPPONE, RING, GROSS,
O’CONNOR, CARLIN, MYERS, MCGRATH, DEVORE,
GILLESPIE, KRETSCHMAN, FERRARA

Township Manager CONWAY
Township Treasurer SOLOMON
Township Solicitor HERDER
Assistant Township Manager LAHAZA
Chief of Police KELLY
Township Engineer POWERS
Finance Director MATIZA
Director of Parks and Recreation WENDELL
Director of Code Enforcement MATTEO
Superintendent of W.W.T.P. LEBER
PLEDGE OF ALLEGIANCE

AWARD:

Commissioner Ferrara and Mr. Wendell accepted an award given to the Township and to Guy Appel, representing the Meadowbrook Bird Sanctuary, by the Pennsylvania Horticultural Society’s Growing Greener Program. This volunteer neighborhood project changed an eyesore into a beautiful bird sanctuary.

Mr. Wendell commented this whole process took less than nine months.

Chief Kelly introduced Officer Jeanette White, who modeled the new police uniform. The new uniforms will be worn starting November 1, 2003.

MINUTES: Commissioner Kretschman made a MOTION, seconded by Commissioner Agostine to approve the minutes of the Board of Commissioners meetings of August 14, 2003 and September 11, 2003.

MOTION was ADOPTED 15-0.

Commissioner Ferrara announced there was an Executive Session held this evening to discuss legal matters.
Board of Commissioners Meeting October 9, 2003

PUBLIC WORKS COMMITTEE:

Ordinance 1900 - Sewering Additional Homes in Meadowbrook Sewer District

Commissioner Ferrara made a MOTION, seconded by Commissioner Ring to adopt Ordinance 1900, amending Ordinance 1871, to provide for the sewering of additional homes in the Meadowbrook #1 Sanitary Sewer District.

Commissioner Ferrara opened the Public Hearing at 8:10 p.m.

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

Commissioner Ferrara asked for any public comments in disfavor of the ordinance. There were none.

Commissioner Ferrara asked for any public comments in favor of the ordinance. There were none.

Commissioner Gross made a MOTION, seconded by Commissioner Ring to close the Hearing. The Hearing was closed at 8:11 p.m.

MOTION to adopt the ordinance passed 15-0.

Ordinance 1900

Brentwood Manor Sewer Inspection Final Payment Authorization

Commissioner Gross made a MOTION, seconded by Commissioner Ring to make final payment on the sewer cleaning and televising contract for the Brentwood Manor sewers, in the amount of $18,441, using funds from Sewer Capital Acct.#17-10-848-7330.

MOTION was ADOPTED 15-0.

Edge Hill Road Storm Sewers

Commissioner Gross made a MOTION, seconded by Commissioner Ring to encumber $809,197.40 for the design of the drainage structures for Tyson Avenue and Edge Hill Road, from Jenkintown to Easton Roads. To be funded from the Baeder Park Detention Basin project. The State will reimburse 80% of the encumbered amount that will be placed in a separate account for future drainage projects.

MOTION was ADOPTED 15-0.

Resolution 03-012 - Manhole Castings Agreement

Commissioner Gross made a MOTION, seconded by Commissioner Ring to approve Resolution 03-012 authorizing PennDOT to adjust manhole castings on Tyson Avenue, in the amount of $2,120, to be paid from Wastewater Operating Acct.#02-10-205-5305.

MOTION was ADOPTED 15-0.

Resolution 03-012

Growing Greener Grant - Nitrogen Monitoring and Control

Commissioner Gross made a MOTION, seconded by Commissioner Ring to authorize application for a PA DEP Growing Greener grant, not to exceed $500,000, for installation of an experimental nitrogen-based activated sludge control system.

MOTION was ADOPTED 15-0.

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:

THE COMMITTEE HAD NO BUSINESS AT THIS TIME.

PUBLIC SAFETY COMMITTEE:

Prohibition of Trucks on Autumn Road

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to prohibit trucks on Autumn Road (except for local deliveries), between Rydal Road and Washington Lane.

MOTION was ADOPTED 15-0.

STOP Sign on Woodland Road at Hampton Road

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of a multi-way STOP sign on Woodland Road at Hampton Road.

MOTION was ADOPTED 15-0.

No Place or Hate/Neighbor Dispute Program

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to transfer $2,250 from Police budget Acct. # 01-01-044-5005 to # 01-04-060-5020 for the No Place for Hate/Neighbor Dispute Program.

MOTION was ADOPTED 15-0.

Victim Service Program

Board of Commissioners Meeting October 9, 2003

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to transfer $2,250 from Police budget Acct. #01-04-044-5005 to #01-04-0060-5020 for the Victim Service Program.

MOTION was ADOPTED 15-0.

PUBLIC AFFAIRS COMMITTEE:

Roslyn-Ardsley Trail Engineering

Commissioner Wachter made a MOTION, seconded by Commissioner DeVore to approve a new line item in the 2003 CDBG Budget - Engineering Roslyn-Ardsley Trail - to be funded in the amount of $18,169.79

To delete the Baeder Park Master Plan from the 2002 CDBG Budget.

MOTIONS were ADOPTED 15-0.

Commissioner Kretschman stated that the Baeder Park Master Plan will be rebudgeted in the ’04 CDBG Budget.

Hillside Condemnation

Commissioner Ferrara made a MOTION, seconded by Commissioner DeVore to authorize an expenditure not to exceed $30,000 from Contingency Acct. #01-01-002-5299 for the Hillside Cemetery condemnation matter.

MOTION was ADOPTED 15-0.

Ordinance 1901 - Allowing Domestic Animals in Meadowbrook Bird Sanctuary

Commissioner Wachter made a MOTION, seconded by Commissioner DeVore to advertise Ordinance 1901, amending Ordinance 1102f, which will allow domestic animals in the Meadowbrook Bird Sanctuary.

Commissioner Ferrara asked for the date of the hearing on this ordinance.

Mr. Conway replied November 13, 2003.

MOTION was ADOPTED 15-0.

Information Technology - Tele-Works - eGovernment

Commissioner Wachter made a MOTION, seconded by Commissioner DeVore to authorize the proper officials to enter into a contract with Tele-Works, Inc. for Phase I eGovernment and eCommerce services in an amount not to exceed $85,000. Funding will be drawn from Computer Capital Accts. 07-01-500-9800, 07-01-500-7300, 07-01-500-7325, 07-01-500-7356, 07-01-500-7357, 07-01-500-7358, 07-01-500-7359, and 01-00-000-2803.

MOTION was ADOPTED 15-0.

Information Technology - Data Base Management and GIS

Commissioner Wachter made a MOTION, seconded by Commissioner DeVore to authorize proper officials to enter into a contract with Municipal Software Corporation for Phase I of Township data base management and GIS interface services known as City View, in an amount NTE $85,547. Funding will be drawn from Computer Capital Accts. 07-01500-9800, 07-01-500-7300, 07-01-500-7325, 07-01-500-7356, 07-01-500-7357, 07-01-500-7358, 07-01-500-7359, and 01-00-000-2803.

MOTION was ADOPTED 15-0.

Resolution 03-013 - Endorsing the County Open Space Program

Commissioner Wachter made a MOTION, seconded by Commissioner DeVore to approve Resolution #03-013 endorsing the proposed 2003 Montgomery County Open Space program.

Commissioner Ferrara stated this proposal will be on the ballot in November for the County to give us the opportunity to buy additional open space. The match is 30% for the Township.

MOTION was ADOPTED 15-0.

Resolution 03-013

Ken Krawchuk, 117 West Avenue, asked is it proper for Commissioners to speak on something that will be on the ballot in November?

Commissioner Ferrara replied yes. It is a question on the ballot that is not politically motivated.

Mr. Krawchuk stated he feels it is very politically motivated, and he is opposed to this issue.

Commissioner Ferrara replied his voice will be heard at the ballot box.

FINANCE COMMITTEE:

Treasurer’s Report:

Treasurer Max M. Solomon stated for September, 2003, $1,037,624 was deposited into Fleet Bank, YTD $12,596,282. We collected $67,049 in Real Estate Taxes, YTD $19,246,647. There was a total increase of $162,000 over last year.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the investments for the month of August, 2003 as previously circulated to the Board. It was noted that investments for the month totaled $266,000. Interest rates ranged from 3.307% to 5.999%.

MOTION was ADOPTED 15-0.

Expenditures/Salaries and Wages

Motion to:

(A) Approve the August, 2003 expenditures as previously circulated to the Board, in the amount of $1,656,889.37 and salaries and wages in the amount of $1,290,905.75.
(B) Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of November, 2003.

Roll Call resulted in the MOTION being PASSED 15-0.

Training and Conference Expenses

Board of Commissioners Meeting October 9, 2003

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the Advance and Travel Expense activity for August, 2003 as previously circulated to the Board. Advances and Travel Expense Reports were $4,488.00 and $90.20, respectively. Eight (8) month expenses total $29,212.62.

MOTION was ADOPTED 15-0.

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 August, 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 August, 2003 were $2.76 and ($0.00), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of August, 2003 were $1,108.15 and ($15,232.80), respectively.

MOTION was ADOPTED 15-0.

PUBLIC COMMENT:

Regarding the Rydal Park litigation, Julie Greenbaum, President of the Rydal/Meadowbrook Civic Association, inquired as to the nature of the conference she understood was scheduled for October 21.

Solicitor Herder responded that the conference was actually oral argument in the mandamus action Rydal Park had brought against the Township, seeking deemed approval of its application for Preliminary Land Development approval. Rydal Park’s requested relief was previously denied by Judge Rhonda Daniele, but Rydal Park applied for reconsideration, and Judge Daniele agreed to reconsider her previous ruling. Judge Daniele agreed to reconsider her previous ruling in light of the ommonwealth Court’s decision in the case of Lehigh Asphalt, which was handed down two days before Judge Daniele entered her order denying Rydal Park’s motion. Solicitor Herder stated that at the time of Judge Daniele’s original order, the Court, the Township, and Rydal Park were all unaware of the Lehigh Asphalt decision.

Rydal Park has submitted its supplemental brief in support of its motion for peremptory judgment, and Township Solicitor Herder has filed a reply brief. Rydal Park has the opportunity to submit a sur-reply brief, and oral argument will be held on October 21, 2003.

Ms. Greenbaum offered RMCA’s assistance on this matter if needed. Solicitor Herder thanked Ms. Greenbaum, but explained that no further testimony would be taken.

Victor Krievens, 840 Maple Avenue, stated an article was written by Ted Taylor about local businesses leaving Abington. It is not the case. He thanked Mr. Lahaza for writing a response to that article in the “Times Chronicle.”

Commissioner Ferrara commented Mr. Lahaza did an excellent job gathering the facts.

Ken Krawchuk, 117 West Avenue, stated the letter that Mr. Lahaza wrote did not address the increase in vacancy rates.

Commissioner Ferrara replied it was addressed.

Mr. Krawchuck asked for the docket number of the legal matter that was discussed in the Executive Session.

Solicitor Herder replied the Hillside Condemnation case was discussed, and he does not know the docket number at this time.

REMARKS OF COMMISSIONERS:

Commissioner Luker thanked Mike Powers and Tim Clark for enduring a long hot summer doing street construction projects. Greg Breyer helped a 93-year-old woman, who was without food and the Code Enforcement and Police departments came to her aid.

Commissioner Turco commented it is ridiculous to have an ordinance that allows domestic animals in a Bird Sanctuary.

Commissioner Gillespie commented Treasurer Max Solomon is doing a great job collecting taxes for the Township.

Commissioner DeVore announced Jim Ring’s wife Jane received the award for “Catholic Teacher of the Year” from the Archdiocese of Philadelphia.

Commissioner McGrath thanked Mr. Matteo and the Code Enforcement Dept. for their help in her area, and thanked those who helped with the PAL International Food Festival & Auction at the Huntingdon Valley Country Club.

Commissioner Myers commented the Festival was a first annual and a success.

Commissioner O’Connor thanked Mr. Matteo and the Code Enforcement Dept. for upholding the property maintenance ordinance.

Commissioner Ferrara applauded the police for doing a wonderful job, and the PAL event was terrific.

Treasurer Solomon complimented Mr. Matteo and the Code Enforcement Dept. for not allowing the contractors to obtain permits before they pay the tax office.

Commissioner Ferrara complimented Tim Clark, Engineering Assistant, for dealing with some very difficult people during the sewer projects.

Commissioner McGrath complimented Mr. Lahaza for his work on the Roslyn Fall Festival and Car Show.

ADJOURNMENT: 8:40 p.m.

Respectfully submitted, Burton T. Conway, Secretary

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