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Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - October 14, 2004


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The stated meeting of the Board of Commissioners of the Township of Abington was held on Thursday, October 14, 2004 at the Township Administration Building, Abington, PA., with Commissioner Gross presiding.

CALL TO ORDER: 8:02 p.m.

ROLL CALL: Present: Commissioners AGOSTINE, MYERS, WACHTER, TURCO, ZAPPONE, CARLIN,O’CONNOR (8:30 p.m.),WEILHEIMER, MCGRATH, DEVORE, GILLESPIE, RING, GROSS Excused: DIJOSEPH, LUKER

Township Manager CONWAY

Township Treasurer SOLOMON

Assistant Manager LAHAZA

Township Solicitor HERDER

Chief Of Police KELLY

Township Engineer POWERS

Finance Director MATIZA

Director of Parks & Recreation WENDELL

Director of Code Enforcement MATTEO

Planning & Zoning Official PENECALE

Director of Public Works MICCIOLO

Superintendent of W.W.T.P. LEBER

PLEDGE OF ALLEGIANCE

COMMENDATIONS:

Chief Kelly stated Detective Anthony Ammaturo served four years of active duty in the U.S. Marine Corp. from 1977 to 1981, and began his career with Abington Township Police in 1987. He spent nine years in the Patrol Division. He was assigned to the Detective Division in 1996. Commissioners Gross and Myers presented him with a Class III commendation for his outstanding performance in the Wawa armed robbery case.

Chief Kelly stated Officer Michael McCollough was hired in 1996, and spent eight years in our Patrol Division. He received a Class III commendation last year for his outstanding performance in the 7-11 robberies case. On August 13, 2004, the Toys R Us in Upper Moreland Township was robbed, and he apprehended two armed suspects in Philadelphia. Commissioners Gross and Myers presented him with a Class II Commendation for his bravery.

APPROVAL OF MINUTES:

Commissioner Ring made a MOTION, seconded by Commissioner Carlin to approve the minutes of the Board of Commissioners Meting of September 9, 2004.

MOTION was ADOPTED 12-0.

PUBLIC WORKS COMMITTEE:

Sanitary Sewer Assessments - Contract 126

Resolutions 04-019 through 04-023

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to adopt Resolutions providing for the assessment of costs pertaining to the construction of sanitary sewers in the following districts:

Resolution 04-019 - Rydal II

Resolution 04-020 - Meetinghouse Road

Resolution 04-021 - Edge Hill Road

Resolution 04-022 - Meadowbrook II

Resolution 04-023- Acorn Lane

MOTION was ADOPTED 12-0.

Resolution 04-019

Resolution 04-019

Resolution 04-020

Resolution 04-020

Resolution 04-021

Resolution 04-021

Resolution 04-022

Resolution 04-022

Resolution 04-023

Resolution 04-023

Baeder Creek Flood Mitigation Project

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to waive Deed Transfer Tax on the sale of homes in the Baeder Creek Flood Mitigation project.

MOTION was ADOPTED 12-0.

Rejection of Bids - Contract 129 Sewer Repair

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to reject all bids for Contract 129 sewer repair.

MOTION was ADOPTED 12-0.

Wastewater Funding - Sewer Backups

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to authorize expenditure of funds from Sewer Operating Fund Retained Earnings for cleanup and restoration costs of homes affected by sewer backups, not covered by homeowners’ insurance, in an amount not to exceed $50,000.

Commissioner Wachter stated there is no legal obligation on the part of the Township.

Solicitor Herder replied that is correct.

MOTION was ADOPTED 12-0.

CODE ENFORCEMENT COMMITTEE:

Waiver of School District Permit Fees

Commissioner Agostine made a MOTION, seconded by Commissioner Wachter to approve waiving the permit fees for the new Highland Elementary School, Overlook Elementary School and Sports Facility for an amount of $112,820. This amount includes demolition costs, construction costs, HVAC, electrical and plumbing costs. This item was TABLED at the September 9th Board meeting.

Commissioner Agostine asked does this motion need to be removed from the table?

Solicitor Herder replied the rule of parliamentary procedure is that a matter placed on the table should be removed from the table; however there is nothing that formally binds this Board from the Roberts Rules and Procedures for this particular matter.

MOTION was ADOPTED 12-0.

Land Development LD-04-04 - WXZ/Penn, LLC

Commissioner Agostine made a MOTION, seconded by Commissioner Wachter to approve the land development and reverse subdivision plan for WXZ/Penn, LLC as prepared by Bohler Engineering, Inc., dated August 27, 2004. Applicant proposes to consolidate the two parcels and construct a 7,000 sq. ft. building for use as an auto parts store. Applicant proposes ingress and egress from both Easton Rd. and Weldon Ave. Off-street parking stalls, loading bay, and trash enclosure area are also proposed. The development will conform to the dimensional requirements of Section 401.3 of the Zoning Ordinance. Property is located at 462 Easton Rd., zoned in the Special Commercial District in Ward 13 of the Township.

Motion is subject to the following conditions:

Rear elevation of the building must be screened from view of any roof-top mechanical equipment.

Applicant will adhere to the recommendation of the Traffic Safety Officer that a NO RIGHT TURN sign be installed at the Weldon Ave. entrance.

The applicant will remove the existing stone wall on the Weldon Ave. frontage up to the property line. This will allow for a sight distance of 182 feet.

The applicant will create a curve-line design to prohibit right-hand turns onto Weldon Ave.

Motion is subject to the following waivers:

Waiver from Section 146-(A)(4) - Tract boundaries with tax parcel numbers, owners’ names ;and approximate acreage of lots surrounding any portion of the site for a distance of 400 ft.

Waiver from Section 146-11(B)(7) - The location, size, and ownership of all underground and above-ground public or private utilities, on the site within 400 ft. of any portion of the site, including water lines, sanitary sewer lines, storm sewer lines, electric lines, telephone lines, gas mains, fire hydrants, and streets lights.

Waiver from Section 146-11(K) - Sewage Facilities Planning Modules for subdivision and land development, as required by the Sewage Facilities Act.

 

Joe McGrory, Attorney representing the applicant, stated we do not agree to Condition # 4. We do agree with prohibiting right turns onto Weldon, and with installing the appropriate signage; however the curving will create dangerous traffic movements. A "pork chop" is usually done in the middle of an intersection to prohibit a left-hand turn.

Commissioner Agostine stated Commissioner Gillespie had meetings with the residents and there are concerns about traffic cutting through the neighborhood. There are other areas in the Township where we have been successful using this kind of curve line design. It makes it difficult to make that turn into the neighborhood, but it does not affect the flow into the property.

Mr. McGrory stated he understands about truck traffic, and we can self-regulate any trucks that come to our facility. We can also put up a sign prohibiting right-turn movements, but the trucks are large tractor trailers, and they need the full ingress and egress through this site. The traffic trying to avoid those curves would be thrown into oncoming traffic. We will work with the residents to alleviate their concerns.

Commissioner Weilheimer asked does the applicant intend to abide, appeal, or withdraw the application if the motion is passed as stated?

Mr. McGrory replied the Township ordinance permits our design, and there are three waivers as part of this motion. If the Township feels those waiver requests are unreasonable, his client will comply. The last waiver deals with planning modules, which are not necessary for this application because the sewer capacity is already there from the existing use. This is a fully compliant plan, and we would appeal.

Commissioner Agostine asked what is the time frame for this application?

Mr. Matteo replied we have until November 25, 2004.

Commissioner Agostine asked the applicant if they are willing to work with our Traffic Safety Officer and the neighbors regarding Condition #4, and continue this until next month.

Mr. McGrory replied yes, but we only have a certain amount of time. These are sites that are designed all over the nation, and there is a certain criteria that has to be met; however we do have some flexibility.

Commissioner Gillespie stated there are narrow streets with no sidewalks. The neighbors are concerned about the safety of the children.

Commissioner Turco asked is this site proposed on Easton Road?

Board of Commissioners Meeting October 14, 2004

 

Mr. Matteo replied yes.

Commissioner Turco stated we might be creating a problem with tractor trailers pulling out onto a small street. We don’t want them backing out onto a major highway either.

Mr. McGrory stated we need to have that entrance there to function for tractor trailer deliveries.

Commissioner Turco stated he would like to see a copy of the full plans.

Commissioner Agostine stated we need more time to work out the details of this entrance. She asked the applicant if they are willing to meet with Commissioner Gillespie, the neighbors, our Traffic Safety Officer and the Code Enforcement staff.

Mr. McGrory agreed.

Commissioner Gross stated this will be referred back to the Code Enforcement Committee, and postponed until next month.

Subdivision SD-04-07 - George Giberson & K&R Builders, LLC

Commissioner Agostine made a MOTION, seconded by Commissioner Wachter to approve the subdivision plan of George Giberson and K&R Builders, LLC, as prepared by Pahutski Land Surveying, dated July 20, 2004. Applicant proposes to relocate the existing property line of the two existing parcels. Lot A contains the existing single-family dwelling and will be reduced in size from 17,251 sq. ft. to 14,950 sq. ft. Lot B is a vacant lot and will be increased in size from 5,755 sq. ft. to 8,056 sq. ft. Applicant has received the approval of the ZHB. Properties are located at 940 Kirkwood Avenue, zoned in the (R-3) Residential District in Ward 3 of the Township.

Motion is subject to the following waivers:

Waiver from Section 146-(11)(A) - Property Identification Plan - Township name plus any other municipality in which the subdivision or land development is located.

Waiver from Section 146-(11)(B) - Existing Features Plan - Complete boundary survey of the property to be subdivided or developed, showing all courses, distances, areas, and tie-ins to all adjacent street intersections.

Waiver from Section 146-(11)(C) - Proposed Layout Plan - The plan shall show the layout, width, length, center line elevation and names of all proposed cartways, streets, alleys, together with location of all associated curbs, sidewalks, and gutters. Waiver from Section 146-(11)(D) - Grading Plan - Existing topography lines shall be measured at vertical intervals of two feet for land with an average natural slope of 10% or less. Waiver from Section 146-27 - Sidewalks and Curbs - Where required, sidewalks shall be provided along all streets except where, in the opinion of the Board of Commissioners, they are unnecessary for the public safety and convenience.

MOTION was ADOPTED 12-1. Commissioner O’Connor opposed.

Amendment to Lease Agreement -

Huntingdon Road Pump Station Property

Commissioner Agostine made a MOTION, seconded by Commissioner Wachter to amend the Lease Agreement with the School Board for the use of the Huntingdon Road Pump Station property by changing the term from five years to 11 years.

MOTION was ADOPTED 13-0.

PUBLIC SAFETY COMMITTEE:

Chief Kelly announced that the PA State Police went under cover at the spas on Easton Road and Old York Road, and received solicitations for sex for pay at both locations. Our detectives served search warrants and arrest warrants this evening, and several people have been arrested.

PA Drug Education and Law

Enforcement Grant Program (DARE)

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to accept a grant award for DARE from the PCCD in the amount of $62,418.

MOTION was ADOPTED 13-0.

 

NO PARKING ANYTIME - Hamilton Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of NO PARKING ANYTIME signs on the north side of Hamilton Ave. from Easton Road to Summit Ave.

MOTION was ADOPTED 13-0.

Multi-Way Stop Signs - Sunset Avenueat Wellington Terrace/Road

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of STOP signs on Sunset Avenue at Wellington Terrace/Road.

MOTION was ADOPTED 13-0.

HANDICAPPED PARKING - 210 Osceola Avenue

 

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one HANDICAPPED PARKING sign to allow for the parking of one vehicle in front of 210 Osceola Avenue.

MOTION was ADOPTED 13-0.

PUBLIC AFFAIRS COMMITTEE:

Renewal of In-Lieu-of-Tax Agreement

with Abington Memorial Hospital

Commissioner DeVore made a MOTION, seconded by Commissioner Carlin to authorize a new five-year agreement with Abington Memorial Hospital for in-lieu-of-tax payments.

Commissioner Gillespie asked has some of this money gone towards Parks & Recreation?

Mr. Wendell replied no.

Commissioner Gross stated we will discuss this at our budget meeting.

MOTION was ADOPTED 13-0.

 

 

Board of Commissioners Meeting October 14, 2004

Ardsley Community Center Lease Renewal

Commissioner DeVore made a MOTION, seconded by Commissioner Carlin to authorize renewal of the Lease Agreement with the School Board for the Ardsley Community Center for a ten-year term, to September 26, 2015.

MOTION was ADOPTED 13-0.

FINANCE COMMITTEE:

Treasurer’s Report:

Treasurer Max M. Solomon stated for September, 2004 $766,281 was deposited into Fleet Bank, YTD $13,157,408. We collected $61,126 in Real Estate Taxes, YTD $19,737,331.

Investments

Commissioner Carlin made a MOTION, seconded by Commissioner Gillespie to approve the investments for the month of August, 2004 as previously circulated to the Board. It was noted that investments for the month totaled $843,000. Interest yields ranged from 1.60% to 5.00%.

MOTION was ADOPTED 13-0.

Expenditures/Salaries and Wages

Motion to:

Approve the July, August expenditures as previously circulated to the Board, in the

amount of $1,672,057.76 and salaries and wages in the amount of $1,342,018.18.

Authorize the proper officials to sign vouchers in payment of bills and contracts as

they mature for the month of November, 2004.

Roll Call resulted in motion being passed 13-0.

Training and Conference Expenses

Commissioner Carlin made a MOTION, seconded by Commissioner Gillespie to approve the Advance and Travel Expense activity for August, 2004 as previously circulated to the Board. Advances and Travel Expense Reports were $330 and $3,644.52, respectively. Eight (8) month expenses totaled $45,375.72.

Board of Commissioners Meeting October 14, 2004

MOTION was ADOPTED 13-0.

Clearing Fund/Deferred Revenue and Expense/Petty Cash

Commissioner Carlin made a MOTION, seconded by Commissioner Gillespie to approve the Clearing Fund, deferred revenue/expense activity and petty cash balances for the month of August, 2004 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, 2004 were $2.52 and ($0.00), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of August, 2004 were $2,430.45 and ($6,904.03), respectively.

MOTION was ADOPTED 13-0.

PUBLIC HEARING - Ordinance #1917 - $592,598 of Non-Electoral Debt - General Obligation Note Series B 2004

Commissioner Gross made a MOTION, seconded by Commissioner Carlin to adopt Ordinance #1917 calling for the issuance of $592,598 in General Obligation Non-Electoral Debt to purchase two refuse vehicles, Motorola MCC 5500 radio console base infrastructure (radio room project), and cost of issuance.

Commissioner Gross opened the Public Hearing at 8:37 p.m.

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

Commissioner Gross asked for any public comments in favor of this ordinance. There were none.

Commissioner Gross asked for any public comments in disfavor of this ordinance. There were none.

Commissioner Gross made a MOTION, seconded by Commissioner Wachter to close the Hearing.

MOTION was ADOPTED 13-0. The Hearing was closed at 8:38 p.m.

MOTION to adopt this ordinance passed 13-0, and it is attached to these minutes.

Board of Commissioners Meeting October 14, 2004

 

Resolution #04-014 - Financing of General Obligation

Note Series B 2004 for Capital Equipment

Commissioner Carlin made a MOTION, seconded by Commissioner Gillespie to adopt Resolution No. 04-014 awarding Earthstar Bank the financing of two refuse vehicles and radio room capital project in the amount of $592,598.

MOTION was ADOPTED 13-0.

Contingency Expense Authorization

Commissioner Carlin made a MOTION, seconded by Commissioner Gillespie to authorize a transfer of $10,000 from Contingency Acct. #01-01-002-5299 to Tax Collector Contracted Services Acct. #01-02-021-5305.

MOTION was ADOPTED 13-0.

Audit Proposal

Commissioner Carlin made a MOTION, seconded by Commissioner Gillespie to appoint the firm Bee, Bergvall & Company as Township auditors for a five-year period commencing 2005 and ending with the completion of audit procedures for the year 2009.

To authorize the Township officials to enter into a five-year agreement commencing 2005 with Bee, Bergvall & Company for the performance of Township and Tax Office audit services at an annual cost of $32,650 to the Township. Township share is $29,450; CDBG Program share is $3,200.

MOTION was ADOPTED 13-0.

New Local and Long Distance Phone Carrier

Commissioner Carlin made a MOTION, seconded by Commissioner Gillespie to authorize proper Township officials to enter into a contract with US - Lec for local and long-distance charges for phone service at the Municipal Building for a three-year period.

MOTION was ADOPTED 13-0.

COMMENTS FROM STAFF:

Treasurer Max Solomon commented the Finance Dept. deserves a lot of credit for obtaining an interest rate of 5%, and for their fine choice of investments.

PUBLIC COMMENT:

Chris Robinson, 454 Elk Street, stated the citizens are not in favor of the auto parts store. He feels the Board should not grant those waivers. There will be 65 ft. tractor trailers making deliveries early in the morning several times a week. Those trucks will be exiting onto Weldon Avenue, and the real reason they do not want the "pork chop" is because it would interfere with those trucks exiting onto a very small side street.

Annette Dougherty, 450 Elk Street, stated if the Board does not grant relief from the "pork chop" condition the applicant will withdraw their application.

Commissioner Wachter stated the applicant said they would appeal, and if they do, none of these requirements will be upheld by a judge.

Ms. Dougherty stated there are three elementary schools within ¼ mile of this site. The only path to those schools is directly in front of that site. The only crossing guard is within 50 feet of the exit and entrance to that building.

Commissioner Wachter suggested no deliveries be made during school hours.

Ms. Dougherty stated the neighbors on Elk and Weldon Avenue are in agreement to make Weldon a one-way out to Easton Road, and Elk Street a one-way.

Commissioner Gross stated this will be discussed with our Traffic Safety Officer.

Ms. Dougherty stated they will have to perform traffic and water impact studies, and they need to put in an underground retention basin rather than tying into the existing storm sewers that are already at capacity.

REMARKS OF COMMISSIONERS:

Commissioner Myers congratulated Chief Kelly and Lou Kline for a wonderful PAL event.

Commissioner Wachter commented he is happy to see Max Solomon at this meeting.

Commissioner Carlin announced the Dedication Ceremony will be held on Saturday, October 16, 2004 at Roslyn Park at 11:00 a.m. to celebrate the introduction of the new trail system into the Roslyn/Ardsley Park area. There will be a Beef-n-Beer on Saturday, October 23, 2004 at the Willow Grove VFW from 7-11 p.m. for general fund raising purposes.

Commissioner Weilheimer commented the new fence surrounding Brentwood Manor looks good.

Commissioner McGrath commented the PAL Food Festival was wonderful. She welcomed back Max Solomon, and thanked Chief Kelly and our police department for the arrests made at the spas. She thanked Mr. Wendell, Mr. Micciolo, Mr. Powers, and Mr. Pontelandolfo for their assistance in resolving some problems in her ward. She wished Commissioner DeVore and his family the best of luck.

Commissioner Gillespie announced there will be an Octoberfest on October 22, 2004 at the VFW in Ardsley to raise money for the football stadium at Abington High School.

Commissioner Gross thanked Ms. Matiza for doing a great job with the budget. How did the deer hunt go on Monday?

Mr. Wendell replied we got four deer out of the park, and everything went well.

Commissioner DeVore announced his resignation, and stated he will be working for the Governor of Connecticut. He thanked everyone for the opportunity to be civicly involved since 1971 in Ward 11, and it has been a great honor and privilege. It has been wonderful to be associated with such a fine government as we have in Abington Township.

Commissioner Gross thanked Commissioner DeVore on behalf of the entire Board and staff for his 13 years of excellent service to the Township as Commissioner of Ward 11. We greatly appreciate it.

 

ADJOURNMENT: 9:00 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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