Board of Commissioners Meeting Minutes

The stated meeting of the Board of Commissioners of Abington Township was held on Thursday, October 20, 2005 at the Township Administration Building, Abington, PA, with Commissioner Ring presiding.

CALL TO ORDER: 8:00 p.m.

ROLL CALL: Present: Commissioners MYERS, WACHTER, TURCO,

ZAPPONE, CARLIN, JAY O’CONNOR, MICHAEL

O’ CONNOR, WEILHEIMER, LUKER, MCGRATH,

LYNOTT, GILLESPIE, RING.

Excused: AGOSTINE, DIJOSEPH

Township Manager CONWAY

Assistant Township 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

Director of Public Works MICCIOLO

Superintendent of W.W.T.P. LEBER

Kevin Bloomfield, Boy Scout of the 437 John of the Cross, who is doing a merit project, led in the Pledge of Allegiance.

Mr. Conway stated Abington Township was recently honored with a national award in the recycling area. Mr. Micciolo was at a Solid Waste Convention in Austin, TX, where this award was bestowed on Abington Township.

Mr. Micciolo stated we were awarded the prestigious 2005 Composting Gold Excellence Award for our composting facility by SWANA. SWANA is the Solid Waste Authority of North America. He was presented with the award at their Solid Waste Conference in Austin, TX. We compete against facilities across the United States and this award is a tribute to the Township. They were impressed with the quality of our product and quantity that we process at our yard. The close proximity of our schools and homes and our ability to coexist impressed the judges.

Board of Commissioners Meeting October 20, 2005

We competed for the composting system award and we received the gold award. To be recognized across the nation for our achievement is something to be proud of.

Mr. Conway stated the second place winner was Montgomery County, MD, and the third place was Rapid City, SD.

Mr. Micciolo presented the 2005 Composting Gold Excellence Award to President Ring and Commissioner Wachter.

Former Board of Commissioners President, Barbara Ferrara stated the Centennial Committee has been working diligently on our celebration for next year. Stationery and pins have been designed for the centennial. We are still working on a slogan with a theme that Abington is made up of many neighborhoods and together we make up one town. We would like to order 200 banners to be put up around town approximately every third lamppost in the Township. The estimated cost is $12,000. She spoke to our State Representative Josh Shapiro who will try to get that as a grant. She met with the Montgomery County newspapers and they have agreed to cover the whole year’s celebration with tabs every week. At the end of the year, they will put together a commemorative booklet and we do not anticipate a cost for it. We will need a letter from the Board of Commissioners endorsing this concept. We plan for the Township calendar to come out early this year. It will be a commemorative calendar, which starts in March with the reenactment of the first Commissioner’s meeting, and our goal is for the calendar to come out in February. We are still working on someone to sponsor the large banner that will go over the Edge Hill Road overpass. Still missing is the time capsule from the 75^th Anniversary, and she has been assured by our Police Chief that our police department will be able to locate it.

An activities agenda has been given out, and from the Township website there is a link to it. Mr. Conway will contact the hospitals and the Chamber of Commerce to see if they want to be involved. We have another meeting scheduled next month.

Commissioner McGrath asked will this calendar run from February to February of the following year?

Dolores Downs replied it will run from March to April.

Ms. Ferrara stated it will be a 13-month calendar. All we need is approval for the $12,000 for the banners.

Mr. Conway stated we included in the 2006 budget an estimated $25,000 item as part of Contingency for expenses for the celebration.

Board of Commissioners Meeting October 20, 2005

We are celebrating the 100^th Anniversary of a form of government as a First Class Township. We want to also celebrate Abington’s history which goes back several centuries. The actual first meeting under the new form of government occurred on March 6, 1906 at the old Weldon Hotel. We visited the facility to see about the possibility of having a reenactment of that meeting maybe in some period dress.

Ms. Ferrara stated there will be additional expenses incurred in terms of Township employee support, and there might be a reception after that first meeting.

Commissioner Ring opened the nominations for the appointment to the ZHB.

Commissioner Myers nominated Ed Boyd, seconded by Commissioner Zappone.

Commissioner Turco nominated Jean Corrigan, seconded by Commissioner Weilheimer.

Commissioner Weilheimer nominated Eli Zucker, seconded by Commissioner Luker.

Commissioner Ring closed the nominations.

The majority vote of nine (9) members voted in favor of Ed Boyd who was appointed to the Zoning Hearing Board.

Commissioner Ring stated the EAC has recommended Cathy Gauthier as the Chairperson.

Commissioner Carlin made a MOTION, seconded by Commissioner Zappone to appoint Cathy Gauthier as the Chairperson to the Environmental Advisory Council.

MOTION was ADOPTED 13-0.

Commissioner Ring stated we have two vacancies on the EAC.

Commissioner Weilheimer made a MOTION, seconded by Commissioner Lynott to appoint Ed Tierney as a member of the Environmental Advisory Council.

MOTION was ADOPTED 13-0.

Board of Commissioners Meeting October 20, 2005

Commissioner Ring stated there is still one opening on the EAC.

An Executive Session was held on October 5, 2005 at 7:00 p.m. to discuss litigation.

Commissioner Turco made a MOTION, seconded by Commissioner Jay O’Connor to approve the Board of Commissioners Meeting minutes of September 8, 2005.

MOTION was ADOPTED 13-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to waive Deed Transfer Tax on purchase of property (242 Hamel Avenue).

MOTION was ADOPTED 13-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to accept the lowest responsible bid and enter into a contract with Joao & Bradley Construction in the amount of $994,615.00. Funds to be expended from the 2005 Bond Issue.

MOTION was ADOPTED 13-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to approve final completion of the Parkview/Berrell Avenue Street Reconstruction Project in the amount of $628,899.50. The one (1) year maintenance bond was received.

MOTION was ADOPTED 13-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to accept the lowest responsible bid and enter into a contract with Synagro Central, Inc. to remove and dispose of approximately 2,000 tons of dewatered sludge for a unit price of $39.91 per ton, to be paid from Sewer Fund Operating Account No. 02-10-200-5305.

MOTION was ADOPTED 13-0.

Board of Commissioners Meeting October 20, 2005

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to authorize CET Engineering to perform an engineering evaluation of process alternatives to meet revised wastewater treatment plant discharge limitations, at an engineering cost of $54,584.00 to be funded from Sewer Operating Contingency Fund Account #02-10-200-5299.

MOTION was ADOPTED 13-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to approve the Resolution 05-015 authorizing Master Casting Agreement No. 060850 for Adjustment of Incorporated Utility Facilities with the Pennsylvania Department of Transportation for the period of October 1, 2005.

MOTION was ADOPTED 13-0.

Board of Commissioners Meeting October 20, 2005

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to adopt Resolution No. 05-020 authorizing the Secretary to execute necessary forms and documents for obtaining financial assistance for the hazard mitigation Grant Program (HMGP).

MOTION was ADOPTED 13-0.

Board of Commissioners Meeting October 20, 2005

Commissioner Wachter congratulated Mr. Micciolo on his award.

Commissioner Ring mentioned for the benefit of the Boy Scouts, most of our business is done at the committee level where these issues are discussed so by the time they come before the full Board they have been settled.

Commissioner Michael O’Connor made a MOTION, seconded by Commissioner Luker to approve the Final Land Development and Subdivision Plan for Susquehanna Investment Company as prepared by Van Cleef Engineering Associates. The proposal is for the final subdivision and land development of 34.7 acres to construct 84 new single-family dwellings. The properties are located at 1790 Brook Road, zoned in the "NR" Neighborhood Residential District in Ward No. 7 of the Township of Abington.

This motion is subject to the following conditions:

Construction of any given unit shall not begin until the base of the new road to be constructed from Old York Road has been completed to that unit. Construction vehicles shall be prohibited from Huntingdon Road. Construction vehicles shall only be permitted on Brook Road until such time as the access road is constructed to a point to allow construction vehicles access to Old York Road. This condition shall be incorporated in any building permit issued in connection with this project.

Applicant shall execute an agreement with the Township providing a financial security sufficient to guarantee all improvements, including the cost of obtaining all PennDOT permits, and the cost of all traffic control devices and the installation thereof.

Applicant shall install such other traffic calming measures along Huntingdon

Road and its intersection with the new road, as may be directed by the

Township’s traffic engineer and/or traffic consultant after consultation with the

neighbors and prior to the commencement of construction on the property.

4. Applicant shall remove that portion of Brook Road required to be vacated, and

shall re-grade and plant the area with grass or other suitable vegetative material

subject to approval of the Code Enforcement Department.

Board of Commissioners Meeting October 20, 2005

The easement between the Elliott Group and Tempenns Building will include

"Right Turn Only" out of the parking lot. The applicant will structurally design

the Tempenns driveways in a manner that will encourage egress traffic to turn

right on the new access road, as well as to discourage right hand turns from the

access road into the ingress driveway from entry into the Tempenns lot as may be

directed by the Township traffic engineer and approved by the traffic consultant.

6. A deed restriction will be added to the Record Subdivision Plan which

specifically states that the remaining 70% of the woodland being preserved

within the open spaces of the site will be preserved from development,

earthmoving or clear cutting, with the exception of removal of dead and dying

trees upon verification of an inspection by Abington Township and their

approval.

The applicant has agreed to provide a replanted hedgerow on the north side

of the proposed roadway and to the south of Brook Road in the vicinity of the

two new Tempenns driveways and the intersection with Huntingdon Road.

The applicant has agreed to work with the Abington Township Environmental

Council to address their concerns as outlined in the Van Cleef letter October 12,

2005.

This motion is subject to the following waivers:

Section 146-10(A)(6) – Profile Plan

Section 146-11(B) (7) – Existing Features within 400 feet

Section 146-11 (F) (B) (1) – Width of the proposed right-of-way

Section 146-24 (B) (2) – Grading of the roadways

Section 146-25 (1) – 90 degree intersections

Section 146-27.6 – Concrete curbing

Section 146-27-1 – Install Sidewalks

Section 146-33 –(7) – No. 1 style inlets

Section 146-33 (3) (A) – Gravity feed sanitary sewer lines

Section 146-40 (2) (a) – Recreation land –fronting on public streets

Commissioner Weilheimer stated in our packets we received both the EAC’s comments and the response by the engineers. Does that satisfy the EAC?

Cathy Gauthier, EAC, 1331 Birchwood Avenue, stated some of our concerns were addressed in the letter dated October 12, 2005 by the applicant’s engineer; however, we issued another letter yesterday to Mr. Matteo regarding some clarifications. We would like the following items to be listed as conditions of approval.

Board of Commissioners Meeting October 20, 2005

 

Behind some of the houses, new steep slopes will be created as a result of the grading plan, and we request the developer to replant the slopes with woodland plants under storing ground cover. We did not see the last set of revised plans with the new access way and traffic light and there is some woodland there that we did not evaluate. The EAC requests to be invited to all preconstruction meetings so we can look at the trees to make sure that best management practices occur during the development phase. We also request a certified municipal arborist to help the EAC with preserving the trees.

David Shafkowitz, Attorney representing the applicant, stated we reviewed the items listed in Ms. Gauthier’s letter and the applicant will comply. The request for an arborist is new to us, but we will work with the Township on any issues.

Commissioner Jay O’Connor asked about the concrete curbing waiver.

Mr. Shafkowitz stated the waivers that are listed were already granted at the preliminary approval process. There is no concrete curbing, but there will be Belgium block curbing with sidewalks on one side of the street.

Commissioner Carlin asked for clarification on the arborist request.

Mr. Shafkowitz replied he does not have a problem with an arborist as long as they do not ask us to revise engineering plans to address an issue.

Commissioner Wachter suggested for future reference these last minute issues should be discussed at the committee level before coming before the full Board.

Mr. Matteo stated we have been working on this project for two years, and this is one of the largest projects he has worked on in 34 years. We have a great working relationship with staff, the EAC, the applicant, and the neighbors. We agreed at the Code Enforcement meeting to meet again on October 11, 2005 to discuss these matters.

Commissioner Weilheimer asked should the motion be amended to include the additional conditions requested by the EAC and agreed to by the applicant?

Commissioner Ring replied no, the main motion is on the floor. The applicant said they will work with the EAC to address these issues.

Commissioner Weilheimer made a MOTION to AMEND the MOTION to include the conditions that are agreed to by the applicant.

 

Board of Commissioners Meeting October 20, 2005

Mr. Shafkowitz stated the only item that is different is the arborist and the other items are a matter of clarification. The applicant will continue to work with the EAC to address their issues in a satisfactory manner.

Commissioner Ring stated he is concerned that we went through a lengthy process at the committee level, through meetings with outside groups, and meetings with the neighbors, and came to a conclusion before the full Board, and a group comes in and now we are amending. This can be worked out informally.

Commissioner Weilheimer stated these issues could not have been addressed before tonight because there were not answers from the EAC.

Mr. Matteo stated he received another letter from the EAC on October 19, 2005 and he forwarded it to the applicant. Commissioner Weilheimer is correct.

Commissioner Weilheimer made a MOTION to AMEND the MOTION, seconded by Commissioner Turco to include the three conditions requested by the

Environmental Advisory Council.

Commissioner Turco asked the applicant if they agree to these conditions.

Mr. Shafkowitz replied yes.

MOTION as AMENDED PASSED 12-1. Commissioner Wachter opposed.

MOTION as AMENDED to APPROVE the Final Land Development and Subdivision Plan for Susquehanna Investment Company, Inc., PASSED 13-0.

John McVeigh, 1052 Huntingdon Road, spoke on behalf of the 17 families who are part of the neighborhood group association. He wants to clarify Conditions 2 & 3. The exclusion of the precise term "traffic calming measures" does not mean that it is not part of the overall improvements and, if they are needed, they will be paid for by the developer. He thanked Solicitor Herder, Mr. Matteo, Commissioner Agostine, and Mr. Shafkowitz. He has been impressed with the level of cooperation exhibited by the developer.

Jeff Nato, 1092 Huntingdon Road, stated there is a need for a physical traffic restraining device on the street. There have been 64 accidents in the past three years along that ½ mile of Susquehanna Road. The signs will not restrict the traffic that flows through the neighborhood.

Commissioner Ring stated this has been voted on, and suggested to Mr. Nato to make a presentation at a Public Safety Committee meeting where Traffic Safety Manager Quinn will be present.

Board of Commissioners Meeting October 20, 2005

Subdivision Plan SD-05-05 – Robert Corapi – 2307 Oakdale Avenue – 340 Easton Road

Commissioner Michael O’Connor made a MOTION, seconded by Commissioner Gillespie to approve the subdivision plan of Robert Corapi, as prepared by James H. Cratin, P.L.S., dated July 27, 2005. The applicant proposes to relocate the existing shared property line. The applicant proposes to remove 725.5 square feet from the property located at 2307 Oakdale Avenue and add it to the vacant property fronting on Easton Road. The property located at 2307 Oakdale Avenue will be reduced in size from 18,316.85 square feet to 17,591.35 square feet. The property located at 340 Easton Road will increase in size to 7,500 square feet. Both properties will now comply with the requirements of Section 304.3 of the Zoning Ordinance. Both properties are zoned in the (R-4) Residential District in Ward No. 13.

MOTION was ADOPTED 13-0.

PUBLIC SAFETY COMMITTEE:

Handicapped Parking Sign – 1621 Butler Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one Handicapped Parking sign in front of 1621 Butler Avenue.

MOTION was ADOPTED 13-0.

PUBLIC AFFAIRS COMMITTEE:

Contract for Preparation of Work – Write-Ups, Rehabilitation Programs

Commissioner Carlin made a MOTION, seconded by Commissioner Lynott to approve the proper Township officials to enter into a contract with Carl B. Royer to prepare Work Write-Ups for the Township’s Rehabilitation Programs.

MOTION was ADOPTED 13-0.

Hillside Condemnation

Commissioner Carlin made a MOTION, seconded by Commissioner Lynott to authorize an expenditure not to exceed $57,000.00 from Contingency Account No. 01-01-002-5299 for the condemnation matter – Hillside Cemetery.

MOTION was ADOPTED 13-0.

Board of Commissioners Meeting October 20, 2005

Proposed Rules of Procedure

Commissioner Carlin made a MOTION, seconded by Commissioner Lynott to adopt Resolution No. 05-019 setting forth the Rules of Procedure for the meetings of the Board of Commissioners.

MOTION was ADOPTED 13-0.

Resolution 05-019

Board of Commissioners Meeting October 20, 2005

 

FINANCE COMMITTEE:

Commissioner Luker stated Township Treasurer Blumenthal is not present this evening and his report is attached to the agenda for review.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the investments for the month of August, 2005 as previously circulated to the Board. It was noted that investments for the month totaled $2,370,000. Interest yields ranged from 3.50% to 4.10%.

MOTION was ADOPTED 13-0.

Expenditures/Salaries and Wages

Motion to:

(A) Approve the August, 2005 expenditures as previously circulated to the Board, in

the amount of $3,338,580.56 and salaries and wages in the amount of

$1,395,593.32.

(B) Authorize the proper officials to sign vouchers in payment of bills and contracts

as they mature for the month of November, 2005.

Roll Call resulted in motion being passed 13-0.

Training and Conference Expenses

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the Advance and Travel Expense activity for July/August 2005 as previously circulated to the Board. Advance and Travel Expense reports were $0.00 and $14,557.97, respectively.

Eight-month expenses totaled $32,820.20.

Petty Cash balances were approved as per Finance Committee Report.

Clearing Fund receipts and disbursements for the month of August, 2005 were $4.86 and ($14,167.83), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of August, 2005 were $2,195.28 and ($12,312.43), respectively.

Board of Commissioners Meeting October 20, 2005

MOTION was ADOPTED 13-0.

Collection of Delinquent Real Estate Taxes for 2005

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to authorize proper Township officials to enter into one-year agreement with Portnoff Law Associates, Ltd. To collect delinquent Real Estate Taxes for 2005.

MOTION was ADOPTED 13-0.

Advertisement of Ordinance No. 1930 – Interest and Attorney Fee Schedule for Collecting Delinquent Accounts

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to advertise a Public Hearing for November 10, 2005 – Ordinance No. 1930, Interest and Attorney Fee Schedule for Collecting Delinquent Accounts by Portnoff Law Associates.

MOTION was ADOPTED 13-0.

PUBLIC COMMENTS:

There were none.

REMARKS FROM COMMISSIONERS:

Commissioner Myers stated our third annual PAL Food Festival was a success. We had 600 people attend and we raised a lot of money.

Commissioner Wachter commended Chief Kelly and his staff on doing a great job with the Food Festival. He commended Mr. Micciolo on winning his award.

Commissioner Carlin congratulated Commissioner Gillespie who was with his fellow 1955 Abington Football team players at the North Penn halftime show.

Commissioner Jay O’Connor thanked Mr. Lahaza for his help getting Rt. 73 open and he congratulated Mr. Micciolo. He thanked Mr. Matteo who has made his job as Commissioner in Ward 4 very easy.

Commissioner Michael O’Connor congratulated Mr. Micciolo on his award.

Commissioner Weilheimer stated she appreciates everyone’s indulgence during the Code Enforcement section of this meeting. She thanked Mr. Micciolo for lighting up the corner of Cloverly and Valley Roads.

Board of Commissioners Meeting October 20, 2005

 

Commissioner Luker thanked Ms. Matiza for a nice job on the budget information she gave us this evening, and congratulated Mr. Micciolo on his award.

Commissioner McGrath thanked Kevin Bloomfield for leading us in the Pledge of Allegiance. She congratulated Cathy Gauthier on her new appointment. She thanked Mr. Lahaza for the wonderful job that he did for the Roslyn Fall Festival, and also to the Roslyn Promotional Committee, the Community Policing Dept., especially Sgt. Dan Buckley for his hard work, and Mr. Micciolo and the Roslyn Boys and Girls Club for their participation. She thanked Mr. Matteo and Mr. Powers for their help in her ward and to all of the staff.

Commissioner Gillespie stated we are fortunate to live in a great community in Abington Township with a fine school system. The Commissioners who want to make a donation for stadium pavers can make their check out to AEF/CFF.

 

ADJOURNMENT: 9:00 p.m.

 

Respectfully submitted,

 

 

Burton T. Conway, Secretary

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