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Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - September 13, 2001

The stated meeting of the Board of Commissioners of Abington Township was held on Thursday, September 13, 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, KRETSCHMAN, FERRARA, LUKER, MCGRATH

TURCO, RING

Township Manager CONWAY

Assistant Township Manager LAHAZA

Township Solicitor HERDER

Chief of Police KELLY

Treasurer SOLOMON

Township Engineer POWERS

Assistant Finance Officer MATIZA

Director of Public Works MICCIOLO

Director of Parks and Recreation WENDELL

Superintendent of W.W.T.P.

PLEDGE OF ALLEGIANCE

MOMENT OF SILENCE:

Commissioner Ferrara asked for a Moment Of Silence in memory of those who lost their lives in the September 11th terrorist attacks.

MINUTES

Commissioner Turco made a MOTION, seconded by Commissioner McGrath, to approve the minutes of the August 9, 2001 Board of Commissioners Meeting.

MOTION was ADOPTED 15-0

ANNOUNCEMENT:

The Board held an Executive Session this evening at 7:00 p.m. to discuss litigation.

Commissioner Ferrara read a fax to Tom Conway from the Mayor of Haskovo, Bulgaria expressing sympathy for the September 11th terrorist attacks. The fax has been appended to these minutes.

 

PUBLIC WORKS COMMITTEE

PUBLIC HEARING – Ordinances 1863 and 1864 Rydal II Sewer District

Commissioner Ferrara made a MOTION, seconded by Commissioner Turco to adopt Ordinance 1863, establishing the Rydal II Sewer District, and Ordinance 1864, providing for the construction and assessment of Sanitary Sewers for homes listed on Exhibit A.

MOTION was ADOPTED 15-0

Commissioner Ferrara made a MOTION, seconded by Commissioner Turco to close Public Hearing.

MOTION was ADOPTED 15-0

Ordinances 1863 and 1864 are appended to these minutes and incorporated herein.

PUBLIC HEARING – Ordinances 1865 and 1866 Meetinghouse Road Sewer District

Commissioner Ferrara made a MOTION, seconded by Commissioner Turco to adopt Ordinance 1865, establishing the Meetinghouse Road Sewer District, and Ordinance 1866, providing for the construction and assessment of Sanitary sewers for homes listed on Exhibit A.

MOTION was ADOPTED 15-0

Commissioner Ferrara made a MOTION, seconded by Commissioner Turco to close Public Hearing.

MOTION was ADOPTED 15-0

Ordinances 1865 and 1866 are appended to these minutes and incorporated herein.

PUBLIC HEARING – Ordinance 1867 and 1868 Edge Hill Road Sewer District

Commissioner Ferrara made a MOTION, seconded by Commissioner Turco to adopt Ordinance 1867, establishing the Edge Hill Road Sewer District, and Ordinance 1868, providing for the construction and assessment of Sanitary Sewers for homes listed on Exhibit A.

Commissioner Turco asked why isn’t 300 Edge Hill Road listed.

Mike Powers stated 300 Edge Hill Road isn’t listed because they will not be assessed. He said they had previously been assessed.

Patricia Carroll, 322 Edge Hill Road asked if there’s going to be a meeting held to discuss the price of the work being done.

Mike Powers stated only residents wanting sewers are being assessed at this time.

Mrs. Carroll asked would residents get a notice when assessments are going to be made so she can get on the list. She also asked what does she need to do to get her name on the list.

Mike Powers told Mrs. Carroll to send him a letter with her request.

Commissioner Ferrara stated when the sewer projects in her ward were done the price was much lower than the original estimated. She also asked if price includes the tap-in- fee.

Mike Power stated the cost does include the tap-in-fee.

Commissioner Turco asked what is the time frame for signing up.

Mike Powers said there is no time frame.

Victoria Costanzo, 426 Edge Hill Road stated she has some of the same concerns as her neighbors. She wanted to know how the sewer would be attached and who has to pay for the repairs.

Mike Powers stated the sewers are attached from the rear of the property and whatever the Township disturbs they will repair.

Commissioner Wachter urged residents not to get rid of the dirt left behind from sewer work because when dirt settles you will have a big hole. He said if you have it hauled away you will be charged and it will cost a lot more to have dirt hauled back to fill the hole.

Marcia Wallach, 300 Edge Hill Road asked when would she see a plan for this work.

Mike Powers stated she should see a plan within a couple of weeks.

Mrs. Wallach said she should not have to pay for trees to be removed in order for her neighbors to be attached to the sewer system.

Commissioner Ferrara stated Mike Powers and Tim Clark would work with homeowners to avoid these types of situations. She also assured Mrs. Wallach she would be comfortable with the work the Township is doing.

Mike Powers stated residents would be notified before the work is started.

Commissioner Ferrara stated a Public Hearing, has to be held before any work can be started.

Commissioner Zappone stated that Commissioner Turco will be holding a town meeting at Edge Hill firehouse on September 19th at 7:30 PM and will answer questions regarding this project.

Commissioner Ferrara made a MOTION, seconded by Commissioner Turco to close Public Hearing.

MOTION was ADOPTED 15-0

Ordinances 1867 and 1868 are appended to these minutes and incorporated herein.

 

 

Snow and Ice Removal on Easton Road

Commissioner Kretschman made a MOTION, seconded by Commissioner Turco to enter a contract with Montgomery County for Abington to remove snow and ice on Easton Road, from Moreland Road to the Cheltenham border, for the 2001-2002 winter season.

MOTION was ADOPTED 15-0

 

Bid Award – L.E.D. Traffic Signal Lamps

Commissioner Kretschman made a MOTION, seconded by Commissioner Turco to accept the lowest responsible bid and enter into a contract with Signal Services, Inc., in the amount of $164,923.50 for the purchase of L.E.D. Traffic Signal Lamps as per Consortium bid specifications.

MOTION was ADOPTED 15-0

Ken Krawchuk, 117 West Avenue in McKinley stated the L.E.D. lamps are extremely bright and are blinding.

 

Budget Reallocation – Leaf Machine Engines

Commissioner Kretschman made a MOTION, seconded by Commissioner Turco to amend the Public Works Capital Improvement budget by reallocating $9,500 for the purchase of two rebuilt engines for leaf machines.

MOTION was ADOPTED 15-0

Bid Award – Raw Sewage Pump Drive

Commissioner Kretschman made a MOTION, seconded by Commissioner Agostine to accept the lowest responsible bid and enter into a contract with R. L. Tschopp for

replacing Raw Sewage Pump Drives at the WWTP in the amount of $83,100, using funds budgeted in account #02-00-000-7002.

MOTION was ADOPTED 15-0

Revitalization County Grant Money

Commissioner Kretschman made a MOTION, seconded by Commissioner Agostine to authorize the proper Township officials to make application for County planning grant funds via contract for planning services with R. Douglas Stewart & Associates in an amount not to exceed $32,500, with $26,000 being provided from the County Revitalization Grant program as reimbursement to the Unallocated Fund Balance, and matching fund requirements in the amount of $6,500 coming from Economic Development Account #07-01-502-7000 and 7300.

MOTION was ADOPTED 15-0

Funding Authorization – Flood Related Sewer Backups

Commissioner Kretschman made a MOTION, seconded by Commissioner Luker to authorize an expenditure not to exceed $100,000 from Sewer Operating Fund Retained Earnings for clean-up and restoration cost of homes affected by sewer back-ups, not covered by homeowner’s insurance or FEMA grants, as recommended in the Manager’s memo of July 6, 2001.

MOTION was ADOPTED 15-0

 

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE

PUBLIC HEARING – Resolution 01-020 Transfer of Liquor License – Ruby Tuesday, Inc.

Commissioner Ferrara made a MOTION, seconded by Commissioner Turco to adopt Resolution 01-020, authorizing Ruby Tuesday to transfer an existing restaurant liquor license from outside of Abington Township to their new location on the third level of the Willow Grove Park Mall.

Commissioner Ferrara called on Solicitor Rex Herder to explain why this hearing is being held and a Resolution has to be adopted.

Rex Herder stated there has been a change in the Pennsylvania liquor code, which requires municipalities to hold a hearing and adopt a resolution anytime a liquor license from the outside of the municipality is being considered. Rex Herder circulated a memorandum.

R.J. O’Hara, Attorney for Ruby Tuesday’s explained why the company went outside of the Township to obtain their liquor license. He stated the restaurant would have about

90 employees and will seat 250 people. Liquor will complement the food they serve. The restaurant is very family oriented, with primary service on food not liquor.

Eric Payne, Director of Operations stated the Corporation has a five-day training program for the employees that serve food and alcohol. He said while in training there is one and a half to two days spent on the handling of liquor. There’s a safety video shown and they must attend an alcohol awareness class.

Mr. O’Hara spoke on the laws that have been passed and the penalties for not abiding by them in regards to serving alcohol.

Commissioner Turco asked if servers have to be 21 years of age.

Mr. O’Hara stated in Pennsylvania servers only need to be 18 to serve alcohol.

Commissioner Luker asked what the difference is between corporate owned and individually owned.

Mr. O’Hara stated that all restaurants are corporate owned and few individuals can purchase a franchise from Ruby Tuesday’s Inc.

Mr. O’Hara stated whether corporate or franchise all rules are the same.

Commissioner Ferrara made a MOTION, seconded by Commissioner Turco to close Public Hearing.

MOTION was ADOPTED 15-0

Land Development LD-01-04 Abington Heritage Partners, LLC and Somerford Place

Commissioner Agostine made a MOTION, seconded by Commissioner Luker to approve the Subdivision and Land Development application of Abington Heritage Partners, LLC and Somerford Place, as prepared by Nave Newell, Engineers. Applicant proposes to construct a one-story, 64-bed Alzheimer facility on 5.036 acres. Applicant proposes a tree-save area and all of the required landscaped buffers. The property will be subdivided from 710 Fox Chase Road. The site is situated on the south side of Forrest Avenue, zoned in the (CS) Community Service District in Ward 3.

Motion is subject to the following conditions:

The applicant shall install a pedestrian walkway from the entrance of the proposed facility across Forrest Avenue to the entrance of Alverthorpe Park. The walkway will be signalized on demand, with a blinking yellow light.

The applicant will dedicate ultimate right-of-way from the proposed facility along Forrest Avenue to Fox Chase Road and from Fox Chase Road along Cedar Road to St. Mary’s Cemetery.

The applicant will construct full street improvements from the subject facility along Forrest Avenue to Fox Chase Road.

Peter Friedman Esq., 7848 Old York Road, representing Somerford stated there was uncontroversial testimony the last time he was here. He gave a general overview of the plan. He stated Abington Township has attached three conditions that must be met before Somerford Land Development can obtain their approval:

Full street improvements

A right of way on Cedar Avenue and Forrest Avenue

Signalized crosswalks

Commissioner Ring suggested all responses should be given by the Township Solicitor since Mr. Friedman was there representing Somerford.

Mr. Friedman stated assuming the Board doesn’t accept what he has said Somerford is requesting an alternative wavier of the three conditions mentioned in the motion. All three conditions would be a hardship for the applicant to implement. He said the granting of the waivers would not be contrary to the public interest or contrary to the purpose or intent of the Township ordinance. Somerford is being required to install sidewalks on land that they do not own and also dedicate a right-of-way on land it does not own. The Fair Housing Act provides that a refusal to make reasonable accommodation in the rules, policies, practices or service for handicapped people is an act of discrimination and a violation of law. Mr. Friedman stated the presentation tonight would consist of three witnesses. Mr. Don Feltman, Senior Vice President of Somerford, Bill Roundtree, Project Engineer, and Frank Montgomery, Traffic Planning and Design Inc.

Rex Herder stated by the terms of the motion, Somerford has the approval and he feels there is no purpose for a presentation to the Board.

Mr. Feltman gave a general overview of the plans for the facility and stated the residents from the facility would not be walking on nearby sidewalks.

Mr. Friedman stated he has several items he would like to have marked into evidence. The exhibits are as follows:

A-1 – The Application

A-2 – The Land Developing Plan

A-3 – The Staff Review Letter dated July 16, 2001

A-4 – Mr. Zaleskie’s Letter dated September 4, 2001

A-5 – Rex Herder’s Letter dated September 10, 2001

A-6 – The Rendering of the proposed Somerford building

Mr. Feltman stated if the three conditions are approved it would kill the project.

Mr. Freidman asked Mr. Feltman to summarize the benefits of the Somerford facility for the Abington community.

Rex Herder stated Somerford is the applicant and the Sisters are the owners of the property. He asked Mr. Roundtree if they were here asking for a Subdivision. He also asked Mr. Roundtree if he is familiar with the Subdivision Ordinance of the Township.

Commissioner DeVore asked Mr. Feltman why he repeatedly uses the words Frail and Elderly. He asked if Somerford would discriminate against individuals based on age.

Mr. Feltman stated "No"

Commissioner Agostine asked what is the particular issue with the driveway that Mr. Feltman suggested the residents not walk down.

Mr. Feltman stated he suggested that the residents not walk down the sidewalk because they may become very tired and there aren’t any benches where they could sit to rest.

Mr. Feltman stated Somerford can’t meet the needs of every community but they would like to meet the need in this community.

Commissioner Myers asked if the facility would be limited to Abington Township residents and would Abington Township have first preference at the facility.

Mr. Feltman stated "No" because that would be discrimination and also that’s against the law.

Commissioner Kretschman asked if the staff would not be taking the residents out of the facility.

Mr. Feltman stated the staff could take the residents out to a secured area. He also said they can’t restrict a visitor from taking a family member out.

Commissioner Kretschman asked if they selected this section of Abington because it’s a nice area.

Mr. Feltman stated this area has been chosen because of the need for this type of facility.

William Roundtree, 550 American Avenue, King of Prussia stated Plan No. 0601-81601 has been revised. Exhibit A-7 dedicates right-of-way and sidewalks at an estimated cost of $150,000 if the Township imposed full street improvements.

Mr. Frank Montgomery had the following exhibits marked as evidence.

A-8 – Comment Letter from Mark Penecale to Peter Friedman Esq, dated January 7, 2001.

A-9 – Comment Letter from Mark Penecale to Peter Friedman Esq, dated September 20, 2001.

A-10 – Montgomery County Planning Commission

A-11 – Traffic Planning and Design Inc. report

Mr. Montgomery stated the site would generate a very minimum number of pedestrians.

Commissioner Ferrara asked Larry Matteo what is the number of employees that use public transportation in the Township.

Larry Matteo called a few nursing homes in the area to get an idea on the number of employees who use public transportation. He ascertained that there is a need for sidewalks. He received the following information from the nursing homes: Roslyn Nursing Home has 130 employees with 45% of their employees using public transportation; Edge Hill Nursing Home has 60 employees with 50% of their employees using public transportation; and Township Manor Nursing Home has 150 employees with 60% of their employees using public transportation.

Commissioner Ferrara stated the Board would be willing to amend and waive condition #1.

Commissioner Ferrara made a MOTION, seconded by Commissioner Turco to amend condition #1

MOTION was ADOPTED 15-0

Comments

Commissioner Wachter stated he goes to Alverthorpe Park and there aren’t any sidewalks on the south side of Forrest Avenue and feels they are not needed.

Commissioner Ferrara stated the sidewalks would be for the safety of the employees.

Commissioner Turco stated they are also needed for the safety of the community.

Commissioner Turco made a MOTION, seconded by Commissioner DeVore to amend condition #2.

Commissioners Luker, Myers, O’Connor, Zappone, Carlin, Gross Agostine and Ferrara did not want to waive condition #2

MOTION was AMENDED as follows:

Motion to approve the Land Development and Subdivision application of Abington Heritage Partners, LLC and Somerford Place, as prepared by Nave, Newell & Stampfl Engineers. Applicant proposes to construct a one-story, 64-bed Alzheimer facility on 5.036 acres. Applicant proposes a tree-save area and all of the required landscaped buffers. The property will be subdivided from 710 Fox Chase Road. The site is situated on the south side of Forrest Avenue, 104 feet northeast of Douglass Avenue, zoned in the (CS) Community Service District in Ward No. 3 of the Township of Abington.

Motion is subject to the following conditions:

1. The applicant will dedicate ultimate right-of-way from the proposed facility along Forrest Avenue to Fox Chase Road and from Fox Chase Road along Cedar Road to St. Mary’s Cemetery.

2. The applicant will construct full street improvements from the subject facility along Forrest Avenue to Fox Chase Road. Motion is subject to the following waiver: ALIGN="JUSTIFY">1. The applicant shall install a pedestrian walkway from the entrance of the proposed facility across Forrest Avenue to the entrance of Alverthorpe Park.

The walkway will be signalized on demand, with a blinking yellow light.

MOTION was ADOPTED 14-1

PUBLIC SAFETY

Speed Reduction – Shelmire Avenue

Commissioner DeVore made a MOTION, seconded by Commissioner Turco to authorize the reduction of the speed limit of 30 mph to 25 on Shelmire Avenue (from Holme Avenue to Cedar Road).

MOTION was ADOPTED 15-0

DCED Tip Line Grant

Commissioner DeVore made a MOTION, seconded by Commissioner Turco to authorize the proper Township officials to accept an award from the PA Department of Community and Economic Development in the amount of $10,000 to support the anti-violence Tip Line.

MOTION was ADOPTED 15-0

Approval of Police Dept. Accreditation Application

Commissioner DeVore made a MOTION, seconded, by Commissioner Luker to authorize the proper officials to notify the PA Law Enforcement Accreditation Commissioner that the Board supports the Police Department’s application to begin the accreditation process.

MOTION was ADOPTED 15-0

Controlled Deer Hunt in Lorimer Park

Commissioner DeVore made a MOTION, seconded, by Commissioner Luker to request the Montgomery County Commissioners to develop and conduct a controlled hunt of deer in Lorimer Park.

MOTION was ADOPTED 15-0

Video Arraignment Equipment Purchase

Commissioner DeVore made a MOTION, seconded by Commissioner Luker to authorize the transfer of $3,700 from Contingency Fund #01-01-002-5299 to Police Account #01-04-055 to pay the Township’s costs for the year 2001 for the installation of new video arraignment equipment.

MOTION was ADOPTED 15-0

Regulation of Youth Smoking

Commissioner DeVore made a MOTION, seconded by Commissioner Myers to authorize Administration to investigate the possibility of adopting an ordinance to regulate youth smoking.

PUBLIC AFFAIRS COMMITTEE

Bid Award – Abington Link Bus Service

Commissioner Wachter made a MOTION, seconded by Commissioner Carlin to award a contract for service for the Abington Link Bus to Metro Care, Inc., the lowest responsible bidder, in the amount of $86,929.50 for a one-year contract, with the option to renew at the following rates: Second Year $90,407.70

Third Year 94,392.32

Fourth Year 97,398.84

Fifth Year 101,297.74

MOTION was ADOPTED 15-0

Alverthorpe Fire Alarm System – Change Order

Commissioner Wachter made a MOTION, seconded by Commissioner Agostine to approve payment of $1,400 to Wayman Fire Protection Services for required additional smoke detectors and pull station. Funds to be taken from Account #01-24-151-5322.

MOTION was ADOPTED 15-0

Alverthorpe Manor Sewering

Commissioner Wachter made a MOTION, seconded by Commissioner Agostine to approve the expenditure of $25,000 from Sewer Capital Retained Earnings to provide public sewer service to Alverthorpe Manor.

MOTION was ADOPTED 15-0

Children Under 10 to be Accompanied at Pools

Commissioner Wachter made a MOTION, seconded by Commissioner Agostine to approve a policy requiring children under the age of 10 to be accompanied by someone 16 or older at Penbryn and Crestmont pools. Policy to be effective at the start of the 2002 pool season. Additionally, day care/day camp organizations will be required to provide a minimum counselor/camper ration of 1 to 9 at the pools.

MOTION was ADOPTED 15-0

Hillside Condemnation

Commissioner Wachter made a MOTION, seconded by Commissioner Agostine to authorize an expenditure not to exceed $4,585 from Contingency Account #01-01-002-5299 for completed appraisal work for Hillside litigation.

MOTION was ADOPTED 15-0

AUDIT COMMITTEE

Max Solomon gave Treasurer’s Report. He stated the Tax Department is doing well. They deposited into Fleet Bank over $1,000,000 for the month of August. The total for the first eight months is over $12,000,000. He also stated for the month of August they collected $33,000 in Real Estate taxes and year to date $18,000,000 has been collected.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner Ring to approve the investments for the month of July, 2001 as previously circulated to the Board. It was noted that investments for the month totaled $1,325,626.90. Interest rates ranged from 4.25% to 6.875%.

MOTION was ADOPTED 15-0

Expenditures/Salaries and Wages

Commissioner Luker made a MOTION, seconded by Commissioner Ring to (A) Approve the July, 201 expenditure as previously circulate to the Board, in the amount of $1,203,696.41 and salaries and wages in the amount of $1,448,918.43. (B) Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of October, 2001.

MOTION was ADOPTED 15-0

Training and Conference Expenses

Commissioner Luker made a MOTION, seconded by Commissioner Ring to approve the Advance and Travel Expense activity for July, 2001 as previously circulated to the Board. Advances and Travel Expenses Reports were $0.00 and $719.19 respectively. Seven (7) month YTD expenses total $19,145.05.

MOTION was ADOPTED 15-0

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 July, 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 July, 2001 were $16,27.51 and ($16,226.89), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of July, 2001 were $562.00 and ($6,454.36), respectively.

MOTION was ADOPTED 15-0

Resolution #01-018 – PA Cooperative Purchasing Program

Commissioner Luker made a MOTION, seconded by Commissioner Ring to adopt Resolution #01-018 approving continued participation in the Commonwealth of Pennsylvania Cooperative Purchasing Program.

MOTION was ADOPTED 15-0

Budget Adjustment – Legal Expense

Commissioner Luker made a MOTION, seconded by Commissioner Ring to authorize a budget adjustment of $50,00 from Unallocated Fund Balance for Legal Expense Account #01-01-003-5201.

MOTION was ADOPTED 15-0

Budget Adjustment – Sewer Capital

Commissioner Luker made a MOTION, seconded by Commissioner Ring to authorize a budget adjustment of $7,500 for Account #17-00-000-5201 from Sewer Capital Retained Earnings for legal expenses associated with new sewer districts.

MOTION was ADOPTED 15-0

PENSION COMMITTEE

Resolution 01-019 – Minimum Municipal Obligation – Pension Plans

Commissioner Gross made a MOTION, seconded by Commissioner Agostine to adopt Resolution #01-019 recognizing that the Township’s minimum municipal funding obligation for the calendar year 2002, with respect to the Municipal Employees and Police Pension Plans, is $345,807 and $-0-, respectively.

MOTION was ADOPTED 15-0

COMMENTS:

Ken Krawchuk, 117 West Avenue thanked the Township for announcing the Deer Hunt to the public.

Victor Kraevins, 840 Maple Avenue stated there should be a steeper penalty for citizens that park in handicapped parking spaces. The fine is currently $15.

Commissioner Ferrara stated this would be put on next month’s Safety agenda.

COMMENTS FROM COMMISSIONERS

Commissioner O’Connor complimented Bob Leber on the sewer rate study booklet he prepared for the Commissioners by ward. The book contains PSWCo. customers names and account numbers.

\Commissioner Ferrara asked Dorothy Dougherty if there would be a blood drive to help the Red Cross with this disaster.

Dorothy Dougherty stated she would be coordinating a blood drive with Abington Hospital.

Matt Lahaza stated all of the Roslyn Fall Festival proceeds would go to New York. He also said the Red Cross will be at the festival.

ADJOURNMENT: 10:38 PM

/cdf


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