Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - September 12, 2002

The stated meeting of the Board of Commissioners of the Township of Abington was held on Thursday, September 12, 2002, at the Township Administration Building, Abington, PA., with Commissioner Barbara C. Ferrara presiding.

CALL TO ORDER: 8:00 p.m.

ROLL CALL: Present: Commissioners AGOSTINE, WACHTER,

TURCO, ZAPPONE, RING, GROSS, CARLIN,

MYERS, MCGRATH, DEVORE, GILLESPIE,

KRETSCHMAN, FERRARA

Excused: LUKER, O’CONNOR

Township Manager CONWAY

Assistant Township Manager LAHAZA

Township Solicitor HERDER

Chief of Police KELLY

Treasurer SOLOMON

Township Engineer POWERS

Assistant Finance Director BARRON

Director of Public Works MICCIOLO

Director of Code Enforcement MATTEO

Director of Parks and Recreation WENDELL

Superintendent of W.W.T.P. LEBER

PLEDGE OF ALLEGIANCE

COMMENDATIONS:

Commissioner Myers stated the Pennsylvania Law Enforcement Accreditation Program was created under former Governor Tom Ridge for Pennsylvania Police Departments. They are required to have clearly defined policies that meet more than 100 State standards that touch on every area of policing. The benefits are notable improvements in the efficiency and the effectiveness of operations and significant insurance premium discounts. On June 2, 2002, an assessment was done to review their operations and on July 15, 2002 the Accreditation Commission awarded the Township’s Police Dept. Pennsylvania’s first Certificate of Accreditation.

Commissioners Myers and Ferrara presented commendations to Lt. Earl Saurman for the entire Police Dept.; Lt. Mike Webb for the Community Policing Division; Lt. James Leary for the Patrol Division; Lt. John Livingood for the Detective Division; Lt. Dennis McCauley for the Administration Division. Commendations also went to the following Administrative staff: Chris Boyce, Elizabeth Webb, and Jim Salanik.

Chief Kelly stated the PAL (Police Athletic League) program was created to provide healthy activities for our youth in the community. Commissioners Myers and Ferrara presented commendations to James and Janet Clark, representing the Sloane Automotive Group, and Frederick A. Marcell, representing the Willow Grove Foundation for their membership of the P.A.L. Founders Club.

Commissioner Ferrara appointed herself, Vice President Kretschman, and Commissioner Myers, as the committee who will review the numbers and the map for redistricting of the Township. It is done once every ten years after the census is taken.

MINUTES: Commissioner Kretschman made a MOTION, seconded by Commissioner Gross to approve the minutes of the Board of Commissioners meeting of August 8, 2002.

MOTION was ADOPTED 13-0.

PUBLIC WORKS COMMITTEE:

Engineering for Acorn Lane Sanitary Sewer District - Contract 126

Commissioner Gross made a MOTION, seconded by Commissioner Ring to approve BCM’s proposal in the amount of $13,900 for preparing construction plans for the new Acorn Lane Sanitary Sewer District. This amount is to be transferred into Account #17-07-898-7001 from Unallocated Sewer Capital Retained Earnings.

MOTION was ADOPTED 13-0.

Sewer Backup Claims - Contingency Fund Authorization

Commissioner Gross made a MOTION, seconded by Commissioner Ring to authorize the transfer of $15,000 from Wastewater Contingency Fund Account #02-10-200-5299 into Wastewater Sewer Backup Claims Account #02-28-207-5805.

MOTION was ADOPTED 13-0.

Rossiter/Lindbergh Aves./Woodland Road/St. Charles Place Storm Sewer Project

Commissioner Gross made a MOTION, seconded by Commissioner Myers to accept the lowest responsible bid and enter into a contract with Joao and Bradley in the amount of $895,112.50 for the Rossiter/Lindbergh Aves./Woodland Road./St. Charles Place Storm Sewer Project. To be funded by the 2002 Permanent Improvement Fund.

MOTION was ADOPTED 13-0.

Lindbergh Avenue Sewer Replacement - Funding Authorization

Commissioner Gross made a MOTION, seconded by Commissioner Myers to allocate $100,675 for replacement of 600 feet of sanitary sewer on the 1300 block of Lindbergh Avenue, to be funded from Sewer Fund Retained Earnings.

MOTION was ADOPTED 13-0.

Bid Award - Consortium LED Traffic Signal Bulbs

Commissioner Gross made a MOTION, seconded by Commissioner McGrath to accept the lowest responsible bid and enter into a contract with Signal Services, Inc., in the amount of $131,868, for the purchase of LED traffic signal bulbs as per bid specifications.

MOTION was ADOPTED 13-0.

Resolution #02-022 - Industrial & Commercial Development Authority

Commissioner Gross made a MOTION, seconded by Commissioner Ring to adopt Resolution #02-022 authorizing amendment to the Articles of Incorporation of the Abington Township Industrial & Commercial Development Authority to extend the life of the Authority to September 12, 2052.

MOTION was ADOPTED 13-0.

Resolution 02-022

Flood Damage Expenses - Tropical Storm Allison

Commissioner Gross made a MOTION, seconded by Commissioner Ring to approve the expenditure of $10,350 for the construction of an additional 800’ X 20’ X 2’ berm along the Maple Avenue retention basin. To be paid from Accounts Receivable #01-00-000-1301.

MOTION was ADOPTED 13-0.

Commissioner Gross announced there will be a hearing on the Sewer Rate Study on Thursday, September 19, 2002 and encouraged everyone to attend.

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:

Land Development - LD-02-02 - Foxcroft Square Apartment Associates - Greenwood Avenue

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the Land Development plan for Foxcroft Square Apartment Associates, L.P., as prepared by Bohler Engineering, Inc., to construct a twin five-story apartment complex containing 78 units. Plan conforms to all of the dimensional requirements of Section 402.3 of the Township Zoning Ordinance. Property is located on the south side of Greenwood Avenue, 210 feet southeast of Washington Lane, zoned in the (PB) Planned Business District in Ward 7.

Motion is subject to the following conditions:

The free-standing light standards indicated on the plan must be reduced to a total

height of 20 feet.

Applicant will note on the plan to limit hours of trash pickup and all deliveries to the

site to the hours between 6:00 a.m. and 10:00 p.m. (Section 801.T.3 of the Zoning

Ordinance).

Applicant must adhere to all of the comments contained in the staff review letter

dated June 20, 2002.

Commissioner Agostine asked Mr. Jonas, Attorney for the applicant, are the 20 foot trees in the buffer area noted on the plans?

Mr. Jonas replied they were noted on the revised plans and the applicant accepts it as condition number four.

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to AMEND the MOTION, to add condition number four, that the agreed upon 20 foot evergreen trees for the buffer area between the property and the residents on Washington Lane will be included as part of this plan.

MOTION was AMENDED and ADOPTED 13-0.

Commissioner Ferrara asked Mr. Jonas if a meeting has been arranged with the neighbors.

Mr. Jonas replied there is a meeting scheduled for Thursday, September 19, 2002 at 7:00 p.m. in the offices of the applicant for the Jenkintown neighbors.

Jack Boutcher, 622 Washington Lane, stated he objects to the plan and how can Abington Township put a commercial building 50 feet from residential property.

Commissioner Ferrara stated this is not a commercial building, and complies with our Ordinance.

Regina Boutcher, 622 Washington Lane, stated she is concerned about the traffic. There will be 3300 additional cars a day traveling at the Greenwood Avenue intersection. It is one of the worst intersections in Montgomery County, not to mention the 18-wheeler trucks that use that intersection to supply their vendors.

Commissioner Ferrara replied by law, we are not allowed to regulate what routes truck drivers use.

Mrs. Boutcher stated she is not happy about the size of the building.

Chris DiValentino, 834 Greenwood Avenue, stated the traffic engineer failed to include the impact of Abington Friends School construction. They have made no effort to alleviate the traffic conditions as they exist on Washington Lane. He objects to the giant towers that are proposed and asked for the entire area to be looked at and included in the traffic study.

Commissioner Ferrara stated Abington Friends School has agreed to donate a portion of their land to address that intersection. There has been an attempt on the part of Commissioner Agostine and the staff to work with the Borough on that intersection. This plan complies with our Ordinance and we are aware of the difficulties.

Commissioner Agostine stated we have had a series of meetings with the Borough to discuss improvements to that intersection. Abington Friends School has not put forth a proposal to close the spur road. They have offered easements along the perimeter of their property. Abington Friends School has been questioned on how many new students will be added with the additions they are making. There will be 30 students added over the next 10 to 15 years and 30 students will not make any difference to the traffic plan.

Mark Roth, Traffic Engineer, McMahon Assoc., stated he agrees.

Mr. DiValentino asked is there a plan in the works to expand or alleviate traffic at that intersection?

Mr. DiValentino asked Commissioner Ferrara would this plan make the intersection any better?

Commissioner Ferrara replied this plan complies with our zoning ordinance and we do not have the ability to turn it down. The Township is more than willing to work with the Borough and PennDOT to do something about the intersection.

Maya Cheek, 614 Washington Lane, stated she is disappointed with the Commissioners for their lack of consideration for the neighbors. We can barely walk across that intersection and she is concerned for her children’s safety. The traffic will impact us.

Commissioner Wachter thanked the neighbors for their comments and stated he is not in favor of the development, but we are bound by the First Class Township Code. If we vote to turn down this proposal, Mr. Jonas, on behalf of his clients, will go to the Common Pleas Court and they will overturn us, without all of the conditions that the Township has granted. He asked Solicitor Herder if the proposed development meets with our zoning code.

Solicitor Herder replied yes.

Commissioner Wachter asked Mr. Matteo if it meets with our Township Ordinances?

Mr. Matteo replied yes.

Commissioner Wachter stated that our Township Code states that under these circumstances the Commissioners shall approve it. We do not have discretion.

MOTION was ADOPTED 12-1. Commissioner Gillespie voted no.

Part-Time Property Maintenance Inspector

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to transfer $6,000 from Contingency Fund 01-01-002-5299 to program 084-5020, Wages Expense for Part-Time Property Maintenance Inspector.

MOTION was ADOPTED 13-0.

PUBLIC SAFETY COMMITTEE:

Resolution #02-021 - Extension of Benefits to Employees Called to Military Service

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to adopt Resolution #02-021, extending the provisions outlined in Resolution #01-026, which will extend the period for providing benefits for Township employees called to active military reserve duty for a second 12-month period.

MOTION was ADOPTED 13-0.

Resolution 02-021

HANDICAPPED PARKING Sign - 2330 Nylsor Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of a HANDICAPPED PARKING sign in front of 2330 Nylsor Avenue.

MOTION was ADOPTED 13-0.

PUBLIC AFFAIRS COMMITTEE:

There was no report at this time.

FINANCE COMMITTEE:

Treasurer’s Report:

Treasurer Max M. Solomon stated for August 2002, $1,045,980 was deposited into Fleet Bank, YTD $10,356,907. We collected $51,952 in Real Estate Taxes, YTD $18,984,330.

Investments

Commissioner Ring made a MOTION, seconded by Commissioner Carlin to approve the investments for the month of July, 2002 as previously circulated to the Board. It was noted that investments for the month totaled $659,000. Interest rates ranged from 2.25% to 6.00%.

MOTION was ADOPTED 13-0.

Expenditures/Salaries and Wages

Motion to:

Approve the July, 2002 expenditures as previously circulated to the Board, in the amount of $1,506,071.55 and salaries and wages in the amount of $1,859,947.50.

Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of October, 2002.

Roll Call resulted in the MOTION being PASSED 13-0.

Training and Conference Expenses

Commissioner Ring made a MOTION, seconded by Commissioner Carlin to approve Advance and Travel Expense activity for July, 2002 as previously circulated to the Board.

Advances and Travel Expense Reports were $160 and $1,592.32, respectively. Seven (7) month YTD expenses total $22,762.26.

MOTION was ADOPTED 13-0.

Clearing Fund/Deferred Revenue and Expense/Petty Cash

Commissioner Ring made a MOTION, seconded by Commissioner Carlin to approve the Clearing Fund, deferred revenue/expense activity and petty cash balances for the month of July, 2002 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 July, 2002 were $2.58 and ($.77), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of July, 2002 were $1,000 and ($2,213.04), respectively.

Resolution #02-019 - Amnesty Program for Delinquent Taxes

Commissioner Ring made a MOTION, seconded by Commissioner Carlin to adopt Resolution #02-019, establishing a temporary amnesty program for certain delinquent Business Privilege, Mercantile License, and Occupational Privilege Taxes.

MOTION was ADOPTED 13-0.

Resolution 02-019

Treasurer Max M. Solomon stated the Tax Office would like those businesses who have not registered with the Township to take advantage of this one-time tax amnesty program. This means you must register with the Township and file your returns for five years and you will have an abatement of interests and penalties. We are looking for businesses who have post office boxes, taxpayers working from home, and Real Estate agents who receive a 1099 form. Any person or entity who receives a 1099 form is considered in business. We hope the press will advertise this.

PENSION COMMITTEE:

Resolution #02-020 - Minimum Municipal Obligation - Pension Plans

Commissioner Gross made a MOTION, seconded by Commissioner Wachter to adopt Resolution #02-020 recognizing that the Township’s minimum municipal funding obligation for 2003, with respect to the Municipal Employee and Police Pension Plans, is $379,245 and $-0-, respectively.

MOTION was ADOPTED 13-0.

Resolution 02-020

REMARKS FROM STAFF

Mr. Conway stated it is a shame that the discussion about traffic problems at the intersection comes from the Jenkintown Borough residents, when in fact it is the Jenkintown government that insisted on Greenwood Avenue being one-way. They are the only municipality that has refused to participate in the signalization study of York Road. They are also contemplating turning Old York Road in Jenkintown back to on-street parking and making it two lanes instead of four lanes.

Commissioner Agostine stated we have wasted so much time trying to improve that intersection. The only way Jenkintown would consider making any changes was if Greenwood Avenue remains one-way and if Abington pays for everything. They were going to build a 32,200 sq. ft. two-story building with a blinking lighthouse on the roof, without telling Abington Township. That was going to sit up against a resident’s property, ten feet from their house.

Commissioner Wachter commented he spoke to Councilman Segal of Jenkintown Borough and he assured that they will work with Abington Township to make sure the residents are happy. He thanked Officer Quinn and Mr. Matteo for their help in Ward 2.

Commissioner Ring introduced his friend Larry Allen, who attended the meeting as part of a requirement for a Township Code course.

Commissioner Gillespie thanked Mr. Lahaza for a great job he did at the 9/11 ceremony in the Keswick section. He commented there are political signs up and they are not supposed to be there until 30 days before the election.

Mr. Matteo stated they have been notified.

Commissioner McGrath announced the Roslyn Fall Festival and Car Show will be held on September 21, 2002.

Commissioner Myers thanked Chief Kelly for his part in obtaining the Police Accreditation for the department.

Commissioner Kretschman commented the 911 event held in Keswick was very nice.

ADJOURNMENT: 9:05 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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