Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - September 11, 2003

The stated meeting of the Board of Commissioners of the Township of Abington was held on September 11, 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 Treasurer SOLOMON

Township Manager CONWAY

Assistant Township Manager LAHAZA

Chief of Police KELLY

Township Engineer POWERS

Director of Parks and Recreation WENDELL

Director of Code Enforcement MATTEO

Director of Public Works MICCIOLO

Superintendent of W.W.T.P. LEBER

PLEDGE OF ALLEGIANCE

President Ferrara led a moment of silence in honor of the victims of the September 11, 2001 disaster.

COMMENDATIONS:

Chief Kelly introduced Deputy Chief John Livingood who spearheaded the Eastern Montgomery County Burglary Task Force’s effort in solving a plaque of daytime residential burglaries in this area. Through a tracking device implanted on the suspect’s vehicle, through excellent and tireless police work and unusual agency cooperation, hundreds of stolen items were recovered and linked to 20 robberies, but we suspect that the man arrested was involved in five times that many burglaries. Commendations were presented to Officer Philip Geliebter, George Kauffman of Abington Auto Care for the undercover use of his tow truck, and Jim Salanik, the Abington Police Department Office Manager. A Pennsylvania State Trooper who was not present was commended by his superiors.

PUBLIC WORKS COMMITTEE:

Bid Award - Sewer Cleaner Truck

Commissioner Gross made a MOTION, seconded by Commissioner Ring to accept the lowest responsible bid and enter into a contract with U. S. Municipal Supply Inc., to supply and deliver one Sewer Cleaner Truck in the amount of $218,160, to be paid from Sewer Fund Acct. No. 02-14-206-5320.

MOTION was ADOPTED 15-0.

Roslyn/Montgomery County Revitalization Grant #3 - Utility Poles & Pedestrian Crosswalk Improvements

Commissioner Gross made a MOTION, seconded by Commissioner Ring to authorize the proper Township officials to sign an agreement with the County to secure $114,822 of County funds, and which commits approximately $50,000 of Township Community Development Capital funds as matching funds, for the improvement of the utility poles and pedestrian crossing safety at Easton Road intersections between Woodland and Brookdale Roads.

MOTION was ADOPTED 15-0.

Resolution 03-010- Sponsorship Agreement with DEP -Sandy Run Flooding

Commissioner Gross made a MOTION, seconded by Commissioner Ring to adopt Resolution 03-010 to approve plans for reducing flooding along the Sandy Run Creek and enter into a Sponsorship Agreement with the Department of Environmental Protection.

MOTION was ADOPTED 15-0.

Resolution 03-010

Ordinance 1900 - Amending Ordinance 1871 Addition to Meadowbrook Sanitary Sewer District

Commissioner Gross made a MOTION, seconded by Commissioner Ring to advertise Ordinance 1900, that amends Ordinance 1871, to provide for the sewering of an additional 33 homes in the Meadowbrook #1 Sanitary Sewer District.

MOTION was ADOPTED 15-0.

Sanitary Sewer Project - Contract #126 Amendment

Commissioner Gross made a MOTION, seconded by Commissioner Ring to amend Joao & Bradley’s Contract 126 in the amount of $882,862.50 for the construction of additional sanitary sewers, to be funded from the unallocated sewer fund balance into Account #17-07-961-7335.

MOTION was ADOPTED 15-0.

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:

Subdivision Plan SD-03-02 - Sirkam Realty Associates - 1482-88 Old York Road

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the consolidation plan of Sirkam Realty Associates, prepared by Charles E. Shoemaker, Inc., Engineers and Surveyors. Applicant proposes to consolidate properties known as 1482 and 1488 Old York Road, zoned in the (PB) Planned Business District in Ward 11, so as to enlarge Alexander’s Restaurant. The ZHB granted variances for the restaurant expansion on July 15, 2003.

Motion is subject to the following condition:

A new consolidated deed must be submitted with the record plans.

MOTION was ADOPTED 15-0.

Subdivision Plan SD-03-05 - George T. Popper - 715 Tyson Avenue

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the minor subdivision plan of George T. Popper, as prepared by William C. Parry, Registered Professional Land Surveyor. Applicant proposes to relocate the existing lot line to create two conforming lots. Lot 1 will have an area of 13,750 sq. ft. and Lot 2 will have an area of 12,500 sq. ft. The existing dwelling and impervious surface areas will be removed. Both lots will conform to the dimensional area requirements of the zoning district. Property is known as 715 Tyson Avenue, zoned in the (R-4) Residential District in Ward 9.

Motion is subject to the following condition:

Applicant will be required to install monuments at the front and rear corners indicating the new lot lines.

Motion is subject to the following waivers:

Waiver form Section 146-11 C - Proposed Layout Plan

Waiver from Section 146-11 D - Grading Plan

Waiver from Section 146-11 L - Architectural Plans

MOTION was ADOPTED 15-0.

Repointing of Administration & Police Buildings

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve Datum Restoration, Inc. as the low bidder and enter into a contract for the repointing of 1166 and 1176 Old York Road. Contract amount shall not exceed $55,222.80. Drawn from Acct. #07-01-500-7326, Acct. #07-01-500-7351.

Motion is subject to the following conditions:

The portion of the bid pertaining to the caulking of the windows and doors has been rejected and removed from the final bid amount.

The cap stones are to be repointed, and the brackets still in place from the old cell windows are to be removed and the joists ground out and repointed.

MOTION was ADOPTED 15-0.

PUBLIC SAFETY COMMITTEE:

Local Law Enforcement Block Grant (BJA - 8th Year)

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to accept a grant award from the Department of Justice in the amount of $11,577. Grant requires a 10% match of $1,286, which will be donated by Citizens and Police Together (CAPT).

MOTION was ADOPTED 15-0.

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 from PCCD (PA Commission on Crime and Delinquency) in the amount of $60,116.

MOTION was ADOPTED 15-0.

Abington Crime Prevention Academy (CPA)

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to accept a grant award from PA Commission on Crime and Delinquency in the amount of $9,877. Grant requires a match of $3,292, which will be provided by CAPT ($1,500) and the Abington PAL ($1,792).

MOTION was ADOPTED 15-0.

One-Hour Parking - Horace Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to change the two-hour parking zone on Horace Avenue (south side), from a point east of Old York Road to Bockius Avenue, to a one-hour parking zone.

MOTION was ADOPTED 15-0.

HANDICAPPED PARKING - 318 Cricket Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve erecting one HANDICAPPED PARKING sign for one vehicle at 318 Cricket Avenue.

MOTION was ADOPTED 15-0.

Proposed Traffic Island - Abington, Charles & Crescent

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize the creation of a triangular traffic island to define and control the approaches to the Abington/Charles/Crescent intersections according to the configuration proposed to the Board.

To approve the installation of one STOP sign on Charles Street at Abington Avenue.

To approve the installation of one STOP sign on Crescent Avenue at Charles Street.

MOTIONS were ADOPTED 15-0.

Ordinance #1899 - Removal of McKinley Fire Company from the Abington Fire Department

Commissioner Ferrara made a MOTION, seconded by Commissioner Kretschman to adopt Ordinance #1899, amending Chapter 12 of the Code of the Township of Abington, to remove the McKinley Fire Company #1 from the Abington Fire Department.

Commissioner Ferrara opened the Public Hearing at 8:15 p.m.

Commissioner Myers announced that last evening the current leadership of McKinley Volunteer Fire Company signed a written agreement with the Township pursuant to which the current Chief and President will step down at the end of this year. The Chief and President, on behalf of the Fire Company, have also agreed to have a committee comprised of the chiefs of the other four Abington volunteer fire companies, the Township Manager, the Township Fire Marshal, and the Chair of the Public Safety Committee manage and oversee the business and financial matters of the Fire Company until the transition to new leadership has been completed. The Committee will also have responsibility for all personnel and disciplinary matters of the Fire Company during that time period.

Because the position of the Board of Commissioners has always been that the McKinley Volunteer Fire Company is in need of new leadership, and this goal has been accomplished, she moved that this matter be tabled. Commissioner McGrath seconded the MOTION.

MOTION to TABLE PASSED 15-0.

The following printed statement was available to the public.

"Scheduled for public hearing this evening is Ordinance #1899 which proposes to eliminate the McKinley Volunteer Fire Company No. 1 from the Abington Fire Department.

Due to some recent developments, it is anticipated that the Board of Commissioners will "table" this ordinance, since an agreement was recently achieved that the leadership of McKinley Volunteer Fire Company step down.

Specifically, it has been agreed that David Leary, Fire Chief, will step down as Chief on January 1, 2004, a year before his current two-year term is up. Likewise, Carole Leary will step down as President effective November 30, 2003.

As part of the agreement, a seven-member Oversight Committee will immediately take control of all financial and operational procedures in order to bring about an orderly transition in leadership and a revitalization of the Fire Company. The Oversight Committee is comprised of the Fire Chiefs of the Township’s four other Fire Companies (Abington, Edge Hill, Roslyn and Weldon), the Township Fire Marshal, the Township Manager, and the Chairperson of the Public Safety Committee of the Board of Commissioners."

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to ratify the agreement entered into between the Township and McKinley Fire Company #1 on September 10, 2003, which was signed by herself and Commissioner Ferrara. The agreement was circulated to all Commissioners for review earlier today.

MOTION was ADOPTED 15-0.

Commissioner Ferrara commented this process began when a group of volunteer firefighters from McKinley Fire Company came to our meeting and asked us to get involved. They were concerned about the leadership, and tonight is the culmination of that involvement. It occurred this evening because it is our regularly scheduled Board meeting. She stated that she looked forward to a new beginning and the return of the volunteers to fight fires in McKinley.

Commissioner Gross thanked Commissioners Ferrara, Myers, Turco, O’Connor, Township Manager Conway, Chief Kelly, Fire Marshal Clark, and the staff for their diligence in this matter and the many, many hours that went into this, last night’s session lasting eight consecutive hours.

PUBLIC AFFAIRS COMMITTEE:

Contract Renewal - Environmental Protection Inspection, Inc.

Commissioner Wachter made a MOTION, seconded by Commissioner DeVore to enter into a contract renewal with Environmental Protection Inspection for lead-based paint and asbestos consulting.

MOTION was ADOPTED 15-0.

HOME Grant -PA DCED

Commissioner Wachter made a MOTION, seconded by Commissioner DeVore to authorize Township officials to accept a grant award from PA Dept. of Community and Economic Development in the amount of $400,000 for the Owner-Occupied Rehab (HOME) Program.

MOTION was ADOPTED 15-0.

Bid Award - Library Storefront Window Replacement

Commissioner Wachter made a MOTION, seconded by Commissioner DeVore to accept the lowest responsible bid and enter into a contract with Garozzo & Scimeca Construction, Inc. in the amount of $9,286 for replacement of the storefront window at Abington Library. Allocated amount for the project was $35,000.

MOTION was ADOPTED 15-0.

Library Storefront Window Project - Change Order No. 1

Commissioner Wachter made a MOTION, seconded by Commissioner DeVore to authorize Change Order No. 1 to the contract with Garozo & Scimeca, to add three additional openings of approximately 15’8" x 10’11", and one additional opening of approximately 7’5" x 10’11", for the added sum of $16,270, plus a contingency of $1,000.

MOTION was ADOPTED 15-0.

Design/Construction of Roslyn/Ardsley Trail

Commissioner Wachter made a MOTION, seconded by Commissioner DeVore to accept the lowest responsible bid of $82,400 from Baker Engineering for the design and construction of the walking paths in Roslyn and Ardsley Parks.

MOTION was ADOPTED 15-0.

FINANCE COMMITTEE:

Treasurer’s Report:

Treasurer Max M. Solomon, stated for August 2003, $1,046,445 was deposited into Fleet Bank, YTD $11,558,658. We collected $51,382 in Real Estate Taxes, YTD $19,179,598.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the investments for the month of July, 2003 as previously circulated to the Board. It was noted that investments for the month totaled $920,000. Interest rates ranged from 2.004% to 4.999%.

MOTION was ADOPTED 15-0.

Expenditures/Salaries and Wages

Motion to:

Approve the July, 2003 expenditures as previously circulated to the Board, in the amount of $1,365,787.04 and salaries and wages in the amount of $1,335,053.95.

Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of October, 2003.

Roll Call resulted in MOTION being PASSED 15-0.

Training and Conference Expenses

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the Advance and Travel Expense activity for July, 2003 as previously circulated to the Board. Advances and Travel Expense Reports were $84.00 and $0.00, respectively. Seven (7) month expenses total $29,122.42.

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 July, 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 July, 2003 were $870.00 and ($10,339.99), respectively.

MOTION was ADOPTED 15-0.

Budget Transfer Authorization

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to authorize a transfer of $7,400 from Contingency Acct. #01-01-002-5299 to Police Department Training Acct.

MOTION was ADOPTED 15-0.

PENSION COMMITTEE:

Resolution 03-011 - Minimum Municipal Obligation - Pension Plans

Commissioner Gross made a MOTION, seconded by Commissioner Wachter to adopt Resolution 03-011 recognizing that the Township’s minimum municipal funding obligation for the calendar year 2004 with respect to the Municipal Employee and Police Pension Plans is $410,584 and $-0-, respectively.

MOTION was ADOPTED 15-0.

Resolution 03-011

PUBLIC COMMENT:

Marge Herrmann Sexton, 547 Gibson Avenue, commended Commissioner O’Connor for bringing the McKinley Fire Company into integrity for the citizens of this Township.

REMARKS OF COMMISSIONERS:

Commissioner Luker thanked Commissioners O’Connor and Myers for a job well done on the McKinley Fire Company matter. He thanked Greg Breyer, of the Code Enforcement Dept. and Officer Barry Jerome, Police Dept., for detecting an oil spill and notifying all of the proper agencies.

Commissioner Turco congratulated Commissioner Myers, Township Manager Conway, and Chief Kelly for a job well done on the McKinley Fire Company matter. He also thanked the four chiefs of the fire companies.

Commissioner DeVore congratulated Commissioner Myers on how well she resolved this matter.

Commissioner McGrath announced that the Roslyn Fall Festival will be held on Saturday, September 27, 2003 from 3-9 p.m.

Commissioner Carlin thanked the Commissioners for their support of the Roslyn/ Ardsley Trail project, and we will have a Beef & Beer at the North Penn VFW on September 26, 2003 from 8-12 a.m.

Commissioner O’Connor thanked Commissioners Myers and Ferrara, Township Manager Conway, Chief Kelly, the four fire chiefs, and fellow Board members for their involvement and support in the McKinley Fire Company matter. He asked Mr. Conway if he could give the firefighters instruction on how they can resume working at the fire company.

Commissioner Kretschman commented Commissioner O’Connor pushed for this issue to be resolved and has done an excellent job.

Commissioner Ferrara announced appointing Commissioner Myers as the Chairman of the Public Safety Committee was one of the smarter things she has done as President. She has done an outstanding job.

ADJOURNMENT: 8:37 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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