Board of Commissioners Meeting Minutes

The stated meeting of the Board of Commissioners of Abington Township was held on Thursday, September 8, 2005 at the Township Administration Building, Abington, PA, with Commissioner Ring presiding.

CALL TO ORDER: 8:00 p.m.

ROLL CALL: Present: Commissioners AGOSTINE, MYERS,

WACHTER, DIJOSEPH, TURCO, ZAPPONE,

CARLIN, JAY O’CONNOR, MICHAEL

O’CONNOR, WEILHEIMER, LUKER, MCGRATH,

LYNOTT, GILLESPIE, RING.

Township Treasurer BLUMENTHAL

Township Manager CONWAY

Township Solicitor HERDER

Chief of Police KELLY

Township Engineer POWERS

Director of Parks & Recreation WENDELL

Director of Code Enforcement MATTEO

Superintendent of W.W.T.P. LEBER

Commissioner Ring stated in conjunction with the Hurricane victims, Chief Kelly met with the members of the emergency teams throughout the five-county area.

Chief Kelly stated due to the tragedy in the southern States, there has been a lot of difficulty in getting aid to them and where it is needed most. Many officers in Abington Township have volunteered to go there and assist. We have been unable to find missions for them to go. PEMA is not receiving any missions at this time. We contacted Biloxi, Mississippi who are in desperate need of assistance. They have officers who have been working 12-hour shifts without a day off and many of them have no homes. Their families are in total disarray. We put together a Task Force from Montgomery County that will go to Biloxi, Mississippi to assist them.

The teams will be two officers from 10 different police departments and one vehicle from each police department. Numerous departments have volunteered so we have enough to send down for the first round and then replace them. The County has done a magnificent job putting together an entire support team. The officers will have a deacon truck that provides showers for them and the officers already there.

Board of Commissioners Meeting September 8, 2005

PEMA will reimburse the Township for salary, benefits and out-of-pocket expenses for the officers. The Township does retain control of the employees and their liability. We have an entire command structure going with the officers. Superintendent of Merion Police Department is leading the team, and Police Sergeant Steve Fink and Officer Chris Porter from our department will be going there. They will be going for a period of time based on the feedback we get from them and how soon we will rotate them.

Many officers have only the clothes on their backs, and if we send clothes, please send something to put them in. Tupperware containers would keep their clothes dry. When we send the next group of officers down there, we will send more equipment with them.

Commissioner Gillespie stated his wife’s cousin lives in Jackson, Mississippi and he might be able to help with the red tape.

Chief Kelly thanked Commissioner Gillespie, and stated we have sent a request directly to PEMA for 20 officers from Montgomery County.

The Meadowbrook Bird Sanctuary presented a Suburban Greening Maintenance Award as received from the PA Horticultural Society to the Board of Commissioners. Commissioners Weilheimer, Michael O’Connor and Ring accepted the award on behalf of the Township.

Deputy Chief John Livingood stated on June 21, 2005 there was a major fire in Rydal Park at the vacant Harbison Estate. The firefighters used tanker trucks that expend millions of gallons of water to fight this fire. FBI Special Agent Jeff Nedeaux who resides in Abington Township, approached the Fire Marshal and the Police Department that a couple of days prior to the fire he was walking his dog in the vicinity of that property. He noticed a few young people coming out of that vacant house and get into their car. He remembered the tag, and after the fire broke out, gave us that information. We were able to trace it back to the people who were directly involved with causing that fire. Three 18-19 year old males were arrested on felony arson charges.

He introduced Jeff Nedeaux’s Supervisor Wayne Yost who was present this evening.

Commissioners Ring and Myers presented FBI Agent Jeff Nedeaux with a commendation for his extraordinary service to Abington Police and the citizens of Abington Township.

Chief Kelly stated First Assistant District Attorney Risa Ferman who resides in Abington and has frequently responded to the scene of serious crimes to assist and guide us. Abington Police are the first stop she makes to discuss a case or assist us with any legal issues. In addition to the prosecutorial support that Bruce Castor and Risa Ferman have

Board of Commissioners Meeting September 8, 2005

provided Abington Police, they helped guide us in surveillance capabilities that we would not otherwise have available. We appreciate all they have done for Abington Township.

Commissioners Ring and Myers presented Risa Ferman a commendation for her dedicated service to the Abington Township Police Department.

Commissioner Zappone recognized the above and beyond actions on the part of Joao & Bradley Construction Company and their Superintendent Carlos Tavares. We just completed a large sanitary and storm project in Ardsley. Carlo’s professionalism, caring and concern did not go unnoticed. Carlos took care of any problems that a constituent had concerning this project. His public relations with the community were commendable and it helped to move the project along quickly and without conflict.

Commissioners Zappone and Wachter presented a commendation to Joao & Bradley Company for their outstanding services in the construction of the Ardsley Sanitary Sewer project.

Commissioner Ring announced there are two vacancies on the Environmental Advisory Council. One is for two years and the other will expire this year. If anyone is interested in filling those vacancies, please contact the Township Manager’s office.

Commissioner Turco made a MOTION, seconded by Commissioner Carlin to approve the Board of Commissioners Meeting minutes of August 11, 2005.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to accept $250,000.00 federal grant for flood mitigation – 242 Hamel Avenue.

MOTION was ADOPTED 15-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to authorize an additional $80,700.00 in engineering and permitting costs for the Equalization Basin design; funds to be drawn from unallocated Sewer Operating Retained Earnings.

Board of Commissioners Meeting September 8, 2005

Mr. Leber stated we are trying to get a land development application approved for this project by Upper Dublin Township.

Commissioner Wachter stated we have to go before their Zoning Hearing Board. This is a large project and we have the funds allocated for it.

Mr. Leber replied it will be $2.4 million for the total project cost.

Solicitor Herder stated there is a hearing scheduled before the Upper Dublin ZHB on Monday, September 26, 2005 to seek a special exception to expand a nonconforming use.

MOTION was ADOPTED 15-0.

Commissioner Wachter made a MOTION, seconded by Commissioner Zappone to accept the lowest responsible bid of $74,200.00 from Naticchione Brothers, Inc. for the 1150 Dixon Lane Storm Sewer Replacement, and enter into a contract with them. To be funded from the Contingency Fund.

MOTION was ADOPTED 15-0.

Commissioner Ring made a MOTION, seconded by Commissioner Carlin to adopt Ordinance No. 1929 – Limiting residency location for persons convicted of certain offenses.

Commissioner Ring opened the Public Hearing at 8:30 p.m.

Commissioner Ring asked for any comments from staff.

Solicitor Herder stated this ordinance was suggested by Commissioner Carlin. The purpose of it is to prevent people who have been convicted of certain crimes against children known as Megan’s Law Offenders from taking up residency in Abington Township within 2,500 ft. from where children congregate such as: schools, playgrounds

Board of Commissioners Meeting September 8, 2005

and parks. The Pennsylvania Legislature adopted a Pennsylvania form of Megan’s Law a number of years ago. It has been subjected to a number of court challenges. The Pennsylvania Law does not address the proximity of residents of a Megan’s Law offender to this type of facility. The ordinance contains a provision which grandfathers any resident living in Abington Township who is registered under the Megan’s Law who lives within 2,500 ft. of one of these facilities now. That is avoiding depriving someone of a property right.

The Township has the authority to adopt this law from the First Class Township Code -Section 1502, which delineates the powers that a Board of Commissioners in a First Class Township has. This Board has the power to take all needful means for securing the safety of persons and property within the Township.

Commissioner Lynott asked does this draft contain any significant differences from the other resolutions in other communities that he has researched?

Solicitor Herder replied no. There are a number of ordinances he has seen that have a difference in the number of feet. It references certain Pennsylvania statutes which contain legislative findings concerning repeat offenses that are committed by these types of people who are convicted under these laws. It also references the Pennsylvania Crimes Code provision that enumerates the laws that will mandate a person to be registered under Megan’s Law. This ordinance mirrors specifically and accurately the Pennsylvania Law.

Commissioner Jay O’Connor asked if a resident who lives next to a school commits an offense against a child after this ordinance is enacted, what happens then?

Solicitor Herder replied if that person is convicted, they will go to State prison for one to five years.

Commissioner Ring asked for any comments in favor of this ordinance.

Commissioner Carlin stated he advocates that the Board of Commissioners make this ordinance a law. It will not make our neighborhood completely safe from these predators. It will present an obstacle to those who plan to harm our children. We should pass this law as a first measure in the line of defense against these predators all the while remaining vigilant in protecting our children and our families.

Commissioner Lynott stated he supports this ordinance.

Commissioner Ring asked for comments in disfavor of this ordinance. There were none.

Commissioner Ring asked for any public comments.

Board of Commissioners Meeting September 8, 2005

Victor Krievins, 840 Maple Avenue, commended Commissioner Carlin on having the foresight to see the problem that is increasing. He was involved in putting these kinds of people in prison. The last one got 15 years because he was a repeat offender. He suggested increasing the penalty in the ordinance.

Solicitor Herder replied that is not possible because this being a municipal ordinance we are limited by law as to what the maximum penalties can be. These are the maximums. We do not have the power to classify offenses as anything more than a summary offense.

Mr. Krievins asked if someone is convicted of two offenses then each offense is up to 90-days and $1,000?

Solicitor Herder replied yes.

Mr. Krievins asked that public libraries, miniature golf course and stores that are designated for children be included in the ordinance.

Solicitor Herder replied this ordinance is designed to address public properties. Any private properties would be subject to complaints from the merchants and we would be enacting a defacto-exclusion of these offenders from the Township. Any law including a Township ordinance is subject to challenge if it can be shown that it does not rationally relate to a legitimate government purpose.

Mr. Krievins asked can school bus stops be included?

Solicitor Herder replied that can be added to the ordinance if the Board so directed.

Mr. Krievins urged the Board to vote in favor of this ordinance.

Solicitor Herder stated this ordinance is targeted to keep the offender away from places where children congregate and be susceptible to an attack. Children are not at a school bus for any length of time and they are in view of the motoring public. That is why school bus stops are not included in this ordinance.

Jon Fox, 2155 Guernsey Avenue, stated our Police Department and Commissioners have always made public safety a priority and protecting our children has always been our number one priority. He commended the Board for their work on this ordinance.

Gail Carlin, 1205 Johnston Avenue, stated Roslyn School will be under construction. Does this ordinance pertain to that even though it will not be inhabited for the next year? There are other schools that are under construction at this time.

Solicitor Herder replied if it is a school under construction; it is a school. The ordinance should be applied to schools presently under construction.

Board of Commissioners Meeting September 8, 2005

Mrs. Carlin stated she supports this ordinance.

Commissioner Ring closed the Public Hearing at 8:45 p.m.

MOTION to adopt Ordinance No. 1929 passed 15-0.

Board of Commissioners Meeting September 8, 2005

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one-Handicapped Parking sign in front of 1410 Grovania Avenue.

MOTION was ADOPTED 15-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one Handicapped Parking sign in front of 2219 Rubicam Avenue.

MOTION was ADOPTED 15-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one Handicapped Parking sign in front of 103 Lynnwood Avenue.

MOTION was ADOPTED 15-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the removal of one Handicapped Parking sign in front of 1360 Arline Avenue.

MOTION was ADOPTED 15-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of a No Turn on Red sign for the southbound lane on Old York Road at Rodman Avenue.

MOTION was ADOPTED 15-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to accept a grant award from PCCD (Pennsylvania Commission on Crime and Delinquency) in the amount of $48,800.00.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting September 8, 2005

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize Township officials to accept a grant award from the Bureau of Highway Safety and Traffic Engineering in the amount of $36,575.00 with the Township’s matching portion approximately $450.00.

MOTION was ADOPTED 15-0.

Chief Kelly stated a recent study by our department showed a dramatic increase of the number and seriousness of traffic violations. In a 25 M.P.H., zone the average speed was 42 M.P.H. and the top speed observed was 67 M.H.P. In a 35 M.P.H., zone we had numerous violations of 62 M.P.H. In four hours at a stop sign location, we observed 107 rolling violations and 48 flagrant violations. At a traffic signal location, we observed over 40 flagrant violations in 4 hours. SAFE-T stands for Safety in Abington through Focused Education and Traffic Enforcement. As part of that program there will be increased traffic enforcement.

In addition to the enforcement, we have some ideas that will increase visibility and help educate public. He presented several different styles of signs to the Board. We plan on ordering 100 signs to be given to the Commissioners to spread throughout their wards. We will place them at major roadways, school zones and school crossings. We suggest that this program be in effect during June and September, and that the signs will only be placed during those months. We will hand out fliers to citizens who are stopped by the police explaining why they are being stopped and about the program. In addition, those fliers will be posted around the Township and sent home with the students. Penn State has agreed to send a flier out to their students.

Commissioner DiJoseph asked who should she contact about surveillance in her ward?

Chief Kelly replied to contact his office.

Commissioner Wachter commented Traffic Safety Manager Quinn has helped him in his ward, and suggested highlighting this program in the newsletter.

Commissioner McGrath asked that it be placed in the calendar next year.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize $5,000.00 from the 2005 Contingency Fund to implement the new Abington Township Traffic SAFE-T Program.

Board of Commissioners Meeting September 8, 2005

MOTION was ADOPTED 15-0.

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to authorize the proper Township officials to execute the Memorandum of Agreement between the Pennsylvania Emergency Management Agency (P.E.M.A.) and Abington Township specifying the terms and conditions that Abington Township will work with P.E.M.A. to assist victims of Hurricane Katrina.

Commissioner Weilheimer asked will there be an increase in liability coverage?

Chief Kelly replied the risk is borne by the Township.

Commissioner Carlin commented it is appropriate that we are voting on this on September 8^th because it is the anniversary of our 1996 flood.

Commissioner Zappone suggested that the Township pay $3,500 for diapers, water and formula for the Katrina victims.

Chief Kelly replied after the first group of officers goes down there and finds out what is needed then we will send it with the second group of officers.

MOTION was ADOPTED 15-0.

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to establish the annual Montgomery Environmental Award.

MOTION was ADOPTED 15-0.

Commissioner Carlin made a MOTION, seconded by Commissioner Turco to approve Derstine Company as the lowest responsible bidder for the sandblasting and repainting of the main pool in the Penbryn Pool complex for a cost of $40,850.00.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting September 8, 2005

Township Treasurer Jay Blumenthal stated for August, 2005 $1,286,688 was deposited into Bank of America, YTD $12,210,296. We collected $207,398 in Real Estate Taxes, YTD $20,775,774.

Commissioner Luker made a MOTION, seconded by Commissioner Carlin to approve the investments for the month of July, 2005 as previously circulated to the Board. It was noted that investments for the month totaled $485,000. Interest yields ranged from 3.455% to 3.750%.

MOTION was ADOPTED 15-0.

Motion to:

Approve the July expenditures as previously circulated to the Board in the amount of $1,533,587.73 and salaries and wages in the amount of $1,428,976.71.

Authorize the proper officials to sign vouchers in payment of bills and contracts as they mature for the month of October, 2005.

Roll Call resulted in motion being passed 15-0.

Commissioner Luker 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, 2005 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, 2005 were $14,162.91 and ($0.00), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of July, 2005 were $2,884.14 and ($6,007.69), respectively.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting September 8, 2005

Commissioner Wachter made a MOTION, seconded by Commissioner Luker to adopt Resolution #05-014 recognizing that the Township’s minimum municipal funding obligation for the calendar year 2006 with respect to the Municipal Employee and Police Pension Plans, is $749,302.00 and $604,955.00, respectively.

Commissioner Wachter stated the State will reimburse the Township after this is approved. The police have not had to contribute anything to their pension plans in the last 10 years.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting September 8, 2005

Michael Brough, 1422 Grovania Avenue, stated he brought in a booklet that his wife and his neighbors made which explains their water problems. Every time it rains more than an inch and a half, we have serious backyard flooding and erosion. The Township’s answer was to put in more inlets, but there is a 4 ft. pipe that goes under the railroad tracks that cannot handle the amount of water and it backs up. He collected 167 signatures from homeowners in this area that have suffered water problems due to the backup of this system. Mr. Powers is aware of the situation.

Mr. Powers stated the Township is responsible for getting the water to the railroad tracks, but under the railroad tracks is SEPTA’s responsibility. He cannot force SEPTA to enlarge the culvert.

Commissioner Ring asked that we contact SEPTA and try to work on this problem with them.

Commissioner Zappone asked is the water eroding in the track bed in that area?

Mr. Brough replied yes, the water backs into the railroad tracks too.

Commissioner Ring suggested to Mr. Brough to discuss this further with Commissioner Zappone after the meeting.

Ken Krawchuk, 117 West Avenue, commented he enjoyed the discussion on Ordinance No. 1929.

Commissioner Agostine thanked Chief Kelly, and she is delighted about this new program.

Commissioner Myers stated this program is not about ticketing; it is about educating the public. She appreciates that Chief Kelly got this program together quickly.

Commissioner Wachter announced that Tuesday, October 11, 2005 is the Food Festival.

Commissioner DiJoseph stated she commended Chief Kelly on this program, and we will send out fliers to all schools not just the public schools. She complimented Commissioner Carlin on bringing forth Ordinance No. 1929, which is important.

Board of Commissioners Meeting September 8, 2005

Commissioner Zappone thanked Commissioner Myers and McGrath for spearheading that program and to Chief Kelly for it’s’ implementation. He thanked Mr. Powers for the Ardsley project, and to Tim Clark. He thanked Mr. Wendell for the Ardsley/Roslyn trail project. He thanked Mr. Matteo for his help at the VFW meeting last evening.

Commissioner Carlin thanked Solicitor Herder for his work on Ordinance #1929, and thanked his fellow Commissioners for supporting it.

Commissioner Gillespie thanked the Commissioners for supporting his bicycle ride to the shore for M.S. $2,500 was raised for that cause.

Commissioner Lynott stated education should be a major part of this traffic program and some people will respond and some will not.

Commissioner McGrath thanked Commissioner Carlin for spearheading Ordinance #1929 and to Chief Kelly for this program. She thanked the Commissioners for passing the Montgomery Environmental Award. She thanked Mr. Matteo and Officer Barry Jerome for helping her with a problem in her ward.

Commissioner Luker congratulated Commissioner Carlin on Ordinance #1929. He wished Jim Salanik success on the Property Maintenance Code. He announced that Saturday, September 10, 2005 is Unity Day at Crestmont Park.

Commissioner McGrath stated she is aware of the water problem where Mr. and Mrs. Brough live and she has been out there with our Engineer and Public Works Dept.

Commissioner Weilheimer stated this fall we will have our new pre-school playground at Alverthorpe. On Wednesday, September 14, 2005 at 7:30 p.m. in the Board Room will be an open interest meeting for a dog park.

Commissioner Jay O’Connor thanked Commissioners Myers and McGrath on the traffic safety program. He thanked Commissioner Zappone on the SEPTA bus issue.

Commissioner Ring thanked Gail Carlin for her comments.

ADJOURNMENT: 9:25 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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