Board of Commissioners Meeting Minutes
Board of Commissioners Meeting - April 10, 2003

The stated meeting of the Board of Commissioners of the Township of Abington was held on Thursday, April 10, 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

Assistant Township Manager LAHAZA

Township Solicitor HERDER

Chief of Police KELLY

Treasurer SOLOMON

Township Engineer POWERS

Director of Finance MATIZA

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:

Chief Kelly and Dave Rondinelli recognized Maryann Casey, Midge Grossman, Bob Salerno, George Edwards, Lois Amato, Valerie Ward, Tony Rybarczyk, Sam Thomas, John Loring, Jan Marino, Glen Fitze, Al Urban, Diane Misko, Carmela Urban, Chas Moritz, Carol Bleicher, and David Oliveria as the 2002 top volunteers for the various police programs for a total of 9,708.5 hours.

Commissioner Ferrara and Chief Kelly presented Detective Daniel Fisicaro a Class III Commendation for his exceptional work resulting in the arrest of a major drug supplier.

Chief Kelly stated on May 9, 2002, an armed intruder burst into an apartment and attacked and killed a mother and son and seriously injured the 12 year old daughter. Officer Rick Beaghley and Officer Chris Porter broke down the door, caught the intruder, and saved the girl’s life. He thanked them for their bravery. He also thanked Officer Robert Hill, Sergeant Bruce Mouat, and Lt. James Leary who were on the scene.

MINUTES:

Board of Commissioners Meeting April 10, 2003

Commissioner Kretschman made a MOTION, seconded by Commissioner Gross to approve the minutes for the Special Board meeting of March 3, 2003 called to advertise Ordinance 1891, reapportioning the wards of the Township, and the Board of Commissioners meeting of March 13, 2003.

MOTION was ADOPTED 15-0.

PUBLIC WORKS COMMITTEE:

Ordinance 1889 - Fixing of Sanitary Sewer Rates

Commissioner Ferrara made a MOTION, seconded by Commissioner Agostine to adopt Ordinance 1889, amending Ordinance 1883, relating to the fixing of sanitary sewer rates for users of the Abington Township sanitary sewer system.

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

Commissioner Ferrara asked for any comments from the Commissioners.

Commissioner Zappone asked what is the $35.00 fee for and who is supposed to read these meters?

Commissioner Ferrara replied the $35.00 fee is to cover the cost for the Township to read the meter.

Commissioner Ferrara asked for any comments in favor of the ordinance. There were none.

Commissioner Ferrara asked for comments in disfavor of the ordinance.

Madge Tidwell, 614 Harrison Avenue, asked has the Township inquired how much the water company will charge to install a new line for the new meter?

Mr. Leber replied the homeowner is free to put a separate meter on an existing water line for an outdoor spigot.

Ms. Tidwell replied the water company will charge to put a new line from the street to the spigot.

Mr. Leber replied it will not require a new line. It can be put on the existing service.

Ms. Tidwell stated if the water comes in from the main line it goes through the meter and then branches out to different spigots. Is that correct?

Board of Commissioners Meeting April 10, 2003

Mr. Leber replied that is correct.

Ms. Tidwell stated if another meter is put on the outside spigot, how will that work?

Mr. Leber replied the Township reads the meter and deducts that flow. When you are billed for sewer charges the water company still charges for the water.

Ms. Tidwell replied she was told by the water company that she has to run a whole new service into that line.

Mr. Leber replied at the Wastewater Treatment Plant, we have several internal meters that are all on the same water meter, and we did not have to run separate lines for them.

Ms. Tidwell asked if the Township would look into it.

Mr. Leber replied he will.

Commissioner Carlin asked Mr. Leber when the Township comes out to inspect, do they have to verify that the alternate meter has been set up correctly?

Mr. Leber replied when the meter is installed, the homeowner will have to get a permit and have it inspected to determine that the water going through the meter is used only for purposes that don’t result in the production of wastewater.

Commissioner Carlin commented he is in opposition, and this favors those who can afford it so we are not promoting conservation of water.

Commissioner Wachter commented it is an unfair burden for a resident who has a ¾ inch pipe.

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

MOTION was ADOPTED 15-0. The Hearing was closed at 8:20 p.m.

MOTION was ADOPTED 12-3. Commissioners Carlin, Zappone, and Turco opposed.

Ordinance 1889

Board of Commissioners Meeting April 10, 2003

Ordinance 1892 - Vacation of Standish Avenue

Commissioner Ferrara made a MOTION, seconded by Commissioner Ring to adopt Ordinance 1892, vacating a portion of Standish Avenue 150 ft. from Mankin Avenue. Applicant will be responsible for all legal fees, and the property will be deed restricted to open space.

Commissioner Ferrara opened the Public Hearing at 8:21 p.m.

Commissioner Ferrara asked for any comments from the Commissioners.

Commissioner Zappone asked do the residents use this piece of property now?

Commissioner Ferrara stated it is now cared for by the abutting property owners.

Commissioner Zappone asked will the neighborhood residents be allowed to use this property?

Commissioner Ferrara replied no, because it is being deeded to the abutting property owners.

Commissioner DeVore asked will any additional impervious surface be put on the property?

Commissioner Ferrara replied it is deed restricted to open space.

Commissioner Ferrara asked for any comments in favor of this ordinance. There were none.

Commissioner Ferrara asked for any comments in disfavor of this ordinance.

Stan Brubaker, 942 Brown Avenue, read a statement from Ordinance 1892: "Whereas, in the judgment of the Board of Commissioners the said highway serves no useful public purpose or convenience…." To agree with that judgment, you would have to ignore our petitions of 1993, 1994, 1998, and 2003 that include references to long time use of this land by the public. The Township has acknowledged this use through its Solicitor who prepared a case 95-3993 Luke Weideman vs. Abington Township. That petition to vacate Standish Avenue was turned down. He read from the case: "This unopened portion of Standish Avenue is an open tract which members of the community have used as a footpath between Mankin Avenue and the open portion of Standish Avenue. The neighborhood children have sledded on this tract for as long as the community has existed." He read from Ordinance 1892: "Whereas, the highway hereinafter described is no

Board of Commissioners Meeting April 10, 2003

longer of public convenience and constitutes a liability to the Township of Abington in the care and maintenance thereof…." Last year there were calls to the Township regarding a dead tree dropping branches on Mankin and Standish Avenues, and the response was it was not their problem. At the March 3, 2003, Public Works meeting, the Township Engineer commented the Township does not maintain this property and it is left to the adjoining property owners. These contradictions undermine the validity of this ordinance. To vacate and apply the deed restriction of open space seems unfair to the applicant. He is opposed to this ordinance.

Commissioner O’Connor stated Reese, Susquehanna, and Brown Avenues have been vacated, and there were no restrictions placed on them. By vacating Standish Avenue and asking for a deed restriction is enough of a requirement, and he is in favor of it.

Commissioner Wachter asked about the 1995 Court ruling on a similar petition.

Solicitor Herder replied in 1995, Luke Weideman asked that this same strip of ground be reverted to the abutting land owners under operation of law. He had the case dismissed on a technicality and Mr. Weideman’s attorney re-filed the case. He argued before Judge Davenport and he denied the reversion to the abutting land owners and there was no appeal taken.

Commissioner Ferrara stated the applicants have agreed to the deed restriction voluntarily, and it is not being forced upon them.

Commissioner Turco asked Solicitor Herder if it has been a public walkway for 21 years, is it deemed a public walkway?

Solicitor Herder replied the rule requires the Township to accept dedication and put the dedicated land to the use for which it was dedicated. The fact that various members of the public have used it for an extended period of time vests no right in the public. The 21 year rule does not come into play here.

Glenn Shay, 239 Margaret Avenue, stated he uses this road and it is a short cut to Rockledge Avenue. His children also sled on the hill.

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

MOTION was ADOPTED 15-0. The Hearing was closed at 8:35 p.m.

MOTION was ADOPTED 15-0.

Ordinance 1892

Board of Commissioners Meeting April 10, 2003

Economic Development - Landscape Maintenance for Revitalization Areas

Commissioner Gross made a MOTION, seconded by Commissioner Ring to award the contract and enter into an agreement with Shades of Green, Inc. for landscape maintenance work in revitalization districts in an amount NTE $25,220. Funds to be drawn from Economic Development Acct. #07-01-502-7325 and the ‘03 Economic Capital fund.

MOTION was ADOPTED 15-0.

Bid Award - Consortium Signs and Materials

Commissioner Gross made a MOTION, seconded by Commissioner Ring to accept the lowest responsible bids and enter into contracts with suppliers of street signs and miscellaneous related materials.

MOTION was ADOPTED 15-0.

Recycling Center Temporary Funding

Commissioner Gross made a MOTION, seconded by Commissioner Ring to authorize a temporary expenditure NTE $50,000 from General Fund balance to finance the building of the recycling center. This is 100% reimbursable by grant funds.

MOTION was ADOPTED 15-0.

Engineering Funding Request - Wissahickon Modeling Review

Commissioner Gross made a MOTION, seconded by Commissioner Ring to authorize expenditures NTE $40,000 from Wastewater Acct. #01-10-200-5305, with 80% reimbursement from North Wales Borough, Upper Gwynedd Township, Bucks County Water and Sewer Authority, and Ambler Borough to Dr. Michael Piasecki to review Wissahickon stream modeling provided by EPA.

MOTION was ADOPTED 15-0.

Meyer Avenue Right-of-Way Sewer Replacement Funding Authorization

Commissioner Gross made a MOTION, seconded by Commissioner Ring to reallocate $64,000 in the Sewer Capital budget from installation of sewer lines on Fairview and Summit Avenues to fund the emergency replacement of 435 ft. of sanitary sewer in the right-of-way between Meyer Avenue and the Sandy Run Creek, and to authorize an

Board of Commissioners Meeting April 10, 2003

amendment to the storm sewer construction contract in the same amount to perform the work.

MOTION was ADOPTED 15-0.

Funding Authorization for Sewer Backups

Commissioner Gross made a MOTION, seconded by Commissioner Zappone to authorize an expenditure from Sewer Operating Fund Retained Earnings for cleanup and restoration of homes affected by sewer backups, not covered by homeowner’s insurance, in an amount NTE $25,000.

MOTION was ADOPTED 14-1. Commissioner Turco opposed.

Philadelphia Presbytery Homes, Inc. - Sanitary Sewer Right-of-Way

Commissioner Gross made a MOTION, seconded by Commissioner Ring to advertise Ordinance 1893 which provides for the condemnation of a sanitary sewer right-of-way through the property of Philadelphia Presbytery Homes, Inc., at 1515 The Fairway and adjoining properties.

MOTION was ADOPTED 15-0.

2003 Road Overlay Program

Commissioner Gross made a MOTION, seconded by Commissioner Ring to approve the 2003 Road Overlay program for a number of Township streets as submitted by the Public Works Department.

MOTION was ADOPTED 15-0.

Commissioner Gross commented he wishes Angelo Pontelandolfo, Highway Superintendent, a speedy recovery.

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:

Subdivision Plan SD-03-04 - Alice W. Donner - 314 Wellington Terrace

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the subdivision plan of Alice W. Donner, as prepared by Donald J. Boucher, Registered Professional Land Surveyor. Applicant proposes to relocate the existing lot line so lot No. 2 will be completely in compliance with the requirements of Section 302.3 of the Zoning Ordinance. The proposed lot line change would reduce Lot No. 1 to an area of 27,413 sq.

Board of Commissioners Meeting April 10, 2003

ft. and increase Lot No. 2 to 15,856 sq. ft. Property is known as 314 Wellington Terrace, zoned in the (R-2) Residential District in Ward 7.

Motion is subject to the following condition:

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

Motion is subject to the following waivers:

Section 146-11.D - Grading Plan

Section 146-11.C - Proposed Layout Plan

Section 146-35 - Architectural Plan

Commissioner Ferrara recused herself because this piece of property is listed for sale in the office where she works.

MOTION was ADOPTED 14-1. Commissioner Ferrara abstained.

Land Development LD-03-01 - Abington School District Sports Facility

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to approve the Land Development plan for the Abington School District, as prepared by Van Cleef Engineering Assoc., Consulting Civil Engineers. Applicant proposes to construct a multi-purpose sports facility, including locker rooms, concession stand, restrooms, bleachers, a first aid station, totaling 6,836 sq. ft. Property is located at 900 Highland Avenue, zoned in the (CS) Community Service District in Ward 11.

Motion is subject to the following conditions:

Applicant must address the issues identified in the Township staff review letter of December 12, 2002, as stated in Applicant’s response letter dated March 28, 2003.

The lower portion of Ghost Road that allows vehicle access to the residential streets in the Glenside Gardens area must be closed for all home football games, and for any event expected to attract 1,500 or more spectators.

Vehicle traffic in front of the stadium shall be limited to one-way to allow for a bus

drop-off lane for parents for all home football games and for any event expected to

attract 1,500 or more spectators.

Board of Commissioners Meeting April 10, 2003

Lighting and public address systems, and the use thereof, must conform to the

requirements of Section 801.m and 801.p of the Abington Township Zoning

Ordinance.

No existing trees which will be included in the buffer between the sports facility

and homes in Glenside Gardens shall be removed except upon written permission

of the Abington Township Board of Commissioners.

Applicant shall construct a walking path from the Copper Beech Elementary School

parking lot to the sports facility as discussed at the March 31, 2003 meeting of the

Code Enforcement Committee.

Applicant agrees that, after one full year of operation of the completed sports facility,

it will participate with the Township in a review of traffic conditions generated by the

use of the sports facility. Applicant further agrees that it will work cooperatively with

the Township to develop solutions to any undesirable traffic conditions, and that it

will implement those solutions as soon as practicable after they are developed.

Applicant agrees that if, in the future, trash collection from the sports facility and/or

the School District campus is performed by a trash collection contractor other than

Abington Township, it will not allow such trash collection contractor to enter or exit

the School District property at the Glenside Gardens Ghost Road entrance.

Commissioner Wachter asked Mr. Matteo does this proposal meet with our zoning requirements?

Mr. Matteo replied yes.

Commissioner Wachter asked does it comply with all of our Township Ordinances?

Mr. Matteo replied yes, for land development.

Commissioner Wachter commented the First Class Township Code states if the proposal meets the criteria, then we shall approve it.

MOTION was ADOPTED 12-3. Commissioners Kretschman, McGrath, and Zappone opposed.

PUBLIC COMMENT:

Carol DiJoseph, 739 Crescent Avenue, asked for condition No. 7 to be amended to

Board of Commissioners Meeting April 10, 2003

state: Applicant further agrees that it will work cooperatively with the Township and neighbors to develop solutions to any undesirable traffic conditions, and that it will implement those solutions as soon as practicable after they are developed.

Commissioner Ferrara replied that was our intent.

Mr. Bartle replied he does not object to that.

Commissioner Agostine made a MOTION, seconded by Commissioner Wachter to re-open item CE2.

MOTION was ADOPTED 15-0.

Commissioner Agostine made a MOTION, seconded by Commissioner Kretschman to AMEND the MOTION to include the neighbors of the Glenside Garden Civic Association in the provisions of condition No. 7.

MOTION was AMENDED and PASSED 15-0.

A Board Member of the Glenside Gardens Civic Association, stated we oppose the Ghost Road site and read a letter from their attorney, John Ryan. This letter confirms the opposition of the protestants to the granting of any subdivision and land development approval, and if it is granted, such approval should include a condition that the approval will expire in the event of a final and un-appealable judicial determination.

Solicitor Herder stated he explained to Mr. Ryan there was no provision under the law that we can force that condition on the applicant. The appeal has been ruled frivolous and without merit by a Common Pleas judge. The protestants have been ordered to post a bond. As of this date, the School District has not filed a motion to dismiss for failure to post a bond.

Commissioner Ferrara asked do we need to vote on the application again?

Solicitor Herder replied yes.

MOTION as AMENDED was ADOPTED 12-3. Commissioners Kretschman, McGrath, and Zappone opposed.

Increase Zoning Hearing Board to Five Members

Commissioner Agostine made a MOTION, seconded by Commissioner Ring to advertise Ordinance #1895, increasing the Zoning Hearing Board from three to five members.

Board of Commissioners Meeting April 10, 2003

MOTION was ADOPTED 14-1. Commissioner Turco opposed.

PUBLIC SAFETY COMMITTEE:

Two-Hour Parking - 160 Roberts Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to create a two-hour parking zone at 160 Roberts Avenue.

MOTION was ADOPTED 15-0.

Permit Parking Area - 1900 Block of Guernsey Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to create a residential parking permit area in the 1900 block of Guernsey Avenue.

MOTION was ADOPTED 15-0.

No Parking Here to Corner - Fairfield Avenue

Commissioner Myers made a MOTION, seconded by Commissioner McGrath to approve the installation of one No Parking Here to Corner sign on the northwest corner of Fairfield Avenue, 30’ west of Easton Road.

MOTION was ADOPTED 15-0.

Commissioner McGrath commented the Carbon Monoxide Ordinance has been moved to the May, 2003 Board of Commissioners meeting.

PUBLIC AFFAIRS COMMITTEE:

Bid Award - Printing of Greystone Cottage Newsletter

Commissioner Wachter made a MOTION, seconded by Commissioner Gillespie to award the bid for printing of 22,000 copies of the spring, summer and fall issues of the 2003 Greystone Cottage Newsletter to Trinity Printing, the lowest responsible bidder, in the amount of $1,717 per issue ($5,151 total).

Board of Commissioners Meeting April 10, 2003

Commissioner Ferrara suggested changing the name of the Greystone Cottage Newsletter to the Abington Township News letter.

MOTION was ADOPTED 15-0.

Hillside Condemnation Costs

Commissioner Gillespie made a MOTION, seconded by Commissioner Zappone to authorize an expenditure NTE $60,000 from Contingency Acct. #01-01-002-5299 for the Hillside Cemetery condemnation matter.

MOTION was ADOPTED 15-0.

Economic Development - Resolution 03-004 - Roslyn/Montgomery County Revitalization Plan

Commissioner Wachter made a MOTION, seconded by Commissioner Gillespie to approve Resolution 03-004 authorizing the proper Township officials to make application to the Montgomery County Revitalization Grant program for the removal of overhead wires in the Roslyn business community.

MOTION was ADOPTED 15-0.

Resolution 03-004

Board of Commissioners Meeting April 10, 2003

Abington Art Center Master Plan

Commissioner Wachter made a MOTION, seconded by Commissioner Gillespie to amend the 2002 Capital Parks and Recreation Project budget, Acct. #07-24-800-7329, by reallocating $23,000 from the Baederwood Playground Equipment Update to the Abington Art Center Master Plan.

MOTION was ADOPTED 15-0.

FINANCE COMMITTEE:

Treasurer Max M. Solomon stated for the month of March, 2003, $1,273,158 was deposited into Fleet Bank, YTD $2,893,792. We collected $7,720,606 in Real Estate taxes, YTD $8,447,700.

Investments

Commissioner Luker made a MOTION, seconded by Commissioner O’Connor to approve the investments for the month of February, 2003 as previously circulated to the Board. It was noted that investments for the month totaled $479,000. Interest rates ranged from 2.25% to 5.00%.

MOTION was ADOPTED 15-0.

Expenditures/Salaries and Wages

Motion to:

Approve the February, 2003 expenditures as previously circulated to the Board, in the

amount of $2,097,243.82 and salaries and wages in the amount of $1,137,584.18.

Authorize the proper officials to sign vouchers in payment of bills and contracts as

they mature for the month of May, 2003.

Roll Call resulted in the 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 February, 2003 as previously circulated to the Board. Advances and Travel Expense Reports were $0.00 and $3,050.96, respectively. Two(2) month expenses total $3,050.96.

MOTION was ADOPTED 15-0.

Board of Commissioners Meeting April 10, 2003

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 February, 2003 as previously circulated to the Board.

Petty Cash balances were approved as per Finance Committee Report.

Clearing Fund balances were approved as per Finance Committee Report.

Clearing Fund receipts and disbursement for the month of February, 2003 were $0.00 and ($0.00), respectively.

Deferred Revenue/Expense receipts and disbursements for the month of February, 2003 were $4,822.70 and ($703.43), respectively.

MOTION was ADOPTED 15-0.

PUBLIC COMMENTS:

Larry Gelhart, 2134 Benezet Road, thanked Commissioners Turco, Carlin, and Zappone for voting against Ordinance 1889 - Fixing of Sanitary Sewer Rates.

REMARKS FROM COMMISSIONERS:

Commissioner Wachter commented during Easter and Passover we should reflect on what is going on in the world.

Commissioner Luker wished Angelo Pontelandolfo a speedy recovery.

Commissioner Turco wished everyone a Happy Holiday.

Commissioner Zappone commented a lot of his constituents did not realize that the earned income tax bill from Berkheimer was an official document. There should have been some other procedure.

Commissioner Ferrara agreed that it could have been handled better.

Commissioner Gillespie wished everyone a Happy Easter and Passover and announced that we will be having a "Support the Troops" rally on April 27, 2003 at the North Penn VFW.

Board of Commissioners Meeting April 10, 2003

Commissioner DeVore commented he appreciated the yellow ribbons that were displayed throughout the Township. The State Association of the Township Commissioners had a meeting and House Bill 1961 on radar is moving forward. He will include a summary in the packets.

Commissioner McGrath wished Angelo Pontelandolfo a quick recovery and thanked Mr. Matteo for his help. She wished everyone a Happy Holiday and wished Chief Kelly a Happy Birthday.

Commissioner Myers commented the proceeds from the yellow ribbons will go to the families of the soldiers in the Willow Grove area.

Commissioner Carlin thanked Mr. Wendell and Mr. Lahaza for their support on the Eagle Scout project.

Commissioner Kretschman announced he and his wife will be having another baby girl in August.

ADJOURNMENT: 9:05 p.m.

Respectfully submitted,

Burton T. Conway, Secretary

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