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Board of Commissioners
Meeting Minutes
Board of Commissioners Meeting - March 14,
2002
The stated meeting of the Board of Commissioners
of Abington Township was held on Thursday, March 14,
2002, 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,
KRETCHSMAN (8:15 p.m.), FERRARA
Township Manager CONWAY
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
Superintendent of Highways PONTELANDOLFO
PLEDGE OF ALLEGIANCE
PROCLAMATION: March as PAL Month -
P R O C L A M A T I O N
"PAL Month in Abington Township"
March, 2002
WHEREAS, the Abington
Township Police Department is committed to preventing
juvenile crime and violence; and
WHEREAS, Abington Township Police realize the
value of programs encompassing education, training and
resources to our children; and
Board of Commissioners Meeting March 14, 2002
WHEREAS, Abington Township Police and dedicated
Township citizens have launched the Abington Township
Police Athletic League (P.A.L.) for the purpose of
providing to our youth safe, positive, fun and rewarding
programs in a supportive environment; and
WHEREAS, P.A.L. is dependent upon volunteer
support to provide the variety of programming necessary
to guide, entertain and develop the youth of our Township;
and
NOW, THEREFORE, the Commissioners of Abington
Township do hereby proclaim March, 2002 "PAL Month
in Abington Township" and urge community-oriented
individuals and business leaders to join our dedicated
police officers in this worthwhile endeavor.
Barbara C. Ferrara, President
Board of Commissioners
February 14, 2002
COMMENDATIONS:
Mr. Conway stated Bill Sams is celebrating his retirement
after 41 years of service. Commissioner Ferrara presented
Mr. Sams with a commendation honoring his dedication
and service to the Township. David Rondinelli, President
of Town Watch, stated Mr. Sams is one of the founders
and organizers of our Town Watch program and he presented
Mr. Sams with an "Award of Gratitude" for
his service. Larry Coe, former Chairman of the Roslyn
Town Watch, presented Mr. Sams with a "Certificate
of Achievement" from the Roslyn Town Watch.
Chief Kelly honored the first member of the Founders’
Club of Abington P.A.L. and presented a commendation
to Hal and Audrey Krisbergh.
Colonel Steve Cisco Commander of the 111 Fighter Wing
at the PA Air National Guard, at the Willow Grove NAS,
stated Detective John Lyon is a member of the 111 Fighter
Wing, and also a Detective for the Abington Township
Police Department, and he asked us to honor his employer
for supporting his work with the National Guard. Colonel
Cisco presented a Certificate to the Township for their
meritorious leadership, initiative, and support for
the men and women who serve America in the National
Guard.
Police Swearings-In
Board of Commissioner Meeting March 14, 2002
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath to appoint and swear in Detectives Gregory Urban
and Michael Gallagher as probationary Police Sergeants,
effective March 15, 2002, and to swear in Tamara Brennan
as an Abington Township Police Officer.
Ken Krauchuk, 117 West Avenue, asked if the Officers
to be sworn in, read the United States Constitution?
Commissioner Ferrara replied yes they have.
MOTION was ADOPTED 15-0.
District Justice Zaffarano swore in Officer Tamara
Brennan as a Police Officer of Abington Township. Detectives
Michael Gallagher and Gregory Urban were sworn in as
probationary Sergeants.
APPOINTMENTS:
Commissioner Ferrara announced the appointment of Kenneth
Mock as Per Diem Union voting member of the Abington
Township Pension Board.
Commissioner Ferrara opened nominations for an appointment
for a vacancy to the Environmental Advisory Council.
Commissioner Wachter nominated Michele Kaczalek.
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine to close the nominations.
Michele Kaczalek was appointed unanimously.
SOLICITOR COMPENSATION:
Commissioner Ferrara made a MOTION, seconded by Commissioner
Ring to set the annual retainer of the Solicitor at
$98,000, payable in monthly installments of $8,166.66
for the period January 1, 2002 to December 31, 2003.
This retainer will cover attendance at meetings of the
Board of Commissioners and the Code Enforcement Committee
and all legal work, including litigation, customarily
performed by the office of the Solicitor.
MOTION was ADOPTED 15-0.
PUBLIC WORKS COMMITTEE
Bids - Ready Mix Concrete
Board of Commissioners Meeting March 14, 2002
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to accept the lowest responsible bid and enter
into a contract with Delaware Valley Concrete Company,
Inc., in the amount of $15,652, for the purchase of
Ready Mix Concrete, as per bid specifications.
MOTION was ADOPTED 15-0.
Bids - Bituminous Concrete (Blacktop)
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to accept the lowest responsible bid and enter
into a contract with Eureka Stone Quarry for: (1) ID-2
top and cold patch, delivered, in the amount of $396,000;
and (2) ID-2 top and base, picked up, in the amount
of $17,050.
MOTION was ADOPTED 15-0.
Bid Award - Grit Disposal
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to accept the lowest responsible bid and enter
into a one-year contract, beginning April 1, 2002, with
Waste Management of PA, Inc. for grit disposal in the
amount of $85 per ton, to be paid from Sewer Fund Account
#02-10-200-5305.
MOTION was ADOPTED 15-0.
Bid Award - Sewer Line Root Treatment
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to award the Sewer Line Root Control contract to
the lowest responsible bidder, Duke’s Sales and
Service, Inc. of Syracuse, NY, in the amount of $1.49
per foot of pipe, for a total contract price of $16,390,
with funds to be drawn from Account #02-10-205-5305.
MOTION was ADOPTED 15-0.
Bid Award - One 35-Cu.-Yd. Recycling Vehicle
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to accept the lowest responsible bid and enter
into a contract with Freedom International Trucks, Inc.,
Board of Commissioners Meeting March 14, 2002
in the amount of $112,986, as per bid specifications,
for one 35-cu.-yd. side-loading recycling vehicle.
MOTION was ADOPTED 15-0.
Police/Board Room Air Conditioners
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to approve final payment to Michael Wink Plumbing,
Heating and Air Conditioning, Inc., in the amount of
$23,170 for the Police and Board Room air conditioners
and related ductwork.
MOTION was ADOPTED 15-0.
Assignment of Upper Dublin Wastewater Treatment
Agreements
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to approve the Agreement and Consent presented
by Upper Dublin Township, assigning its rights and obligations
under all existing wastewater treatment agreements to
Bucks County Water and Sewer Authority.
MOTION was ADOPTED 15-0.
12-Plus Project - Baeder Road Culvert
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to approve N. Abbonizio, Inc.’s proposal,
as amendment #7 to their contract, in the amount of
$89,250 for relocation of a sanitary sewer main. Amount
to be transferred into Account #17-07-566-7002 from
Unallocated Sewer Capital Retained Earnings.
MOTION was ADOPTED 15-0.
Rights-of Way Agreements - Contract 126 - Sanitary
Sewer Project
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to approve BCM’s proposal in the amount of
$98,500 for preparing right-of way plans and descriptions
for the sanitary sewer project. Amount to be transferred
into Account #17-07-898-7001 from Unallocated Sewer
Capital Retained Earnings.
MOTION was ADOPTED 15-0.
Board of Commissioners Meeting March 14, 2002
PUBLIC HEARING – Roslyn Revitalization Plan
Commissioner Ferrara opened the Public Hearing at 8:40
p.m. for approval of Resolution 02-007, adopting the
Roslyn Revitalization Plan, and Resolution 02-008, authorizing
the
proper Township officials to submit an implementation
grant application to the County for the Plan.
Mr. Lahaza stated the Economic Development Committee
has been working on this plan. The plan consists of
nine major improvement recommendations and some smaller
recommendations. The EDC prioritized the projects.
Commissioner Ferrara asked for any comments from the
Commissioners.
Commissioner Carlin asked Mr. Lahaza are we prioritizing
the projects tonight, or just adopting the plan?
Mr. Lahaza replied the Board could set the priorities,
if they wish. The EDC has prioritized the projects with
the amount of funding that is available. We need to
get our applications to the County Review Board, which
meets on April 15, 2002.
Commissioner Ferrara asked for any comments from the
public in favor of these Resolutions.
Nick Della Guardia, owner of three buildings located
at 1334, 1342, and 1352 Easton Road. He sent out a petition
to the majority of the business owners along the strip
between Pershing Avenue and Woodland Road. We would
like to open up an easement behind the business properties
for parking. We would like to see fences and trees removed
that block entrances/exits, and the telephones poles
removed, and put behind the business properties.
Mr. Lahaza stated those issues are contained in the
initial priorities for this year.
There were no comments from the public in opposition.
Commissioner Ferrara made a MOTION, seconded by Commissioner
Gross to close the Public Hearing for Resolutions 02-007
and 02-008 at 8:45 p.m.
MOTION was PASSED 15-0.
Commissioner Ferrara made a MOTION, seconded by Commissioner
Gross to approve Resolutions 02-007- and 02-008 as listed.
MOTION was ADOPTED 15-0.
Hazard Mitigation Program - 595 Baeder Road
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to accept Federal and State funding for the acquisition
and demolition of 595 Baeder Road and to appropriate
$8,100 (3% match requirement) from the 2002 Contingency
Fund.
Commissioner DeVore stated the owners of 595 Baeder
Road, Mr. and Mrs. Kirschen could not be here this evening.
This will begin the process, but this might not result
in the sale of the home. They want to investigate this
process further.
MOTION was ADOPTED 15-0.
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to designate Burton T. Conway, Township Manager,
as the Township’s Agent for this project.
MOTION was ADOPTED 15-0.
2002 Road Overlay Program
Commissioner Gross made a MOTION, seconded by Commissioner
Ring to approve the 2002 Road Overlay program for the
streets listed in the attached document.
MOTION was ADOPTED 15-0.
Commissioner Gross asked the Commissioners for an on-site
special workshop meeting at the Sandy Run Creek at Grove
Park, April 23, 2002 at 6:00 p.m.
CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE
PUBLIC HEARING – Ordinance #1870 Zoning Ordinance
Amendment Regulations for Sexually Oriented Businesses
Commissioner Ferrara opened the Public Hearing for
Ordinance #1870 at 8:50 p.m., amending the Zoning Ordinance
of Abington Township by prescribing definitions of sexually
oriented businesses; by dispersing sexually oriented
businesses and limiting them to specified zoning districts;
providing for licensing and regulation of sexually oriented
businesses and employees; and providing for additional
miscellaneous regulations for sexually oriented businesses.
There were no comments from the Commissioners.
Commissioner Ferrara asked for comments from the public
in favor of this ordinance.
Victor Kreviens, 840 Maple Avenue, stated he would
like some modifications made, such as: a requirement
to have locked trashcans outside of the building, to
be restricted from
sending out occupant/resident mailings, and if taxes
are owed to the State, County, and Local government,
to add the Federal government.
Solicitor Herder replied we have no relationship to
the Federal government.
Victor Kreviens stated another modification would be
to restrict anyone from being considered scantily clad,
like a woman in a bikini standing on Easton Road holding
up signs.
Solicitor Herder stated he feels the locked trashcans
would be a good idea. He will incorporate that into
the Ordinance. It will require an advertisement that
we have adopted the Ordinance with that change. He will
prepare the amendment to the Ordinance and the advertisement.
Commissioner Carlin asked Mr. Herder regarding the
locked trashcans; this is a model Ordinance and has
been through the Court system, are we going outside
of that strategy?
Solicitor Herder replied there is a provision in the
Ordinance that is called a severability clause and it
states that if any one provision, clause, or section
of the Ordinance is found to be invalid by any Court,
the remainder of the Ordinance still stands.
Commissioner Carlin asked would we be able to pass
the Ordinance tonight?
Solicitor Herder replied yes. When a hearing is opened
on an Ordinance and there are minor amendments proposed,
they can be incorporated and a vote to adopt the Ordinance
taken and then the Ordinance is in effect. The law requires
that within ten days after adopting the Ordinance, an
advertisement must be run in the newspaper that the
Ordinance was adopted with the following amendments.
Commissioner Kretschman asked is there any way to regulate
the temporary signage display?
Solicitor Herder replied no. If any business had a
scantily clad model in front of their business, it would
be legal under our present Ordinances.
Ernie Gibbons, Willow Grove asked why wasn’t this
type of business limited to the industrial zoning area?
Commissioner Ferrara replied our industrial zoned area
is mixed with residential homes and we didn’t want
to impose this kind of business on them.
Commissioner Ferrara made a MOTION, seconded by Commissioner
Agostine to close the Public Hearing for Ordinance #1870
at 9:00 a.m.
MOTION was PASSED 15-0.
Commissioner Ferrara made a MOTION, seconded by Commissioner
Agostine to adopt Ordinance #1870 as listed.
MOTION was ADOPTED 15-0.
THE FULL TEXT OF ORDINANCE #1870 IS AVAILABLE IN
THE OFFICE OF THE TOWNSHIP MANAGER.
PUBLIC SAFETY COMMITTEE
Juvenile Accountability Incentive Block Grant –
Year 4
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath to authorize Township officials to accept a
grant award from the PCCD in the amount of $14,653.
Grant requires a 10% match of $1,629. CAPT will donate
$734, and $895 will come from Police Operating/Overtime
Funds, Acct. #01-04-044-5045.
MOTION was ADOPTED 15-0.
Handicapped Parking – 660 Jackson Avenue
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath to approve the installation of one HANDICAPPED
PARKING sign in front of the property at 660 Jackson
Avenue.
MOTION was ADOPTED 15-0.
PUBLIC AFFAIRS COMMITTEE:
Roslyn Park Master Plan – Contract for Professional
Services
Commissioner Wachter made a MOTION, seconded by Commissioner
Luker to approve the acceptance of a master plan for
the renovation of Roslyn Park as submitted by Lord,
Anderson, Worrell & Barnett, Inc. in the amount
of $5,700.
MOTION was ADOPTED 15-0.
Scout Day – March 27th
Commissioner Ferrara appointed Commissioner Gillespie
as chairperson for Scout Day in Abington Township on
Wednesday, March 27th, 2002.
FINANCE COMMITTEE
Treasurer’s Report
Township Treasurer Max M. Solomon reported for the
month February, 2002, we deposited $711,730. YTD we
deposited $1,440,258. We collected almost $1 million
in Real Estate Taxes in February. He compared the department’s
receipts for the years 2000 and 2001. For the year 2001,
we collected $16 million, which is $632,000 more than
2000. The School Board honored two members of our staff,
Kathy Sumner and Kathy Reynolds for ten years of service
in the Tax Office.
Investments
Commissioner Luker made a MOTION, seconded by Commissioner
Turco to approve the investments for the month of January,
2002 as previously circulated to the Board. It was noted
that investments for the month totaled $1,999,000. Interest
rates ranged from 2.663% to 4.750%.
MOTION was ADOPTED 15-0.
Expenditures/Salaries and Wages
Commissioner Luker made a MOTION, seconded by Commissioner
Turco, to:
Approve the January, 2002 expenditures as previously
circulated to the Board, in the amount of $1,355,578.88
and salaries and wages in the amount of $1,585,546.18;
and
Authorize the proper officials to sign vouchers
in payment of bills and contracts as they mature
for the month of April, 2002.
Board of Commissioners Meeting March 14, 2002
Roll Call resulted in the MOTION being PASSED 15-0.
Training and Conference Expenses
Commissioner Luker made a MOTION, seconded by Commissioner
Turco to approve the Advance and Travel Expense activity
for January, 2002 as previously circulated to the Board.
Advances and Travel Expense Reports were $0.00 and $0.00,
respectively. One (1) month YTD expenses total $0.00*
MOTION was ADOPTED 15-0.
Clearing Fund/Deferred Revenue and Expense/Petty
Cash
Commissioner Luker made a MOTION, seconded by Commissioner
Turco to approve the Clearing Fund, and deferred revenue/expense
activity and petty cash balances for the month of January,
2002 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 January, 2002 were $0.00 and ($1.43), respectively.
Deferred Revenue/Expense receipts and disbursements
for the month of January, 2002 were $13,360.50 and ($3,234.36),
respectively.
*Travel expense reports received in January for December
activity totaled $766.05 bringing 2001’s total
training and conference expenses to $33,803.07.
MOTION was ADOPTED 15-0.
Contract Amendment – Bee, Bergvall & Co.,
P.C.
Commissioner Luker made a MOTION, seconded by Commissioner
Turco to approve amendment of current audit contract
with Bee, Bergvall & Co., P.C. for additional audit
work needed for GASB 34 compliance. Additional annual
costs not to exceed $3,500.
MOTION was ADOPTED 15-0.
GASB 34 Implementation Cost
Commissioner Luker made a MOTION, seconded by Commissioner
Ring to approve a one-time cost, not to exceed $8,500,
to Bee, Bergvall & Co., P.C. (audit firm) for implementation
costs of GASB 34 compliance.
MOTION was ADOPTED 15-0.
GASB 34 Audit Guidelines
Commissioner Luker made a MOTION, seconded by Commissioner
Turco to approve the following audit guidelines for
GASB 34 implementation: (1) Depreciation Method –
Straight Line; (2) Capitalization Level - $10,000; (3)
Approach to Recording Infrastructure – Depreciation;
(4) Major Fund designation - General, Sewer Operations,
Sewer Capital, and Permanent Improvement.
Commissioner Turco asked how much does this increase
the audit?
Ms. Matiza replied it would be a one-time cost of $8500
and an extra $3500 annually.
MOTION was ADOPTED 15-0.
PUBLIC COMMENTS:
Ken Krawchuk, 117 West Avenue, asked Commissioner Ferrara
how does she know the Police Officers have read the
United States Constitution?
Commissioner Ferrara stated the question is insulting
and we have the finest Police Force.
Commissioner DeVore stated to Mr. Krawchuk to call
the Community College Municipal Police Training Program
and they will provide a curriculum.
Charles Stock, 1345 Old Ford Road, stated he does not
have any water and we are pulling sand out of our wells.
We would like to hook into the public water system and
we need support from the Township.
Mr. Conway stated he spoke with Steve Taggert, Philadelphia
Suburban Water Company, and they will have a cost estimate
by tomorrow to run a line into that area to provide
water.
Pinhas Malka, 1325 Old Ford Road, asked for a blanket
easement to run the water on his property. We need to
get this up and running as soon as possible; we don’t
have any water. We would ask if the permit fees could
be waived.
Mr. Powers stated that you have the right to grant
your own easement on your property.
The Township cannot grant an easement for private homeowners.
Commissioner Ferrara stated the Board would appoint
Mr. Conway and Solicitor Herder to handle this issue
with the PSW, to move on this as quickly as possible.
REMARKS FROM COMMISSIONERS
Commissioner Wachter remarked Lower Moreland Township
is considering an earned income tax.
Commissioner Ring noted the passing of Dick Kinard
this week. He was a former Commissioner of Ward 10,
fought in the Battle of the Bulge and remained active
in civic and church causes all his life.
Commissioner Gross remarked he would like to credit
the Economic Development Committee on the construction
work on Rydal Road and the Fairway. He gave birthday
greetings to Treasurer Max Solomon.
Commissioner Gillespie suggested looking at how we
control the water flow in the Township.
Commissioner Carlin stated he would like clarification
about a letter regarding the Abington Memorial Hospital
expansion project.
ADJOURNMENT: 9:30 p.m.
Respectfully submitted,
Burton T. Conway, Secretary
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