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Board of Commissioners
Meeting Minutes
Board of Commissioners Meeting - March 10, 2005
.
Board of Commissioners Meeting
March 10, 2005
The stated meeting of the Board of
Commissioners of the
Township
of
Abington
was held on
Thursday, March 10, 2005
at the
Township
Administration
Building
,
Abington
,
PA.
, with Commissioner Gross presiding.
CALL
TO ORDER:
8:00 p.m.
ROLL
CALL:
Present: Commissioners AGOSTINE, MYERS,
WACHTER, DIJOSEPH, TURCO, ZAPPONE,
CARLIN, O’CONNOR, LUKER, MCGRATH,
LYNOTT, GILLESPIE, RING, GROSS
Excused: WEILHEIMER
Township Manager CONWAY
Assistant
Township
Manager LAHAZA
Chief of Police KELLY
Township Engineer POWERS
Finance Director MATIZA
Director of Parks & Recreation WENDELL
Director of Code Enforcement MATTEO
Planning & Zoning Official PENECALE
Director of Public Works MICCIOLO
Superintendent of W.W.T. P. LEBER
PLEDGE
OF ALLEGIANCE
ANNOUNCEMENT:
Commissioner Gross announced that
an Executive Session was held on Wednesday, March 2,
2005 to discuss potential Real Estate acquisition.
APPROVAL
OF MINUTES:
Commissioner Ring made a MOTION,
seconded by Commissioner Carlin to approve the minutes
of the Board of Commissioners meeting of February 10,
2005.
MOTION was ADOPTED 14-0.
PUBLIC
WORKS COMMITTEE:
Board of Commissioners Meeting
March 10, 2005
PUBLIC HEARING – Ordinance No.
1923 - $10,800,000 in Non-Electoral Debt of General
Obligation Bonds – Series 2005
Commissioner Gross made a MOTION,
seconded by Commissioner Wachter to adopt Ordinance No.
1923 - $10,800,000 in Non-Electoral Debt of General
Obligation Bonds –Series 2005.
Mr. Conway stated this public
hearing is for the proposed $10.8 million Bond Ordinance
to fund the following capital projects:
- $3.46
million for drainage improvements at 22 locations
throughout the Township.
- $6.6
million for replacement of old sewer lines in the
Ardsley area.
- $740,000
for the Township’s 20% match for County Open Space
Grant ($2.955 million).
The municipal and sewer projects
will be funded over ten years and fifteen years
respectively.
Commissioner Gross asked for any
public comments in favor of this ordinance. There were
none.
Commissioner Gross asked for any
public comments in disfavor of this ordinance. There
were none.
Commissioner Gross asked for any
comments from the Commissioners.
Commissioner Wachter commented
Abington
Township
hires a special consultant, bond counsel, and public
bids are taken as compared to the way certain large
cities handles these matters. He appreciates how it is
handled in our Township.
Ms. Matiza stated Rick Troncelliti,
our Bond Counsel member is present this evening.
Manrico Troncelliti, Attorney of
McTighe, Weiss, O’Rourke, Troncelliti & Morgan,
P.C. 11 East Airy Street,
Norristown
, PA., stated this ordinance authorizes the incurring of
debt of $10.8 million. The debt will be purchased in its
entirety by the selected underwriter PNC Capital
Markets. They will present a purchase contract to the
Township for a signature, if the ordinance is adopted,
authorizing the purchase of bonds for $10,749,505.60,
which represents 99.53% of the par value or face value
of the bonds. It concludes an underwriter discount of
$42,660, and original issue discount of $7,834.40.
Board of Commissioners Meeting
March 10, 2005
The total interest of the life of
the bonds, which is 13 years, is $4,699,571.48, and the
net interest rates on those bonds are 4.162%.
Commissioner Turco asked when are
the bonds callable?
Mr. Troncelliti replied there is a
five-year call period on these bonds. Anytime after
April 15, 2010 they may be called in the event that is
advantageous to refinance them or pay them off.
Commissioner Gross made a MOTION,
seconded by Commissioner Agostine to close the Public
Hearing.
MOTION was ADOPTED 14-0. The
Hearing was closed at 8:05 p.m.
Roll Call vote resulted in motion
being unanimously passed 14-0.
Ordinance 1923
Board of Commissioners Meeting
March 10, 2005
Bid Award for Ready Mix Concrete
Commissioner Wachter made a MOTION,
seconded by Commissioner Zappone to reject all bids.
MOTION was ADOPTED 14-0.
Bid Award for Bituminous
Concrete (Black Top)
Commissioner Wachter made a MOTION,
seconded by Commissioner Zappone to enter into a
contract with Hanson Aggregates BMC, the lowest
responsible bidder for Part I in the amount of
$484,750.00 and Part II in the amount of $20,970.00, as
per bid specifications.
MOTION was ADOPTED 14-0.
Grant Application – Composting
Infrastructure Development Grant
Commissioner Wachter made a MOTION,
seconded by Commissioner Zappone to authorize proper
Township officials to apply for a Composting
Infrastructure Development Grant in the amount of
$75,000.00 for composting equipment.
MOTION was ADOPTED 14-0.
Disposition/Destruction of
Township Records
Commissioner Wachter made a MOTION,
seconded by Commissioner Zappone to authorize the
disposal/destruction of Township Records (see attached)
stored in the Highway Yard building over the lunch room.
MOTION was ADOPTED 14-0.
Engineering Proposal
Commissioner Wachter made a MOTION,
seconded by Commissioner Zappone to accept the proposal
from BCM Engineers at a fee not to exceed $130,250.00;
from Carrol Engineers at a fee not to exceed $75,606.00;
and from Gilmore Engineers at a fee not to exceed
$111,313.50; to be funded from Fund Balance that will be
reimbursed from 2005 Bond Issue.
MOTION was ADOPTED 14-0.
Board of Commissioners Meeting
March 10, 2005
2005 Road Overlay Program
Commissioner Wachter made a MOTION,
seconded by Commissioner Zappone to approve the 2005
Road Overlay Program for the streets listed in the
attached document and to supplement Highway Aid Funding
with $70,000 from Fund Balance.
MOTION was ADOPTED 14-0.
Bid Award, Contract 129 –
Anaerobic Digester Upgrade
Commissioner Wachter made a MOTION,
seconded by Commissioner Zappone to accept the lowest
responsible bid and enter into an agreement with Klipper
Construction Associates, Inc. for work under Contract
129 in the amount of $1,434,000.00 and to allocate
$584,705.00 from Sewer Operating Fund Retained Earnings
to fund Contract 129. The remainder is to be funded as
follows: $338,738.00 from Sewer Operating Account
#02-00-000-7351, transfer $134,450.00 from 2002 Bond
Issue Collection System Evaluation to 2002 Bond Issue
Digester Cover project and apply $510,557.00 from the
2002 Bond Issue.
MOTION was ADOPTED 14-0.
Engineering Design and Contract
Management – Anaerobic Digester Upgrade
Commissioner Wachter made a MOTION,
seconded by Commissioner Zappone to authorize CET
Engineering to provide construction management services
at engineering costs in the amount of $41,289.57, to be
funded from Sewer Operating Retained Earnings.
MOTION was ADOPTED 14-0.
Resolution No. 05-006 – (DCED)
Department of Community and Economic Development
Commissioner Wachter made a MOTION,
seconded by Commissioner Zappone to approve Resolution
No. 05-006 authorizing
Abington
Township
as applicant to buy one (1) house with funds from DCED.
MOTION was ADOPTED 14-0.
Resolution 05-006
Board of Commissioners Meeting
March 10, 2005
CODE
ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE:
Public Hearing – Ordinance No.
1920 – An Ordinance to amend the zoning ordinance of
the
Township
of
Abington
, by establishing the NR Neighborhood Residential
District.
Commissioner Agostine stated a
public hearing has been advertised for Ordinances 1920
and 1921. Since the advertisement appeared and the
Montgomery County Planning Commission reviewed the
proposed ordinances, a number of changes have been made
to Ordinance 1920. She moved that the hearing on the
proposed ordinances not be held this evening. The
Hearing should be re-advertised for April 14, 2005, and
that the proposed ordinances are re-submitted to the
Township and the MCPC, and the proposed Ordinance 1920
is presented this evening for discussion only, seconded
by Commissioner DiJoseph.
Commissioner Carlin asked is there
a timetable with the MCPC?
Mr. Penecale replied they have
30-days from the date of submission.
Commissioner Carlin asked when will
it be submitted?
Mr. Penecale replied tomorrow
providing there are no other amendments. In March, 2004
a plan was forwarded to the MCPC on behalf of the
Susquehanna Investment Company for the proposed
development of 84 new single-family dwellings and one
existing dwelling for a total of 85 on the property
known as Rydal Waters. In a letter dated May 7, 2004 the
MCPC commented that the Township should take greater
care in the development of this site such as a better
circulation, layout of the dwellings, the preservation
of open space, and the existing natural resources on the
site. In addition, the MCPC identified several other
areas of concern such as a secondary means of
ingress/egress to the site, the impact to Brook
and Huntingdon Roads, and the overall appearance of the
development.
In June, 2004 a meeting was held
between the MCPC and the applicant to discuss their
comments. The MCPC offered to develop a series of
alternative plans that the developer could bring back to
the Township for review.
In August, 2004 that series of
alternative designs were presented to the applicant. The
Township was not involved in that meeting. Present at
that meeting were members of the MCPC and several
members of the applicant’s design team. The Township
was told the meeting was productive and ended with the
applicant’s promise to explore one of the alternative
development plans. During that time, the Township was
involved in meetings with the residents of Brook and
Huntingdon Roads and members of the applicant’s design
team. The purpose was to discuss the concerns of the
immediate residents. Those issues
Board of Commissioners Meeting
March 10, 2005
were access to the site, the use of
Brook Road
, some additional buffering, and the required open space
and where it would be located.
On September 9, 2004, the Board of
Commissioners granted preliminary plan approval to the
applicant for the development of 85 new single family
homes with two conditions: 1. The final plan will
incorporate the MCPC’s comments. 2. The Township
entertains a motion to rezone the property to allow for
one of the two alternative plans to be developed. The
recommendation from staff also included that the
applicant gain direct access to Old York Road, limit the
access to Brook Road, provide the secondary means of
ingress/egress for the fire companies, and some form of
overflow parking.
In October, 2004 we entered into a
draft of Ordinances 1920 and 1921. They were forwarded
to the MCPC in November, 2004. In January, 2005 the MCPC
issued a staff review letter on the proposed drafts of
the two new ordinances. Their concerns were the naming
of the district as the R-5, the Township failed to put
in any density limitation language, and that the
Township look at the open space requirement and the
buffering language and increase it. They recommended
that the drafts of Ordinances 1920 and 1921 be approved
providing their issues were addressed. We have worked on
revising Ordinances 1920 and 1921 to address the
MCPC’s concerns and the concerns of the residents of
Brook and Huntingdon Roads.
He presented a power point
presentation on the proposed zoning change of the
Neighborhood Residential District (NR), and copies were
given to the Board.
Commissioner O’Connor referred to
Ordinance 1920, Section 305.1 – Purpose – “The
purpose and intent of the NR Neighborhood Residential
District is to provide locations for medium density
single family detached residential land use in areas of
the Township which have been previously zoned in total
or in part for higher density residential or higher
density non-residential uses.” Would a Community
Service District apply?
Mr. Penecale replied a Community
Service District does not allow residential uses as a
use by right. A CS District allows for uses such as
hospitals, churches, etc.
Commissioner O’Connor asked are
hospitals considered high density?
Mr. Penecale replied no, because
the density calculation refers to residential
development not commercial development.
Commissioner O’Connor asked if
someone wants to change their community service zoned
parcel to NR, would it be allowed?
Board of Commissioners Meeting
March 10, 2005
Mr. Penecale replied they would
have to go through a rezoning of the parcel and a map
amendment. Any property can be rezoned.
Commissioner Agostine stated we
have many zoning districts and anyone can request a
zoning change for their parcel, but it is at the sole
discretion of this Board.
Commissioner Carlin asked for
clarification on why the Village Residential ordinance
mentioned six wards and six different locations.
Commissioner Agostine replied when
we gave preliminary approval to the plan, we knew based
on the conditions, we had to do some rezoning. At the
time we considered rezoning the entire parcel AO or do
something else. She sent a memo to the Board of
Commissioners asking for their input on creating an AO 2
District that would be less intense. She never received
a response so she focused on getting a better plan for
the Rydal Waters development.
Commissioner Carlin stated the
“Purpose Section” states, “The purpose and intent
of the NR Neighborhood Residential District is to
provide locations for medium density single family
detached residential land use in areas in the Township
which have been previously zoned – in total or in part
– for higher density residential or higher density
non-residential uses.” Does this overlay any other
districts?
Mr. Penecale replied it is not an
overlay.
Commissioner Carlin asked is this
the only parcel that meets the “Purpose Section”
definition?
Mr. Penecale replied it is the only
parcel that we wish to apply it to.
Commissioner Carlin asked does this
ordinance conform to our Comprehensive Plan?
Mr. Penecale replied yes. The
Comprehensive Plan says there is a limited amount of
property available for development. We should be careful
on how we develop it. He feels that is what we are
doing.
Commissioner Agostine read a
statement from Commissioner Weilheimer regarding this
ordinance in her absence. “In response to inquiries by
some of her fellow Commissioners regarding the NR
Ordinance proposal, please be advised that I am
comfortable that the language used in this ordinance
will not enable it to affect the large properties that
currently exist in Ward 1.” The definition for the
arterial highway was the request of Commissioner
Weilheimer.
Board of Commissioners Meeting
March 10, 2005
Commissioner Gross stated the
revised version of Ordinance 1920 will be reviewed by
the MCPC and the Abington Township Planning Commission.
We will then have a public hearing on April 14, 2005 to
discuss their comments.
Commissioner Turco asked would a
club house on this site take up too much property?
Mr. Penecale replied no, the
coverage percentage stays the same.
Commissioner O’Connor stated
there are two or three parcels in Ward 3 that this
ordinance could apply to. If this ordinance is designed
specifically for this parcel, isn’t that spot zoning?
Commissioner Agostine replied no,
because it does not incur rights to the developer that
he doesn’t currently have.
Mr. Conway stated “spot zoning”
in terms of an illegal concept is where we would change
the zoning to benefit the property owner. In this
particular case, it is not spot zoning because as a
result of this rezoning there is no benefit that accrues
to the property owner. The benefit is for the Township
and the neighbors.
Commissioner Agostine stated Mr.
Matteo, Solicitor Herder, and she had many meetings with
her residents. When they saw there was no buffer between
their property line and the new homes they were upset.
They wanted the houses moved, and we explained it is not
possible except with a zoning change. They asked for a
zoning change and she explained the Board does not
entertain a zoning change lightly.
Commissioner Lynott stated he has a
lot of respect for the hard work and ingenuity that
Commissioner Agostine and staff have put into this
project. He feels 84 homes on this property will be a
black eye for the Township. He has tried to find a legal
definition for “spot zoning.” We are proposing that
Abington
Township
’s zoning ordinance be amended to expedite the
development of a
single piece of property, and that is the sole purpose
for creating this amendment. That seems to be a legal
precedent.
Mr. Penecale stated this is a
longer more drawn out process. The alternative would be
to go the ZHB and attempt to obtain a variance. Staff
felt it was better to present this to the Board of
Commissioners than to take an application of this nature
to the ZHB for a variance to relocate the open space and
change the setbacks. We have discussed spot zoning on
many occasions with Solicitor Herder. If we give the
applicant rights to development that ground that he did
not have now, that is spot zoning.
Commissioner Lynott stated maybe
there is some sort of legal precedent for amending a
zoning ordinance aimed at expediting a single
development.
Board of Commissioners Meeting
March 10, 2005
Commissioner Gross stated we are
voting to re-advertise this ordinance this evening so
the MCPC and the Abington Township Planning Commission
can review it again.
Stan Brubaker,
942 Brown Avenue
, asked to be heard on this matter.
Commissioner Agostine stated this
is out of order. We have an ordinance to consider
re-advertising, and we will have a public hearing next
month. He can go before the Abington Township Planning
Commission meeting and offer his comments, and if they
feel it should be presented to the Board; we will
discuss it then.
Commissioner Turco stated Mr.
Brubaker may comment on the re-advertising of this
ordinance.
Mr. Burbaker stated his suggestions
may help expedite this process. He suggested revising
the language to state, “That this proposed ordinance
will be applied to this particular piece of property
noted as Rydal Waters” rather than “applying to such
parcel or parcels where the elimination of
non-residential uses is appropriate.” That gives the
implication that this ordinance will be applied to other
properties. What is the harm of changing the minimum lot
requirements to 7,500 sq. ft?
Commissioner Agostine stated she
posed that question to our Planning Consultant, Mr.
Rieker, and he said it was inappropriate to put that
language in the ordinance. The way to define it is with
the map amendment. If we were to change the minimum lot
requirements to 7,500 sq. ft. then it would render it
useless for the Rydal Waters development because this
developer has preliminary plan approval, and according
to the MPC Section 508.4.I: “The preliminary plan
approval vests the developer to do everything that is in
that plan.”
MOTION to re-advertise Ordinances
1920 and 1921 for a public hearing to be held on April
14, 2005 passed 14-0.
Subdivision/Land Development
Plan LS-05-02 – Dratax Montgomery
Inc. –
1908 Roberts Road
Commissioner Agostine made a
MOTION, seconded by Commissioner DiJoseph to approve the
subdivision and land development plan of Dratax
Montgomery, Inc., as prepared by John H. Leapson,
Registered Professional Engineer, dated December 21,
2004. The applicant proposes to subdivide the existing
10.91 acres into 10 lots. Each lot will contain a new
single-family dwelling. The lots range in size from 0.69
acres to 1.29 acres in lot area. The applicant proposes
a new cul-de-sac street known as
Laurel Hill Lane
. The applicant proposes the installation of
streetlights, street trees, fire protection emergency
access road and a fully compliant storm water management
system. The
Board of Commissioners Meeting
March 10, 2005
property is located at
1908 Roberts Road
, zoned in the (R-1) Residential District in Ward No. 1
of the
Township
of
Abington
.
This motion is subject to the
following conditions:
1.
The applicant will be required to install
two fire hydrants on the proposed new
street.
The water supply for the new fire hydrants will be
required to be looped from
Roberts Road
to
Deer Run Road
.
2.
The fire access lane will connect the
proposed new street and
Deer Run Road
.
Additionally,
this access lane will be installed as conditioned by the
Zoning Hearing Board decision. (As
requested by Fire Marshal Ken Clark, the design for the
emergency access road to the above referenced
subdivision shall conform to the Township Engineer’s
specification:
a.
The
shape of the access road will be in the form of a
“V” at a cross
slope of a ¼” per foot.
This motion is subject to the
following waivers:
- Waiver
from Section 146-11(A) – Property Identification
Plan.
- Waiver
from Section 146-11(B) – Existing Features Plan.
- Waiver
from Section 146-24.4 – Right-of-way and paving
width.
- Waiver
from Section 146-27 – Sidewalks.
- Waiver
from Section 146-38 – Street Lighting Fixtures.
- Waiver
from Section 146—39 – Length of Cul-de-sac.
- Waiver
from Section 146-39 – Shade Trees – The
applicant has requested a waiver from the
requirement of the Ordinance to plant shade trees along
the frontages of the proposed new lots. Three shade trees will be required to be planted on each lot.
Commissioner Agostine read a
statement from Commissioner Weilheimer into the record.
“I will not be present at tonight’s Board of
Commissioners meeting as I am away on a previously
scheduled family vacation. Although there is no
mechanism to allow me to vote via proxy, I would
appreciate the Board taking my views into consideration
when voting upon the land development plan for the Kol
Ami property.
As I mentioned at the Code
Enforcement meeting, I have met with all of the
interested adjoining neighbors to the Kol Ami property
and the interested neighbors fully support and had input
into the Dratch plan, which is presented tonight.
The wrinkle in the plan’s
approval related to the practicability in creating the
emergency access road mandated by the Fire Marshal. It
is my understanding that a revised
Board of Commissioners Meeting
March 10, 2005
emergency access plan has been
submitted and approved by Mike Powers, Larry Matteo, and
Ken Clark. Provided you are satisfied that the condition
of an emergency access road
will be met, I ask you to approve
this plan presented by the Dratch group for the Kol Ami
property as it is what the residents’ desire.”
Commissioner Carlin asked for an
update on the fire access road.
Commissioner Turco stated at the
Code Enforcement Committee meeting this plan was to be
sent to the full Board without a recommendation. Why is
there a motion to approve this evening?
Commissioner Ring replied any
member can make a motion and then discuss whether that
condition was met.
Commissioner
Turco stated we were supposed to receive this in our
packet before tonight’s meeting.
Mr. Conway stated the committee’s
direction was that the issue of the access road be
worked out, and it has been done.
Mr. Matteo stated on March 7, 2005,
the new plan came in showing the grade changes to
accommodate any emergency vehicle. Mr. Powers reviewed
this plan along with Ken Clark, and our Code Enforcement
staff.
Commissioner Turco stated we are
going to vote on it without having a chance to look at
it.
Mr. Matteo stated the new plan
shows the re-grading of the fire access road from a 19%
slope to 13.7% to accommodate emergency vehicles.
Commissioner Zappone asked is the
Township responsible for maintaining the
Belgium
block curbing along the roadway?
Mr. Powers replied the homeowner is
responsible not the Township.
Commissioner Zappone asked if our
plow truck hits and damages the
Belgium
block curbing, who will replace it?
Mr. Powers replied the homeowner.
Commissioner Zappone asked have all
of the resident’s concerns been addressed?
Board of Commissioners Meeting
March 10, 2005
Mr. Matteo replied yes.
Commissioner Agostine commented it
is clearly stated in Commissioner Weilheimer’s
statement.
Commissioner Carlin commented he
would like to have seen a Synagogue, and he suggested
reviewing the Shade Tree Ordinance to see whether it is
up-to-date.
Commissioner Agostine stated shade
trees are required to be planted as listed in waiver
number seven.
MOTION was ADOPTED 13-1.
Commissioner Zappone opposed.
PUBLIC
SAFETY COMMITTEE:
Second Alarmer’s Lease
Agreement
Commissioner Myers made a MOTION,
seconded by Commissioner McGrath to authorize Lease
Agreement with Second Alarmer’s for use of property at
876 Jenkintown Road
; and extension of Service Agreement to 2025 contingent
upon completion of new facility.
MOTION was ADOPTED 14-0.
PAL Grant
Commissioner Myers made a MOTION,
seconded by Commissioner McGrath to authorize Township
officials to accept a grant award from Abington Police
Athletic/Activities League in the amount of $10,000.00
MOTION was ADOPTED 14-0.
Sobriety Checkpoint Grant (410)
Commissioner Myers made a MOTION,
seconded by Commissioner McGrath to authorize Township
officials to accept a grant match from Citizens and
Police Together in the amount of $300.00.
Sobriety Checkpoint Grant
(ID-04-08-1)
Commissioner Myers made a MOTION,
seconded by Commissioner McGrath to authorize Township
officials to accept a grant match from Citizens and
Police Together in the amount of $100.00.
Board of Commissioners Meeting
March 10, 2005
MOTION was ADOPTED 14-0.
PUBLIC
AFFAIRS COMMITTEE:
Montgomery
County
Municipal Transit Grant Program
Commissioner Carlin made a MOTION,
seconded by Commissioner Lynott to accept the grant
appropriation of $13,295.00 from the Montgomery County
Municipal Transit Grant Program calendar year 2005.
MOTION was ADOPTED 14-0.
Settlement
Music
School
Lease Extension
Commissioner
Carlin made a MOTION, seconded by Lynott to approve an
extension of the Settlement Music School Lease for two
years, beginning September 1, 2006 and ending September
1, 2008; at which time, the lease will revert to a
year-to-year agreement.
MOTION was ADOPTED 14-0.
Penbryn Pool Resurfacing
Commissioner Carlin made a MOTION,
seconded by Commissioner Lynott to reject bids from both
Allstate Technology and Stoneridge for the Resurfacing
of Penbryn Pool.
MOTION was ADOPTED 14-0.
Mowing Contract – 2005, 2006,
and 2007
Commissioner Carlin made a MOTION,
seconded by Commissioner Lynott to accept the lowest
responsible bids of:
M & M Landscaping
Zone 1
$21,000
Louis Biase
Zone 2
$14,700
Zone 3
$15,700
Zone 4
$13,400
Total
$64,800
MOTION was ADOPTED 14-0.
Board of Commissioners Meeting
March 10, 2005
Hillside
Condemnation – Engineering Contract
Commissioner Carlin made a MOTION,
seconded by Commissioner Lynott to authorize an
expenditure not to exceed $9,000 from Contingency
Account #01-01-002-5299 for additional services rendered
by Vollmer & Associates relating to the
Hillside
litigation.
MOTION was ADOPTED 14-0.
FINANCE
COMMITTEE:
Treasurer’s Report:
There was no report at this time.
Investments
Commissioner Luker made a MOTION,
seconded by Commissioner Carlin to approve the
investments for the month of January, 2005 as previously
circulated to the Board. It was noted that investments
for the month totaled $875,000. Interest yields ranged
from 3.17% to 5.058%.
MOTION was ADOPTED 14-0.
Expenditures/Salaries and Wages
Motion to:
(A)
Approve the January expenditures as
previously circulated to the Board, in the amount of
$1,632,600.76 and salaries and wages in the amount of
$1,624,157.90.
(B)
Authorize the proper officials to sign
vouchers in payment of bills and contracts as they
mature for the month of April, 2005.
Roll Call resulted in motion being
passed 14-0.
Training and Conference Expenses
Commissioner Luker made a MOTION,
seconded by Commissioner Carlin to approve the Advance
and Travel Expense activity for January, 2005 as
previously circulated to the Board. There was no
activity for the month of January 2005.
MOTION was ADOPTED 14-0.
Board of Commissioners Meeting
March 10, 2005
Clearing Fund/Deferred Revenue
and Expense/Petty Cash
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 January, 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 January, 2005 were
$12,524.33 and ($0.87), respectively.
Deferred Revenue/Expense receipts
and disbursements for the month of January 2005 were
$2,900.00 and ($0.00), respectively.
MOTION was ADOPTED 14-0.
Recommendation of Underwriter of
2005 General Obligation Bond Issue
Commissioner Luker made a MOTION,
seconded by Commissioner Carlin to ratify decision of
Finance Committee for proper Township officials to enter
into agreement with PNC Capital Markets to act as
underwriter in the 2005 General Obligation Bond Issue.
MOTION was ADOPTED 14-0.
Recommendation of Paying Agent
for 2005 General Obligation Bond Issue
Commissioner Luker made a MOTION,
seconded by Commissioner Carlin to authorize proper
Township officials to enter into agreement with J.P.
Morgan Chase Bank, N.A. to act as paying agents for the
2005 General Obligation Bond Issue.
MOTION was ADOPTED 14-0.
Resolution No. 05-004 –
Authorizing H.A. Berkheimer Tax Administrators to Impose
and Retain Costs of Collection on Delinquent Earned
Income Taxes
Commissioner Luker made a MOTION,
seconded by Commissioner Carlin to approve Resolution
No. 05-004 delineating a schedule of delinquent tax
collection costs.
MOTION was ADOPTED 14-0.
Resolution 05-004
Board of Commissioners Meeting
March 10, 2005
Ken Krawchuk,
117 West Avenue
, referred to Resolution #05-004, “
Abington
Township
has the right to impose a cost of collection on
taxes.” That is true however; it does not give the
Township the right to delegate that power. If the cost
is imposed by Berkheimer, what does that have to do with
the Township? It says, “Berkheimer is authorized to
retain that cost.” If it is imposed by Berkheimer, why
do they need the Township’s permission to retain it?
How can you vote on this with so much contradiction?
Commissioner Wachter replied
Berkheimer does not retain the funds; they retain the
cost of collection of the funds.
Commissioner Carlin asked Mr.
Krawchuk if he thinks the Township has the authority to
tax.
Mr. Krawchuk replied according to
the Pennsylvania Constitution he does not think so.
Ms. Matiza stated the Township has
the right to hire a tax collector for the collection of
our earned income taxes, and we also have the right to
hire them to collect our delinquent taxes. The
resolution refers to delinquent tax payers.
Mr. Krawchuck stated this
resolution does not make sense, and he suggested tabling
it until it is written better.
Commissioner Gross stated he will
direct our Solicitor to speak to Mr. Krawchuk on this
matter.
REMARKS
OF COMMISSIONERS:
Commissioner Gillespie wished
everyone a “Happy St. Patrick’s Day.”
Commissioner O’Connor announced
that on February 28, 2005, Ruth Plato passed away. She
was President of the Ward 3 Townwatch for the past 10
years, and she will be missed.
Commissioner Agostine thanked the
Code Enforcement staff for their hard work on Ordinance
1920, and she appreciates their time and efforts.
Commissioner Myers stated last
Friday morning she saw Chief Kelly on television, and
heard about the stunning capture of two homicide
suspects. She congratulated Chief Kelly and our Police
Department on their incredible capture and a job well
done.
Board of Commissioners Meeting
March 10, 2005
Commissioner Wachter commented he
appreciates what the police did for us, and asked that
the Public Safety Committee consider raising the
accident report fee to $25.
Commissioner DiJoseph thanked the
Highway Department for an outstanding job with snow
removal.
Commissioner Gross commended the
staff on the fine work that they do for this Township.
ADJOURNMENT:
9:25 p.m.
Respectfully submitted,
Burton
T. Conway, Secretary
sev
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