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Board of Commissioners
Meeting Minutes
Board of Commissioners Meeting - February
14, 2002
The stated meeting of the Board of
Commissioners of Abington Township was held on Thursday,
February 14, 2002, at the Township Building, Abington,
Pennsylvania, with President Barbara C. Ferrara presiding.
CALL TO ORDER: 8:05 p.m.
ROLL CALL: Present: Commissioners AGOSTINE,
WACHTER, LUKER, TURCO, ZAPPONE, GROSS, O’CONNOR,
CARLIN, MYERS, McGRATH, DeVORE, GILLESPIE, KRETSCHMAN,
FERRARA
Excused: Commissioner RING
Township Manager CONWAY
Assistant Township Manager LAHAZA
Township Treasurer SOLOMON
Township Solicitor HERDER
Township Engineer POWERS
Director of Finance MATIZA
Chief of Police KELLY
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
COMMENDATION:
Chief Kelly lauded Philip "Butch"
Beal for his outstanding dedication to Abington Township
and its Police Department. Among his many contributions
he has been president of C.A.P.T., the independent,
nonprofit funding source which supports long-term outreach
programs through Community Policing. Commissioners Ferrara,
Myers and Gillespie presented Mr. Beal with a commendation
from the Township, and Representative Bard presented
him with a citation from the Commonwealth for his many
efforts to change the lives of our citizens.
Chief Kelly asked Commissioner Ferrara
to present commendations to the following for assistance
leading to the apprehension of a dangerous felon: Carol
Godfrey, Chrissy Kroliczak, Joseph Borowski, Detective
Anthony Ammaturo, Detective Michael Gallagher, and Officer
Christopher Obst. Having committed a series of robberies,
the perpetrator was attempting a second robbery of Fleet
Bank in Abington on New Year’s Eve when all of
the above substantially assisted in bringing about his
arrest.
COMMITTEE APPOINTMENT:
Commissioner Gillespie made a MOTION, seconded by Commissioner
DeVore, to reappoint
Edward Nolan to a six-year term on the Civil Service
Commission ending on December 31, 2007. Motion PASSED
14-0.
MINUTES:
Commissioner Kretschman made a MOTION, seconded by
Commissioner McGrath, to approve the minutes of the
Organization Meeting of the Board of Commissioners of
January 7, 2002 and the Board of Commissioners Meeting
of January 13, 2002.
Motion PASSED 14-0.
ANNOUNCEMENT:
Commissioner Ferrara announced that there was an executive
session at 7:00 p.m. this evening to consider personnel
matters.
PUBLIC WORKS COMMITTEE
Crestmont Park - Replacement of Parking Lot
Commissioner Gross made a MOTION, seconded by Commissioner
O’Connor, to approve final payment to SJM Construction,
Inc. in the amount of $7,460.71, to be paid from Account
#07-24-800-7304. Payment is to be made after receipt
of a maintenance bond.
Motion PASSED 14-0.
Cold Mill Recycling Machine Bid
Commissioner Gross made a MOTION, seconded by Commissioner
Zappone, to accept the lowest bid and enter into a contract
with Marini America, Inc. in the amount of $215,000
for the purchase of one cold mill recycling machine
as per bid specifications.
Motion PASSED 14-0.
Flood-Related Sewer Backups - Funding Authorization
Commissioner Gross made a MOTION, seconded by Commissioner
Zappone, to authorize the expenditure of additional
funds, not to exceed $15,000, from Sewer Operating Fund
Retained Earnings for cleanup and restoration of homes
affected by backups during the June 16, 2001 flood and
not covered by homeowners’ insurance or FEMA grants,
as recommended in the Manager’s memo of July 6,
2001.
Motion PASSED 14-0.
Wastewater Collection System Evaluation
Field Monitoring Authorization
Commissioner Turco made a MOTION, seconded by Commissioner
Zappone, to REMOVE from the TABLE the MOTION to authorize
ADS Services to perform field monitoring on wastewater
flows and rainfall at a cost not to exceed $230,000,
to be funded from unallocated Sewer Capital Retained
Earnings.
Motion PASSED 14-0.
Commissioner Gross made a MOTION, seconded by Commissioner
O’Connor, to authorize ADS Services to perform
field monitoring on wastewater flows and rainfall at
a cost not to exceed $230,000, to be funded from unallocated
Sewer Capital Retained Earnings.
Motion was DEFEATED 14-0.
Commissioner Myers made a MOTION, seconded by Commissioner
Agostine, to authorize Severn Trent Pipeline Services
to perform field monitoring on wastewater flows and
rainfall at a cost not to exceed $165,000, to be funded
from unallocated Sewer Capital Retained Earnings.
Motion PASSED 14-0.
Commissioner Turco stated that we wound up with three
bidders and are saving the Township close to $65,000
by bidding this service.
2002 Permanent Improvements
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine, to approve the 2002 Permanent Improvement
Program from the following. It is understood that three
of the proposed flood projects (Maple/Meyer culvert,
detention basin #4 in Susquehanna Woods, and Baeder
Park detention basins) will not be implemented until
discussed further with the full Board since they are
contingent upon the status of the Flood Mitigation applications.
It is further understood that the Commissioners affected
by the Baeder Park detention proposal will reconvene
and meet with the residents to discuss this proposal.
2002 Permanent Improvement Fund $ 818,700
2001 In-Lieu-of-Tax Fund 330,000
Police Equipment - Special Escrow 82,000
Drug Enforcement Fund 11,000
Sewer Capital Fund 625,000
Sewer Operations - Retained Earnings 67,000
Bond Issue - Flood Projects 3,000,000
Bond Issue - Wastewater Projects 3,400,000
Commissioner DeVore offered an AMENDED MOTION, seconded
by Commissioner Gross, to approve the 2002 Permanent
Improvement Program as listed, but it is understood
that
three of the proposed flood projects (Maple/Meyer culvert,
detention basin #4 in Susquehanna Woods, and Baeder
Park detention basins) will not be implemented until
approved by the full Board since they
are contingent upon the status of the Flood Mitigation
applications. It is further understood that the Commissioners
affected by the Baeder Park detention proposal will
reconvene and meet with the residents to discuss this
proposal and attempt to come to some resolution
by June 1,
MOTION was DEFEATED 14-0.
AMENDED Motion PASSED 14-0.
CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE
Public Hearing - Ordinance #1870 - Zoning Ordinance
Amendment Regulations for Sexually-Oriented Businesses
Commissioner Ferrara opened the public hearing on Ordinance
#1870 providing for an amendment to the Zoning Ordinance
which will limit this type of business to a specified
zoning district and will provide for licensing and regulation
of sexually-oriented businesses and their employees.
Commissioner Ferrara asked for comments for and against
the ordinance from the Commissioners and the public.
There were none.
Solicitor Herder requested that the hearing be continued
until the March Board of Commissioners meeting. He explained
that the newspaper ad stated that this hearing was for
the purpose of "considering" the ordinance.
It should have read that the ordinance would be considered
for "enactment." Consequently, the public
hearing will have to be readvertised.
Mr. Herder stated that this is now a pending ordinance.
Commissioner Agostine made a MOTION, seconded by Commissioner
Kretschman, to continue the hearing on Ordinance #1870
until the March Board meeting.
Motion PASSED 14-0.
Public Hearing - Ordinance #1874 - Zoning Change
Application 02-01 - AO District to CS District -
West Side of
1300 Block of Old York Road (request of Abington
Hospital)
Commissioner Ferrara opened the public hearing on Ordinance
#1870, concerning Zoning Application 02-01, presented
at the request of Abington Memorial Hospital, requesting
a change in zoning from (AO) Apartment-Office District,
to (CS) Community Service District, on the west side
of the 1300 block of Old York Road.
The public hearing was opened at 8:35 p.m. Commissioner
Ferrara asked for comments from the Commissioners.
Commissioner O’Connor asked if this parcel will
be coming off the tax rolls. Manager Conway replied
that the Hospital taxes will exceed those collected
when the parcel was apartments.
Commissioner DeVore stated that he has worked with
Abington Hospital for almost two years on this project.
Meetings with the people in the neighborhood were held,
and with residents of some other wards, and with staff.
The Hospital worked with us and is as concerned about
the community as the Commissioners are. This is in the
interest of our greater community.
Commissioner Ferrara asked for comments from the public.
Marc Jonas, Esq. of Fox, Rothschild is counsel for
the Hospital. He stated that this is only a zoning hearing
for a map change. Applications will follow, public notices
will be given, the Zoning Hearing Board will be involved,
streets might be vacated. But now the plans are in the
Township Building. The County and Township Planning
Commissions have both approved this change, and this
project will directly affect the health of the community.
Richard Montalbano, Vice President of Abington Memorial
Hospital, stated that this property is directly north
of the Hospital. The Hospital has experienced a 40%
growth in five years in admissions, and a 50% rise in
emergency trauma visits. Our population is aging and
in need of more health care. Our hospital is being chosen
because of its quality and closeness. In 1996 we began
open heart surgery. Abington Court Apartments paid $22,00
a year in taxes for the property; about $180,000 a year
will come from the Hospital.
Commissioner Agostine made a MOTION, seconded by Commissioner
Kretschman, that the public hearing be closed. Motion
PASSED 14-0. Hearing was closed at 8:55 p.m.
Commissioner Agostine made a MOTION, seconded by Commissioner
Kretschman, to adopt Ordinance #1874. Motion PASSED
14-0.
PUBLIC SAFETY COMMITTEE
CAPT Car Seat Grant
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath, to authorize Township officials to accept additional
funding from CAPT in the amount of $4,000.
Motion PASSED 14-0.
Police and Fire Memorial
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath, to authorize the Police and Fire Memorial Committee
to construct a memorial walkway leading up to and around
the planned memorial at the Greystone Cottage facade
site..
Motion PASSED 14-0.
"COPS MORE" 2001 Grant
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath, to authorize Township officials to accept a
grant from the U.S. Department of Justice in the amount
of $236,008.
Motion PASSED 14-0.
PAL Month in Abington Township
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath, to declare March 2002 as PAL Month in
Abington Township.
Motion PASSED 14-0.
Bid Award - Police Uniforms
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath, to award the contract for Police Uniform Clothing
Items to the lowest responsible bidder, American Uniform
Sales, Inc., in the amount of $21,115.20.
Motion PASSED 14-0.
Bid Award - Police Equipment
Commissioner Myers made a MOTION, seconded by Commissioner
McGrath, to award the contract for Police Equipment
Items to the lowest responsible bidder, American Uniform
Sales, Inc., in the amount of $21,380.50.
Motion PASSED 14-0.
PUBLIC AFFAIRS COMMITTEE
Contract Mowing - 2002-2004
Commissioner Wachter made a MOTION, seconded by Commissioner
Gillespie, to accept the lowest responsible bid for
the mowing and maintenance of certain designated Township
facilities for three years, as follows:
Brian Quigg Zone #1 $22,100 M & M Lawn Care Zone
#2 $15,510 Zone #3 $16,500 Zone #4 $14,100 Alternate
#1 - Police Firing Range - M & M Lawn Care $800
Motion PASSED 14-0.
Montgomery County Municipal Transit Grant Program
Commissioner Wachter made a MOTION, seconded by Commissioner
Gillespie, to accept the grant appropriation of $20,000
from the Montgomery County Municipal Transit Grant Program
for calendar year 2002.
Motion PASSED 14-0.
Tax Waiver - First Baptist Church of Crestmont
Commissioner Wachter made a MOTION, seconded by Commissioner
Gillespie, to waive municipal taxes for the First Baptist
Church of Crestmont for 2002.
Motion PASSED 14-0.
Commissioner Wachter asked that the problem with the
culling of the deer herd in Fairmont Park be put on
the Public Affairs Committee agenda in March for discussion.
FINANCE COMMITTEE
Treasurer's Report
Township Treasurer Max M. Solomon reported that no
real estate taxes came in in January. Monies received
from various departments for January totaled $728,528.
He urged the public to call if their tax bill was wrong
and we will send a new bill.
Investments
Commissioner Luker made a MOTION, seconded by Commissioner
O’Connor, to approve the investments for the month
of December, 2001 as previously circulated to the Board.
It was noted that investments for the month totaled
$769,000. Interest rates ranged from 2.75% to 3.80%.
Motion PASSED 14-0.
Expenditures/Salaries and Wages
Commissioner Luker made a MOTION, seconded by Commissioner
O’Connor, to:
(A) Approve the December, 2001 expenditures as previously
circulated to the Board, in the amount of $1,550,952.30
and salaries and wages in the amount of $1,378,079.07;
and.
(B) Authorize the proper officials to sign vouchers
in payment of bills and contracts as they mature for
the month of March, 2002.
Roll Call resulted in the Motion being PASSED 14-0.
Training and Conference Expenses
Commissioner Luker made a MOTION, seconded by Commissioner
O’Connor, to approve the Advance and Travel Expense
activity for December, 2001 as previously circulated
to the Board. Advances and Travel Expense Reports were
$0.00 and $1,487.85, respectively. Twelve (12) month
YTD expenses total $33,037.02.
Motion PASSED 14-0.
Clearing Fund/Deferred Revenue and Expense/Petty
Cash
Commissioner Luker made a MOTION, seconded by Commissioner
O’Connor, to approve the Clearing Fund, deferred
revenue/expense activity and petty cash balances for
the month of December, 2001 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 December, 2001 were $0.00 and ($0.00), respectively.
Deferred Revenue/Expense receipts and disbursements
for the month of December, 2001 were $216,879.26 and
($6,207.72), respectively.
Motion PASSED 14-0.
Destruction of Township Records
Commissioner Luker made a MOTION, seconded by Commissioner
O’Connor, to authorize the destruction of Accounts
Payable invoices for the year 1993 stored in the basement
of the Township Building.
Motion PASSED 14-0.
Account Transfer Authorization
Commissioner Luker made a MOTION, seconded by Commissioner
O’Connor, to authorize the transfer of $9,734.31
from 2001 Contingency Expense Account #01-01-002-5299
to Fire Companies Account #01-15-091-5236.
Motion PASSED 14-0.
Verizon Distribution Center - Roslyn Park Landscaping
Commissioner Luker made a MOTION, seconded by Commissioner
O’Connor, to approve transferring $3,000 from General
Fund Unallocated Fund Balance to be used for landscaping
the area around Verizon’s vault at Roslyn Park.
Motion PASSED 14-0.
Public Hearing - Ordinance #1873 - Incurrence of Non-Electoral
Debt of $25,580,000 through Issuance of General Obligation
Bonds 2002
Commissioner Ferrara opened the public hearing at 9:10
p.m. to adopt Ordinance #1873 authorizing the incurrence
of non-electoral debt in an amount of $25,580,000 to
be used for:
The current refunding of the Township’s General
Obligation Notes, Series of 1996;
The current refunding of the Township’s General
Obligation Notes, Series A of 1999;
The current refunding of the Township’s General
Obligation Notes, Series B of 1999;
Certain capital projects of the Township;
The premium for a policy of municipal bond insurance;
All other costs of issuance.
There were no comments from the Commissioners in favor
or against adoption. There were no comments from the
public.
Finance Officer Matiza introduced Mr. Rick Troncilliti,
our Bond Counsel, who stated that we have three outstanding
issues and are borrowing some new money. It is a 12-year
issue, mostly a refinancing issue.
Mrs. Matiza introduced Ms. Kathy Clupper, Financial
Advisor, Penn Capital Advisors, who said that the average
interest rate is 4.006%. In 2010 the Township can pay
off the bond at par. In 2002 there is actually a small
savings.
Mrs. Matiza introduced Mr. Christopher McNichol, Manager
of Solomon Smith Barney, the proposed lead underwriter
for the bonding, who said that the lower interest rates,
guaranteed as of tonight, will give the Township a savings
of $778,000. The timing was wonderful.
Commissioner Luker made a MOTION, seconded by Commissioner
Carlin, that the public hearing be closed. The hearing
was closed at 9:14 p.m.
Commissioner Luker made a MOTION, seconded by Commissioner
O’Connor, to adopt Ordinance #1873.
ROLL CALL vote resulted in Ordinance #1873 being ADOPTED
14-0.
ORDINANCE #1873 IS ON FILE IN THE FINANCE OFFICE
IN THE TOWNSHIP BUILDING FOR PUBLIC INSPECTION.
PENSION COMMITTEE
Non-Uniformed Pension Plan
Commissioner Gross made a MOTION, seconded by Commissioner
Agostine, to adopt Resolution 02-005, Municipal Employee
Pension Plan restatement and revisions, to comply with
or in connection with law changes, and to clarify prior
provisions.
Motion PASSED 14-0.
Police Pension Plan
Commissioner Gross made a MOTION, seconded by Commissioner
Wachter, to adopt Resolution 02-006, to provide for
authorization to sign a restatement of the Abington
Township Police Pension Plan, to include revisions to
comply with or in connection with law changes, and to
reflect prior amendments since the last restatement,
and to clarify prior provisions.
Motion PASSED 14-0.
Commissioner Gross stated that these are simply procedural
changes. He thanked Finance Officer Matiza for keeping
on top of this matter.
COMMENTS FROM CITIZENS
Kol Ami
Mark Levin, President of Congregation Kol Ami, stated
that he never said that the Board’s opposition
to their purchase of the Sisters’ property was
based on anti-Semitism. The only people who will benefit
from this are the attorneys, and the citizens of Abington
Township will pay. Congregation Kol Ami believes that
good-faith settlement negotiations with a federal mediator
is the way to go.
Charles Whipple, Deer Run, Meadowbrook, stated that
the CS (Community Service) District was established
for religious institutions. This congregation is too
big for this residential site on Robert Road. Sewers
are inadequate. Traffic will be a huge problem; more
than 700 people attended the High Holy Day service they
conducted at the Keswick Theater. The number set as
a limit for the number of congregants will be unenforceable.
The parking lot would be 150 spaces. This is urban sprawl.
Director of Code Enforcement Matteo stated that this
will come before the Code Enforcement Committee on March
4. The Board does not have this information at this
time as we don’t yet have the plans.
Bob Homachter, Sharon Road, Meadowbrook, is opposed
to any organization that threatens the serenity of their
residential neighborhood.
Elinor Maier, 1144 Frederick Road, a 40-year resident,
stated that the Sisters were very quiet neighbors. Services
were for the nuns only. There was no car traffic. The
lighting would affect the neighborhood.
Jim Fink, 1969 Robert Road, stated that the safety
of his three children is an issue. Conditions imposed
will not be enforceable. Would the neighbors have to
call the police if they were violated?
Julie Greenbaum, President, Rydal-Meadowbrook Civic
Association, said that Mark Scott and Brad Werden were
to be congratulated for their years on the Planning
Commission. Brad served unselfishly for 11 years.
REMARKS FROM COMMISSIONERS
Commissioners Wachter, Luker and O’Connor congratulated
Mrs. Matiza on the excellent job she did with the bonding.
Commissioner Gross stated that tonight we have saved
$778,000 on the bond issue, and through Commissioner
Turco’s vigilance, $65,000 on wastewater field
monitoring. Mr. Micciolo, Director of Public Works,
was instrumental in saving $150,000 on the cold milling
machine.
Commissioner Gillespie said how proud he is of Butch
Beal, his constituent. He congratulated Mr. Matteo on
30 years of service with the Township. He invited everyone
to the March 1st fund raiser at the VFW for
the July 4th celebration.
Commissioner DeVore stated that credit goes to our
staff for helping to pass the Abington Hospital ordinance
tonight. This was done without community opposition.
The residents took time to express themselves. Ultimately
this will be a $147 million project.
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