The Telford Borough Council meeting held this date was called to order at 7:31 p.m. by President Robert Baker with the following members in attendance: John Harrell, Carolyn Crouthamel, Stanley Nyce, Scott Hillegass, Jeffrey Maxwell, and J. Allen Landis. Also present were Mayor Jay Stover, Manager Mark D. Fournier, Recording Secretary Cathy Fried, Solicitor Mark E. Weand, Jr., and press reporters.

The invocation was given by John Harrell, followed by the pledge of allegiance.

PUBLIC HEARING: Ordinance No. 372, An Ordinance Amending the Code of the Telford Borough Zoning Ordinance No. 100, Adopted October 3, 1960, as Amended January 18, 1999 to Replace Part 9 with Part 9, I - Institutional District

Public Hearing began at 7:31 p.m.

Resident Daniel Fox, 220 E. Broad Street, expressed the opinion that a vote on this ordinance is unnecessary at this time. He felt this meeting is a special session to accommodate a separate entity. It is a part of a comprehensive plan and is being used to facilitate the sale of a piece of property owned by Schlosser to the Lutheran Home at Telford. Mr. Fox also asked if this Ordinance will be part of the complete rezoning ordinance that will be presented at a future date. Mr. Fox commented that interested parties could have requested a zoning variance rather than the development of Ordinance No. 372. He also questioned the possibility of E. Broad Street being widened and whether this would affect the frontage of the residences on that street.

Resident Linda Morris, 214 E. Broad Street, referenced a letter she sent to Manager Mark Fournier that was included in the Council packet. She questioned whether impact studies have been done to determine how this rezoning will impact the neighborhood. She feels the possibility of expansion of the Lutheran Home at Telford will create more traffic and will affect the quality of life of the residents. Also to be considered is the traffic and noise factor during the construction period.

Resident Karen Lowe, 218 E. Broad Street, questioned if schematics and plans were available for review by the public. She also asked if Council would be able to set limits as to what could be built in that area.

Resident Louis Strauss, 135 N. Washington Street, asked if anyone has looked into applying for funds through an open space grant from the state for this area. He is concerned about the animal habitat and public enjoyment of the area.

Manager Mark Fournier responded to the residents' questions in turn. He explained that a task force has been working on rezoning for the past year. During this time frame, there have been three (3) different members of the Montgomery County Planning Commission working on this for Telford Borough. The task force is comprised of Planning Commission members, three (3) member of Council, a member of the police department, a member of the Parks & Recreation Department, the Mayor, etc. The remainder of the Zoning Ordinance will not be completed for approximately three (3) to four (4) months. He presented the zoning map to indicate the zoning districts at this time and further explained what areas will be affected by the rezoning. Mark Fournier expressed the need to update the Zoning Ordinance to protect the residents of the borough. Any land development will require adherence to procedures in place for submission of plans and appropriate approvals. In response to the comments regarding open space, he explained that it is not financially possible to match grant funds and that the cost incurred to maintain the open space is prohibitive. Mark Fournier did not feel the residential side of East Broad Street would be widened, however, the determination of how the road is built will be made by our engineer during the land development planning for the property.

There was a question concerning the preservation of wetlands. Council President Robert Baker said the ordinance requires an area bordering the stream remain untouched and a percentage of the lot remain open space.

Mayor Jay Stover said the project is not ready to begin. He explained that studies are necessary for any future development. Carolyn Crouthamel added to previous comments regarding the purpose of the rezoning.

Public Hearing ended at 8:14 p.m.

A Hillegass / Maxwell motion carried unanimously (7-0) approving the April 7, 2008 minutes.

TREASURER'S REPORT: was unanimously (7-0) approved by a Crouthamel / Nyce motion.

MAYOR'S REPORT:

Mayor Stover reported he attended a North Penn YMCA meeting. They are looking for funds for the coming year. He was invited to the Just Care Child Care Center to read a story. He also attended the Zoning Task Force meeting.

POLICE REPORT: We received a written monthly report for the file.

BUILDING OFFICIAL'S REPORT: We received a written monthly report for the file.

Assou needs mechanical plans for the fire suppression system.

SOLICITOR'S REPORT:

1. ZONING. (A) The Solicitor continues to confer with Mark Fournier to discuss pending building, zoning and inspection matters. All material is reviewed by the Solicitor on receipt for advice submission. (B) Rock Community Church Zoning Application. There continues to be no contact. If the proposal is to proceed, an Agreement for off-site parking and a building permit would be required. (C) Gary Sellars Zoning Application. There remains no contact by the Applicant. A second zoning hearing has not been scheduled. It would also appear that a property owner petition has not been circulated. The scheduling requirement in the Municipalities Planning Code has been waived. (D) Joseph Nitterour Zoning Application. This application involves a use variance for premises situate 261 W. Broad Street. A Zoning Board hearing is still being deferred pending resolution of certain issues with the applicant. (E) John Appleton Zoning Application. By written notice dated April 2, 2008, the Zoning Hearing Board Solicitor confirmed grant of the required variances subject to condition that there be no enclosure of the deck structures. The Board's written decision has not been received for review and follow-up contact by the Solicitor. (F) There are no other pending Zoning Applications at this time.

2. NOBLE OAKS. On April 9, 2008 the Solicitor recorded the four Utility Easement Agreements with the Montgomery County Recorder of Deeds. The originals with certification of recording have been submitted to the Manager for record retention. Copies were also provided for submission to the grantors. Escrow refund has been requested for project closeout.

3. ASSESSMENT APPEALS. As previously represented, the Souderton Area School District filed an Appeal from the MetPro Corp. tax assessment on March 25, 2008. The Solicitor intervened on March 28, 2008 on behalf of the Borough. Subsequently, MetPro Corp., by its legal counsel, filed a Notice of Intervention and Answer on April 9, 2008. Thereafter, the Montgomery County Board of Assessment Appeals intervened and filed an Answer to the Appeal Petition on April 14, 2008. There has been no further contact.

4. REVITALIZATION. The Souderton/Telford Main Street Program and all related issues continue to be reviewed with the Manager.

5. 2008 BUDGET. Budget aspects continue to be discussed with the Manager as various projects and issues arise.

6. POLICE DEPARTMENT. The Police Contract with effective date January 1, 2008 was signed by the Borough on April 7, 2008. A fully executed copy has been provided to the Solicitor for record retention. Accordingly, this represents a completed item.

7. RYAN COURT (ERIE AVENUE TRACT). On April 22, 2008, the Manager, Engineer and Solicitor met with the developer, his legal counsel, and engineer to address all project closeout requirements. A legal description for the Ryan Court roadway dedication with plan attachment will be prepared by the developer's engineer. It was determined that no additional right-of-way is required for Erie Avenue. A recorded copy of the Declaration of Ryan Court Planned Community was presented to the Solicitor to confirm that easements for the benefit of the Borough have been reserved throughout the property. This includes the detention basin and the stormwater management system. A utility easement over Lot 32, however, will be required. A Deed of Dedication will also be required for a portion of Welker Street. These documents will be completed by the Solicitor upon receipt of the engineering information.

8. SKLAR ACCIDENT CLAIM. The Solicitor continues to confer with Siana, Bellwoar & McAndrew, LLP to provide input and document review. Defendants Wurst and Gross have filed Motions for Summary Judgment and Briefs in support thereof. Plaintiff has filed a response arguing that only limited discovery has been conducted to date. Responsive briefs have also been filed on behalf of the Borough. Ownership of the site where the alleged incident occurred is at issue. An Affidavit submitted for Don Beck's signature was reviewed and revised by the Solicitor to assure factual accuracy. No depositions have been scheduled to date.

9. TRAIN STATION REHABILITATION PROJECT. Although the construction aspect of this project has been completed, the Solicitor continues to confer with the manager to address tenant move-in and related issues. A revised Certificate of Insurance for the passenger station has also been reviewed to confirm compliance with the lease.

10. CENTENNIAL PARK IMPROVEMENTS PROJECT. Centennial Park detail continues to be referenced with the Manager and Engineer. Restrictive covenant language required by Montgomery County will be addressed by the Solicitor.

11. DELBAR TRACT SUBDIVISION. (A) A Utility Easement Agreement has been prepared for the Authority by the Solicitor. The Solicitor has also prepared a Declaration of Covenants, Easements and Restrictions concerning stormwater facilities. This single document pertains to the proposed drainage easement in favor of the Borough and the proposed thirty foot wide water course easement. A Deed of Dedication has also been prepared for the Church Road widening. A Development and Escrow Agreement pertaining to the roadway widening construction is in the process of preparation. A review meeting has been scheduled with the Manager for May 7, 2008. (B) Ordinance No. 372 has been advertised for public hearing and adoption this date. This ordinance amends the Zoning Ordinance and Map to enlarge the Institution District and accommodate the Lutheran Community proposed expansion without requiring Zoning Ordinance relief. Both the Montgomery County and Bucks County Planning Commissions have provided review comment which has been received by the Solicitor and reviewed with the Manager. Adoption by Council this date is appropriate.

12. CABLE FRANCHISE. (A) There is no update to report with regard to the Comcast Franchise Agreement. (B) On April 23, 2008 the Manager and Solicitor met with Verizon representatives to negotiate a franchise agreement. In preparation for said meeting, Verizon franchise agreements entered into by other municipalities were considered by the Manager and Solicitor to select formats most favorable to Telford Borough. The proposals presented on behalf of the Borough are currently under consideration by Verizon.

13. CHIPLEY CLAIM NOTICE. Claimant has initiated no contact following claim notice. Incident specifics have not been submitted as requested.

14. CURBSIDE COLLECTION OF LEAF WASTE. Revision of Ordinance No. 368 and a Resolution to designate a drop-off location remain pending.

15. LANDIS SUPERMARKET: The Land Development review as prepared by the engineer for the Landis Supermarket expansion project has been received by the Solicitor. The proposed improvements along County Line Road include an office building, a bank, and a fueling station. All aspects remain under consideration to assess impact on Telford Borough and its residents.

16. NPDES PHASE II STORMWATER PERMIT: The Year 5 Report will be filed by the Engineer on June 9, 2008.

17. INDIAN VALLEY LIBRARY COMMISSION: There has been no further contact with regard to the proposed Intermunicipal Agreement and adopting Ordinance. Follow-up inquiries will be initiated.

18. BUCKS COUNTY WASTE MANAGEMENT PLAN: Material received pertaining to Bucks County Municipal Solid Waste Management Plan Revision as recently approved by DEP requiring municipal action will be addressed in due course with the manager.

Solicitor Mark Weand reported there has not been any further contact from Rock Community Church and Gary Sellars regarding their individual applications for a zoning variance. He is awaiting the written report from the zoning solicitor regarding the decision for the Appleton application.

The utility easement agreements have been recorded for the Noble Oaks project.

ENGINEER'S REPORT: We received a written monthly report for the file.

FINANCE AND ADMINSTRATIVE COMMITTEE: Mr. Hillegass

A-1 A Hillegass / Harrell motion was carried unanimously (7-0) approving the payment of bills for the month of April 2008 in the amount of $301,938.77.

A-2 A Hillegass / Nyce motion was carried unanimously (7-0) authorizing Mark Fournier to submit an application for reimbursement to the U. S. Department of Housing and Urban Development for the $245,000. federal grant.

PLANNING & ZONING COMMITTEE: Mr. Maxwell

PZ-1 Council member Jeffrey Maxwell commented the residents' concerns were based on the premise that construction would take place immediately and were not aware of the entire subdivision process. He further asked if there have been any complaints about the Lutheran Home at Telford. Mark Fournier responded that any comments received have been of a positive nature.

A Maxwell / Crouthamel motion was passed unanimously (7-0) adopting Ordinance No. 372, An Ordinance Amending the Code of the Telford Borough Zoning Ordinance No. 100, Adopted October 3, 1960, as Amended January 18, 1999 to Replace Part 9 with Part 9, I - Institutional District.

ENVIRONMENTAL COMMITTEE: Mr. Nyce

Stanley Nyce reported there have been no further updates regarding the unresolved 2005 DEP Recycling grant issue.

PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE: Mr. Landis

PUBLIC SAFETY COMMITTEE: Mr. Harrell

PS-1 A Harrell / Nyce motion was carried unanimously (7-0) to approve Telford Fire Company's request to send personnel and apparatus to attend the Upper Gwynedd Fire Department's 100th Anniversary Celebration on October 4, 2008.

DEVELOPMENT & CULTURE COMMITTEE: Ms. Crouthamel

DC-1 Manager Mark Fournier presented the request of Brittany VanEmmerik to rent the Community Building for a weekly exercise class. He referenced a decision of Borough Council in 2005 to deny the use of the Community Building for a person wishing to hold Tae-Kwon-Do classes and for profit.

A Nyce / Harrell motion was passed unanimously (7-0) that the Community Building not be rented by anyone for profit or personal gain under its present structure.

COMMENTS FROM AUDIENCE:

Resident David York, 35 W. Ridge Avenue, reported that property at 36 W. Ridge Avenue is unoccupied and the grass is not being mowed and is littered with debris and trash. Mark Fournier reported the property is under foreclosure and the water has been shut off. He also reported that Council member John Harrell has brought the condition of this property to the attention of Borough Council at previous meetings. He will discuss this further with Police Chief Bickel to determine the status as the Chief has been working on this problem.

OTHER BUSINESS:

Council member Jeffrey Maxwell said his daughter asked who decided where to place the fountain at the Train Station / Freight Building area. Mark Fournier responded it was the decision of the Design Committee.

Council entered executive session at 9:02 p.m.

Council came out of executive session at 9:28 p.m.

A Harrell / Nyce motion was carried unanimously to authorize the Solicitor to proceed with such legal action as may be required to collect the outstanding obligations of Robert Alderfer pertaining to the Noble Oaks project.

The meeting was adjourned at 9:31 p.m. by a Hillegass / Landis motion.

Respectfully Submitted,
Mark D. Fournier
Secretary