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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: J. Allen Landis, Carolyn Crouthamel, John Harrell, Stanley Nyce and Scott Hillegass. Jeffrey Maxwell arrived at 7:34 p.m. Also present were Mayor Jay Stover, Manager Mark D. Fournier, Recording Secretary Cathy Fried, Solicitor Mark E. Weand, Jr., Police Chief Douglas Bickel, Souderton-Telford Main Streets Manager Pamela Coleman, James Ennis of the Montgomery County Planning Commission, Richard O'Brien of Keystone Municipal Services, Inc., Fire Chief Ray Fegley, and press reporters. In the audience were borough residents Linda Morris, Christopher Wales, Randy Pforter, Rodney Hange and James Siffel.
The invocation was given by Jeffrey Maxwell, followed by the pledge of allegiance.
A Landis / Hillegass motion was carried unanimously (7-0) approving the June 1, 2009 minutes.
PUBLIC HEARING:
The Public Hearing was opened at 7:32 p.m. for any comments from the audience regarding Ordinance No. 379.
There were no comments from the audience.
The Public Hearing was closed at 7:33 p.m.
The Public Hearing was opened at 7:33 p.m. for any comments from the audience regarding Ordinance No. 380.
Mayor Jay Stover began his comments on this ordinance with section 11.e. that stipulates the time frame that leaf waste can be left at curbside and acceptable areas. Borough Council President Robert Baker questioned who is responsible for the enforcement of this ordinance. Manager Mark Fournier explained the language is generic and this ordinance is an amendment to Ordinance 368 which was adopted February 5, 2008. He further commented the responsibility of enforcing this ordinance lies with the police department and the building code official. Further questions were asked by council members as to whether or not Telford Borough would prosecute for possible offenses. Solicitor Mark Weand commented the penalty aspect of this ordinance is mandated by DEP and Council member Stanley Nyce said the language is to satisfy DEP. Mark Fournier said compliance with Ordinance No. 368 and Ordinance No. 380 are necessary to remain eligible for grant money. Mark Weand said that while he appreciates Jay Stover's concerns, he feels there must be documentation in place in the event of flagrant and repeated violations by any Telford Borough resident. John Harrell asked Stanley Nyce for the number of communities that have adopted this ordinance to which Stanley Nyce responded that, as of this date, Telford Borough is the last remaining municipality to adopt. Mayor Jay Stover and Council member John Harrell questioned the purpose of adopting this ordinance if there is no intention to enforce. Stanley Nyce further remarked that taxes would need to be increased to recover the funds not received from the recycling grant.
Linda Morris of 214 E. Broad Street commented on the fines and the stipulation that leaf waste cannot be placed at the curb more than 24 hours before pickup. Randy Pforter of 116 E. Broad Street commented he feels it will be impossible to enforce this ordinance by fining the trash haulers. Christopher Wales of 218 S. Main Street commented the time and effort involved may outweigh the benefit derived from participating in the Northern Montgomery Recycling Commission and submitting the necessary information.
The public hearing was closed at 8:10 p.m.
TREASURER'S REPORT:
A Landis / Hillegass motion was carried unanimously (7-0) approving the June, 2009 Treasurer's Report.
MAYOR'S REPORT:
Mayor Jay Stover reported he attended the June Borough Council meeting. He also helped with the Telford Volunteer Fire Company's Women's Auxiliary hoagie sale.
POLICE REPORT:
Attached are our service calls and citations issued for the month of June.
In addition to routine, assigned shifts:
1. I attended the Montgomery County Police Chiefs' monthly meeting.
2. Lieutenant Floyd attended several meetings and activities. Please see his attached report.
3. Officer Fox participated in a DUI Roving Patrol.
4. Officer Minninger attended the Global Trends in Explosive Devices training at Grand View Hospital. He also attended the monthly North Penn Tactical Team practice and assisted the Hatfield Township Police Department with their Junior Police Academy as a tact team member (see attached article).
5. Officer Kim attended the monthly juvenile officers meeting at Souderton Area High School and
completed a Tobacco Compliance check with businesses in the borough; there were no violations.
6. All officers attended a training at the new Souderton Area High School. See Officer Minninger's attached report.
Two letters of thanks are attached for you to peruse.
FIRE REPORT: We received a written monthly report for the file.
LIBRARY REPORT: We received a written monthly report for the file.
PUBLIC WORKS REPORT:
1. Centennial Park - On 6/30/09 and 7/ 1/09 we installed the wearing course on the walking path at Centennial Park. After we install the bench seats, all items planned for this year will be complete.
2. Stover Park - We began installing conduit for the wiring to the new ball field lights on 6/25/09. We are approximately 2/3 complete. We plan to complete conduit installation during the week of 7/ 6/09.
3. Mowing - Mowing of Borough buildings, parks and athletic fields is on-going as required.
4. Community Building - During the month of June, Tim Schaffer Roofing installed new rain gutter with gutter guards at the Community Building.
5. Summit Avenue Project - All curb and sidewalk replacement along Summit Avenue is finally complete. Manhole castings and valve boxes have been adjusted to grade. We plan to coordinate the wearing course installation with the Reliance Road Project.
6. Rainfall - During the month of June we recorded 7.8" of rainfall, and experienced rainfall on 15 of 22 working days.
Mark Fournier reported:
Centennial Park - the wearing course for the walking path has been installed.
Stover Park - the public works crew continues to install lighting and will begin wiring of new lights. Next, the old lights will be taken down. He further reported the excessive amount of rainfall has delayed work.
There was a lightning strike at Well #7 that damaged the control panel. Mark Fournier has placed a claim with the insurance company for necessary repairs. Reliance Road and Summit Avenue are scheduled to be paved at the end of July. Residents' repairs to their curbing and sidewalks should be completed by the end of this week.
MANAGER'S REPORT:
BUILDING OFFICIAL'S REPORT: We received a written monthly report for the file.
Mark Fournier reported there are the usual grass cutting and inspection of contractor work keeping the building official busy.
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 is no update with regard to the sale of this property or zoning implementation. (C) Joseph Nitterour Zoning Application. Upon adoption of Ordinance No. 379, the use of this property situate at 261 W. Broad Street will be become conforming. Accordingly, there will be no need to further process the zoning application requesting a use variance. (D) There are no pending zoning applications at this time.
2. ASSESSMENT APPEALS. (A) MetPro Corp. There has been no Solicitor contact since the Settlement Stipulation was submitted by the Solicitor for court filing on May 5, 2009. A follow-up inquiry will be initiated. (B) Warren Lumber & Millwork, Inc. There remains no activity to report.
3. REVITALIZATION. Souderton/Telford Main Street Program aspects and issues continue to be discussed periodically with the Manager.
4. BUDGET. Budget aspects continue to be discussed with the Manager and Engineer in referencing various projects whether active or projected.
5. SKLAR ACCIDENT CLAIM. The Solicitor continues to review insurance carrier attorney submissions attempting to finalize the agreed settlement. A Plaintiff Release is required in addition to court filing to settle, discontinue and end the pending suit. Publication indicates somewhat recent plaintiff contact with law enforcement which might be impeding contact by the "special needs trust attorney."
6. CENTENNIAL PARK IMPROVEMENTS PROJECT. The ground cover issue continues to be addressed with the Manager and Engineer. Recent application of weed spray by the contractor has affected a large area. Retainage is being maintained until the Manager is satisfied with contractual compliance.
7. DELBAR TRACT SUBDIVISION. As last reported, final recording has been completed by the Solicitor. Accordingly, this item will be deleted from further report.
8. CHIPLEY CLAIM NOTICE. There remains no update on the Chipley Claim Notice.
9. CURBSIDE COLLECTION OF LEAF WASTE. The Solicitor has completed drafting of Ordinance No. 380 which revises Sections 11 and 12 of Ordinance No. 368 addressing handling, collection and disposal of leaf waste. The draft Ordinance was submitted to Mark A. Hosterman, Esquire, Solicitor for the Northern Montgomery County Recycling Commission for approval. Thereafter, the Ordinance was duly advertised. All Solicitor endeavors were coordinated with Stanley R. Nyce as Chairman of the Environmental Committee.
Accordingly, the Ordinance is appropriate for adoption at the July 6, 2009 Council meeting following public hearing.
10. LANDIS SUPERMARKET. By reason of land development at the Landis Supermarket and the Lutheran Community, traffic signals at the County Line and Church Road intersection require improvement. The mechanics and cost aspects of this project continue under discussion with the Manager and Engineer.
11. INDIAN VALLEY LIBRARY COMMISSION: There has basically been no activity subsequent to last report even though the Solicitor has remained in contact with Douglas Gifford, Esquire. By reason of Manager contact, it was determined that Souderton Borough apparently is also not inclined to participate in the Agreement as prepared.
12. BUCKS COUNTY WASTE MANAGEMENT PLAN: The Bucks County Solid Waste Management Plan Revision remains pending with the Manager and Solicitor.
13. ZONING ORDINANCE AMENDMENT: (A) The legal advertisements for public hearing and adoption of Ordinance No. 379 amending the Code of the Telford Borough Zoning Ordinance No. 100 have been completed. (B) On June 5, 2009, the Solicitor received and reviewed the Bucks County Planning Commission Review Summary of the proposed Telford Borough Zoning Ordinance and Map Revision. (C) On June 16, 2009, the Solicitor attended and participated in the Telford Borough Planning Commission Review Meeting to provide input and advice. The Planning Commission voted unanimously to recommend adoption "as is" to Telford Borough Council. Written confirmation has been received. (D) On June 19, 2009, the Solicitor attended a review conference with Mark Fournier, James Ennis, Richard O'Brien, and Robert Baker. Revisions suggested by the Bucks County Planning Commission were initiated where deemed appropriate. Responses were formulated to comments and questions by the Montgomery County Planning Commission. (E) Accordingly, Ordinance No. 379 is appropriate for adoption by Borough Council on July 6, 2009 following public hearing.
14. PA DEP NPDES STORMWATER PERMIT REQUIREMENTS. Permit aspects and requirements are being attended to by CKS Engineers, Inc. Subsequent to the Council presentation on June 1, 2009, CKS representatives attended a recent public hearing. Review comments will be drafted and submitted by July 2, 2009.
Solicitor Mark Weand reported the Nitterour zoning application has been resolved as of tonight's adoption of Ordinance No. 379. He has completed the recording of all documents related to the Delbar Tract. Mark Weand has not had contact from the Indian Valley Library Commission. He also reported review comments to the PA DEP NPDES Stormwater Permit Requirements have been drafted by CKS Engineers. A copy of the review comments were distributed to Council members for their perusal.
ENGINEER'S REPORT:
Mark Fournier reported the Lutheran Community at Telford has submitted updated plans that will be presented to the Planning Commission at the July 14th meeting.
COMMENTS FROM AUDIENCE:
Main Streets Manager Pamela Coleman presented the Townie Award and thanked everyone who attended the Heritage Conservancy event. Mark Fournier reported that in addition to the Heritage Conservancy Award, awards were received from Senator McIlhenny and Representative Murphy. The Townie Award is recognition on a statewide level for our revitalization efforts of our Telford Marketplace project. Pamela Coleman also distributed the schedule for the 2009 Indian Valley Farmer's Market. She also informed Council that Souderton-Telford Main Streets is developing forms available for anyone wishing to use the parking lot for events. The forms will be presented to the Chief of Police, Manager, and then to Borough Council.
Christopher Wales, on behalf of Grace United Methodist Church, addressed Council to request use of the parking lot for a car show on Wednesday, July 22nd.
A Harrell / Maxwell motion was carried unanimously (7-0) approving the use of the parking lot for a car show on Wednesday, July 22, 2009.
Council member Stanley Nyce asked Pamela Coleman if there is any further information regarding the funding of the Main Street and Elm Street Programs. She responded that at this time there are no funds allocated in the state budget. Mayor Jay Stover commented the library is facing a similar problem.
Resident Randy Pforter told Borough Council he has been a resident of Telford Borough for five (5) years and appreciates the good job Borough Council is doing.
FINANCE AND ADMINSTRATIVE COMMITTEE: Mr. Hillegass
A-1 A Hillegass / Landis motion was carried unanimously (7-0) approving the payment of bills in the amount of $189,328.92 for the month of June.
PLANNING & ZONING COMMITTEE: Mr. Maxwell
PZ-1 Ordinance No. 379, An Ordinance of Telford Borough Amending the Code of the Telford Borough Zoning Ordinance No. 100.
A Maxwell / Crouthamel motion was carried unanimously (7-0) approving the adoption of Ordinance No. 379, An Ordinance of Telford Borough Amending the Code of the Telford Borough Zoning Ordinance No. 100.
Robert Baker thanked everyone for their contribution to the ordinance. Stanley Nyce also commended the Montgomery County Planning Commission for their aid in developing this ordinance.
ENVIRONMENTAL COMMITTEE: Mr. Nyce
E-1 Ordinance No. 380, Amending Sections 11 and 12 of Ordinance No. 368, Curbside Leaf Waste Collection.
A lengthy discussion was held to further review this ordinance in relation to the previously adopted Ordinance No. 368. Manager Mark Fournier explained the purpose of this ordinance is to provide for penalties in the event of non-compliance of Ordinance No. 368. Mark Weand asked Stanley Nyce, who represents Telford Borough on the Commission, if the meetings are open to the public to which Stanley Nyce responded yes. Mark Weand further commented that Council members might possibly like to attend the next meeting on July 28th and present their comments.
A Nyce / Hillegass motion was made by Stanley Nyce and seconded by Scott Hillegass to adopt Ordinance No. 380, Amending Sections 11 and 12 of Ordinance No. 368, Curbside Leaf Waste Collection. This motion passed , 5 yea, 2 nay (5-2) with Jeffrey Maxwell and John Harrell voting nay.
PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE: Mr. Landis
PUBLIC SAFETY COMMITTEE: Mr. Harrell
PS-1 Telford Volunteer Fire Company Requests.
A Harrell / Crouthamel motion was carried unanimously (7-0) to approve Telford Volunteer Fire Company's requests to attend the Franconia PD DUI Checkpoint on June 12th; the Franconia Township Mango Men Concert (Fire Police) on July 22nd; the Upper Gwynedd Township Fire Company Engine 80 Housing and Parade on July 25th; the Annual Fire Company Picnic at the Pernie residence, Franconia Township (date/location change) on July 25th; the Souderton PD National Night Out on August 4th; the One Life One Chance Awareness Walk for Telford and Souderton (Fire Police requested) on September 19th.
PS-2 Fire Siren Discussion:
Council member John Harrell asked for the reason to keep the siren in place. Fire Chief Ray Fegley distributed a comprehensive written report analyzing decibels of volume, number of calls, etc. Resident Randy Pforter, having been a volunteer fireman at Willow Grove and Colmar, commented that each fire company determines the number of cycles of siren and the duration of each cycle. Resident James Siffel, who introduced this discussion at the June Borough Council meeting, explained he meant no disrespect in bringing the siren issue to Council's attention. He further thanked Ray Fegley for his report and recognized the amount of effort expended to address the issue. He commented he is pleased to learn how much the fire company is concerned about the welfare of borough residents and would they consider a shorter cycle. Ray Fegley thanked everyone for the opportunity to present the information on behalf of the Telford Volunteer Fire Company. He also reported the new ladder truck is almost complete and should be in service in approximately one (1) week.
DEVELOPMENT & CULTURE COMMITTEE: Ms. Crouthamel
OTHER BUSINESS:
Mark Fournier reported he has had a request for permission for the annual Univest Grand Prix to be held on Saturday, September 12th. He has discussed the route for this event with Police Chief Douglas Bickel. Douglas Bickel has also conferred with the postmaster and they recommend permission be granted.
A Harrell / Crouthamel motion was carried unanimously (7-0) to grant permission for the Univest Grand Prix contingent on receipt of a certificate of insurance.
The meeting was adjourned at 9:37 p.m. by a Nyce / Hillegass motion.
Respectfully Submitted,
Mark D. Fournier
Secretary
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