The Telford Borough Council meeting held this date was called to order at 7:30 p.m. by President Robert Baker with the following members in attendance:  J. Allen Landis, Carolyn Crouthamel, Jeffrey Maxwell and Scott Hillegass.  Stanley Nyce arrived at 7:32 p.m. John Harrell was absent.  Also present were Mayor Jay Stover, Manager Mark D. Fournier, Recording Secretary Cathy Fried, Solicitor Mark E. Weand, Jr., Public Works Director Donald Beck, Police Chief Douglas Bickel and press reporters.    In the audience were Dominic Spear of Boy Scout Troop 51, Kyle Valdes, John Hulik, Ryan Kierstan and Bonnie Bergin of Boy Scout Troop 214 and borough resident Linda Morris. 

The invocation was given by Carolyn Crouthamel, followed by the pledge of allegiance.

A Crouthamel / Maxwell motion was carried unanimously (6-0) approving the August 3, 2009 minutes.

TREASURER'S REPORT:   was unanimously (6-0) approved by a Hillegass / Crouthamel motion.  

MAYOR'S REPORT:   

Mayor Jay Stover reported he attended the August Borough Council meeting.

POLICE REPORT: 

Attached are our service calls for the month of August and citations issued for the month of July and August.

In addition to routine, assigned shifts:

1. Lieutenant Floyd attended several meetings and trainings; see his report.

2. Officer Fox attended a weeklong (free) course entitled Introduction to Basic Drug Intelligence Analysis at Fort Indiantown Gap.

3. Officer Minninger attended the monthly North Penn Tactical Team practice and an update class for his Taser Training Certification.

4. Officer Kim participated in a North Penn DUI checkpoint.

5. Officer McGinness participated in Souderton Borough Police Department's National Night Out.

I have attached a letter of thanks that we received this month from a borough resident.

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

LIBRARY REPORT:  No report.

PUBLIC WORKS REPORT:  

1. Stover Park - During the month of August, we have been receiving materials to complete the lighting at Stover Park. When all items are received, Swartley Bros. will begin installation of wiring and components.

2.   Mowing - Mowing of Borough buildings, parks and athletic fields is on-going as required.

3.   Line Striping - Installation of crosswalk and traffic control markings was performed by Gary Yoder and our parks summer crew.  Also, the Penn Avenue parking lot and the Public Works parking lot were repainted.

4.   Centennial Park - A planter for Centennial Park was installed along Third Street and a new park sign will be placed there.  This is similar to the signs at Stover Park and Summit Avenue Park.  Also, a fence was installed at the rain garden and additional fencing was installed around the portable toilet pad.

Council member Jeffrey Maxwell asked if sidewalks will be installed at the Harleysville Savings Bank.  Manager Mark Fournier responded that sidewalks will be installed at the front of the property.

MANAGER'S REPORT:

Reviewed various building / zoning permit applications and land development plans with the Zoning Officer and the Solicitor.

• Attended various meetings with regard to Borough Council and Telford Borough Authority.
• Completed an inspection of the Centennial Park project.
• Coordinated a meeting with the Lutheran Community engineers and their staff with our engineer and staff to discuss water and sewer design and general planning issues.
• Met with a resident regarding a stormwater issue on her property.
• Met with a company regarding electronic bidding requirements.
• Met with a potential business owner on moving into a light industrial property on Washington Avenue.

Manager Mark Fournier reported the latest plans for Lutheran Community at Telford are being reviewed by CKS Engineers.  He met with a borough resident regarding a storm water issue.  Mark Fournier also reported he had a meeting regarding electronic bidding.  He also mentioned the Revitalization Plan Update Committee and the Subdivision / Land Development Ordinance Task Force.  He further highlighted a few of the projects in progress by the Authority. 

Mark Fournier reported the Subdivision / Land Development Ordinance Task Force meeting is scheduled for Monday, September 21^st at 7:30 p.m.

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

Questions were asked by Council members regarding properties listed on the report as failing the Use & Occupancy inspection that will require a building permit because renovations were made without the proper permits.  These properties will require re-inspection.  Mark Fournier indicated he would check into the situations questioned and report back to the Council members.

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) Indian Valley Public Library Zoning Application. The Solicitor has received notice from special counsel Michael E. Furey, Esquire that the Zoning Board Hearing on the Indian Valley Public Library zoning application will be conducted on Wednesday, September 9, 2009 at 7:30 p.m. This application involves a variance from setback requirements pertaining to a proposed expansion at premises situate 100 E. Church Avenue. At last meeting, Council determined to take no position with regard to this application. Accordingly, there will be no attendance at the Zoning Board proceeding. (C) There are no other pending zoning applications at this time.

2. ASSESSMENT APPEALS. There remains no activity with regard to the Warren Lumber & Millwork, Inc. appeal which remains pending.

3. REVITALIZATION. The Solicitor continues to reference all aspects of the Souderton/Telford Main Street Program with the Manager.

4. BUDGET. Budget aspects continue to be discussed with the Manager and Engineer on an ongoing basis.

5. SKLAR ACCIDENT CLAIM. Efforts to finalize the agreed settlement have not materialized. Accordingly, a Motion to Enforce Settlement was filed with the Court on behalf of defendants Gross. Thereafter, Thomas X. McAndrew, Jr., Esquire filed an answer on behalf of defendant Telford Borough indicating concurrence with the Motion to Enforce Settlement indicating that obtaining the signature of plaintiff should not prove difficult as she remains incarcerated at the Montgomery County Prison on criminal charges unrelated to the pending lawsuit.

6. CENTENNIAL PARK IMPROVEMENTS PROJECT. To reach resolution of the ground cover issue, the Engineer submitted correspondence to S&H Landscaping Contractor on August 28, 2009 advising that the full retainage would be released upon successful completion of this contract aspect. Failing same, a "Final Estimate" will be prepared and processed for a release of one-half of the retainage. Accordingly, the resolution option now rests with the contractor.

7. CHIPLEY CLAIM NOTICE. The Solicitor has received and reviewed correspondence submitted by the attorney for IRM dated August 20, 2009 denying liability and setting forth the legal basis for this position. The Solicitor subsequently conferred with Thomas X. McAndrew, Jr., Esquire to discuss all aspects of the claim, discussions with opposing counsel, and intended approach. A response remains pending from opposing counsel who indicated that she would confer with her client.

8. CURBSIDE COLLECTION OF LEAF WASTE. As previously referenced Ordinance No. 380 addressing handling, collection and disposal of leaf waste was adopted by Council on July 6, 2009. A motion designating Barnside Farm Composting Facility as an approved drop off location for leaf and yard waste was adopted by Council on August 3, 2009. Accordingly, Telford Borough is now compliant with the Northern Montgomery County Recycling Commission requirements, whereby this item will be deleted from further report.

9. LANDIS SUPERMARKET. The cost aspects of the traffic signals at the County Line and Church Road intersection which require improvement continue under discussion with the Manager and Engineer.

10. INDIAN VALLEY LIBRARY COMMISSION: There has been no Solicitor contact since last report.

11. BUCKS COUNTY WASTE MANAGEMENT PLAN: The Bucks County Solid Waste Management Plan Revision remains pending with the Manager and Solicitor.

12. ZONING ORDINANCE AMENDMENT: The legal requirements following adoption of Ordinance No. 379 amending the Code of the Telford Borough Zoning Ordinance No. 100 as adopted on July 6, 2009 have been addressed by the Manager and Solicitor. Accordingly, this item will be deleted from further report.

13. PA DEP NPDES STORMWATER PERMIT REQUIREMENTS. All aspects of the PA-DEP draft NPDES Phase II Stormwater Permit Program Modifications continue to be addressed with the Manager and Engineer. The written comments prepared by CKS have been submitted. CKS representatives continue to attend various meetings and provide status reports on this initiate. This item will continue under close scrutiny for participation as the ramifications could be significant to the Borough.

14. LUTHERAN COMMUNITY AT TELFORD. As previously represented, the Lutheran Community made a plan presentation pertaining to Phase I to the Borough Planning Commission on July 14, 2009. A suplemental review meeting was not conducted in August as projected. A second review presentation will probably not occur until October as considerable water/sewer engineering requires revision.

15. FIRE COMPANY SIREN. The Solicitor has received no contact subsequent to the public warning fire siren information presentation by Chief Ray Fegley on July 6, 2009.

Solicitor Mark Weand reported the Indian Valley Public Library application for zoning variance was considered by the Zoning Hearing Board on September 9^th.  He also reported further the engineering plans for the Lutheran Community at Telford requires refinement before being considered by the Planning Commission.

ENGINEER'S REPORT: 

Mark Fournier reported the mandates for storm water TMDL's have been delayed until June, 2011.  He will be testifying before the Science Advisory Board in Washington, DC on September 9^th.  Solicitor Mark Weand will also attend.  Mark Weand mentioned pictures taken by Mark Fournier of sections of the Indian Creek that will be presented at the hearing.  Timothy Hagey, Authority Board Chairman, will also be attending the hearing.

COMMENTS FROM AUDIENCE:

Bonnie Bergin, with the Boy Scouts Troup No. 214 explained their presence at the meeting is to satisfy a Merit Badge requirement.  She thanked Borough Council for allowing them to attend the meeting and asked for definition of SALDO, UCC and TMDL.  Mark Fournier explained SALDO is Subdivision / Land Development Ordinance, UCC is Uniform Construction Code and TMDL is Total Maximum Daily Load.

FINANCE AND ADMINSTRATIVE COMMITTEE:  Mr. Hillegass

A-1       A Hillegass / Landis motion was carried unanimously (6-0) approving the payment of bills in the amount of $223,838.82 for the month of August.

A-2       A Hillegass / Crouthamel motion was carried unanimously (6-0) to appoint Telford Borough Tax Collector Emiline Weiss to the Tax Collection Committee as Primary voting delegate and Souderton Area School District Business Director Robert P. Bruchak as Alternate voting delegate.

A-3       A Hillegass / Nyce motion was carried unanimously (6-0) to appoint Mark Fournier as the Chief Administrative Office for the Police and Non-Uniformed Pension Plans through the Pennsylvania Municipal Retirement System (PMRS).

A-4       A Hillegass / Maxwell motion was carried unanimously (6-0) to adopt the Minimum municipal Obligation for the year 2010 for the Non-Uniform Pension Plan in the amount of $103,860.

A-5       A Hillegass / Landis motion was carried unanimously (6-0) to adopt the Minimum Municipal Obligation for the Police for the year 2010 in the amount of $0.

PLANNING & ZONING COMMITTEE:  Mr. Maxwell

PZ-1     Mark Fournier apologized to Mayor Stover for neglecting to invite him to be a member of the SALDO Task Force Committee.  It was the consensus of Council that Mayor Stover be a member of the Committee and he accepted.

            A Maxwell / Crouthamel motion was carried unanimously (6-0) appointing Carolyn Crouthamel, David Musselman, Douglas Bickel, Gary Yoder, Jason Searock, Richard O'Brien, Wendy Leshinskie, Stanley Nyce, Jeffrey Maxwell, Mayor Jay Stover, and Mark Fournier to the Subdivision / Land Development Ordinance Task Force.

ENVIRONMENTAL COMMITTEE:  Mr. Nyce

E-1       Council member Stanley Nyce introduced the subject of a single trash hauler for the Borough of Telford.  A discussion was held regarding the pros and cons of a single trash hauler for the Borough.  Mark Weand explained the system being used in the area in which he resides.  It was the consensus that Council members consider this option and that it be discussed further at a future meeting.

PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE:  Mr. Landis

PUBLIC SAFETY COMMITTEE: Mr. Harrell

DEVELOPMENT & CULTURE COMMITTEE:   Ms. Crouthamel

DC-1     A Crouthamel / Hillegass motion was carried unanimously (6-0) to accept the three-year Indian Valley Regional Planning Commission Community Planning Assistance Contract in the amount of $3,000. per year.

Jeffrey Maxwell left the meeting at 8:45 p.m.

OTHER BUSINESS:

Mark Fournier reported he has received communication from Anna Linn of DVHIT regarding health care coverage for children up to the age of 30.  DVHIT will provide more details so this matter can be discussed at a later date.

The invitation for the upcoming Classic Towns of Greater Philadelphia Reception was distributed to Council members.  Mark Fournier asked that anyone interested in attending contact him.

EXECUTIVE SESSION:

The Council entered into executive session at 8:47 p.m. to discuss personnel matters.

The Council exited executive session at 9:10 p.m.  No action taken.

The meeting was adjourned at 9:10 p.m. by a Hillegass/ Crouthamel motion.

Respectfully Submitted,

Mark D. Fournier

Secretary