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, John Harrell, Stanley Nyce and Scott Hillegass.   Also present were Mayor Jay Stover, Manager Mark D. Fournier, Public Works Director Donald Beck, Recording Secretary Cathy Fried, Solicitor Mark E. Weand, Jr., Police Chief Douglas Bickel, Tax Collector Emiline Weiss, and press reporters. 

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

A Nyce / Crouthamel motion carried unanimously (7-0) approving the corrected December 8, 2008 minutes.

TREASURER'S REPORT:  no report.

MAYOR'S REPORT:   

Mayor Jay Stover attended the December Borough Council meeting, swore in six (6) fire police and met with the Library Committee.  Mayor Stover commented the Jessica Leshinskie Holiday Drive was a success and thanked Police Chief Douglas Bickel for the police department's efforts.

POLICE REPORT:    

Attached are our calls for service for the month of December.  I will submit an end of the year report at February's council meeting.

Our annual Christmas drive was a complete success.  We sponsored 36 families and provided gifts for 84 children.  Lieutenant Floyd will provide more details next month.

A letter that I received from Agent Kathleen Lochner, of the Federal Bureau of Investigation, is attached along with newspaper articles for your review.

FIRE REPORT:  no report 

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

Mayor Stover reported the library has done well during the year 2008.  The Library Committee is awaiting the completed plans.

PUBLIC WORKS REPORT:   

1. Centennial Park Phase II - Nothing at this time.

2.   Leaf Collection - Scheduled leaf collection is complete.  We will make one last pass on all streets, weather permitting, prior to storing the equipment for the season.

3.   Snow & Ice Removal - We salted and/or plowed streets on 12/6, 12/7, 12/16, 12/19, 12/20, 12/21, 12/24.

4.   Summit Avenue Paving - Nothing at this time.

5.   Christmas Tree - On 12/9 we harvested and erected the Christmas tree donated by Mr. & Mrs. John Urich.  On 12/10-12/11 we installed the writing, lights, side panels and anchoring.  On 12/12, our electrician modified the electric circuit to accommodate the required wattage.  On Friday night, 12/12, our tree was officially illuminated by Santa Claus and a good time was had by all in attendance.  Merry Christmas, Ho, Ho, Ho.

Council member Stanley Nyce commended the Public Works Director, Donald Beck, and the crew for the good job done on the roads during inclement weather and the work being done to maintain roads in the borough. 

MANAGER'S REPORT:   

• Reviewed various building / zoning permit applications and land development plans with the Zoning Officer and the Solicitor.
• Development of the Right to Know Policy.
• Attended various meetings with regard to Borough Council and Telford Borough Authority.
• Met with our Public Works Director regarding FIOS installation within Telford Borough.
• Met with our Solicitor and Lutheran Home officials regarding their PILOT agreement.
• Participated in the annual food / gift drive with the Police Department.
• Budget adoption.
• Coordinated review of the Draft Zoning Ordinance.

Manager Mark Fournier reported he has been working on the Right to Know Policy, review of the final draft of the zoning ordinance, and the Right of Way Clearing Project.

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

Mark Fournier commented there is follow up work being done regarding enforcement issues.  One instance is a building permit that is about to expire for modifications to a shed.  Stanley Nyce and John Harrell mentioned a few other properties that warrant inspection by the building inspector.

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. The Zoning Board issued its Order. The conditions have not been complied with. The property remains listed for sale. There has been no Solicitor contact. (C) Joseph Nitterour Zoning Application.  This Application will be resolved upon adoption of the new Zoning Ordinance at which time the property use will become conforming. (D)  There are no pending zoning applications at this time.

2. ASSESSMENT APPEALS. (A) MetPro Corp. There remains no contact. (B) Warren Lumber & Millwork, Inc. There remains no activity. (C) Lutheran Community at Telford. As previously indicated, Bucks and Montgomery Counties have granted exemption status to the various parcels which comprise the Lutheran Community. On December 16, 2008, the Solicitor met with Mark Fournier, Terry Kolaz and James F. Kratz, Esq. to discuss the terms of a PILOT Agreement with Telford Borough. The March 11, 2008 Agreement for a segment of the total ownership area was reviewed with representation of acceptability by Telford Borough for the entire entity. The extent of assessment enhancement by reason of the Delbar segment expansion was referenced. A summary report will be provided to Council at Executive Session for Solicitor and Manager direction at subsequent discussions.

3. REVITALIZATION. Souderton/Telford Main Street Program issues continue to be referenced with the Manager. As Telford participation continues, this will remain a report reference item.

4. BUDGET. The 2009 General Fund Budget and Tax Levy Ordinance were approved by Council on December 8, 2008. Budget items will continue to be referenced with the Manager during the course of the year as various issues arise.

5. RYAN COURT (ERIE AVENUE TRACT). The closeout requirements for the Ryan Court development were completed on December 8, 2008 when Council approved Ordinance No. 374 providing for acceptance of the Welker Street Alley. Dedication of Borough and Authority facilities has been completed. Accordingly, this item will be deleted from further report.

6. SKLAR ACCIDENT CLAIM. Recent discussions by the Solicitor with Siana Bellwoar & McAndrew have been directed toward formulating an approach for resolution. Certain initiatives have been implemented to resolve this nuisance litigation. A detailed report will be provided to Council at Executive Session.

7. CENTENNIAL PARK IMPROVEMENTS PROJECT. (A) Activity to resolve the ground cover issue will be initiated in the spring. The Solicitor, however, continues to confer with the Manager and Engineer to formulate overtures to the contractor. (B) Implementation of a restrictive covenant remains pending with the Solicitor.

8. DELBAR TRACT SUBDIVISION. A Roadway Deed of Dedication and a Grant & Bill of Sale is required for project closeout. These documents will be prepared by the Solicitor at the appropriate time when the required information is provided by the Engineer.

9. CABLE FRANCHISE. (A) On December 8, 2008, Council adopted Ordinance No. 376 accepting the Comcast Cable Franchise Agreement and Ordinance No. 377 accepting the Verizon Cable Franchise Agreement. Subsequently, the Solicitor reviewed the Verizon Franchise Bond as submitted on December 11, 2008 and found it acceptable. Thereafter, Verizon submitted Notice of Service Date pursuant to Section 1.29 of Verizon's Franchise Agreement. The Service Date of the Agreement was December 16, 2008.

10. CHIPLEY CLAIM NOTICE. The Solicitor continues to confer with Siana, Bellwoar & McAndrew pertaining to this claim. Request for submission of the formal demand package to the Borough insurance carrier has been made by the Solicitor. A follow-up request has been made, however, the Solicitor has not had the benefit of the material for review and comparison to the private investigation conducted by Telford Borough and its police department.

11.   CURBSIDE COLLECTION OF LEAF WASTE.  The Solicitor must confer with the Manger and initiate a contact with the Solicitor for the Northern Montgomery County Recycling Commission pertaining to a request for amendment to Ordinance No. 368 to address handling, collection and disposal of leaf waste.

12.   LANDIS SUPERMARKET.  The Solicitor continues to confer with the Manager and Engineer pertaining to Traffic Signal Improvement at the County Line and Church Road intersection.  The expansion project is also reviewed for aspects that affect the Borough.

13.   INDIAN VALLEY LIBRARY COMMISSION:  There remains no update with the regard to the proposed Intermunicipal Agreement and adopting Ordinance.  

14.   BUCKS COUNTY WASTE MANAGEMENT PLAN:  The Bucks County Municipal Solid Waste Management Plan Revision continues under review with the Manager.

15.   ZONING ORDINANCE AMENDMENT:  The Solicitor has reviewed the revised draft of Chapter 27 Zoning as received by the Borough from the Montgomery County Planners on December 4, 2008.  The Solicitor has also initiated a coordination contact with Richard O'Brien of Keystone Municipal Services, Inc., the Borough Zoning/Building Official.  It is projected that no further committee meetings will occur.  All required editing will be done internally for presentation to Council for subsequent adoption.  Legal advertising and property posting will be coordinated with the Manager and Borough staff personnel.

16.   OPEN RECORDS LAW:  The Solicitor prepared a Right to Know Policy for Public Records for Telford Borough and Telford Borough Authority to comply with the new Right to Know Law which becomes effective January 1, 2009.  Adopting Resolutions were also prepared in addition to a set of Public Record Request Forms to be utilized by staff personnel to process requests for document review and duplication.  On December 18, 2008, Telford Borough Authority adopted an Open Records Resolution.  Adoption of an identical Resolution by Telford Borough on January 5, 2009 would also be appropriate.

Solicitor Mark Weand gave a brief review of his report.  Rock Community Church will continue to be an item on his report because the zoning conditions have not been complied with.  There has been no contact with Mark Fournier and himself.  Mark Weand and Mark Fournier participated in a meeting on December 16^th with Lutheran Community at Telford to discuss the PILOT Agreement.  Mark Weand referenced the PILOT Agreement dated March 11, 2008 that pertains to one (1) parcel; however, Bucks and Montgomery Counties

have granted Lutheran Home at Telford exemption for seven (7) parcels.  The PILOT Agreement currently being negotiated will include all seven (7) parcels.  All closeout requirements have been met regarding Ryan Court.  This item will not be included on future reports.  Closeout procedures have begun for the Sklar accident claim.  The Roadway Deed of Dedication and Grant and Bill of Sale will be prepared as required for closeout of the Delbar Tract Subdivision project at the appropriate time.  CKS is preparing a punch list of items to be accomplished.  The Comcast and Verizon agreements were signed and ordinances were adopted at the December Council meeting.  Verizon has followed through and has submitted their franchise bond which has been reviewed and is acceptable.  The Verizon agreement is in full force.  Comcast is waiting for the agreement to be signed by their representative.  The franchise bond will be prepared by the Comcast legal department because they are self-insured.  The documents will be submitted to Mark Fournier to be reviewed by Mark Weand.  Mark Weand reported the final draft of the zoning ordinance has been received from the Montgomery County Planning Commission.  The draft has been reviewed by Mark Weand, Mark Fournier and the Building / Zoning Official, Richard O'Brien.  Mark Weand reported he developed a Right to Know Policy for both Telford Borough and Telford Borough Authority.    

ENGINEER'S REPORT:   

Mark Fournier reported the engineer has completed a first draft review letter for Lutheran Home at Telford to give them an opportunity to clear up some of the deficiencies before presentation to the Planning Commission.

COMMENTS FROM AUDIENCE:  none

 FINANCE AND ADMINSTRATIVE COMMITTEE:  Mr. Hillegass

A-1       A Hillegass / Maxwell motion was carried unanimously (7-0) adopting Resolution 09-01, Telford Borough Right-to-Know Policy for Public Records.

A-2       A Hillegass / Crouthamel motion was carried unanimously (7-0) designating Univest National Bank, Quakertown National Bank and First Savings Bank of Perkasie as depositories for Borough funds.

A-3       A Hillegass / Landis motion was carried unanimously (7-0) authorizing Borough Manager to advertise bids for goods and services.

A-4       A Hillegass / Nyce motion was carried unanimously (7-0) to reappoint Mark D. Fournier as Secretary of Telford Borough Council.

A-5       A Hillegass / Crouthamel motion was carried unanimously (7-0) to reappoint Daphne Hollowbush as Treasurer of Telford Borough.

A-6       A Hillegass / Landis motion was carried unanimously (7-0) authorizing the Finance Director to borrow monies from the Telford Borough Authority as necessary.

A-7       A Hillegass / Crouthamel motion was carried unanimously (7-0) passing Resolution No. 09-02 to exempt participating full-time paid policemen from contributing one percent of their wages to the police pension fund for the year 2009.

A-8       A Hillegass / Landis motion was carried unanimously (7-0) reappointing Donald Ziegler to the Telford Industrial Development Authority, term to expire 1/1/14.

A-9       A Hillegass / Landis motion was carried unanimously (7-0) reappointing Stanley R. Nyce, Council representative to the Northern Montgomery County Recycling Commission, term to expire 1/1/15; Harry L. Krapf and Lester N. Freed to the Zoning Hearing Board, term to expire 1/1/12; John Beidler to the Recreation Board, term to expire 1/1/13; Robert L. Rahn to the Civil Service Commission, term to expire 1/1/12; Emiline I. Weiss to the Vacancy Board, term to expire 1/1/10.

A-10     A Hillegass / Harrell motion was carried unanimously (7-0) authorizing the signing of the Health Reimbursement Account Contract for Telford Borough Police Department by the appropriate Borough officials.

PLANNING & ZONING COMMITTEE:  Mr. Maxwell

ENVIRONMENTAL COMMITTEE:  Mr. Nyce

Stanley Nyce reported he will be attending a committee meeting tomorrow.

PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE:  Mr. Landis

PW-1    Ballfield Request Form.

            A discussion was held concerning a Ballfield Request Form that was developed by Parks & Recreation Foreman Gary Yoder.  Further discussed were the on-going issues of adequate parking spaces and the need for a fee analysis to be charged to organizations using the ballfields.  It was the general consensus of Borough Council that there is a need to customize the request form to accommodate the type of uses of the ballfields and to secure as much information about the various organizations using the fields as possible.  Further, it was the consensus of Council to research fees being charged by other municipalities and townships in the area and come back to Council with a recommendation. 

PUBLIC SAFETY COMMITTEE: Mr. Harrell

PS-1     List of Activities for 2009 for the Telford Volunteer Fire Company and Auxiliary.

            A Harrell / Crouthamel motion was carried unanimously (7-0) approving the list of activities for the Telford Volunteer Fire Company for the year 2009.

            February 9                     Hoagies

            March 1                        Breakfast

            March 21                       Annual Fire Company Banquet @ Tylersport

            April 11                         Egg Hunt

            April 13                         Hoagies

            May 8, 9                       Mother's Day Flower Sale

            June 6                           Bucks County Fireman's Parade

            June 8                           Hoagies

            July 18                          5^th District Water Battle @ Towamencin

            August 1                       Annual Fire Company Picnic @ Telford VFW

            August 18                     Annual Fire Company Steak Fry @ Telford VFW

            September 5                  Univest Bike Race, Fire Police Help

            September 24-27           Annual PA State Firemen's Convention

            September 26                Penny Auction

            September 27                West Rockhill Septemberfest

            October 3-16                 Fire Prevention Activities, School Programs and Open House

            October 12                    Hoagies

            October 25                    Breakfast

            November 21                 Filling Sale

            December 5                   Souderton Holiday Parade

            December 11                 Telford Tree Lighting

            December 15                 Annual Holiday Party at Station, for area Emergency Orgs.

            December 19                 Annual Santa Run around Telford area

DEVELOPMENT & CULTURE COMMITTEE:   Ms. Crouthamel

OTHER BUSINESS:   

Mark Fournier reported that in their annual audit, Styer Associates has suggested that Telford Borough develop and adopt a fraud policy.

A Harrell / Crouthamel motion was carried unanimously (7-0) to approve and adopt the Telford Borough Fraud Policy.

Council member Jeffrey Maxwell exited the meeting at 8:53 p.m.

Borough Council entered executive session at 8:53 p.m.

Borough Council exited executive session at 9:19 p.m. 

A Harrell / Nyce motion was carried unanimously (6-0) approving the increase in salary of the Tax Collector to $7,750 for tax year 2010, $7,800 for tax year 2011, $7,850 for tax year 2012 and $7,900 for tax year 2013.

The meeting was adjourned at 9:20 p.m. by a Landis / Crouthamel motion.

Respectfully Submitted,

Mark D. Fournier

 Secretary