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, John Harrell, Stanley Nyce and Scott Hillegass. Jeffrey Maxwell was absent. 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, Souderton-Telford Main Streets Manager Pamela Coleman and press reporters.

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

A Crouthamel / Hillegass motion was carried unanimously (6-0) adopting Resolution 09-03, the Filing of a Proposal for Funds with Souderton Borough as Lead Agency, for Funds from the Commonwealth of Pennsylvania, Department of Community and Economic Development (DCED).

Souderton-Telford Main Streets Manager Pamela Coleman explained the purpose of the amendments to the By-Laws is to meet the criteria of the IRS to qualify with a 501C3. She commented the close relationship with both boroughs will continue. She also distributed the Five-Year Report.

A Harrell / Crouthamel motion was carried unanimously (6-0) adopting the Amendments to the By-Laws of the Souderton-Telford Community Development Corporation.

A Landis / Crouthamel motion was carried unanimously (6-0) approving the January 5, 2009 minutes.

TREASURER'S REPORT:

A Crouthamel / Nyce motion was carried unanimously (6-0) approving the December, 2008 Treasurer's Report.

A Hillegass / Landis motion was carried unanimously (6-0) approving the January, 2009 Treasurer's Report.

MAYOR'S REPORT:

Mayor Jay Stover attended the Library Board meeting. He also attended the Key Communicator's meeting at the school district office.

POLICE REPORT:

Attached are our calls for service comparing the totals from 2007 and 2008. You will notice a substantial increase in our overall totals for 2008. This is due in part to a change in our reporting. In years past certain calls were only an entry on an officer's daily log. This past year we implemented a change in our reporting to include most police contacts be entered into our police software system. One example of this increased change is 'Traffic Enforcement - Written Warnings'. You will see that there is no total for 2007. Written warnings have always been issued to offenders, but we never entered the vehicle and driver's information into our database before.

You will also see, however, an increase in personal crimes such as assaults, simple assaults and domestics. These crimes have always been entered into our database; we have just been experiencing an increase in this type of crime.

Lieutenant Floyd's report for the month of January 2009 is attached.

Reports for the month of January 2009 are also attached.

Council member Stanley Nyce commented that he is concerned about the increase of some types of crime in Telford Borough. Police Chief Douglas Bickel responded the Police Department purchased new software that enables more in-depth reporting.

FIRE REPORT: no report

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

Mayor Stover commented that both the 2008 Annual Report and the January, 2009 report have been received.

PUBLIC WORKS REPORT:

Snow & Ice Removal - Our crew salted streets, or plowed, or cleared sidewalks on the following dates: 1/10, 1/11, 1/12, 1/15, 1/18, 1/19, 1/20, 1/24, 1/27, 1/28, 1/29.

2. Boro Buildings - We are in the process of renovating a room in the basement of Borough Hall to create much needed file and document storage. Also, we will be addressing moisture and mildew problems in the basement of the Community Building.

3. Curb & Sidewalk Notices - In February we will be sending out curb and sidewalk replacement / repair notices to property owners along Summit Avenue between School Lane and Main Street; and Reliance Road between Third Street and the R/R crossing.

Public Works Director Donald Beck reported the public works crew has been busy with water main breaks and salting. Also, two (2) employees are on sick leave due to having had surgeries. Stanley Nyce questioned the amount of salt being used this winter compared to the budgeted amount. Mark Fournier responded the amount spent for salt is over budget and November and December snows are yet to be considered.

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.
• Coordinated review and completion of the Draft Zoning Ordinance.
• Met with a property owner on East Broad Street regarding potential development of his property and an adjacent property.
• Performed a walk-through building inspection of the Bier Garten property on Main Street.
• Participated in the Chamber of Commerce - Job Shadowing project hosting two Souderton students.
• Attended the Montgomery County Borough's Association monthly meeting.
• Met with Senator Greenleaf and Representative Gerber to discuss issues relating to Boroughs.
• Attended the Souderton Area School District Key Communicators meeting.
• Presented the Indian Valley Rotary Club with a report of planned activities and programs for 2009 in Telford Borough.
• Met with the Lutheran Home and its consultants and the Telford Borough Engineer to discuss their project and engineering details.
• Attended the Partnership TMA monthly Board meeting to discuss various transportation initiatives.
• Met with our Solicitor to discuss various potential litigation.

Manager Mark Fournier reported he was shadowed by two (2) students as part of the job shadowing event of the Indian Valley Chamber of Commerce. He also met with Lutheran Community at Telford to discuss their project. Telford Borough will be receiving a few bike racks from Partnership TMA.

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

Mark Fournier commented that because the present resale market is down, there are very few inspections of properties for the purpose of use & occupancy certification.

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 property remains listed for sale with no Solicitor contact to report. (C) Joseph Nitterour Zoning Application. As previously reported, the property use will become conforming upon adoption of the new Zoning Ordinance. (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 to report. (C) Lutheran Community at Telford. Following last Council meeting and discussion at Executive Session, the Solicitor has initiated several calls to James F. Kratz, Esquire,. to discuss the terms of a PILOT Agreement with Telford Borough. It has been represented that an agreement would be submitted this date for Solicitor review with Council.

3. REVITALIZATION. The most recent issues reviewed by the Solicitor with regard to the Souderton/Telford Main Street Program pertain to DCED Funding and Bylaw amendments. A presentation for resolution adoption will be presented to Council this evening.

4. BUDGET. Budget items continue to be referenced with the Manager.

5. SKLAR ACCIDENT CLAIM. Resolution endeavors have been initiated to resolve this nuisance litigation. All communication continues to be reviewed by the Solicitor. In response to a motion filed by defendants Gross, the Montgomery County Court of Common Pleas issued an order dated January 20, 2009 compelling the depositions of Sandy Sklar within twenty days or risk appropriate sanctions. Plaintiff's availability for depositions has been an issue since the outset of this litigation.

6. CENTENNIAL PARK IMPROVEMENTS PROJECT. (A) The Solicitor continues to confer with the Manager and Engineer to formulate approach for ground cover issue resolution this spring. (B) The restrictive covenant remains pending.

7. DELBAR TRACT SUBDIVISION. A Roadway Deed of Dedication and a Grant & Bill of Sale are required for project closeout. These documents will be prepared by the Solicitor since the required information has been provided by the Engineer. In the interim, punch list items are being attended to.

8. CABLE FRANCHISE. Since last report, the Solicitor has received and reviewed the Cable Franchise Bond for Comcast of Southeast Pennsylvania LLC and the required certificate of liability insurance. The propriety of both submissions was confirmed with the Manager.

9. CHIPLEY CLAIM NOTICE. The Solicitor has been provided with the demand package of the Estate of Thomas Chipley. This extensive material has been reviewed with the Manager with provision for copying. The Manager in turn has received review input from the Public Works Director and the Chief of Police. A meeting will be scheduled with Thomas X. McAndrew, Jr., Esquire, to provide the benefit of all review comments.

10. CURBSIDE COLLECTION OF LEAF WASTE. Subsequent to last report, a contact has been initiated with the Solicitor for the Northern Montgomery County Recycling Commission. Material has been received pertaining to an amendment to Ordinance No. 368 to address handling, collection and disposal of leaf waste. The preparation of this amending Ordinance is currently pending with the Solicitor.

11. LANDIS SUPERMARKET. The Solicitor continues to review this project with the Manager and Engineer for aspects that affect the Borough. Service-related agreements will pertain only to the Authority. Traffic Signal Improvement at the County Line and Church Road intersection, however, does pertain to the Borough.

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

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

14. ZONING ORDINANCE AMENDMENT: The revised draft of Chapter 27 Zoning has been reviewed by the Solicitor. On January 29, 2009 the Solicitor attended a meeting with Mark Fournier, Richard O'Brien and Robert Baker for final editorial comment. A checklist will be provided to the Montgomery County Planners by the Borough Zoning/Building Official. Thereafter, legal advertisement and property posting will commence.

15. OPEN RECORDS LAW: On January 5, 2009, Borough Council adopted an Open Records Resolution for compliance with the new Right to Know Law which became effective January 1, 2009. Accordingly, this represents a completed item and will be deleted from further report.

16. 2008 AUDIT: The Solicitor has been requested by Styer Associates to provide an opinion pertaining to the audit of the 2008 financial statements of the Borough of Telford. Directional guidelines have been considered. All pending Telford Borough matters are being reviewed for request compliance.

Solicitor Mark Weand briefly highlighted a few of the items from his report. There is nothing further to report with regard to Rock Community Church and Nitterour. Regarding Luther Community at Telford, Mark Fournier distributed a copy of the proposed Payment in Lieu of Taxes Agreement. Mark Weand commented the Agreement is compliant with terms discussed at a previous meeting.

A Hillegass / Crouthamel motion was carried unanimously (6-0) to accept the Payment in Lieu of Taxes Agreement as presented and authorize the appropriate officials to sign the Agreement.

Mark Weand reported the documents have been received from Comcast Cable and they are compliant. He has been in contact with the solicitor for the Northern Montgomery Recycling Commission regarding the requested amendment to Ordinance No. 368. A meeting was held to discuss the final draft of the proposed zoning ordinance. Styer Associates requested that Mark Weand provide an opinion regarding pending matters. He will respond to their request sometime this month.

ENGINEER'S REPORT:

Mayor Jay Stover questioned the possibility work being done to the traffic signal light at East Church Avenue and Main Street. Mark Fournier reported it is not in this year's budget.

COMMENTS FROM AUDIENCE:

Tax Collector Emiline Weiss commented that some landlords in Telford Borough are not providing updated Landlord/Tenant Registration Forms. The forms are enclosed with tax bills. This non-compliance has an effect on the amount of earned income tax collected. John Harrell asked if rental properties are inspected between tenants. Mark Fournier responded there are no inspections of rental properties. He further commented the Borough office staff will place a greater emphasis on follow-up to obtain the necessary information.

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 $333,510.08 for the month of December, 2008.

A Hillegass / Crouthamel motion was carried unanimously (6-0) approving the payment of bills in the amount of $158,021.17 for the month of January,2009.

A-2 A Hillegass / Crouthamel motion was carried unanimously (6-0) reappointing Nelson C. Moll to the Telford Borough Authority, term to expire 1/1/14; Abram L. Diehl to Pennridge Wastewater Treatment Authority, term to expire 1/1/13.

A-3 A Hillegass / Nyce motion was carried unanimously (6-0) to forward the list of unpaid per capita taxes to H. A. Berkheimer Associates for collection.

PLANNING & ZONING COMMITTEE: Mr. Maxwell

PZ-1 A Crouthamel / Hilleass motion was carried unanimously (6-0) authorizing the appropriate officials to sign the Montgomery County Planning Assistance Contract.

ENVIRONMENTAL COMMITTEE: Mr. Nyce

Stanley Nyce presented a check to Mark Fournier in the amount of $15,877 representing the 2006 recycling grant. He asked if anyone would provide the names of any individuals to be considered for an award for doing a good job of recycling. He also commented that recycling is not as profitable as it has been in the past.

PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE: Mr. Landis

PW-1 Mark Fournier reported that curbing and sidewalk notices will be mailed this week to property owners on Summit Avenue and Reliance Road.

PUBLIC SAFETY COMMITTEE: Mr. Harrell

PS-1 A Hillegass / Landis motion was carried unanimously (6-0) to approve Telford Fire Company's request to attend Franconia Police Night Out on August 4, 2009.

DEVELOPMENT & CULTURE COMMITTEE: Ms. Crouthamel

OTHER BUSINESS:

Council entered into executive session at 8:54 p.m. to discuss personnel matters.

Council closed executive session at 10:20 p.m.

A motion was made by John Harrell and seconded by Stanley Nyce to increase the salary of Brian Kopp, skilled laborer, $2.17 per hour to $21.64 per hour. Further, this action is contingent upon Telford Borough Authority approval and to be effective February 12, 2009. This motion passed unanimously (6-0).

A motion was made by Carolyn Crouthamel and seconded by Stanley Nyce to increase the salary of Diane Windfelder, Utility Billing Clerk, $1.00 per hour to $19.47 per hour. This action is contingent upon Telford Borough Authority approval and to be effective February 12, 2009. This motion passed 4 year, 2 nay with J. Allen Landis and John Harrell voting nay.

A motion was made by Carolyn Crouthamel and seconded by Stanley Nyce to increase the salary of Cathleen Fried, Administrative Secretary, $1.00 per hour to $16.75 per hour. This action is contingent upon Telford Borough Authority approval and to be effective February 12, 2009. This motion passed 4 yea, 2 nay with J. Allen Landis and John Harrell voting nay.

The meeting was adjourned at 10:25 p.m. by a Landis / Crouthamel motion.

Respectfully Submitted,

Mark D. Fournier
Secretary