April 6, 2009
The Telford Borough Council meeting held this date was called to order at 7:27 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, Recording Secretary Cathy Fried, Solicitor Mary E. Weand, Jr., Public Works Director Donald Beck, Police Chief Douglas Bickel, Kenneth Kollmer of CKS Engineers, Inc., Fire Chief Ray Fegley, Rodney Hange of the Telford Volunteer Fire Company, and press reporters. Also present were borough residents Linda Morris and Donald Fry.
The invocation was given by Scott Hillegass, followed by the pledge of allegiance.
A Crouthamel / Nyce motion was carried unanimously (7-0) approving the March 16, 2009 minutes.
PUBLIC HEARING:
The Public Hearing was opened at 7:28 p.m. for any comments from the audience regarding Ordinance No. 378.
There were no comments from the audience.
The Public Hearing was closed at 7:29 p.m.
TREASURER'S REPORT:
A Nyce / Hillegass motion was carried unanimously (7-0) approving the March, 2009 Treasurer's Report.
MAYOR'S REPORT:
Mayor Jay Stover reported he and Mark Fournier attended the Firemen's Banquet at the Tylersport Fire Company. He also attended the Library Board meeting and the library meeting at which Douglas Gifford presented legal documents that must be returned by April 30 and that any negative comments should be made by April 30th. Manager Mark Fournier commented the time frame would be better if the deadline for comments and acceptance be extended to allow discussion by Borough Council at the May meeting. Jay Stover responded the purpose of the paperwork is how to opt out if a municipality wished.
POLICE REPORT: We received a written monthly report for the file.
FIRE REPORT: We received a written monthly report for the file.
Fire Chief Ray Fegley presented the Telford Volunteer Fire Company Annual Summary Emergency Call Report for 2008 that includes the budgeted disbursement summary and the fire department training program summary. He reported that 2008 was a very busy year. Council members Scott Hillegass and Stanley Nyce expressed their appreciation for the efforts of the fire company and the services they provide. Council member Stanley Nyce questioned the response of residents to donation letters. Chief Ray Fegley responded they have not looked at the total dollar amount received thus far.
LIBRARY REPORT: We received a written monthly report for the file.
Mayor Jay Stover reported an appreciation dinner was held recently for library volunteers at the Bay Pony Inn.
PUBLIC WORKS REPORT: We received a written monthly report for the file.
1. Snow & Ice Removal - Our public works crew salted streets, or plowed snow or cleared sidewalks on the following dates, 3/1, 3/2, 3/3.
2. Borough Buildings - Renovations to the document storage room in the Borough Hall basement are complete. The office staff will coordinate movement of files and records to the newly installed shelving.
Our next project will be at the Community Building. We will be replacing drywall in the basement due to water damage. This has created a severe mildew problem. We will also replace damaged rain gutter to reduce the volume of surface water entering the foundation area.
3. Centennial Park - We completed installation of the electrical conduit and installed the main control enclosure. Our electrician, Swartley Bros., is installing and wiring the components. Our crew is also installing the drinking fountain and pads for infield mix.
4. Stover Park - New lighting for the softball field at Stover Park is underway. The holes for the four new poles have been dug, and the poles and lights have been delivered. The contractor plans to erect the poles and lights during the week of 3/30 - 4/ 3/09. Next, our crew will install the electrical conduit, and our electrician will complete the wiring. After the new lights are operational, we will remove the old lights, poles, and wiring.
5. Pothole Patching - We continue to patch potholes as required.
6. Washington Street & Reliance Road and Storm Drainage - During construction of the new sewer main at Washington & Reliance, we discovered that the corrugated storm pipe has failed after 35
years of service. CKS Engineers will design a replacement pipe and develop a cost estimate. We will then explore our options and develop a procedural plan.
7. Parks - Our public works crew hauled and installed both playground mulch and infield mix at our playgrounds and athletic fields.
Public Works Director Donald Beck reported the renovations of the file room at the Borough Office have been completed. The renovations were done by Robert Kratz, Todd Mathe, and Christopher Haddon and they did a very nice job. The new light poles have been installed at Stover Park. The conduit will be installed at the earliest opportunity at which time the new lights will be put into service. A major project this year will be the replacement of the water and sewer mains on Main Street between Lenape Lane and Church Avenue. This work is scheduled to begin in June and, weather permitting, be completed by September.
MANAGER'S REPORT: We received a written monthly report for the file.
- 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.
- Coordinated with the Partnership TMA the acquisition of two bicycle racks for our Municipal Park.
- Met with the Lutheran Home to discuss the future plan submission issues.
- Made a presentation to a fifth grade class regarding careers as part of the "Let's Do Lunch" program for the Indian Valley Chamber of Commerce.
- Met with our insurance appraisal company regarding property appraisal of Telford Borough and Telford Borough Authority facilities.
- Attended the Upper Bucks and Montgomery Counties Community Affairs Association Public Works Show.
- Met with an attorney and property owner along Main Street regarding the construction project planned for the apartment building and the associated permits/fees required.
- Met with Representative Bradford to discuss issues relating to Boroughs.
- Met with the owners of Telford Treats by the Tracks to discuss opening this coming season and potential vending within our Borough/Borough Parks.
- Attended the PSAB Annual Convention in Hershey, PA.
- Met with Mayor Stover, an architect, and Richard O'Brien to discuss the future expansion of the Indian Valley Public Library.
- Met with CKS Engineers and Donald Beck to coordinate the design of a stormsewer repair at the intersection of Reliance Road and Washington Street.
- Coordinated the refinancing of the Borough debt with regard to the downtown revitalization project and met with the Finance and Administration Committee.
Manager Mark Fournier reported the bicycle racks donated by Partnership TMA have been delivered. He made a presentation to a 5th grade class as part of the Let's Do Lunch program with the Indian Valley Chamber of Commerce. Mark Fournier reported he met with the owner and manager of Telford Treats by the Tracks. They have requested permission to vend at selected ball fields during tournaments and other activities. The ice and ice cream they will be vending will not encroach on products sold by vendors who have previously been and will continue to be at these activities. Telford Treats by the Tracks plans to contact the organizations using the fields to discuss their presence and the items they will sell. Scott Hillegass commented a Solicitation Permit should be required. It was the general consensus of Borough Council that Telford Treats by the Tracks be allowed to sell Irish Ice and ice cream at games. Council member Allen Landis asked when Telford Treats by the Tracks will be opening for the season. Mark Fournier reported they will open during the month of April.
BUILDING OFFICIAL'S REPORT: We received a written monthly report for the file.
Mark Fournier reported he has received the final copy of the Zoning Ordinance and it has been distributed to members of the committee, the Solicitor Mark Weand, and Building and Zoning official Richard O'Brien. Council member John Harrell asked if the building inspector would have the green van removed from 36 W. Ridge Avenue. Mark Fournier reported the removal of the green van was listed as necessary for the issuance of a conditional Use & Occupancy Certification. The property has been sold and the new owner is working to correct the deficiencies as listed.
SOLICITOR'S REPORT: We received a written monthly report for the file.
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 since last report pertaining to property sale. (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.
ASSESSMENT APPEALS. (A) MetPro Corp. MetPro Corp. is the owner of a property located at 700 Emlen Way. The Montgomery County Board of Assessment Appeals issued an interim assessment regarding the subject property from which MetPro filed an assessment appeal. Following hearing on February 21, 2008, the Board issued an interim assessment reduction. Thereafter, the Souderton Area School District filed an appeal.
Counsel for MetPro and the School District have reached a settlement which includes Telford Borough. A Stipulation intended for court filing has been submitted to the Solicitor. Since the Solicitor is of the opinion that the Stipulation is in order and appropriate, authorization to sign will be requested following further discussion at Council meeting. (B) Warren Lumber & Millwork, Inc. There remains no activity to report. (C) Lutheran
Community at Telford. The PILOT Agreement as signed by the Lutheran Community has been returned to the Solicitor. A fully executed copy has been provided to the Manager for file retention.
2. REVITALIZATION. Issues pertaining to the Souderton/Telford Main Street Program continue to be referenced with the Manager as they arise.
3. BUDGET. Budgetary aspects continue to be referenced with the Manager and Engineer.
4. SKLAR ACCIDENT CLAIM. Following report provided to Council at executive session on March 16, 2009, the Solicitor has reviewed communication exchange intended to implement the settlement reached. A release and order to discontinue the litigation will be required with regard to Telford Borough and the other defendants. Appropriate termination will be confirmed by the Solicitor.
5. CENTENNIAL PARK IMPROVEMENTS PROJECT. Project closeout detail including the ground cover issue continues to be discussed with the Manager and Engineer. There has been no follow-up activity with regard to a restrictive covenant.
6. DELBAR TRACT SUBDIVISION. The Roadway Deed of Dedication, as prepared by the Solicitor, has not been returned for recording. An executed copy of the Grant & Bill of Sale for Sidewalk, Curb, Stormwater Facilities and Other Improvements has not been submitted to the Solicitor for record retention.
7. CABLE FRANCHISE. Submissions continue to be reviewed and referenced with the Manager. This represents follow-up detail as the franchise agreements with Comcast and Verizon have been fully executed.
8. CHIPLEY CLAIM NOTICE. As previously referenced, a demand package has been submitted by legal counsel for the Estate of Thomas Chipley. Review comments and material have been submitted to Thomas X. McAndrew, Jr., Esquire, legal counsel for IRM/PIRMA. Accordingly, the matter remains under consideration at this time with the carrier and its legal counsel.
9. CURBSIDE COLLECTION OF LEAF WASTE. An amendment to Ordinance No. 368 to address handling, collection and disposal of leaf waste remains pending with the Solicitor.
10. LANDIS SUPERMARKET. The Traffic Signal Improvement at the County Line and Church Road intersection remains under review with the Manager and Engineer.
11. INDIAN VALLEY LIBRARY COMMISSION: There remains no update with the regard to the proposed Intermunicipal Agreement and adopting Ordinance.
12. BUCKS COUNTY WASTE MANAGEMENT PLAN: The Bucks County Municipal Solid Waste Management Plan Revision continues under review with the Manager.
13. ZONING ORDINANCE AMENDMENT: As previously represented, a comprehensive checklist has been provided to the Montgomery County Planners by the Borough Zoning/Building Official. A revised draft of Chapter 27 Zoning has not been referenced to the Solicitor for review at this time.
14. 2008 AUDIT: The Solicitor's opinion pertaining to the audit of the 2008 financial statements of Telford Borough has been prepared and submitted to Styer Associates as requested.
15. GENERAL OBLIGATION NOTE SERIES 2009: The Solicitor has received and reviewed the documents that require signature at the next Council meeting. Review comments have been provided to Diane Lando at Concord Public Finance. The Solicitor has also conferred with Christopher M. Gibbons pertaining to all debt/financing aspects. Proposals from seven financial institutions have been received. They are currently under evaluation. Settlement is projected for April 30, 2009, the date that the Quakertown National Bank obligation becomes due. The date, however, will be dependent upon time of approval by the Department of Community and Economic Development of the Commonwealth.
Solicitor Mark Weand highlighted a few of the items listed in his report. He reported there have been no further developments regarding Rock Community Church and the Joseph Nitterour zoning application. He also reported that MetPro Corp. and the Souderton Area School District have reached a settlement wherein the new assessment will be $3,000,000. Mark Weand has received a copy of the Stipulation which requires his signature. This Stipulation also contains a provision for back taxes.
A Harrell / Nyce motion was carried unanimously (7-0) to authorize Mark Weand to sign as solicitor to accept the Stipulation to be filed with the court.
Mark Weand is reviewing the termination aspects of the Sklar accident claim. He will continue to monitor this item. Mark Weand reported he completed his opinion to Styer Associates for the 2008 Audit.
ENGINEER'S REPORT: We received a written monthly report for the file.
COMMENTS FROM AUDIENCE: none
FINANCE AND ADMINSTRATIVE COMMITTEE: Mr. Hillegass
A-1 A Hillegass / Crouthamel motion was carried unanimously (7-0) approving the payment of bills in the amount of $263,080.64 for the month of March.
A-2 Authorization to submit Cops Hiring Recovery Program (CHRP) Grant application.
Mark Fournier explained this item is on the Agenda because it requires a motion. This grant will provide money to hire a police officer including benefits for three (3) years with the 4th year being paid by Telford Borough. Douglas Bickel commented he has completed the preliminary steps. The application for this grant must be completed and submitted by April 14th.
A Hillegass / Maxwell motion was carried unanimously (7-0) approved the submission of the grant application for the Cops Hiring Recovery Program.
A-3 Adoption of Ordinance No. 378.
James Schlessinger of Concord Public Financial Advisors, Inc. presented information pertaining to the refinancing of the revitalization loan presently being held by Quakertown National Bank. Eight (8) banks submitted proposals with ten (10) different options. The best rate program was submitted by Quakertown National Bank. Concord Public recommends accepting the Quakertown National Bank proposal.
A Hillegass / Crouthamel motion was carried unanimously (7-0) to adopt Ordinance No. 378 and to accept the proposal submitted by Quakertown National Bank and to authorize the signing of the loan documents by the appropriate officers.
PLANNING & ZONING COMMITTEE: Mr. Maxwell
Council President Robert Baker informed Committee Chairman Jeffrey Maxwell that the next item the Planning and Zoning Committee needs to consider is the Subdivision and Land Development Ordinance (SALDO). The first step will be to meet with the Montgomery County Planning Commission and have them prepare a draft SALDO.
ENVIRONMENTAL COMMITTEE: Mr. Nyce
Stanley Nyce reported there will be a luncheon on May 1 at the Indian Valley Country Club at which time the winner of the Recycling Award will be announced.
PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE: Mr. Landis
PW-1 Kenneth Kollmer of CKS Engineers, Inc. presented the design plans for replacement of pipe underneath the culvert. The pipe is 34 years old and will be replaced with an aluminized corrugated steel pipe with a 75 year life expectancy. A water main is located in this area and must be relocated. The intent is to lower the water line approximately 1 to 1 ½ feet. CKS recommends the work be awarded to Passerini & Sons, Inc. in the form of a change order. This work will include removal of some trees and a fence and may take approximately 1 week of additional time.
A Nyce / Harrell motion was carried unanimously (7-0) whereby Telford Borough agrees to reimburse Telford Borough Authority its portion of the proposed Reliance Road change order from Passerini & Sons, Inc. for storm water facility replacement and one-half of the restoration expense.
PUBLIC SAFETY COMMITTEE: Mr. Harrell
PS-1 Fire Department Presentation:
Fire Chief Ray Fegley made a presentation informing Telford Borough Council of past grant programs that have enabled the Telford Volunteer Fire Company to update equipment at a minimum cost. He also advised Borough Council of the purchase and cost of the latest acquisition, a new 2007 ladder truck. This ladder truck will require detailing and the addition of the Telford Volunteer Fire Department logo.
DEVELOPMENT & CULTURE COMMITTEE: Ms. Crouthamel
Mark Fournier advised Carolyn Crouthamel the Souderton Telford Revitalization Plan is due for the scheduled update. Scott Hillegass reported Pamela Coleman, manager of Souderton Telford Main Streets, is encouraging Telford Borough to look into the National Historic District potential which gives a potential buyer of historical buildings tax benefits and he feels this is something to be considered. He also reported Congressman Charles Dent will be in the area on April 15th.
OTHER BUSINESS: none
The meeting was adjourned at 9:13 p.m. by a Harrell / Nyce motion.
Respectfully Submitted,
Mark D. Fournier
Secretary