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 John Harrell, Stanley Nyce and Scott Hillegass. Also present were Mayor Jay Stover, Manager Mark D. Fournier, Recording Secretary Cathy Fried, Solicitor Mark E. Weand, Jr., Police Chief Douglas Bickel, Engineer Patrick DiGangi, Tax Collector Emiline Weiss, and Rodney Hange of Telford Volunteer Fire Company. In the audience were Dean Souder of the Pennridge Community Senior Center, David Miller of Boucher & James, Inc., Terry Kolaz, Thomas Atkins and Ted Leister of the Lutheran Community at Telford, James F. Kratz, Esq. of Stevens & Lee, PC, and borough resident Linda Morris.

The invocation was given by Robert Baker, followed by the pledge of allegiance.

A Nyce / Crouthamel motion was carried unanimously (7-0) approving the October 8, 2009 minutes.

TREASURER'S REPORT:

A Hillegass / Crouthamel motion was carried unanimously (7-0) approving the October, 2009 Treasurer's Report.

MAYOR'S REPORT:

Mayor Jay Stover reported he attended the October Borough Council meeting and the Library Board Meeting.

POLICE REPORT:

Attached are our service calls for the month of October.

In addition to routine, assigned shifts:

1. Lieutenant Floyd attended several meetings and trainings; see his report.
2. Officer Fox attended a Narcotics Officers Conference.
3. Officer Minninger attended a tactical team training, see his attached report.
4. Officer Kim attended an FOP Directors half-day seminar.
5. I attended both the Bucks and Montgomery County Police Chiefs Association meetings.
6. Officer Minninger and I attended the North Penn Chamber of Commerce 'Local Heroes' banquet.

The written examination for the open patrolman position was given on Thursday, October 22, 2009. Fourteen applicants took the examination and all fourteen have passed. The oral interviews are set up for the week of November 9th.

Several newspaper articles are attached for your reference.

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

Council member John Harrell questioned if there has been any feedback regarding the volume of the fire siren. Mark Fournier responded he will ask Chief Ray Fegley to respond to Council at the December meeting.

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

Mayor Jay Stover reported the library is still deciding how to proceed with the addition to the library regarding private and public funding. They have not yet been informed as to the amount of money to be received from PA.

PUBLIC WORKS REPORT:

1. Stover Park - Swartley Bros. continues to wire the controls and lights at the Stover Park Softball Field.

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

3. Storm Drainage - The storm drainage replacement project at Reliance Road & Hamilton Street will begin after the paving of North Main Street is complete. We hope to complete this item prior to scheduled leaf collection.

4. Street Sweeping - On-going as time allows.

5. Leaf Collection - We have received our new aluminum leaf box and have installed it on the truck. Scheduled leaf collection begins November 16th.

6. 2010 Budget - I submitted data for the 2010 budget as it pertains to public works.

7. Reliance Road Paving - Paving of Reliance Road between Third Street and the R/R crossing was completed 10/13/09. This was a joint project with Souderton Borough and TBA.

Mark Fournier reported that leaf collection begins November 16th. The public works crew is presently picking up leaves as time permits.

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.
• Hosted three Souderton High School students for Career Day through the Indian Valley Chamber of Commerce.
• Coordinated a meeting with the Lutheran Community at Telford to discuss water and sewer design and general planning issues.
• Attended the Revitalization Plan Update Meeting.
• Coordinated a Finance and Administration Committee meeting to discuss the new Police Chief position.
• Met with the SALDO committee regarding the preparation of a new document.
• Attended the Montgomery County Consortium of Municipalities meeting to discuss the "State Pension Crisis".
• Hosted a meeting with the Indian Valley Chamber of Commerce Economic Development Committee with Congressman Charles Dent.
• Budget preparation.

Mark Fournier reported the Centennial Park Project is now complete. The Pipeline Relining Project and the Stream Bank Stabilization Project are still in progress. He highlighted an item in the Borough News concerning his testimony to EPA and the Science Advisory Board on the TMDL issue. Mark Fournier reported Cathy Fried submitted a letter of resignation because she will be retiring.

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

Mark Fournier reported Joseph Cutri is busy with Use & Occupancy Permits and properties requiring cleaning up. Mr. Cutri mailed a letter to the owners of property at 394 W. Broad Street regarding a building permit application submitted last year for a front porch enclosure that has not been completed. A copy of this letter will be provided to council members at the next meeting.

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) There are no pending zoning applications at this time.

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

3. REVITALIZATION. (A) Souderton/Telford Main Street Program aspects remain under consideration with the Manager. (B) The Solicitor plans on attending the presentation of the 2009 Pennsylvania Horticultural Society Community Greening Award in Philadelphia on November 8, 2009.

4. BUDGET. The 2010 General Fund Budget and Tax Levy Ordinance will be reviewed by the Solicitor in conjunction with the Manager. Both are subject to approval and adoption by Council at meeting scheduled for December 7, 2009.

5. SKLAR ACCIDENT CLAIM. As previously referenced, the return date on Motion to Compel was October 27, 2009. Plaintiff's attorney has filed a written response with the Court indicating that attempts to obtain the signature of Sandy Sklar on settlement documents have been unsuccessful. The Court Administrator advises that Defendant's Motion to Compel will be scheduled for hearing.

6. CENTENNIAL PARK IMPROVEMENTS PROJECT. In accordance with directive of Council at the October 5, 2009 meeting, CKS withdrew the proposal to resolve the ground cover issue. Exchange of subsequent correspondence has been received and reviewed by the Solicitor. It appears that the contractor will attempt a final reseeding of the area in question. It has been made clear that any work must be done in the presence of CKS inspectors.

7. CHIPLEY CLAIM NOTICE. There remains no response to IRM attorney correspondence dated August 20, 2009 denying liability.

8. LANDIS SUPERMARKET. Assumption of cost to improve the traffic signals at the County Line and Church Road intersection has not been resolved. The Lutheran Community has documented through professional traffic study that its impact on this intersection is very limited. Accordingly contribution from this entity for intersection improvement will not be pursued.

9. INDIAN VALLEY LIBRARY COMMISSION: There remains no Solicitor contact.

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

11. PA DEP NPDES STORMWATER PERMIT REQUIREMENTS. The Borough Engineer has prepared and presented comments pertaining to the PA-DEP draft NPDES Phase II Stormwater Permit Program Modifications. Following comment submission, the current permit was extended for one year.

12. LUTHERAN COMMUNITY AT TELFORD. The initial plans have been revised since last report. Following submission, the Borough Engineer prepared comprehensive review comments. Subsequently, the Solicitor attended the Planning Commission meeting on October 21, 2009. Following presentation, the Planning Commission recommended approval subject to certain conditions. In addition, certain waivers to SALDO Section were granted. A summary has been prepared by CKS for formal presentation to Council at meeting scheduled for November 2, 2009.

13. FIRE COMPANY SIREN. Since there has been no reference to the Solicitor since presentation on July 6, 2009, this item will be deleted from further report.

14. CIVIL SERVICE COMMISSION. Following resolution approval by Council on October 5, 2009, procedures were implemented to proceed with the hire of new patrolman. No further delineation has been submitted to the Solicitor. Any follow-up initiatives will be addressed.

ENGINEER'S REPORT:

Engineer Patrick DiGangi reported the NPDES Phase II requirements have been postponed for 1 year. Council member John Harrell questioned why the effective period has been postponed 1 year. Council member Stanley Nyce commented that a few local townships expressed their opinions as a group in the same manner that Telford Borough Authority addressed TMDL's as part of a group. This may have had an impact on the postponement.

Patrick DiGangi also reported the plans for Lutheran Community at Telford are moving along. The plans may possibly be presented to the Planning Commission this month. Mayor Jay Stover commented that other approvals are necessary before the project will begin. A brief discussion was held regarding the impact the expansion will have on traffic in that area.

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 $241,003.98 for the month of September 2009.

A Hillegass / Landis motion was carried unanimously (7-0) approving the payment of bills in the amount of $287,631.73 for the month of October 2009.

A-2 Budget presentation.

Mark Fournier reviewed the proposed budget on a page-by-page basis. The budget does include a miscellaneous expenditure that will include the purchase of an awards cabinet and an office computer system. Also included is the replacement of windows of the Community Building to be done by the public works staff. Mark Fournier reported RETT was less during 2009 due to economic conditions. There has been a slight increase in settlements in recent months.

A-3 Dean Souder of the Pennridge Community Senior Center addressed the Telford Borough Council. He distributed a letter soliciting funding for the Center and a summary of the 2008/2009 fiscal year budget. Scott Hillegass asked for statistics on how many Meals on Wheels are provided to Telford Borough residents. He further explained that Telford Borough contributes to Generations because of the Meals on Wheels provided to residents of Telford Borough. Dean Souder responded he believed the number of meals provided is between 20 and 50. Mark Fournier suggested the Telford Borough contributions might be shared by both agencies.

PLANNING & ZONING COMMITTEE: Mr. Maxwell

PZ-1 Lutheran Community at Telford Preliminary / Final Plan.

David Miller of Boucher & James, Inc. displayed a map of the work to be accomplished in each of the four (4) phases of this project. Terry Kolaz, Director of Lutheran Community at Telford, explained that Phase I will involve converting another existing building into personal care apartments and building a new building to include therapy, personal care, skilled nursing and the addition of a dementia unit. Phase II will be a wellness building. Phase III will be a bistro and a multi-purpose room. These amenities will not be open to the general public. The fourth phase will also be the construction of a maintenance garage to house shuttle buses and trucks / equipment.

A Maxwell / Harrell motion was carried unanimously (7-0) to grant Final approval of the Lutheran Community's Land Development Plans for expansion, subject to the following conditions:

1. The applicant is to submit revised plans, which will address, meet and comply with all comments listed in the October 19, 2009 review letter from CKS Engineers, Inc., the Telford Borough Engineer, to the satisfaction of the Borough Engineer.

2. The requirements involving the construction of the temporary reserved Parking Lot "S", is consisting of 83 parking spaces, shall be addressed in the Development Agreement. This parking lot is to be constructed by the developer if determined necessary by the Borough within a period of 18 months after the completion of Phase II of the project. In addition, an escrow (a letter of credit will be acceptable) shall be posted to secure the construction of the parking lot to a bituminous base course.

3. A note is to be added to the Record Plan indicating that the sidewalk at the northerly most portion of the property will be constructed when improvements to the frontage of the adjacent lots, TMP 43-01-110-2 and TMP 43-01-110, are performed.

4. A note is to be added to the Record Plan addressing the status of the 25 foot-wide National Transit Company easement which traverses this site. In addition, this note will indicate that the Borough shall be held harmless for construction of stormwater piping/structures, as well as other facilities within this 25 foot-wide easement.

5. The applicant shall present to Telford Borough all required local, state and federal approvals, permits and certificates necessary to develop this site, including, but not limited to PennDOT Highway Occupancy Permit, PADEP NPDES Stormwater Discharge Permit, Bucks County Conservation District Permit, Bucks County Planning Commission Review, PA DEP Sewage Planning Module Approval, as well as all reviews/approvals from all required utility agencies, including, but not limited to, the Telford Borough Authority.

6. The developer shall provide a recreation impact contribution to Telford Borough in the amount of $0.25 per square foot of gross additional building space, as well as provide a donation to the Borough's Fire and Ambulance services. In addition, the developer is to work with the Fire Department in developing an incident/accident planning document to be used in the event of an emergency/fire at the Lutheran Community facility.

7. In light of the recreation fees and fire donation agreed upon by the developer, approval of the trees proposed to be removed by the plan are acceptable.

8. In light of the recreation fees and fire donation agreed upon by the developer, as well as the determination by McMahon Associates that there will be minimal impact to the intersection of East Church Avenue and Main Street, the Borough's planned lane striping and signal modifications at this intersection will not be the responsibility of the developer.

9. Prior to the recording and signing of the final plan, the Lutheran Community shall sign/execute, in a form satisfactory to Telford Borough, a Development Agreement and a Financial Security Agreement together with financial security acceptable to the Borough, as required by the Pennsylvania Municipalities Planning Code. Any lands that are to be dedicated to Telford Borough shall be conveyed with good and marketable title, such as will be insured by a reputable title insurance company, and shall be obtained at the Lutheran Community's sole cost and expense, and shall guarantee ownership so the land that is to be dedicated to the Borough is free and clear of all liens and encumbrances, except those created by virtue of the final plan.

A Maxwell / Crouthamel motion was carried unanimously (7-0) to grant the following waivers for this project. These waivers include:

1. SALDO Section 402.2.A to include an aerial photograph in lieu of providing all information within 400 feet of the site. A note on Sheet 2 of the plans indicates that surveyed topography along East Broad Street will be provided when that portion of tract is proposed for development.

2. SALDO Section 209.11: to plant street trees along East Church Avenue outside the right-of-way due to overhead utility lines.

3. SALDO Section 204.B-5a and 209.8 to not install improvements to East Church Avenue (roadway widening, curb and sidewalk) along the 50 foot-wide portion of the property between TMP 43-01-110-2 and TMP 43-01-110. As a condition of the recommended plan approval, a note is to be placed on the Record Plan indicating that this construction will be deferred until the improvements along the adjacent lots are performed.

Solicitor Mark Weand acknowledged Engineer Patrick DiGangi for his contribution to the Lutheran Community at Telford Project. He further commented that tonight was an accumulation of work done by Mark Fournier and Patrick DiGangi.

ENVIRONMENTAL COMMITTEE: Mr. Nyce

E-1 Stanley Nyce reported there will be a meeting next week. It is hoped the 2007 grant money will be received by the end of this year. A luncheon is planned for people from area communities and legislators.

PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE: Mr. Landis

PW-1 Municipal Utility Alliance - Electricity Purchase (discussion).

Mark Fournier presented information for the bulk purchase of electricity from Constellation Newenergy, Inc. by Telford Borough. 1 year, 2 year and 3 year contracts were presented to Borough Council. Scott Hillegass asked Mark Fournier if the street lights will be included in the accounts listed as service addresses. Mark Fournier responded that he will research this matter.

A Crouthamel / Landis motion was carried unanimously (7-0) authorizing the appropriate person to sign the Joinder to the Amended and Restated Intergovernmental Cooperation Agreement dated April 7, 2009 for the bulk purchase of electricity for Telford Borough facilities.

A Landis / Hillegass motion was carried unanimously authorizing the appropriate person to sign the 3-year contract to enter into an agreement with Constellation Newenergy, Inc.

PUBLIC SAFETY COMMITTEE: Mr. Harrell

DEVELOPMENT & CULTURE COMMITTEE: Ms. Crouthamel

DC-1 Carolyn Crouthamel reported the Indian Valley Regional Planning Commission has completed a marketing book. The Commission also approved a model ordinance for lighting. Carolyn Crouthamel reported the Indian Valley Regional Planning Commission has signed a three-year contract with the Montgomery County Planning Commission.

OTHER BUSINESS:

Tax Collector Emiline Weiss informed Borough Council that she received 4 plaques honoring her for her service as President of the PA State Tax Collector's Association. Borough Council commended Emiline Weiss for a job well done. She received awards from Governor Edward G. Rendell, Lt. Governor Joe Scarnati, State Senator Charles McIlhenny, and State Representative Robert Godshall.

The meeting was adjourned at 9:32 p.m. by a Hillegass / Crouthamel motion.

Respectfully Submitted,
Mark D. Fournier

Secretary