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In 1886 Telford, located in Bucks County, was incorporated as borough.

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June 2, 2008

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: John Harrell, Carolyn Crouthamel, Scott Hillegass, Jeffrey Maxwell, and J. Allen Landis. Stanley Nyce was absent. Also present were Mayor Jay Stover, Manager Mark D. Fournier, Public Works Director Donald Beck, Recording Secretary Cathy Fried, Police Chief Douglas Bickel, Engineer Patrick DiGangi, Solicitor Mark E. Weand, Jr., and press reporters.

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

A Hillegass / Landis motion carried unanimously (6-0) approving the May 5, 2008 minutes.

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

MAYOR'S REPORT:

Mayor Stover reported he attended the Zoning Task Force meeting. The Library Board met. They have contacted an architect for the addition at the rear of the building that will include rooms for tutoring and extend the community room to improve the lighting. He, Police Chief Douglas Bickel and Manager Mark Fournier attended the Key Communicator's meeting. School security was discussed and there will be an open house for the new high school in September 2009. Bids are being received for the present school building.

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

I would like to recommend that Borough Council approve the hiring of David Stevens for our open part-time patrolman position. Mr. Stevens has successfully completed all of the testing process for certification.

My report for the month of May shall consist of Lieutenant Floyd's and Officer Fox's attached reports.

I've attached a letter of thanks and newspaper clippings for the month of May.

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

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

PUBLIC WORKS REPORT:

1. Train Station Project - Our crew installed a new yard hydrant adjacent to Assou's Bistro. We are also installing paver brick around the hydrant in the area of the handicapped parking. For the Freight House tenant, we are building a dumpster pad to be enclosed with fencing. This will be located behind the curbing near the west end property line. The fountain is an on-going project. The electrician is scheduled to install the lighting on Tuesday, 6/3/08.

2. Centennial Park Phase II - Our crew installed the portion of the walking path that extends from Fourth Street to Third Street along the south side of the park. We paved this on May 15th. We will continue with the other construction items during the week of 6/2/08.

3. Third Street Paving - We completed paving Third Street between Penn Avenue and Reliance Road on May 14th. This is a shared project with Telford Borough Authority.

4. Mowing - We continue to mow all borough properties as required.

5. Playgrounds - We installed additional mulch around the play structures as needed.

Council member J. Allen Landis thanked Donald Beck for coming out on Saturday of Memorial Day weekend to repair the water main break on Indian Valley Lane. He also asked if Church Road is complete. Donald Beck reported it is on the PennDot overlayment schedule and should be completed by November according to PennDot.

Council member Scott Hillegass asked if Reliance Road will be closed while work is being done. Donald Beck reported that North Penn Water Authority started their work today and will be there for the better part of June. Telford Borough Authority will probably begin during the month of July. Reliance Road will be closed between 8 a.m. and 3 p.m. with the exception of emergency vehicles and local traffic.

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 grant applications to Montgomery County for the Downtown Revitalization Program.
  • Attended the North Penn YMCA Leadership breakfast meeting.
  • Attended the Northern Montgomery County Recycling Commission Awards Luncheon meeting
  • Presented with Pam Coleman our grant proposals to Montgomery Revitalization Board.
  • Performed a walk through inspection of Centennial Park with our contractor and engineer.
  • Met with our Solicitor and Verizon regarding a proposed cable contract.
  • Met with a developer regarding redevelopment of 350 South Washington Street.
  • Attended a PECO meeting regarding utility interaction with other utilities.Met with the Lutheran Home representatives regarding their proposed land development project.
  • Performed a punch list inspection with our Architect for the Train Station / Freight Building project.
  • Met with Montgomery County officials to coordinate the environmental review process for grant reimbursement from the Federal Government with regard to our grant appropriations of Congress.
  • Met with Moyer & Son regarding a stormsewer repair project in conjunction with Verizon pole relocation.

Manager Mark Fournier reported he is presently focusing on grant applications. He will be sending letters to the various reviewing agencies and the Department of Housing and Urban Development with regard to the previously approved Federal grant. The letters will be mailed later this week. He also reported that he and Donald Beck met with Verizon regarding the pole at the Post Office and the stormsewer at Moyer & Sons.

Carolyn Crouthamel asked about the redevelopment of 350 S. Washington Street. Mark Fournier explained that the property is not in good condition so he and the new owner met to discuss options that include the possibility of restoration of existing structure, conversion to a duplex, etc.

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

Building / Zoning Official Richard O'Brien reported they are receiving a lot of code enforcement complaints and they are addressing the issues. They have also worked closely in the Train Station / Freight Building Renovation Project resulting in the opening of Assou's Bistro and Telford Treats by the Tracks.

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. There continues to be no contact. If the proposal is to proceed, an Agreement for off-site parking and a building permit would be required. (C) Gary Sellars Zoning Application. As previously reported, a second zoning board hearing has not been requested by the Applicant. Correspondence has been submitted by the Zoning Board Solicitor to Applicant's legal counsel requesting confirmation of intent to proceed or, in the alternative, withdrawal of application. Failing direction, advice was tendered that a hearing would be scheduled to close the record. (D) Joseph Nitterour Zoning Application. There is no update to report. This use variance application for premises situate 261 W. Broad Street remains pending on resolution of certain issues with the applicant. (E) John Appleton Zoning Application. On May 12, 2008, the Solicitor received the written decision and order of the Zoning Hearing Board granting the requested variances for expansion of residence situate 34 W. Ridge Avenue. The Solicitor subsequently conferred with Stephen P. Imms, Jr., Esquire, to review the opinion and references of council. Indication was received that the new Zoning Ordinance should reduce the number of applications and meet concerns expressed by council.

2. NOBLE OAKS. Escrow refund for project close-out remains pending. Issues are being addressed with legal counsel for Robert C. Alderfer.

3. ASSESSMENT APPEALS. (A) MetPro Corp. There has been no contact since last report. (B) Warren Lumber & Millwork, Inc. Notice has been received that the Board of Assessment has scheduled an appeal hearing on June 19, 2008 pertaining to application filed by Warren Lumber & Millwork, Inc., for premises situate 1 North Washington Street. By reason of the assessment appeal pertaining to this industrial property, the Solicitor will attend the appeal hearing to represent the interests of the Borough.

4. REVITALIZATION. All aspects related to the Souderton/Telford Main Street Program continue to be reviewed with the Manager.

5. 2008 BUDGET. Budget considerations continue to be addressed with the Manager as various projects arise.

6. POLICE DEPARTMENT. As previously referenced, the Police Contract has been completed. There have been no further Police Department issues referred to the Solicitor. Accordingly, pending contact, this item will be deleted from further report.

7. RYAN COURT (ERIE AVENUE TRACT). There have been no submissions to the Solicitor subsequent to the all-party meeting conducted on April 22, 2008. The documents required to close out this project represent a Ryan Court roadway dedication, a utility easement over Lot 32, and a Deed of Dedication for a portion of Welker Street. A follow up reminder has been issued by the Borough Engineer.

8. SKLAR ACCIDENT CLAIM. Court filings continue to be reviewed by the Solicitor to assess impact on the Borough. Oral argument has not been scheduled on the Motions for Summary Judgment filed by defendants Gross and Wurst.

9. TRAIN STATION REHABILITATION PROJECT. Tenant move-in and related issues continue to be addressed with the Manager.

10. CENTENNIAL PARK IMPROVEMENTS PROJECT. Various aspects of the Centennial Park improvements project continue to be reviewed with the Manager and Engineer. The restrictive covenant language required by Montgomery County remains pending with the Solicitor.

11. DELBAR TRACT SUBDIVISION. On May 7, 2008, the Solicitor met with the Manager to review five agreements prepared in conjunction with the Delbar Tract subdivision. It was determined that a separate Declaration of Covenants, Easements and Restrictions should be prepared for the stormwater facilities and drainage easement. All revisions referenced at said meeting were made by the Solicitor on a priority basis. The revised agreements were subsequently submitted to legal counsel for the developer. Following review comments, the agreements were once again revised. Subsequent revisions, however, have been requested as recently as May 30, 2008. The real estate settlement with the Lutheran Community has apparently been deferred until mid-June. This will afford sufficient time for execution of final agreements by all parties. The final drafts will be reviewed with Council at meeting this date with Solicitor/Manager recommendation that the appropriate officers affix their signatures. The documents will then be submitted to developer/owner for signature on June 3, 2008.

12. CABLE FRANCHISE. (A) There is no update to report with regard to the Comcast Franchise Agreement. (B) Following the April 23, 2008 meeting with Verizon representatives, a revised franchise agreement was submitted forreview by the Manager and Solicitor. Thereafter, a follow-up meeting was held with Verizon representatives on May 20, 2008. Negotiations require further modification of the proposed cable franchise agreement, which currently remain pending with legal counsel for Verizon.

13. CHIPLEY CLAIM NOTICE. Although claimant has initiated no contact following claim notice, this item will continue to be referenced by the Solicitor as it remains open. As previously represented, incident specifics have not been submitted as requested.

14. CURBSIDE COLLECTION OF LEAF WASTE. Revision of Ordinance No. 368 and a Resolution to designate a drop-off location remain pending.

15. LANDIS SUPERMARKET: All aspects of the Land Development remain under consideration with the Manager and Engineer. The Land Development Review (second review) for the Borough and the Water and Sanitary Sewer System Review (second review) for the Authority, as prepared by the Engineer, have been received by the Solicitor.

16. NPDES PHASE II STORMWATER PERMIT: The Year 5 Report will be filed by the Engineer on June 9, 2008.

17. INDIAN VALLEY LIBRARY COMMISSION: There remains nothing to report with regard to the proposed Intermunicipal Agreement and adopting Ordinance.

18. BUCKS COUNTY WASTE MANAGEMENT PLAN: The Bucks County Municipal Solid Waste Management Plan Revision represented as requiring municipal action remains pending with the Manager and Solicitor.

19. TIDA REQUEST. The approval form submitted by TIDA for the Bux-Mont Academy Project has been reviewed by the Solicitor. Proofs of publication have been provided. The maximum aggregate face amount of the obligation to be issued is $1,600,000. The Borough will incur no general liability, nor pledge its taxing power. Approval by council is deemed appropriate.

Solicitor Mark Weand briefly highlighted several items of his report. He again reported there has been no further contact with Rock Community Church. Gary Sellars has not made a request for another meeting of the Zoning Hearing Board. If there is no further contact by the Sellars, the Zoning Hearing Board will schedule a meeting to close the application. Mark Weand reviewed the written Opinion by Zoning Hearing Board Solicitor, Stephen Imms, regarding the Appleton application.

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

FINANCE AND ADMINSTRATIVE COMMITTEE: Mr. Hillegass

A-1 The approval for the payment of bills for the month of May 2008 will be brought to the next meeting.

A-2 A request was received from TIDA for approval of the Buxmont Academy Project:

A Hillegass / Crouthamel motion was carried unanimously (6-0) approving this request of TIDA requiring signature by Council President Robert Baker.

PLANNING & ZONING COMMITTEE: Mr. Maxwell

PZ-1 Lutheran Community at Telford Borough - Land Development Waiver Request:

Building / Zoning Official Richard O'Brien reported this is phase I of a much larger and complex project. The intent is to raze the existing structure and build a duplex on this property. The Lutheran Community is proposing to meet the ordinance requirements of an institutional district. Richard O'Brien recommends the Land Development Waiver with conditions.

A Maxwell / Harrell motion was carried unanimously (6-0) to grant a Waiver of Land Development for property TMP 43-01-106 to raze the existing structure and build a duplex on the site with the following conditions:

1. At the time of the Land Development of TMP 43-01-104, TMP 43-01-106 shall be made a part of TMP 43-01-104.

2. TMP 43-01-106 shall be incorporated into and be made a part of TMP 43-01-104 within one year of the Land Development Application for TMP 43-01-104 being filed.

3. One unit to be accessed from the Lutheran Community interior roadway and one unit to be accessed from Crestview Avenue.

PZ-2 Solicitor Mark Weand reported there are five (5) agreements requiring signature for Telford Investment Associates project (Delbar Tract) that include a utility easement agreement, a developer's agreement, an escrow agreement, declaration of Covenants, easements and restrictions-watercourse, and declaration of covenants, easements and restrictions-stormwater facilities.

A Maxwell / Harrell motion was carried unanimously (6-0) authorizing the appropriate officials to sign the Utility Easement Agreement, Developer's Agreement, Escrow Agreement, Declaration of Covenants, Easements and Restrictions-Watercourse, and Declaration of Covenants, Easements and Restrictions-Stormwater Facilities.

ENVIRONMENTAL COMMITTEE: none

PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE: none

PUBLIC SAFETY COMMITTEE: Mr. Harrell

PS-1 A Harrell / Crouthamel motion was carried unanimously (6-0) to approve Telford Fire Company's requests to attend the Memorial Day Parade in Sellersville on May 24, 2008 and to revise the date and location of the Annual Telford Fire Co. Picnic to July 26, 2008 at Dan and Aubrey Pernie's home, 359 Winslow Drive, Souderton (usually held at VFW Grove).

DEVELOPMENT & CULTURE COMMITTEE: Ms. Crouthamel

Mark Fournier reported that both the Assou's Bistro and Telford Treats by the Tracks are open for business. Invitations are being mailed by Souderton-Telford Main Streets for the Grand Opening Ceremony on June 16th. Both restaurants will be offering samples of items from their menu. He encouraged staff and police to attend. Scott Hillegass said he feels the Train Station / Freight Building Renovation Project is the best example of revitalization he has observed and he is planning to attend.

COMMENTS FROM AUDIENCE: none

OTHER BUSINESS:

Council member John Harrell said thank you for having the grass cut at 36 W. Ridge Avenue.

Council entered executive session at 8:15 p.m. to discuss a matter of personnel.

Council came out of executive session at 8:51 p.m.

A Hillegass / Crouthamel motion was carried unanimously (6-0) to hire David Stevens as a part-time police officer at the rate of $16 per hour with an increase to $17 per hour after a successful six (6)-month probation period.

A Hillegass / Harrell motion was carried unanimously (6-0) to authorize Police Chief Douglas Bickel to begin a search for a part-time police officer to fill the position being vacated by Officer Christopher Hunsberger.

The meeting was adjourned at 8:54 p.m. by a Landis / Crouthamel motion.

Respectfully Submitted,

Mark D. Fournier
Secretary

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