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

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July 7, 2008

The Telford Borough Council meeting held this date was called to order at 7:30 p.m. by Vice President Stanley Nyce with the following members in attendance: Carolyn Crouthamel, Scott Hillegass, Jeffrey Maxwell and J. Allen Landis. Robert Baker and John Harrell were 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., and press reporters.

The invocation was given by Scott Hillegass, followed by the pledge of allegiance.

A Crouthamel / Landis motion carried unanimously (5-0) approving the June 2, 2008 minutes.

TREASURER'S REPORT: was unanimously (5-0) approved by a Hillegass / Crouthamel motion.

Mark Fournier reported Real Estate Transfer Tax (RETT) revenue may be a problem. Approximately 32% of the budgeted amount has been collected as of this date. He is concerned RETT will be short by the end of the year. Scott Hillegass questioned is there anything that can be used to buffer the shortage caused by the decrease in RETT. Mark Fournier responded that there are some budgeted purchases that can be delayed. Mayor Jay Stover felt the decrease in revenue from RETT should be considered when preparing next year's budget. Allen Landis also mentioned the increase in the cost of electricity may be an important factor. Mayor Jay Stover questioned where does Telford Borough stand on the money spent to run the equipment. Mark Fournier responded that expenditures are shared between Borough and Authority and the fuel costs, etc. have risen this year but because they are split, they do not have as big an impact. PVC pipe and construction materials have all increased in price as well.

MAYOR'S REPORT:

Mayor Stover reported there were no other meetings during the month of June other than the June 2nd Borough Council meeting. He did receive a letter regarding the Awards Ceremony at the Telford Fire Company in honor of deceased Fire Marshall Malcolm Jacobs presented by the Firemen's Fund Insurance Company.

POLICE REPORT:

First and foremost I would like to recognize Officer Christopher Hunsberger for his five years of service to the Borough of Telford as a part-time patrolman. Officer Hunsberger accepted a full-time patrolman position with Whitemarsh Police Department and his official resignation date with Telford was June 30, 2008. Chris is a fine officer, an "overall good guy", and he will be a great asset to Whitemarsh Police Department. We wish him well as he pursues a full-time law enforcement career. He will be greatly missed by everyone in our department.

David Stevens passed his firearms qualifications and all other required testing. He will begin his field training as soon as his certification is approved by the PA Municipal Police Officers Education and Training Commission.

My report for July's council meeting shall be the attached print-out of our calls for service for the second quarter of 2008.

I would also like to note that alcohol related statistics were gathered for the North Penn DUI Task Force for a current grant application. For your information the DUI statistics for Telford Borough are as follows:

2000

2003

2007

DUI ARRESTS

30

28

39

DUI CRASHES

2

2

6

FATAL CRASHES WITH ALCOHOL OR DRUGS

0

0

0

UNDERAGE DRINKING

22

14

5

I have also attached a letter that I sent to Mr. David Lord thanking him for his assistance to Officer Hunsberger on May 16th. Officer Hunsberger was attempting to administer a portable breath test to a drunk and disorderly pedestrian when the pedestrian lunged at him twice. The pedestrian was so combative that Officer Hunsberger had to subdue him by using the taser stun device. Although the taser allowed Officer Hunsberger to get the subject to the ground he was still so combative that he could only get a handcuff on the man's left arm. Mr. Lord was brave enough to offer Officer Hunsberger enough help that Officer Hunsberger was able to handcuff the defendant's right arm and get him into the patrol car. Officer Hunsberger was very grateful for Mr. Lord's assistance that evening.

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

Mayor Jay Stover asked Fire Chief Ray Fegley why a few of the calls were listed as cancelled enroute.

Fire Chief Ray Fegley explained the calls were false alarms or their assistance was not needed.

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

PUBLIC WORKS REPORT:

1. Train Station Project - All items for the Train Station Project that were assigned to the Public Works Dept. have been completed. Additional items may arise from time to time and may be completed as required.

2. Centennial Park Phase II - During the month of June, our public works crew excavated for, and installed the sub-grade for those portions of the walking path between Church Road and Penn Valley Church. Additionally, our crew installed the 4" water line, 3" electric conduit, excavated the pavilion sub-grade, and installed designed and additional storm drainage.

Along the paved portion of the walking path, and the sidewalk along Third Street, top soil was graded, seeded, and mulched. During the month of July, we will concentrate on construction of the pavilion, installation of the drinking fountain, and coordination of electrical installation items.

3. Farmers Market - The banners selected by the Main Streets Committee were installed along Penn Avenue.

4. Mowing - Ongoing as required.

Public Works Director Donald Beck reported the beams for the posts for the pavilion have been installed. Council member Jeffrey Maxwell asked if anything will be done on the walking path to prevent people from driving on the pathway. Mark Fournier responded that bollards will probably be installed. Allen Landis asked if the walking paths will be opened this year. Donald Beck responded the walking paths will be topped later this year and he would like to give the grass a chance to grow. Centennial Field should be ready for play next year. Scott Hillegass expressed thank you for the work done by the Public Works Department to complete this project. He said everyone, who comes to see it, is impressed.

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.
  • Attended the Chamber of Commerce Economic Development Committee meeting.
  • Attended the Delaware Valley Health Insurance Trust luncheon meeting.
  • Met with our UniVest representatives to review our needs in banking.
  • Attended the Partnership TMA Annual Awards meeting and Telford Borough nominated James Turnure for the Youth Award for his project in Stover Park.
  • Met with our Solicitor and Verizon regarding a proposed cable contract.
  • Held a pre-construction meeting for the Delbar property project.
  • Attended an Awards Ceremony at the Telford Fire Company in honor of Malcolm Jacobs presented by Firemen's Fund Insurance Company.
  • Held a Ribbon Cutting Ceremony of the Downtown Revitalization Project and the two businesses located in the Train Station and Freight House Building attended by Congressman Charles Dent and other dignitaries.
  • Attended an Impact Fee seminar sponsored by PennDot at the Bucks County Planning Commission.

Manager Mark Fournier attended the Partnership TMA Annual Awards luncheon on June 13th. An award was given to James Turnure for the Youth Award for his project in Stover Park. Mark Fournier and Mark Weand are working on negotiations with Comcast. Firemen's Fund Insurance Company presented a $5,000 award in memory of Malcolm Jacobs. He also attended the Ribbon Cutting Ceremony for Assou's Bistro and Telford Treats by the Tracks.

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

Vice President Stanley Nyce commented there has been a lot of activity. Jay Stover asked if the requests for the clean-up of properties have been successful. Mark Fournier responded this is an on-going effort. Allen Landis and Jay Stover mentioned properties on Main Street and West Broad Street. Mark Fournier remarked that Keystone Municipal Services is making a great effort to contact residents and follow-up when necessary.

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. Having received no response to request for direction, the Zoning Board Solicitor has scheduled a continued public hearing for July 22, 2008 at 7:30 p.m. In conferring with Applicant's attorney, the Solicitor has some reason to believe that the application might be withdrawn. If not, presentation will be made in accordance with council directive. (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) There are no other pending zoning applications at this time.

1. NOBLE OAKS. As previously referenced, escrow refund is required for project close-out. The Solicitor continues in attempts to obtain payment of outstanding obligations by Robert C. Alderfer. In the interim, Michael Evans is requesting refund of escrow posted for construction completion.

2. ASSESSMENT APPEALS. (A) MetPro Corp. There has been no contact since last report. (B) Warren Lumber & Millwork, Inc. On June 19, 2008, the Solicitor attended the Warren Lumber & Millwork, Inc. assessment appeal hearing pertaining to premises situate 1North Washington Street. An Appraisal Report was prepared by Carmodi & Associates on behalf of the Applicant. The testimony of Martin T. Carmodi was presented to the Board in support of request for assessment reduction. A hearing summary along with the Appraisal Report has been submitted to the Manager. The Board's decision remains pending.

3. REVITALIZATION. All revitalization aspects and issues related to the Souderton/Telford Main Street Program continue to be reviewed with the Manager.

4. 2008 BUDGET. Budget aspects continue to be discussed with the Manager as various projects and issues arise.

5. RYAN COURT (ERIE AVENUE TRACT). The legal description of the Ryan Court right-of-way and plan attachment have been provided to the Solicitor for completion of the Roadway Dedication Agreement. There has been no submission with regard to the utility easement over Lot 32 and a Deed of Dedication for a portion of Welker Street. The Solicitor has conferred with John Garis and his legal counsel with regard to these requirements. The Manager and Engineer continue to address project close-out requirements.

6. SKLAR ACCIDENT CLAIM. Oral argument on the Motions for Summary Judgment filed by defendants Gross and Wurst has been scheduled for July 31, 2008 before Judge Arthur R. Tilson. The deposition of plaintiff, Sandy Sklar, has been scheduled for September 23, 2008 at the Montgomery County Courthouse. The Solicitor will attend all proceedings to provide input and assistance in the defense of Telford Borough.

7. TRAIN STATION REHABILITATION PROJECT. The Solicitor continues to confer with the Manager pertaining to various aspects of this project. Informational submissions are assessed for the Solicitor's continued participation.

8. CENTENNIAL PARK IMPROVEMENTS PROJECT. The Solicitor continues to confer with the Manager and Engineer pertaining to various aspects of the Centennial Park improvements project. A site inspection was recently conducted with the Manager. Installation of the walking path and construction of the pavilion are currently underway. The restrictive covenant required by Montgomery County requires completion.

9. DELBAR TRACT SUBDIVISION. (A) On June 12, 2008, the Solicitor recorded the Utility Easement Agreement, the Declaration of Covenants, Easements and Restrictions for the stormwater facilities and the Declaration of Covenants, Easements and Restrictions for the drainage easement, with the Bucks County Recorder of Deeds. All recorded documents were submitted to the Manager for record retention, with copies submitted to legal counsel for the owner. (B) On June 24, 2008, the Lutheran Community completed the real estate settlement on Parcel No. 1. (C) With regard to Parcel No. 2, construction has commenced on the storm sewer system and the Church Road widening. The Solicitor participated in a site inspection with the Manager. Upon issuance of PennDOT approval, the Solicitor will record the Roadway Dedication Agreement.

10. CABLE FRANCHISE. (A) The Manager has requested a follow-up meeting with Comcast representatives to further discuss a revised franchise agreement. (B) Following the May 20, 2008 meeting with Verizon representatives, a revised franchise agreement was submitted for review by the Manager and Solicitor. Thereafter, a follow-up meeting was held with Verizon representatives on June 17, 2008. Further revision has been requested.

13. CHIPLEY CLAIM NOTICE. As previously referenced, claimant has initiated no contact following claim notice. Incident specifics have not been submitted as requested. This item, however, will continue to be referenced by the Solicitor.

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: The Solicitor continues to meet with the Manager and Engineer to discuss all aspects of the Land Development Plan. The Land Development Review (third review) for the Borough and the Water and Sanitary Sewer System Review (third 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 was timely filed by the Engineer on June 9, 2008.

17. INDIAN VALLEY LIBRARY COMMISSION: There is no update 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 remains pending with the Manager and Solicitor.

Solicitor Mark Weand distributed copies of a memo to Mark Fournier regarding the Open Records Law. Telford Borough will be required to establish an Open Records Policy and appoint an Open Records Officer.

Mark Weand also highlighted a few of the items in his report.

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

Mark Fournier explained that this week federal EPA published regulations that will limit phosphorous in Indian Creek. This phosphorous limit is unattainable. Telford Borough Authority has joined a group of townships and municipalities to fight this regulation. Local, state and federal regulators have been approached via written correspondence to aid fighting the stated limit. The phosphorous limit has been set without science because there is no data to support the probability that a decrease in the phosphorous level will have a positive effect on the micro and macro invertebrates in Indian Creek. This phosphorous limit could affect the MS4 communities with discharge limits on our stormwater system as well as the wastewater treatment facility.

FINANCE AND ADMINSTRATIVE COMMITTEE: Mr. Hillegass

A-1 A Hillegass / Crouthamel motion was carried unanimously (5-0) approving the payment of bills for the month of May 2008 in the amount of $208,931.35.

A-2 A Hillegass / Landis motion was carried unanimously (5-0) approving the payment of bills for the month of June 2008 in the amount of $224,261.61.

A-3 Montgomery County Revitalization Program Grant Awards:

Mark Fournier reported he has received correspondence from Montgomery County Planning Commission indicating Telford Borough is receiving a $77,000 grant for park amenities and the parking lot and a $33,000 grant for funding of the Main Streets program for this coming year. Jay Stover asked why Telford Borough received $110,000 rather than the greater amount requested. Scott Hillegass commented that requests made for grant money totaled twice the amount of available grant money.

PLANNING & ZONING COMMITTEE: Mr. Maxwell

PZ-1 A Maxwell / Hillegass motion was carried unanimously (5-0) authorizing Solicitor Mark Weand to move forward with legal requirements to accept Ryan Court as a public street to qualify for liquid fuels and to draft an ordinance for public hearing at a future Council meeting.

ENVIRONMENTAL COMMITTEE:

Stanley Nyce reported the status of the 2005 recycling grant remains the same.

PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE: none

PUBLIC SAFETY COMMITTEE: Mr. Harrell

PS-1 Fire Department Requests:

A Landis / Crouthamel motion was carried unanimously (5-0) to approve Telford Fire Company's requests to attend the Alex's Lemonade Stand at Forrest Road Park, Franconia Township with fire apparatus on 6/8/08; Assist Franconia Police Department with DUI Checkpoint on 6/28/08; good will appearance with apparatus and crew at the Ryan Court Block Party on 8/9/08; attend the Skippack Fire Station Dedication on 8/13/08; and attend the Lansdale Mardi Gras Parade on 11/22/08.

DEVELOPMENT & CULTURE COMMITTEE: Ms. Crouthamel

DC-1 Donald Beck displayed a flag that was purchased in 1991 to demonstrate the worn condition of the flags presently in use. He displayed the flag in three (3) sizes (3' x 5' on a 6' pole, 2 ½' x 4' on a 5' pole, and 2' x 3' on a 5' pole). He also presented a white flag pole and a silvertone flag pole.

A Crouthamel / Landis motion was carried unanimously (5-0) authorizing Mark Fournier to make the selection of flag, flag pole and the account to be accessed for payment.

DC-2 Mark Fournier reported Allen Landis attended the PSAB Conference to accept an award received by Telford Borough for outstanding website in the year 2007. The website was developed by John Ralston of Sitecats Web Development and maintained by Cathy Fried.

DC-3 Mark Fournier mentioned the upcoming "Field to the Table Food Festival" is on Saturday, July 12th from 10:00 a.m. to 4:00 p.m. There will be more food / restaurant vendors and there will be a dunk tank at the end of the pavilion. The festival also includes a non-profit area. Allen Landis asked about the availability of parking. Mark Fournier responded the need to use open street parking spaces in the area as well as the Lutheran Church parking lot. John Ralston is the chairman of the committee that arranged this event.

COMMENTS FROM AUDIENCE:

Resident Linda Morris, 214 E. Broad Street, questioned the start and stop times of construction when work begins at Lutheran Community at Telford. Mark Fournier responded the project is still in the planning stage and that actual construction will not begin for a few months from now. Mark Weand indicated there may be an ordinance that stipulates what time of the morning construction traffic can begin, nor a time of afternoon/evening when construction traffic must cease. Stanley Nyce reported that time of operation will be a part of the new ordinance. Mark said Linda Morris may call the office to request updates on the progress of this project.

Resident Charles Porcelli, 325 N. Third Street, asked why residents are receiving letters that request entrance for the inspection of cellar drains and sump pumps. The letter also includes the inspection of the direction of flow of rainwater from downspouts. Mark Fournier responded these inspections are mandated by PA DEP for the I/I abatement effort to ensure that ground water does not flow directly into the sanitary sewer system. He further commented these inspections will be completed on all properties in Telford Borough and, in fact, many have already been performed street by street.

OTHER BUSINESS: none

The meeting was adjourned at 8:53 p.m. by a Landis / Crouthamel motion.

Respectfully Submitted,

Mark D. Fournier
Secretary

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