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

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September 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: J. Allen Landis, Carolyn Crouthamel, Jeffrey Maxwell, John Harrell, Stanley Nyce, and Scott Hillegass. Also present were Mayor Jay Stover, Manager Mark D. Fournier, Public Works Director Donald Beck, Recording Secretary Cathy Fried, Solicitor Mark E. Weand, Jr., Tax Collector Emiline Weiss, and press reporters. Police Chief Douglas Bickel arrived at 7:45 p.m.

The invocation was given by J. Allen Landis, followed by the pledge of allegiance.

Council member Stanley Nyce noted the year being questioned for the recycling grant is 2003, not 2004. A Nyce / Crouthamel motion carried unanimously (7-0) approving the corrected August 4, 2008 minutes.

TREASURER'S REPORT: was unanimously (7-0) approved by a Landis / Crouthamel motion.

Mark Fournier reported RETT is still short approximately $52,000 but he is not concerned because the RETT from the sale of the Delbar Tract should be received in the near future. Some projects that were originally budgeted for this year have been re-scheduled for 2009 to balance this shortfall.

MAYOR'S REPORT:

Mayor Stover reported there was no monthly meeting of the Library Board during the month of August. The Univest Grand Prix will be held in Telford this Saturday. A portion of Telford Borough will be closed from 10 a.m. to 3 p.m. He attended the presentation of the $245,000 grant check by Congressman Charles Dent. Congressman Dent ended his visit with a brief question and answer session with Telford residents.

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

David Stevens has received his certification number from the Pennsylvania Municipal Police Officers Education and Training Commission. He began his required field training and will be ready to cover shifts as soon as his field training is complete. I am anxious to get him on board as soon as possible due to our being short-handed with Officer Hunsberger's departure.

On July 15th we were audited by the Attorney General's Office on our record keeping practices. We are required to maintain criminal records in a certain manner. For example juvenile records MUST be kept separate from adult records. We must make a record of release whenever a person's criminal history is given out and many other rules and regulations that go along with maintaining proper files and safeguarding a person's criminal history. I am pleased to say that we passed this audit and that our record keeping policies and practices are commensurate with the best practices within the Commonwealth.

Officer Minninger wrote a memo outlining the acquisition of a pair of Stedi-Eye Binoculars. His memo is included with my report.

Also attached is a letter of thanks from Tri-Valley Primary Care and newspaper clippings for the month of July.

FIRE REPORT: no report

LIBRARY REPORT: no report

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

1. Train Station Project - Nothing at this time.

2. Centennial Park Phase II - We are coordinating the purchase of the electrical components and materials. Items to be completed include the concrete floor for the pavilion, the drinking fountain, electrical installation, and grading and seeding.

3. Farmers Market - We continue to prepare for the Farmer's Market each Friday.

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

5. Community Building - A new de-humidifier was purchased and installed for the basement area. Also, window covers have been ordered and will be installed by our public works team when received. I am in the process of compiling a list of repairs / improvements to be presented at a future date.

Stanley Nyce questioned the nature of the repairs needed at the Community Building. Public Works Director Donald Beck reported there is a continuing water problem in the basement due to rainwater entering through a window thereby causing mold and mildew in addition to staining the wall. A de-humidifier has been purchased and window well covers are being made to alleviate the window leakage problem. He further indicated he is compiling a list of items requiring maintenance which he will submit to the Public Works / Buildings & Plant Committee. Stanley Nyce asked if the Community Building is checked after each rented occasion. Donald Beck responded the facility is inspected after each event.

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.
  • Met with the Lutheran Home personnel regarding their proposed land development project and building design.
  • Met with the Montgomery County Planning Commission regarding a future potential planning contract.
  • Met with an Indian Valley YMCA representative to discuss community needs with them.
  • Met with representatives of Bryn Athyn Borough regarding potential grant projects and how to apply for various types of grants.
  • Met with our zoning officer and a resident regarding a potential renovation project.
  • Met with our Solicitor to review our cable contract and future negotiations.
  • Submitted information to reviewing agencies for reimbursement of the federal grant awarded for the Freight House renovation.

Manager Mark Fournier reported he has had an additional meeting with Lutheran Community at Telford today to discuss the whole Delbar Tract. Phase I will encompass work being done at the Washington Street facility.

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

Stanley Nyce commented the Building Official's Report indicates a lot of work needs to be done at the New Telford Inn. Mark Fournier reported Richard O'Brien obtained an administrative search warrant that uncovered numerous code violations.

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. The Solicitor has been advised that the subject property has been listed for sale. Accordingly, it would appear that the use presented to the Zoning Hearing Board will not proceed. (C) Gary Sellars Zoning Application. Written confirmation of the Zoning Hearing Board action on July 22, 2008 has been received by the Solicitor. As indicated, request to convert existing single family dwelling into a two family dwelling was withdrawn. A variance to enclose the front porch was denied. The Board's written decision will issue at a future date. (D) Joseph Nitterour Zoning Application. There remains no update to report. (E) 176 W. Broad Street. This property is currently listed for sale. Following a call from the realtor, the Solicitor rendered a zoning opinion to the office staff. (F) There are no other pending zoning applications at this time.

2. NOBLE OAKS. As referenced, payment has been received from Robert C. Alderfer. The Solicitor has reviewed project closeout submissions to Michael Evans. Accordingly, this items will be deleted from further report.

3. ASSESSMENT APPEALS. (A) MetPro Corp. There has been no contact since last report. (B) Warren Lumber & Millwork, Inc. As indicated, Notification of Assessment Reduction was submitted on July 14, 2008. Prior to expiration of the 30 day appeal period, the Solicitor called legal counsel for the School District to be advised that no appeal was intended. Shortly thereafter, Warren Lumber filed an appeal petition with the Montgomery County Court of Common Pleas. Subsequently, the Assessment Board filed an Answer to the Appeal Petition. Thereafter, the Solicitor on August 25, 2008 filed a Notice of Intervention with the court. To date, no submissions have been received from the School District. (C) Lutheran Community at Telford. Notice has been received that the Montgomery County Board of Assessment Appeals will conduct an exemption hearing pertaining to the seven parcels comprising the Lutheran Community at Telford. The Solicitor will attend to assure compliance with commitment for payment in lieu of taxes to the Borough of Telford for municipal services rendered.

4. REVITALIZATION. Souderton/Telford Main Street Program issues continue to be referenced with the Manager.

5. 2008 BUDGET. Budget aspects continue to be considered with the Manager.

6. RYAN COURT (ERIE AVENUE TRACT). As referenced, the Roadway Deed of Dedication has been prepared by the Solicitor. There continues to be no submission with regard to the Utility Easement over Lot 32 or a Deed of Dedication for a portion of Welker Street.

7. SKLAR ACCIDENT CLAIM. Communication with regard to this pending litigation continues to be reviewed by the Solicitor for input on behalf of the Borough. The depositions of the plaintiff and Manager remain scheduled for September 23, 2008. The Solicitor will attend. A preparation meeting will be held with the Manager and insurance carrier attorney.

8. CENTENNIAL PARK IMPROVEMENTS PROJECT. Project status and detail are discussed at various intervals with the Manager and Engineer. The restrictive covenant remains pending with the Solicitor.

9. DELBAR TRACT SUBDIVISION. A punch list inspection is required for the Church Road construction which has been completed. The Roadway Dedication will be prepared by the Solicitor upon issuance of PennDOT approval.

10. CABLE FRANCHISE. (A) On August 26, 2008, the Solicitor met with the Manager to review the requested resubmission by Comcast of proposed Cable Franchise Agreement. The supplemental submission represents a more substantive format and akin to the type of agreement deemed acceptable by the Manager and Solicitor. A review meeting with the Comcast representative has been requested. (B) There has been no follow-up submission from Verizon following Manager and Solicitor meeting with representatives on June 17, 2008.

11. CHIPLEY CLAIM NOTICE. On August 8, 2008 a Praecipe for Summons was filed with the Montgomery County Prothonotary. A Writ of Summons in Civil Action was subsequently served on the Borough. This procedure is utilized to toll the two year statute of limits without filing a full complaint. The Borough insurance carrier, which had been previously notified on issuance of claim notice, was immediately contacted by the Manager following discussion with the Solicitor.

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

13. LANDIS SUPERMARKET. Since this land development project is not situate within the Borough, legal agreements would pertain only to the Authority service requirements. Coordination is maintained, however, for aspects that do affect the Borough.

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

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

16. ZONING ORDINANCE AMENDMENT: A revised draft encompassing changes delineated at July 17, 2008 and July 24, 2008 meetings has not been received from the County Planners.

17. OPEN RECORDS LAW: The Solicitor is currently working on material for compliance with the Pennsylvania Right-to-Know Act, the latest version of the Open Records Act which will become effective January 1, 2009. Submissions will be made to Council following review with the Manager.

Solicitor Mark Weand reported he has had no contact from Rock Community Church regarding the sale of the building. The opinion has been rendered for the Sellars zoning variance application. Mark Fournier and Richard O'Brien met with Mrs. Sellars to discuss any possible changes that could accomplish what she may wish to do to her property and comply with zoning. Mark Weand reported the Noble Oaks project is closed and will be deleted from his future reports. He has filed a Notice of Intervention on behalf of Telford Borough regarding the Warren Lumber appeal for an assessment reduction. Mark Weand reported he received notice from the Montgomery County Board of Assessment Appeals that there will be a hearing regarding exemption from County and School taxes. He further stated he will attend the hearing. The Lutheran Community at Telford has indicated they will enter into agreement with Telford Borough for payment in lieu of taxes. Mayor Jay Stover asked if there is a predetermined duration of the agreement. Mark Weand responded there is no stated term.

Mark Weand and Mark Fournier met on August 26th to review the proposed Comcast Cable contract. Mark Weand requested and has received a resubmission that has more substance. He has asked for a meeting with a Comcast representative. Mark Weand has not had contact from Verizon since the meeting in June. Regarding the Open Records Law, Mark Weand will meet with Mark Fournier and present an updated Open Records Policy to Borough Council before January, 2009 when this law becomes effective.

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

COMMENTS FROM AUDIENCE: none

A-1 A Hillegass / Crouthamel motion was carried unanimously (7-0) approving the payment of bills for the month of August 2008 in the amount of $187,408.18.

A-2 Mark Fournier explained the Lion's Club made a large donation to the Telford Borough Police Department Holiday Drive. In past years, all funds collected for the Holiday Drive were utilized so there has not been a need for an account. However, funds received from the Lion's Club will probably not be expended in a single year. Therefore, there is a need to open an account and maintain the balance of remaining funds.

A Hillegass / Landis motion was carried unanimously (7-0) approving the opening of the Telford Police Holiday Drive Fund account at Univest National Bank & Trust.

A-3 Adoption of the Minimum Municipal Obligation for the Non-Uniformed and Police Pension Plans:

A Hillegass / Crouthamel motion was carried (7-0) adopting the Minimum Municipal Obligation for the year 2009 for the Non-Uniform Pension Plan in the amount of $70,942.42 and for the Police Pension Plan in the amount of $0.

PLANNING & ZONING COMMITTEE: Mr. Maxwell

ENVIRONMENTAL COMMITTEE: Mr. Nyce

PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE: Mr. Landis

PUBLIC SAFETY COMMITTEE: Mr. Harrell

PS-1 Fire Department Requests:

A Harrell / Hillegass motion was carried unanimously (7-0) to approve Telford Fire Company's request to attend the Mango Men Concert (rescheduled due to rain) at Franconia Community Park, Fire Police on 8/21/08 and to attend the Franconia Mennonite Church Community Day & Fireworks on 10/11/08.

DEVELOPMENT & CULTURE COMMITTEE: Ms. Crouthamel

COMMENTS FROM AUDIENCE: none

OTHER BUSINESS: none

The meeting was adjourned at 8:18 p.m. by a Harrell / Crouthamel motion.

Respectfully Submitted,

Mark D. Fournier
Secretary

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