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

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October 6, 2008

The Telford Borough Council meeting held this date was called to order at 7:31 p.m. by Vice President Stanley Nyce with the following members in attendance: Carolyn Crouthamel, Jeffrey Maxwell, John Harrell, and Scott Hillegass. Mayor Jay Stover and Council members Robert Baker and J. Allen Landis were absent. Also present were Manager Mark D. Fournier, Public Works Director Donald Beck, Recording Secretary Cathy Fried, Police Chief Douglas Bickel, and press reporters.

The invocation was given by Jeffrey Maxwell, followed by the pledge of allegiance.

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

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

Mark Fournier reported RETT is still a little light and gasoline expenses are greater than the budgeted amount. The dollar amounts for gasoline and salt will probably be increased in the upcoming budget.

MAYOR'S REPORT: no report

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

I have attached a printout of our Calls for Service for the month of September.

David Stevens is near to completing his field training and will be ready to cover shifts on his own within the next two weeks.

The process for replacing part-time officer Chris Hunsberger is going well. I expect to name a candidate within the next few weeks.

FIRE REPORT: no report

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

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

1. Centennial Park Phase II - We installed the underground conduit for the lights and outlets to be installed in the pavilion. Also, the electrical components and light fixtures have been ordered. Items to be completed include the concrete floor for the pavilion, the combination electrical panel / bulletin board kiosk, the drinking fountain, and grading and seeding along the walking path.

2. Farmer's Market - We continue to prepare for the Farmer's Market each Friday. The final Saturday for the market is scheduled for October 18th.

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

4. Community Building - Nothing at this time.

5. 2009 Budget - I will be working on budget items that pertain to public works.

Public Works Director Donald Beck reported on the progress at Centennial Park. The concrete floor was installed in the pavilion. The electric panel / bulletin board kiosk will be installed and there will be further grading and seeding. He expressed the possibility of the baseball fields being used next year. Donald Beck briefly explained that the Sellersville interconnection should be up and running this month. He also explained the Summit Street laterals should be completed this week. Also, leaf collection will begin soon. Council member John Harrell asked if the landscaping is complete. Manager Mark Fournier responded the slit seeding has been done, however, there are broad leaf weeds that will need to be taken care of next spring.

Stanley Nyce asked about the success of the Farmer's Market this year. Mark Fournier indicated the Farmer's Market has done very well this year.

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 engineers regarding their proposed land development project and building design.
  • Met with an applicant regarding a proposed sign for her home occupation / business.
  • Met with our Solicitor and Comcast to review our cable contract and negotiate a new contract.
  • Submitted information to reviewing agencies for reimbursement of the federal grant awarded for the Freight House renovation.
  • Coordinated plan review of new business to occupy 100 Emlen Way and met with Zoning Officer and Applicant's staff to document plan submission.
  • Met with the insurance agent and finance director to coordinate insurance renewal application and budget costs.
  • Began budget preparation.
  • Attended the Partnership TMA monthly Board meeting and was appointed to their Board of Directors.
  • Attended the Indian Valley Chamber of Commerce Economic Development Committee meeting.
  • Attended the Montgomery County Borough's Association monthly meeting.
  • Coordinated review of dedication documents pertaining to Ryan Court.

Manager Mark Fournier reported that he and Solicitor Mark Weand are still working on the Comcast Cable and Verizon agreements and have met with representatives of TEVA regarding their future expansion. TEVA is presently a sewer customer. Mark Fournier and Mark Weand are also working with the future tenant of 100 Emlen Way. Mark Fournier reported the Wastewater Treatment Facility Worker has been hired and he started today. He also reported that Engineer Patrick DiGangi is working on updating the tapping fee study.

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

A brief discussion was held concerning the Uniform Construction Code and how it impacts borough residents. Mark Fournier explained that one of the functions of the Uniform Construction Code is to ensure safety by requiring the proper plans and planning.

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 remains no contact. As represented, the property has been listed for sale. (C) Gary Sellars Zoning Application. The Board's written decision has been received and reviewed by the Solicitor. The discussion section recognizes the requirement for compliance with the legal standards set forth in the Municipalities Planning Code and the Telford Borough Zoning Ordinance. Following request, the Manager and Zoning Official met with Mrs. Sellars to discuss all aspects of the Zoning Application, the Board's decision and related issues of concern. This item is deemed concluded and, therefore, will be deleted from further report. (D) Joseph Nitterour Zoning Application. There remains no update to report. (E) There are no pending zoning applications at this time.

2. ASSESSMENT APPEALS. (A) MetPro Corp. There has been no contact since last report. (B) Warren Lumber & Millwork, Inc. Subsequent to last report, the Solicitor for the Souderton Area School District filed a Notice of Intervention, an Entry of Appearance, and Answer to the Petition for Appeal with the Montgomery County Court of Common Pleas. (C) Lutheran Community at Telford. On September 15, 2008, the Solicitor attended an exemption hearing on the seven parcels comprising the Lutheran Community at Telford as conducted by the Montgomery County Board of Assessment Appeals. Following the formal proceedings, legal counsel for the Lutheran Community confirmed to the Solicitor intent to make payment in lieu of taxes to the Borough of Telford for municipal services rendered. Subsequently, the Solicitor received notification dated September 18, 2008 that exemption status has been granted to all referenced parcels effective January 1, 2009 and thereafter. (E) The Solicitor has received notice of an assessment appeal hearing pertaining to property located at 207 Hamlin Avenue. Since this represents a residential property, Telford Borough will not participate.

3. REVITALIZATION. Issues pertaining to the Souderton/Telford Main Street Program continue to be referenced with the Manager as they arise.

4. 2008 BUDGET. Efforts to draft the 2009 Budget will be initiated shortly by the Manager. Discussion will be maintained with the Manager for Solicitor input as requested.

5. RYAN COURT (ERIE AVENUE TRACT). On September 15, 2008, the Solicitor received submissions from Mark Herrmann (Investment Developers, LLC) intended for closeout of the Ryan Court development. Thereafter, the Solicitor met with the Manager and Engineer on September 26, 2008 to review the submissions. By reason of the reconfiguration of Lot 31, Mark Herrmann will be able to convey the irregular segment of Welker Street for the required roadway dedication to Telford Borough. The Engineer will prepare the legal description and plan attachment for document preparation by the Solicitor. It was also determined that a utility easement over Lot 32 will not be required since the recorded plan shows a private easement for the lateral.

6. SKLAR ACCIDENT CLAIM. The depositions of the Plaintiff and Manager as scheduled for September 23, 2008, were postponed since Plaintiff's attorney was attached for a Montgomery County Court Arbitration on the same date. Accordingly, the depositions require rescheduling. In the interim, the Solicitor continues to monitor all correspondence, especially periodic reports provided by T.X. McAndrew, Esquire to IRM/PIRMA.

7. CENTENNIAL PARK IMPROVEMENTS PROJECT. (A) Completion aspects continue to be referenced with the Manager and Engineer, especially seeding restoration. The Engineer's notice to S&H Landscaping referencing the restoration work and directing a

completion date by October 3, 2008 has been reviewed by the Solicitor. Subsequently, slit seeding was applied. (B) Completion of the restrictive covenant requested by Montgomery County remains pending.

8. DELBAR TRACT SUBDIVISION. The punch list for the Church Road construction requires completion by CKS. Upon issuance of PennDOT approval, the Solicitor will prepare a Roadway Dedication Agreement for Bucks County recording.

9. CABLE FRANCHISE. (A) On September 10, 2008, the Solicitor met with the Manager and Brian Jeter, Senior Director of Government Affairs, to review the revised Comcast Cable Franchise Agreement. Each term of the proposed Agreement was considered in detail. Comcast was flexible on the discussion issues whereby agreement was reached. A final draft agreement is to be submitted by Comcast which will be presented to committee for approval. A December adoption date by Council is projected. (B) On September 18, 2008, the Solicitor conferred with Richard Mitchell, Esquire, the attorney negotiating the Verizon Cable Franchise Agreement. The Solicitor referenced the terms that were negotiated with Comcast and projected an adoption date of December 1, 2008. Mr. Mitchell indicated he would review the issues still subject to negotiation and determine if more favorable terms could be extended. It is projected that a final draft Agreement will be submitted in the near future as Verizon is anxious to have its agreement adopted simultaneous with the Comcast Agreement.

10. CHIPLEY CLAIM NOTICE. There has been no contact subsequent to service of the Writ of Summons in Civil Action on August 25, 2008. As indicated, contact is being maintained with the Borough insurance carrier.

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

12. LANDIS SUPERMARKET. This expansion project continues to be reviewed with the Manager and Engineer for aspects that affect the Borough. Service Agreements will pertain only to the Authority.

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

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

15. ZONING ORDINANCE AMENDMENT: The Solicitor has just received a revised draft from the Montgomery County Planners encompassing changes delineated at July meetings with the Manager, Zoning Official and Zoning Board Solicitor. A review for comment and input will be initiated promptly by the Solicitor. A committee review meeting will be held on October 20, 2008 for recommendation to Council.

16. OPEN RECORDS LAW: The Solicitor continues to work 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. A review meeting will be scheduled with the Manager.

17. DISTRICT ATTORNEY REQUEST: The Solicitor has received correspondence from the Montgomery County District Attorney's Office requesting copies of certain documents from the Telford Borough public records. This communication has been reviewed with the Manager who, in turn, has complied, following contact for clarification and assessment. The request is in conjunction with a county wide study pertaining to the financial disclosure requirements of municipalities which has been initiated by the new Public Corruption Unit.

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

Mark Fournier reported the engineer is working on dedication issues with Ryan Court on Erie Avenue.

COMMENTS FROM AUDIENCE:

Following the discussion concerning the Uniform Construction Code, borough resident Linda Morris, 214 E. Broad Street, commented that she owns one of the oldest houses in the Borough. She said the house presently has knob and tube wiring and then questioned if it would be necessary that the wiring be replaced before resale. It was Council's opinion the wiring would not need to be replaced.

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 September 2008 in the amount of $200,848.71.

PLANNING & ZONING COMMITTEE: Mr. Maxwell

ENVIRONMENTAL COMMITTEE: Mr. Nyce

Stanley Nyce reported he received a check from the Northern Montgomery County Recycling Commission in the amount of $11,188.31 for the 2005 grant. He delivered the check to Mark Fournier at the Borough Office. The Commission is now reviewing records for the 2006 grant.

PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE: Mr. Landis

PUBLIC SAFETY COMMITTEE: Mr. Harrell

PS-1 Mark Fournier attended the Montgomery County Transportation Funding Forum. He distributed a feedback form to council members. He asked them to complete the forms and return them by October 31st. Mark Fournier stated Montgomery County is considering including this funding in next year's budget. He further stated that Montgomery County is very progressive in its attempt to attract business for economic development.

DEVELOPMENT & CULTURE COMMITTEE: Ms. Crouthamel

DC-1 Pennridge Community Senior Center Presentation

Mark Fournier explained he received a letter from the Pennridge Community Senior Center asking permission to make a brief presentation to Borough Council concerning financial support for the Center. They, however, were unable to attend tonight's meeting. They have indicated they would like to address Borough Council at the November meeting.

OTHER BUSINESS:

Scott Hillegass reported Telford Borough will receive the Montgomery County Revitalization Award on November 12th. Council is invited to attend.

Police Chief Douglas Bickel informed Borough Council he would like to apply for a PennDot Pedestrian Sign Grant. This would provide funds to place pedestrian crossing signs where needed. It was the consensus of Borough Council that Police Chief Douglas Bickel complete the appropriate paperwork to be submitted to PennDot.

The Borough Council entered executive session at 8:40 p.m.

The Borough Council exited executive session at 8:42 p.m.

A Hillegass / Crouthamel motion was carried unanimously approving an increase in salary for Christopher Haddon from $13.50 per hour to $16.00 per hour effective August 28, 2008.

The meeting was adjourned at 8:44 p.m. by a Harrell / Crouthamel motion.

Respectfully Submitted,

Mark D. Fournier

Secretary

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