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, Stanley Nyce and Scott Hillegass. Council member John Harrell was 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. Also present were Daniel Reavy, Mary Lou Frere and Attorney Richard Mitchell of Verizon.

The invocation was given by Stanley Nyce, followed by the pledge of allegiance.

The November 3rd minutes stated President Robert Baker as being both present and absent. Robert Baker was present so the minutes were corrected to reflect his presence at that meeting. A Nyce / Crouthamel motion carried unanimously (6-0) approving the corrected November 3, 2008 minutes.

The Public Hearing was opened at 7:31 p.m. to consider the adoption of the Telford Borough 2009 Budget.

No public comments were received.

The Public Hearing was closed at 7:32 p.m.

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

Manager Mark Fournier reported the line of credit with Quakertown National Bank will probably be refinanced within the next two (2) months. The interest rates will be researched and compared at that time. Council member Stanley Nyce asked about the status of income from RETT (Real Estate Transfer Taxes). Mark Fournier reported that approximately 75% of the amount budgeted for 2008 has been received.

MAYOR'S REPORT:

Mayor Jay Stover reported he officiated the swearing in of newly hired part-time patrolman Scott Keeler. He hosted the annual Mayor's dinner at the Indian Valley Country Club. There was a large attendance at the book signing event of author John Grogan at the Indian Valley Public Library. The library held a fundraiser Wine Tasting event that was also well attended.

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

I will be away on December 7th and do not expect to be present at the council meeting.

I have attached our calls for service for the month of November.

Lieutenant Floyd will submit his report next month.

Scott Keeler passed his required state examination on November 6, 2008 and was then sworn in as a part-time officer on November 10, 2008 by Mayor Stover. Scott is currently undergoing his officer's field training and doing very well.

Several newspaper articles are attached for your review.

FIRE REPORT: We received the October report for the file.

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 - Nothing at this time.

2. Leaf Collection - Scheduled leaf collection is on-going. We will continue leaf collection throughout December as weather permits.

3. Snow & Ice Removal - Nothing at this time.

4. Summit Avenue Paving - On November 24th & 25th we milled, graded and installed the base paving course on Summit Avenue between Main Street and School Lane. This is a joint project with TBA. The wearing course will be installed next spring.

5. Holiday Wreaths - Our Christmas wreaths along Main Street, West Broad Street, Penn Avenue, and Reliance Road were installed November 26th by our public works crew.

Council member Stanley Nyce asked how much longer the public works crew will be collecting leaves. Public Works Director Donald Beck reported leaf collection will continue through the week of December 8th. One of the trucks blew a head gasket so it is not available for use at this time.

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 our Solicitor and Comcast and Verizon to complete negotiations on our new proposed contracts.
• Attended the Montgomery Awards at the Montgomery County Planning Commission and accepted the 2008 Revitalization Award for the Marketplace at Telford Station.
• Met with the Indian Valley Public Library Director to discuss parking issues with recreational programs.
• Attended a PECO "Green Futures" seminar about facility energy savings.
• Attended the Bucks County Consortium Meeting.

Manager Mark Fournier reported a great deal of effort has been expended on the Comcast Cable and Verizon Cable Franchise Agreements. He also attended the Green Futures seminar presented by PECO. Council member Carolyn Crouthamel asked if the seminar was informative. Mark Fournier reported the subject matter of the seminar was alternative energy that will be achieved by utilizing off-shore turbine windmills and solar power. Current calculations indicate the $24,000 cost for installation of a solar powered system will take approximately 7 years to recoup. Council member J. Allen Landis asked if any area businesses are using solar power. Carolyn Crouthamel responded an area business is using a parking lot area for the necessary solar panels. Council member Jeffrey Maxwell asked if there has been any contact from Metro Development Company of Philadelphia regarding how it will affect traffic in Telford. Mark Fournier responded there has been no contact.

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

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. The property remains listed for sale with no Solicitor contact for status report submission. (C) Joseph Nitterour Zoning Application. This Application will remain pending until adoption of the new Zoning Ordinance at which time the property use will become conforming eliminating the necessity of a Zoning Board Hearing. As previously referenced, this Use Variance Application pertains to premises situate 261 W. Broad Street. (D) 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. There has been no activity since last report. (C) Lutheran Community at Telford. The Solicitor has engaged in several conversations with legal counsel for the Lutheran Community at Telford to discuss a PILOT Agreement for all parcels similar to the March 11, 2008 Agreement for a segment of the total ownership area. The Lutheran Community has renewed its intent to enter into a PILOT Agreement, however, it desires a meeting for discussion of terms. A joint meeting will be scheduled promptly. (D) The Solicitor has received notice that the interim assessment of $100,000.00 on property located at 334 W. Broad Street is proper and shall remain at its current amount effective August 1, 2008. Obviously, no action will initiated on behalf of the Borough.

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

4. BUDGET. The 2009 General Fund Budget and Tax Levy Ordinance have been reviewed by the Solicitor in conjunction with the Manager. Both are subject to approval and adoption by Council at meeting scheduled for December 8, 2008.

5. RYAN COURT (ERIE AVENUE TRACT). On November 7, 2008, the Solicitor recorded a Roadway Dedication Agreement for Ryan Court and the Welker Street Alley. The Ordinance accepting the Ryan Court dedication was adopted by Borough Council on November 3, 2008. Ordinance No. 374 providing for acceptance of the Welker Street Alley is subject to adoption by Council on December 8, 2008. This will complete the closeout requirements for the Ryan Court development. As previously represented, the Grant & Bill of Sale for Borough Facility Dedication has been signed by all parties.

6. SKLAR ACCIDENT CLAIM. There remains no activity since last report. The depositions of the plaintiff and Manager have not been rescheduled.

7. CENTENNIAL PARK IMPROVEMENTS PROJECT. (A) Borough Engineer correspondence pertaining to contractor completion aspects of this improvement project continues to be reviewed by the Solicitor. The issue involves the ground cover on the fields which is still not in a condition acceptable to the Borough. A remediation plan has been requested. (B) The restrictive covenant requested by Montgomery County remains pending with the Solicitor.

8. DELBAR TRACT SUBDIVISION. On December 3, 2008, the Solicitor met with the Manager and Engineer to discuss the closeout requirements for this project. A final inspection punch list has been issued by the Engineer. A Roadway Deed of Dedication will be prepared by the Solicitor. The Engineer will prepare a list of facilities to be dedicated to the Borough by a Grant & Bill of Sale which will be prepared by the Solicitor.

9. CABLE FRANCHISE. (A) On November 10, 2008, the Solicitor met with the Mark Fournier and Brian Jeter, to review the revised draft of the Comcast Cable Franchise Agreement. On December 2, 2008, the final draft of the Comcast Cable Franchise Agreement was received. Following review, it was noted that the revisions suggested at prior meeting were incorporated. Accordingly, it is represented by the Solicitor that adoption of Ordinance 376 providing for acceptance of the Comcast Agreement would be appropriate by Council on December 8, 2008. (B) On November 12, 2008, the Solicitor met with the Manager and Verizon representatives to review the revised Cable Franchise Agreement between the Borough of Telford and Verizon Pennsylvania, Inc. It is represented by the Solicitor that adoption of Ordinance No. 377 accepting the Verizon Cable Franchise Agreement would be appropriate by Council on December 8, 2008. Both Ordinances were prepared by the Solicitor in conjunction with the Manager and duly advertised. (C) On November 19, 2008, the Solicitor met with the Manager and the Council Finance & Administration Committee to review the proposed Comcast and Verizon Cable Franchise Agreements. Following presentation, the Committee concluded that it would recommend adoption to Borough Council. The Committee was further advised that representatives from Comcast and Verizon would be present at the December 8, 2008 Council meeting to answer any questions that may arise. The Committee determined that a formal presentation would not be required by these representatives.

1. CHIPLEY CLAIM NOTICE. As previously represented, a Writ of Summons in Civil Action was served on August 25, 2008. Subsequently, the Solicitor has been advised that a formal demand package has been submitted to the Borough insurance carrier. The Solicitor has initiated contact with the law firm handling this claim on behalf of the carrier requesting a copy of the submission. The Borough conducted its own investigation at the time of this incident and fully intends to participate in this proceeding.

11. CURBSIDE COLLECTION OF LEAF WASTE. Communication has been received from the Solicitor for the Northern Montgomery County Recycling Commission acknowledging receipt of amended and restated Intermunicipal 2007 Agreement and Ordinance No. 368. A request has been made for an amendment to said Ordinance with regard to handling, collection and disposal of leaf waste. The Solicitor will attend to this request in conjunction with the Manager.

12. LANDIS SUPERMARKET. This expansion project continues to be reviewed with the Manager and Engineer for aspects that affect the Borough such as traffic signal improvement at the County Line and Church Road intersection. As previously represented, Service Agreements will pertain only to the Authority.

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

14. BUCKS COUNTY WASTE MANAGEMENT PLAN: The Bucks County Municipal Solid Waste Management Plan Revision continues under review with the Manager.

15. ZONING ORDINANCE AMENDMENT: At the last Committee review meeting on October 20, 2008, numerous comments were submitted to the Montgomery County Planners for Ordinance revision. A revised draft has been received by the Borough on December 4, 2008. A copy will be provided to the Solicitor for review.

16. OPEN RECORDS LAW: Work continues on compliance with the Pennsylvania Right to Know Act which will become effective January 1, 2009. A meeting will be scheduled with Manager to review material for adoption by Council.

Solicitor Mark Weand reported he has had no further contact regarding the Rock Community Church zoning application. The application by Joseph Nitterour is still pending awaiting the adoption of the new Zoning Ordinance wherein the use of the property will conform to zoning. A meeting has been scheduled for December 16th with legal counsel of Lutheran Home at Telford to negotiate a Payment In Lieu of Taxes Agreement. One (1) agreement will include all seven (7) tax parcels. A punch list has been developed by engineer Patrick DiGangi on the Delbar Tract subdivision. The engineer will advise Solicitor Weand when it is appropriate to prepare the Deed of Dedication and Grant and Bill of Sale. These documents are necessary for closure of this project. Mark Weand commented on his positive experience in meetings with Comcast Cable and Verizon regarding the negotiation process.

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

COMMENTS FROM AUDIENCE: none

FINANCE AND ADMINSTRATIVE COMMITTEE: Mr. Hillegass

A-1 A Hillegass / Crouthamel motion was carried unanimously (6-0) approving the payment of bills for the month of November 2008 in the amount of $205,485.78.

A-2 A Hillegass / Crouthamel motion was carried unanimously (6-0) approving the 2009 Budget.

A-3 A request was received from TIDA for approval of a project in Doylestown, PA. This project is a 43,500 square foot, four-story parking garage at Doylestown Hospital that will provide approximately 400 parking spaces.

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

A-4 A Hillegass / Landis motion was carried unanimously (6-0) approving the 2009 Holiday Schedule.

A-5 A Hillegass / Maxwell motion was carried unanimously (6-0) to adopt Tax Levy Ordinance No. 375.

A-6 A Hillegass / Crouthamel motion was carried unanimously (6-0) authorizing the appropriate officials to sign the renewal Cable Franchise Agreement between Borough of Telford and Comcast of Southeast Pennsylvania, LLC.

A-7 A Hillegass / Crouthamel motion was carried unanimously (6-0) authorizing the appropriate officials to sign the Cable Franchise Agreement between Borough of Telford and Verizon Pennsylvania Inc.

PLANNING & ZONING COMMITTEE: Mr. Maxwell

PZ-1 A Maxwell / Crouthamel motion was carried unanimously (6-0) to accept dedication of Welker Street Alley and other facilities as detailed in Ordinance No. 374.

PZ-2 A Maxwell / Hillegass motion was carried unanimously (6-0) to adopt Ordinance No. 374 defining the location of, laying out, opening, and accepting a segment of the street known as Welker Street Alley in the Borough of Telford.

ENVIRONMENTAL COMMITTEE: Mr. Nyce

Stanley Nyce attended a committee luncheon. He reported the 2006 grant money will probably be received within the next few months. He also reported the value of recyclables has fallen dramatically. Mr. Nyce questioned if an amended ordinance has been prepared to include requirements for the spring collection of leaves and yard waste. Mark Fournier said he will review the file and report to Borough

Council. Solicitor Mark Weand felt the required amendment was to have been forwarded to Telford Borough by the Northern Montgomery County Recycling Commission's attorney.

PUBLIC WORKS / BUILDINGS & PLANT COMMITTEE: Mr. Landis

PUBLIC SAFETY COMMITTEE: Mr. Harrell

DEVELOPMENT & CULTURE COMMITTEE: Ms. Crouthamel

DC-1 Scott Hillegass presented the 2008 Montgomery County Revitalization Award to Borough Council. He and eight (8) people from Souderton Telford Main Streets and Borough Council attended the ceremony on November 12th in Norristown. The Telford Marketplace was selected for the Award by the Revitalization Committee. Scott Hillegass said this is a good example of two communities working together.

Carolyn Crouthamel met with Brian Goshow, a member of the Indian Valley Regional Planning Commission. He would like the Indian Valley Regional Planning Commission to become involved in projects that involve area communities such as, possibly, the Souderton Pool.

OTHER BUSINESS: none

The meeting was adjourned at 9:19 p.m. by a Nyce / Crouthamel motion.

Respectfully Submitted,

Mark D. Fournier

Secretary