East Norriton Township Board of Supervisors
Regular Meeting Minutes
November 30, 2006

Please Note: Official Minutes are available for review at the Township Building.

            The Regular Meeting of the Board of Supervisors of East Norriton Township was called to order by the Chairman, Mr. Donald Gracia, at 7:04 p.m. on Thursday, November 30, 2006, at the Township Municipal Building.  Supervisors present were Donald J. Gracia, Lewis K. McQuirns, James K. Staufenberg, James J. Serratore and Karen “Kandy” Heckman.

            Following roll call, Mr. Gracia offered a prayer and the Pledge of Allegiance was then recited by all in attendance.

            The Chairman asked for a moment of silence in memory of Joe Feeley a member of the Norriton Fire Engine Company and Mary Teresa Linberg, mother of Doug Linberg of the Norriton Fire Engine Company and Rodney Smith, father of Phil Smith of the Norriton Fire Engine Company.

            The Chairman introduced the first item on the agenda, Swearing in of new Zoning Officer – Bryan J. Bortnichak.  Chairman, Donald Gracia swore in Bryan Bortnichak as the Township’s new Zoning Officer.

            The Chairman introduced the next item on the agenda, Probationary Officer – Cristie Soto.  Police Chief, John McGowan recommended Officer Soto be granted permanent status as a Police Officer of East Norriton Township.  Mrs. Heckman made a motion to approve Chief McGowan’s recommendation. After requesting any comments and there being none, the motion was seconded by Mr. Staufenberg and approved unanimously.

            The Chairman introduced the next item on the agenda, Resolution No. 2327 – Proclamation of the Start of the Christmas Holiday Season.  Township Manager, Helmuth Baerwald read Resolution No. 2327 into record proclaiming Saturday, December 2nd, 2006 as the official start of the Christmas holiday season in East Norriton Township.  Mrs. Heckman made a motion to approve Resolution No. 2327.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.

            The Chairman introduced the next item on the agenda, Resolution No. 2328 – Authorize the sale of a Police Department vehicle.   Mr. Staufenberg made a motion to authorize advertisement for bids of the sale of a 1998 Mercury Sable to be opened at the December regular meeting.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.

            The Chairman introduced the next item on the agenda, PECO Grant.  This is an informational item, the Township has been awarded a PECO grant in the amount of ten thousand dollars for the Liberty Bell Trail.

            The Chairman announced the Board of Supervisors met with the Norriton Fire Engine Board of Trustees on Thursday, October 26, 2006, held an executive workshop meeting on Tuesday, November 7, 2006 and met earlier this evening in Executive Session to discuss matters litigation and personnel.

            Mr. Serratore made a motion to approve the minutes of the Special Meeting and the Regular Meeting of October 24, 2006.  After requesting any comments and there being none, the motion was seconded by Mr. Staufenberg and approved unanimously.

Mr. Staufenberg made a motion to approve the Finance Reports for October, 2006.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously. 

The Chairman requested that the reading of the Committee Reports for October, 2006 be deferred and also commented that the Committee Reports were available on the table in the back of the meeting room.  Mrs. Heckman made a motion to approve the Committee Reports for October, 2006.  After requesting any comments and there being none, the motion was seconded by Mr. Staufenberg and approved unanimously.  

Township Solicitor, Christen Pionzio reviewed two assessment appeals for Kimco Realty and New Tees and a settlement for Dogwood Gardens.  Mr. Staufenberg made a motion to authorize the Township Solicitor to execute the proper documents for the two appeals and settlement.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.  

            The Chairman asked if there were any citizens to be heard.  Ruth Miller of 229 Beechwood Road brought a concern about illegal immigration and what the Township is going to do about illegal immigrants working and moving into the Township.  Ms. Miller wanted to bring to the Township’s attention Initiative 287G available to Police Departments.  Police Chief, John McGowan reported that he is aware of  the Initiative and the Township is doing what it is able to do concerning illegal immigrants.  Robert Greve of 3216 Nottingham Road expressed concerns that the taping of the meeting is not clearly heard on TV when televised. 

            The Chairman introduced Township Planner, E. Van Rieker who reviewed the Handy and Harmon property, the Township is interested in the Environmental Audit that will have to be performed prior to the purchase of the property.  There are approximately seven parcels that make up the property and the Township would like to keep the property together and eliminate the industrial presence and have the property used for residential use.  Mr. Rieker then provided an overview of the Stony Creek Farms Development in Worcester Township on Township Line Road between Knoeller Road and North Wales Road.  The major part of the development will be a retirement community with the proposed main access on North Wales Road and a second access on Township Line Road at Knoeller Road. North Wales Road will be realigned by PADOT some time next year.  Several residents presented questions to Township Staff. The Chairman asked the residents along Township Line Road to think about the possible rezoning of their properties from Residential to Residential Professional.

            Mr. Staufenberg introduced the first item under “Old Business”, Pump Station Capacity Study.  Stuart Rosenthal of Gilmore & Associates, Inc. gave a power point presentation highlighting the Germantown Pump Station, Timberlake Pump Station, Norris City Pump Station and the Sandra Lane Pump Station.  Mr. Rosenthal reviewed the sanitary sewage overflows at the Germantown Pump Station and the limited downstream capacity with suggested solutions of decreasing the flow and increasing the capacity. Mr. Rosenthal also, reviewed several recommendations for the Township’s Pump Stations.

            The Chairman called on Matt Brown with ARRO Consulting to review the DEP Consent Order and Agreement.  Mr. Brown reviewed the inflow and infiltration abatement program and the three Township pumping stations and how ARRO Consulting came to focusing the efforts on the Germantown Pump Station.  Mr. Brown reviewed a meeting he and Township staff attended on November 20th with the Department of Environmental Protection to discuss the potential fine associated with the documented fourteen overflows the Township has had to date. The DEP suggested a few slight modifications to the Consent Order and Agreement and presented an estimated calculation of a fine in the excess of twenty thousand dollars for the fourteen overflows.  ARRO Consulting requested an opportunity to go back and reassess the fines and calculations provided by DEP.

            Mr. Brown of ARRO Consulting next reviewed the Sewer Lateral Repair Project.  Mr. Brown reported that ARRO Consulting has received approximately forty inquires to date from residents to schedule their lateral repair with fifty percent looking to use the Township contractor and the other fifty percent deciding who to use.    Mr. Brown is encouraging residents to get together with a contractor and have work done at the same time for a possible cost decrease.   The Board of Supervisors thanked Liz Cheeseman with ARRO Consulting for her accurate work with this project.

            Mrs. Heckman introduced the next item on the agenda, Proposed 2007 Budget.  Township Manager, Helmuth Baerwald reviewed the proposed 2007 budget which was advertised on October 30, 2006 and is available for review at the Township building during regular business hours.  Adoption of the budget is scheduled for the December regular meeting.

            Mr. Staufenberg introduced the next item on the agenda, Consider Sewer Lateral Project Payment Agreement. Township Solicitor, Christen Pionzio reviewed the agreement for those residents using N. Abonizzio Contractors Inc. as the contractor would enter into the Township for payment.  Mr. Staufenberg made a motion to authorize the Township Manager to sign the agreement on behalf of the Board of Supervisors.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.

            Mrs. Heckman introduced the next item on the agenda, Gill Quarries Report.  Township Solicitor, Christen Pionzio reported that the petitions with the Supreme Court are still pending.

            Mr. Staufenberg introduced the next item on the agenda, Developments and Construction Updates.  Township Manager, Helmuth Baerwald reported there is nothing new to report from last month’s meeting.

            Mrs. Heckman introduced the next item on the agenda, Storm Drainage Issues/Projects.  Township Engineer, Robert Blue reported:  A. North Whitehall and Township Line Roads waiting for breakdown of cost from P. K. Moyer; B.  Briar Lane and Hillcrest Avenue work is pending funding; C.  Lawnton Road, Lafayette and Springview Roads no action at this time and D.  605 Meadowbrook Road remedial work is pending funding.

            Mr. Staufenberg introduced the next item on the agenda, Traffic Issues.  Township Manager, Helmuth Baerwald reported no change from last month’s meeting.

            Mrs. Heckman introduced the next item on the agenda, US Route 202 Widening.  Township Engineer, Robert Blue reported that work appears to start in 2011.

            Mr. Serratore introduced the first item under “New Business”, Ordinance No. 490 – Authorize advertisement of Ordinance Sewer Lateral Repairs. Township Solicitor, Christen Pionzio reviewed Ordinance No. 490 amending the code of East Norriton Township specifically Chapter 162, Sewers, providing for the Township’s inspection of sewer laterals on property within the Township.  Mr. Staufenberg made a motion to approve advertising of Ordinance No. 490 for possible consideration at the December regular meeting.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.  

            Mr. McQuirns introduced the next item on the agenda, Ordinance No. 491 – Authorize advertisement of Real Estate Transfer Tax Ordinance.  Township Solicitor, Christen Pionzio reviewed Ordinance No. 491 amending Ordinance 243, to identify the stipulation for collection of interest and the interest rate imposed.  Mr. Staufenberg made a motion to authorize advertisement of Ordinance No. 491.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.  

            Mr. McQuirns introduced the next item on the agenda, Resolution No. 2322 – Village at Caralea – Sewer Planning module exemption.  Township Solicitor, Christen Pionzio reviewed Resolution No. 2322 adopting the Village at Caralea land development sanitary sewer module exemption request.  Mrs. Heckman made a motion to approve Resolution No. 2322.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.  

            Mr. McQuirns introduced the next item on the agenda, Resolution No. 2325 – Miller Brothers – 2960 Felton Road – Sewer Planning module exemption.  Township Solicitor, Christen Pionzio reviewed Resolution No. 2325 adopting the 2960 Felton Road, Miller Brothers subdivision sanitary sewer module exemption request.   Mr. Staufenberg made a motion to approve Resolution No. 2325.  After requesting any comments and there being none, the motion was seconded by Mr. McQuirns and approved unanimously.

            Mr. McQuirns introduced the next item on the agenda, Resolution No. 2324 – 505 West Germantown Pike – Land Development Waiver Request.  Township Solicitor, Christen Pionzio reviewed Resolution No. 2324 granting a waiver of the land development requirements for 505 West Germantown Pike property.  Mr. Serratore made a motion to approve Resolution No. 2324.  After requesting any comments and hearing some from the audience, the motion was seconded by Mrs. Heckman.   

            Mr. McQuirns introduced the next item on the agenda, Resolution No. 2326 – Tone 2000 – Conditional Final Land Development Application approval.   Township Solicitor, Christen Pionzio reviewed Resolution No. 2326.  Mr. Staufenberg made a motion to approve Resolution No. 2326 with noted revision “land development subdivision”.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.   

            Mr. Serratore introduced the next item on the agenda,  Resolution No. 2329 – Request PaDOT Repair and Maintain all State Roads.  Township Manager, Helmuth Baerwald reviewed Resolution No. 2329 requesting the Pennsylvania Department of Transportation and the Secretary of Transportation of the Commonwealth of Pennsylvania to undertake the repair and maintenance of all state highways and their appurtenances within East Norriton Township at the sole cost and expense of Commonwealth of Pennsylvania.  Mr. Staufenberg made a motion to approve Resolution No. 2329 and to forward the resolution to our legislators.    After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.    

            Mr. McQuirns introduced the next item on the agenda, Resolution No. 2330 – LFT(Office Building Parking Lot) – Waiver of Land Development.  Mr. McQuirns made a motion to approve Resolution No. 2330 granting a waiver of the requirements of the land development application for the LFT Property for the construction of a seventy-four car parking lot.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.

            Mr. Serratore introduced the next item on the agenda, Authorize Advertisement to Appoint Maillie, Falconiero & Co. as Township Auditors. Mr. Serratore made a motion to authorize an advertisement that the Township intends to appoint the firm of Maillie, Falconiero & Company, LLP to serve as the Township’s auditors for the review of the financial records for the 2006 fiscal year.  After requesting any comments and there being none, the motion was seconded by Mr. Staufenberg and approved unanimously.

            Mr. McQuirns introduced the next item on the agenda, Waiver request of all permit fees for general and electrical construction at the East Norriton Plymouth Whitpain Joint Sewer Authority Saw Mill Run Pumping Station.  Mr. Staufenberg made a motion to approve the waiver of  fees.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously.

            Mr. Serratore introduced the next item on the agenda, Waiver of fees for Christmas Tree sales by Boy Scouts at Paul Fly.  The Township has received a request from Cub Scout Pack 389 for the fees for their annual Christmas Tree Sale to be held at the Paul Fly Elementary School on December 8, 9 and 10, 2006.  Mr. Serratore made a motion to approve the waiver of fees.  After requesting any comments and there being none, the motion was seconded by Mrs. Heckman and approved unanimously.

            Mr. McQuirns introduced the next item on the agenda, Expenditure Authorization.  A.  General Code – Code Revitalization Proposal - $13,400.00 and options; B.  National Management Associates - $10,850.00., LTD; C. Gilmore & Associates, Inc. – Pump Station Capacity Study - $1,400.00; D.  Survey and Design Sewer Easement (Woods Golf Center) - $9,300.00; E.  Whitehall Road Drainage Project - $183,509.00; F. Engineering cost for survey – Meadowbrook - $1,400.00; and G.  Emergency back-up generator Public Works Garage - $27,000.00.  Mr. McQuirns made a motion to approve item A through G.  After requesting any comments and there being none, the motion was seconded by Mr. Serratore and approved unanimously. 

            Mr. Staufenberg made a motion to add the Approval of Pension Investment Advisory Agreement and Policy Statement and Authorize Advertisement of the Pension Plan Ordinance Amendments to the agenda.  After requesting any comments and there being none, the motion was seconded by Mr. McQuirns and approved unanimously.

            Township Manager, Helmuth Baerwald reviewed the November 29th, 2006 Pension Advisory Board meeting.  Mr. Staufenberg made a motion to approve the Investment Agreement and Revised Policy Statement and to authorize advertisement of the pension plan ordinance amendments for possible adoption at the December regular meeting.  After requesting any comments and there being none, the motion was seconded by Mr. McQuirns and approved unanimously.

            Mr. Serratore reviewed the meeting schedule for November 23rd, 2006 through January 26th, 2007.

            The Chairman called on Township Manager, Helmuth Baerwald to review any pending or enacted legislation.   Mr. Baerwald reviewed that the Governor vetoed the changes to the EMS tax that replaced the Occupational Privilege Tax.  Mr. Baerwald also reviewed that the state cable franchise legislation is on hold, the Senate may consider changes to the Uniform Construction Code and annual reorganization meetings for Second Class Townships must be held on Tuesday, January 2, 2007.

There being no other business to come before the Board, the Chairman asked if there were any residents who wished to speak, there were none.

Mr. Serratore made a motion to adjourn the meeting at 9:42 p.m. After requesting any comments and there being none, the motion was seconded by Mr. Staufenberg and approved unanimously.



Helmuth J. H. Baerwald
Township Secretary