BOROUGH  OF SCHWENKSVILLE, PA

MINUTES OF MAY 10, 2001

Began:  7:30 p.m.   Ended:  9:30 p.m.

 

                The Schwenksville Borough Council Meeting was called to order by Council President, Bernard McCollum.

 

                Secretary, Nancy Eppley called the roll.  Present were:  Bernard McCollum, Gilbert Williams, Patricia Katona, Barbara Slater, Gene Frantz, and Mayor Carroll Rosenberger.

 

                PLEDGE OF ALLEGIANCE:  By the assembly present.

 

                Before starting the meeting Thomas Hovancik of the Thomas Insurance Group spoke to council and those in the audience briefly concerning the policies carried by the Borough.  He mentioned that the only revision is for the traffic lights.  No questions from either the audience or council.

 

                Dispense with the reading of the minutes of April 12th and the Special Meeting of April 26, 200l:

MOTIONED BY GILBERT WILLIAMS AND SECONDED BY GENE FRANTZ IT WAS VOTED TO DISPENSE WITH THE READING OF THE MINUTES OF APRIL 12TH AND THE SPECIAL MEETING OF APRIL 26TH, 2001.  ALL WERE IN FAVOR AND THE MOTION CARRIED.

 

                Approval of the same:  MOTIONED BY PATRICIA KATONA AND SECONDED BY GILBERT WILLIAMS IT WAS VOTED TO APPROVE THE MINUTES OF APRIL 12TH AND THE SPECIAL MEETING OF APRIL 26TH, 2001.  ALL WERE IN FAVOR AND THE MOTION CARRIED.

 

                ACCOUNTS PAYABLE:  Treasurer, Nancy Eppley

 

                Distributed earlier to council for their review:  Deposit Detail (General Accounts) for the Month of April, Disbursement Report (General Accounts) for the Month of May, Deposit Account (Motor License Account)from January-April 2001, and Disbursement Report (Motor License)for the Month of May.  Also, Nancy has printed a complete summary of all Receipts and Expenditures from January through May 2001.  This last report will be done monthly, it is a complete summary of all the accounts and will give council a broader picture of the accounts to date.

 

                In addition, to the above disbursements two checks were issued which came to the Borough after the reports were printed they are:  Interguard Insurance Co. (workman's comp.-quarterly payment)$935.15 and All Cleaning Services (for cleaning Borough Hall and the Police Office)$130.00.

 

                TREASURER'S REPORT:  Nancy Eppley

 

                Schedule of Cash dated April 30, 2001.

 

                MOTIONED BY PATRICIA KATONA AND SECONDED BY GILBERT WILLIAMS IT WAS VOTED TO APPROVE THE ACCOUNTS PAYABLE AND ACCEPT THE TREASURE'S REPORT AS PRESENTED.  ALL WERE IN FAVOR AND THE MOTION CARRIED.

 

                ENGINEER'S REPORT:  Robert Flinchbaugh

 

                -Mine Hill Road:  Community Block Grant was completed and submitted to the County on April 13th.  Per Council's request, the scope of proposed work was reduced to include the area between Game Farm Road and Highland Avenue.  Estimated  costs were reduced to $128,000. For construction and $20,000.00 for engineering.

 

                -Third Street Improvement Project:  Bob will be meeting with Tom Snyder and Barbara to go over plans which have been completed.  Any changes will be incorporated into the plans and bid package.  This information will then be submitted to Montgomery County for their approval.  Upon such approval, the project can be advertised for bid.  Copies will be forwarded to all council members.  There was some discussion concerning the Church property.

 

                -Robert Hay Subdivision:  A review of the plan was received on April 12, and was completed prior to the Planning Commission's April 19th meeting.  LTL has not received revised plans to date.

 

                -Montgomery Avenue Improvement/Ordination:  Bob has spoken with Ken Yerger.  The only work completed to date for the area from Perkiomen Avenue to the south end of the Schweigert/Owens property is an "Improvement Schematic Plan".  This plan does not contain descriptions of the proposed right of way required for roadway ordination.

 

                Plans were received from Bernie for reference.  They were the Storm Sewer Easement/Right of Way Acquisition for the McCollum property, dated 1/4/91 and

                Plan of Proposed Right of Way Acquisition for Main Street Drainage dated 9/28/90.

 

Upon review, it appears that deed research and completion of a deed plot will be required, for the section of Montgomery Avenue from Perkiomen Avenue to the south end of the Schweigert/Owens property.  Bob will proceed with this work as authorized by Council at the meeting on April 12, 2001.

 

                SOLICITOR'S REPORT:  Robert Brant

 

                -Prepared a Resolution in regard to the Submission of an Application Form for a Planning Grant under the Montgomery County Community Revitalization Program and Appointing a Planning Consultant to Implement said Program.

 

                Gib Williams explained how the plan would work.  Percentages would be 75% County and 25% Borough.  Borough would be getting $12,000.00 from County after the Borough pays the bills.  Revitalization Committee interviewed four applicants and voted to hire Simone, Jaffe, Collins.  Committee was very pleased with the presentation. 

 

                MOTIONED BY PATRICIA KATONA AND SECONDED BY GILBERT WILLIAMS IT WAS VOTED TO ADOPT A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FORM FOR A PLANNING GRANT UNDER THE MONTGOMERY COUNTY REVITALIZATION PROGRAM AND APPOINTING A PLANNING CONSULTANT TO IMPLEMENT SAID PROGRAM.  ALL WERE IN FAVOR AND THE MOTION CARRIED.

 

                -Clossin Subdivision:  Bill Clossin spoke on his behalf and reviewed process of his subdivision to date. Explained how Carroll Engineering had reviewed and approved his plan.  A resolution #2001-01was passed at the January 11, 2001 meeting .  Bill confirmed that the items listed were completed. 

The Borough had decided to replace Carroll Engineering with a new firm and now requested that the subdivision  by reviewed by the new firm.  Bill felt that this was totally unnecessary and has no fault with the present engineer.  Bill did feel that it was unfair to charge a second time, he paid for review already.  Bill has reviewed the minutes and listened to the tape of the meeting, and did find that there was no motion ever made to authorize this second review.  Bill basically thought that what LTL would do would be to make sure that all the work had been thoroughly completed, didn't think that the cost would be high, but found that a complete review was done.  Nothing came out of this review, a few small items needed to be addressed.  Bill mentioned a figure of $2,781.04.

Nancy presented a summary of charges on the review.  Between LTL and Robert Brant's bills the total owed to date is $1,458.87 by Clossin.  Nancy explained that when Bill Clossin deposited $2,100.00 in January that amount paid past due invoices.  Bill feels that the Borough owes him money for the second review.

Pat felt that any bills prior to settlement would be Bill Clossin's responsibility and anything after settlement would be the new owner.  Also, if the new engineer should be familiar with the plan, especially if he is the one to sign off.  Bill mentioned that he shouldn't be penalized for the Borough hiring a new engineer and then a new review charged to him for a complete review. 

Gene Frantz doesn't understand the concept and he felt that it isn't fair to Bill.  Gib mentioned that this is not LTL's fault.    Bob Brant feels that the issue before council is to decide on an equitable solution to this discussion.  MOTIONED BY PATRICIA KATONA AND SECONDED BY GENE FRANTZ (FOR DISCUSSION ON THE MOTION)FOR COUNCIL TO FORGIVE THE BILL FOR BILL CLOSSION.  QUESTION ON THE MOTION:  Gib understands the situation but feels that taxpayers shouldn't foot the bill.  Bill Clossin mentioned that he is a taxpayer and felt that a new engineering review was unnecessary since the review was done by the previous engineer.  He feels that the Borough in the future should amend their procedures on these reviews.  Gib mentioned that when all of the review process was going on that no one questioned the review.  Gene feels that the Borough made a  mistake  in asking for another review.   He is sure that the taxpayers will understand once they know that it will not happen again, good integrity will be shown in this case.

 

Pat would like to amend her motion.

 

MOTIONED BY PATRICIA KATONA AND SECONDED BY GENE FRANTZ IT WAS VOTED TO RETURN $2,781.04 TO WILLIAM CLOSSIN.  ALL WERE IN FAVOR AND THE MOTION CARRIED.  ALL WERE IN FAVOR AND THE MOTION CARRIED.

 

Pat suggested that Nancy send a letter to Bill Clossin saying that the debt has been forgiven.

 

Nancy mentioned that Garis Construction /Telvil Corp.(builder at the Clossin subdivision) gave a check in the amount of  $1,842.20 so that they could proceed at the site.  Nancy wanted councils' decision on what to do with this check, should she apply the amount to any outstanding bills or return the check.   Bob Brant suggested returning the check, now that the Clossin problem is taken care of.

 

Bob Flichbaugh was asked how the escrow account works.  Nancy will receive bills from LTL, she in turn will pay them, and backbill the developer.  If the developer doesn't pay within a reasonable time, she will inform LTL who will then ask for release from Telvil's escrow account at the bank.  There will be other construction releases from the escrow which will not be paid by the Borough, that will come from the bank escrow.

 

POLICE REPORT:  Chief Timothy Hoppes

 

                Monthly Report for April 2001 given to council.  Tim explained the report.  Page 1 list the hours work, Page 2-complaint log by type of complaint, complaints handled by PA State Police in  Skippack, last page tickets and citations.

Bernie questioned why there was no report in the paper on the accident along Main Street recently.  Tim replied saying that the accident is still under investigation.  All the facts are not in, once the facts are established Tim will  issue a report.

Gene questioned, What is a Hangup Call?  Generally it is a call that someone misdial, kids playing pranks then they hang up.  The police response to all calls.

Chief Hoppes complete report is on file at Borough Hall.

 

 

FIRE CHIEF REPORT:  Jim Keyser

 

                Month of April:  Total of 9 calls, Firemen in service:  62, Total minutes:  3,016. 

This Saturday is the Circus.  May 28th, Flea Market and Chili Bakeoff (all proceeds goes to the restoration of antiques), Fire Company just received a Grant from the State to restore the pumper.

 

Fire Marshall:  This month 3 burning permits were issued, 3 complaints were investigated with one of those with complaints assisted by Chief Hoppes.

 

Bernie questioned :  Circus Animals-Jim mentioned that the Board of Health has issued certain regulations, everything is under control.

 

               

AMBULANCE REPORT:  Given by Nancy Eppley

 

Month of April:  Total calls for Schwenksville:  71,  Total calls at the Colonnade:  57.  Free Blood Pressure checks continue at the station and the Fund Drive starts at the end of May, their goal is to buy a new ambulance.

 

BOROUGH MANAGER:  Tom Snyder

 

Presented for Council's review the Open Projects and Activities for the year 2001.  Bernie questioned the Crossing of Rt. 29 in reference to the Mt. View Project.  Tom and Bob F. are meeting soon to go over plans.  Must have plans approved and have the right of way from the County.

 

STREETS & ROADS:  Barbara Slater

 

Nothing to report, covered in the Engineer's & Borough Manager's Report.

 

FINANCE:  Gilbert Williams

 

Did the Borough receive any monetary break on the Village-Commercial Ad, since it was so lengthy?  Bill was presented tonight for payment.  Nancy advised to check with Sue Kuhn at the Herald tomorrow.

 

TRAIL:  Gilbert Williams

 

Received a check from the County as previously mentioned.  Easements should be done by the end of the year.  John Wood away at present, looking to start in the next few weeks.

 

VILLAGE/COMMERCIAL DISTRICT:  Gilbert Williams

 

The revitalization committee to meet soon and discuss the economical status.

 

PROPERTY:  Patricia Katona      Nothing to report

 

FIRE COMPANY:  Gene Frantz     Nothing to report

 

STREET LIGHTING:  Gene Frantz

 

Council must decide on who will be their generation supplier.  Gene tried unsuccessfully to call PECO, will continue trying.  This was tried previously by Barbara and found to be very confusing.

 

MAYOR'S REPORT:  Carroll Rosenberger

 

1 wedding performed

 

Last weekend, the Mayor received a phone call concerning activity at the Library.  The Library is now renting out the facility to groups for benefits.  Chief Hoppes is aware of the situation.  Hopefully, the groups that meet in the future will hold their activities inside, noise will be kept within reason, etc.  The chief will monitor as closely as possible.  The first activity/event was fine, the second event had some problems.  Chief Hoppes has asked the library to have someone present during these events.

 

NORTH ELEMENTARY SCHOOL:  Gilbert Williams

 

Architects  will be coming to the Planning Commission Meeting to introduce themselves.

 

Bernie had spoken to Sam Schweigert, and he informs Bernie that no plans have been made as yet.

 

OLD BUSINESS:

 

Ray Yeanish:  What is the Status of the present permit and when will it be finalized?

 

Bernie said that he was advised that the fee was miscalculated and if council wishes to accept the original fee a motion would need to be made.  There would be due however, a $50.00 U & O fee.

 

Bob Brant said that he spoke with Ernie Schmitt, but he hadn't seen the U & O permit until tonight.  Language needs to be somewhat changed, it is unclear.

 

Ray mentioned that according to State laws everything is supposed to be finished within 90 days, his application is now 120 days, check still hasn't been cashed.  He feels that it is about time this is resolved.

 

Bernie mentioned that the books were closed out in December 2000, check came in late.

 

Ray mentioned that legally he doesn't need to give anymore money.  He applied for the permit in May.  Told council what the state and current zoning laws are and feels that he is being "jiggled around".

 

Bernie told him that he has no permit to tear down or to build.

 

Ray said that the current zoning officer has been to his place of business every other day.  He has no problem with what he did, everything was nice, neat, clean, and legal.  No one believed his when he said he was going to expand the business 25 %.  Paperwork went to Harrisburg for approval.  Said that he helped write the laws that allow 25% expansion.  Wants to subdivide to family, he has 7  brothers, this is causing him a big problem.

 

Bernie mentioned  that the Borough has ordinances and they must be adhered to.  Asked who sent letter to Harrisburg.  Was it Nancy.  No, it was Ernie Schmitt.

 

Ray said that Harrisburg has nothing to do with any business in this town, there is no business with 4 employees or more in Schwenksville.  It is a dead issue.

 

Bernie again said that it is up to council to make a decision on whether or not to accept the original check for the building permit, but $50.00 is still due for a U & O.  Gene asked to a review of the situation and Ray explained.

 

MOTIONED BY GILBERT WILLIAMS AND SECONDED BY GENE FRANTZ IT WAS VOTED TO ACCEPT THE ORIGINAL AMOUNT POSTED FOR THE BUILDING PERMIT, BUT A $50.00 FEE WILL BE DUE FOR THE U AND O.  ALL WERE IN FAVOR AND THE MOTION CARRIED.

 

Bob Brant said that he would like the waving of zoning requirements left off of the U & O.  Everything else is okay on the U & O permit.

 

Ray will be in tomorrow with the $50.00 fee.

 

NEW BUSINESS:  Nothing

 

AUDIENCE:

 

Joe Hayes was wondering who owns Game Farm Road/Smith Road, property where his mother resides.  He still is having problems with his neighbor who lives in Lower Frederick Township.  Neighbor has stopped the lawn mowing service that his mother employs.  Lower Frederick doesn't want to take responsibility and Schwenksville Borough the same.  The police have been called, and they do nothing.

Mr. Hayes has been threatened bodily and so has Tom Snyder been there and has been threatened, it is a constant problem with the neighbor.  Feels that something needs to be done.  The road is in the Borough and Mr. Hayes wants something done, if they don't, Mr. Hayes feels that he can do whatever he wants on that road.  Bob Brant mentioned that he remembers the situation and he told council that this is a private dispute between the two parties on that road.  Council is not obligated to expend funds to deal with the private land dispute between Mr. Hayes and the neighbor.  Advised Mr. Hayes suggested getting independent  legal advise.  Mr. Hayes asked if Schwenksville Borough is going to give up the rights to this road?  Mr. Brant said that it is a whole new separate issue.  Schwenksville Borough cannot get in the middle of the problem.  Chief Hoppes becomes involved if there is a police matter.  Tom agrees with Bob to some aspects of this situation, but there is 20-40 feet that is a NO MAN'S LAND.

Until street is ordained, Chief Hoppes cannot get involved in civil property disputes.  Nothing to date has been a criminal offense to Chief Hoppes.  Talked about making a decision on a catch basin.  Mr. Hayes will put his thoughts in writing.

 

Trash for Highpoint:  Representatives from the association where present.  Would like to have their trash pickup up by the Borough the same as other residents.  It was suggested that council be shown a contract.  This will be delivered to the Borough Hall Office next week.

 

All business having been discussed, the meeting was adjourned.

 

Next meeting June 14, 2001.

 

Respectfully Submitted,

 

 

Nancy J. Eppley, Secretary

May 25, 2001