Public Health and Safety
Monday, July 21 2008
UPPER MORELAND TOWNSHIP
BOARD OF COMMISSIONERS
PUBLIC HEALTH & SAFETY COMMITTEE
MEETING MINUTES
July 21, 2008
CALL TO ORDER - A meeting of the Public Health & Safety Committee of the
Board of Commissioners of Upper Moreland Township was called to order by Commissioner Hotchkiss at 9:43 P.M.
ROLL CALL - Commissioner Hotchkiss, Chairman, took roll call. Present:
Commissioners Lisa Romaniello and Joseph Lavalle.
Others: David Dodies, Township Manager, Catherine Harper, Township Solicitor and Thomas
Nestel, III, Chief of Police.
APPROVAL OF MINUTES - June 16, 2008:
Commissioner Hotchkiss entered the minutes of the Public Health & Safety Committee meeting
of June 16, 2008 into the record as submitted.
DEPARTMENTAL REPORTS:
Police Department:
Chief Nestel noted that his report is self-explanatory with the exception of directed patrols
as we are trying to focus on specific locations that have a high accident rate and, to address that problem, we added
patrols to those locations.
Commissioner Hotchkiss noted the three minute response time by the police department, which is
tremendous.
Department of Emergency Services:
Commissioner Hotchkiss noted that we do not have a Director of Emergency Services employed at
this time. Someone will be appointed for that position at our Regular Board meeting in August.
OLD BUSINESS:
Public Safety Committee MeetingJuly 21, 2008
Woodcrest & Edgehill Roads:
Chief Nestel reported that he has spoken with representatives of McMahon & Assoc. and they
are asking for $6,500 to conduct a topographic survey and roadway plan to present to PennDOT that will require
approval by the Board.
Commissioner Hotchkiss said we will move that request for action at our next Regular Board
meeting.
Blair Mill and County Line Road:
Mr. Dodies noted that he has spoken with the Borough Manager of Hatboro. When he first
inspected the area, it was dry; however, it has been observed that there is standing water there and occurs
periodically. The Borough Manager is trying to arrange a meeting with representatives of PennDOT and Horsham Township
because there is a question as to who is responsible for that ground. Hatboro's Manager has recognized there is an
issue and will pursue it.
Montgomery County Hazard Mitigation Plan:
Commissioner Hotchkiss noted that this matter will be continued pending hire of a new Director
of Emergency Services.
Proposed Revised Title 7:
Commissioner Hotchkiss explained that Title 7 has to do with public safety items in the
Township.
Chief Nestel added that this document was a dated document and we removed some historical items
no longer necessary. We added increased fines to reflect the 21st Century. We also added a graffiti
ordinance and a comprehensive list of streets in the Township with special regulations.
Commissioner Hotchkiss referred to Fines for First Violations of Title 7 - does $25 cover our
costs?
Solicitor Harper explained that a fine should be reasonable to discourage the behavior, but not
so high that the judge is tempted to have some lesser fine. Often when it goes to court, other fees are added
on.
Commissioner Hotchkiss noted that Title 7 does not include anything about the habitual person
and suggested adding a fine for repeat offenders.
Chief Nestel replied we have that for false alarms and he will look into it.
Public Safety Committee MeetingJuly 21, 2008
Commissioner Hotchkiss referred to Certification of Dog Which Inflicts Bite - "Upon being
advised that any person has been attacked and bitten by a dog, the Township shall advise the owner of such dog to
produce to the appropriate Township official within 24 hours from the time of receipt of said notice, a certification
from a registered veterinarian that such dog was not a carrier of an infectious disease at the time of the attack."
Wouldn't we want to immediately see the vaccination certificates?
Chief Nestel replied this is more for the Animal Control Officer's investigation related to an
incident where a person is bitten.
Solicitor Harper asked are we asking for a certification that the dog had all of its
shots?
Chief Nestel replied yes.
Solicitor Harper said then it should be written that way.
Commissioner Romaniello said when someone has been bitten, we need to immediately know whether
the dog has been taken care of or not and waiting 24 hours is not a good idea.
Chief Nestel replied he will check with a veterinarian and he will also find out when rabies
shots need to begin after a dog bite.
Commissioner Romaniello commented she has a problem with the $25 fine listed under Fines for
First Violations.
Chief Nestel explained that on almost every occasion the owner of their dogs collects their
dogs that day. If we spent a lot of money on the care and feeding of those dogs taken into custody, he would agree,
but that is not the case, at this time.
Solicitor Harper suggested adding the words "per day" right after "seize and detain the dog" to
Section 1.02 listed in Title 7. We have fines for first violations and it would be logical to add fines for repeated
violations.
Chief Nestel replied he will put in a scale for first and second offenses.
Commissioner Romaniello referred to Section 2.01 - Barking Dogs of Title 7 - and asked about
the fines.
Chief Nestel replied he will put in a penalty section for Barking Dogs with a scale for first
offense, second offense, etc. If a dog is barking continually during any hour, they should call the police and, if
that dog is still barking, then to us, it is continually.
Public Safety Committee MeetingJuly 21, 2008
Commissioner Valenza commented that he has received a few calls about barking dogs and the
police were called and they were told they couldn't do anything about it.
Chief Nestel replied when a police officer says they can't do anything about it, the next call
should be to him.
Commissioner Hotchkiss commented that part of the bicycle ordinance is education. Referring to
Section 1.02 Equipment under Article 1- Bicycle Registration, which says, "Every bicycle operated upon a street or
public place at any time between one-half hour after sunset and one half hour before sunrise shall be equipped with a
lamp in the front exhibiting a white light." He has never seen that, and it is a matter of enforcement and educating
the public. After Title 7 is adopted, he would like to see this on our website and television channel.
Solicitor Harper commented this is a re-codification so it is already part of our code.
Commissioner Lavalle asked about a regulation for helmets for children.
Chief Nestel replied there is a state law that requires children to wear bicycle
helmets.
Solicitor Harper suggested adding the state law on helmets to Title 7.
Commissioner Lavalle suggested including safety equipment for scooters and skateboards in Title
7 as well.
Commissioner Hotchkiss asked that under Article 1- Bicycle Registration- that the word
"registration" be deleted because we no longer have an ordinance for registering bikes. Referring to Chapter 3 -
Hunting and Firearms, is it legal restricting merchants (a large chain operation) from selling a BB gun?
Solicitor Harper replied we could prohibit the use of a paintball, although many people use
paintballs lawfully. She is not sure that the Board of Commissioners has the authority to prevent the sale within the
Township.
Commissioner Hotchkiss suggested that Section 2.03 under Article 2- Sale, Use and Possession of
BB, Spring Air or Pneumatic Guns Prohibited listed in Chapter 3 under Hunting and Firearms be deleted because
possession and use of those weapons is really the issue. Do we have anyone registered that has an approved target
site?
Chief Nestel replied we have one.
Public Safety Committee MeetingJuly 21, 2008
After discussion about firing weapons on public property in the Township, Commissioner
Hotchkiss asked that it be discussed again next month after we look into to what our rights are in restricting it. He
would like to see regulations for firing weapons tight as legally possible.
Solicitor Harper suggested restricting it on private property on less than a certain amount of
acreage that might correlate with the amount of distance these weapons can shoot and written permission would be
needed.
Chief Nestel added, and police notification.
Commissioner Hotchkiss read Section 2.02 under Article 2- Sale, Use and Possession of BB,
Spring or Pneumatic Guns Prohibited, which says, "It shall be unlawful for any person within the Township to fire or
discharge or cause to be fired or discharged, any BB gun, air gun, spring gun or pneumatic instrument of any kind,
propelling any kind of a pellet or paintball."
Solicitor Harper suggested adding "on public property."
Commissioner Lavalle suggested adding a reference to "approved containers" to Chapter 9 -
Self-Service Gas Stations in Title 7.
Solicitor Harper suggested asking the Fire Marshall for the correct language for an "approved
container."
Commissioner Romaniello noted that under Article 2 - Traffic Regulations - Section 2.202
One-Way Streets - Item No. 10. - Nash Avenue between Woodlawn in Inman Terrace is not a one-way street, it is two-way
and she asked for that to be deleted from the list.
Commissioner Hotchkiss noted that under Section 2.04 - No Left Turn Intersections - At School
Road and Byberry Road, we restrict left turns there. It is right turn only and asked for that to be included in Title
7.
Commissioner Romaniello referred to under Section 3.03 Parking Prohibited at all Times in the
Following Locations - Nash Avenue - Moreland Road to Woodlawn - noted there is parking authorized.
Commissioner Hotchkiss explained that at times on that side it has been duly posted as "No
Parking" so if it isn't posted, parking is allowed. Parking in the wrong direction - do we need to have that in our
ordinance or does state law supersede it?
Public Safety Committee MeetingJuly 21, 2008
Chief Nestel replied it is an existing law and we write tickets for it, but it is a highly
contested violation by citizens and there is not a lot of research to show that parking in the wrong direction is a
safety issue. If someone complains about a car parked facing in the wrong direction; we will come out and write a
ticket, but if he has a choice in deploying his officers to attend to higher priorities then he would push them in
that direction.
Commissioner Hotchkiss referred to Section 6.02 - Approved Storage Garages Designated - do the
specific agencies for storing impounded vehicles need to be listed in the ordinance?
Chief Nestel replied he would like to take that out and put in a general statement saying,
"authorized by police."
Solicitor Harper said the ordinance would say, "As designated by the Board of Commissioners by
resolution from time to time."
Chief Nestel commented he would prefer to have a specific tow ordinance as he is in the process
of drafting it to include guidelines and parameters, but for now, we will do it by resolution until we have the
actual towing ordinance in effect.
Commissioner Hotchkiss asked should we include in this ordinance that the Director of Emergency
Services employs the Fire Department and Mutual Aid.
Mr. Dodies replied the duties of the Director of Emergency Services are delineated in Title 2
Administration.
Commissioner Hotchkiss commented that information should be included in Title 7, but we will
confer with our new Director of Emergency Services.
Commissioner Romaniello commented that she would like to see penalties for graffiti.
Chief Nestel replied we would require community service, the cost of cleanup, plus a fine for
graffiti.
Commissioner Spearing asked about limitations on species of domestic animals.
Chief Nestel replied that is covered by state law.
Commissioner Spearing asked about self-service gas stations - do we require full service hours
during the day?
Solicitor Harper replied she thinks it is covered by state law and will check on it.
Public Safety Committee MeetingJuly 21, 2008
Commissioner Spearing asked are auto alarms covered in this ordinance or is it covered under
the noise ordinance as they are a nuisance.
Chief Nestel replied they are not covered, but can be added.
Commissioner Spearing asked for the ordinance to say tampering with manholes is not permitted
unless approved by the Township.
Chief Nestel replied that Section 1.03 covers it. It is noted that an agent of the Township is
permitted and an agent is the Water Authority, Sewer Authority, electric company, etc. He suggested that Section 1.03
read as follows: "The provisions of this ordinance shall prevent persons from removing manhole covers for unlawful
reasons."
Commissioner Spearing asked was any consideration given to including operation of fire
hydrants?
Chief Nestel replied no, but it can be added.
NEW BUSINESS:
Commissioner Spearing commented that he has reservations about raising the speed limit on
Horsham Road. He does not understand how Hatboro Police can strictly enforce the 25 M.P.H. speed limits on the same
stretch of highway, and perhaps the reason for speeding in Upper Moreland is because there is not enough
enforcement.
Chief Nestel replied he has spoken with the Chief of Police of Hatboro, and he agrees that the
speed is lower than it should be. Because Hatboro vigorously enforces the artificially low speed limit, doesn't make
it right. He would prefer to make sure that our roadways have appropriate speed limits and that is based on the flow
of traffic and the intersections along that route. He will present the information to the County and they will decide
whether or not the speed limit should be raised to 35 M PH along Horsham Road.
VISITOR COMMENTS: None.
COMMISSIONER COMMENTS:
Commissioner Romaniello commented that the capital reserve fund report prepared by Mr. Crawford
was well done. Chambers & Assoc. gave a proposal to update the storm sewer system between County Line and
Flamingo Creek for a cost of $2,500. She thought that the Community Development Committee moved that for action for
full Board approval.
Mr. Dodies replied the full Board will vote on that on August 4th.
Public Safety Committee MeetingJuly 21, 2008
Commissioner Romaniello commented in the Sewer Authority's minutes, they mentioned that the
nitrate and phosphate limits that are required will be met during the planning of the 537 Plan. She feels other
municipalities should sign off on that 537 Plan, and asked the Solicitor for her opinion on that.
Solicitor Harper explained that she suggested that if the Board conditions their recommendation
that the Sewer Authority proceed with updating their 537 Plan, that it would be wise to have the other municipalities
be notified and that they cooperate in the preparation of the Plan, and to allow the Authority to do the plan even if
they cannot get a letter from other municipalities because to do otherwise would require the Authority to not do the
plan at all. The committee moved it forward for discussion at the September Board meeting.
Mr. Dodies clarified that the action item for the September Board meeting will be to direct the
Solicitor to draft a letter authorizing the Sewer Authority's request to proceed with 537 Plan update and the content
of that letter will be subject to discussion.
ADJOURNMENT:11:08 P.M.
Respectfully submitted,
S. Elizabeth Vile
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