Borough Council Meeting

June 17, 2024 7:00 p.m. The regular meeting of Doylestown Borough Council was held on the above date and time in Council Chambers, with the following members present: Council President Jack O’Brien, Vice President Amy Popkin, and Council Members Ben Bell, Larry Browne, Robert Kinney, Joe Frederick, Jennifer Jarret, Dennis Livrone, and Elizabeth Wyckoff. Also present were Mayor Noni West, Borough Solicitor Andrew Griffin, Borough Engineer Jim Dougherty, Central Bucks Regional Police Department Police Chief Karl Knott, Borough Manager John Davis, Finance Director Caroline Brinker, Building and Zoning Director Karyn Hyland, and Planning/Public Works Director/Deputy Borough Manager Phil Ehlinger. PLEDGE OF ALLEGIANCE SPECIAL PRESENTATIONS APPROVAL OF MINUTES Mr. O’Brien called for a motion to approve the May 20, 2024 Council Meeting Minutes. (Kinney-Popkin) The vote was called and the minutes were unanimously approved. MAYOR’S REPORT Mayor West reported that around 2:00 a.m. on June 13, 2024, both the American and Pride flags were cut down at the Civil War Monument. She said that the American flag was left in the street and the Pride flag was stolen. The Mayor said this occurred on the eve of Flag Day and two days before Juneteenth and the beginning of Doylestown’s Pride Week festivities. Mayor West said the act “was not just an act of vandalism, but a hate-fueled act that goes against our values of equality, acceptance, and celebration of diversity.” She said it was a direct assault on the LGBTQ community and an assault on Borough Council, Staff, County Commissioners, and our residents who support diversity and equity, cultural institutions who work to deepen our understanding of diversity, religious institutions, organizations whose ethos wrap around inclusion, our veterans and those who serve our country, and every resident who believes in the foundations of our democracy and justice for all. Mayor West said that acknowledging the disappointment, fear, harm, hurt and outage experienced is not enough. She said that to ensure the feeling that everyone is valued and safe, our commitment to equity, diversity, and inclusion must be vigorous and it must be every day. The Mayor said we need to work on bringing back our values of natural respect for one another, civility. She said the intolerance that prompted this kind of act has no place in our community, not ever. Mayor West then reported that by 8:30 a.m. on June 13, both the American and Pride flags were flying again. She said, “Doylestown fights back!” 135 PUBLIC SAFETY - Mr. Frederick 1. Consideration of Ordinance No. 2024-3, Creating No Parking Restriction on Wood Street. Mr. Frederick said this ordinance extends the 9 a.m. to 5 p.m. resident-only parking restriction on both sides of Wood Street between Franklin and Decatur to twenty-four (24) hours a day, seven (7) days a week. He said this change was requested by Wood Street residents, recommended by the Public Safety Committee, and Council approved the advertising of the ordinance at their May 20, 2024 meeting. The ordinance was properly advertised. Following the recommendation of the Public Safety Committee, a motion was made to adopt Ordinance No. 2024-3 (Frederick-Browne). With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 2. Authorization to Draft and Advertise Ordinance: Handicap Parking at 443 Maple Avenue. Mr. Frederick said that a resident of 443 Maple Avenue has a handicap parking placard and the residents at that address have requested the creation of a handicap space for their primary use. Following the recommendation of the Public Safety Committee, a motion was made to authorize the drafting and advertising of an ordinance creating a handicap space at 443 Maple Avenue (Frederick-Popkin). Mr. Kinney asked if the current residents of 443 Maple Avenue move, would that handicap space remain. Mr. Davis said it would need to be repealed to remove it. Mr. O’Brien added that because it is on a public street, that handicap space is available to anyone with a handicap placard and not exclusive to the residents there. With no further comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 3. Mr. Frederick said that the Doylestown Fire Company monthly report was provided in Council’s packet and is available to the public by following the packet link noted on this meeting’s Agenda. PUBLIC WORKS AND ADMINISTRATION - Mr. Browne The Public Works Department’s Work Orders and Fleet Services Reports were provided in the packets. Mr. Browne stated that the Committee did not meet. He gave kudos to the Public Works Department for their great work around the Memorial Day Parade and their work to get the flags flying again from the incident reported by the Mayor. Mr. Ehlinger reported that the Public Works Department has been busy with road repairs and planting trees in town, along with continuing to water the flowers. He gave kudos to his assistant Lisa Borghi and our Parks Foreman Dave Burger who were instrumental in flower selection this year along with the Delaware Valley University students, because the flowers look good. Mr. Ehlinger then gave a shout out to our State Representative Tim Brennan who, through hard work, has gotten a commitment from PennDOT to repave State Street. It is not yet known when the repaving will be done on this state road. 136 COMMUNITY AND GOVERNMENTAL AFFAIRS - Mr. Bell 1. Youth Leadership Recognition Program. The Community and Governmental Affairs Committee reviewed the nominations for the 2024 Doylestown Borough Youth Recognition Program at its June meeting. Following the Committee’s recommendation, a motion was made that the recognition be awarded to Riley Smith. (Bell-Wyckoff) The recipient will receive the award at the July Council meeting. With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. Mr. Bell added that we received many more applicants than last year and he thought some of that is undoubtedly due to the efforts of our social media coordinator Caitlin Hernandez. ZONING AND PLANNING - Ms. Jarret 1. Authorization to Advertise a Zoning Amendment concerning residential Conversions and changes to Non-Conforming Uses. Ms. Jarret said that the existing zoning ordinance permits the conversion of single-family detached dwellings to twins, duplex buildings, and multi-family low-rise buildings and the conversion of twins and duplex buildings to multi-family low-rise buildings, in all zoning districts except RC, RC-1, and FC. Ms. Jarrett said that this ordinance eliminates Use 5 - Conversions and modifies the ordinance language to require a variance for changing a nonconforming use to a different nonconforming use. She said that both the Bucks County Planning Commission and the Borough Planning Commission have reviewed the proposed ordinance and recommend adoption. Following the Zoning and Planning Committee’s recommendation, a motion was made authorizing the advertisement of this ordinance (Jarret-Kinney). With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 2. Zoning Hearing Board (ZHB) Report. Ms. Jarret asked Ms. Hyland for this report, who stated that the Zoning Hearing Board will hold a Public Meeting on June 20, 2024, at 7 p.m., to hear the following applications: 40 South Clinton Street for dimensional relief to enable them to enclose an existing rear porch, 2 Easthill Drive for dimensional relief to allow them to build closer to East Hill Drive, and 3 Atkinson Drive for relief to enable them to construct a single family dwelling. Ms. Jarret said the ZHB meeting, it was felt that the Borough Solicitor should be sent to represent the Borough’s interests for the 3 Atkinson Drive application. Motion to do so was made by Ms. Jarret, seconded by Mr. Livrone. With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 3. Historical & Architectural Review Board (HARB) Recommendations - Certificates of Appropriateness. Ms. Jarret said that at its regular monthly meeting, the HARB recommended the following applications be approved for a Certificate of Appropriateness as submitted and presented: Sign Applications: 53 West State Street, 41 East State Street, 38 East State Street as submitted, but with the condition that if the sign requires modification for compliance with Real 137 Estate Commission requirements, additional text and design shall remain consistent with the submitted design, and 14 East Court Street; Building Applications: 291 West Court Street, for exterior renovations, as submitted, but with the conditions that the application be amended to include a new roof in either Stonegate Gray or Gatehouse Slate from Certainteed Grand Manor or shall match the product used at 238 W. Court Street, the gutters and downspouts will remain as built-in and aluminum, and the enclosed rear porches will be re-sided in smooth Hardie Plank in Cobblestone color with 6” exposures. Ms. Jarrett said that the Zoning & Planning Committee recommends that the Council approve the applications in accordance with the HARB’s recommendation. A motion was made to follow the Committee’s recommendation (Jarret-Frederick). With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 4. Code Enforcement Monthly Activity Report and 5. Building Inspection Monthly Report. Ms. Jarrett stated that these reports were provided in Council’s packet and they are available to the public by following the packet link noted on this meeting’s Agenda. ENVIRONMENT AND RECREATION - Ms. Wyckoff 1. DVRPC Regional Benchmarking Pilot Program. Ms. Wyckoff said that the Delaware Valley Regional Planning Commission approached Doylestown Borough Staff in April 2024 for participation in their Regional Benchmarking Pilot Program funded by the US DOE and PADEP. She said that Energy Benchmarking is the process of measuring a building’s energy usage and comparing it to similar buildings. Ms. Wyckoff said that interested municipalities are being asked to begin the first phase, municipal benchmarking. She noted that participation in municipal benchmarking does not obligate the Borough to participate in future phases of the program. A DVRPC fact sheet was provided. Following the recommendation of the Committee that the Borough participate in the first phase of the Benchmarking Pilot Program, a motion was so made (Jarret-Livrone). With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. Ms. Wyckoff commented that for 40 years, Park and Recreation Month has been celebrated in July in recognition of the importance of parks and their role in vibrant communities. She said that in our 11 Borough parks, which encompass approximately 80 acres, you find people enjoying team sports, children shows, fishing, playing chess, riding bikes, and having picnics. Parks are key spaces for our community’s health and well-being. Ms. Wyckoff recognized Phil Ehlinger, Dave Burger, and the Public Works Staff members for their care and maintenance of our parks, Caitlin Hernandez for boosting our recreation programs and activities, and James Lannon and the Park and Recreation Board members for their advisory work. She hoped everyone would visit and enjoy all 11 Borough parks in July and throughout the year. 138 WATER UTILITY - Mr. Livrone Mr. Livrone reported that the Committee did not meet. He said Chief Water Operator Jeremy Matozzo provided him with two bits of information: 1) the monthly operation report showed nothing unusual, and 2) he gave an update on the Maplewood tank project: it is moving along at steady pace and they’re very happy with the progress. He said that the contractor should be done sandblasting by June 21, painting will then begin and last approximately two weeks. When that’s done, the air mixer will be installed and the tank will be put back in service. Mr. Livrone said that it is anticipated that the project will be complete by mid-late July. FINANCE/PENSION - Ms. Popkin Ms. Popkin noted that the Committee met and they discussed the non-uniform pension plan compliance audit, the Fanny Chapman Code of Conduct, and the Memorial Day Parade for the Fire Police. She those matters did not require any action. Ms. Popkin then asked Ms. Brinker for the Finance Report. Ms. Brinker reported that the total of all funds expended was $1,053,910.44. A motion was made to approve the report. (Popkin-Kinney) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. PERSONNEL - Mr. O’Brien: No report. PROFESSIONALS’ REPORTS Engineer’s Report - Mr. Dougherty: No report. Solicitor's Report - Mr. Closser: No report. Central Bucks Regional Police Department (CBRPD) Activities Report. Chief Knott said the report was provided. The monthly activity report showed there were 869 incidents in the Borough in May and year-to-date, the Department has spent $2,544,309.78 and were at 34.52 % of their yearly budget. PRESIDENT’S REPORT: None. OLD BUSINESS: Mr. Browne reminded everyone that the next Preparedness Seminar is being held June 24, 2024, at 6:30 pm Borough Hall, where they will be discussing meeting and communication plans in the case of a disaster. He said this is a followup to the May session where they had 22 people attend. Mr. Browne said sign up is available on the Borough website and noted there are currently 13 people signed up for this June session. He thanked Caitlin Hernandez for her help in getting the word out about these sessions. NEW BUSINESS OPEN PUBLIC COMMENT Brian Beckno, East Ashland Street, gave comments regarding the increased traffic on that street and a pedestrian accident last week near Burpee Park. He also commented on new construction water pumping from the water table and then draining that into the storm drain. 139  Doreen Stratton, East Ashland Street, spoke regarding the flag issues and about the pedestrian accident. She suggested possible speed tables between Pine Street and Church Street and the other way as well. Steven McConnell, Old Dublin Pike, signed up to give comments on East Ashland, but it had already been addressed. Karen Reed, East Ashland, also commented on the pedestrian accident, adding that the pedestrian was in the crosswalk. She talked about speeding, traffic congestion in general in the Borough, and the need to keep pedestrians safe. She also spoke regarding the new construction builder piercing the water table.` Richard Tems, Maple Avenue, gave comments regarding an alleged recent incident of hate speech in the Borough by a member of Council. Steve Sullivan, Dave Owings, Anne Marie Owings, and Leslie Richards, all of Harvey Avenue, and Amy Wicker of West Ashland Street as well as properties on Hamilton. These residents all commented on the proposed hotel/venue at 57 West Court Street, including issues such as noise ordinance compliance, parking, safety, size, buffers, and getting the property up to code. Mr. Davis commented that the East Ashland Street accident is under investigation. He said the Borough is awaiting the police report and there is also some fairly good video of what happened. He said a new traffic study of the two adjacent blocks has been commissioned, as well as an accident history study and stop sign enforcement study in the area. This item will be on the next Public Safety Committee meeting on July 3, 2023 at 6 pm. Mr. Davis then commented on the 57 West Court Street project. He said everyone is aware of the Zoning Hearing Board’s decision and that some residents have appealed that. He said no notices have been received from anyone and the Borough is waiting to see what develops next. EXECUTIVE SESSION Mr. O’Brien announced there would be an Executive Session regarding potential litigation and that no action was expected at the conclusion of that session. ADJOURNMENT At 7:45 p.m., President O’Brien entertained a motion to adjourn (Kinney-Browne). The vote was called and the motion passed unanimously. Respectfully submitted, John H. Davis Borough Manager :sa 140