Borough Council Meeting

September 19, 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 Larry Browne, Robert Kinney, 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, Building and Zoning Director Karyn Hyland, and Finance Director Caroline Brinker. Councilpersons Ben Bell and Joe Frederick were absent. PLEDGE OF ALLEGIANCE SPECIAL PRESENTATIONS 1. Mayor West swore in new Junior Councilperson Elisa Kremser and Ms. Kremser then took her seat on the dais. 2. Laura Reppert, Director of the Bucks County Classic, was present to personally thank Doylestown. It was the Classic’s 20th anniversary this year and she said this would not be possible without the support of the Borough over the years. She presented Council with a framed letter from USA Cycling to the Borough, which also had signatures of various riders, thanking and commending the Borough for its invaluable contributions to the cycling community over the past 20 years. Mr. Davis thanked Ms. Reppert for the phenomenal job she does with the race. APPROVAL OF MINUTES Mr. O’Brien called for a motion to approve the August 19, 2024 Council Meeting Minutes. (Browne-Popkin) The vote was called and the minutes were unanimously approved. MAYOR’S REPORT Mayor West reported that the Arts Festival was held on the September 7 and 8, and was was well received; vendors reported they exceeded sales from last year. She noted that Discover Doylestown’s next event is Spooktacular being held on October 26. Mayor West said that, as stated earlier, the Bucks County Classic celebrated its 20th year in Doylestown on September 8. She said that the evening before, there was a celebratory dinner at the firehouse. During dinner, it rained slightly which resulted in a double rainbow over the Courthouse. She said the next day, when she started the races, she broadly thanked everyone who made the race possible, and then went on to say that to show our appreciation for 20 years of races, the Borough arranged for a double rainbow over the start and finish line of the race. The Mayor next reported that on September 3, she received a message from last year’s Junior Councilperson, Jack Swartley. He said that he has made great new friends and found a 152 community where he feels at home. He also said that he “was just sworn in as a senator on The Ohio State Undergraduate Student Government, with my first meeting scheduled for tomorrow night. I know my experience on Doylestown Borough Council will help me serve in my new position. Thank you for the example and expertise on how to serve and lead diligently.” Mayor West said that, “It is good to know that beyond governance, ordinances, and resolutions, Council has an effect that can last a lifetime.” PUBLIC SAFETY - Mr. Frederick In Mr. Frederick’s absence, Mr. Browne presented the following: 1. Authorization to Advertise an Ordinance Creating a No-Parking Zone on the South Side of Atkinson Drive. This parking restriction was contemplated as part of the road improvements and bike lane being installed with the development at 333 North Broad Street. Vehicles parked in this area impede use of the bike and vehicle lanes. As recommended by the Public Safety Committee following their consideration of the ordinance at their September 4 meeting, a motion was made to authorize the advertising of the ordinance creating a no-parking zone on the south side of Atkinson Drive for a distance of 840 feet east from its intersection with Broad Street. (Browne-Kinney) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 2. Mr. Browne 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. Mr. Browne further noted the Fire Company’s Fire Prevention Expo is scheduled for October 12, 1 p.m. at CB West. In addition, he congratulated Chief Chuck Pressler of the Central Bucks EMS for 20 years of service as their Chief. Mr. Browne advised that the next “Preparedness” seminar is scheduled for September 23, 6:30 p.m. at Borough Hall. 3. Consideration of Central Bucks Regional Police Department (CBRPD) 2025 Preliminary Budget. Mr. Browne said that the CBRPD preliminary budget was forwarded to the Borough by the Central Bucks Regional Police Commission by September 1, in accordance with the terms of the Intermunicipal Agreement. Mr. Browne said the budget is still a work in progress, relying on multiple assumptions particularly with regard to health, workers’ compensation, and property and liability insurance premiums. As recommended by the Public Safety Committee following their review of the preliminary budget at their September 4 meeting, a motion was made to reject the First Draft Budget, an action that is anticipated by the Police Commission. (Browne-Popkin) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 153 PUBLIC WORKS AND ADMINISTRATION - Mr. Browne 1. Fonthill PCSM Improvements Bid Award. Mr. Browne reported that two bids were received and opened for the Fonthill Post Construction Stormwater Management project on August 26, 2024. (A copy of the bid tabulation was provided.) Mr. Browne said the low bidder is LAND-TECH ENTERPRISES, INC. of Warrington, Pa., at a price of $537,793.00. Following the recommendation of the Public Works and Administration Committee, a motion was made to award the bid to Land-Tech Enterprises, Inc., in the amount of $537,793.00, conditioned upon the receipt of a properly executed performance bond and compliance with bid specifications. (Browne-Kinney) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 2. 2024-2025 Rock Salt Bid. Mr. Browne said that on August 14, 2024, bids were opened and publicly read for the purchase of rock salt for the 2024-2025 season. (A bid tabulation was provided.) Mr. Browne said that if Council wished to award the bid to the low bidder, Morton Salt, it could do so by making a motion to award the bid at a price of $60.95 delivered and $ 60.00 undelivered, conditioned upon receipt of a properly executed performance bond and compliance with the bid specifications. He noted that Riverside Construction Materials, Inc. held the contract for 2023-24 at $66.00 delivered and $65.85 undelivered. Motion to award the bid (Browne- Kinney). With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 3. Mr. Browne said that the Public Works Monthly Reports were provided in Council’s packet and are available to the public by following the packet link noted on this meeting’s Agenda. Mr. Browne then gave a shout out to the Public Works Department for their very hard and diligent work around the Arts Festival and bike race. He then said the leaf pickup flyers have gone out and leaf collection starts on October 14, 2024. Mr. Davis stated that the department finished this year’s road paving program and they anticipate any missing pavement markings being restored this Wednesday and Thursday. He said they just started on the road schedule for 2025, so any suggestions for that are welcome. COMMUNITY AND GOVERNMENTAL AFFAIRS - Mr. Bell Mr. Bell’s absence, Mr. Browne noted that the Committee met, but there were no actionable items. ZONING AND PLANNING - Ms. Jarret 1. Zoning Hearing Board Report. Ms. Jarret said that the Zoning Hearing Board will hold a Public Meeting on September 19, 2024, and she asked Ms. Hyland for the applications. Ms. Hyland said that on their agenda will be the following: 328 Avenue A, for relief to allow an 154 in-law suite to be attached to their home; 300 Green Street, for dimensional relief to allow for the installation of an in-ground swimming pool. 2. Historic & Architectural Review Board (HARB) Recommendations. Ms. Jarret said that at its regular monthly meeting, the HARB recommended the following: Sign Application: 5 South Main Street, approve as submitted; and, Building Applications: 47 West Ashland Street, deny the application for a Certificate of Appropriateness for replacing the roof with architectural “Timberline” shingles and the removal of metal elements, gutters, and downspouts. The recommendation was documented and provided to the applicant in accordance with the applicable ordinance requirements; 137 Lafayette Street, for garage and exterior renovations, approve as submitted, with exterior lights being replaced in kind or with cylinder, up and down, lights, as in the light over the new garage; 184 East State Street, for a roof, approve as amended: the mansard roof shingles are changed to a smaller, non-shadowed shingle in a similar color, a fish scale or diamond-shaped slate would also be acceptable; 154 West Oakland Avenue, for renovation and an addition, approve with the recommendations: the applicant shall return with a color palate and the finial on the conservatory will be as shown on the plans. Ms. Jarret said that the HARB recommended that Council approve the applications in accordance with HARB’s recommendations, and if Council wished to follow the Committee’s recommendation, it could do so by motion. (Jarret-Kinney) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 3. Building Inspection Monthly Report. Ms. Jarrett stated that the report was provided in Council’s packet and is available to the public by following the packet link noted on this meeting’s Agenda. ENVIRONMENT AND RECREATION - Ms. Wyckoff 1. Community Choice Aggregation Letter of Support. Ms. Wyckoff said that the PUC was recently petitioned for a Declaratory Order to confirm that the formation of a Community Choice Aggregation (CCA) is consistent with the Borough Code. She said that the CCA programs allow local governments to procure power on behalf of their residents, businesses, and municipal accounts from an alternative supplier while still receiving transmission and distribution service from their existing utility provider. The boroughs work with a private entity who would act as a broker to negotiate pricing and the desired composition of energy sources. She said it also the company to manage resident billing and other routine administrative matters. Ms. Wyckoff said that a letter of support was prepared by CCA for PA, the working group created to develop the petition and establish the CCAs, and expresses support for the municipalities. Following the recommendation of the Environment and Recreation Committee, a motion was made to send the support letter to the PUC. (Wyckoff-Livrone) 155  Steven McConnell, Old Dublin Pike, asked how this CCA would affect his service from PECO, which he is happy with. Mr. Davis answered that it would not. With no further comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. WATER UTILITY - Mr. Livrone 1. Resolution No. 2024-6. Mr. Livrone said that this resolution authorizes the submission of a Pennvest Financial Assistance Application. He said that the proposed project includes the installation and operation of Granular Activated Carbon (GAC) PFAS Treatment Systems at the Borough’s wells numbers 9, 10, and 12 at an estimated cost of Six Million Dollars ($6,000,000.00). Following the recommendation of the Water Utility Committee, a motion was made to adopt Resolution No. 2024-6 and to approve the proposed letter of responsibility. (Livrone- Kinney) Mr. Kinney said this relates to legacy chemicals that are present in water systems throughout the nation. He said the application and documentation for it represents that the system the Borough is requesting is an appropriate one based upon engineering and technical requirements. Mr. Kinney said there are alternatives, but they believe the GAC system is cost effective and a very appropriate approach for its purpose. Mr. Davis clarified that the Borough’s water system is currently in compliance with DEP limits on PFOS and PFAS. He said this action is being taken in anticipation of being in compliance when the stricter federal standard is applied and adopted by the Commonwealth. With no further comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. FINANCE/PENSION - Ms. Popkin 1. Disclosure of 2025 Minimum Municipal Obligation to Pension Plan. Ms. Popkin said that this disclosure is intended to satisfy the legal requirements of Act 205 and that the Projected 2025 Non-Uniform Pension Obligation is $386,224. She noted that the obligation must be paid by December 31, 2025, and must be met with general fund monies or with any General State Aid to Municipal Pensions to which the Borough may be entitled to under Act 205. No action was required by Council this evening. 2. Verizon Cable Franchise Renewal. Ms. Popkin said that in2025, the Borough’s current Cable Franchise Agreement with Verizon will expire. She said that as with the previous Franchise Agreement negotiations in 2016, the Bucks County Consortium of Municipalities is proposing joint negotiations to produce a single franchise renewal agreement for consideration by all municipalities choosing to participate. The Consortium solicited a proposal from the Cohen Law Group of Pittsburgh, PA to provide consulting services to the participating municipalities during the negotiations. She said that in addition to franchise renewal negotiations, the scope of services 156 includes a franchise fee audit to determine whether Verizon has paid each municipality all of the franchise fee revenue to which it is entitled. Ms. Popkin said that 12 to 16 municipalities are anticipated to participate in the joint negotiations with the Borough’s share amounting to $8,075. Following the recommendation of the members present at the September 12, 2024 Finance/Pension Committee meeting, a motion was made to authorize participation in the Verizon Cable Franchise Renewal Consortium at a cost of $8,075. (Popkin-Kinney) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 2. Finance Report. Ms. Popkin called upon Finance Director for the Finance Report. Ms. Brinker reported that Council was provided with a list of prepaid bills and a list of bills to be paid this evening. She said the total of all funds expended was $1,100,641. 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. Griffin: No report. Central Bucks Regional Police Department (CBRPD) Activities Report. Chief Knott said the report was provided. The monthly report showed that year-to-date, the Department spent $4,036,612.95 and were at 54.77% of their yearly budget. PRESIDENT’S REPORT Mr. O’Brien commented that he thought there were the largest crowds at the Arts Festival this year that he remembers in quite awhile, even with the rain on Saturday. He gave kudos to everyone who had a part in putting the festival together OLD BUSINESS: None. NEW BUSINESS: Mr. Livrone reported that he and Mayor West sit on the Dart Committee. He said he attended the committee’s last meeting where it was noted that ridership is up and everything is going well. Mr. Livrone said one exciting thing coming up is that Doylestown Township is producing a video which hopefully will draw even more riders. OPEN PUBLIC COMMENT Steven McConnell, Old Dublin Pike, spoke about homeless people, illegals coming across the border, and whether Bucks County is a sanctuary county. 157  Larissa Hopwood, State Street, commented on political demonstrations occurring at the Farmers’ Market. Chief Knott provided an overview of the situation at the Market since April and the Police Department’s responses. Katherine Good Semisch, Green Street, also spoke regarding the Farmers’ Market political demonstrations. EXECUTIVE SESSION: None. ADJOURNMENT At 7:47 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 158