Borough Council Meeting

October 21, 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, Council Members Ben Bell, Larry Browne, Joe Frederick, Robert Kinney, Jennifer Jarret, Dennis Livrone, and Elizabeth Wyckoff, and Junior Councilperson Elisa Kremser. Also present were Mayor Noni West, Borough Solicitor Ernest R. Closser, 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. PLEDGE OF ALLEGIANCE SPECIAL PRESENTATIONS 1. Plaque for Otto Mills. Mr. Mills was unable to attend tonight’s meeting, but Mayor West wanted to praise him for his accomplishments and service on the Borough’s Revitalization Board/Economic Development Advisory Board from 1999 to September of this year. 2. 2024 Mayor’s Stewardship Award. Mayor West explained that since 2015, the Economic Development Advisory Board has acknowledged the outstanding stewardship of a property within the Borough. This year’s winner of the Stewardship Award Program is 278 West Oakland Street, Kurt and Amy Kremser, for using local contractors to improve an already great property. Mr. Kremser thanked the Borough and said it is easy to take care of a property when you live in a town or borough that takes care of itself, and Doylestown Borough does just that. APPROVAL OF MINUTES Mr. O’Brien called for a motion to approve the September 16, 2024 Council Meeting Minutes. (Browne-Frederick) The vote was called and the minutes were unanimously approved. MAYOR’S REPORT: No report. PUBLIC SAFETY - Mr. Frederick 1. Authorization to Draft and Advertise Ordinance Creating Five Two-Hour Limit Parking Spaces on Memorial Drive. Mr. Frederick said that the Public Safety Committee, at their October meeting, considered a request for two-hour parking on Memorial Drive near War Memorial Field. He said that the parking would serve War Memorial Field Park and track users who cannot park in the student parking lot on weekdays. Currently, on-street parking on Memorial Drive at the stadium has no limitation and is therefore used by students who remain all day. As recommended by the Public Safety Committee, a motion was made to authorize the drafting and advertising of an ordinance creating a five (5) space two-hour limit parking zone from 9:00 a.m. to 5:00 p.m., Monday through Friday, on the east side of Memorial Drive just north of 159 MacFarlane Lane. (Frederick-Kinney) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 2. Acme Markets Request for Borough Approval t o Sell Ready-to-Drink Cocktails. Mr. Frederick said that this request arises from a recent amendment to the Commonwealth’s Liquor Code that permits retail licenses such as Acme to sell ready-to-drink cocktails. He said because the Borough’s original 2014 grant of permission to Acme to transfer a liquor license was conditional, Acme requires Borough Council’s permission to take advantage of the new legislation. As recommended by the Public Safety Committee, a motion was made to acknowledge and grant Acme’s request. (Frederick-Browne) Andrea Kondracki, Fonthill Apartments, commented that alcohol in supermarkets is against everything she believes in. Mr. Davis clarified that this is not permission for Acme Markets to sell liquor; this is a very narrowly defined product which is a premixed, canned drink typically containing vodka and favoring. He said that liquors such as whiskey, gin, and rum still need to be purchased at a liquor store. With no further comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 3. Consideration of Ordinance No. 2024-6 Creating a No-Parking Zone on the South Side of Atkinson Drive. Mr. Frederick said that at Council’s September 16, 2024, Council authorized the advertising of this ordinance which will create a no-parking zone on the south side of Atkinson Drive for a distance of 840 feet east from its intersection with Broad Street. The ordinance has been properly advertised. Mr. Frederick said that 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 October 4, 2024 meeting, a motion was made to adopt Ordinance No. 2024-6. (Frederick-Kinney) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 4. 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 commented that the Committee did meet, but there were no actionable items. He said they did have a presentation of the solar project for Borough Hall which will be put forth for consideration for the 2025 budget. 160  Mr. Browne reported that leaf collection has begun and reminded people to not put their leaves on the street, but to keep them above the curb. He said this is very important now because of the extremely dry weather we’ve had because when people park on the dry leaves, it can with cause problems because of the hot catalytic converters. Mr. Browne also reported that the department planted 20 new trees. COMMUNITY AND GOVERNMENTAL AFFAIRS - Mr. Bell Mr. Bell stated the Committee did not meet and there were no items for Council to consider. By way of a public service announcement, Mr. Bell reminded everyone that a week from Thursday is Halloween and the sun sets at 5:58 p.m., so if you’re a motorist, be careful. ZONING AND PLANNING - Ms. Jarret 1. Zoning Hearing Board Report. Ms. Jarret asked Ms. Hyland for this report. Ms. Hyland said that Zoning Hearing Board met on October 17, 2024 to hear the following application: 275 and 279 North Main Street, owned by 263 N Main St LLC. She said that the application is for two lots each including one-half of a twin, both being undersized in that zoning district. The proposal is to transfer 342 square feet from one lot to the other thereby reducing the nonconformity on one lot and increasing it on the other. She said along with that, the applicant was requesting a setback variance and a lot coverage variance to enable them to put an addition on the back of one of the twins. Ms. Hyland said that the Zoning Hearing Board did approve the application. 2. Historic & Architectural Review Board (HARB) Recommendations. Ms. Jarret said that at its regular monthly meeting, the HARB recommended that a Certificate of Appropriateness be approved as presented for the following: Sign Applications: 39 West State Street, 31 West Ashland Street, and 52 East State Street, Unit A; Building Applications: 278 West Oakland Avenue, approval with the conditions indicated by the HARB, 235 Washington Street, approval with the proposed second-floor deck to be constructed of Trex decking in a warm, neutral tone, 80 West State Street, approval with the conditions indicated by the HARB, and both 387 Lincoln Avenue 47 Hillside Avenue, approved as presented. Ms. Jarret said that the HARB recommended that Council approve the applications in accordance with HARB’s recommendations. A motion to approve the applications was made. (Jarret-Popkin) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 3. Code Enforcement Monthly Activity Report and 4. 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 Ms. Wyckoff said there were no actionable items. She noted that the 10th Annual Witches Ride is happening this Saturday and she thanked the Borough’s Special Events Coordinator Caitlin 161 Hernandez for helping with the registration for it. She said over 200 witches will be riding their bikes through Doylestown. WATER UTILITY - Mr. Livrone Mr. Livrone said the Committee did not meet and therefore, there were no actionable items. He did report that he spoke with Chief Water Operator Jeremy Matozzo about the possibility of voluntary water restrictions. He said Mr. Matozzo advised that the state of New Jersey just enacted something and he is monitoring the situation. FINANCE/PENSION - Ms. Popkin Ms. Popkin said the Committee met along with the entire Council for the first 2025 Budget work session. She said there is one more meeting in November and the budget is adopted in December. Ms. Popkin then turned to Ms. Brinker for the Finance Report. Ms. Brinker reported that Council was provided with a list of payables for the month and also the September payroll. She said the total of all funds expended was $1,447,473.12. A motion was made to approve the report. (Popkin-Jarrett) 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 had no report. The monthly activity report that was provided showed that there were 873 incidents in the Borough in September 2024 and year-to-date, the Department spent $4,517,950.07 and were at 61.30% of their yearly budget. PRESIDENT’S REPORT: No report. OLD BUSINESS Mr. Frederick stated there has been a lot of people complaining of speeding and going though red lights in the Borough. He said the CBRPD Activity Report for this month shows there were 25 traffic citations, bringing the year-to-date total to 400, which is a lot. There were also 856 warnings this year. He said the police are out there and they’re doing a good job, and they’ll continue to be out there doing their due diligence and keeping us safe. Mr. Bell referred back to Mr. Livrone’s report where he spoke about voluntary water restrictions. He asked that since Council doesn’t meet for another month and given any voluntary measures of conservation does not require an ordinance or mandatory restrictions, could they 162 agree that it would be a Staff matter? Mr. Davis replied that is typically put into effect on the advice of the Chief Water Operator, so yes, it will be a Staff matter. Mr. Browne reminded everyone that 1) the BoOorogh Bash is October 23, at 6 pm, 2) the Drug Take Back is being held on October 26, and 3) Discover Doylestown’s Halloween Parade and Contest is also on October 26 in the morning, as well the Pumpkinfest. NEW BUSINESS Mr. Kinney commended Chief Knott and Captain Carlen for their responses to the Belvedere development, which is adjacent here to Borough Hall, about truck traffic going through where it is not allowed. He said the Chief and Captain Carlen got right on top of it and called businesses on Doyle Street. He also echoed Mr. Frederick’s comments about the police doing their jobs. OPEN PUBLIC COMMENT Suzanne Kondracki, Fonthill Apartments, stated numerous complaints about loud Chipotle truck deliveries every other night from 11 pm to 5 am, and a jackhammer incident on September 24 where the police were called twice and they did nothing. Chief Knott apologized for what Ms. Kondracki has been going through. He said he pulled a couple reports and there have been constant noise from everything she described. Chief Knott said the police did respond and he deferred to the Zoning Department for input. Ms. Hyland said they did visit the site and the jackhammer work did not require a permit and the work was already done. She said they did advise the business regarding the Borough’s noise ordinance. Ms. Hyland asked the resident to continue calling 911 if anything happens because that call generates a report every time which helps with enforcement. Chief Knott replied further that during the one call, the police were tied up on another priority call, but an officer did arrive on the scene when they were free almost hour later. As to the jackhammer call, he said it was the officer’s failure to stop the noise and he promised he would follow up on this. Mr. Bell inquired about how the Borough measures noise. Chief Knott indicated they go by first the “common sense rule” especially being the time or the day, and go from there. He said they sometimes will call the Borough’s Fire Marshal/Code Enforcement Officer who has a decibel meter and he helps get a reading. Mr. Davis agreed with Chief Knott and said there are a lot of times when they look at start times of a noise and a calibrated decibel meter is not pointed at something for them to determine whether or not it’s in or out of the scope of the ordinance. Linda Shanahan, Decatur Street, signed in to speak, but had no comment. EXECUTIVE SESSION: None. 163 ADJOURNMENT At 7:37 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 164