Borough Council Meeting

November 18, 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, Joe Frederick, Robert Kinney, Jennifer Jarret, Dennis Livrone, and Elizabeth Wyckoff. Also present were 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. Mayor Noni West was absent. PLEDGE OF ALLEGIANCE SPECIAL PRESENTATIONS: None. APPROVAL OF MINUTES Mr. O’Brien called for a motion to approve the October 21, 2024 Council Meeting Minutes. (Browne-Kinney) Hearing no comments from Council, Staff, or the public, the vote was called. All were in favor and the minutes were unanimously approved. MAYOR’S REPORT Mayor West was not present at the meeting, but had asked Mr. O’Brien to read the following: The presidential election is finally over. For most of us, regardless of political views, it is a relief. Leading up to the election, the Borough had visitors from New York and New Jersey come to our Saturday Farmers’ Market and campaign for their candidates in a highly visible fashion with loud broadcasts. Many residents found it upsetting. Campaign signs were stolen and vandalized. On Election Day, inflammatory language appeared at one of our polls. First, let me say your Mayor and Borough Council believe that people holding public office should act in a respectful, professional manner, not just for some people but for the people we serve. We serve all residents of Doylestown Borough. Our greatest strength is the people who live here. Our residents, businesses, non-profits, cultural, and religious institutions. Borough Staff all strive for diversity, equity, inclusion, and the good of the whole. Our promise for a better future depends on our capacity to treat one another with civility and mutual respect. Our opportunity to build an even stronger community rests with our ability to talk with each other regardless of different views. As for your Mayor and Council, we need to continue the work that is important to the well-being and unity of our community. Safe streets, safe water supply, parks, zoning, youth activities, events, budgets, our schools, our comprehensive plan, potholes, issues not necessarily glamorous but critical to the vibrance and cohesiveness of our Borough. It is time to refocus on what is important to our community. To be effective, we listen to 165  everyone. This is an approach we have always used and should rededicate ourselves to doing so. PUBLIC SAFETY - Mr. Frederick 1. Consideration of Ordinance No. 2024-7 Creating a Two-Hour Parking Limitation on Certain Portions of Memorial Drive. Mr. Frederick said that this ordinance creates a five 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 MacFarlane Lane to prohibit students from parking there all day as they currently do. This restriction will allow park and track users access to parking. Mr. Frederick said that Council authorized the drafting and advertisement of this ordinance at their meeting on October 21, 2024, and the ordinance has since been properly advertised. As recommended by the Public Safety Committee, a motion was made to adopt Ordinance No. 2024-7 (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. 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 Mr. Browne reported that the Committee did not meet. He said the Public Works Department’s Work Orders and Fleet Services Reports were provided in the packets. Mr. Browne gave a shout out to the Public Works Department for getting the town ready for the holiday events and for our annual leaf pick up. Mr. Davis added that leaf collection is on schedule and round two started this morning. COMMUNITY AND GOVERNMENTAL AFFAIRS - Mr. Bell Mr. Bell stated the Committee did not meet and there were no items for Council to consider. Mr. Bell reminded everyone that November 29 is the Discover Doylestown Santa Parade and Tree Lighting which starts around 6:30 pm. He said it is always a great event and he hoped to see everyone there. 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 will meet on November 21, 2024, to and to hear the following applications: 23 Easthill Drive, requests front yard setback relief on the East Street side of the corner property for an addition to the home; 360 North Broad Street, requests a special exception to expand the dog facility that is already there, including boarding; 278 West Oakland Avenue, requests dimensional relief from the floor area ratio requirements to install a dormer towards the 166 back of the house which will allow them to expand onto the third floor; 239 West Court Street, Central Bucks School District is requesting dimensional relief to enable additions to CB West, the first being an addition proposed along the school lane side of the building and another addition is proposed within one of the courtyards. 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 Application: 235 East State Street; and Building Applications: 154-156 West Oakland Avenue, approved with eight stated conditions; 132 Cottage Street, approved with five stated conditions. 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-Livrone) 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 the Committee did not meet and there were no actionable items. WATER UTILITY - Mr. Livrone Mr. Livrone said the Committee did meet and one of the things they looked at in the operations report was the continued presence of PFAS chemicals in our wells. He noted, as good news, that the Pennvest grant application to address PFAS has been submitted. Mr. Livrone said that discussion was also held on the drought situation. He said voluntary water restrictions had been imposed previously, but according to the Borough’s Chief Water Operator Jeremy Matozzo, that had not done enough to address the drought we’ve been having. He said they discussed the next level of mandatory conservation measures which he is going to discuss under New Business later in this meeting. FINANCE/PENSION - Ms. Popkin 1. Resolution No. 2024-7, 2024 Local State Account Statewide Grant Program - Mercer Museum. Ms. Popkin said that this resolution authorizes the submission of a Statewide Local Share Assessment Grant application on behalf of the Bucks County Historical Society (BCHS) for the Mercer Museum. She said that the grant proceeds will be used to modernize the Museum’s exterior lighting at a maximum cost of $493,932.25. Ms. Popkin said the grant program requires a municipal applicant, but that the BCHS will be responsible for all project costs with the Borough to be reimbursed for any administrative costs. As confirmed by the Borough Solicitor, a separate agreement between the Borough and 167 BCHS confirming that would be executed as part of the program should the application be successful. As recommended by the Finance Committee, a motion was made to approve Resolution No. 2024-7. (Popkin-Jarret) Mr. Davis pointed out that one year ago, Council approved a similar resolution for an elevator upgrade and that application was successful, and the installation was carried out successfully. He noted that Cory Amsler from the Bucks County Historical Society was present this evening if anyone had any questions regarding this application. With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 2. Adoption of the 2025 Central Bucks Regional Police Department Budget. Ms. Popkin said that during the joint Council/Finance Budget Worksession held on November 14, 2024, it was recommended that Council approve the 2025 Central Bucks Regional Police Department Budget, as submitted. As recommended by the Finance Committee, a motion was made to approve Resolution No. 2024-7. (Popkin-Kinney) Mr. Davis thanked Chief Knott and Ms. Brinker for their work on this. He said the budget increase is only 2.68% from 2024 to 2025 and that’s good news. With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 3. Adoption of 2025 Preliminary Budget. Ms. Popkin said that the 2025 Preliminary Budget is to be advertised and will be made available for public inspection at Borough Hall, on the Borough’s website, and on the Borough’s social media for a minimum of 10 days prior to the Final Budget adoption. She said changes can be made between now and the Final Budget adoption which is scheduled for the December 16, 2024 Council Meeting. Ms. Popkin stated that a Budget Message, along with a copy of the Budget Summary, has been prepared for the public and the press. Ms. Popkin said that once the Preliminary Budget is adopted and all changes are finalized, the 2025 Budget Books, with the schedules, will be prepared and presented to Council for the December meeting. As recommended by the Finance Committee, a motion was made to adopt and authorize the advertisement of the proposed 2025 Preliminary Budget (Popkin-Kinney) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 4. Authorization to Advertise Ordinance Setting the 2025 Real Estate Tax Rate. Ms. Popkin stated there is no 2025 tax increase. She said that in conjunction with the adoption of the 2025 Preliminary Budget is an ordinance setting the 2025 real estate tax rate as follows: the General Purpose Tax is 13.915 mills, the Fire Protection Tax is 1.70 mills, the Special Road Fund Tax 168 is 1.50 mills, the Ambulance and Rescue Squad Tax is 0.50 mills, and the Debt Service Tax is 3.725 mills. The total millage will be 21.34 mills. She again noted that there is no increase in tax millage for 2025. As recommended by the Finance Committee, a motion was made authorizing the advertisement of the proposed ordinance setting the 2025 Real Estate Tax. (Popkin-Browne) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 5. Authorization to Advertise Ordinance Providing for the Regulation of Water Service. Ms. Popkin said that also in conjunction with the adoption of the 2025 Preliminary Budget is an ordinance providing for the regulation of water service. As recommended by the Finance Committee, a motion was made authorizing the advertisement of the proposed ordinance providing for the regulation of water service. (Popkin- Kinney). With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 6. 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 October payroll. She said the total of all funds expended was $904,101.52. 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 1. Reappointment of Members to Various Boards/Commissions. Mr. O’Brien said that on October 22 and November 12, 2024, the Personnel Committee met to consider the reappointment of members on various boards/commissions whose terms expire on December 31, 2024. He said that each of the following board/commission members have expressed a desire to return for another term. Mr. O’Brien stated that as a result of the aforementioned meetings, the Committee is recommending reappointment as follows: Board/Commission Term Member Building and Fire Code Board of Appeals 3 years Jay Stough Environmental Advisory Council 3 years Dan Ford Fanny Chapman Pool Board 3 years Lori Howard and Brian Lange Historical and Architectural Review Board 4 years H. Andrew Happ Human Relations Commission 3 years Christopher Baccash and Frederick Stanczak Park and Recreation Board 5 years Molly Crotty Vacancy Board 1 year Curt Cowgill Zoning Hearing Board 3 years Charles Pollina 169  Mr. O’Brien further noted that the following current Board/Commission members are requesting transfer to fill vacancies on the following boards: Environmental Advisory Council 3 years Jason Wood Fanny Chapman Pool Board 3 years John West Historical and Architectural Review Board 4 years Brian Guerriero As recommended by the Personnel Committee, a motion was made reappointing the foregoing Board/Commission members as indicated. (O’Brien-Popkin) 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 Advertise Board Vacancies. Mr. O’Brien stated that also as a result of the Personnel Committee’s October 22 and November 12, 2024 meetings, the Committee is recommending the advertisement of the following vacancies: Board/Commission Vacancies Term Environmental Advisory Council 1 Three years Historical and Architectural Review Board 1 Four years Student Board Members May 2025 - April 2026 Fanny Chapman Pool Board 1 Historic and Architectural Review Board 1 Park and Recreation Board 2 Shade Tree Commission 1 Junior Councilperson 1 September 2025 - May 2026 As recommended by the Personnel Committee, a motion was made authorizing the advertisement of the foregoing vacancies. (O’Brien-Kinney) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 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 had no report. The monthly activity report that was provided showed that there were 916 incidents in the Borough in October 2024 and year-to-date, the Department spent $6,025,555.08 and were at 81.75% of their yearly budget. PRESIDENT’S REPORT: No report. OLD BUSINESS: None. 170 NEW BUSINESS 1. Mr. Livrone stated that the following resolution was received via email today. He read “Resolution 2024-9, A Resolution of the Borough Council of the Borough of Doylestown Establishing Mandatory Conservation Measures for Water Customers Pursuant to Chapter 26, ‘Water,’ Section 112, ‘Regulation of Pumps’.” Mr. Livrone then read paragraph 1.A. from the resolution which lists the mandatory conservation measures being put into place. Mr. Davis added that this resolution ratifies the steps that were announced last week. A motion was made to adopt Resolution 2024-9. (Livrone-Jarret) Mr. Kinney stated that the Commonwealth Drought Task Force, in conjunction with the Commonwealth Drought Coordinator, announced a drought watch on November 1, 2024 for 33 counties which included Bucks County. He said it encouraged residents and businesses under the drought watch to begin voluntary conservation of non-essential water use and if the conditions of the drought conditions persisted, the governor may declare a drought emergency leading to emergency drought restrictions. He said the Water Committee felt that it was prudent to impose mandatory restrictions because it’s pretty obvious to anyone in the area how dry it has been. Even with the possible rain in the forecast, it’s really not going to make a dent. He said we’re at 10" below the amount of rainfall at this time last year, which is a significant deficit. Mr. Davis added that for anyone looking for ways to voluntarily restrict water use, there is a link on our website which gives some pointers. He said that any voluntary efforts at this time are certainly appreciated and those efforts could also help prevent further mandatory restrictions. Mr. Livrone said the Water Committee, which consists of himself, Mr. Browne, Ms. Jarret, and Mr. Kinney, discussed at length the necessity of taking this next step and they did not recommend it lightly to Council. Mr. O’Brien asked whether item B of the list of mandatory measures which is “The use of water for washing automobiles, trucks ...” included car washes. Mr. Davis indicated it does and the Borough contacted those businesses and advised this was coming. With no further comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously 2. Resolution No. 2024-8, Authorizing Grant Application for Repainting and Rehabilitation of the Spruce Street Water Tank. Mr. Livrone said this project, estimated at $866,800.00, calls for the repainting and rehabilitation of the Spruce Street water tank along the lines of the recently completed Maplewood water tank project. (The referenced resolution along with a project budget were provided.) Mr. Livrone said the grant opportunity was discovered too late for the November Water Utility Committee meeting, but comes with a November 30, 2024 application deadline and is therefore being forwarded directly to Council. He said that if Council wished to authorize the submission of the grant application, it could do so by a motion to adopt Resolution No. 2024-8. 171 A motion was made to adopt Resolution 2024-8. (Kinney-Jarret) With no comments from Council, Staff, or the public, the vote was called. All were in favor and the motion passed unanimously. 3. Mr. Livrone stated that he and Mayor West attended the Dart Committee meeting last week and they were pleased to see that our State Representatives Tim Brennan, District 29, and Brian Monroe, District 144, where the Dart system is used, have requested an additional $275,000 in funding to sustain expansion and increase coverage. He said Bucks County Transport can meet the required funding match. Mr. Livrone noted that all components of the Dart have increased year to year. Mr. Livrone stated that there are a couple people in the Borough who are looking at the expansion of the main Dart system within the Borough and he’ll report more on that at a later date. 4. Mr. Browne congratulated both the CB West Football and the Field Hockey teams for making state semifinals in their sports. Mr. Browne then gave a huge shout out to our public safety agencies, between the police and fire companies, which have been extraordinarily busy in the past couple of months, especially the fire company which is all volunteer, which have had the most unusual and taxing runs in their history and they deserve a lot of credit for everything that they’ve done. OPEN PUBLIC COMMENT Richard Tems from Maple Avenue complained about Councilperson Joe Frederick, as he did one other time but at that time, he did not name Mr. Frederick, for verbally acting inappropriately during this combative election campaign process. He said he agreed with Mayor West’s statement the first time and he agrees with it this time, and he felt it would be nice if the other Councilpersons would act to control some members. Kristine Longshore, from Maple Avenue complained about Joe Frederick for using hate speech on June 14th and not one Councilperson reached out to her to apologize. Another verbal incident occurred on election day which was reported to Council and her rep, Amy Popkin, did reach out to apologize on Mr. Frederick’s behalf. She felt Mayor West’s proclamation in June about people getting along should apply to all people, especially Borough Council. EXECUTIVE SESSION Mr. Griffin indicated there were two litigation matters for Executive Session: 1) an ongoing enforcement action for violations under the Uniform Construction Code, and 2) a May 1, 2024 appeal from the Zoning Hearing Board (ZHB) decision pertaining to 57 West Court Street for a proposed hotel event space and restaurant. He said the Borough intervened as a matter of right to watch the proceedings, remaining neutral. Mr. Griffin said the two residents who filed the zoning ZHB appeal have entered into a settlement agreement with the applicant to limit the event space to 100 seats so there are no obligations or actions being undertaken by the Borough, but the conclusion of this matter will be discussed. At the conclusion of the Executive Session, no action was taken on either matter. 172 ADJOURNMENT At 8:02 p.m., President O’Brien entertained a motion to adjourn. (Browne-Kinney) The vote was called and the motion passed unanimously. Respectfully submitted, John H. Davis Borough Manager :sa 173