Council Committee of the Whole

January 8, 2014 COMMITTEE OF THE WHOLE MEETING The January 8, 2014 Committee of the Whole meeting was called to order at 7:00 p.m. by President Toroney in the Council Meeting Room, Pottstown Borough Hall, 100 East High Street, Pottstown, PA. ATTENDANCE Councilors present were Ryan Procsal, Carol Kulp, Sheryl Miller, Stephen Toroney, Dan Weand, Travis Gery and Joseph Kirkland. Also present were Mayor Sharon Valentine-Thomas, Manager Mark Flanders, Solicitor Charles Garner and Borough Secretary Virginia Takach. INVOCATION President Toroney requested a moment of silence. AMENDMENT TO BY-LAWS President Toroney reviewed a change in the Rules of Order as of January 6, 2014, which will allow public comments at the end of this meeting. SUBCOMMITTEE REPORTS a. Infrastructure – There was no meeting. . b. Safety – There was no meeting. c. Economic Development & Business Liaison – President Toroney commented that he attended a meeting in Harrisburg, along with several elected officials and members of DCED to discuss the Redevelopment Capital Assistance Program (RCAP). He advised that the purpose of the meeting was to earmark monies for the proposed Colebrookdale Railroad project, in the amount of $2 million with a 50% match. d. Ricketts Community Center – Councilor Kirkland reviewed the report distributed. e. PDIDA – Ms. Dugan was present and highlighted the report distributed. PRESENTATION – POTTSTOWN 2014 DRAFT COMPREHENSIVE PLAN Meredith Curran Trego, Montgomery County Planning Commission, provided a presentation of the draft 2014 Comprehensive Plan for Pottstown. The plan provided census and housing statistics, outlines of the Parks and Recreation system, the cultural and education benefits, the Main Street character and the goals and objections for the Borough’s future. President Toroney advised that the Plan is available for review and comment on the Borough’s website. He noted that it will be provided to the surrounding municipalities and School District, along with review by the County and the Regional Planning. There will be a 45- day comment period prior to Council’s adoption. January 8, 2014 Solicitor Garner commented that a public hearing will also be required prior to adoption. Library – Mr. Green was present and provided a report regarding fund raising events. He added that there is a meeting scheduled on January 16th with Lower Pottsgrove Township regarding funding from the Township. MASTER TRAFFIC ORDINANCE Solicitor Garner reviewed the ordinance addressing the parking lot permits and fees in additional to signage issues. This will be listed for consideration on the regular agenda. TAX COLLECTOR VACANCY President Toroney recused himself from any discussions on this matter and exited the Council Meeting Room. Vice President Gery assumed the Chair. Solicitor Garner advised that no oath was taken by the Elected Tax Collector at the Reorganization Meeting and therefore a vacancy exists. Mr. Garner explained the time- sensitivity regarding the vacancy, adding that action to fill vacancies must be taken within 30 days. Declare Vacancy - Councilor Kirkland moved to declare a vacancy in the position of Tax Collector for the Borough of Pottstown. Councilor Kulp seconded the motion. Vice President Gery opened a public hearing at 7:40 p.m. as this matter and requested public comment. Hearing none, the hearing closed at 7:41 p.m. Motion carried: 6 ayes, 1 abstention. (See Exhibit A) Solicitor Garner explained that the appointment to fill the vacancy would be for a term to expire January 4, 2016. Manager Flanders advised that a letter of interest was received from former Tax Collector Barbara Toroney. No other individuals have expressed an interest. He also explained the disadvantages occurring due to the absence of a Tax Collector. Appointment to Fill Vacancy – Councilor Kulp moved to adopt a Resolution to appoint Barbara Toroney as the Tax Collector for the Borough of Pottstown to fill a vacancy with the term to expire January 4, 2016. Councilor Kirkland seconded the motion. Vice President Gery opened a public hearing at 7:45 p.m. as this was Resolution was not listed on the agenda. Arthur Green, 121 North Hanover Street – questioned if there could be any challenges to this action. January 8, 2014 Solicitor Garner commented that there should be no cause of action to consider. Jim Derr, 343 Rosedale Drive – commented that Mrs. Toroney lost the election by only two votes adding that many residents have been satisfied with her performance as Tax Collector. RESOLUTION NO. 2014-1 A RESOLUTION OF THE BURGESS AND TOWN COUNCIL OF THE BOROUGH OF POTTSTOWN FILLING THE VACANCY IN THE POSITION OF ELECTED TAX COLLECTOR PURSUANT TO THE PENNSYLVANIA BOROUGH CODE. WHEREAS, Section 901 of the Pennsylvania Borough Code permits Borough Council, by Resolution, to fill a vacancy that might occur in the position of Elected Tax Collector within thirty (30) days after the vacancy occurs; and WHEREAS, Janice Gilyard, Elected Tax Collector for the Borough of Pottstown, has expressed her intent to withdraw from the position and further has failed to take an Oath of Office required by the Borough Code; and WHEREAS, based upon the events described above, Pottstown Borough Council has declared a vacancy in the position of Elected Tax Collector, as required by the Pennsylvania Borough Code; and WHEREAS, the Borough Council is desirous of filling the vacancy in the position of Elected Tax Collector until the first Monday in January after the next municipal election. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Burgess and Town Council of the Borough of Pottstown, that Barbara A. Toroney be appointed as the Elected Tax Collector of the Borough of Pottstown to fill the unexpired term of Janice Gilyard, which term shall expire on January 4, 2016. Vice President Gery requested a roll-call vote. Gery yes Procsal yes Kirkland yes Weand yes Kulp yes Toroney abstained Miller yes Motion carried: 6 ayes, 1 abstention (See Exhibit A) President Toroney returned to the Council Meeting Room and resumed the Chair. LETTER TO LOWER POTTSGROVE TOWNSHIP – POTTSTOWN PUBLIC LIBRARY President Toroney reviewed the action of Lower Pottsgrove Township eliminating $10,000 in its funding to the Library. He requested that Council consider a letter requesting that the Township reconsider this matter in its budget process. Mr. Green commented that the cut from the Township would be detrimental in many aspects, including requirements to the State for not providing the normal funding. January 8, 2014 This matter will be listed on the regular agenda. RESOLUTION – BERKHEIMER LIAISON Ms. Lee advised that this would allow the Finance Director and Accounting Administrator to act as the Borough’s liaison with Berkheimer Associates. RELAY FOR LIFE – WAIVER OF PARK FEES Mr. Flanders explained the request of the Relay for Life committee to conduct its May 3, 2014 event at Riverfront Park and to allow a waiver of fees in the amount of $435. MATERIAL BID AWARDS & CHEMICAL BID PACL Mr. Flanders reviewed the bids for highway materials and referred to the bid tabulations distributed. These matters will be listed for approval on Monday’s agenda. DEMOLITION 265 KING STREET Solicitor Garner advised that the applicant has again requested that this matter be postponed as no permit has been requested for the demolition of 265 King Street. BOARD VACANCIES President Toroney reviewed the vacancies on the various boards and the letters of interest received. He advised that these will be listed for consideration on the regular agenda. President Toroney also noted that he will be providing assignments to the various committees and subcommittees. COUNCILORS’ GENERAL DISCUSSION Councilor Procsal, Gery and Kirkland thanked their constituents for his being elected to Council and requested input and comments from them. Councilor Weand commented on the action taken at the January 6, 2014 Reorganization Meeting allowing public comment at the end of the Committee of the Whole meetings. He suggested that these comments be included in the PCTV televised portion rather than be excluded to the public. Councilor Weand requested this matter be listed for review on Monday’s agenda. January 8, 2014 President Toroney thanked all for the unanimous vote for his position and that of Vice President Gery. EXECUTIVE SESSION President Toroney noted there will be an executive session for two items of personnel. COMMENTS FROM CITIZENS PRESENT Arthur Green, 121 North Hanover Street – reiterated his concerns regarding the Library’s allocation from Lower Pottsgrove Township and urged all to attend the upcoming Township meetings. ADJOURNMENT The meeting adjourned at 8:15 p.m. Attested, Mark D. Flanders Borough Manager January 8, 2014 EXHIBIT A