Council Committee of the Whole

November 5, 2014 COMMITTEE OF THE WHOLE MEETING The November 5, 2014 Committee of the Whole meeting was called to order at 6:30 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. CONDITIONAL USE HEARING- ERVINA WHITE BEAUFORD, 1133 HIGH STREET Solicitor Garner opened a Conditional Use Hearing on the request of Ervina White Beauford, t/a Ervina White Beauford Funeral Services, to establish a funeral home at the property located at 1133 High Street. Mr. Garner entered several items into evidence. Ms. Beauford and Robert Bennett were sworn in and testified to the use and hours of operation for the property. Ms. Beauford advised that a traffic study was conducted, along with a lease agreement with Saint James Church. a. James Bell, 1142 Ramble Avenue – expressed a concern regarding limited parking. b. William Pascucci, 1791 Cold Spring Road – commented on the size of the building and its use as a funeral home. He also expressed a concern on the parking lease with the Church and the consequences if it would cease to exist. Councilor Kirkland advised that he received numerous concerns from his 7th ward constituents. Solicitor Garner explained that Council has 45 days to render a decision. The hearing closed at 7:10 p.m. INVOCATION The invocation was provided by Mayor Thomas. PRESENTATION – POTTSTOWN POLICE DEPARTMENT – LIFE SAVING AWARDS Mayor Thomas, along with Chief Drumheller, presented lifesaving awards to Officers Nikolaus Stoltzfus, Anthony Fischer and Steven Morrisey for an August 13, 2014 incident wherein the three officers assisted in saving the life of a distraught motorist on Jackson Street. The Mayor also presented a lifesaving award to Corporal Brian Weitzel for saving the life of a four-year old child on June 15, 2014. November 5, 2014 Chief Drumheller added that these officers will forever wear a ribbon on their uniforms indicating that they have saved a life. SUBCOMMITTEE REPORTS a. Infrastructure – There was no meeting. b. Safety – Councilor Gery noted that the next meeting is November 10, 2014. c. Economic Development & Business Liaison – Ms. Weekley announced the opening of Tompkins Insurance, 258 High Street and the completion of Haggerty Steel in the Circle of Progress. d. Transportation – Ms. Weekley advised that the runway project is ongoing and should be completed by November 20th. e. Ricketts Community Center – The report was in the packet. f. Pottstown School Board – Mr. Williams advised that the Rupert School will be transferring into the new facility on November 10th. g. Ad hoc Zoning, Animal & Bicentennial Committee – Councilor Miller reported that a sound barrier has been constructed at the Wastewater Treatment Plant to defuse the sound of the machines from the animal kennel. She also requested Council’s approval of authorize the Solicitor to prepare an application for volunteer services at the kennel. Councilor Kulp advised that significant progress has been made with dates and events for the Bicentennial celebration. President Toroney noted that hopefully a ribbon cutting for the new Borough Garage can occur during the events in 2015. HANDICAP PARKING SPACE APPEAL Ms. Martha Parry, 7 West 4th Street was present, along with her daughter, Martha Mitchner and requested Council’s consideration in awarding her a handicap parking space. She explained her infirmities and noted that her June 2014 application was denied by her Ward Councilor. Ms. Parry added that she has been at this residence for 43 years. Solicitor Garner explained the process of appeal of a denial for a handicap parking space as per the Borough Ordinance. Councilor Miller commented that this gives the entire Council the opportunity to review and establish new policies for handicap spaces. She also noted that at least four other spaces exist in the vicinity and adds to the difficulty for resident parking. Chief Drumheller noted that this request was reviewed and approval was recommended by the Police Department as per the criteria of the Ordinance. November 5, 2014 President Toroney advised that this matter will be listed on the regular agenda and the Ordinance will be reviewed by the Safety Committee. FIXED BASE OPERATOR (FBO) LEASE Ms. Weekley referred to the draft lease agreement with the new Fixed Base Operator, Fly Elite, LLC. James Rouiller, Manager of Fly Elite, was present and thanked Council for the opportunity to operate the Airport. He provided information on upcoming events and services, such as U-Haul and Hurst rental cars and aerial photography. RENTAL ORDINANCE AMENDMENT Solicitor Garner advised that certain items are being reviewed under the rental ordinance. The substantive proposed change being considered is the requirement of all rental units to be inspected on an annual basis. Mr. Flanders added that the 2015 budget has consideration for the concept of the once per year rental inspections. PUBLIC WORKS FACILITY AWARD Mr. Flanders referred to the bid tabulation and requested consideration in awarding the bid to the lowest, responsive, responsible bidder, E. R. Stuebner in the amount of $4,074,000. Ms. Lee confirmed that no money has been drawn from the loan established for the building. CHEMICAL BID & DIESEL FUEL BIDS Mr. Flanders reviewed the bid tabulations distributed for the 2015 chemicals and diesel fuel bids. President Toroney advised that these matters would be listed for consideration on the regular agenda. SANITARY SEWER ORDINANCE AMENDMENT Solicitor Garner noted that this amendment is the recommendation for the Borough Authority to establish guidelines for charges when the water is turned off or disconnected. This will allow for clarification under both the Authority guidelines and the Borough ordinances. 2015 DELINQUENT REAL ESTATE TAX COLLECTION Manager Flanders requested Council’s approval in retaining the Montgomery County Tax Claim Bureau to collect the 2015 Real Estate Taxes. November 5, 2014 President Toroney added that Staff has been satisfied with the County services. RECYCLING PERFORMANCE GRANT – HOUGH ASSOCIATES Mr. Flanders referred to the three-year proposal of Hough Associates to perform the collection of data for the recycling grant at a cost of $8,000 per year. He added that DEP has assured that the grant is solvent through the year 2020. PDIDA HOLIDAY PARKING Mr. Flanders reviewed the request of the Pottstown Downtown Improvement District Authority to grant free parking on Saturdays and Sundays during the holiday events. ZONING – 81 SOUTH CHARLOTTE STREET Solicitor Garner reviewed the application of Shaun and Nancilyn Folkerts for a zoning variance for direct retail sales of restored classic automobiles. Councilor Procsal commented that he is in favor of this project and requested Council send a letter of support to the Zoning Hearing Board. FAMILY DOLLAR STORE LAND DEVELOPMENT PLAN – 90 DAY EXTENSION Solicitor Garner advised that the applicant has requested an additional 90 day extension as it awaits PennDOT permit approvals. President Toroney noted that these items would be listed for approval on Monday’s agenda. VACANT POSITIONS President Toroney advised that there exists a vacancy on the EAC and two on HARB. HARB Mr. Flanders reviewed the application for a HARB Certificate of Appropriateness for the property located at 455 King Street for replacement of siding. He also explained the request to ratify the action of the Building Permit Officer for the following properties: a. 272 Walnut Street – to repair brick b. 250 Walnut Street – to replace porch boards c. 254 Walnut Street – to replace porch boards d. 935 East High Street – for installation of a 4 ft. high aluminum fence e. 643 East High Street – to repair front steps f. 911/913 High Street – for removal of stucco and replace windows, gutters, downspouts The HARB matters will be listed for approval on the regular agenda. November 5, 2014 BUDGET Finance Director Janice Lee provided a power point presentation of the proposed budget. Ms. Lee also noted that the decline in assessments is equivalent to the 1998-1999 assessment. She explained that the initial budget process resulted in a $1.3 million deficit and credited the department heads for decreasing their budgetary items. Ms. Lee reviewed the revenue item increases for 2015 for the individual departments, including the outsourcing of the utility billing. Mr. Flanders also explained the creation of the Capital Plan Policy and requested Council’s consideration in adopting the policy, putting annual spending limits on these items. Mr. Flanders also requested a one-time override in expenses for a Parks and Recreation vehicle, and also in the Police, Licensing and Inspection and Public Works capital items. Ms. Lee added that with the health care costs not increasing as much as expected, Borough Staff is proposing a 0% tax increase for 2015. Councilor Weand stated that the Finance Committee is recommending advertising the 2015 proposed budget for approval. COMMENTS FROM CITIZENS PRESENT a. Dianne Krumm, 275 North Hanover Street – questioned if landlords are delinquent on their Real Estate taxes can they be charged an additional amount and have this included in the proposed rental ordinance amendment. President Toroney referred this matter to the Solicitor for review. COUNCILORS’ GENERAL DISCUSSION The Councilors praised Staff and the Finance Committee for their efforts with the budget process. Councilor Gery reminded all to observe Veteran’s Day. Councilor Miller noted that at these crucial times, more efforts should be invested in our codes, property maintenance and police. She also noted that efforts should be made to assist existing businesses, not only new ones. Councilor Miller thanked outing representative Mark Painter for his services. Mayor Thomas also thanked staff for its 0% tax increase. President Toroney added that this may be a challenge for the School District as well. November 5, 2014 EXECUTIVE SESSION The meeting adjourned to executive session at 8:45 p.m. for four items of personnel. ADJOURNMENT The meeting adjourned at 9:15 p.m. Attested, Mark D. Flanders Borough Manager