Council Committee of the Whole

July 6, 2016 CONDITIONAL USE HEARING – 6:30 P.M. Solicitor Garner opened a Conditional Use hearing on the application of Thomas Carbo for property located at 16 North York Street to establish a photography studio and office. Mr. Carbo testified and provided a brief outline of the prior uses of the building and the intentions to allow a photography studio at Unit #16. He noted that he presently offers a videography studio. Mr. Carbo also noted that the 30-minute parking already established will not present any issues for the studio, but requested additional enforcement. He also requested an extension of time for the photography studio to be opened from Monday through Sunday from 9:00 a.m. to 8:00 p.m. Ms. Olivia Fry also testified that she would be the only employee in the studio. The hearing closed at 6:50 p.m. COMMITTEE OF THE WHOLE MEETING The July 6, 2016 Committee of the Whole meeting was called to order at 7:00 p.m. by President Weand in the Council Meeting Room, Pottstown Borough Hall, and 100 East High Street, Pottstown, PA. ATTENDANCE Councilors present were Ryan Procsal, Carol Kulp, Sheryl Miller, Dennis Arms, Dan Weand, Rita Paez and Joseph Kirkland. Also present were Assistant Manager Erica Batdorf, Solicitor Charles Garner, Mayor Sharon Valentine -Thomas and Borough Secretary Virginia Takach. Manager Mark Flanders was absent. INVOCATION PRESIDENT’S COMMENTS President Weand read a statement in response to the recent article in The Mercury by Tom Hylton, regarding the comparison of Borough employee wages from 2012 through 2015. He noted that the W-2 wages are not accurate means of determining actual employee compensation levels and provided several examples. President Weand added that an attack on the Finance Department or Borough employees is an attack on him. SUBCOMMITTEE REPORTS a. Infrastructure – There was no meeting. Mayor Thomas commented on the condition of several roadways. Mr. Yerger explained the process of milling and paving the roads after pipe replacement projects. July 6, 2016 b. Economic Development & Business Liaison – (included in Manager’s report) c. Transportation – Councilor Kulp advised that the minutes were provided and the next meeting is in September. d. Ricketts Community Center/OBGC – Councilor Kirkland noted that summer programs are ongoing. e. Pottstown School Board – Kurt Heidel provided an outline of the recent school events, including 161 graduating students and the percentages of them moving into higher education, military and full-time employment. Mr. Heidel announced several upcoming events and advised that for a second year in a row, there will be no tax increase and noted that Dr. Jeffrey Sparagana was honored at the recent School Board meeting on his retirement. Mayor Thomas reiterated her request to address children abandoned at school or bus stops and links with Adverse Childhood Experience Possibilities and requested this be explored. f. Ad hoc Zoning – President Weand advised that the next meeting is July 19th and proposed amendments are listed on this agenda for discussion. Mayor Thomas also advised that she is promoting Support Equity First, regarding fair and equitable funding for distribution of state funding for underfunded school districts. g. Ad hoc Animal – Vice President Miller reported that the committee met twice in July and will meet again July 29th and a proposed policy is listed on the agenda for discussion. MAYOR’S REPORT Mayor Thomas advised that she has begun an initiative to promote several businesses in the Borough and commended the efforts of the Visiting Angels that hires experienced care takers and is presently taking applications. Mayor Thomas also commented on the changes to the Human Relations Commission and the certain types of conditions that exist and that are often unfavorable. She added that sometimes these situations appear as racism or unfair and unjust but are not. Mayor Thomas referred to an email wherein she was referenced as using micro management and explained the definition of micro managing. She added that her position was oversight not micro managing. The Mayor also noted that she suggested a scholarship program through the commission and it was reported to her that the commission would not pursue the program because it was not the commission’s idea. She added that she would be looking into the higher state level and why a higher form of government takes the lower position and defers it to the court of the common people when issues are becoming more complex. 7:30 P.M. - PUBLIC HEARING – 2016 EDWARD Byrne Memorial Justice Grant Solicitor Garner explained the annual application for a grant for the 2016 Edward Byrne Memorial Justice Grant. He added that the grant is in the amount of $16,663 to be used by the Police Department for equipment, overtime and quality of life issues. July 6, 2016 Solicitor Garner opened a public hearing and requested comments. Chief Drumheller provided an outline of the use of the proposed funds, including a new voice recorder. There were no further comments and the hearing closed at 7:35 p.m. MANAGER’S REPORT Assistant Borough Manager Erica Batdorf commended the efforts of all involved in the July 4th 5-K run and the July 2nd queen crowning event, adding that Pottstown High School Senior, MarDaije Pearson won the contest and is also a camp counselor with the Borough. Ms. Batdorf reminded all of the July 10th Pottstown Criterium bike event in the downtown and the July 16th half-marathon and urged all to attend the Concerts in the Park events. Ms. Batdorf also reported that a resolution was awarded to retiring School Superintendent, Dr. Jeffrey Sparagana. Ms. Batdorf also reported that the Schuylkill River Heritage Area awarded the stormwater management and hydrodynamic device grant for Laurel Street improvements in addition to the County award for this project. In addition, a grant report was provided to Council. PRESENTATION - Tim O’Neill, Lamb McErlane – Refinancing 2006 Sewer and 2009 AA Water Bonds Attorney O’Neill and Attorney Helen J. Esbenshade of Lamb McErlane were present to represent the Pottstown Borough Authority. Attorney O’Neill explained the benefit of refinancing the 2006 Sewer and the 2009 AA Water Bonds at this time and the advantage of a better interest rate with the Borough’s backing. He also projected the proposed savings of $800,000 and no less than $500,000, with an interest rate of 1.25 to 1.5%. The selling of the bonds will take place via the Internet and the guarantee must be approved by the Pennsylvania Department of Community and Economic Development. Attorney O’Neill requested the ordinances be considered at this meeting. Solicitor Garner commented that the refinancing requires ordinances to be adopted by Borough Council, which he has reviewed. Ms. Lee added that she, along with Mr. Plenderleith, have been working towards the refinancing and recommended approval to the Finance Committee. President Weand opened a public hearing at 7:50 p.m. as this action was not listed on the agenda. Evan Brandt questioned the use of the savings. Ms. Lee responded that there will be no need for a debt payment and the savings will go toward capital expenses. She added that there would also be the possibility of not raising rates for capital projects for a few years. Kurt Heidel questioned if the proceeds would affect the Pottsgroves as well. July 6, 2016 Ms. Lee responded that the water costs effect the Borough and the sewer costs are shared according to the flows with the Pottsgroves. The public hearing closed at 7:55 p.m. Sewer Bond - Councilor Kirkland moved to authorize and approve an Ordinance to guarantee the 2016 Sewer Bonds. Councilor Kulp seconded the motion. ORDINANCE NO. 2150 AN ORDINANCE AUTHORIZING AND DIRECTING THE INCURRENCE OF LEASE RENTAL DEBT OF THE BOROUGH OF POTTSTOWN, PENNSYLVANIA, MONTGOMERY COUNTY IN CONNECTION WITH THE POTTSTOWN BOROUGH AUTHORITY’S ISSUANCE OF ITS GUARANTEED SEWER REVENUE BONDS, SERIES OF 2016, IN THE AMOUNT OF UP TO $13,400,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR THE REFUNDING OF SAID AUTHORITY’S GUARANTEED SEWER REVENUE BONDS, SERIES OF 2006 AND FOR THE PAYMENT OF THE COSTS OF ISSUING THE 2016 BONDS. Arms aye Paez aye Kirkland aye Procsal aye Kulp aye Weand aye Miller aye Motion carried: 7 ayes. Water Bond – Councilor Kulp moved to authorize and approve an Ordinance to guarantee the 2016 Water Bonds. Councilor Paez seconded the motion. ORDINANCE NO. 2151 AN ORDINANCE AUTHORIZING AND DIRECTING THE INCURRENCE OF LEASE RENTAL DEBT OF THE BOROUGH OF POTTSTOWN, PENNSYLVANIA, MONTGOMERY COUNTY IN CONNECTION WITH THE POTTSTOWN BOROUGH AUTHORITY’S ISSUANCE OF ITS GUARANTEED WATER REVENUE BONDS, SERIES A OF 2016, IN THE AMOUNT OF UP TO $5,700,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR THE REFUNDING OF SAID AUTHORITY’S GUARANTEED WATER REVENUE BONDS, SERIES AA OF 2009, AND FOR THE PAYMENT OF THE COSTS OF ISSUING THE 2016A BONDS Arms aye Paez aye Kirkland aye Procsal aye Kulp aye Weand aye Miller aye Motion carried: 7 ayes. July 6, 2016 ANIMAL COMMITTEE POLICY Vice President Miller explained the recommendations from the Animal Committee for more efficient, humane, safe and cost effective practices for the Borough Kennel. One of the most significant proposed changes is to establish an annual kennel-use fee of $500 to be required by all surrounding townships, except those of West, Upper, Lower Pottsgrove Township and the Borough of Pottstown, who have ownership in the Sewer Treatment Plant, wherein the kennel is located. President Weand noted that this would be listed for the regular agenda. LERTA Solicitor Garner advised that a required advertised public hearing will be listed to accept public comment to determine the boundaries of the LERTA district, prior to any adoption of a LERTA ordinance. He added that the consensus is to establish the district as borough-wide. CROSSING GUARDS Assistant Manager Batdorf reviewed the Manager’s memorandum and outline of the process and costs savings with respect to entering into a contract with All City Management Services, Inc. (ACMS) and requested that approval be listed for Monday evening. FIRE ORDINANCE AMENDMENT Solicitor Garner referred to the draft recommendations from Chief Lengel for amendments to the Fire Ordinance. Vice President Miller referred to Section 268 and commented that the “one vote for one company” is a moot point and should not be included as the Fire Chief is taking recommendations from the Fire Committee and makes the final decision. Councilor Arms referred to Section 256 and suggested that it be changed that the Fire Chief shall reside within the Borough limits and would not consider another mile-limitation. He also noted that in Section 262 the word “all” should remain to require the Chief to attend all fire department emergency responses. Solicitor Garner explained that the amendments are recommended to invest additional authority in the Borough’s Fire Chief and in the day to day operation overseeing equipment, procedures and practices of the various fire companies. President Weand requested that any additional comments be referred to him or Manager Flanders. HUMAN RELATIONS COMMISSION ORDINANCE AMENDMENT July 6, 2016 Solicitor Garner also referred to the changes recommended for the Human Relations Commission ordinance, adding that all recommendations would not require an ordinance change. Mr. Garner reviewed the proposed changes to the various sections, including the number of members, duties and clearances and also that members be appointed by Council and no longer appointed by the Mayor. Diana Rivera O’Brien spoke on behalf of the commission and requested up to nine commissioners in order for different commissioners to address different causes. She also questioned the guidelines for clearances for commissioners. Solicitor Garner noted that the suggestion for clearances was to follow guidelines of the School District. He also noted there is no residency requirement and applicants can send a letter of interest to the Manager or Council. Solicitor Garner noted that any additional comments may be forwarded to his attention. MASTER TRAFFIC ORDINANCE AMENDMENTS Ms. Batdorf referred to the proposed ordinance changes provided by the Police Department to coincide with the Walk – Bike project and the Closed Loop Signal System. She noted that within the next few months, several traffic lights will be removed and speed limits will be changed from 35 mph to 25 mph. She added that this does not address the Phase II Johnson and York Street one-way conversion at this point. Ms. Batdorf added that the residents have been notified of the upcoming changes and requested Council’s authorization to move forward. ZONING Solicitor Garner reviewed the recommendations of the Ad Hoc Zoning Review Committee regarding the regulations to address convenience stores, changing the convenience store definition into a neighborhood convenience store. This would allow an applicant to apply to Council for a Conditional Use. Solicitor Garner noted with Council’s authorization to advertise a public hearing, the ordinance may be addressed by the September meeting. Councilor Arms commented that convenience stores within 1,000 feet are too close. Solicitor Garner advised that it would have to be a reasonable distance based on the size of the district or may be subject to a challenge. President Weand noted this would be listed for discussion on the regular agenda. TEMPORARY CONSTRUCTION EASEMENT – POTTSTOWN YMCA Ms. Batdorf explained the Bus Shelter Replacement project and the need to formalize an easement agreement with the YMCA. This will include an ADA curb and proper crossing. Ms. Batdorf noted that the easement would cover the construction of the shelter and requested Council’s approval of the easement. HARB July 6, 2016 President Weand reviewed the recommendation of HARB to approve certificates of Appropriateness for the following properties: a. 858 High Street – for replacement of slate roof with blue metal b. 125 King Street – for replacement of door with wood paneled door HARB President Weand also reviewed the request to ratify action of the Building Permit Officer for a Certificate of Appropriateness for the property located at 421 King Street. The HARB matters will be listed on the regular agenda. COMMENTS FROM CITIZENS PRESENT a. David Miller, 96 Cedar Street – commented that as elected officials, Council missed an opportunity to showcase Pottstown as the regional hub in not promoting the Independence Day Parade and July 4th festivities in order to market and promote Pottstown. He urged Council to enlist the support of the Council of Governments, Parks & Recreation, The Mercury , The TriCounty Chamber of Commerce, PDIDA and PAID, along with local businesses and organizations to establish a 2017 Independence Day event. Mr. Miller also commented that convenience stores serve the community and suggested to let the free market decide. b. Sheila Dugan, 71 North Hanover Street – reminded all of the FARM event held each Thursday from 4:00 – 8:00 p.m., with new vendors being added each week. c. Kristen Sirbak, 322 East High Street – spoke in opposition of convenience stores and their clientele. She noted that one is open 24-hours and the other was cited for selling drugs. Ms. Sirbak also requested additional policing in the downtown. She urged the Police and Council to come downtown and into the stores. ADJOURNMENT The meeting adjourned 8:55 p.m. Attested, Erica Batdorf, Assistant Borough Manager