Council Committee of the Whole

June 7, 2017 COMMITTEE OF THE WHOLE MEETING The June 7, 2017 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 and Rita Paez. Also present were Manager Mark Flanders, Solicitor Charles Garner, Mayor Sharon Valentine -Thomas and Borough Secretary Virginia Takach. Councilor Kirkland was absent. INVOCATION President Weand requested a moment of silence. PLEDGE ALLEGIANCE TO THE FLAG PRESENTATION – FIRE CHIEF RICHARD C. LENGEL President Weand, along with Mayor Thomas, presented retiring Fire Chief Richard Lengel with a Resolution, in the presence of staff and fellow firefighters. Councilor Procsal moved to adopt a Resolution recognizing Richard C. Lengel for 24 years of dedicated service to the Borough of Pottstown. Councilor Kulp seconded the motion. RESOLUTION No. 2017-11 RECOGNIZING RICHARD C. LENGEL FOR 24 YEARS OF DEDICATED SERVICE TO THE BOROUGH OF POTTSTOWN WHEREAS, Richard C. Lengel has served the Borough of Pottstown as a dedicated employee since 1993; and WHEREAS, during his career with the Borough he served in the dual capacities of Fire Marshal and Fire Chief; and WHEREAS, for the past five years Rich has served in the position of appointed Fire Chief, and during his career he has been called to duty at various hours of the day and night in all types of emergency response situations, in order for the community to receive the best level of fire safety possible and to save lives; and WHEREAS, Rich’s presence at the Borough Hall will be truly missed by the people that have worked and served with him. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY the Mayor and Town Council that Richard C. Lengel is officially recognized for the outstanding service he has provided the Borough of Pottstown through 24 years of employment; and further that he is extended best wishes for a happy and well-deserved retirement. Adopted at Pottstown Borough Hall, 100 East High Street, this 7th day of June 2017. Motion carried: 6 ayes. June 7, 2017 Chief Lengel commented that he has served under numerous Councils and several Borough Managers, all being very supportive of the fire services in the Borough. He added that he also served with many dedicated volunteers with the goal to assure that the Borough received the best fire services. Chief Lengel thanked all for helping him achieve that goal. PRESENTATION – PSAB RECOGNITION AWARD President Weand presented the Pennsylvania State Association of Boroughs’ award to Kourtney High, Grants Assistant, for conducting the Citizens’ Leadership Academy for the last two years. Ms. High was present and accepted the award, adding that the class was developed to enhance civic leadership and build a stronger community. PRESENTATION – CITIZENS’ LEADERSHIP ACADEMY GRADUATION Ms. High presented the graduation certificates and introduced the class as follows: Theodore Conner, Carla Day, Amy Durante, Cynthia Durante, Cassie Jones, Trenita Lindsay, Bernadette Norton, Michael Paules, Melissa Pepitone and Lisa Vanni. Amy Durante spoke on behalf of the class and the experience and knowledge it attained. PRESENTATION PAST HONOR GUARD MEMBERS Chief Richard Drumheller explained the responsibilities of the Honor Guard Members and the history and background of the program. He advised that the officers serve at events and as pallbearers, on their own time, at a moment’s notice. Chief Drumheller added that the Department chose to honor the members with ten or more years of service. In the presence of the Pottstown Police Honor Guard, Mayor Thomas presented the following members with certificates: Officer David Mull, 10 years, (not present); Sergeant Michael Ponto, 10 years; Sergeant Brian Rathgeb, 10 years; Officer Ronald Taylor (20 years); Former Police Chief and Borough Manager Mark Flanders, 11 years; Captain Robert Thomas, 10 years; and Chief Richard Drumheller, 10 years. SUBCOMMITTEE REPORTS a. Infrastructure – Councilor Kulp advised that there was no meeting. b. Economic Development & Business Liaison – Mr. Keller provided an update on several awarded grants including $80,000 for the construction of the King Street Pedestrian Crossing, the PennDOT grant for the repaving of the Airport East Apron and the $10,000 mini- grant from Pottstown Area Health & Wellness & DCNR for the Riverfront Park pavilion project. Mr. Keller also provided an update on the Laurel Street project, the Sojourn and downtown summer events, all available on the pottstownfamilies.org website. June 7, 2017 c. Transportation – There was no meeting. d. Ricketts Community Center/OBGC – The report was provided in the packets. e. Pottstown School Board – Mr. Williams reported that a group from the School District attended a meeting in Harrisburg to address the underfunding and fair funding issues of the District. An additional meeting was held at the School District with local legislators. f. Ad hoc Zoning – Councilor Procsal advised that the local artists attended the last meeting and addressed concerns regarding murals and signs. g. Ad hoc Animal – Vice President Miller reminded rescue groups of the TNR (Trap- Neuter-Return) programs to ensure that there is also a responsible care giver involved. She also advised that Pottstown Paws has an open communication with the SPCA, Pottstown Police Department and Animal Control Officer. h. Safety – Chief Drumheller advised that a small Parking Committee has been formed to address parking issues in the downtown and signage throughout town. He will have a report in the near future. Chief Drumheller also confirmed that, even in light of a recent incident, the Post Office is safe to enter. PART OPERATING BUDGET Ms. High referred to the PART Operating Budget distributed in the packets and explained that the fiscal year begins July 1st. She added that State grant funding has been received and the Federal funding is pending. Ms. High advised that the revenue projected for the current year is lower than what was projected but realistic. This budget is a 1% increase over the current year and PART is holding costs down as much as possible. She added that when the shelter project is completed, PART will receive the reimbursement for that funding. Ms. High also confirmed that ridership is down on the buses and therefore an increase in costs. She added that there is an increase in the Paratransit rides. MAYOR’S REPORT Mayor Thomas cautioned all on the use of Facebook and cyber safety, due to hackers and the consequences resulting. She also commented on the successful Memorial Day Parade, noting that Pottstown was only one of a few that did not cancel its parade due to the weather. Mayor Thomas announced an event on July 10th, “A Crown of Beauty for Ashes” 238 High Street, Connections on High, adding that women returning to society for any reason are welcome. MANAGER’S REPORT Manager Flanders reminded all of the Plant Tours scheduled for June 10th and June 17th. He also announced that the Montgomery County Commissioners will be holding a town meeting at the Montgomery County Community College, June 13th, 7:00 p.m. Mr. Flanders reminded all of the June 20th Joint Meeting with the School Board to be held at Pottstown Memorial Medical Center and also reviewed the upcoming board vacancies for June, July and August. June 7, 2017 FIRE MARSHAL APPOINTMENT Mr. Flanders advised that Donald Stiteler has accepted the conditional offer as the Fire Marshal for the Borough and requested Council’s approval on Monday’s agenda. PRESENTATION – ACTIO, 860 CROSS STREET Mr. Keller referred to the outline from BASF regarding the proposed land acquisition for the property located at 860 Cross Street. He reviewed the environmental conditions of the property that require approval of DEP and EPA regarding certain chemicals in the soil and groundwater. Mr. Keller noted that a representative will be available for the July meeting and noted that the EAC could be involved in the process. AIRPORT OPEN HOUSE James Rouiller, Airport FBO, was present and requested approval of an Airport Open House for September 30th, in conjunction with the Sly Fox Can Jam Festival. He added that the Airport will remain open. PRESENTATION – IN FOCUS FESTIVAL, MICHAEL LENHART Michael Lenhart, Director of Parks & Recreation, provided a presentation for the 2017 In Focus Short Film Festival scheduled for November 9-11, 2017 and outlined the categories, guidelines and awards for the event, being run by the Parks & Recreation Department. Mr. Lenhart acknowledged Cedarville Engineering for its sponsorship of the event. Films may be submitted to www.pottstowninfocus.com. EVENTS Mr. Flanders referred to letters of request for the following upcoming events: Veterans Community Day, September 23rd, Allegheny East Community Event, June 25th and the Carousel of Flavor, September 24th and requested approval for these events as requested. President Weand noted these would be listed for approval on Monday’s agenda. PENNSYLVANIA MUNICIPAL LEAGUE MEMBERSHIP Mr. Flanders referred to last month’s presentation from officials of the Pennsylvania Municipal League and referred to the cost outline for membership to the League, which was provided in the packets. He confirmed that this would be a six-year membership, commencing in 2018. Vice President Miller noted that this League is a League of Cities and differs from the Borough’s Association and deals with the same urban challenges as Pottstown. President Weand noted this would be listed for discussion on the regular agenda. June 7, 2017 PORTNOFF AGREEMENT – COLLECTION OF DELINQUENT MUNICIPAL ASSESSMENTS Solicitor Garner reviewed the request of Portnoff Law Associates to extend its agreement for the collection of delinquent municipal assessment accounts and recommended a one-year contract extension. APPOINTMENT ZONING OFFICER Manager Flanders noted that with the pending retirement of Maria Bleile, a Zoning Officer appointment is required and recommended the appointment of Keith Place as the temporary Zoning Officer. Vice President Miller suggested that this be a permanent appointment rather than addition of another full-time salary to the Borough, as Mr. Place is fully certified and can perform the duties. Solicitor Garner confirmed that this can be changed by Council at any time. ALL CITY MANAGEMENT SERVICES, INC. Mr. Flanders explained that the agreement with All City Management Services for the facilitation of the Crossing Guard program for the Borough and recommended a one-year extension of the contract with the same terms and conditions. COMCAST CABLE FRANCHISE AGREEMENT RENEWAL Solicitor Garner referred to the letter from Comcast indicating its desire to begin negations for a new franchise agreement, within the next 36 months. He added that any cable franchise agreement is non-exclusive and any qualified cable service would be welcomed in the Borough and would be required to sign a franchise agreement. Mr. Flanders added that he is in the process of contacting Verizon FiOS representatives for potential service in the Borough. Solicitor Garner also noted that approximately nine years ago, Verizon was considering an agreement with the Borough. Verizon chose to not continue negotiations and was not prepared to make the investment in the Borough. PARKING AGREEMENT, 260 HIGH STREET Mr. Flanders referred to the May 26, 2017 letter from Shaila Adluru requesting a parking agreement for the Park and Shop lot, located at 270 High Street. He added that Ms. Adluru was unable to attend this meeting and will be here Monday evening. After a brief discussion among Council, President Weand advised that it would be listed on Monday’s agenda for consideration. June 7, 2017 BID PROTEST, ECMS PROJECT NO. 102836 Solicitor Garner reinterred the discussion held at the Special Meeting of May 31, 2017 regarding the bids received for the Walk/Bike project. He also explained that the low bidder neglected to comply with the PennDOT rules also approved by agreement with the Borough. Solicitor Garner recommended that Council take action to deny the bid protest and allow the award to the next lowest bidder. He added that PennDOT has advised that they would not offer funding to the low bidder and therefore there is not much choice if the project is to move forward. President Weand opened a public hearing at 8:30 p.m. to accept comments on this topic. Hearing none, he closed the hearing at 8:31 p.m. Councilor Procsal moved to deny and reject the bid protest of Ramos and Associates associated with ECMS Project No. 102836. Ms. Paez seconded the motion. Motion carried: 5 ayes, 1 abstention. Councilor Arms abstained from voting as he was not in attendance at the May 31, 2017 meeting. HARB Mr. Flanders reviewed the recommendations from HARB as follows: a. 1296 East High Street – to repair floor and porch floor boards b. 301 Chestnut Street – to remove and replace existing slate roof Mr. Flanders also requested approval of the Administratively Approved application for property located at 701-703 High Street to replace existing columns on front porch. ADD-ON – 300 CHERRY STREET Solicitor Garner explained the recent applications of Hanover Square Warehouse, Inc., for a conditional use hearing, which will come before Council in July. A zoning variance application regarding parking requirements was also received and the zoning hearing is scheduled for June 29th before the Zoning Hearing Board. Solicitor Garner recommended that this be listed for Council’s consideration on Monday’s agenda. Mr. Flanders confirmed that the applicant will be present Monday evening to request support. COMMENTS FROM CITIZENS PRESENT a. Sheila Dugan, 71 North Hanover Street – spoke on behalf of PDIDA and the parking situations in the downtown. On behalf of the Board, Ms. Dugan noted that the FARM and upcoming events will require parking in the downtown and objected to providing 20 spaces to be specified for one merchant, of which Council did not seek PDIDA’s or other businesses recommendations. b. Adam Burke, 115 East High Street – also objected to allowing one merchant to have a special agreement for parking. He added that he will have a restaurant opening in September that will hold 50 seats and would also request specific parking spaces if granted to someone else. June 7, 2017 c. Deb Penrod, 215 Amanda Smith Drive - urged all to attend the Pottstown Historical Society Walking Tour scheduled for June 22nd, 6-8 p.m. on High Street. d. Debi Fox, Pottstown Florist, 300 East High Street – noted that with upcoming events and new businesses, the lot at High and Charlotte will be utilized and spoke against allowing one merchant to have a separate agreement in that lot. e. Frank Raski, 20 South Charlotte Street – spoke against the proposed parking situation and thanked Council for bringing the merchants together on this matter and noted that the municipal lot should be available to everyone. He also noted that if the Main Street Manager does not support the proposal, then the other merchant will not either. Mayor Thomas suggested building a downtown garage. COUNCILORS GENERAL DISCUSSION Councilor Procsal commended all for the successful Memorial Day Parade. Councilor Kulp suggested additional discussion on parking issues. Vice President Miller advocated on the Pennsylvania Municipal League and acknowledged Mr. Williams’ efforts in Harrisburg. She added that all money is not good money and the Borough is selling to whomever wants to buy and suggested a vision and a strategic plan. She also thanked the Reading Eagle for covering the Memorial Day Parade and its photos of Robert Douglas and other Veterans with the Clydesdales. Vice President Miller also thanked volunteers for their efforts. Councilor Arms also commended the organizers of the Memorial Day Parade and thanked all the business for attending this meeting. He also thanked the FARM committee for its efforts. Councilor Arms also noted that the memberships, including the PML and PSAB should be dissolved. Mayor Thomas also recommended not joining the PML and urged Council to consider the parking request of Shaila Adluru and to consider a future multi-tier parking facility. President Weand thanked Councilor Kulp for her initiative in the Investors’ Reception. He also commended the graduates of the Pottstown Works and the efforts of the Fair School Funding event for the education of the public. ADJOURNMENT The meeting adjourned at 9:00 p.m. on motion by President Weand. Attested, Mark Flanders Borough Manager