March 25, 2019 Council Meeting Minutes

PRESENT
President Bollendorf, Vice President Stockton, Councilwoman Benjamin, Councilman Hegele, Councilman Forgeng, Councilman Rich, Councilwoman Anzinger, Mayor Guenst, Manager Hegele, Assistant Secretary DeRenzis, Superintendent Sine, Chief Gardner, Fire Marshal Myers, Fire Company President Mount, Engineer Goff, Solicitor Kilkenny, Solicitor Grieser, and Treasurer Zollers

ABSENT – None

CALL TO ORDER – President Bollendorf called the March 25, 2019 Council Meeting to order at 7:00 PM.

INVOCATION – Mayor Guenst gave the invocation.

PLEDGE OF ALLEGIANCE – The Pledge of Allegiance was led by Chief Gardner.

ORDINANCE AMENDMENT APPROVAL
A public hearing was held beginning at 7:00 PM for Ordinance No. 1055, Amendment to Chapter 27, Part 15 – Provisions of the HI-MU Heavy Industrial Mixed Use Zoning Districts. A court reporter was present to document the proceedings in an official transcript.

VOTING ITEMS
ORDINANCE NO. 1055: AMENDMENT TO CHAPTER 27, PART 15 – PROVISIONS OF THE HI-MU HEAVY INDUSTRIAL MIXED USE ZONING DISTRICT – Councilman Rich motioned to approve Ordinance No. 1055: Amendment to Chapter 27, Part 15 – Provisions of the HI-MU Heavy Industrial Mixed Use Zoning District. Motion was seconded by Councilman Hegele, all ayes. Motion carried 7-0.

ADJOURNMENT – The Ordinance Amendment Hearing was adjourned at 7:14 PM.

CONDITIONAL USE HEARING
A Conditional Use Hearing was held beginning at 7:14 PM. The Conditional Use Hearing was for the application submitted by 451 Oakdale Avenue, Re-Defined LLP, proposing a retail sales area in the existing building for the sale of art, home goods, and other general merchandise, including items created by the manipulation of scrap metal and a café for the sale of beverages and pre-packaged food. A court reporter was present to document the Conditional Use Hearing and an official transcript of the hearing was taken.

VOTING ITEMS
CONDITIONAL USE REQUEST

Councilman Rich motioned to approve the Conditional Use Application submitted by 451 Oakdale Avenue, Re-Defined LLP, for a retail sales area for the sale of art, home goods, and other goods including items created by the manipulation of scrap metal and a café for the sale of beverages and pre-packaged food in an HI-MU Industrial District subject to a time restriction on operating times. Motion was seconded by Councilman Forgeng, all ayes. Motion carried 7-0.

ADJOURNMENT – The Conditional Use Hearing for 451 Oakdale Avenue was adjourned at 7:35 PM.

COUNCIL MEETING
CALL TO ORDER – The March 25, 2019 Council Meeting was called to order at 7:35 PM.

MEETING NOTES – President Bollendorf reviewed the Public Comment Policy found on the back of the agendas.

PUBLIC COMMENT – None.

PENNDOT WARMINSTER ROAD CONSTRUCTION & DETOUR PRESENTATION
Judith Arina, project manager for the Warminster Road Bridge Construction project and detour was present to discuss the 2020 Warminster Road Bridge Construction project and the proposed detour for the project. She stated that PennDOT has contracted WBCM as the design consultant for the project and a representative from their firm was also present this evening.

Joe O’Neil from WBCM stated that this bridge replacement project will replace the current bridge with a wider bridge with a 100 year life so it will last longer. He stated that the bridge will have a larger opening underneath with fewer piers to reduce sediment and encourage a smooth flow of water. He noted that they could not raise the road as an alternative to the flooding in the area because of the train crossing and truck traffic in the area. He stated that this project has been in development for 10 years and that the work is expected to take 7 months to complete. He stated that the current schedule for the project is set for April-October 2020.

Mr. O’Neil stated that the proposed detour for the project directs traffic down Terwood Road to Davisville Road to Byberry Road and back to Warminster Road. He stated he and the Borough will be meeting with Provident Trucking, a local trucking business, to discuss plans for their trucks and receive feedback from them with regard to the proposed detour. He noted that this business is the primary reason that PennDOT chose not to detour trucks up York Road. Mr. O’Neil stated PennDOT is aware of proposed improvements to intersections in the detour area, including the Borough’s Green Light Go project at Warminster and Byberry. He also noted that turn radiuses at Byberry and Davisville that will be taking place around the time of bridge replacement project. He stated that contractors will monitor traffic conditions throughout the length of the project and neighboring projects in order to improve the flow of traffic and detours. He noted that Village Green Apartments were considered in the detour plans as the size of the property requires two points of access. He stated that PennDOT will accommodate the apartments and make sure not to restrict access to the apartments, nor the residential property on Warminster Road.

Councilman Hegele asked if York Road is definitely not a possible detour route. Mr. O’Neil stated that PennDOT will place a lot of preemptive signage and warnings to route traffic in other directions; however, stated that trucks do have the option to ignore the detour. Councilman Hegele asked why the bridge construction will take so long when the bridge is so small. Mr. O’Neil noted that the 7 month timeframe is only an estimate at the moment, so the project might be shorter or longer. He stated that the bridge replacement will require the removal/replacement of walls and piers that have mandatory curing times. He also noted that they are working on a constricted work zone that also gives limitations. He added that all construction will take place from 9 AM to 3 PM as per PennDOT regulations.

Mr. Bill Tompkins, Spring Ave. stated that they mentioned detouring traffic down Byberry and Davisville Roads; however, if there is going to be construction in this area as well, will the construction at Byberry and Davisville be completed before the bridge detour. Mr. O’Neil stated that the Byberry and Davisville Road work will be completed in 2019 and will not affect the 2020 bridge detour.

Mike Foley asked for clarification on the detour routes. Mr. O’Neil stated the plan is to route trucks from Byberry Road to Davisville Road to Terwood Road and back to York Road. He noted that some trucks still use GPS systems, so they are going to place adequate signage in the areas to direct trucks the right way. Mr. Foley asked if PennDOT could place signage stating “No Trucks”. Chief Gardner stated that trucks are permitted on all of the roads for the detours, but PennDOT wants to direct the trucks in other directions because of tight turn radiuses and congestion that can make driving difficult. Mayor Guenst stated this bridge project is long overdue and that while motorists and trucks will be inconvenienced, it is necessary.

Mr. Foley stated there is some gray area about the length of the work and that some businesses in Hatboro could be forced out of business because of the increased traffic on York Road. Mayor Guenst asked if he thought there will be too much traffic on York Road. Mr. O’Neil stated the locals will find their way around. Vice President Stockton stated that the bridge has to be replaced and as a result traffic has to go somewhere. Mr. Foley stated traffic can be sent to County Line Road to Blair Mill Road. Chief Gardner asked if PennDOT considered using 611 to County Line Road as a detour because it is 4 lanes of traffic. Mr. O’Neil stated that they are open to this possibility, but it may be confusing to have multiple detours. Councilman Hegele stated routing trucks to 611 makes the most sense.

Mr. O’Neil stated that SEPTA will be replacing the railroad crossing gates as a part of this project. Councilwoman Benjamin asked if the construction work will affect the SEPTA train schedule.  Mr. O’Neil stated that the contractor will comply with all trains and the apartments. He stated that the contractor will not be stockpiling material or parking equipment on-site because of the floodplain as well. He noted that the staging area has not yet been determined.

Ms. Arina stated that the Borough will have to maintain a small section of sidewalk once this bridge is replaced. Manager Hegele stated Council will be considering this item later in the meeting.

Councilman Forgeng asked if the water flow under the bridge will still be restricted by the railroad. Mr. O’Neil stated that the railroad does slightly affect the water flow in the area, but that the new construction of the bridge will help with free flow of water.

MAYOR’S REPORT – Mayor Guenst stated that the Chamber of Commerce Easter Egg Hunt will be taking place on Saturday, April 6th. She stated that the Hatboro Little League will be having their opening day on April 12th and that the Hatboro Horsham Education Foundation is having their Casino Night at the Talamore Country Club the same night. Mayor Guenst stated that the Emergency Management team will be conducting a tabletop drill on March 26th. Mayor Guenst thanked the Gardeners of Crooked Billet for their work on the Borough’s Gardens, specifically the Welcome To Hatboro Sign.

OFFICERS’ REPORTS
PRESIDENT’S REPORT – President Bollendorf stated that the Parking Commission has been meeting regularly to work on solutions to various parking issues in the Borough.

TREASURER’S REPORT – Treasurer Zollers stated at the end of February 2019, the Borough retained a total account balance of $1,644,521.96 with a year to date interest in the amount of $1,075.39.

SOLICITOR’S REPORT – Solicitor Kilkenny stated his offices have been working with staff on the Conditional Use Hearing for 451 Oakdale Ave., the Zoning Change approved earlier in the meeting, and researching a medical marijuana ordinance for the zoning district of Council’s choosing due to a requirement by the state. He also stated that the Borough received notice of a zoning appeal for 385 Springdale Ave., RAV Collision. He stated that his offices was sent to appeal the application at the Zoning Hearing Board decision issued to deny the variance requested. Solicitor Kilkenny stated that Council can vote to send his offices in opposition to the appeal in front of Montgomery County Court of Common Pleas.

ENGINEER’S REPORT – Engineer Goff stated RVE has been working with Borough staff on the Borough’s CDBG application for a project in Celano Park. She stated that she is working with the DEP to finalize the Borough’s MS4 Map and PRP. Engineer Goff stated that RVE is also developing the preliminary design plans and performing a safety study for the Corinthian Trail project.

MANAGER’S REPORT – Manager Hegele stated that the Borough will receive $204,891.97 in Liquid Fuels funding on April 2nd. She noted that these funds are determined by the total mileage of locally owned roads and the most recent census figures on record.

Manager Hegele stated that she filed all of the yearly pension reports.

Manager Hegele stated that the DVRPC Trail Steering Committee will hold their first meeting on April 1st in Upper Moreland. She stated she will be attending and will provide updates as the steering committee progresses.

Manager Hegele stated she reached out to PennDOT again with regard to the York Road Paving Project and they were not able to provide her with a date.

Manager Hegele stated that PennDOT will the closing the bridge on Byberry Road near Masons Mill on April 1st and advised that motorists should seek alternative work. She stated that all information about this and the detours presented by PennDOT earlier on the Borough’s website and Facebook.

Manager Hegele stated that she received emails from two business owners, Heilman’s and Stutz, with regard to the Warminster Road bridge detour. She noted that she will reach out to both business owners to inform them of PennDOT’s detour plans.

Manager Hegele stated that Montgomery County will be debuting a new voting system. She stated they will be holding a demonstration for voters on April 6th at Ambler Borough Hall.

Manager Hegele stated that Pool Memberships will be for sale beginning May 1st. She stated that staff will put together the brochure following Council’s approval of the fees.

Councilwoman Benjamin asked if PennDOT will have to seek another noise ordinance waiver from Council. Manager Hegele stated it would not be a bad idea for PennDOT to come back before Council for another waiver in order to perform overnight.

STAFF REPORTS
POLICE REPORT – Chief Gardner stated that Officer Ryan Allen began narcotics scent training at University of Penn earlier in the day with K-9 Louie. He stated this training will go through May and Louie will be available at a limited capacity for narcotics detection over the summer. He stated that Louie will then attend patrol school in September.

Chief Gardner stated the K-9 vehicle was ordered and manufactured. He stated that the Borough is currently waiting for shipment.

Chief Gardner stated that the Emergency Management Team will be participating in a tabletop drill through PEMA and Montgomery County on Tuesday, March 26.

Chief Gardner stated that the Police Department’s Accreditation Manager, Mr. Benson, has been working on policies and establishing a foundation for the department. Chief Gardner stated he went through minutes and determined that George Palmer was the Borough’s first police officer in 1903. He added that Mr. Palmer only made $25.00 per year.

Chief Gardner stated that representatives from the PA Chief’s Association visited the station and the State Police will also be visiting the Police Station for the LiveScan system. He noted that the LiveScan system should be up and running within 2 months.

TAX COLLECTIONS REPORT – Tax Collector Mount stated the collectible balance at the beginning of March 2019 was $3,600,781.23 and the collectible balance at the end of the month was $3,257,618.27. She also announced that tax payments are also now being accepted online.

PUBLIC WORKS REPORT – Superintendent Sine stated he assessed the Borough’s storm drains after the winter and there is minimal damage. He stated Public Works crews are fixing potholes and performing road maintenance throughout the Borough. Superintendent Sine stated the street sweeper is making its rounds throughout town. Superintendent Sine stated that Public Works is performing upgrades to the parking lot at Eaton Park, will be opening the pool, and beginning construction on the volleyball court. He added that the baseball field at Memorial Park has also been cleaned up for spring.

Councilwoman Benjamin asked is it is possible to paint parking spots in the Eaton Park Lot. Superintendent Sine stated it is difficult to paint lines on crushed stone; however, he is going to try. President Bollendorf stated there are also plans to construct a trail from the Memorial Park lot to the pool to encourage more people parking in the that lot.

FIRE MARSHAL REPORT – Fire Marshal Myers stated that the emergency management team will be participating in a tabletop drill on March 26th. He stated there was an incident where the emergency management team was active to clean up a large hazardous spill in the center of town. He noted that everyone worked well together.

FIRE COMPANY PRESIDENT REPORT – Fire Company President Mount stated that Montgomery County is requiring Enterprise to upgrade their radios, so they placed an order to do so. She stated the radios should be active within a week of receipt.

VOTING ITEMS
ACKNOWLEDGMEENT OF STAFF REPORTS – Councilwoman Anzinger motioned to acknowledge the receipt of the Public Works Report, Fire Marshal Report, Tax Collector Report, Treasurer’s Report, Historical Commission Minutes, and the Upper Moreland Hatboro Joint Sewer Authority Minutes.  Motion was seconded by Vice President Stockton, all ayes. Motion carried 7-0.

APPROVAL OF WARRANT LIST, PAYMENT OF BILLS, MANUAL CHECKS, AND TRANSFERS – Vice President Stockton motioned to approve the warrant list, payment of bills, manual checks, and transfers for the month of March 2019. Motion was seconded by Councilman Rich, all ayes. Motion carried 7-0.

APPROVAL OF MINUTES
FEBRUARY 25, 2019 COUNCIL MEETING MINUTES
– Councilwoman Anzinger motioned to approve the February 25, 2019 Council Meeting Minutes. Motion was seconded by Councilman Hegele, all ayes. Motion carried 7-0.

MARCH 11, 2019 COMMITTEE MEETING MINUTES – Councilman Rich motioned to approve the March 11, 2019 Committee Meeting Minutes. Motion was seconded by Councilwoman Anzinger. Councilman Hegele abstained as he was absent from the meeting. A vote was cast, all ayes. Motion carried 6-0.  

FIRE COMPANY EXPENDITURE LIST – Councilwoman Benjamin motioned to approve the Fire Company Expenditure for the month of February 2019 in the amount of $15,211.10 Motion seconded by Councilwoman Anzinger, all ayes. Motion carried 7-0.

EATON PARK SIGNAGE – Councilwoman Anzinger motioned to approve the purchase of a new sign for Eaton Park in the amount of $2,880.00. Motion was seconded by Vice President Stockton, all ayes. Motion carried 7-0.

SALE OF 2010 FORD CROWN VICTORIA ON MUNICIBID – Vice President Stockton motioned to approve the sale of a 2010 Ford Crown Victoria on Municibid. Motion was seconded by Councilwoman Benjamin, all ayes. Motion carried 7-0.

PURCHASE OF ROCK THEME KIDDY SLIDE FOR POOL – Councilwoman Anzinger motioned to approve the purchase of a rock theme kiddy slide for the Memorial Pool in the amount of $11,383.00. Motion was seconded by Vice President Stockton, all ayes. Motion carried 7-0.

President Bollendorf stated this expense will be coming out of the pool fund and that it will be installed for the 2020 season.

AMENDMENT TO ZONING ORDINANCE – MEDICAL MARIJUANA – Councilwoman Anzinger motioned to authorize staff to proceed with the drafting of the medical marijuana ordinance. Motion was seconded by Councilwoman Benjamin, all ayes. Motion carried 7-0.

WARMINSTER ROAD BRIDGE SIDEWALK MAINTENANCE AGREEMENT – Councilman Rich motioned to approve the Warminster Road sidewalk maintenance agreement. Motion was seconded by Councilman Hegele, all ayes. Motion carried 7-0.

RESOLUTION 19-09: SIDEWALK MAINTENANCE SIGNATURE AUTHORIZATION – Councilwoman Anzinger motioned to approve Resolution 19-09, authorizing Manager Hegele to sign the PennDOT sidewalk maintenance agreement for the Warminster Road Bridge reconstruction project. Motion was seconded by Councilwoman Benjamin, all ayes. Motion carried 7-0.

RESOLUTION 19-10: 2019 POOL FEES – Councilwoman Anzinger motioned to approve Resolution 19-10, establishing the 2019 Memorial Pool Fees. Motion was seconded by Councilman Rich, all ayes. Motion carried 7-0.

RESOLUTION 19-11: CDBG PROJECT – Councilwoman Anzinger motioned to approve Resolution 19-11 for the 2019 CDBG Grant application for the Windsor Avenue and Meadowbrook Avenue Improvement Project. Motion was seconded by Vice President Stockton, all ayes. Motion carried 7-0.

SHADE TREE APPOINTMENT – Vice President Stockton motioned to appoint Ashley Bianchimano to the Shade Tree Commission for a term of 1 year. Motion was seconded by Councilman Forgeng, all ayes. Motion carried 7-0.

UPPER MORELAND HATBORO JOINT SEWER AUTHORITY BOARD APPOINTMENT – Councilman Hegele motioned to appoint Bill Tompkins to the Upper Moreland Hatboro Joint Sewer Authority Board for a term of 5 years. Motion was seconded by Councilman Forgeng, all ayes. Motion carried 7-0.

Mayor Guenst thanked Mr. George Lewis for his service over the years and for staying on the board until the Borough was able to find a replacement.

EATON PARK PLANTS – Borough Council selected tall plants for the Eaton Park Streambank Restoration Project.

SPECIAL UPDATES – There were no special updates.

OLD BUSINESS – None.

NEW BUSINESS
FIREHOUSE GRANT EXTENSION
– Councilman Rich motioned to approve extension request No. 6 for the Fire House Grant. Motion was seconded by Councilman Hegele, all ayes. Motion carried 7-0.

AUTHORIZATION TO SEND SOLICITOR TO OPPOSE RAV COLLISION APPEAL – Vice President Stockton motioned to appoint Solicitor Kilkenny to contest the Zoning Appeal by RAV Collision. Motion seconded by Councilwoman Benjamin, all ayes. Motion carried 7-0.

PRIVILEGE OF THE FLOOR – Bill Tompkins, Spring Ave. advised that Council look at previous zoning opinions with regard to the Medical Marijuana Ordinance as the dispensing facilities are covered under the Retail Commercial Districts and the Manufacturing Facilities are covered under the Industrial district, so there will not be a need to separate Medical Marijuana. Solicitor Kilkenny stated he has dealt with this situation in other municipalities and disagrees. President Bollendorf stated he is going to specify a specific location in which the facilities can open as neighboring municipalities have done. Councilwoman Benjamin requested that the ordinance contains aesthetics and sign requirements be addressed with the ordinance. Solicitor Kilkenny stated he will address this in the ordinance.

Librarian Michael Celec stated that the Library Referendum is on the ballot for May 21st and people can vote regardless of their party. He noted more information is available at www.yeshatborolibrary.org.

ADJOURNMENT – The March 25, 2019 Council Meeting was adjourned at 8:29 PM.

Respectfully submitted,
Deena DeRenzis
Assistant Borough Secretary

Transcribed by Deena DeRenzis