April 9, 2018 Committee Meeting Minutes

President Bollendorf, Vice President Stockton, Councilwoman Anzinger, Councilwoman Benjamin, Councilman Hegele, Councilman Forgeng, Councilman Rich, Mayor Guenst, Manager Hegele, Assistant Borough Secretary DeRenzis, Superintendent Sine, Chief Gardner, Solicitor Kilkenny, Solicitor Geiser,  and Engineer Hanna

ABSENTTreasurer Kalnajs and Fire Marshal Myers were absent

President Bollendorf called the April 9, 2018 Committee Meeting to order at 7:00 PM.

PUBLIC COMMENT – President Bollendorf acknowledged the large group in attendance and stated that each group will have the opportunity to speak during this period. He noted that those who wish to speak must be a resident, taxpayer or own a business in the Borough and everyone speaking must adhere to the Public Comment Policy printed on the back of the night’s agenda. President Bollendorf announced there would be a brief recess in order for the various groups in attendance to appoint a spokesperson who would represent each group during the public comment period to ensure that the meeting is conducted in an orderly fashion.

Solicitor Kilkenny stated that the purpose of having each group appoint a spokesperson is to ensure the meeting is conducted in an orderly and organized fashion. He noted parties other than the appointed spokesperson may speak; however, Council asks that these parties only give comments that were not already discussed by a previous speaker.

President Bollendorf adjourned the brief recess at 7:18 PM and began the public comment period.

HUMAN RELATIONS ORDINANCE – Mark Giuliana, 206 W. Montgomery Ave. asked for clarification on the process of enacting an ordinance. President Bollendorf stated the proposed ordinance is discussed amongst Council and the public and then Council will vote to advertise the Ordinance. Once advertised, the Public will have the opportunity to review the proposed Ordinance.

Solicitor Kilkenny clarified the Human Relations Ordinance for all of those in attendance. Solicitor Kilkenny stated that the Human Relations Commission would be established to deal with protected classes. He noted that 44 Municipalities in the state have enacted a version of this ordinance including Abington Township, Cheltenham Borough, Upper Dublin Township, and Whitemarsh Township. He stated that this ordinance will provide Council with a local forum to discuss any LGBTQ issues. He noted that the Human Relations Committee established through this ordinance will not be able to rule whether or not an act of discrimination actually took place, but will act as a way to mediation platform.

Councilman Forgeng stated that residents should be aware of the content of this ordinance as it will affect schools and public facilities such as bathrooms. He stated that this ordinance will allow people who perceive themselves as a different gender to use specific bathrooms and that he is not ok with this fact as it poses a safety concern for females particularly. Solicitor Kilkenny stated that Doylestown Borough was the first to enact this Ordinance and it was appealed to the Supreme Court and upheld. Councilman Forgeng noted Proposition 9 which was passed in California which was overturned.

Mark Giuliana asked if Hatboro’s Ordinance will be identical to Ambler’s Ordinance.  President Bollendorf stated yes, this will be the same as Ambler’s. Mr. Giuliana asked why this ordinance is needed and if there have been discrimination issues occurring in Hatboro. Mayor Guenst stated that this ordinance was being established to be proactive. Mr. Giuliana stated that laws Council shouldn’t enact laws that aren’t needed. Mr. Guiliana stated that the Ambler Ordinance uses the term “Public Accommodations” and asked if this was referencing businesses, the library, the Hatboro Pool, etc. President Bollendorf stated that this is correct. Mr. Guiliana stated that the perception of oneself could cause problems with bathrooms at the pool and that this ordinance can cause problems with religious liberties. Vice President Stockton noted that religious organizations are protected under this ordinance.

Mr. Guiliana stated that since there are no issues in the Borough, there is no reason for this ordinance. He noted that people are very accepting of diversity in modern time.

Councilwoman Benjamin staed that she volunteers with an organization which works with the LGBTQ community. She stated that if the Borough wants to give everyone an equal opportunity for employment and in terms of livelihood, the Borough should enact the resolution.

Councilman Forgeng stated that Christians throughout the world are the most endangered group and that he has personally felt persecuted as a Christian throughout his life. He stated that the passing of this ordinance would prohibit Christians from speaking out against issues like homosexuality in which they do not believe in. He stated that there is persecution of people of faith within the United States today and this is an issue.

Mr. Guiliana stated that he does not think someone should lose a job because of their sexuality or gender identity; however, he has concerns with the nuances in the ordinance that can cause issues with religious liberty and the safety of those in the Borough. He acknowledged that Mayor Guenst wants the Ordinance passed by April and stated that he believes this is not something to be rushed and that it should be a topic that is discussed openly and thoroughly before it is voted on.

Councilman Bollendorf stated that Council is very transparent and encouraged residents to email or contact Council to offer different viewpoints.

Mr. Guiliana asked where residents can view a copy of the ordinance. Solicitor Kilkenny stated that once Council votes to advertise the ordinance, copies will be available for public review and will be advertised in the newspaper. President Bollendorf stated that the Ordinance has not been completely formulated at this point which is why it will not be available for review until it is voted to advertise at the April Council Meeting.

Ken Bishop, 40 E. Monument Ave., stated he and his wife own Hatboro Jewelers. He stated that couple accused him of discrimination years ago and claimed that they were denied service because they were gay. Mr. Bishop stated that he did not carry the ring setting that they were looking for and that is why they were denied service Mr. Bishop stated that if the proposed commission was in effect during this time, he would have been forced to prove his innocence which is something he should not be forced to do.

Mayor Guenst asked where the complaint came from. Mr. Bishop stated he was unsure as to where it originated from which is why this proposed ordinance is so dangerous. Mayor Guenst stated that under this ordinance, the parties involved in the complaint will sit down with the commission to make sure there were no misunderstandings. Mr. Bishop stated that even with this system, he would be forced to prove his innocence and take time away from from his business.

Vice President Stockton stated that he understands Mr. Bishop’s concerns; however, the possibility of a false accusation is not a viable reason to prevent disciplinary measures from any actions that could harm another person. Vice President Stockton added that false accusations are a possibility with any law.

Councilwoman Benjamin stated that this ordinance is only adding a small nuance to what protected classes already exist and that this issue is no different than an existing protected class claiming discrimination.

Mr. Bishop stated that as a business owner, he should have the right to tell someone to leave if they are treating him disrespectfully or in a manner that he does not like. He stated that he should not have to prove his innocence should someone turn this into an accusation of discrimination.

Sheldon Kernosh, 176 W. Lehman Ave., stated he has taught High School for 16 years and has noticed that the LGBTQ children are much more likely to commit suicide and that he has worked with them closely. He stated that a lot of residents are expressing concern over the issues regarding bathroom use; however, those in the LGBTQ community are much less likely to be predators as many as suspecting. He acknowledged that residents have different beliefs and opinions, but that the Country has become more inclusive. Mr. Kernosh also stated that this ordinance will make the town more friendly and attractive to families.

Kevin Lavery, 200 N. Penn St., asked if the mediation between the parties involved and the commission would be public. Mayor Guenst stated that they would be private. Mr. Lavery asked if there was a cost to implement the commission. President Bollendorf stated that the ordinance states that the costs for the commission will be kept at a minimum. Solicitor Kilkenny stated that these costs would be around a few hundred dollars.

Councilman Hegele asked why the Commonwealth of PA has not adopted its own LGBTQ law. Solicitor Kilkenny stated that he cannot speak for the entire assembly; however, he has spoken with Tom Murt who informed him that Governor Wolf is in support of it. Councilman Hegele stated that Section 4 Subsection A could cause the Borough to be liable if someone accuses a Police Officer or Public Works Employee of discrimination. He stated that this could be dangerous because the third party commission would have control of the remediation as opposed to the Borough’s department heads. Solicitor Kilkenny agreed that this would be the case and that if needed, an issue like that could be taken to the PA Supreme Court. Councilman Hegele asked who would pay for the employee’s legal costs should the issue need to move past the commission. Solicitor Kilkenny stated he is unsure as to who would pay for the legal fees. Solicitor Kilkenny added that all of the municipalities he works with have passed this ordinance and have never needed to use it.

Matt Coyle, 47 N. Penn,  asked who would appoint the members of the commission. Mayor Guenst stated that Council would appoint the commission. Mr. Coyle asked what weight and power the board will have. Mayor Guenst stated that this board is for mediation and the issues will not go to court if mediation can be reached. Solicitor Kilkenny stated that many municipalities have adopted ordinances that are similar if not identical to the Ambler ordinance that Hatboro is looking to adopt.

Mr. Coyle stated that Council should include a clause in the Ordinance for Borough employees such as Police Officers and Public Works employees. Vice President Stockton asked what will happen if they are found guilty. Mr. Coyle stated that if they are found guilty, that’s a different story, but that they should be protected otherwise. President Bollendorf asked how conflicts such as sexual harassment and discrimination are currently handled internally by the departments. Chief Gardner stated that there is an internal procedure for cases like this and that they are taken with the utmost importance.

Vice President Stockton stated he was a little frustrated because of the focus on the possibility of false accusations. He stated that false accusations can take place with any existing protected class, and that false accusations amongst this new protected class are no different. He added that the Borough should not continue to worry about this possibility.

Mr. Coyle asked what would happen if a person is brought before the commission and is slandered. Councilman Hegele stated that Council would not be liable for the commission’s actions or what takes place during the mediation periods. Solicitor Kilkenny added that the people that appoint the commission are not liable whatsoever. Mayor Guenst stated that those appointed will also be trained by the state.

Councilman Hegele asked what the budget for the board would be. Mayor Guenst stated that the Borough would print any documents needed in house to keep costs low. She added that the board is volunteer and that the training is performed by the County and the State at no cost.

Councilman Hegele asked who will pay for the mediation costs. Mayor Guenst stated that yes, there is a possibility of expenses along the line; however, these costs will be minimized.

Councilman Hegele stated that in a previous meeting, Mr. Teets stated that this ordinance may cause an issue with freedom of religion and added that when one class is protected, another class becomes unprotected.

Patsy Meck, Earl Lane stated that she was present when Council discussed this ordinance years ago. She stated that equal rights for everyone must happen, especially in Hatboro. She noted that disparaging comments happen and that she is a heterosexual Christian and does not see any problems with the ordinance in terms of freedom of religion. Councilman Hegele stated that he is concerned that someone can use this ordinance to target a specific individual or business. He added that it could also cause concern with new businesses coming into the Borough.

Jason Barnsley, 223 N. Penn, asked if there were any sanctions or penalties included in this ordinance. Councilwoman Anzinger stated that the ordinance calls for private mediation and is not binding.

President Bollendorf reminded residents that false information spreads quickly and that they should not believe everything they read on the internet. He stated that he will first read the actual proposed parking changes before the group will have the opportunity to comment.

President Bollendorf stated that the streets affected by this parking ordinance will include Penn St., E. Moreland Ave. from Penn to New, New St. from Byberry to Montgomery, and E. Montgomery Ave. from York to Jacksonville, with Central Ave. between New and Lacey. being a possibility. President Bollendorf stated this ordinance will establish 2 hour parking on these streets; however, residents may obtain a free permit that will allow them to park without adhering to the 2 hour limit. He stated that each household will receive 2 permits and residents that require more permits to accommodate additional vehicles will be considered on a case by case basis. He noted that the purpose of this ordinance to alleviate the commuter parking issue that has been taking place for years.

Mr. Coyle stated that he is glad that Council is addressing this issue and that they are following suit with other municipalities in the area that offer this permit parking. President Bollendorf stated that Council would have addressed this problem sooner; however, Council wanted to ensure that enacting this parking ordinance would not jeopardize the money that the Borough receives in Liquid Fuel Tax. He noted that they received direct confirmation from the state that this ordinance would not affect the Borough’s money, so Council can finally move forward with the ordinance.

Sinead Hess, 28 N. Penn stated that she recommends that Council extends this 2 hour parking restriction further than the proposed streets. She stated that parking in front of and around her home at any time of day is impossible and that the only other parking in the area is metered. Ms. Hess noted that residents often have to park illegally due to the commuters which should not happen. She stated that Bonair Avenue is the only street that does not have any lines or parking restrictions, so residents in her neighborhood are often forced to park there even when it is far away. She noted that residents on Bonair are then forced to find other parking and a domino affect is created. She stated that she loves the permit parking idea.

Councilwoman Anzinger stated that she lives on Penn St. as well and received one of the notices containing false information in her mailbox. She added that she wishes residents reached out to Council or contacted Borough Hall instead of spreading the false information.

Ms. Hess asked when this parking ordinance would be put into effect. President Bollendorf stated that parking permits would need to be created and flyers would need to be placed on cars parked on the affected streets a couple times to notify motorists of the changes. He stated that the ordinance could be in full effect by the summer and noted that the goal of this ordinance is to encourage commuters to park in the numerous commuter lots within the Borough.

Ms. Hess noted that the lines painted on the streets are also way too small to accommodate cars. Chief Gardner stated that he has been dealing with this issue for quite some time and he is glad that it is finally being addressed. He noted that it is impossible to determine how far a commuter will go to avoid paying the dollar fee to park in the commuter lots. He stated that Council can look to add more streets later on after this ordinance is in effect for a little while. Chief Gardner stated that he has noticed that the commuter lot behind Station Park is often unused and that is is closer to the train station than a lot of these streets. He added that he sympathizes with the residents because the police station is located in the middle of these affected streets and was even forced to block off their rear driveway to prevent commuters from using the Police Station parking lot.

Mr. Lavery, N. Penn, stated that commuters have noted that parking on the streets is more of an issue of ease of access issue than a money saving measure.

Council agreed to add the entire stretch of North Penn Street to the 2 hour parking ordinance.

Mr. Bishop stated that the Borough should approach SEPTA for help regarding the issue. President Bollendorf agreed that the Borough could request that SEPTA post something on their trains that tells commuters where they should park. President Bollendorf stated that Council will also add Bonair to the ordinance and asked if anyone in the audience was apposed to this ordinance. There was none apposed in attendance.

CHALLENGER LEAGUE FUNDRAISER EVENT REQUEST – Manager Hegele stated the applicant for this event, Mr. Tyler Becker, was unable to make the meeting; however, he is requesting a waiver of event fees in order to hold a fundraiser in Eaton Park and will be in attendance for the April 23rd Council Meeting.

LANCASTER AVENUE SIDEWALK WAIVER REQUEST – Scott Semisch stated that he represents Mr. Jim Case and Horizon Construction. He stated that they are requesting a waiver from the installation of sidewalks and curbs at the properties located at 335 and 337 Lancaster Ave. He noted that there are no existing sidewalks in the neighborhood and that the addition of sidewalks at these properties would be out of place. He stated that the addition of sidewalks would lower the rural character of the neighborhood and the lot size of the properties would be decreased as well. Mr. Semisch stated that he has letters from both property owners in agreement of the waiver.

Solicitor Kilkenny stated that Council previously discussed this waiver in October. Mr. Case stated that the waiver for the sidewalks was not previously granted and that he would like to pay the fee in lieu of constructing the sidewalks. President Bollendorf stated that the Borough’s Engineer created an estimate of $18,000. Mr. Case stated that he can have a contractor complete the work for less. Engineer Hanna stated that the Borough must comply with Pennsylvania prevailing wage and that although Mr. Case could complete the work for less, the Borough must meet this obligation by law.

President Bollendorf stated that Mr. Case and Mr. Semisch can submit their own estimate to the Borough’s Engineer for review. If the Engineer approves of the estimate, they can pay the corresponding fee instead of the estimate prepared by Remington and Vernick.

Mr. Case stated that he does not know why he must have to pay a fee when there are not any sidewalks in the area right now. President Bollendorf stated that the fee in lieu of will be used later on if the Borough decides to install sidewalks in the neighborhood. By collecting the fee in lieu of, the Borough ensures that the taxpayers do not pay for the sidewalk improvements for the Lancaster Ave. properties in the future when Mr. Case should have paid for the improvements to begin with.

Solicitor Kilkenny stated that Mr. Case should submit an estimate in writing, submit it to the Borough Manager and then Council will review it along with the Engineer.

Mr. Coyle stated if no one on the street has sidewalks, the addition of the sidewalks and curbs at these properties would look hideous and counteract any beautification efforts in the neighborhood. He also added that $18,000 for the fee in lieu of is too high. Vice President Stockton stated that Council agreed to consider a second estimate for this fee. Mr. Coyle stated that the Subdivision and Land Development Ordinance is unfair for requiring this fee. President Bollendorf stated that this ordinance was written to protect the taxpayers and only established the fee to ensure that any required improvements to the property that Mr. Case is liable for are not paid for by residents in the future.

Engineer Hanna stated that he will remove one curb from his estimate because Mr. Case will be installing one on Windsor. Councilman Forgeng stated that there are no sidewalks in this neighborhood and addition of these sidewalks now would look extremely out of place.

HATBORO STORM SWIM TEAM EVENT REQUESTS – President Bollendorf stated that the Pool belongs to the Borough. He stated that the Swim Team’s event requests were due in the beginning of the year along with those from other community organizations. He also stated that the Borough requires a separate event request form for each event as well as a deposit of $500.00 and insurance information in which the Swim Team did not provide. He noted that the Swim Team has been treated differently than other community organizations in the past, whether they are aware of that or not. He stated that the Borough does not pay swim coaches, nor will they use tax dollars in the future to pay for Swim Team coaches. President Bollendorf stated that the Borough and Council want to have a good relationship with the children of the Borough and that the actions of the Swim Team on social media have put a strain on this relationship. He noted that he received five emails over the weekend in support of the Swim Team and received exponentially more stating that the taxpayers should not pay for Swim Team Coaches. President Bollendorf stated he personally spoke with individual members of Council and that every member supports the Swim Team and that they are not against the Team in any way. He stated that Council is making changes in order to protect the Borough itself and the taxpayers from possible legality issues. He stated that the coaches were paid as lifeguards when the Borough made the agreement with the Swim Team years ago and that the coaches have not been lifeguarding anymore in recent years.

Ami Kirn, 113 Broad St., stated she has been the president of the Swim Team for 6 years. She stated that she met with former Councilman Mark Sheedy and former Manager Zollers in which they asked the Pool Parents Association to raise awareness for the pool as well as host community events such as movie night at the pool. Ms. Kirn stated that the previous manager agreed to pay two swim coaches because it cut lifeguarding costs for the Borough. She added that no one reached out to the Swim Team in February and that the office’s new leadership did not do their due diligence. President Bollendorf stated that it is not the Borough’s responsibility to reach out to every community organization for these event requests. Ms. Kirn stated that Manager Hegele had previously helped the Storm with their requests, so she should have reached out to the organization. She stated that the Team reached out to Abington Township and learned that the Township pays for the team’s coaches. President Bollendorf stated that Abington’s swim team also gives the Township $30 from every membership. Ms. Kirn asked what changed that the Borough is no longer paying the coaches. President Bollendorf stated that there were not budgetary changes; however Council should simply not have to pay for a private organization’s coaches. Ms. Kirn asked why the Swim Team was not contacted about these issues before the email from Administration staff was sent and why there was no meeting arranged. President Bollendorf stated that Manager Hegele attempted to call Ms. Kirn over the weekend. Ms. Kirn stated that she had not received a call. Manager Hegele stated that she called the number that Ms. Kirn left on the event request; however, no one answered.

President Bollendorf stated that the Borough is one of the only municipalities that offers a Swim Team Only pool membership and that these costs cover the costs of the lifeguards needed for meets. President Bollendorf states that the costs for Lifeguards to cover the swim meets and the practices are around $2400.00 per season and that these costs are covered by the sale of Swim Team Only Memberships.

Ms. Kirn asked why the YMCA was able to hold meets for free in previous years. President Bollendorf stated he cannot speak for pervious years and previous Council. Ms. Kirn asked why Council was then suddenly questioning the decision to pay Swim coaches in the past when an agreement was made during a private meeting with the former Borough Manager to pay coaches as lifeguards. Councilman Hegele stated that he has been on Council for 6 years and that this was the first time he was hearing about the Borough paying the Storm’s coaches. Ms. Kirn stated that Council is trying to be transparent, so this information should have been shared. President Bollendorf stated that this is a new Council and they are in fact being as transparent as possible. President Bollendorf stated that if Council pays for the Storm’s coaches, other community organizations can request that the Borough pays for their costs as well.

Mayor Guenst asked how many coaches the Swim Team has. Ms. Kirn stated that the team has 3 coaches and that the Borough traditionally paid for two while the Swim Team paid the other. Mayor Guenst asked how much the coaches are paid. Ms. Kirn stated that coaches are paid $1,200.00 each. Ms. Kirn noted that the Borough would have to pay lifeguards if the pool was open instead of closed for a swim meet. President Bollendorf stated that if that were the case, the pool would be open to members who are paying for the guards through their memberships.

President Bollendorf stated that things were done differently in previous years and that things will be done differently going forward. He stated that Pennsylvania State Law states the Swim Team Volunteers must have clearances. He stated that the Borough contacted DVIT earlier in the day to receive insurance coverage for the swim meets for the 2018 season. He noted that in previous years, the Borough exposed itself to potential liability issues by not having this insurance coverage. President Bollendorf noticed that Liberty Swim League does not have insurance and that the Borough wanted to make sure that it was covered should something happen. President Bollendorf stated that the Swim Team’s events were not covered under this insurance and that the Storm must obtain insurance for their events. He stated that this event insurance is required for all events held on Borough property and holds the Borough harmless in the event of a lawsuit. President Bollendorf stated that DVIT informed the Borough that the individual members of the Swim Team’s board can be sued individually due to the lack of insurance. Ms. Kirn stated that the Borough never informed the Swim Team about this. President Bollendorf stated that the Borough Manager reached out to Ms. Kirn over the weekend.

Alicia Barber stated that if the Borough does not pay the Swim Team’s coaches, there cannot be a swim team and that the Borough cannot make these changes without notice. President Bollendorf stated that the Borough has the ability to make changes as they see fit.

Mindy Walker, 121 Fairview, asked everyone to work together for a solution. She noted that the pool is very important to the community. She stated that she spoke with Abington Parks and Recreaction who informed her that most municipalities have a symbiotic relationship with their swim team where the municipality pays coaches and covers all swim team activities. She stated that the Borough needs to get back to recreating this symbiotic relationship. She stated that with new changes in the Borough, balls are going to be dropped which is understandable and that everyone needs to work together for resolution. Ms. Walked stated that if the swim team does not happen this season, the Storm should take a look at their numbers because she does not want to be forced to join Hideaway in Horsham. President Bollendorf assured that there will be a swim team this year, but that the swim team will be required to compromise as well.

Ms. Kirn stated that she understands that the Borough has litigation concerns, but that the Swim Team is a great organization. She stated that children become braver and it greatly benefits the youth of Hatboro.

Mayor Guenst asked if anyone knew the amount of income that the swim team only pool memberships generate. President Bollendorf stated the income is around $3,300, but that this amount is used to pay lifeguards for the Swim Team practices and meets. Mayor Guenst asked if the Swim Team has considered capping the team. Ms. Kirn stated that they are already one of the smaller teams.

Vice President Stockton stated that it is easy for misinformation to spread easily and that the Borough only wants to come up with a solution. Ms. Krin stated that she was simply following the procedure of how things once were. Mayor Guenst stated that it is not the Swim Team’s fault that they were misguided in the past and that Council is going to make sure things are done correctly in the future. Mayor Guenst stated that the event requests are reviewed by the Police, Public Works, and the Fire Police in case the event requires assistance. Mayor Guenst stated that Council is going to walk the Swim Team through the process. Vice President Stockton stated that things got out of control on social media and that the Borough is working to resolve the solution as quickly as possible; however, it will take time to get the information they need.

President Bollendorf stated that the Borough contacted DVIT about insurance coverage for the team’s car wash fundraiser. He stated because the team would not be swimming in the pool, they would not be covered. He stated that insurance for this event would cost around $200.00 and that the Borough is willing to work with the swim team for this coverage in the future.

Ms. Kirn asked why the hold harmless agreement does not cover these events. President Bollendorf stated that the Borough enacted the hold harmless agreement on membership applications to protect itself and that it does not extend to covering events.

President Bollendorf stated that the pool operating hours are being extended because the pool is a great asset and Council wants to make it a destination for the Borough. President Bollendorf read the proposed Swim Team practice schedule to take place on Monday, Tuesday, Thursday, and Friday from 7 AM to 10 AM. Coach Rowland stated that there are different levels of swimmers that join the team and that the team work with the children to help them grow and develop. President Bollendorf stated that Council can extend these practices. Mayor Guenst when the pool is treated with chemicals.

Superintendent Sine stated that the pool is typically treated between 11 AM and 12 PM. He noted that treating the pool can be challenging because the parameters must be met in order to allow bathers to swim. He stated that the pool is typically alkaline deficient which can affect the pH of the pool. He stated that the treatment to resolve this issue is always made early in the morning or late at night. President Bollendorf asked if the swim team could hold their practices from 7 AM to 11 AM. Superintendent Sine stated that he does not see a problem with this. Manager Hegele agreed.

Superintendent Sine stated that sometimes the automated chemical monitoring system sometimes malfunctions and that at times, he has to prohibit swimmers from entering the water. He stated that safety is the most important aspect of the pool and once safety is ensured, bathers can have fun. He stated that the pool is a great asset with great members and that the Borough can build upon what they have. He stated that he may need to close the pool at times due to any chemical imbalances and that he asks that the Swim Team understands. Ms. Kirn stated that she understands.

Coach Rowland stated that car washes held at other facilities are not required to obtain insurance. President Bollendorf stated that these events are covered under the insurance of the locations in which they take place. He noted that the Borough is a private entity and needs to protect itself.

Mayor Guenst asked if the Storm has any sponsors. Ms. Kirn stated that the team had looked into getting ads placed at the pool. Mayor Guenst stated that this could obstruct the parents’ view of their children and added that the team could possibly ask Hatboro Federal to donate their parking lot. Ms. Kirn stated that Hatboro Federal has been very generous and have donated money to the team. President Bollendorf stated that he and the members of the Parks Committee will work with the team to figure out details for the car wash. President Bollendorf asked what other fundraisers the Storm has. Ms. Kirn stated that the Car Wash is the main fundraiser.

Present Bollendorf stated that the Borough will require that volunteers have the proper clearances. He stated they will obtain information on exactly who needs the clearances and what kind are needed. He added that the Borough will require confirmation from the Storm that these clearances are obtained prior to the season. Alicia Barber stated that other teams in the league do not require clearances. President Bollendorf stated that the Borough will require information from Liberty League specifically about who has clearances. Ms. Walker stated that clearances for volunteers are often free and that obtaining these clearances are not as time consuming as everyone is expecting. President Bollendorf stated that the Storm will be responsible for maintain these clearances and must submit a signed letter to the Borough confirming that they were obtained.

Mayor Guenst asked if the pool made any revenue in 2017. Manager Hegele stated that the pool made around $1,000. President Bollendorf asked if the Swim Team Only memberships were increasing. Manager Hegele stated they are increasing to $65.00.

Vice President Stockton stated that the Storm is still a separate organization and that there needs to be a resolution that does not burden any taxpayers. Ms. Walker stated that the Borough does a huge service to the community in allowing the Swim Team to use the pool because it teaches the children how to swim which is extremely beneficial.

Coach Rowland stated that the coaches are certified to be lifeguards. President Bollendorf asked if the coaches would be willing to serve as lifeguards for the pool. The coaches in attendance stated they would agree to be lifeguards. Solicitor Kilkenny stated that lifeguards could not donate time to the Borough to serve as lifeguards outside of their coaching duties without being paid.

Coach Rowland stated that the Swim Team has other fees in addition to the Swim Team Only membership for the pool. Mayor Guenst stated that the money to pay the coaches must be in the budget if it was paid previously. President Bollendorf stated that this is not a budgetary issue and that this is an earmarking issue. Vice President Stockton stated that Council runs a lot of risk when the Borough gives money to organizations outside of the Borough and that if prior Council members did this that is a separate issue. Vice President Stockton stated that Council needs to resolve this issue in a way that does not use taxpayer money to pay coaches or private organizations. Mayor Guenst noted that the pool needs to be run as a separate entity and if it is run in a way that it generates enough revenue, this problem could be resolved. Vice President Stockton stated that the revenue generated from the pool should be used to improve the pool itself rather than go toward a separate organization.

Councilwoman Benjamin asked if both lifeguards and Swim Coaches were present during practices. Coach Rowland stated that there are three coaches present who are all certified lifeguards. Coach Rowland added that there were never additional guards present outside of the coaches. Manager Hegele stated that the issue is that the third coach present during the practices is not a Borough employee because they are not being paid by the Borough. President Bollendorf asked if the Borough could reduce the requirement to one lifeguard. Manager Hegele stated that it would depend on how many children are present.

Christine Szlachta, 221 E. Mill, stated that if Council is concerned with the ratios of swimmers to guards during practices, the coaches should provide them with a list of how many children are in the pool at a time. She asked why this issue takes place with the swim practices when there are times when there are only two guards in the chair for hundreds of people during the pool’s normal operating hours. President Bollendorf stated that this is something that new pool management is going to address.

Superintendent Sine stated that it is standard practice to have one guard in the chair during meets whose sole purpose is to lifeguard so that the coaches can coach the children. President Bollendorf asked what happens with practices. Ms. Kirn stated that the team has never had a guard in the chair during practices.

President Bollendorf asked if one lifeguard would be enough for practices. Coach Healy stated she has been a swimmer her entire life and that one lifeguard during practices is doable. Councilwoman Benjamin asked if the coaches need to be paid while they are working with the swim team. President Bollendorf stated that the coaches will be paid as lifeguards as to work at practices. Ms. Kirn stated she liked this idea. President Bollendorf asked if the Borough could get the extra $400 to cover the remaining lifeguard salary from Elm Street. Mayor Guenst stated yes. Solicitor Kilkenny stated that the terms discussed will be reviewed by his office and the Borough Manager.

President Bollendorf asked if the Swim Team would like to manage the snack stand to raise money. Ms. Kirn stated that they did not want to manage the snack stand and that the Swim Team sells items during meets to raise money. She added that the team prefers that the snack stand does not stay open during the meets.

– None

BOROUGH MANAGER’S REPORT – Manager Hegele stated that the Borough was notified that the recently submitted PECO grant must be modified. She stated the match was decreased, so there is no action from Council required. She stated that PennDOT wants to restripe York Road from Summit Ave. to James Way. She stated Public Safety met to discuss the issue and receive input. Manager Hegele stated that the pool manager is looking into new pool umbrellas for this season.

PUBLIC WORKS REPORT – Superintendent Sine stated that Public Works $262,358.75 for the purchase of a new 25 yard rear-loading recycling truck. He stated that the purchase of 2500 residential recycling bins will also be included with this grant. Superintendent Sine noted that this is a reimbursement grant and that the Borough must pay the entire cost initially and will later be reimbursed for 90% of the costs. He will be making note of this during the Capital Budget meeting.

POLICE DEPARTMENT REPORT – Chief Gardner stated that the Police Department will be participating in the National Drug Take Back Day on April 28. He stated that the department normally collects 30-40 pounds of prescription medication during these events and that the Department also has a permanent collection box in their lobby.

Chief Gardner stated that his officers have been working on Active Assault training throughout the Borough and have held classes for various community organizations and Borough Staff.

Chief Gardner announced that his daughter Holly Gardner created a poster for drug awareness and that her design will be posted on billboards and SEPTA buses in the County.

ENGINEER’S REPORT – Engineer Hanna stated that he met with Superintendent Sine to determine possible locations for the 2018 Road Paving Program that will be made using Liquid Fuels money. He stated that the 2017 CDBG Bid documents will be going to bid soon and should be underway in the summer. Engineer Hanna stated that the 2018 CDBG application is underway and he hopes to submit the application the following week. He stated this project will include improvements near Celano Park.

Councilman Forgeng asked how the roads are chosen for the Paving Program. Engineer Hanna will have to compare last year’s program for an answer.

Councilwoman Anzinger asked is the Notice of Deficiency for the MS4 was submitted. Engineer Hanna stated that he will be meeting with the DEP to clarify some elements of the application.

SOLICITOR’S REPORT – Solicitor Kilkenny introduced Rebecca Geiser who will be replacing Solicitor Ciuca. He stated that his firm has been working on the Human Relations Ordinance, Parking Ordinance, and litigation matters.

– Councilman Forgeng stated Council is in receipt of the Enterprise Fire Company Expenditure list in the amount of $14,796.40. This item was moved to the April 23, 2018 voting meeting.

POLICE ACREDITATION – Councilman Forgeng stated that the accreditation process is pricey, but will greatly benefit the town. Chief Gardner stated that the main costs of the accreditation process is to hire an accreditation manager. Chief Gardner stated that he has been recommended a great candidate and has provided an agreement in the amount of $25,000 for Council’s consideration. He stated that the recent police station upgrades make this the perfect time to complete the accreditation process. This item was moved to the April 23, 2018 voting meeting.

NORTH PENN STREET AND VICINITY PARKING – Councilman Forgeng stated that this issue was discussed in depth earlier. This item was moved to the April 23, 2018 voting meeting.

– Councilman Rich stated that Council is in receipt of the CDBG Application Submission Resolution 18-08. This item was moved to the April 23, 2018 voting meeting.

– Vice President Stockton announced that the Borough will be consolidating its Facebook pages and will only be using the main Borough of Hatboro as of June 1, 2018. Vice President Stockton reminded residents that they should be careful about what they read on social media as not all of it is true.

Councilwoman Benjamin stated that the Borough could look into issuing an official statement to direct residents to the website or Borough Hall. Vice President Stockton stated that in these cases, not commenting whatsoever is the better option. Councilwoman Anzinger noted that the problems that took place on social media with regard to the parking issue on Penn Street quickly go out of hand due to misinformation. Vice President Stockton stated that the Borough should not seek misinformation and that it is not the Borough’s job to monitor social media sites for incorrect information if they are not an official Borough account.

– Superintendent Sine stated that he researched some possible pool improvements to increase the pool’s attractiveness. He stated that these improvements will include a pavilion, picnic tables, grills, concrete pads, new fencing by the gates, and storage lockers. Superintendent Sine stated that some of these improvements might not be ready for opening day, but that Public Works will work as hard as possible to make the improvements during this season.

President Bollendorf stated that storage lockers would be placed next to the snack stand and will be rented for the season so members can keep their chairs and accessories at the pool. He added that there will not be any smoking in the pool going forward as well.

Mr. Hall asked if the Borough was going to extend parking for the pool. Chief Gardner stated that parking is at a premium at the pool and that sometimes it is a problem. President Bollendorf stated this is something Council can look into next year. President Bollendorf added that the newly reinstated Bike Patrol will also be utilized to visit the pool and various parks this summer. This item was moved to the April 23, 2018 voting meeting.

CAPITAL PURCHASE OF JOHN DEERE MOWER – Superintendent Sine stated he would like to purchase a new John Deere Zero-Turn Radius Lawn Mower in the amount of $10,083.68. Superintendent Sine stated that the Borough is currently using 1995 and 1997 Kubota tractors and that a new mower would be a great addition.

Councilwoman Anzinger asked if the older tractors could be listed on Municibid. Superintendent Sine stated yes, they could be listed once retired. This item was moved to the April 23, 2018 voting meeting.

2018 ROAD PAVING & SEALING PROGRAM – Councilman Hegele stated that the 2018 road paving program will include milling/paving work on Madison Ave., Loller Road, Rorer Ave, Lincoln Ave., S. Chester Ave., Summit Ave., and Drexel Ave. Superintendent Sine stated there is only $150,000 allocated for this year, so all of these roads may not be included. He stated that Engineer Hanna will assess the roads and determine the best way to allocate the funds. Superintendent Sine also stated that $45,000 will be allocated to Micro Resurfacing and $5,000 will be used to test a crack sealing machine.

Councilman Hegele asked if any of these roads are in poor condition to the point that they are a top priority. Superintendent Sine stated that Madison Ave. is one of the notable streets. Superintendent Sine stated that curb work and handicap ramps will also need to be reconstructed along with these improvements as well. This item was moved to the April 23, 2018 voting meeting.

2018 CHAMBER OF COMMERCE BANNER REQUEST APPROVAL – Manager Hegele stated Council is in receipt of a list of requested banners from the Chamber of Commerce. She stated that the Chamber agreed to pay the banner fees; however, they are waiting for approval from PennDOT. This item was moved to the April 23, 2018 voting meeting.

PUBLIC WORKS IMPROVEMENTS – Manager Hegele stated that the Borough wants to make improvements to the Public Works Bathroom and the addition of showers. Councilman Hegele noted that these improvements are much needed.

YORK ROAD TRAFFIC IMPROVEMENTS – Chief Gardner stated that PennDOT submitted a proposal for a lane dieting project ranging from James Way to Summit Ave. He stated that this would help with traffic control; however, it might cause traffic to back up during rush hours. He noted that this should be explored more thoroughly before voted on. Manager Hegele stated that the County is also looking at this issue.

ENVIRONMENTAL AFFAIRSManager Hegele stated that she will submit a letter for the Treevitalize grant on May 1. She stated she is working on the DVRCP grant as well.

Superintendent Sine stated that one of the Public Works employees has also been certified for Lanternfly control.

– Manager Hegele stated that she made changes to the York Road parking ordinance based on suggestions from Montgomery County and the Solicitor. This item was moved to the voting meeting at the end of the agenda.

CHAMBER OF COMMERCE PRESENTATION – Tim Schultz from the Chamber of Commerce gave a presentation on the Chamber’s Hatboro Summer Nights which take place the first and third Fridays of each month and will include the Farmers Market and Cruise Night.

He stated that he is also on the Borough’s Historical Commission and that they are overseeing the Crooked Billet Monument preservation.

President Bollendorf stated that Second Alarmers and the Police Department will be providing a bike medic and a bike patrol to Summer Night events this summer. This item was tabled until approval from PennDOT is received.

UPCOMING COMMUNITY EVENTS – Councilwoman Anzinger stated the events submitted to Council are on the Borough Website for residents to view and include the Spring Cleanup event on April 21st.

– Vice President Stockton stated he, President Bollendorf, Mayor Guenst, and Manager Hegele attended the Authority Meeting. He noted they were presented with a letter requesting funding for projects and upgrades; however, the Authority did not feel comfortable voting without two members present. He also stated they were able to clear up confusion regarding a repayment schedule for a loan taken from the Authority.

HUMAN RELATIONS ORDINANCE – Vice President Stockton stated this issue was discussed earlier in the night. This item was moved to the April 23, 2018 voting meeting.

2018 MEMORIAL POOL FEES – RESOLUTION 18-09 – Vice President Stockton stated pool fees will be increasing about $5.00 to $10.00 in different categories. This item was moved to the April 23, 2018 voting meeting.

STATION PARK LINE OF CREDIT RELEASE NO. 4 –Vice President Stockton stated that Council is in receipt of the Station Park Line of Credit Release No. 4 in the amount of $333,577.50. This item was moved to the April 23, 2018 voting meeting.

CHALLENGER LEAGUE FUNDRAISER EVENT REQUEST  – President Bollendorf stated that the organizer of the event has obtained insurance and is requesting a waiver to raise money for the Challenger Baseball League. This item was moved to the voting meeting at the end of the agenda.

HATBORO STORM SWIM TEAM EVENT REQUESTS – Vice President Stockton stated that these events were discussed earlier in the meeting. This item was moved to the April 23, 2018 voting meeting.

PENNYPACK SCHOOL PEDESTRIAN BRIDGE REPLACEMENT PROJECT – Engineer Walsh stated that the Borough and the school district will split the costs of this project. This item was moved to the April 23, 2018 voting meeting.

LANCASTER AVENUE SIDEWALK WAIVER REQUEST – This item was tabled until Council receives the estimate from Mr. Case.

MONTGOMERY COUNTY PLANNING COMMISSION CONTRACT ADDENDUM – Councilman Rich asked how this addendum would affect the Borough’s payments for the contract. Manager Hegele stated that this addendum only includes an non-discrimination clause. This item was moved to the April 23, 2018 voting meeting.

REVISED ROLLING ACRES ASSESSMENT APPEAL SETTLEMENT STIPULATION – Councilman Rich stated that this assessment was previously approved; however, there was a change in the amount of the appeal. This item was moved to the April 23, 2018 voting meeting.

MEETING DATE ANNOUNCEMENTS – Councilman Rich stated that the next Wawa Zoning Hearing Board Meetings will be taking place on April 30th and May 2nd in Borough Hall at 7 PM.


ADJOURNMENTPresident Bollendorf adjourned the meeting to order at 10:45 PM


CALL TO ORDERPresident Bollendorf called the meeting to order at 10:45 PM


MONTGOMERY COUNTY PLANNING COMMISSION CONTRACT ADDENDUM – Vice President Stockton motioned to approve the Montgomery County Planning Commission Contract Addendum. Motion was seconded by Councilman Hegele, all ayes. Motion carried 7-0

CDBG APPLICATION SUBMISSION RESOLUTION 18-08 – Councilman Rich motioned to approve the CDBG Application Submission Resolution 18-08. Motion Seconded by Councilwoman Anzinger, all ayes. Motion carried 7-0.

CHALLENGER LEAGUE EVENT REQUEST WAIVER – Vice President Stockton motioned to approve the event request fee waiver for the Challenger Fundraiser. Motion seconded by Councilwoman Benjamin, all ayes. Motion carried 7-0.

YORK ROAD PARKING ORDINANCE – Councilwoman Anzinger motioned to authorize staff to advertise and move forward with the York Road Parking Ordinance. Motion was seconded by Vice President Stockton, all ayes. Motion carried 7-0.


The April 9th, 2018 Committee Meeting of Borough Council was adjourned at 10:47 PM

Respectfully submitted,
Deena DeRenzis
Assistant Borough Secretary

Transcribed by Assistant Borough Secretary DeRenzis