PUBLIC HEARING: 21-23 & 37 N. YORK ROAD ZONING CHANGE

CALL TO ORDER – President Bollendorf called the March 27, 2023, Public Hearing to order at 7:00 P.M. Notes of testimony were transcribed by Paula Meszaros and are attached to the Meeting Minutes.

COUNCIL MEETING AGENDA

PRESENT – President Bollendorf, Vice President Stockton, Councilwoman McMenamin, Councilwomen Shay, Councilman Myers, Councilwoman Jacobus, Mayor Schultz, Manager Hegele, Assistant Secretary DeRenzis, Chief Gardner, Deputy Chief Ruegg, Solicitor Geiser, Engineer Goff, Fire Company President Ide, and Board Member O’Neill were present.

ABSENT – Councilwoman Reichner, Councilwoman Shay, Assistant Secretary DeRenzis, and Fire Marshal Dermer were excused.

CALL TO ORDER – President Bollendorf called the March 27, 2023, Council Meeting to order at 7:05 P.M.

INVOCATION – Mayor Schultz gave the Invocation.

PLEDGE OF ALLEGIANCE – Chief Gardner led the Pledge of Allegiance.

MEETING NOTES – President Bollendorf read the Public Comment policy on the back of the agenda regarding addressing Council and time allotment.

PUBLIC COMMENT – VOTING ITEMS ONLY – Amy Haigler, 560 N. York Road, asked several questions regarding the bridge and not letting cars from Upper Moreland on it, questioned all of the proposed riparian buffer work that was to be voted on this evening, if we had the proper amount of parking for events, and stated she didn’t think a meadow was appropriate on the Pennypack 7 lots in case they wanted to build on it in the future. Councilman Myers stated that this was only the first round of funding and there are other projects they can look at for a future round and one of the main reasons for acquiring Pennypack was stormwater management. President Bollendorf stated the purpose of acquiring Pennypack was so the 7 lots would never be built on and Pennypack is to be added to the parks because as of now, there are no rules until they add to the Parks in the park ordinance. Councilman Myers stated that the Pennypack steering committee is a several year process but when grant opportunities come up they have to take them especially ones with no or very low match grants because they did tell the residents they were going to prioritize stormwater. He stated they are also still working on the presentation with the survey results.

Gary Hentschel, 138 Spring Avenue, stated he would like to know what is going on regarding the presentation and President Bollendorf stated we will address with the Public Comment after voting this evening.

MAYOR’S REPORT – Mayor Schultz thanked the Chief and the Police Department for how they handled the incident last week with regard to the barricaded individual at 2 N. York Road. Mayor Schultz announced the upcoming events for April and for more information regarding events, please download our App.

OFFICER’S REPORTS –
PRESIDENT’S REPORT – President Bollendorf thanked the businesses for their support with sponsorships and in-kind donations for all our events and encouraged everyone to shop locally to thank them for their support because we could not have these events without them. President Bollendorf stated now that the weather is nicer, and everyone will be doing spring cleanouts to please follow the rules/ in regard to disposing of hazardous items.

TREASURER’S REPORT – Treasurer Smith stated the balance in all accounts for the period ending February 2023 is $ 2,290,173.24 with interest earned in the amount of $ 2,022.44.

SOLICITOR’S REPORT – Solicitor Geiser stated she has been working on amendments to ordinances.
Solicitor Geiser stated she reviewed the contract for the electronics recycling. Solicitor Geiser stated she prepped for tonight’s hearing. Solicitor Geiser stated she reviewed the items that are coming before the Planning Commission with staff and Planner Kennedy. E

ENGINEER’S REPORT – Engineer Goff stated RVE has been working on the DCNR application for the Memorial Park Pool Complex feasibility study. Engineer Goff stated comments for the Streambank from DEP were addressed and resubmitted regarding the Memorial Park Streambank. Engineer Goff stated she has been working with staff on the Meadowbrook Flasher project. Engineer Goff stated the bid packages are ready for the York, Summit, and Williams Lane flasher projects and waiting for the Meadowbrook one to put the bids out all at once. Engineer Goff stated they received comments back for DEP for Miller Meadow and after they are done addressing the comments they will resubmit.

MANAGER’S REPORT – Manager Hegele stated the Planning Commission met in March to discuss the Conditional Use and Land Development Application for the former CVS property and the applicant has indicated that they would like to revise their plan and return to the PC, at this time we do not know when this will occur but want everyone to watch our website and Facebook pages for meeting information. If we do not get anything soon, it appears they will not be in front of the PC in April on the 11th but perhaps the May meeting which is May 9th. Manager Hegele stated the zoning sub-committee continues to meet, this month they will be discussing standards for uses, dimensions and parking in Community Mixed Use areas. Manager Hegele stated the Borough has distributed a list of April Events. It is going to be a busy month. The complete list can be found in the lobby, copies at the table, on our Facebook page, website and on the My Hatboro App. Mark your calendars, it is going to be a busy month. Manager Hegele stated Letters were hand delivered to residents around the Warminster Road Bridge, just a reminder that the road closes on April 3rd. Manager Hegele stated there have been some concerns raised about the issue of lighting at the PP property and that when we first acquired this property it was in the summer and daylight savings time was in effect, it remained lighter longer and parking lot lights were not on. In the winter when it got darker earlier, Borough PW staff noticed the lack of parking lot lights and a decision was made to use portable lights for meetings and events. This is for the safety of everyone. After working with the district and our staff regarding the best solution a decision was made to apply for a new PECO TAP connection to install more lights. I want to be very clear; this is something that the staff have been working on for several months and are waiting for PECO to approve the connection and do the installation. This has been a long process and has always remained a top priority to get done. The council has been aware of what staff have been working on to rectify this issue as well as committing the funding for the lights. The portable lights do not cost the Borough a lot of money to use. We have responded to a few calls about the portable lights and have tried to be the best neighbors by adjusting and being accommodating. The Borough will continue to work with our representative from PECO and will share information as we have it to share. She also stated the Borough will be issuing a press release concerning an update on the ADA playground. I can read the release now for everyone. The release will be posted to our website and Facebook page.

STAFF REPORTS –
POLICE – Chief Gardner thanked officers for their help last week with the situation with the barricaded individual. Chief Gardner stated the E Bike Patrol class will be April 15th at the Pennypack Facility and the officers will be e bike certified. Chief Gardner stated thoughts and prayers go out to those involved in the school shooting in Tennessee. Deputy Chief Ruegg stated the HPD is part of the Eastern Montgomery County Traffic Enforcement Task Force and from March 18th until April 25th there is an aggressive and distracted driving enforcement detail which is fully reimbursable and will start in the next week after the Warminster Bridge closes.

TAX COLLECTIONS – The tax collectors’ report was electronically submitted.

PUBLIC WORKS AND PARKS/ FACILITIES – Manager Hegele stated PW Staff continues to work on the new locker room and kitchen at the PW Facility and have been doing some tree maintenance in parks to get ready for Spring. Manager Hegele stated that beginning next week, there will be more of a presence at the pool as PW begins to uncover the pool and get ready for the 2023 season. Memberships go on sale beginning 4/18. She also stated PW will also begin working on painting stripes in the crosswalks around town and this typically occurs while many of us are sleeping, if you see fresh paint and cones, this is why.
Manager Hegele stated sweeping has resumed around the Borough and nicer weather typically means more trash and yard waste. Just a reminder, if the trash truck or yard waste truck is not out front of your house the normal time you typically have seen them, it is because when it gets nice, people are cleaning up and cleaning out so there are more stops and more trash. We remind people who call to check on the trashmen, if they are not at your house by the afternoon, then give us a call. \

DOWNTOWN DEVELOPMENT – Cindy Bollendorf stated T MOBILE GRANT UPDATE – Waiting for an update from the vendor regarding delivery so we can coordinate installation. Planning on a Mid may ribbon/cutting dedication and will have a more definite update next month. VACANTS – 133 Byberry – Mr. Wish – Business Owner stated they are hoping for an end of April grand opening. We will keep everyone updated via social media pages. 340 S. York Road – Nu Life Cleaners is closing, and Friday 3/31 is their last
day of operation. We thank them for their services to our community and for making Hatboro their home for the past 18 years. Will be added to the vacancy list and will keep everyone updated regarding any other potential new businesses. MARCH 29TH – MOM AND POP BUSINESS OWNERS DAY – We encourage everyone to shop locally as much as they possibly can on any day, but Wednesday is Mom and Pop Business Owners Day so if able, stop in your favorite shop this Wednesday. Cindy Bollendorf also stated that Bindy is looking forward to celebrating earth day with everyone.

FIRE MARSHAL – Cindy Bollendorf stated for the month of February 2023 Fire Marshal Dermer completed 2 Business inspections, 9 Business re-inspections, 50 Rental inspections, 8 Rental re-inspections, 4 U&O’s, 3 U&O re-inspections, followed up on 37 Property maintenance issues, and installed smoke detectors for a resident. Cindy Bollendorf also stated with the time change Fire Marshal Dermer would remind residents to please check your smoke detectors and replace batteries and with the nicer weather coming he would like to remind residents to make sure when grilling the grill is away from the house and not on a deck.

FIRE COMPANY – President Ide stated the Fire Company responded to 29 calls. President Ide stated the Fire Company was on standby during the incident last week with the barricaded individual as well as the Fire Police. President Ide stated the Fire Company will be attending the Earth Day event and cooking hot dogs for those in attendance.

UNION LIBRARY REPORT – Board Member O’Neill stated there are 11 hot spots available for check out.
Board Member O’Neill stated they appreciate the new staff lockers that were donated by the Borough and the mechanical room has been cleaned out and reorganized to meet fire code requirements. Board Member O’Neill stated they have a total of 5 new volunteers since January 2023 and the historic safe has been opened to reveal historical artifacts and would like to put them on display at the History Fair in April.
Board Member O’Neill stated their Valley Forge History Program was successful as they had about 40 people attend and are adding another one in May. Board Member O’Neill stated Watercolor workshop on Saturday mornings has been successful and a second class was added. She also stated you can join Yoga Wednesdays at 6:30 PM with a 4% fee. She also stated that Storytime is with Mr. Jim on Tuesday and Friday mornings. She also stated the writers meet up is the third Saturday of each month. She stated they will be holding a Medicare 101 information session and it is free. She stated the library will be participating in the Easter stroll. The library is implementing Where in the Library is Tommy Turtle for the month of April. She also stated they will be participating in the Earth Day event and will be hosting a Genealogy Workshop from 10:30 AM until noon.

ORDER OF BUSINESS AND VOTING ITEMS

ACKNOWLEDGE RECEIPT OF REPORTS – Councilwoman McMenamin made a motion to acknowledge the receipt of UMHJSA Minutes, EAC Minutes, Public works, Fire Marshal, Tax Collector, and Treasurer’s Reports. Motion was seconded by Councilwoman Jacobus, all ayes. Motion carried 5-0.

APPROVAL OF WARRANT LIST, PAYMENT OF BILLS, MANUAL CHECKS AND TRANSFERS – Councilwoman Jacobus made a motion to approve Warrant List, Payment of Bills, Manual Checks, and transfers for the month of March 2023. Motion was seconded by Councilman Myers, all ayes, Motion carried 5-0.

FEBRUARY 27, 2023, COUNCIL MEETING MINUTES – Councilman Myers made a motion to approve the February 27, 2023, Council Meeting Minutes. Motion weas seconded by Councilwoman Jacobus, all ayes. Motion carried 5-0.

MARCH 13, 2023, COMMITTEE MEETING MINUTES – Councilwoman Jacobus made a motion to approve the March 13, 2023, Committee Meeting Minutes. Motion was seconded by Councilman Myers and Councilwoman McMenamin abstained as she was not present for the meeting. Motion carried 4-0 with 1 abstention.

ENTERPRISE FIRE COMPANY EXPENDITURE LIST – Councilwoman Jacobus made a motion to approve the Enterprise Fire Company Expenditure List for the month of February 2023 in the amount of $ 9,127.14. Motion was seconded by Councilwoman McMenamin, all ayes. Motion carried 5-0.

FIRE HOUSE GRANT EXTENSION – Councilwoman Jacobus made a motion to authorize the extension request for the Enterprise Fire Company Improvement Grant. This extension request will allow the grant consultant with adequate time to prepare the final submission to the Commonwealth. Motion was seconded by Councilman Myers, all ayes. Motion carried 5-0.

HATBORO STATION TRAIL PROJECT PAYMENT #3 – Vice President Stockton made a motion to approve payment #3 for the Hatboro Station Trail Project to Lenni Electric in the amount of $ 56,914.30. Motion was seconded by Councilwoman McMenamin, all ayes. Motion carried 5-0.

HUD APPROPRIATIONS GRANT APPLICATION – Councilwoman Jacobus made a motion to ratify the HUD Appropriations Application for the HVAC improvement and Kitchen Upgrade project at the Pennypack Facility. This funding opportunity was no match and needed to be submitted prior to March 15th. Motion was seconded by Vice President Stockton, all ayes. Motion carried 5-0.

DCNR GRANT APPLICATION – Councilwoman McMenamin made a motion to approve the application to the DCNR Recreation and Conservation Planning Grant Program for a Pool Feasibility project. The match requirement for this grant is 50% which totals $25,000.00. Motion was seconded by Councilman Myers, all ayes. Motion was seconded by Councilman Myers, all ayes. Motion carried 5-0.

BOROUGH HALL MECHANICAL CHANGE ORDER #3 – Councilman Myers made a motion to approve Mechanical Change Order # 3 for the Borough Hall HVAC Project resulting in a contract reduction of $ 18,429.00. Motion was seconded by Vice President Stockton, all ayes. Motion carried 5-0.

BOROUGH HALL MECHANICAL PAYMENT #15 – Councilwoman McMenamin made a motion to approve payment #15 for the Borough Hall Mechanical Contract to Guy M. Cooper in the amount of $ 14,324.66. Motion was seconded by Vice President Stockton, all ayes. Motion carried 5-0.

BOROUGH HALL FIRE SUPPRESSION CHANGE ORDER #2 – Councilwoman Jacobus made a motion to approve Fire Suppression Change Order #2 for the Borough Hall Project resulting in a contract reduction of $ 13,193.79. Motion was seconded by Councilman Myers, all ayes. Motion carried 5-0.

BOROUGH HALL ELECTRICAL CHANGE ORDER #4– Councilwoman Jacobus made a motion to approve Electrical change Order #4 for the Borough Hall Project resulting in a contract reduction of $ 39.47. Motion was seconded by Councilman Myers, all ayes, Motion carried 5-0.

WAWA FINANCIAL SECURITY RELEASE #2 – Vice President Stockton made a motion to approve Financial Security Release #2 for the Wawa Project in the amount of $ 454,463.00. Motion was seconded by Councilwoman McMenamin, all ayes. Motion carried 5-0.

2023 BANNER SCHEDULE – Councilwoman Jacobus made a motion to approve the 2023 banner Schedule for the Borough of hatboro. Motion was seconded by Councilwoman McMenamin, all ayes. Motion carried 5-0.

8-1-1 SAFE DIGGING MONTH – Councilman Myers made a motion to approve Resolution 2023-28, celebrating safe digging month in the Commonwealth of Pennsylvania. Motion was seconded by Councilwoman Jacobus, all ayes, Motion carried 5-0.

ELECTRONICS RECYCLING CONTRACT – Councilwoman McMenamin made a motion to approve the updated Electronics Recycling Contract between the Borough of Hatboro and eCovanta. Motion was seconded by Councilwoman Jacobus, all ayes. Motion carried 5-0.

APPOINTMENT OF EAC CHAIR – Councilwoman McMenamin made a motion to appoint Judy Swanson as Chair of the EAC. Motion was seconded by Vice President Stockton, all ayes. Motion carried 5-0.

PARKS RULES ORDINANCE UPDATE – Councilwoman Jacobus made a motion to authorize staff and Solicitor Geiser to begin drafting an amendment to the Parks Rules Ordinance, adding Pennypack property as an official park of the Borough. Motion was seconded by Councilman Myers, all ayes. Motion carried 5-0.

DCNR LAWN TO MEADOW INITIATIVE – Councilman Myers made a motion authorize participation in the DCNR lawn to Meadow initiative. The first round of projects shall include: 0.53-acre riparian buffer repair at the Little League Facility, 1.21-acre riparian buffer repair at the Pennypack Facility, 0.68-acre meadow installation at the Pennypack Facility, 0.6-acre riparian buffer repair at the Pennypack Facility, and a 0.51-
acre riparian buffer repair at Eaton Park. Motion was seconded by Voice President Stockton, all ayes. Motion carried 5-0. Councilwoman McMenamin asked Councilman Myers to explain for those who were not present at the previous meeting this was discussed. Councilman Myers stated this is part of DCNR Lawn to Meadow initiative where there are tying to convert 10,000 acres in PA from Lawn to Meadow. A representative from DCNR was able to come out and look at our parks and that is where the average amounts came from in specific parks. He stated there is a second round of funding and we can see what we are eligible for when the time comes.

OLD BUSINESS AND UPDATES – There was no old business or updates.

NEW BUSINESS
POLICE CONDITIONAL HIRE OFFER – Councilwoman McMenamin made a motion to make a conditional offer of employment for the position of Police Officer with the Borough of Hatboro. Motion was seconded by Councilwoman Jacobus, all ayes. Motion carried 5-0.

UNION LIBRARY EXPENDITURE LIST – Councilwoman Jacobus made a motion to approve the Union Library Expenditure List for the months of January through March 2023 in the amount of $ 53,881.00. Motion was seconded by Councilman Myers, all ayes. Motion carried 5-0.

UNION LIBRARY BOOK SALE SPECIAL EVENT REQUEST – Councilwoman Jacobus made a motion to approve the Special Event Request submitted by the Union Library of Hatboro for the annual book sale taking place Saturday, May 13, 2023 from 9 A.M until 2 P.M. Motion was seconded by Councilwoman McMenamin, all ayes. Motion carried 5-0.

WEST MORELAND AVENUE BRIDGE PROJECT RESOLUTION – Councilwoman McMenamin made a motion to approve Resolution 2023-29, authorizing manager Hegele to sign any and all documentation pertaining to the West Moreland Avenue Bridge Project. Motion was seconded by Councilwoman Jacobus, all ayes. Motion carried 5-0.

Ron Battis, 320 W. Moreland Avenue, asked about the easement and Solicitor Geiser stated the Borough is being compensated for temporary use of the easement.

PUBLIC COMMENT –
Ron Battis, 320 W. Moreland Avenue, asked the Chief about the detour for the Warminster Road Bridge project and asked if the Borough has any legal rights if the trucks do not follow the detour route. Chief Gardner said he does not think so as they are warning signs and regulatory signs and hopes they follow the signs and that existing no truck signs are enforceable. Mr. Battis asked who was inspecting the Wawa site and Engineer Goff stated they have a construction observer who wears a hard hat and vest and he’s been there just not full time. Mr. Battis asked who the new librarian is and Manager Hegele stated her name is Christine Law. Mr. Battis asked what the Fire Company is doing with their money and President Ide stated this year they needed new air packs and that they do have a fund for these types of purchases which can be expensive, and the money comes from the Capital. Gary Hentschel, 138 Spring Avenue, asked what was going on with the Pennypack Steering Committee and the presentation they were going to give. Councilman Myers stated they were waiting for the survey results and did not get enough response ( a little over 300 responses) to turn into a presentation so they have asked the county for help and are waiting. Mr. Hentschel thought the survey was skewed with a lot about the soccer association which he is not opposed to as he loves soccer but felt everything listed was school-related activities and feels it needs to be redone to add more suggestions. Councilman Myers stated the Committee is meeting tomorrow and his comments will be taken back, and Manager Hegele stated if there were specific things he would like to see, she encouraged him to let Councilman Myers know so he can bring it to the Committee. Ron Battis, 320 W. Moreland Avenue, asked for the status of the Pool Slide and President Bollendorf stated that the Engineer looked at the slide and repairs will be made which will give us another couple of years.

Thomas Gormley, property owner at 519 Wilson Road (519 Continental), stated he rents the property and pays the same amount of taxes as everyone else and wants to know why he received an $860.00 trash bill, and he thinks it is unfair, unconstitutional, and a violation of the 14th amendment. President Bollendorf stated there is a fee schedule for rental properties regarding trash and it doesn’t not go by how much or how little the amount of trash you place to the curb. President Bollendorf stated he can come to the budget meeting and state his concerns and that the ordinance would have to be changed for him to get a private hauler and it is something they can look into. Mr. Gormley stated that he has already contacted a lawyer for what would be a class action lawsuit against the Borough. Vice President Stockton stated that he understands his frustration and several presentations have been given regarding trash and the quickly rising rates and rental properties are structured differently in the fee schedule. Mr. Gormley stated he rents to his friends where he charges them very little and pays utilities and that the trash bill is too high in addition to everything else and he can’t raise their rent. Vice President Stockton stated that he can look at it during the budget season and that his point is valid because it is a rental he pays more to have trash removed. Mr. Gormley stated he will have to hire a lawyer and that the Borough is discriminating against him Vice President Stockton stated he needed to end the conversation.

ADJOURNMENT – Councilwoman Jacobus made amotion to adjourn the March 27, 2023 Council Meeting. Motion was seconded by Vice President Stockton, all ayes. Motion carried 5-0. President Bollendorf adjourned the March 27, 2023, Council Meeting at 8:23 P.M.

Respectfully submitted by:

Diane C. Hegele, Borough Manager/Zoning Officer
Transcribed by Cindy Bollendorf