May 20, 2019 Council Meeting Minutes

President Bollendorf, Vice President Stockton, Councilwoman Benjamin, Councilwoman Anzinger, Councilman Hegele, Councilman Forgeng, Councilman Rich, Mayor Guenst, Manager Hegele, Assistant Secretary DeRenzis, Superintendent Sine, Chief Gardner, Fire Company President Mount, Engineer Goff, Solicitor Kilkenny, and Solicitor Grieser were present.

ABSENT – Fire Marshal Myers and Treasurer Zollers were absent.

CALL TO ORDER – President Bollendorf called the May 20, 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.

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

Chief Gardner thanked Mayor Guenst, Bob Dougherty and everyone at the University of Pennsylvania, PennVET, PennVET’s foster family, and neighboring police departments who were essential in the establishment of Hatboro’s K-9 program. Chief Gardner stated that the establishment of the K-9 unit would not have been possible without the help of the community and thanked everyone who made a donation. He noted these donations not only helped create the program, but will help sustain it into the future. Chief Gardner also thanked Warrington Police Department for helping with policies and promotional material for fundraising, Elm St. Hatboro, Hatboro Federal, Crooked Eye Brewing, Magerks of Horsham, Mayor Guenst, and Borough Council for their help throughout the process. Lastly, Chief Gardner thanked Officer Ryan Allen who began the preparation for a K-9 Unit years previous and who dedicated so much time and effort into establishing Hatboro’s first K-9 unit. Chief Gardner and Mayor Guenst then presented Officer Ryan Allen with a certificate of recognition for his work in developing the K-9 unit.

Chief Gardner stated Louie will be deployed in a limited capacity over the summer and will then attend patrol training in the fall.

Chief Gardner and Mayor Guenst presened K-9 Louie with his badge, #59. Mayor Guenst stated she couldn’t be prouder of Officer Allen and K-9 Loie’s hard work and determination throughout this process.

PUBLIC COMMENT – Ron Battis, W. Moreland Ave., asked if someone could turn on the lights.

Tim Schultz, Orchard Ave., handed out petitions to Borough Council which contained names and addresses of residents in opposition of the proposed Wawa.

Lou Polanecsky. Spring Ave. stated he is in attendance because of the proposed Wawa appeal. He stated that as a taxpayer looking at the appeal subjectively, it would be a waste to spend good taxpayer money on appealing the Wawa decision any further. He added that from a personal standpoint, he is more worried about Victorian Village than Wawa. He asked why the Borough would waste money if the Court would turn down the Borough’s argument. He stated that the Borough previously saw a similar situation with the construction of the TD Bank at York and Lehman; however, the Borough was able to negotiate a nice looking facade, traffic improvements, etc. He concluded that the Borough should aim for negotiations with Wawa instead of appealing the judge’s decision if that is still possible.

Linda Klauser, Mill Rd., asked if Wawa does come in if they could help resolve the water that accumulates in the area during periods of high rain. President Bollendorf stated this would have to go through the Land Development stage if Wawa gets past the Zoning phase. Linda Klauser asked what tax revenue the Borough would get from Wawa. President Bollendorf stated BPT in the amount of $632.50. Ms. Klauser asked if there were traffic studies performed. President Bollendorf stated yes, they were performed and satisfactory according to the courts. President Bollendorf stated the turn lane on Horsham Road would be widened and there would be a right turn only lane into the Wawa from York Rd. Ms. Klauserasked how much money was spent on the Wawa appeal so far. President Bollendorf stated the Borough has spent $21,470 on the Wawa appeal thus far and the Borough budgeted $70,000 for the appeal for 2019. President Bollendorf stated the Borough has spent a total of $77,252.84 throughout the entire project. Ms. Klauser asked if the Borough could get something from Wawa to benefit the Borough if they are to move in. President Bollendorf stated those suggestions and requirements would come through Land Development. Ms. Klauser asked if any of these details could be included with Zoning. President Bollendorf stated this idea has been discussed. Ms. Klauser asked if there is anyone who would move into the property if Wawa does not. President Bollendorf stated Council does not know that information.

Robert Griffinberg, Horsham Rd., urged Council to appeal the judge’s decision and appeal as far as the Borough can. He stated that the Wawa would affect the residents in the area and traffic would negatively impact the area. He stated the Borough is losing parts of itself and that it needs to preserve every bit of Hatboro that it can.

Kim Doney, Horsham Rd., encouraged Council to appeal the judge’s decision for the Wawa. She stated that the Wawa has hazardous substances that would go in a residential neighborhood next to a water source. She stated that when Wawa would regrade the property, they would affect the flood zone. She stated that Wawa did not look at the area during rush hour and that none of the plans included things outside of what motorists do during rush hour to begin with. She stated that the residential property they want to use will add a huge dumpster, parking spaces, and 24/7 traffic. She noted that this is not a residential use, but a highway business use.

Leslie Jones, Crooked Billet Rd., stated as a taxpayer, she believes the Wawa appeal should be pursued. She stated that Wawa is a gas station no matter what they claim their zoning is. She added that she expects Hatboro’s laws to be vigorously defended by taxpayer money.

Ed Morris, Harding Ave., asked if the Borough would receive payroll taxes from Wawa. President Bollendorf stated the Wawa employees would pay Earned Income Tax. Manager Hegele stated if the workers live in another municipality, they must give a portion of the earned income tax to their town. Manager Hegele added each employee pays an LST tax that stays in the Borough.

MAYOR’S REPORT – Mayor Guenst stated that this past week was Law enforcement week and thanked all of the law enforcement officers for their service. Mayor Guenst stated the Enterprise Carnival starts Tuesday, May 21. Mayor Guenst reminded people to vote on primary election day. Mayor Guenst stated fireworks will be taking place at the carnival on Friday. Mayor Guenst stated Congresswoman Madeline Dean is holding a town hall meeting at Montgomery County Community College on May 29th.

– President Bollendorf congratulated Borough staff and the Borough engineer for obtaining a $200,000 Montgomery County grant for improvements to Miller Meadow. He noted these improvements will include walking trails, a gazebo, and wildlife preservation areas with more phases to follow. He stated that the Borough received the largest grant funding in the county and noted the Borough’s match is around $70,000.
President Bollendorf stated that Community Day at the pool was very successful and that the Borough sold over $10,000 in membership sales on this day.

President Bollendorf stated that he previously asked for emails with names and addresses with regard to the Wawa. He stated he received a lot of emails and noted that Council exists to serve the people of Hatboro. He stated that most of the emails received were in favor or pursuing the appeal; however, the ones he received about not moving on with the appeal were for financial reasons as noted during Public Comment earlier. He stated he received an email from the company that sent out the pro-Wawa postcards which had 700 names on the petition, none of which had full names or addresses.

President Bollendorf stated the Borough received information on imminent domain and why the Borough does not move in and take control of the property itself. President Bollendorf stated Solicitor Kilkenny noted that this method would be extremely lengthy and expensive for the Borough. President Bollendorf stated if the Borough was successful, which is not likely, the Borough would have to pay the highest and best use of the land in order to take control. Mayor Guenst statated the cost of the land would be the profit of wawa times 30 years. President Bollendorf stated the Borough did look into it, but it’s just not possible. President Bollendorf stated his personal opinion is to move on with the appeal. He noted that there will be 6 councilmembers voting as Councilwoman Anzinger submitted an abstention letter.

TREASURER’S REPORT – Treasurer Zollers was absent. Vice President Stockton gave the treasurers report. Vice President Stockton stated through April 2019, the Borough maintained a balance of $4,485,666.71, with a year to date interest in the amount of $3,108.21.

President Bollendorf stated that Treasurer Zollers is moving out of the Borough and as a result the Borough will be conducting interviews to locate a new Treasurer.

SOLICITOR’S REPORT – Solicitor Kilkenny stated his office has been working on Zoning matters including the RAV Collision Zoning Appeal, additional hearings for the 333 N. York Road zoning meetings, revising the rental ordinance to include AirBnbs, and a revised commuter parking ordinance. Mayor Guenst asked how close his offices are to completing the AirBnb ordinance. Solicitor Grieser stated he met with the Fire Marshal and is expecting to have a draft ready for the next meeting. Councilwoman Benjamin asked if they are still looking into Zoning for the medical Marijuana Ordinance. Solicitor Kilkenny stated yes.

ENGINEER’S REPORT – Engineer Goff stated her offices have been working on the preliminary permit plans for the Jacksonville & Montgomery traffic signal. She stated the environmental clearance for the Corinthian Trail project was submitted and approved and RVE has submitted the safety study for review. Engineer Goff stated RVE is compiling the project plans and the DEP application for the Eaton Memorial Streambank Restoration project. Councilwoman Anzinger asked if Engineery Goff knows when the MS4 permit for the creek restoration would be submitted to DEP. Engineer Goff stated it will be submitted within a month or two.

MANAGER’S REPORT – Manager Hegele stated the Planning Commission will be meeting on June 4th to discuss an application for a zoning change at the YMCA property. Manager Hegele stated she met with DVRPC for the Safe Routes to Transit grant and Council can expect a draft plan in late June/Early July. Manger Hegele stated she is continuing to work with the US Census Bureau to update Hatboro Demographics. Manager Hegele stated the Army Corps of Engineers inspection of the Pennypack Creek was delayed and she is working to reschedule for a date in June. Manager Hegele stated Pool Memberships will be on-sale May 22nd in the evening from 5-7 PM. Manager Hegele stated the Bureau of Dog Law Enforcement will be going door to door in Montgomery County and reminded people to obtain dog licenses. Manager Hegele stated that Kindness Day is taking place on May 23rd and that this day will encourage residents of the Commonwealth to be kind throughout the entire day. Manager Hegele stated that May will also be busy with National Public Works Week, National Law Enforcement Week, EMS week, and more.

– Chief Gardner stated Fireworks will be taking place on Friday at 9 PM. He noted that Fulmor Ave. will be closed during the night of the fireworks and residents in the area were notified.

Chief Gardner thanked Crooked Billet/Hallowell Elementary, Pennypack Elementary, and Moreland Towers who wrote letters and cards to the Police Department in honor of Law Enforcement Week.

TAX COLLECTIONS REPORT – Tax Collector Mount read her report for the month of May.

PUBLIC WORKS REPORT – Superintendent Sine stated he attended a PennDOT Preconstruction meeting for the milling and paving of Montgomery Ave./Jacksonville Road. He stated that PennDOT authorized Highway Materials to begin this project immediately; however, they intended to work overnight. Superintendent Sine stated PennDOT established a September 2019 deadline for this project and that he will pass information along as it is available.

Superintendent Sine stated he inspected parks for the Spotted Lanternfly and while he did not see any signs of the insect, he is expecting to see it at some point this season. He noted he and Foreman Young will be attending a seminar hosted by Penn State Extension regarding the Lanternfly in the coming week.

Superintendent Sine state Aqua milled and paved Horsham Road. He stated he is pleased with Aqua’s cooperation in this matter.

Superintendent Sine stated the Borough began taking its yard waste to Upper Moreland’s compost site. He noted that the Borough previously took its yard waste to Abington Township; however, taking it to Upper Moreland is now quicker and cheaper. He thanked Upper Moreland Township, Manager Hegele, and everyone else involved in orchestrating this.

FIRE MARSHAL REPORT – Fire Marshal Myers was absent. His report was submitted electronically.

FIRE COMPANY PRESIDENT REPORT – President Mount reminded everyone that the Carnival will begin the following day and last until Memorial Day.

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

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

– Vice President Stockton motioned to approve the April 22, 2019 Council Meeting Minutes. Motion seconded by Councilman Rich all ayes. Motion carried 7-0.

MAY 6, 2019 COMMITTEE MEETING MINUTES – Councilwoman Anzinger motioned to approve the May 6, 2019 Committee Meeting Minutes. Motioned seconded by Vice President Stockton all ayes. Motion carried 7-0.

FIRE COMPANY EXPENDITURE LIST – Councilman Hegele motioned to approve the Fire Company Expenditure for the month of April 2019 in the amount of $15,838.52. Motion seconded by Councilman Rich, all ayes. Motion carried 7-0.

TAN PAYMENT – Councilman Rich motioned to approve the early payment of the Tax Anticipation Note in the amount of $700,000 plus accrued interest. Motion was seconded by Vice President Stockton, all ayes. Motion carried 7-0.

APPROVAL OF TRANSFERS TO GENERAL CAPITAL FUND – Councilman Rich motioned to transfer $526,979.61 from the General Fund to the General Capital Fund. Motion was seconded by Vice President Stockton, all ayes. Motion carried 7-0.

2019 MICRO SEALING – Councilman Hegele motioned to authorize the micro-resurfacing of Rorer Avenue from York Road to Fulmor Ave, Drexel Rd. from Rorer to Rorer, and Park Ave. from Drexel to Lehman in the amount of $39,327.66. Motion was seconded by Councilwoman Anzinger, all ayes. Motion carried 7-0.

GOOSE REMOVAL IN MEMORIAL PARK – Councilwoman Anzinger motioned to contract The Goose Squad for goose removal services in Memorial Park. Motion was seconded by Councilwoman Benjamin, all ayes. Motion carried 7-0.

Vice President Stockton motioned to approve the YMCA Swim Meet for June 25, 2019. Motion was seconded by Councilwoman Benjamin, all ayes. Motion carried 7-0.

Councilwoman Benjamin motioned to approve the YMCA Swim Meet for July 9, 2019. Motion was seconded by Councilman Hegele, all ayes. Motion carried 7-0.

Councilwoman Benjamin motioned to approve the YMCA Swim Meet for July 16, 2019. Motion was seconded by Councilwoman Anzinger, all ayes. Motion carried 7-0.

Councilwoman Anzinger motioned to approve the camera upgrades to the Memorial Pool in the amount of $6,183.00. Motion was seconded by Councilman Hegele, all ayes. Motion carried 7-0.

Councilman Hegele motioned to approve the camera upgrades to Borough Hall in the amount of $6,997.00. Motion was seconded by Vice President Stockton, all ayes. Motion carried 7-0.

HIRING OR EXPERT WITNESS FOR ZHB – Councilman Rich motioned to hire John Kennedy as an expert witness for the Zoning Hearing Board application submitted by 333 N. York Rd. Motion was seconded by Councilwoman Anzinger, all ayes. Motion carried 7-0.

DESIGNATION OF ALTERNATE FOR ZONING HEARING BOARD – Councilman Rich motioned to designate Christine Giovinazzo by resolution as an alternate member for the Zoning Hearing Board. Motion was seconded by Councilman Hegele, all ayes. Motion carried 7-0.

YORK AND HORSHAM RD. APPEAL (WAWA) – Councilwoman Benjamin motioned to appeal the decision rendered by Judge Eisenberg for the Wawa case. Motion was seconded by Councilman Rich. President Bolllendorf noted Councilwoman Anzinger will be abstaining and called for a role call vote: Councilwoman Benjamin voted aye, Councilman Forgeng voted aye, Councilman Rich voted aye, Vice President Stockton voted aye, Councilman Hegele voted aye and President Bollendorf voted aye. Motion carried 6-0 with Councilwoman Anzinger abstaining.

President Bollendorf noted that the Borough’s argument in the appeal is hinged by the Plumstead case that is ongoing. He stated that if a decision is rendered in the Plumstead case and this decision favors Wawa, the Borough will have to re-evaluate its decision.

SPECIAL UPDATES – There were no special updates.

OLD BUSINESS – There was no old business.

2019 POOL RATIFICATION LIST – Councilwoman Anzinger motioned to approve the 2019 Pool Ratification List. Motion was seconded by Vice President Stockton. Councilwoman Benjamin asked if all of the employees obtained the proper clearances and background checks. Manager Hegele stated yes. A vote was cast, all ayes. Motion carried 7-0.

Ron Battis, W. Moreland Ave., if Council’s salaries will be adjusted because they will only be holding one meeting per month for June/July/August. President Bollendorf stated that the salary is set by Borough Code. Solicitor Kilkenny noted that Council is only required to meet once per month to begin with. Mr. Battis asked if Council will be giving some of that money back to the Borough. Councilwoman Anzinger noted that these summer meetings will be combined meetings and are expected to be lengthier. Mr. Battis asked why the Engineer did not mention the Memorial Park Streambank Restoration Project when both that and the Eaton Park project are fully funded. Mr. Battis stated that soft engineering costs eat up a project budget. He noted he is concerned with the engineering costs of the streambank and Wawa projects. He stated the previous engineering firm was excellent with providing guidelines and knew the Borough’s ordinances. He stated he expects RVE do the same and provide this information to the Planning Commission. President Bollendorf stated based on what RVE has done for the Borough already, he has complete confidence in the engineering firm. Mr. Battis asked is there will be a shovel in the ground for the Eaton Park project in 2019. Engineer Goff stated RVE’s landscape architect advised the restoration begin late winter, so they are expected late February 2020. Councilwoman Anzinger stated there are DEP restrictions and limitations when working with a body of water, so the timeline needs to be carefully determined.

Mr. Battis says it doesn’t matter, the engineering should be done. Mr. Battis stated he is asking why the soft costs take so long. Councilwoman Anzinger asked what soft costs is he referring to. Mr. Battis told Councilwoman Anzinger to say something that makes sense. Mr. Battis stated that the money should be spent in 2019. President Bollendorf stated the grant does not expire. Mr. Battis asked why the Memorial streambank restoration cannot be performed at the same time. President Bollendorf stated they are different projects and Eaton Park is being done first because the grant was obtained first. Councilwoman Anzinger asked if Mr. Battis has worked in environmental work before. Mr. Battis said no. Councilwoman Anzinger stated there are many regulations that need to be followed with the projects and performing the projects the correct way takes time. Mr. Battis asked why both projects cannot be performed at the same time. Councilwoman Anzinger stated both projects can be submitted jointly; however, the start date for the projects would be pushed back. Mr. Battis stated there have been flooding issues in the area for upwards of 50 years. President Bollendorf noted that they are the first Council to do something to help with the flooding because they realize there are problems. Mr. Battis stated they are not working as fast as he would like. President Bollendorf stated Council is proactive with this and he does not believe that RVE is padding the bill and if they were, the Borough would certainly not be using their firm.

Lyn Magaha, president of the Millbrook Society, asked for the status of the improvements to Borough Hall. President Bollendorf stated that Council is waiting on a report for improvements to the HVAC system and the Bell Tower and can expect them in the next month. He stated Council will pass it over to Millbrook through the Historical Commission.

Katrina Nuss asked about the YMCA zoning change. Manager Hegele stated a potential developer wants to change the zoning of R-1 to include active adult communities.

Vice President Stockton reminded everyone to vote on the Library Referendum.

Lynda Klauser asked if Wawa would make the intersection of York and Horsham wider because of the truck traffic. She also asked if cameras would be placed on the corner. Chief Gardner stated there are no cameras there or plans for cameras. He noted there are video detection cameras there to regulate the signal; however, they do not record. Lynda Klauser asked if the turn lane could the moved. Chief Gardner stated improvements would be taken care of during land development.

Vice President Stockton stated that as a part of the proposed plans for Wawa, they have included a wider turn and a softened curb as a result of these issues. Chief Gardner stated he can watch the intersection as a part of directed patrol to look out for people who go over the stop bars in the area.

Ms. Klauser stated there are less lanterns on the Old Mill side of York Road and asked if they could be placed there. Superintendent Sine stated he can look through plans and will see why they were not placed there or missing.

ADJOURNMENT – The May 20, 2019 Council Meeting was adjourned at 8:03 PM.

Respectfully submitted,
Deena DeRenzis
Assistant Borough Secretary

Transcribed by Deena DeRenzis