November 4, 2024 Committee Meeting Minutes

PRESENT – President Bollendorf, Vice President Reichner, Councilwoman Shay, Councilman Myers, Councilwoman Jacobus, Councilwoman Hendrickson, Councilman Hoover, Mayor Schultz, Manager Hegele, Assistant Secretary DeRenzis, Solicitor Geiser, Engineer MacNair, and Treasurer Smith were present.

CALL TO ORDER – President Bollendorf called the November 4, 2024, Committee Meeting to order at 7:00 P.M.

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

INVOCATION – Mayor Schultz led the invocation.

MEETING NOTES –
oPresident Bollendorf reviewed the Public Comment Policy on the back of the agenda with regards to addressing Council and time allotment.

PUBLIC COMMENT – Bill Tompkins, 161 Spring Avenue, stated that regarding the Old Mill Opposition Request he would rather see the chiller and shed than have it placed on the roof. He also stated that their hardship is they are caught between the historic and Floodplain ordinances and the Historic Commission already reviewed the application and could cause issues if it has to go back for review and there are hardships on both ends.

Linda Samost, 18 Horsham Road, stated that they are working to maintain the building and open their business and have conformed followed the requirements/rules. She also stated that they were informed at the September meeting the issue for the chiller was that everything was in the floodway/floodplain on the property except one small element and then she received an email on Friday notifying her about the Borough opposing their application and she would like to move forward to open the application.

resident Bollendorf stated that tonight was a committee meeting and that there was no vote tonight.
Merrie Keller, 110 W. Monument Avenue, asked about the car show and events and how does it work regarding profits and how much it costs the Borough. President Bollendorf stated that it costs the Borough $15,000.00 for the car show and $ 7,500.00 for the parade. He also stated that moving forward the Borough will only be hanging banners and tree lights for the library. Mrs. Keller stated that it was a lot of money for the car show and Councilwoman Jacobus agreed.

Councilwoman Jacobus stated there was a huge budget discussion and should be 50/50 instead of 65/30.
Vice President Reichner stated that she doesn’t want events to go away and maybe we are trying to correct too soon and suggested the Chamber time to adjust their operations.

Merrie Keller, 110 W. Monument Avenue, asked the costs and benefits to the Borough.

Mayor Schultz stated that they do not make a profit from the car show and that the benefit to the Borough is it brings about 40,000 people here.

Councilwoman Jacobus stated that not all businesses benefit as some close, so we need to weigh our options.

Erin McCuen, 22 Harding Avenue, stated that the Chamber is nonprofit, and they are volunteers who give back to the community and that businesses will leave if we do not have a car show.

President Bollendorf stated they need to look at the costs vs. values and want to do the best thing for every event and do not want to cancel them.

Councilman Myers suggested looking at yearly to assess costs.

Gary Blickley, 46 Harding Avenue, stated they should look at the expenses that do not have return and not only events as there are large sums of money being expended such as $11,000.00 to have the mug wort removed from the Meadow and the fireworks.

Kelly A’Harrah, 145 W. Lehman Avenue, asked if Pennypack funds could be used for the car show and President Bollendorf stated that Pennypack funds Pennypack.

NEW BUSINESS
1. Public Safety Committee
•ENTERPRISE FIRE COMPANY EXPENDITURE LIST – Councilwoman Jacobus stated Included in your packet is a copy of the Fire Company Expenditure List for the month of October 2024 in the amount of $ 35,378.43. This item has been moved to the November 18, 2024, Council Meeting Agenda for approval.
Councilwoman Jacobus stated that tomorrow is Election Day and asked for everyone to be safe and kind.

2. Finance/Grants Committee
• DELAWARE VALLEY INSURURANCE RATE STABILIZATION CREDITS – Councilman Myers stated Each year the Borough’s insurance company, Delaware Valley Trusts, offers incentives and credits that can be used to offset the Borough’s annual premiums. The credits available for 2025 are listed below: a. Health Trust: $76,865.00 b. Property and Liability Trust: $42,268.00 c. Workers Compensation Trust: $52,037.00 Traditionally, the Borough utilized 33% of the available credits to offset Borough’s premiums. In 2025, the finance committee would like to utilize 100% of the available credits to offset 2025 insurance premiums. These figures were already incorporated into the draft budget reviewed during the Budget
Workshop. If Council is agreeable to using 100% of the available credits (as listed above), you will need to vote on the percentage authorized at the November 18, 2024, voting meeting.

• PORTNOFF LAW PAST DUE TAX COLLECTION SERVICES – Councilman Myers stated Manager Hegele, and the Finance Committee recently met with a representative from Portnoff Law, a firm that specializes in collecting unpaid taxes. The Borough currently uses Montgomery County for the collection of all unpaid prior year taxes; however, the county’s methods of collection are not as aggressive as the Borough would like. Portnoff utilizes more aggressive forms of collection in order to obtain more efficient payment and resolution of unpaid taxes. Included in your packets is a copy of a draft contract, draft resolution, and a draft ordinance for Council’s review. If council is interested in entering into the agreement with Portnoff, the following will need to be considered at the November 18, 2024, voting meeting: 1. Council will need to approve the contract between the Borough of Hatboro and Portnoff Law. 2 2. Council will need to approve a Resolution notifying the Montgomery County Tax Claim Bureau that Portnoff Law will be collecting unpaid prior year(s) taxes for the Borough. This resolution will then be signed and sent to Montgomery County notifying them of this change. 3. Council will need to approve the advertisement of the draft ordinance appointing Portnoff Law as Solicitor for the purpose of collecting unpaid prior year(s) taxes and adopting the associated fees.

• COMPUTER LEASES – Councilman Myers stated During the Budget Workshop, Council asked staff to revisit the computer leases for the Borough and will need to authorize to direct staff to prepare an update for the leases. This item was moved to the November 18, 2024, Council Meeting Agenda for approval.

• 2025 BUDGET ADOPTION TIMELINE – Councilman Myers stated On October 30, 2024, Council held the 2024 Budget Workshop for the 2025 operating Budget for the Borough. Council will need to review the Budget tonight and vote to adopt the preliminary at the November 18th Council meeting, and if approved, a copy of the preliminary budget will be available for 10-day inspection per the Borough Code beginning on November 19th. The budget will be discussed again at the December 2nd Committee meeting with final adoption, tax rate ordinance and fee schedule at the December 16th Council meeting.

• PRELIMINARY ADOPTION OF THE 2025 OPERATING BUDGET – Councilman Myers stated included in your packet is a memo from Manager Hegele regarding the Preliminary Operating Budget. The preliminary adoption of the 2025 Operating Budget for the Borough of Hatboro will be moved to the November 18, 2024, Council Meeting agenda for consideration.

3. Community Outreach & Events Committee
• UPCOMING EVENTS – Councilman Hover announced the upcoming November events.

• NEW BUSINESSES: Councilman Hoover stated stay tuned for Grand Opening Announcements for Sparta Convenience located at 50 N. York Road and The Greek Korner located at 133 S. York Road and we thank them as well as all of our businesses for choosing Hatboro as their home.

• FRIENDS OF CRESSBROOK UPDATE – Councilman Hoover stated The Friends of Cressbrook did not meet last month and will meet again Wednesday, November 6, 2024.

4. Public Works Committee
• SOLID WASTE ORDINANCE AMENDMENT: Councilwoman Shay stated Included in your packet is a draft of the Solid Waste Ordinance Amendment from Solicitor Geiser. Councilwoman Shay will review the changes this evening and if Council is satisfied with the amendment, you will need to authorize the advertisement of the amended ordinance at the November 18, 2024, voting meeting.

Solicitor Geiser stated the 1991 ordinance was drafted as is and was last updated in 2006 and since it is a lengthy ordinance, it took a little longer to draft the amendment. She stated the following changes were made, dumpster definition, general regulation prohibit burning of trash, opt outs for commercial (4 units), opt out requirements for uniformity (safety, location approval – no impedance of other ordinances, opt outs prior to January each year, penalty edited). President Bollendorf stated that collection will stay the same and every tax bill will have the cost to remove fee including a capital cost of $55.00 for future trash truck purchase.

Bill Tompkins, 161 Spring Avenue, stated that residential trash fees are nondeductible on taxes and is there another way to roll it in. President Bollendorf stated that not many do itemization.
Kathy Burgess, 461 Jacksonville Road, asked if the outside hauler must be a dumpster and will anyone be grandfathered in and Councilwoman Shay stated that they do now want all different cans curbside. Mrs. Burgess stated that she already has cans for 3 years and Councilman Myers stated they can look into grandfathering.

Gary Blickley, 46 Harding Avenue, asked if the milage was going down and President Bollendorf stated no, but the trash fee will be added.

Bob Wipplinger, 17 S. York Road, stated that there isn’t much room for dumpsters and would he be able to use totes and Councilwoman Shay stated some of the businesses could come together and possibly share it Jaclyn Wipplinger, 17 S. York Road, stated that the ordinance still seems vague and not detailed and asked for specifics regarding annual fees and opting out. President Bollendorf stated that family members do not apply, fees are only for those who do not opt out.

Kelly A’Harrah, 145 W. Lehman Avenue, stated that the newspaper collection is outdated.

• ROAD RESTORATION ORDINANCE – Councilwoman Shay stated Over the past couple years, utility companies have been replacing and/or repairing significant amounts of underground equipment which results in them opening the roads. Residents have raised concerns that they do not repair the road to its original state. Council previously authorized Solicitor Geiser and Borough Staff to work on an amendment to the Borough’s Road Restoration Ordinance which will help make utility companies more responsible for repairs to roads they dig up. Since this has not been placed on an agenda for a few months, and since the Borough now has a new engineer, staff is placing this item back before Council so staff can revisit the proposed ordinance with Engineer MacNair. This item has been moved to the November 18, 2024, Council Meeting Agenda for consideration.

5. Environmental Affairs & Parks Committee
• 2025 POOL SNACK STAND RFP: Councilwoman Hendrickson stated the bidding period for the Snack Stand RFP will be concluding on November 15, 2024. Once the bidding period is over, Borough Staff will send copies of any proposals received to Borough Council for review and consideration at the November 18, 2024, voting meeting.

• EV CHARGER ORDINANANCE – Councilwoman Hendrickson stated The Building Code Official recently noticed that the Borough of Hatboro does not have an ordinance that regulates items pertaining to Electric Vehicle Chargers including placement, limitations, etc. that are not covered under the Uniform Construction Code. He has requested that Borough Council consider authorizing the Solicitor to prepare an ordinance in the future as these types of devices are becoming more common throughout municipalities in the area. He has also requested that the Borough incorporate fees for EV Charger installations and modifications in the 2025 Fee Schedule to account for any permits that may be applied for in the meantime. This item will be on the November 18, 2024, voting meeting agenda for consideration.

6. Administration Committee
• MEETING ANNOUNCEMENTS – Councilwoman Reichner announced the upcoming meetings.

• VOLUNTEER ANNOUNCEMENTS- Councilwoman Reichner stated we have a few open volunteer positions and are currently accepting letters of interest/applications for: • EAC Chair • EAC Member • Parking Commission Member and anyone interested to send a letter of interest to the Borough Manager.

• LAND DEVELOPMENT UPDATE – Vice President Reichner stated the Land Development Updates are as follows: CVS Property: Construction continues. 21-23 & 37 N. York Road (Canalley Property): The applicant is currently working with PennDOT, and we will keep everyone updated when the developer applies for and is issued his demo permits. Victorian Village: New construction of building D continues. 100 Meadowbrook: The applicants’ permit is currently under review with our Building Code Official. 104 W. Lehman Avenue: We will keep everyone posted if and when we receive an application for new construction on the empty lot. 2 2-4 Home Road: The applicants’ permit is currently under review with our Building Code Official. 410 N. York Road: The applicant is currently waiting for a response from PennDOT regarding the driveway. PennDOT’s decision will determine if he moves forward, and we will keep everyone updated. Gamburg’s: We will continue to keep everyone updated regarding the sale and proposed use of the property when the time comes.

• ZONING REWRITE UPDATE: Vice President Reichner stated e County began presenting the proposed zoning rewrite to the Planning Commission members at the June 11, 2024, Planning Commission meeting and the PC met on September 10, 2024, to discuss procedures and policies on how they would like the County to present the rewrite. They met on October 8th to discuss R1 and will meet again on Tuesday November 12th to continue. The public is strongly encouraged to attend these meetings and anyone who is not able to attend can get updates from the website that was created on myhatboro.org also any feedback can be emailed to Manager Hegele at dhegele@myhatboro.org, and she will present to the PC at the meeting during the Public Comment section on the agenda.

• HISTORIC COMMISSION ORDINANCE UPDATE – Vice President Reichner stated At the October 28, 2024, Council Meeting, Council authorized Solicitor Geiser to draft an amendment to the Historic Commission Ordinance to add a provision for alternates on the commission and will allow the Historian to be an alternate if and when needed for a quorum. This item is a placeholder in case a draft ordinance is available prior to the November 18th voting meeting for consideration.

• AMUSEMENT DEVICE ORDINANCE UPDATE – Vice President Reichner stated At the October 28, 2024, Council Meeting, Council authorized Solicitor Geiser to draft an amendment to the Amusement Device Ordinance to update what is considered a mechanical device as some of the devices that are listed in the current ordinance no longer exist. This item is a placeholder in case a draft ordinance is available prior to the November 18th voting meeting for consideration.

• 206 WOOD STREET AMENDED SUBDIVISION RESOLUTION – Vice President Reichner stated Solicitor Geiser is currently working on an amended resolution for 206 Wood Street. This amended resolution was not ready in time for packets to be sent out; however, it will be sent out as soon as it is available. The background of this item is as follows: In 2023, the owner of the property was approved for a Subdivision by Borough Council. At the time that the application was approved, the property owner had multiple outstanding violations due to work performed without permits at the property, and there was a condition attached to the subdivision approval that noted the approval was contingent on the violations being resolved. The property owner has resolved all outstanding issues with the Building Code Official as of July 2024 and is now ready to move forward with the subdivision. Because the original subdivision resolution had a strict timeline with regard to the recording of plans, Solicitor Geiser is requesting that Council consider an amended resolution that will allow the property owner to proceed with the previously approved subdivision without going back through the land development process. This item will be included on the November 18, 2024, Council Meeting Agenda for consideration.

• DISTRCIT COURT RFP – Vice President Reichner stated Included in your packet is a memo for Manager Hegele stating the Borough did not receive any bids for the sale of the District Court. As per the Solicitor, we will need to send out again for another 10 days and we will update the documents, re-advertise, and try again.

• 26 HORSHAM/SOUSLIN ZONING HEARING BOARD APPEAL – Vice President Reichner stated Included in your packet is a memo from Manager Hegele the Borough is in receipt of an appeal from the Souslin’ s for their ongoing zoning matter. The Solicitor has already been authorized to work on this matter as she has been representing us through the first appeal. This matter is on the agenda for announcement and for housekeeping purposes at the November council meeting we can vote to ratify her work on this matter. If you have any questions, please refer to Manager Hegele.

• AUTHORIZATION OF SOLICITOR TO OPPOSE 18 HORSHAM ROAD ZONING HEARING BOARD APPLICATION – Vice President Reichner stated included in your packet on the same memo, the Borough is opposed to this application and council has authorized the solicitor to appear at the November ZHB hearing to officially oppose the application on behalf of Council. This is an announcement tonight and will be on the November Council agenda to ratify Manager Hegele’s actions in regard to this matter.
President Bollendorf stated he is concerned with violating our own floodplain ordinance and there is active litigation for the neighboring property (26 Horsham). Solicitor Geiser stated that Hatboro could lose participation in NFIP for the Borough.

Bill Tompkins, 161 Spring Avenue, stated that the Borough is opposing 26 Horsham and that we could wait until the ZHB decision and President Bollendorf stated that they do not wat to jeopardize status with FEMA and it would be unfair to the Borough.

Linda Samost, 18 Horsham Road, asked if the Borough would be opposed to sitting down in advance with the ZHB and President Bollendorf stated that no, it needs to be public as the ZHB is an independent board.

Linda Clauser, 205 E. Mill Road, stated when she bought the mill the kitchen was on the pad and was torn down and this is smaller than before, and the flooding is 10 years apart and Wawa did stormwater management as well and that the duck room pad remains.

Bob Wipplinger, 17 S. York Road, stated that he is a ZHB alternate and hasn’t been receiving packets and has had no communication from the ZHB and President Bollendorf stated that he will look into why he hasn’t been received anything and will discuss with the Solicitor. Mr. Wipplinger stated that he didn’t agree with everything ZHB wise but gives back and wants to participate with the ZHB for the community and wants to be part of the case for 18 Horsham.

Dave Sakolsky, 18 Horsham Road, asked if the Borough will appeal if the ZHB approves the variance and President Bollendorf stated it is a case-by-case basis and will wait to see how the ZHB rules first them they will go from there.

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

PUBLIC COMMENT – Dan Dempster, 14 Rorer Avenue, asked about regulations for EV Chargers and President Bollendorf stated that there will be a public discussion prior to adoption when the draft is ready.

Kelly A’Harrah, 145 W. Lehman Avenue, asked if new developments will be required to have EV Chargers and Solicitor Geiser stated that the Borough cannot make new developments add them.

ADJOURNMENT – President Bollendorf adjourned the November 4, 2024, Committee Meeting at 8:33 P.M.

Respectfully Submitted by:
Diane C. Hegele, Borough Manager/Zoning Officer/Open Records Officer

Transcribed by Cindy Bollendorf, Recording Secretary