Lansdowne Borough Council General Meeting June 28, 2017

Lansdowne Borough Council

General Meeting

June 28, 2017

APPROVED MINUTES

The Lansdowne Borough Council General Meeting was held on Wednesday, June 28, 2017, at 7:00 p.m. in Borough Hall. The regularly scheduled general meeting for June 21, 2017 was cancelled due to lack of a quorum.

Council members present: President Schleigh, Ms. Byrne, Ms. English and Ms. Williams. Absent: Mr. Aubrey, Ms. James, Mr. Radich and the Fire Company representative. Also present: Mayor Campuzano, Borough Manager Totaro, Borough Secretary Henry, Borough Solicitor Scott and Police Chief Donegan.

The televised meeting will be aired at 7:00 p.m. the following Monday on RCN channel 52, Comcast channel 5 and Verizon channel 44.

Mayor Campuzano led the meeting with the Pledge of Allegiance.

Approval of agenda: Ms. Williams moved to approve the agenda. Ms. Byrne is adding InsideOut under Old Business. Ms. English will make the Infrastructure Committee report instead of Ms. Williams. Ms. Byrne seconded. Vote: unanimous.

Approval of Minutes: Ms. Williams moved to approve the minutes of the May 17, 2017

Business Meeting of Council. Ms. Byrne seconded. Vote: unanimous.

Announcements and Presentations: The Mayor had no announcements or presentations, as they were made at last week's general meeting.

Treasurer’s Report - Mr. Totaro asked that the Treasurer’s report ended May 31, 2017 be added to the minutes without a verbal report. MOTION: Ms. Byrne moved to accept the Treasurer's Report by acclimation and amend to official minutes. Ms. Williams seconded. Vote: unanimous.

General Fund: beginning balance $675,523; ending balance $3,948,702.

Sewer Fund: beginning balance $1,036,805; ending balance $1,937.553.

Liquid Fuels: beginning balance $646,299; ending balance $892,448.

Non-uniformed Pension: beginning balance $2,959,093; ending balance $3,045,361.

Police Pension: beginning balance $8,378,827; ending balance $8,787,564.

Solicitor’s Report - Mr. Scott gave an update on the Cleaver Cable litigation that was settled a few months ago. However, the Borough is waiting for a $60,000 reimbursement due to the holdup of one of the contractor's $4,000 settlement. Mr. Scott attended a zoning hearing meeting regarding a group home for three sight and hearing disabled residents on Mansfield Road. The Zoning Hearing Board approved the application for the three individuals and only for the disabilities noted, with a 10 year lease on the property.

Mayor’s Report - The Mayor noted he attended a Rotary Club dinner before tonight's meeting and they awarded $250 for the K-9 dog and $250 for the Lansdowne Library. Lansdowne resident Rick Landry received the Rotarian of the Year award. The Mayor would like flags to be given out for the July 4th celebration at a cost of $150. Mr. Totaro noted that due to time constraints they could not be ordered in time. The Mayor indicated the flags will be used for future Borough events.

President’s Report - President Schleigh commented that as a civil rights attorney he has been following the recent lawsuit of City of Philadelphia v. Wells Fargo Bank regarding the City's Complaint for Violations of the Federal Fair Housing Act. This involves Wells Fargo's predatory lending practice and its effects on communities and school districts similar to Lansdowne Borough. Wells Fargo's discriminatory misconduct has also caused a disproportionately higher number of foreclosures, particularly in minority and low income neighborhoods in Philadelphia. In a similar case, the U.S. Supreme Court recognized that communities can state a cause of action under the Fair Housing Act against predatory lending institutions. A recognized cause of action includes lost tax revenues, increased costs for fire, police and code enforcement and similar items. President Schleigh recently litigated a similar case as Solicitor for Sharon Hill. President Schleigh provided copies of the City of Philadelphia v. Wells Fargo lawsuit to Borough Council members and asked them to review it and consider whether or not the Borough should take a stand within the School District for similar discriminatory practices by predator lenders that may have monetarily harmed the Borough and its taxpayers. Under the Fair Housing Act, if a plaintiff is successful in this type of lawsuit then attorneys' fees are paid if the case goes to a verdict.

Committee Reports:

Public Health and Safety - Ms. English reported that the Fire Marshall and Codes Department are working on the food truck rules. Ms. English noted that residency is not a requirement for membership on the HARB or HRC regarding a recent application for membership from an Upper Darby resident. Regarding the recovery homes, the zoning ordinance is to be amended regarding the definition of a family. Mr. Scott suggested amending the Borough ordinance to set up a different process for granting accommodations under the Fair Housing Act guidelines or revise the definition of family in the zoning ordinance. Ms. Williams asked the Borough's position on having these homes in town. President Schleigh noted that saturation reverses the entire rehabilitative effect of group homes and a Fair Housing hearing would allow public input regarding parking, proximity to schools, etc. Ms. English commented that no money was received last year from the National Night Out event because the proceeds were given to an officer shot in the line of duty and Ms. English requested a $300 starting fund, noting that the same core group of residents has been asked for donations for several other Borough related events.

MOTION: Ms. English moved to have a $300 start up fund for the National Night Out event with any unused funds to be returned to the Borough. Ms. Williams seconds. Vote: unanimous.

A stop sign has been added on Walsh Road and speed signage will be placed on Baltimore Avenue. The Committee also discussed cameras for the Lansdowne Landing. RCN will test the line because the WIFI signal keeps dropping off.

Finance and Administration - No report was given in Mr. Radich's absence.

Economic Development and Code Enforcement - Ms. Williams reported no meeting was held last month. A Design Committee has been formed by the LEDC for a Main Street designation to do a streetscape plan for the central business district that will include design guidelines for a facade program, creating an inventory of the current buildings in the business district and their condition, developing a consistency with the County Comprehensive Plan. The goal is to have a menu of windows, doors, light fixtures, awnings, paint colors, etc. that would be preapproved options by Borough Council to help facilitate the HARB application process. The next Arts Board meeting will be held on June 29, 2017. The EDandCE Committee meetings are being permanently moved to the first Thursday of the month. Next meeting will be held on July 6, 2017.

Ms. Williams reported that a tremendous positive response has been received regarding the Lansdowne Landing and plans for holding monthly potluck community dinners are being discussed. Ms. Williams asked if the permitting process can be handled electronically on line. Mr. Scott commented that applications can be accepted but no on-line payments can be made until the pilot program becomes permanent. Ms. Williams noted there had been some slick when wet issues with the Landing's mural but a new sealer has been added to the original sealer to remedy the problem. Ms. English questioned why the Landing Planning Committee, given the water issue, would approve a water gun event without a permit.

Community Relations Committee - Ms. Byrne reported that the Committee met on June 27, 2017. Ten locations have been determined for the InsideArt exhibits and the installment agreements need to be signed before the event. Ms. Byrne will be working with the Library and Boys Club for the Soap Box derby race for the upcoming 125th Borough anniversary and with the School District for a battle of the bands event. June 7, 2018 is the actual anniversary date (Thursday) and Ms. Byrne would like to have a four day event at that time.

MOTION: Ms. English moved to sign the 2017 Inside/Out Installment Agreement. Ms. Williams seconded. Vote: unanimous.

Infrastructure Committee - Ms. English reported that videotaping the sewer lines is being done for Reservoir and Marlyn Parks and the Gateway slope. A TAP Federal grant for Reservoir Park is due in fall and Mr. Totaro suggested applying for a matching grant. Approximately 75 new LED street lights remain for installation. Street paving will start after July 4, 2017. Painting will be done at the Fire House and the WIFI is now working at the 2020 House. The load reduction guidelines were met with operation of the new street sweeper. Various options are being investigated for streamlining the sanitation process and will be reported on at the next general meeting. MS4 information will be forthcoming because a lot of planning is due by the end of August.

Public Comment: Ms. Williams moved to suspend Roberts Rules of Order to hear visitor comment. Ms. Byrne seconded. Vote: unanimous.

Visitors:

1. George Jesson - 80 W. Baltimore Avenue. Mr. Jesson commented on how winter ice conditions would be handled at the Landing. Ms. Williams felt the Landing events would not extend past the fall season. Mr. Jesson suggested having a digital readout speed sign put along Baltimore Avenue that indicates the lawful speed and actual speed of a passing motorist. The audible warning to walk signal at the Lansdowne and Baltimore Avenue intersection cannot be heard over traffic and pedestrians cannot safely cross with the simultaneous left turn signal. Mr. Totaro will contact the State engineers to change the light timing sequence.

Ms. Williams moved to Resume Roberts Rules of Order. Ms. Byrne seconded. Vote: unanimous.

Communications - Letter from a job coalition group asking the Borough to lobby officials to make EPA rules about local refineries. The Public Safety Committee will look into the matter.

Old Business:

1. Group Home Ordinance - President Schleigh posed the question of whether the Zoning Board or Planning Commission should handle this and personally favored the Zoning Board because a Solicitor who can deal with issues that impact on zoning issues is present at the Zoning hearings. Mr. Scott will look at the MPC, the state statute that creates Zoning Hearing Boards and Planning Commissions and determines what is within their respective jurisdiction.

MOTION: Ms. English moved to advertise the Group home ordinance subject to the Solicitor's research as to which body should hear the applications. Ms. Williams seconded. Vote: unanimous.

New Business:

1. Data 19050 - Ms. Williams commented this was a FYI sample item related to her working with the Association of Realtors grant that provides access to demographic data. Ms. Williams will reach out to the Association's contact regarding MLS.

2. Planters - Ms. English noted that PECO is having issues with vehicles running over the grates in front of the Walgreen's store and concrete planters are being considered as a deterrent. They will be ADA compliant but Penn Dot will have to be contacted for any line of sight issues. The Borough will buy the planters and be reimbursed by PECO.

3. DCJA - President Schleigh commented that some members of the Darby Creek Joint Authority are being paid different amounts and wants to send a formal inquiry letter to them as to how appointed officials are being paid. Mr. Totaro will draft a letter of explanation.

4. Landing - President Schleigh commented there are several issues here: (1) Permits - should they be updated or modernized and should they pertain only to the Landing as a pilot or used as a general practice overall; (2) If the space is not reserved, can the Borough sponsor

community events without the formal permit process. Ms. English was concerned with possible liability issues with Borough sponsored events, such as the mural slippery surface and toy water

guns that look real. Mr. Scott noted there would not be any more Borough liability issues than with private sponsorship but conceded Ms. English's point that any Borough event should be known and discussed among Borough Council members. Ms. Williams commented that the Lansdowne Planning Committee is all volunteer residents. Mr. Scott noted that if this Committee is a non-appointed body, it should be made clear that planning committees need permits for 20+ people if holding an exclusive event and the Borough insurance policy will not cover private individuals. Ms. Williams favored having the proposed monthly potluck dinners, water gun fight and the August food truck event as Borough sponsored events.

MOTION: Ms. Byrne moved to have the Borough sponsor one pot luck event every month until the pilot ends at the end of the year. Ms. Williams seconded. Vote: unanimous.

MOTION: Ms. Williams moved to hold a water ice event at the Landing on July 1, 2017, from 2-4 p.m. Ms. English seconded. Vote: unanimous.

5. Landing Electric - Ms. Williams commented the LEDC will pay for the proposed string lights electric expense (approximately $40-60 a month) but the Borough will reimburse them for any Borough event overage costs at the end of year. A letter of addendum will be sent by Mr. Totaro. Chief Donegan suggested replacing the current surveillance camera there with a better model.

6. LEDC Banner - Application to hang the banner has been submitted. Banner will extend on a wire from the Theater to a wooden pole.