Lansdowne Borough Council Business Meeting December 5, 2012

Lansdowne Borough Council

Business Meeting

December 5, 2012

APPROVED MINUTES

The Lansdowne Borough Council Business Meeting was held on Wednesday, December 5, 2012, 7:30 p.m. in Borough Hall. Present were President Coleman, Mrs. English, Ms. Lustgarten, Mr. Radich, Mrs. Saylor, Mr. Schleigh, Mr. Wagner and Mr. Yuracaba. Also in attendance were Mayor Young, Borough Manager Totaro, Borough Secretary Henry, Borough Finance Director/Treasurer Bartley, Borough Solicitor Scott and Police Chief Kortan. Fire Chief Young was absent.

Approval of Agenda: The agenda was approved with President Coleman making the following changes: (1) the HRC jurisdiction matter for discussion will come before Committee Reports; and (2) the Theater Liquor License matter for discussion will be held after the Committee Reports.

Approval of Minutes:

Mr. Schleigh moved to approve the minutes of the November 7, 2012 business meeting. Mr. Wagner seconded. Vote: unanimous.

Public Comment: Mr. Schleigh moved to Suspend Roberts Rules of Order. Mr. Wagner seconded. Vote: unanimous. There was no public comment. Mr. Schleigh moved to resume Roberts Rules of Order. Mr. Wagner seconded. Vote: unanimous.

New Business Discussions

Human Relations Commission jurisdiction changes. HRC member Fran Wayne was present for the discussion. Solicitor Scott indicated that the issue involved overlapping jurisdiction between the state and local human relations commissions. Lansdowne’s Human Relations Commission Ordinance was enacted to extend protection to some classes that are not protected under state law, particularly with regard to sexual orientation. Mr. Scott explained that if an individual files a complaint with the local Human Relations Commission, it could be deemed that they have waived their right to avail themselves to the state statute. Mr. Scott suggested two options: (1) Lansdowne could have all their local human relations commissions materials imprinted with a warning label, stating that if you file locally, you may lose your right to file with the state; or (2) pare back the local ordinance so it only protects classes that are not covered by the State. The Human Relations Commission does not want to change the ordinance and favors a warning label. Mr. Schleigh questioned whether or not the borough should let the appointed HRC Board make the decisions knowing that their resources are limited, or should the state conduct the proceedings, knowing that they do not have the same scope of anti discrimination as the borough. Ms. Lustgarten mentioned that an individual has the freedom to file with either the local or state level. Mrs. Saylor indicated that while the state may have more resources, the state bureaucracy is slow moving and might not be as focused on finding as expeditious an outcome, whereas Lansdowne’s Human Relations Commission would be more focused in this regard. Fran Wayne indicated that it was their recommendation to keep the Lansdowne ordinance in its current form so that anyone filing a local complaint would have the protection of all classes. The Lansdowne HRC would also be diligent in letting individuals know that they have the option to file at the state level. If the ordinance is to remain unchanged, Mr. Scott agreed to help the HRC prepare some disclosure materials.

Theater Liquor License. President Coleman invited Matt Schultz of the Historic Lansdowne Theater Corporation (“HLTC”) to discuss the next steps in revitalizing the Lansdowne Theater. Mr. Schultz stated that HLTC members want to pursue acquiring a liquor license and needed some guidance regarding the application process. The HLTC wants a referendum on the April 2013 ballot asking Lansdowne voters if they would allow the issuance of a performing arts center license in the borough. This type of issue had been discussed in 2004 through an Ad Hoc Committee with Mr. Wagner as a member. Mr. Schultz mentioned that the Liquor Control Board does issue licenses for performing arts centers with a minimum of 500 seats that are owned and operated by a non-profit organization. The Lansdowne Theater has 1300 seats. Mr. Schultz stated that to get the issue before the voters in April, signatures representing 25% of the top vote offices in the November, 2013 election are necessary. These signatures must be collected between January 22, 2013 and February 12, 2013. Allowing a license for the Lansdowne Theater would not allow other establishments to have licenses as well unless separate applications were submitted. Mayor Young questioned whether a license was available and the amount of the fee. Mr. Schultz stated that a license was available and would cost $1500. Mr. Scott pointed out that Borough Council has no official role in this matter, as it would be a matter between the residents and the LCB. Mr. Schultz indicated that he would like to convene an open meeting after January 1, 2013 to inform the public about the issues and to solicit volunteers for collecting the signatures. After further discussion, the consensus was to go forward with the process.

REPORTS

Treasurer’s Report – Mr. Bartley had no formal report but stated that there were sufficient funds on hand to meet current obligations.

Solicitor’s Report – Mr. Scott had no formal report and one executive session item.

  1. Manager’s Report - Mr. Totaro gave the following updates

·  20th Century Club – Downstairs improvements are progressing slowly but steadily. Anticipated completion date is early February, 2013. The original design plan has been reshaped to address the use of catering services.

·  Gateway Park – Further work with respect to this project has been temporarily suspended while waiting for fencing materials. The fencing at present has come in at $12,000 under budget. Mayor Young asked if a natural walking loop was possible along the creek and if it could be covered with macadam. Mr. Totaro indicated that a loop could be possible but acquiring permits for doing macadam work along water is an extremely complicated process.

·  Sewer Laterals – An ordinance requiring sewer lateral inspections will be mandated in the near future upon the resale of a house. Philadelphia has created a $2 billion storm water diversion plan that directs all water into one place. The Environmental Protection Agency (“EPS”), however, is still passing along fines to parts of Bucks, Montgomery and Delaware Counties where rainwater flow contributes to Philadelphia’s rain spikes. Mr. Totaro recommended signing the Act 537 Plan and adopting an ordinance when it is signed into law. Mr. Totaro indicated that the Darby Creek Authority will be getting fined due to rain spikes and their fines will be passed through to Lansdowne. The borough will need to enforce some measures in order to share less in the fines.

Chief of Police Report - Chief Kortan reported that the physical agility testing has concluded for the prospective police officers and oral interviews/exams will be held some time after January 1st of next year. Chief Kortan also reported that holiday no fee parking is in effect until December 31, 2012. Effective December 15, 2012, overnight parking suspension will continue until January 2, 2013. President Coleman clarified that for agenda and report purposes, Tom Young is no longer the Lansdowne Fire Chief but will remain as the fire company liaison for Borough Council.

Mayor’s Report – Mayor Young stated that the upcoming newsletter will feature several articles of interest regarding the borough i.e., fiscal cliffs, sewer laterals, recycling, codes work and permits, the UAA and the chicken ordinance.

President’s Report -President Coleman reported that she attended the 1st Suburbs fundraiser that was held last week. The event was well attended. Among those honored were Senator Bob Casey and Estelle Richmond, Senior Advisor to the Secretary of the U.S. Department of Housing and Urban Development (“HUD”). Deputy Secretary Maurice Jones was present and stated that $500,000 was being committed to the program to increase funding of vouchers to help stabilize families regarding viable housing and transportation.

Old Business:

1.  2013 Budget – Ms. Lustgarten reported on the latest budget discussions, adding that the General Fund projected ending balance could be reduced from $265,000 to $244,000 if the real estate tax was raised 4.5% and each household paid an additional $10 trash fee. Mr. Scott indicated that the tax rate first needs to be established before advertising the budget. There was some discussion about switching the trash fee to a real estate tax. Mr. Scott indicated this would be too risky, as the Borough Trash Ordinance states that trash and sewer costs need to be divided among houses minus whatever revenues are received and the trash fee is based on costs. Mr. Totaro indicated a rough estimate of $1 million in the Sewer Fund for 2013. Ms. Lustgarten commented that the additional $10 per household fee only impacts residents; commercial properties do not pay a trash fee. However, if the real estate tax is increased all borough residents and business owners would have to pay into it.

New Business: items were previously discussed after public comment.

Action Items:

1.  Ms. Lustgarten moved to authorize payment of bills for the period. Mr. Wagner seconded. Vote: unanimous

2.  Ms. Saylor moved to adopt Resolution 2012-17, a Resolution Authorizing Application to the 2012 PECO Green Region Open Space Program for the 129 Fairview Avenue Interboro Park Entrance Project. Ms. Lustgarten seconded. Vote: unanimous.

3.  Mr. Schleigh moved to adopt Ordinance 1278, an ordinance of the Borough of Lansdowne amending chapter 303 of the code of ordinances entitled “Towing” to provide for an appeal process for private towing contractors to petition the Borough to revise towing and storage rates from time to time. Ms. Lustgarten seconded. Vote: unanimous.

4.  Ms. Lustgarten moved to adopt Ordinance 1279 of the Borough of Lansdowne amending Chapter 269 of the Code of the Borough of Lansdowne, entitled “sewers”, to amend the basis upon which sewer rents are calculated to allow for the imposition of the minimum charge for all properties connected to the Borough sewer system regardless of water usage. Mr. Wagner seconded. Vote: unanimous.

5.  Ms. Lustgarten moved to advertise Ordinance 1280, an Ordinance of the Borough of Lansdowne to estimate the number of gallons of water which will be consumed by persons whose properties are connected to the public sewers of the borough for the year 2013, and to fix the amount of sewer rental or charge to be made to each property connected to the sewers. Mr. Wagner seconded. Vote: unanimous.

6.  Ms. Lustgarten moved to advertise Ordinance 1281, an Ordinance of the Borough of Lansdowne setting the tax rate for the year 2013 at 11.6213 mills. Mr. Wagner seconded. Vote: unanimous.

7.  Mr. Schleigh moved to execute Stray Animal agreement between the Borough of Lansdowne and the Animal Protection Board of Delaware County. Mrs. English seconded. The motion carried with a voice vote with Ms. Lustgarten and Mr. Schleigh opposing the motion.

Executive Session – Mr. Wagner moved to adjourn to Executive Session to discuss personnel issues. Mr. Schleigh seconded. Vote: unanimous. The meeting adjourned at 9:25 p.m.

Public Session – No motions were made upon reconvening to Public Session.

Adjourn – Ms. Lustgarten moved to adjourn the meeting. Mr. Schleigh seconded. Vote: unanimous. The meeting adjourned at 9:45 p.m.

Respectfully submitted,

Barbara Ann Henry

Borough Secretary

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