Lansdowne Borough Council Business Meeting
Wednesday — March 7, 2007

The Lansdowne Borough Council Business Meeting was held on Wednesday, March 7, 2007, 7:30 PM in Borough Hall. Present were President Wayne, Ms. Coleman, Ms. Hill, Mr. Lee, Ms. Lustgarten, Mr. Urban and Mr. Wagner. Also in attendance were Mayor Young, Borough Solicitor Scott, Borough Engineer Bevilacqua, Borough Treasurer and Planning Commission Chair Smith, Borough Manager Forrest, Borough Secretary Henry, Police Chief Kortan and Fire Company Vice President Miller.

Minutes — Ms. Coleman moved to approve the minutes of the February 7, 2007 Council meeting. Ms. Lustgarten seconded and the motion carried unanimously.

President Wayne announced that according to the Sunshine laws, visitors can say they are a resident of Lansdowne if they do not wish to give their street address for the official record.

Ms. Coleman moved to suspend the Rules of Order, seconded by Mr. Lee. The motion carried unanimously.

Visitors:

Kelly Bliss Resident of Lansdowne - Ms. Bliss thanked Borough Council for their decision in allowing visitors to decline giving out addresses.

Mayor Young introduced Benjamin Brockington from Senator Anthony Williams' office, who is the new services constituent for Delaware County.

Mr. Lee moved to reinstate the Rules of Order, seconded by Ms. Hill. The motion carried unanimously.

REPORTS AND DISCUSSION

A. Treasurer Bill Smith - Mr. Smith had no formal report but mentioned that most of the information has been given to the auditors.

B. Engineer Richard Bevilacquaj - Mr. Bevilacqua reported on the following projects:

• Road Program - The approximate cost for paving Union Avenue is $110,000-$120,000 of which the Borough portion is approximately $55,000-60,000. In addition, Pennoni is reviewing other potential add alternate roadways for paving and has developed preliminary opinions of cost. In addition, Pennoni will also be reviewing potential roadways for seal coating, which costs about 1/3 less than paving. President Wayne asked that costs also be determined for paving the Borough parking lots. Mr. Bevilacqua also indicated he is evaluating plans for determining a sewer study of maintenance and repairs necessary on certain streets. Mr. Forrest indicated that the year end budget figure for the road program would be in the range of $226,000. President Wayne questioned why roads in worse condition were not on the list or being recommended. Mr. Bevilacqua indicated that sewer repairs needed to be done before the paving on certain roads, citing Drexel Avenue from Owen to Windermere as an example. Mr. Forrest mentioned there is $300,000 budgeted in the Sewer Fund for paving and maintenance.
• Library HVAC Options - The library recently lost heat in the back portion of the building and asked Pennoni to look into long range repair options. Three options were offered and option #2 was recommended - install a complete system with a single unit instead of the two unit system in use for a cost of $100,000 to $130,0000. This option will address the existing non-conforming code and maintenance issues. This option was chosen due to the age of the existing system (25+ years) and the size of the building. It will reduce the cost and frequency of future maintenance and the cost of operation. The downside is there will be a total loss of heat/AC if the unit is down. Mr. Wagner asked if any other funding was available. Mr. Forrest will discuss this with Library Director Amy Gillespie. Ms. Hill asked that the Library Board of Directors be apprised of this plan due to their long range plans for the building. President Wayne suggested that someone from the Library Board of Directors come to a Council meeting and specify the scope of these long range plans. President Wayne also asked for an estimate of energy efficiency savings, cost savings and an analysis of maintenance history.

C. Solicitor Bob Scott - Mr. Scott reiterated that visitors need only say that they are residents of the Borough if they choose not to share their address when giving public comment.

D. Manager David R. Forrest - Mr. Forrest reported on the following topics:

• Comcast - Mr. Forrest mentioned that Comcast is getting out of the business of televising town meetings and will be working on transitioning with the Borough on taping or broadcasting live future Council meetings. Mr. Forrest will do further research to see how other communities are dealing with this issue.
• 171 N. Lansdowne Avenue - the ongoing drainage issue resulted in a judge convicting the owners to jail and $20,000 in fines. The judge also felt that the Borough could enter the property and fix the drainage problem. Mr. Forrest indicated there would be a $4,000-$5,000 cost savings by doing this. The abatement plan consists of putting in a drain and connecting to an existing public sewer. The Borough could then lien the property. After further discussion a motion was made to abate this and lien the property. Mr. Lee moved to direct Borough staff to enter onto 171 North Lansdowne Avenue to install a storm sewer inlet and connect to the public storm sewer system and to lien the property for the costs of such abatement. Mr. Wagner seconded and a roll call vote was taken. The motion carried unanimously.

E. Police Chief Kortan - Chief Kortan reported that due to a gun incident near the high school last week, he is working with the School Board to resolve various issues. It was decided that an entire sweep of the school will be done with a lockout during the sweep. Narcotics and bomb detecting dogs will be used to search for contraband and firearms in lockers only, not on individuals. Chief Kortan indicated that he has been in contact with the District Attorney's office to verify that these actions will not be in violation of any civil rights and was informed that as long as the School Board and School administration are requesting this action, there should be no adverse reaction. President Wayne asked the Solicitor Scott be kept informed of this issue to insure that no issues of civil rights violations arise. Chief Kortan mentioned that any searching will be done by school district employees and the police department will be on hand to provide the security factor. Chief Kortan also mentioned that a 50' section of fence was destroyed by an officer responding by car to this incident and replacement costs are being investigated.

Mayor Young mentioned that street lights are out at Plumstead and Highland Avenues and at Marshall Road and Maple Avenue. Mayor Young and Mr. Lee brought up the matter of unlicensed dogs in the Borough. Chief Kortan will look into selling animal licenses at the May 7th Animal Friends of Lansdowne event.

F. Fire Company Vice President Miller - Mr. Miller had no formal report.

G. Planning Commission Chair Smith - Mr. Smith mentioned that the next Planning Commission meeting will be held on March 8th. Mr. Smith indicated that the State Farm parties will probably be at this meeting as well as Joe Riggs in connection with the proposed Harris School project. Mr. Smith mentioned that the Commission had concerns about the parking issues surrounding the Riggs proposal but no plans have yet been presented to the Commission. President Wayne asked that this discussion be delayed until a specific recommendation is received from the Planning Commission. Mr. Urban was concerned that the continued delay in this matter was a method for rejecting the proposal.

Committee Reports:

a) Finance and Administration - Ms. Lustgarten reported that the F&A Committee met on March 5th. The following topics were discussed:

1. 1. Buying versus leasing of the current 3 copiers.
2. 2. 2006 year end numbers on the MMO issue. The original figure was $306,000, the revised figure was $269,000 and the year end figure was $197,000. The discrepancy is being investigated.
3. 3. 2006 Portnoff delinquency collections. Some questions arose concerning various properties, the amounts owed and the methodology employed to collect these fees. The 2006 Portnoff collection has been placed on hold until some of these issues are clarified. Mr. Lee was concerned about some the delinquent properties on the list and the amounts owed and whether the lien letters were even sent. He felt that a time cut off or dollar amount should be decided upon before the names are sent to Portnoff. Mr. Urban felt that the process should be left as is. Ms. Henry indicated that a system of checks and balances is in place, copies of all lien letters are kept on file and that a bad precedent would be set if some taxpayers were exempted from paying their delinquent Borough fees based upon the amount owed.
4. 4. Self insuring for workers compensation premiums. The issue is the amount being paid in claims versus the amount being paid in premiums. The Borough could self-insure up to a certain amount and any amount after that would be paid by the insurance company. Mr. Smith is looking into the pertinent issues of self-insuring Boroughs and non-financial and liability issues.
5. 5. Leaf pickup mechanism is in poor condition and the question is whether to continue pickup in the normal manner or to replace the leaf pickup mechanism. Mr. Forrest will investigate costs for a replacement.

Ms. Lustgarten also mentioned that a new capital program is being discussed.

The next F&A committee meeting will be held on April 2nd 7:00 p.m.

b) Public Safety - Ms. Hill had no formal report. The next Public Safety Committee meeting will be held on March 14th.

c) Nominations - Ms. Coleman had no formal report but mentioned that this Committee is continuing to look into closing some Board/Committee openings.

d) Ad Hoc Committees -
Lighting - Mr. Wagner stated that the next Lighting Committee meeting will be held on March 30th. Mr. Wagner confirmed for President Wayne that the charge of this committee is to evaluate whether the current system of upgrading lighting in the Borough is sufficient or if a different model is necessary, taking into account aesthetics, cost savings and energy efficiency.
School Taxation - Mr. Urban opened a discussion on the draft resolution regarding the impending Act 72 referendum question to be put on the May ballot. Mr. Lee suggested eliminating some language regarding the Governor's office. Mr. Wagner felt that a clause should be put in addressing the arcane manner in which the system is now funded. Mr. Urban stated that if the school board's tax increase fits their exceptions, the tax increase could be significant - - as much as 9%. President Wayne mentioned that the William Penn School Board chose not to put in any explanation regarding the referendum question and has done nothing to inform the public about this critical issue. Mr. Urban stated that after the resolution is passed, additional information/suggestions will be circulated to educate the public.

Comments from Council Members and Mayor:

1) Mayor Young - mentioned the upcoming Paws for Kindness Day event and use of the parking lot. Mr. Lee moved to permit the use of the municipal parking lot for the 3rd annual Animal Friends of Lansdowne Paws for Kindness Day to be held on May 12th from 10:00 a.m. to 3:00 p.m. Mr. Urban seconded and the motion carried unanimously.
The 6th annual Town Yard Sale will be held on May 5th.
The Historic House Tour is being held on May 5th.
No Place For Hate is partnering with the Coalition for Peace Action and has scheduled 3 meetings and dates are available on the Web site.
Mayor Young brought up some problems with new residents not knowing the proper procedure for putting out properly containerized trash and felt that perhaps the Code should be changed. Mayor Young mentioned that recycling is up 20% for the first month of single stream recycling.

2) Mr. Urban - brought up the issue of repairs to the Pavilion in Hoffman Park. Total cost to incorporate all needed changes would be $200,000-300,000 broken down as follows:

Mr. Lee indicated that all toys in the Borough's parks should be torn down as they do not meet current safety standards.

3) Ms. Hill - mentioned that the Yeadon/Lansdowne revitalization summer work camp will soon be starting and would like a progress report presented at the next Council meeting. Ms. Hill mentioned that residents are complaining about parking issues at the A-1 auto site. Ms. Hill suggested that Borough Council members take a walking tour of the Union, Bartram and Nyack Avenues area to see how improvements can be made to this section of the Borough. Ms. Hill asked if the historic Sycamore tree was being monitored and Mr. Forrest indicated it was monitored by arborists. Ms. Hill asked why the last twin on Nyack Avenue toward Union Avenue was boarded up. Mayor Young questioned the status of 110 S. Wycombe Avenue. Mr. Forrest will follow up on both these properties.

4) President Wayne - mentioned several accomplishments of Borough Council and those issues still remaining:
Legislative Agenda: developed 2007 budget, set 2007 tax rates; developed written expenditure authority for Borough funds, enacted non-discrimination ordinance, set up a Human Relations Commission, improved property values (up 31% in the past three years), established a local historic district and a historic architectural review board, established zoning prohibition for conversion of single family homes into multi-family dwellings, currently working on new zoning code, working to establish a demolition delay ordinance, investigating a tax increment financing district, exploring tax abatement possibilities for new investment, explored the possibility of liquor sales that raised the issue of home rule.
Policy Agenda: dealt with solid waste program, reviewed trash collection alternatives, bid out Borough's engineering services, finalized the FOP bargaining agreement, established policies regarding community police work and officer contact with individual businesses in the central business district, started to define storm water management activities, renewed lines of insurance, explored possibility of extinguishing Borough debt on an earlier time scale and developed viable system for Code enforcement and accountability.
President Wayne mentioned that the Borough still needs a long range sewer and maintenance program, need to establish a new emergency management plan, should explore ways of increasing the tax base and should review options for shade tree life expectancy. President Wayne indicated that Borough Council will refocus on activities and priorities for the remainder of the years.
President Wayne brought up concerns with the Committee structure and asked that future agendas be refocused to deal with discussing issues as a committee of the whole.

Old Business - No items.

New Business — Mr. Wagner discussed the proposed agreement between the Borough and the Farmer's Market. The current plan is to use the exit lane of the municipal parking lot on Thursday evenings, 4 - 8 p.m.. Emphasis will be on locally grown produce. The Health Department has looked into procuring licenses. Mr. Wagner asked for permission to use the parking lot for their launch the last week in May and the market hopes to operate through November. Mr. Wagner indicated that the group will need a contract from the LEDC detailing the Borough's list of demands. Ms. Hill brought up maintenance issues and who would be in charge of cleanup. Mr. Wagner indicated that the group is recruiting for a marketing manager.
Mr. Scott stated he would send a similar agreement adopted by the Swarthmore farmer's co-op to Mr. Wagner. Chief Kortan stated that running water would be necessary for cleanup matters.

Action Items

1. Ms. Lustgarten moved to authorize payment of the bills for the period. Ms. Coleman seconded and the motion carried unanimously.

2. Ms. Lustgarten moved to approve settlement of tax assessment appeal for Stratpark, LLC for 58 N. Lansdowne Avenue revising the present assessment of $1,305,000 to $1,232,500 for 2006 and $1,099,900 for 2007. Ms. Coleman seconded. After further discussion, there arrived a consensus to table this motion. Mr. Lee moved to table the motion, seconded by Mr. Urban. The motion carried unanimously.

3. Mr. Lee moved to issue a Certificate of Appropriateness for the State Farm Office Building - 67-69 East Baltimore Avenue. Ms. Coleman seconded. President Wayne stated that in the future he wants a specific written recommendation from the HARB to Borough Council signed by the Chairman of the HARB. Mr. Scott suggested sending a consistent message to developers to avoid extra costs incurred with repeated plan changes. A discussion ensued regarding the HARB changes with President Wayne and Mr. Wagner having issues with the awning material and sign illumination. Mr. Lee felt that Borough Council should not get involved with minute details of the HARB's recommendations. President Wayne stated he was in favor of granting the certificate if certain changes were made. Mr. Urban felt that the HARB's recommendations were acceptable and questioned having a HARB if Borough Council was going to place conditions on their decisions. Mr. Lee then made a motion to close the debate. Mr. Wagner defended his right to object to the HARB's decision and felt that the Borough deserved a better design. Mr. Lee again made the motion to close the debate, seconded by Mr. Urban. A roll call vote was taken. The motion carried 5-2 with President Wayne and Mr. Wagner voting nay.

A motion was then made by Mr. Wagner to amend the original motion, citing awning illumination and awning material changes. Ms. Lustgarten seconded and a roll call vote was taken. The motion carried 4-3. Mr. Lee and Mr. Urban voiced their objection that Roberts Rules of Order were not being followed. President Wayne asked for another roll call vote on the amended motion. Mr. Wagner moved to issue a Certificate of Appropriateness for the State Farm Office Building, 67-69 East Baltimore Avenue, with no internal illumination of the awning. Ms. Lustgarten seconded and a roll call vote was taken. The motion carried 4-3 with Ms. Hill, Mr. Lee and Mr. Urban voting nay.

Executive Session - Ms. Coleman moved to adjourn to Executive Session to discuss a litigation matter. Ms. Lustgarten seconded and the motion carried unanimously. The meeting adjourned to Executive Session at 11:19 p.m.

Public Session - Upon reconvening to Public Session, the following motion was made:
Ms. Lustgarten moved to have the Borough Solicitor instruct Portnoff & Associates to proceed with the Sheriff sale on the properties recommended by Portnoff with the exception of 231 N. Lansdowne Avenue, which will have been subject to judicial sale before the sheriff's sale could take place. Mr. Wagner seconded and the motion carried unanimously.

Ms. Lustgarten moved to adjourn the meeting, seconded by Mr. Wagner. The motion carried unanimously. The meeting adjourned at 11:25 p.m.

Respectfully submitted,
Barbara Ann Henry
Borough Secretary