Lansdowne Borough Council Business Meeting
Wednesday - November 7, 2007

The Lansdowne Borough Council Business Meeting was held on Wednesday, November 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 Engineer Bevilacqua, Borough Secretary Henry, Borough Treasurer/Planning Commission Chair Smith and Police Chief Kortan. Borough Solicitor Scott and Fire Chief Young were absent.

Approval of Agenda - The agenda was approved with the following addition: Dunkin' Donuts zoning variance added under discussion items.

Minutes - Ms. Coleman moved to approve the minutes of the October 3, 2007 Council meeting. Mr. Wagner seconded and the motion carried unanimously.

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

Visitors:

Laura Fryer 106 Lansdowne Court - Mrs. Fryer had several questions about the proposed use for 20 Lansdowne Court, i.e., renovation costs, selling price, landscaping concerns around parking lot, noise and traffic concerns. President Wayne stated that no final plans have yet been adopted and a public hearing will be held on November 19th at the 20th Century Club regarding proposed uses and costs. The initial plan was to provide more parking for the Club but other potential uses have been proposed. The purchase price is $275,000 and renovations will be in the $200,000 range.

Jack Polis 138 Lansdowne Court - Mr. Polis stated that he did not want 20 Lansdowne Court demolished and made into a parking lot.

Councilman Wagner questioned whether this issue should be discussed in executive session. President Wayne indicated that if the contract is renegotiated an executive session discussion is appropriate but this particular discussion did not warrant it.

Borough Council comments to visitors: There were no comments.

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

REPORTS AND DISCUSSION

A. Treasurer Bill Smith - Mr. Smith had no formal report but mentioned a recent tax case now before the U.S. Superior Court regarding the possible elimination of tax exemptions for municipal bonds.

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

1. 1. Dunkin' Donuts - work is completed except for punch list items. A second payment request has been submitted for $33,087.81. The original contract with extras is $92,530.50 and the total paid to date with a second payment is $74,885.61. Mr. Bevilacqua indicated that at present the project is running $4,000-$5,000 under the original contract price.
2. 2. Drexel Avenue Sewer - Sewer work is completed and only the trench base paving and final overlay paving remain. Total original contact is $163,670 with total paid out to date of $102,323.07. A second payment request has been submitted for $14,327.42. Ms. Lustgarten questioned the impact of the roads project for next year's budget. Mr. Bevilacqua stated that at this point in the year the base paving would be in the $20,000-$25,000 range.

C. Solicitor Bob Scott - No report was given in Mr. Scott's absence.

D. Police Chief Dan Kortan - Chief Kortan indicated he is continuing to work on getting street lighting proposals. Chief Kortan put two items before Borough Council for consideration and approval: (1) adopting a resolution from the State for non-mandatory in service training grants (there would be no cost to the Borough); and (2) adopting PennDot's smooth operator/aggressive driving enforcement project wherein PennDot will pick up police overtime costs (up to a certain dollar figure) incurred while running details during certain periods of the year. Chief Kortan mentioned he is still researching the costs of shutting down Lansdowne Avenue during next year's Arts Festival but indicated it could be an expensive endeavor. Chief Kortan stated that the speed bumps on Scottdale Road need to be taken up before the beginning of December.

E. Fire Chief Tom Young - No report was given in Chief Young's absence.

F. Planning Commission Chair Smith - Mr. Smith stated that he will continue to be the Chair of the Planning Commission next year and that a meeting will be held tomorrow night to reorganize and elect officers.

COMMITTEE REPORTS

a) Finance and Administration - Ms. Lustgarten reported on the preliminary 2008 budget, indicating a 2% tax increase in the General Fund and no trash fee increase. There is $75,000 remaining on the Sewer Avenue project and an ending fund balance of $118,000 in the Sewer Fund. The ending balance in the Liquid Fuels fund is $151,651. The subsequent increase will be a 5.4% sewer fee increase. President Wayne mentioned that General Fund revenue and expenses appear to be equal for 2008.

b) Public Safety - Ms. Hill had no formal report.

c) Nominations - Ms. Coleman mentioned she had received separate letters of interest for the Park and Recreation Board opening and the Human Relation Commission Board final opening. After these openings are filled there will be a full complement of volunteers on all Boards.

Comments from Council Members and Mayor:

Mayor Young indicated recycling is up 20% for this month and Route 8 is the winner for the most recycling. Mayor Young mentioned that the Reorganization meeting will be held on January 7th. Mayor Young mentioned that Bob Bartmann is requesting that Borough Council consider renaming Interboro Park after long time resident Earl Mosely, who recently passed away. The summit conference Mayor Young is working on will be held on December 7th at Bryn Mawr College.

Discussion Updates and Issues:

(1) 20 Lansdowne Court - Mr. Totaro opened the discussion and stated the house is in good condition but needs cosmetic work. The interior work could be done relatively cheaply in house for a cost of about $90,000 to clear the first floor for ADA use. An additional $9,000 would be needed to make the rear apartment ADA compliant. President Wayne summarized the costs for Phase I and II of the project:

Ms. Coleman felt it would be helpful if cost ranges could be put in for each phase of the project. Mr. Totaro stated the current ranges are standard but there is a possibility of applying for historical variances that would circumvent some of the ADA requirements. Ms. Hill asked that the historical integrity of the house be preserved.

Mr. Totaro indicated he could look into bidding this out as one project. President Wayne indicated that only the portion that in house personnel could not do would be bid out as a separate project.

President Wayne then invited public comment on the proposed uses. Laura Fryer questioned the time frame for occupancy (1st floor: 2-3 months). Mrs. Fryer asked if the $25,000 quote for parking spaces included landscaping costs. Mr. Totaro indicated these costs would probably not be included. Tom Hartz (112 Lansdowne Court) asked if there would be a zoning ordinance change for use and if access would be directly from South Lansdowne Avenue. President Wayne indicated the current zoning is R-1 and would need to be changed. Mr. Totaro indicated that egress might be on both sides of the house but not through the Club to Lansdowne Avenue. Samuel Brown (123 Lansdowne Court) stated he did not want the building used as a school or nursery. Mr. Brown asked if the plan is tentative (yes) and whether the Borough employees can actually perform the work (yes, and the work will be prioritized). Kathleen Lambert (104 Lansdowne Court) stated that parking issues are critical and expanding the 20th Century Club was an excellent idea. She also expressed concern with traffic control issues.

It was the consensus of the visitors that this is a win-win situation by providing more parking space, expanding the arts/recreation programs in the Borough and preserving an historical house. Mr. Wagner asked if additional lighting was needed in the parking areas. Mr. Totaro will investigate.

Financing alternatives were then discussed. Mr. Smith indicated that a variety of grants could be obtained from several entities. Mr. Smith then presented an overview of three funding levels, citing Penn Liberty Bank's figures and assuming a 6% interest rate starting January 1st:

President Wayne summarized the alternative costs of acquiring the property:

• A. With no renovations - $1000/month for 20 years using $125,000 in the Capital Reserves Fund;
• B. Fully finance for $275,000, keeping the $125,000 in Capital Reserves Fund - $2000/month over 20 years; and
• C. Finance $.5 million over 20 years - $3500/month

Ms. Lustgarten asked if any prepayment penalties exist. Mr. Smith indicated no such penalties with Penn Liberty Bank. Mr. Smith mentioned that in 2008 there could be a potential savings of approximately $150,000-$160,000 due to paying off some 2007 obligations.

Mr. Urban moved to obtain the appraisal. Ms. Hill seconded and the motion carried unanimously.

Mr. Urban moved to order the title report. Ms. Hill seconded and the motion carried unanimously.

(2) Cable Access Channel (TelVu) - Mr. Totaro is still doing fact finding on this matter. TelVu can provide some content and can upload information. There is a one time fee of $2900. with a monthly fee of $100. Mr. Wagner suggested looking into another web site to consider: classicartsshowcase.org. It is a free service with PowerPoint capability.

(3) Gateway Park Update - Mr. Totaro reported that he had met with Simone Construction and there will be a series of three meetings with an overseeing committee. It was suggested that one Borough Council representative should attend these meetings. Mr. Urban offered to work with the group, oversee the ongoing phases and apprise Borough Council of the bidding process and conceptual designs.

(4) Code Department fee schedule (minimum fee) - The proposal is to waive the threshold level for which residents do not pay for a permit (from $350 to $500). Additionally, no permit or fees would be required for windows and doors regardless of costs. Mr. Totaro will be getting additional information on the annual budgetary effect.

(5) Fence for Hayes Park - Parks and Recreation Board would like to replace with the same type of fence used at Reservoir Park. Cost would be $15,000 that includes a cyclone fence on the side. Work would not be done until spring of next year. Mr. Urban moved to advertise for bids. Ms. Coleman seconded and the motion carried unanimously.

(6) 2008 Budget - There was no discussion.

(7) 2004 Federal Tax Payments - Mr. Smith and Mr. Scott are gathering information regarding the $4500 IRS lien reimbursement to the Borough from Smith Barney.

(8) Property Maintenance Code: Ground Fault Circuit Interrupters - This item was omitted from the revised property code as being a required code item. A resolution will be presented at a future meeting to rectify the matter.

(9) Zoning Ordinance - President Wayne suggested having another future meeting to discuss ongoing issues.

(10) Historical Document Grant - Ms. Hill reported that a $15,000 matching grant application for funding is due by November 21st and asked permission to submit the application. Ms. Hill stated that a lot of the Borough's historical records are deteriorating and need to be preserved.

(11) Dunkin' Donuts - the discussion centered on the existing variances from the original agreement. Questionable items included: (1) number of ballards - agreement was for 7 and there are now 14; (2) awnings material - agreement called for fabric and it now looks like vinyl; (3) cornices - agreement called for wood and the present cornices look like painted styrofoam. A discussion followed regarding possible liability issues over removing the ballards, adhering to the standards previously discussed, responsibility of the Codes Department in matching the final versus proposed plans and perceptions of other businesses and future contractors. After further discussion a majority of Council members felt that the owner should be held to the original terms of the agreement. Mr. Urban voice his objection to adhering to the original terms regarding awning material and cornice appearances and felt the only major issue was possible safety concerns with the removal of the 7 ballards.

Action Items

1. Ms. Lustgarten moved to authorize payment of the bills for period. Mr. Wagner seconded and the motion carried unanimously.
2. Mr. Lee moved to accept recommendation by the HARB to issue a Certificate of Appropriateness to Aton's medical Supply, 19 N. Lansdowne Avenue. Ms. Coleman seconded. A discussion followed regarding design guidelines. Mr. Wagner felt that more details should be provided before voting, as several Council members did not have the information to review. Mr. Wagner moved to table the discussion. Ms. Lustgarten seconded. The motion failed with a majority "nay" voice vote. President Wayne then called for a roll call vote on the original motion. The motion carried 5-0 with Mr. Wagner and Ms. Lustgarten abstaining from the vote.
3. Mr. Lee moved to accept recommendation by the HARB to issue a Certificate of Appropriateness to Lansdowne Eye Assoc., 20 E. Baltimore Avenue. Mr. Urban seconded and a roll call vote was taken. The motion carried 5-0 with Ms. Lustgarten and Mr. Wagner abstaining from the vote.
4. Ms. Lustgarten moved to advertise the 2008 budget. Mr. Wagner seconded and a roll call vote was taken. The motion carried unanimously.

Executive Session - There were no items for executive session.

Adjourn - Mr. Lee moved to adjourn the meeting, seconded by Mr. Wagner. The motion carried unanimously. The meeting adjourned at 11:10 p.m.

Respectfully submitted,
 
Barbara Ann Henry
Borough Secretary