Borough of Wyomissing Council Minutes

BOROUGH OF WYOMISSING – COUNCIL MINUTES

AUGUST 11,2015 –7:00 P.M.

Wyomissing Borough Council held its regular monthly meeting at Borough Hall on the above date.

Council President Frederick C. Levering called the meeting to order at 7:00 p.m. with the following persons present: Council Members Thomas M. Moll, Daniel A. Phelps, Thomas M. Bausher,

D. Michael Forester, Mitchell R. Darcourt, William P. Murray, and Mayor John C. Woodward; Solicitor Christopher J. Hartman, Police Chief Jeffrey R. Biehl, Public Works and Property Manager James V. Babb, Consulting Engineer Kenneth L. Fulmer of Great Valley Consultants, and Borough Manager/Secretary Marti Hozey.

CALL TO ORDER:

Council President Levering called the regular meeting to order at 7:00 p.m. He announced that Council had just had an Executive Session to discuss items of personnel andlitigation.

PLEDGE OF ALLEGIANCE:

ROLL CALL:

VISITORS:

Mark Harman, Arro Engineering

Tom Haley, 103 Grandview Blvd.

Steven Haley, 103 Grandview Blvd.

Susan Larkin, 1544 Reading Blvd.

Barbara Reeser, Tax Collector

PUBLIC COMMENTS:

None

RECEIPT OF REPORTS: On motion duly made, seconded and passed, Council received all reports submitted for consideration.

COUNCIL MINUTES: On motion duly made, seconded and passed, Council approved the minutes of the regular meeting ofJuly 14, 2015.

CONSULTING ENGINEER’S REPORT: On motion duly made, seconded and passed, Council approved theConsulting Engineer’s report dated August 11, 2015.

POLICE CHIEF & MAYOR’S REPORT: On motion duly made, seconded and passed, Council approved the Police Chief & Mayor’s report ofAugust 4, 2015.

FIRE COMMISSIONER’S REPORT: On motion duly made, seconded and passed, Council approved the Fire Commissioner’s report for July 2015.

INFRASTRUCTURE COMMITTEE REPORT: On motion duly made, seconded and passed, Council approved the Infrastructure Committee report ofJuly 20, 2015

Councilmember Bausher reported on the following items which were recommended by the Infrastructure Committee for approval by Borough Council and were discussed:

ORDINANCE NO. 1372-2015:

AN ORDINANCE OF THE BOROUGH OF WYOMISSING, BERKS COUNTY, PENNSYLVANIA, AMENDING CHAPTER 11 “HOUSING”, PART 2 “RENTAL PROPERTY MAINTENANCE” TO ADD LETTER C. TO SECTION 201 ENTITLED “PERMITS REQUIRED; ISSUANCE” TO ALLOW FOR EXTENSION OF TIME OF PERMIT FOR COMPLIANT PROPERTIES, TO AMEND SECTION 203 ENTITLED “RE-INSPECTION” TO PROVIDE FOR REINSPECTION OF A PROPERTY AT WHICH CODE VIOLATIONS WERE NOTED DURING AN INSPECTION, TO AMEND SECTION 204 ENTITLED “PERMIT FEES” TO PROVIDE FOR A REINSPECTION FEE FOR LIFE AND SAFETY ISSUES AND FEE FOR FAILURE TO APPEAR FOR INSPECTION, TO RENUMBER SECTION 206 “VIOLATIONS AND PENALTIES” TO SECTION 208 ENTITLED “VIOLATIONS AND PENALTIES” AND TO ADD A NEW SECTION 206 ENTITLED “APPLICATION” TO PROVIDE THE MINIMUM REQUIREMENTS OF AN APPLICATION FOR A RENTAL PERMIT, TO ADD A NEW SECTION 207 TO BE ENTITLED “LEASE ADDENDUM” SETTING FORTH THE LANGUAGE TO BE ON AN ADDENDUM TO A LEASE ESTABLISHING THE LANDLORD AND TENANT’S DUTIES AND OBLIGATIONS AND TO ADD A PART 3 TO BE ENTITLED “DISRUPTIVE CONDUCT” PROVIDING THE BOROUGH REMEDIES UPON DETERMINATION OF DISRUPTIVE BEHAVIOR OF TENANTS OF A RENTAL PROPERTY, APPEALS OF DETERMINATIONS OF DISRUPTIVE CONDUCT, REPORTS, AND ENFORCEMENT PROCEDURES THEREFOR

Councilmember Bausher made a motion, seconded by Councilmember Forester to approve Ordinance 1372-2015, the Rental Inspection, Permit and Disruptive Conduct Ordinance for advertising, all in favor, 7-0.

Councilmember Bausher made a motion, seconded by Councilmember Murray to approve Application for Payment No. 1, in the amount of $168,750.90 to Reamstown Excavating for the Penn Avenue curbing work, all in favor, roll call vote, 7-0.

Councilmember Bausher made a motion, seconded by Councilmember Darcourt, to approve Application for Payment No. 1, in the amount of $227,031.84 to H&K Group Inc., for the 2015 Street Work, all in favor, roll call vote, 7-0.

Councilmember Bausher made a motion, seconded by Councilmember Murray, to authorize Borough Staff to send an official notice to Vanity Fair requiring the loop detector at the intersection of Van Reed and North Park Road be repaired, all in favor, 7-0.

Councilmember Bausher made a motion, seconded by Councilmember Murray, to authorize the Borough Solicitor to send a counter proposal to UGI regarding the restoration work on several of the streets in the Wyomissing Hills section of the Borough where UGI has proposed new gas service, all in favor, 7-0.

PERSONNEL COMMITTEE REPORT: On motion duly made, seconded and passed, Council approved the Personnel Committee report of July 21, 2015.

Councilmember Moll reported on the meeting. There was continued discussion regarding the current “flex time” program by Borough Hall employees.

FINANCE & ADMINISTRATION COMMITTEE REPORT: On motion duly made, seconded and passed, Council approved the F&A Committee report of July 21, 2015.

Councilmember Phelps reported on the meeting. He said that Business Manager Phyllis Smith updated the Committee regarding the unbudgeted items that have occurred in 2015, as well as the carryover of expenses from 2014 that wasn’t billed or paid until 2015. The expected reserve fund usage of $615,000 for 2015 could amount to spending about $911,000 of the reserve funds in 2015.

The Library has requested that the Borough consider donating an additional $25,000 to the library for water drainage issues and landscaping replacement. The F&A Committee asked the Infrastructure Committee to discuss this further with a representative from the Library.

Borough Manager Marti Hozey recommended to the Committee that the Borough lock into electric rates with their current carrier, Constellation, which have decreased significantly.

Councilmember Phelps made a motion, seconded by Councilmember Moll, to authorize the Borough Manager to extend the current electric contract with Constellation until Dec. 2016 at lower rates than the Borough is now paying, all in favor, roll call vote, 7-0.

Councilmember Phelps made a motion, seconded by Councilmember Moll, to authorize the Borough Manager to sign a 5 year agreement with Transbeam for internet service at the same rate as the previously approved 3 year agreement, and with the same terms as before, roll call vote, 7-0.

FIRE & POLICE COMMITTEE REPORT: On motion duly made, seconded and passed, Council approved the Fire & Police Committee report of July 27, 2015.

Councilmember Moll reported on the meeting.

Councilmember Moll made a motion, seconded by Councilmember Bausher, to not pay the invoice received from the Township of Spring for $1,185.00 for a portion of the cost of the Wilson School District Resource Officer, all in favor, 7-0.

Councilmember Moll made a motion, seconded by Councilmember Bausher, to approve a new handicapped parking request at 1539 Delaware Avenue and that a Mayor’s Proclamation be created for it, all in favor, 7-0.

RECREATION DIRECTOR’S HIGHLIGHTS REPORT: On motion duly made, seconded and passed, Council approved the Recreation Director’s Highlights report for July 2015.

Councilmember Bausher reported on the summer activities that have been occurring.

ECONOMIC DEVELOPMENT COMMITEE REPORT: On motion duly made, seconded and passed, Council approved the Economic Development Committee report for July 30, 2015.

Councilmember Murray reported on the meeting. Jeff Hettinger, owner of JMH, Inc. and Viva Goodlife Bistro spoke to the Committee regarding Wyomissing Square. The Committee also discussed creating a new Borough Website with Shane and Janelle Paisley from Design Revolution. A second meeting was held with Janelle Paisley since then and a proposal will be submitted by Design Revolution.

Councilmember Murray also noted that there was an article in the Reading Eagle that and independent group said that Wyomissing Borough is the 9th best place to start a new business in PA.

PLANNING COMMMISSION REPORT: On motion duly made, seconded and passed, Council approved the Planning Commission report for August 3, 2015.

Councilmember Darcourt reported on the meeting. The Engineer representing the Berkshire Mall was at the meeting to discuss the plan for the Buffalo Wild Wings restaurant.

BOROUGH MANAGER’S REPORT:On motion duly made, seconded and passed, Council approved the Borough Manager’s report ofAugust 6, 2015.

Borough Manager Marti Hozey asked Council to authorize the Borough Solicitor to work with the Solicitor representing the future owner of the property at 84 Grandview Boulevard regarding monies due to the Borough before settlement can take place.

Councilmember Darcourt made a motion, seconded by Councilmember Murray to authorize the Borough Solicitor to work with the Solicitor representing the future owner of the property at 84 Grandview Boulevard regarding monies due to the Borough before settlement can take place, all in favor, 6-1, with Councilmember Murray voting no.

Marti also asked Council to approve the “mini cell tower” ordinance for advertising. She said that this ordinance has been reviewed, revised, and discussed for serval months.

ORDINANCE NO. 1371-2015:

AN ORDINANCE OF THE BOROUGH OF WYOMISSING, BERKS COUNTY, PENNSYLVANIA, TO AMEND THE CODE OF ORDINANCES OF THE BOROUGH OF WYOMISSING, CHAPTER 27 ENTITLED “ZONING”, PART 2 ENTITLED “DEFINITIONS”, SECTION 201 ENTITLED “SPECIFIC TERMS” TO DELETE TERMS AND DEFINITIONS RELATING TO COMMUNICATIONS TOWERS AND ANTENNAE AND ADD TERMS AND DEFINITIONS FOR WIRELESS COMMUNICATION FACILITIES, PART 5 ENTITLED “COMMERCIAL AND INDUSTRIAL DISTRICT REGULATIONS”, SECTION 510 ENTITLED “C-2 RETAIL COMMERCIAL DISTRICT”, SUBSECTION 513 ENTITLED “USES PERMITTED BY SPECIAL EXCEPTION”, LETTER H , SECTION 520 ENTITLED “I-1 OFFICE/RESEARCH PARK DISTRICT”, SUBSECTION 523 ENTITLED “USES PERMITTED BY SPECIAL EXCEPTION”, LETTER D AND SECTION 530 ENTITLED “I-2 LIGHT INDUSTRIAL DISTRICT”, SUBSECTION 533 ENTITLED “USES PERMITTED BY SPECIAL EXCEPTION”, LETTER C TO REMOVE COMMUNICATION TOWERS AND ANTENNAE AND ADD WIRELESS COMMUNICATION FACILITIES AS A PERMITTED USE BY SPECIAL EXCEPTION PER SECTION 623, PART 6 ENTITLED “GENERAL REGULATIONS”, SECTION 623 ENTITLED “REGULATIONS GOVERNING COMMUNICATIONS TOWERS AND ANTENNAS” TO DELETE THE REGULATIONS THEREIN FOR COMMUNICATIONS TOWERS AND TOWERS, TO RETITLE SECTION 623 FROM “REGULATIONS GOVERNING COMMUNICATIONS TOWERS AND ANTENNAS” TO “WIRELESS COMMUNICATIONS FACILITIES”, AND TO PROVIDE FOR REGULATIONS FOR WIRELESS COMMUNICATIONS FACILITIES IN SECTION 623, PART 6 ENTITLED “GENERAL REGULATIONS”, SECTION 624 ENTITLED “STANDARDS FOR COMMUNICATIONS TOWERS AND ANTENNAE AS SPECIAL EXCEPTIONS” TO DELETE THE REGULATIONS THEREIN FOR STANDARDS FOR TOWERS AND ANTENNAE AS SPECIAL EXCEPTION, TO RETITLE SECTION 624 FROM STANDARDS FOR COMMUNICATIONS TOWERS AND ANTENNAE AS SPECIAL EXCEPTIONS TO “CO-LOCATION OF WIRELESS COMMUNICATION FACILITIES” TO PROVIDE REGULATIONS FOR CO-LOCATION OF WIRELESS COMMUNICATION FACILITIES AND PART 10 ENTITLED “PUBLIC UTILITY EXEMPTION”, SECTION 1000 ENTITLED “PUBLIC UTILITIES CORPORATION EXEMPTED” TO EXCLUDE WIRELESS COMMUNICATIONS FACILITIES FROM THE EXEMPTION

Councilmember Moll made a motion to approve Ordinance # 1371-2015 for advertising, seconded by Councilmember Phelps, all in favor, 7-0.

TREASURER’S STATEMENT OF OPERATION: On motion duly made, seconded and passed, Council approved the Treasurer’s Statement of Operation and all financial statements.

Councilmember Phelps gave the report. He said that the financial “year to date” figures are right where they should be.

ACCOUNTS PAYABLE REPORT: On motion duly made, seconded and passed, Council approved the Accounts Payable Report outlining the following invoices paid:

General Fund $ 493,544.29

Road Fund 15,157.38

Water Fund 89,036.63

Sewer Fund 222,939.12

Refuse Fund 99,545.51

Liquid Fuels Fund 22,810.46

Total of all Funds $ 943,033.39

TAX COLLECTOR’S REPORT: On motion duly made, seconded and passed, Council approved the Tax Collector’s report for the month of July.

OTHER BUSINESS:

Council President Levering noted that the WBWA report from June 15, 2015 and the JMA report from June 8, 2015 were received and in the Council packets.

Council President Levering said that a second town hall meeting will be held by Borough Council on Wednesday September 30, 2015 at the meeting room of the Wyomissing Public Library.

Borough Counciladjourned at 7:55p.m.

Respectfully submitted,

Marti Hozey

Borough Manager/Secretary

Approved by:

Frederick C. Levering, President

Wyomissing Borough Council

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