Penndel Borough Council' Workshop Minutes  September 16. 2024  Council President John Stratz called the meeting to order at 7:30 p.m. with the Pledge of  Allegiance. Present at the Meeting Council President John Stratz Council' Vice President Barbara Heffelfinger Councilman Mark Moffa- - absent Councilman Bud Murphy Councilman Gary Nickerson Councilman Bob Winkler Mayor Tom Sodano Also present at the meeting Barbara Kirk, Solicitor, Hill' Wallack Marie Serota, secretary/rreasurer Council or Borough Announcements  Counciwoman Robin Valentis = via telecommunications  Mayor Sodano announced that October 4th is the Our Lady of Grace annual Blocktober Fest. They are always here tol help the borough out by using their school lot for the car show and also for community day, sO he would like everyone to come out and support them. Mayor Sodano said they now have the signed contract in place for Wildcats Football, which specifies that they are not to be parking inside the fence. Itis his understanding the borough manager also sent them al letter to reinforce that. The police department is technically not supposed to enforce ordinances, even though this is not an ordinance, it's a contractual obligation. It's private property and technically, not a street and it's not a moving violation. So, there's al bit of a conundrum on how they would enforce it. Council can specify how they would like such an agreement enforced and by whom. They could actually direct the police department tol be the ones to go down there when those vehicles are inside that fence and inform the people that they're in violation of their contract and explain that they have half an hour or whatever council would prefer, to move their vehicles or they would be towed. They need to have something in place sO that they aren't in a position where someone could contest Gary Nickerson asked if he reached out toi the head of either Wildcats organization and talked to them. Mayor Sodano said he did not. He asked the borough manager, who is the person who actually dealt with their representative ini the signing of the contract to have him acknowledge verbally and then give him in writing that it is part of their contract. If council decides he is the person to go and tell them, he has no problem with showing up there and explaining that the vehicles have to move. But council has to designate someone to enforce it. The contract was negotiated and signed by the borough manager, and they were informed, which puts them in violation of the contract. Gary said every year or two someone new is in charge. He thought maybe communication with them would be a good thing. Mayor Sodano said that Geoff has spoken tot them and gave it to them in writing. Gary asked if he had done anything to try to solve this problem. Mayor Sodano said it's actually not something that the mayor would do unless he was specifically asked to do that by the council. He asked how council wishes it to be enforced because obviously, they don't care. The fire marshal had to drag somebody down there because they decided to change the locks and didn't let anybody know, which rendered  the fact that technically, that's not within police jurisdiction.    the Knox Box key worthless, and they had no right to dot that. Bud Murphy asked if they are going to allow them to simply walk all over them and continue to create this unsafe situation or are they going to act on these illegal vehicles. He thinks they have been sufficiently informed both verbally by Geoff and in the contracti in writing. John Stratz suggested a cement baluster heavy enough to prevent being pulled out oft the hole but still could bei if emergency vehicles needed to get in. Barbara Kirk said she doesn't think they should make recommendations of any form of enforcement without first having seen the contract. It may have actual provisions in there as to what they do for enforcing it. They might just have to go to the judge for issuing fines ori it may be other types of mechanisms but without seeing the contract, she wouldn't recommend a unilateral decision as to how to enforce it until somebody looks at those contracts. They may have provisions as to how things can be enforced if somebody breaches it. Bud asked Barbara to look at the contract to see how they can enforce it. Gary said maybe they can have some flexibility saying unloading no more than 15 minutes for people dropping equipment off. Barbara said she will look at the contract and come up with a proposal of what to do for John Stratz announced that Our Lady of Grace is having their spaghetti dinner night for the  enforcement.  community on September 27th. Itis a free will donation.  Consent Item  MOTION BY GARY NICKERSON TO APPROVE THE MINUTES OF THE SEPTEMBER 3, 2024 COUNCIL MEETING. SECONDED BY BARBARA HEFFELFINGER. Motion carried 5-0-  1 abstention (Bob Winkler).  Reports President's Report contentious.  John Stratz reported that he will be attending a seminar on Thursday entitled "Truly Securing Your Polling Place Voter Safety." There are many rumors floating around that this will be John answered the question Jeff. Jones put in. He had asked if the manager ever checked the swings down at the rec because they need to be replaced. John said Geoff ordered them and Barbara Kirk reported that the day after the last meeting, she received notice that the judge issued his decision in the Darnley fence matter, and he dismissed and denied the appeal. It's now at the point where the property owner has to determine if they're going to appeal to the next level, which would be Commonwealth Court, but the judge upheld the Zoning Hearing Board's  they have been replaced. Solicitor's Report  decision. New Business  MOTION BY GARY NICKERSON TO ADOPT RESOLUTION: #2024-18 AUTHORIZING AND APPROVING Al MUNICIPAL GRANT PROGRAM APPLICATION TO THE REDEVELOPMENT AUTHORITY OF BUCKS COUNTY FOR PENNDEL-MIDDLETOWN EMERGENCY SQUAD ROOF-TOP HAVAC UNIT. SECONDED BY BARBARA HEFFELFINGER. All ayes, motion MOTION BY GARY NICKERSON TO ADOPT RESOLUTION #2024-19, AUTHORIZING AND APPROVING Al MUNICIPAL GRANT PROGRAM APPLICATION TO THE REDEVELOPMENT  carried.    AUTHORITY OF BUCKS COUNTY FOR PENNDEL FIRE COMPANY  RENOVATIONMODERNIZATION OF FIRE STATION 2ND FLOOR. SECONDED BY BUD MOTION BY GARY NICKERSON TO WAIVE PERMIT FEES FOR LB CONSTRUCTION ENTERPRISES FOR THE BALL COURT IMPROVEMENT PROJECT. SECONDED BY BOB MOTION BY GARY NICKERSON TO APPROVE CHANGE ORDER #1 TO THE BALL COURT IMPROVEMENTS AGREEMENT PROPOSING TO PRESERVE UP TO 70% OF THE EXISTING FENCE POLES AND FENCE RAILS WHERE THEY ARE IN GOOD CONDITION AND CHANGE THE FENCE FROM GALVANIZED TO BLACK VINYL COATED. ALSO CHANGE INSTALLATION OF THE NEW ASPHALT SURFACE AT A SLOPE OF 0.7% RATHER THAN 1.51%. THIS CHANGE ORDER WILL DECREASE THE CONTRACT PRICE Robin Valentis asked If this change came about through the engineer. John said ini the meeting with the contractor, he and Carol went down tot the park and looked at all the posts and there were only three there that were rusty enough that needed to be gotten rid of. The others were perfectly fine. They're going to paint them with black vinyl paint to match the fencing and they decided to change the fencing to remove that prison look to the place. Robin said black is more appealing. She asked about the slope because runoff is extremely important on any asphalt surface. John said it normally would be, except for a basketball court. Itwas determined that they had a little bit too much of a slope and it could conceivably deflect the ball. The new  MURPHY. All ayes, motion carried.  WINKLER. All ayes, motion carried.  $11,400.00. SECONDED BY BOB WINKLER.  changes are within specifications. All ayes, motion carried. Public Comment  Steve Lowe, Penndel Fire Co., said on behalf of the fire company, he just wanted to thank council for supporting the RDA Grant for them. Barbara Heffelfinger asked what they were doing with the renovations. Steve said it was 1980 to 1983 when it was renovated. They want to do the bathroom, flooring, and insulation up above the ceiling. Two years ago, they puti ini the grant for the roof, and they have some water damage from insulation up there. There are presently some bunks for bad weather, and they would like to have some kind of bunk room for MOTION BY BOB WINKLER TO. ADJOURN THE MEETING AT 7:56 P.M. SECONDED BY  the bad weather that will be approaching. GARY NICKERSON. All ayes, motion carried.  Submitted by:.  MDL Wnato Marie Serota, Secretary/Treasurer