PENNSBURG BOROUGH COUNCIL
Reorganization and Regular Meeting
January 4, 2010 – 7:00 P.M.

The meeting was called to order at 7:00 P.M. by Mayor Ethel G. Ritchey.  Mayor Ritchey led with the Pledge of Allegiance.

Mayor Ritchey gave the Oath of Office to the newly elected Borough Council Members: William C. Clinton, Douglas K. Landis, John K. Lear, Vicki J. Lightcap, Bruce Lord and Michael Mensch.

Mayor Ritchey led the nominations for Council President, Vice President and President Pro Tem. 

Office of Council President – Councilor Lear was nominated by Councilor Clinton and seconded by Councilor Mensch.  Nominations were closed. Councilor Lear was elected Council President, unanimously.

Office of Council Vice President – Councilor Mensch was nominated by Councilor Lord and seconded by Councilor Lightcap.  A Roll Call vote was taken with the following results:

Voting for Michael Mensch as Vice President - Councilors Lord, Lightcap and Mensch voted Yea.  Councilors Clinton, Landis and Lear voted Nay.  Mayor Ritchey voted with a Yea vote to break the tie. Nominations were closed. Councilor Mensch was elected Council Vice President.

Mayor Ritchey turned the meeting over to the newly elected Council President,  John Lear.

President Pro Tem – Councilor Lord was nominated by Councilor Mensch and seconded by Councilor Lightcap.  Nominations were closed.  Councilor Lord was elected President Pro Tem, unanimously.

Vacancy Board Chairman – Phyllis Bittenbender was elected with a Motion by Clinton, seconded by Mensch and unanimous.

Public Comment Period – No comments.

One year appointments:

Secretary/Treasurer – A Motion was made by Clinton, seconded by Mensch and unanimous to appoint Jeanne W. Hopkins.

Legal Counsel – A Motion was made by Clinton, seconded by Lightcap and unanimous to appoint the law firm of Garner & Bauer.

Borough Engineer – A Motion was made by Clinton, seconded by Lord and unanimous to appoint the engineering firm of Czop/Specter, Inc.

Auditor – A Motion was made by Clinton, seconded by Mensch and unanimous to appoint the firm of Styer and Associates, Inc.

Fire Marshal – A Motion was made by Lord, seconded by Clinton and unanimous to appoint Joseph Sink.

Depository – A Motion was made by Lightcap, seconded by Lord and unanimous to designate Wachovia Bank as the depository.

Zoning Hearing Board – No Letters of Interest were submitted to fill the two vacancies.  Borough Council will continue to seek residents to serve.  The board can still function with only two members.

Planning Commission – Deanna Lear has respectfully declined reappoint to the commission. 

Councilor Lear’s term on the board expired as of 12/31/09.  A Motion was made by Mensch, seconded by Lord and unanimous to reappoint John Lear to the Planning Commission for a four year term. 

A resident is needed to fill a vacancy on the board.

Borough Council would be interested in filling all seats with residents who are not elected officials.

2010 Council Meeting Dates and Times

A Motion was made by Lightcap, seconded by Clinton and unanimous to authorize the advertisement of the following meeting dates:  January 4, February 2, March 2, April 6, May 4, June 1, July 6, August 3, September 7, October 5, November 9 and December 7.

Resignation from Borough Council – Ethel Ritchey’s resignation from Borough Council was accepted with a Motion by Clinton, seconded by Mensch and unanimous.

Upon the resignation of Councilor Ritchey, a vacancy on borough council has been made.  A Motion was made by Clinton, seconded by Lord and unanimous to authorize the Secretary to advertise for Letters of Interest to fill the vacancy.

Consent Agenda
A Motion was made by Clinton, seconded by Mensch and unanimous to approve the Minutes of the December 1^st and 15^th Council Meetings, the December Treasurer’s Report and Falk Funeral Home’s request for Pennsburg Fire Police Services in 2010.

Correspondence
A Thank you note from Jeanne Hopkins for everyone’s kind expressions of sympathy.

Electric Service - President Lear reported Pennsburg Borough signed a one-year contract with Constellation New Energy for 8.4778 cents per kilowatt hour as opposed to the PPL rate of 10.63 cents.  The savings is 20.2%.

OLD BUSINESS
BYOB Ordinance draft
Councilor Lightcap asked if the ordinance supersedes the rules of a lease agreement with the landlord.  The Solicitor answered yes.

Solicitor Garner summarized the concept and intent of the ordinance.  The ordinance attempts to regulate establishments/restaurants who would permit the BYOB and the borough would license those businesses.  The license would be renewed yearly. 

Council Members discussed what an appropriate time of the day would be for a BYOB and decided on 4 P.M. to 10 P.M.

Violations or disturbances at the establishment will be limited to two police calls within six months.

The Solicitor asked for Council Members to review the draft ordinance and forward any comments to his office.  Chief Devlin will be given a copy of the draft ordinance for his review and comment.

The ordinance will be discussed again at the February 2^nd meeting.

NEW BUSINESS
The Pennsburg Fire Co. #1 was recognized and officially accorded the status as a volunteer fire company by Resolution.  A Motion was made by Clinton, seconded by Mensch and unanimous to adopt the Resolution.  The Secretary was directed to contact the Fire Company to ask them to fulfill their obligation of providing a list of proposed 2010 List of Activities.

Randazzo Land Development – A Motion was made by Lightcap, seconded by Lord and unanimous to deny the Plan unless a Waiver Request is received by January 26, 2010 when the 90 days expires at which time an additional 90 day time period for review of the plan will be approved.

The Bills for Payment in January 2010 was approved with a Motion by Clinton, seconded by Landis and unanimous.

PSAB Newly Elected Officials Training – Three Council Members were authorized to attend the two day session on January 22 and 23 with a Motion by Lord, seconded by Clinton and unanimous.

Councilor Clinton announced that a community summit will take place on January 11^th at the Upper Perk School District’s education center from 11:30 a.m. – 1:30 p.m.  Lunch is provided.  It seems the non-profit organizations want to discuss their future resources of funding.  A Motion was made by Councilor Lord, seconded by Mensch and unanimous to send two borough council representatives to the summit.

Public Comment Period
Janet Albert, 779 Hunter Drive asked questions and added comments on the proposed BYOB ordinance.

Gerald Gabel, 509 Pottstown Avenue asked questions and added comments on the proposed BYOB ordinance.

Visitors
Will Hallman, John McMenamin, P.E. and Gary Gearhart were present this evening representing the proposed Still Water Development project on W. 8^th Street. 
Mr. Gearhart made a presentation on LEED – Leadership in Energy and Environmental Design.  This type of design is being considered for the development of the over-55 community.

8:44 P.M. Executive Session to discuss a personnel matter

9:29 P.M. The regular meeting reconvened.

President Lear proposed a new committee structure.  Council Members shared their thoughts and offered their ideas.  Councilor Mensch suggested a description of the committee’s duties put in writing to be of assistance to committee members.  The Secretary offered to compile the information.

There being no further business to come before the Borough Council at this time, the meeting was adjourned at 9:54 P.M. with a Motion by Councilor Lightcap.

Respectfully submitted,

Jeanne W. Hopkins
Administrative Manager/Secretary-Treasurer