Palmyra Borough Council Meeting September 24, :00 PM

Transcription

1 Palmyra Borough Council Meeting September 24, :00 PM Borough Council President Jane Quairoli called the meeting to order at 7:00 PM in Council Chambers of the Palmyra Municipal Center, located at 325 S. Railroad St. Council members in attendance included Bob Longenecker, Travis Finkenbinder, and Gary Laudermilch. Also in attendance were Mayor Carpenter, Chief Stan Jasinski (Police), Solicitor Josele Cleary, Borough Manager Roger Powl, and Assistant Borough Manager Brenda Pera. Bob Dailey, Pat Hennessy, and Mark Smith were absent. Announcements Councilor Quairoli announced that Borough Council held an executive session at the conclusion of to the September 10 th Workshop meeting to discuss attorney client privilege matters and personnel issues as permitted by the Pennsylvania Sunshine Act. Any official action resulting from discussions held during the Executive Session will occur at an open public meeting. Public Hearing: Liquor License Transfer: Funck s Family Restaurant West Main Street. To open the public hearing and take public testimony. Motion by Bob Longenecker, second by Travis Finkenbinder. Motion passed. Councilor Quairoli called for public testimony. No testimony was presented. To end the taking of public testimony and close the public hearing. Motion by Travis Finkenbinder, second by Bob Longenecker. Motion passed. Corey Lamoureux from Reilly, Wolfson, Sheffey, Schrum and Lundberg, LLP asked to address Council regarding the liquor license transfer. Solicitor Cleary informed Council that the public testimony opportunity was opened and closed without comment. If Council is to allow Mr. Lamoureux to provide testimony, they will need to reopen the meeting to public comments. To reopen the public hearing and take public testimony. Motion by Travis Finkenbinder, second by Bob Longenecker. Motion passed. Mr. Lamoureux provided an overview of the request to transfer the liquor license. Solicitor Cleary advised Council that they have unfettered discretion to approve or deny the request. Gretchen Van Scyoc, 760 W Cherry Street, inquired if the hearing was properly advertised. Solicitor Cleary had proof of publication for advertisements on September 9, 2013 and September 16, 2013, which met the requirements for advertising the hearing. To end the taking of public testimony and close the public hearing. Motion by Travis Finkenbinder, second by Bob Longenecker. Motion passed. Council discussed the issues relating to the request and the benefits to the community. Council agreed that Funck s Family Restaurant has been a member of the community for many years and would like to see them continue their business in the community for many more years. To adopt Resolution # , approving the request of Funck Brother s Enterprises, Inc. for an intermunicipal transfer of a liquor license in the form presented at this meeting. Motion by Bob Longenecker, second by Travis Finkenbinder. Motion passed. Public Comments Maddie Reed, 221 E. Hazel Street, inquired about the CVS plan and if Council is planning to allow them to build on the corner of East Main and North Forge Streets. She is concerned because Council stated previously that they didn t want a CVS on that corner, but the plan is on the agenda for approval. Councilor Quairoli responded that the initial comments were concerns for how a CVS would fit on a very busy corner, but they have met all the requirements that have

2 Page 2 of 8 been established and Council must take action on the plan. Ms. Reed also stated that she supports the community signs located on the Klick-Lewis parking lot and thinks the Borough should allow them to remain. Angela Reiner, 52 E. Main Street, reported that the Borough removed a storm drain in the alley behind her property and regraded the alley and she now has water damaging her property. She would like the Borough to put the storm drain back into the alley since she never had any problems prior to these changes. Mr. Powl stated that the Borough s engineer is working on the design of a drain system that will direct storm water from the alley to Chestnut Street. Solicitor Cleary advised Council that the Borough is only responsible for water on Borough property or streets, not water on private property. Jerry Musser, 40 E. Main Street, supported the concerns of Ms. Reiner because he has problems with storm water on his property since the drain was removed. Councilors Laudermilch & Finkenbinder requested Rettew s plans be available for discussion at the October 8 th Workshop meeting. Consent Calendar The following agenda items will be acted upon by a single motion, unless a member of Borough Council wishes a specific item to be voted on separately: a. Approve the minutes of the August 27, 2013 Borough Council meeting. b. Approve the minutes of the September 10, 2013 Borough Council Workshop meeting. c. Approve payment of all bills listed on the August 2013 Bill s List. d. Approve the Treasurer s Report for the period August 1 through August 31, 2013: General Refuse Sewer Capital Reserve Liquid Fuels YTD Revenue $2,129,875 $613,474 $1,286,414 $4,765,395 $149,054 YTD Expenses $1,541,966 $430,242 $1,322,496 $ 580,723 $ 36,967 Difference $ 587,909 $183,233 $ (36,082) $4,184,672 $112,087 Balance $1,565,624 $319,597 $ 611,7912 $4,593,218 $297,698 Special Sewer Library Police Health Care Town Square Reserve Joint Fire Apparatus YTD Revenue $ 250,025 $ 27,038 $ 274 $ 24 $ 40,107 YTD Expenses $ 571,477 $ 27,300 $ 8,039 $ 0 $ 0 Difference $(321,452) $ (262) $ (7,765) $ 24 $ 40,107 Balance $2,295,653 $ 2,495 $ 146,280 $12,174 $160,806 To approve the consent calendar. Motion by Gary Laudermilch, second by Travis Finkenbinder. Motion passed. Action & Discussion Items a. CVS Pharmacy, LLC - Preliminary/Final Subdivision & Land Development Plan:

3 Page 3 of 8 Mark Stanley from Hartman Underhill & Brubaker LLP, outlined the subdivision process to date. Joel Dellicarpini, Bohler Engineering reviewed the modifications that they were requesting on the plan as outlined by the Borough engineer. I move that Borough Council grant waivers from the requirements of Subdivision and Land Development Ordinance Sections E to allow submission of a combined preliminary/final plan; C(1) concerning surveys of topography; C(1)(a) concerning dedication of additional rights-of-way along the Route 422 and North Forge Road frontages; D(3)(c) to allow the placement of a driveway within 600 feet of an intersection; O(4) to allow the right-of-way width for North Avenue to remain at its current width; B to allow parking spaces to be 9 feet by 18 feet; and D to allow a parking aisle with a 22 feet and, having granted such waivers, grant approval of the Preliminary/Final Land Development Plans CVS/Pharmacy Store No , prepared by Bohler Engineering, Job No. P120104, dated July 15, 2013, last revised September 12, 2013, with such waivers and plan approval subject to the following conditions: 1. Applicant shall comply with all conditions in the Zoning Hearing Board decision dated July 3, 2013, at Case No Applicant shall record a deed with a perimeter legal description for the single lot to be created within 30 days after the release of the Plan for recording and shall provide the Borough with evidence that such deed has been recorded. 3. Applicant shall provide the Borough with confirmation that the storm water management easement over lands of others shown on Sheet 6 of the Plan has been executed and recorded prior to the release of the Plan for recording. 4. Prior to the release of the Plan for recording, Applicant shall provide an executed Storm Water Management Agreement and Declaration of Easement in a form acceptable to the Borough Solicitor, which shall include a joinder by any entity holding a mortgage against the land of Pennsylvania CVS Pharmacy, LLC. Such Storm Water Management Agreement shall include provisions placing the long-term maintenance responsibility for storm water management facilities installed within the right-of-way of the Pennsylvania Department of Transportation on the owner of the lot to be created by the Plan. 5. Prior to the release of the Plan for recording, Applicant shall provide an agreement from the title company handling settlement, in a form acceptable to the Borough Solicitor, to insure that the Storm Water Management Agreement is recorded after the deeds in to Pennsylvania CVS Pharmacy, LLC and before any mortgage. 6. Prior to the release of the Plan for recording, Applicant shall demonstrate compliance with all applicable federal and state permitting requirements including, but not limited to, a highway occupancy permit and an NPDES permit. 7. Applicant shall provide evidence of approval of the erosion and sediment control plan prior to the release of the Plan for recording. 8. To the extent not otherwise provided in these conditions, Applicant shall address the comments of the Borough Engineer s review letter dated September 20, To the extent not otherwise provided in these Conditions, Applicant shall furnish financial security of the type, in the amount, and at the times required by the MPC. 10. Applicant shall reimburse the Borough for all reasonable engineering and legal fees incurred in the review of plans under the Subdivision and Land Development Ordinance, Storm Water Management Ordinance, and other governing ordinances; review or preparation of documentation required in connection with the 11. development; review and approval of financial security and other documentation; inspection of improvements; and for other costs as set forth in these Conditions within 45 days after receipt of an invoice for such fees. If Applicant fails to pay such costs within 45 days after the date of a written invoice for such costs, Applicant shall be in violation of this Condition unless the Applicant exercises its rights under

4 Page 4 of 8 Section 503(1) of the MPC to dispute review fees in which case payment of the review fees will be governed by said section of the MPC. Motion by Bob Longenecker, second by Travis Finkenbinder. Motion passed. b. Sheetz - Preliminary/Final Subdivision & Land Development Plan: Ron Lucas from Stevens & Lee, outlined the subdivision process to date. Council discussed issues concerning the plan. I move that Borough Council grant waivers from the requirements of Subdivision and Land Development Ordinance Sections E to allow submission of a combined preliminary/final plan; C(1) concerning surveys of topography; C(1)(a) concerning dedication of additional rights-of-way along the Route 422, North Prince Street and North Duke Street frontages; D(3)(c) to allow the placement of a driveway within 600 feet of an intersection; D(3)(d) to allow two driveways to access Route 422; L(6) concerning provision of clear sight triangles; O(4) to allow the right-of-way width for North Avenue to remain at its current width; F concerning minimum curb radii and B to eliminate installation of street trees along North Duke Street; and waivers from the requirements of Storm Water Management Ordinance Sections 501.B.1 to eliminate the requirement to provide a minimum of one foot of freeboard above the design elevation of the rain garden; 501.C.3 concerning gutter flows along the curb lines of Route 422, North Prince Street and North Duke Street; 501.C.5 concerning matching of crown elevations of pipes with different diameters; and 501.C.6 concerning incoming and outgoing inverts within an inlet; and, having granted such waivers, grant approval of the Preliminary/Final Subdivision and Land Development Plan for Sheetz, prepared by Light Heigel & Associates, Inc., Drawing No. PA , dated July 7, 2013, last revised September 16, 2013, with all such waivers and plan approval subject to the following conditions: 1. Applicant shall comply with all conditions in the Zoning Hearing Board decision dated July 3, 2013, at Case No Applicant shall record a deed with a perimeter legal description for the single lot to be created within 30 days after the release of the Plan for recording and shall provide the Borough with evidence that such deed has been recorded. 3. Prior to the release of the Plan for recording, Applicant shall provide an executed Storm Water Management Agreement and Declaration of Easement in a form acceptable to the Borough Solicitor, which shall include a joinder by any entity holding a mortgage against the land of R. J. Sepco, Inc. Such Storm Water Management Agreement shall include provisions placing the long-term maintenance responsibility for storm water management facilities installed within the right-of-way of the Pennsylvania Department of Transportation on the owner of the lot to be created by the Plan. The language of the Storm Water Management Agreement shall be acceptable to the Borough Solicitor. 4. If Applicant will not take title to all of the land included within the Plan prior to the release of the Plan for recording, Applicant shall provide an agreement from the title company handling settlement, in a form acceptable to the Borough Solicitor, to insure that the Storm Water Management Agreement is recorded after the deed into R. J. Sepco, Inc. and before any mortgage. If Applicant will take title to all of the land included within the Plan prior to the release of the Plan for recorded, Applicant shall record the Storm Water Management Agreement prior to the release of the Plan for recording. 5. Prior to the release of the Plan for recording, Applicant shall demonstrate compliance with all applicable federal and state permitting requirements including, but not limited to, a highway occupancy permit and an NPDES permit. 6. Applicant shall provide evidence of approval of the erosion and sediment control plan prior to the release of the Plan for recording.

5 Page 5 of 8 7. To the extent not otherwise provided in these conditions, Applicant shall address the comments of the Borough Engineer s review letter dated September 20, To the extent not otherwise provided in these Conditions, Applicant shall furnish financial security of the type, in the amount, and at the times required by the MPC. 9. Applicant shall reimburse the Borough for all reasonable engineering and legal fees incurred in the review of plans under the Subdivision and Land Development Ordinance, Storm Water Management Ordinance, and other governing ordinances; review or preparation of documentation required in connection with the development; review and approval of financial security and other documentation; inspection of improvements; and for other costs as set forth in these Conditions within 45 days after receipt of an invoice for such fees. If Applicant fails to pay such costs within 45 days after the date of a written invoice for such costs, Applicant shall be in violation of this Condition unless the Applicant exercises its rights under Section 503(1) of the MPC to dispute review fees in which case payment of the review fees will be governed by said section of the MPC. Motion by Gary Laudermilch, second by Bob Longenecker. Motion passed. c Minimum Municipal Obligation (MMO) for Pension ing: 1. Uniformed (Police) Pension Plan: 2014 MMO = $10, Non-Uniformed Pension Plan: 2014 MMO = $270,717 To approve the Uniformed and Non-Uniformed Minimum Municipal Obligation for pension plan funding for the 2014 budget year. Motion by Travis Finkenbinder, second by Bob Longenecker. Motion passed. d. Resolution # Auditor Appointment for 2013 Audit: To approve Resolution # , a resolution appointing Brown, Schultz, Sheridan & Fritz to perform the annual Audit for year ending December 31, 2013 for a fee not to exceed $15,450. Motion by Bob Longenecker, second by Travis Finkenbinder. Motion passed. e. Resolution # Police Pension Plan Employee Contributions: To approve Resolution # , a resolution eliminating the required 5% employee contributions to the Police Pension Plan for calendar year Motion by Gary Laudermilch, second by Bob Longenecker. Mr. Powl informed Council that historically the Borough has not required contributions by the police officers. He stated that quick calculations of projected salaries show that a 2.7% contribution will cover the unfunded liability of $10,883. He also explained that every police officer is counted as two units for determining the annual State pension aid supplied by the Commonwealth versus one unit for each non-uniform employee and the Officer s may take issue with being required to contribute 5% of their pay when a lesser amount would cover the unfunded liability in the Police pension plan. Solicitor Cleary explained that Act 600 requires the police officers to contribute up to 5% of their salary towards the pension fund, but the Borough has the discretion to waive or reduce the contribution requirement each year. Councilor Laudermilch and Councilor Longenecker withdrew their motion and second respectively and authorized Mr. Powl to notify the police officers that they will be required to make the 5% contributions in 2014.

6 Page 6 of 8 f. Resolution # Sale of Borough Property (28 S. Lingle Ave): Mr. Powl explained the location of this vacant lot and that is was part of the improvements to 422 & Lingle Avenue. The original house on the property was demolished with the project and became property that is owned by the Borough. Council discussed the need to place a reserve amount on the bid. To approve Resolution # , a resolution authorizing the sale of 28 S. Lingle Ave by sealed bid with a minimum bid value of $0.00 and opening of bids to take place on October 22, 2013 in order for Council to take action at the Council meeting. Motion by Travis Finkenbinder, second by Bob Longenecker. Motion passed. Solicitor Cleary explained that she will need the Borough to provide her a legal description of the property from a surveyor prior to advertising the property for sale. g. SR 0422 Multi-Jurisdictional Signal System Agreement - Maintenance Cost Sharing Addendum: Council discussed their dissatisfaction with the length of time for the traffic lights to change on the north/south streets in the Borough. They asked Mr. Powl to inform the Lebanon County MPO again about their concerns. To approve the Cost Sharing Addendum to the Fully Executed Cooperative Memorandum of Agreement for the SR0422 Multi-Jurisdictional Signal System, describing maintenance responsibilities and cost sharing for the long term maintenance of the traffic signal system. Motion by Travis Finkenbinder, second by Gary Laudermilch. Motion passed. h. Road Closure Requests: 1. Palmyra Area School District - Possible 2013 District & State Championship Athletic Parades: To authorize the closure of the roads necessary to accommodate the following parade route for possible 2013 PIAA District & State Championships won by Palmyra athletics on the following dates & times: Girls Soccer = Saturday 11/2/13 at 6:00 p.m. (Dist); Friday 11/15/13 at 4:30 p.m. (State) Boys Soccer = Thursday 10/31/13 at 6:30 p.m. (Dist); Friday 11/15/13 at 4:30 p.m. (State) Field Hockey = Saturday 11/2/13 at 6:00 p.m. (Dist); Saturday 11/16/13 at 5:30 p.m. (State) Cross Country = Wednesday 10/23/13 at 6:00 p.m. (Dist); Saturday 11/2/13 at 3:30 p.m. (State) Girls Volleyball = Sunday 11/3/13 at 1:30 p.m. (Dist); Saturday 11/16/13 at 5:30 p.m. (State) Parade Route: Beginning at Palmyra High School; left onto Park Drive; continue north onto S. Railroad St; right onto E. Cherry St; left onto S. Harrison St; left onto Main St (US422); left onto S. College St; left onto W. Cherry St; Right onto S. Railroad St; bear left onto Park Drive; right into Palmyra High School. Motion by Travis Finkenbinder, second by Jane Quairoli. Motion passed. 2. Brethren In Christ Church Fall Fest: To authorize the closure of South Ave between S. Horstick Ave and Church Alley, and, W. Cherry St. between S. Horstick Ave and 641 W. Cherry St (Church Alley) on Thursday October 31, 2013 from 4:00-9:00 p.m. Motion by Travis Finkenbinder, second by Jane Quairoli. Motion passed. 3. Palmyra Area Heritage Association New Year s Eve Events:

7 Page 7 of 8 To authorize the closure of Main St from Chestnut St. to College St, and Railroad St. from North Ave. to Cherry St. on Tuesday December 31 st from 5 PM to 1 AM for New Year s celebration. Motion by Bob Longenecker, second by Jane Quairoli. Motion passed. Reports a. President s Report: President Quairoli did not have a report. b. Financial Statement: Council did not have any issues with the August 2013 financial statement. c. Fire Services Commission Report: The Commission did not meet due to the scheduled joint public meeting with Borough Council and North Londonderry Twp Supervisors on September 25 th beginning at 7:00 p.m. at the Palmyra High School Auditorium. That meeting will be to discuss the proposed new firehouse with the public. d. Library Board Report: Councilor Longenecker provided a copy of his report. e. Police/Mayor s Report: 1. Mayor Carpenter provided a copy of the August 2013 Monthly Police Report Trick or Treat Night: Upon recommendation from the Palmyra Police Chief, and the Lebanon County Police Chief s Association, Trick-Or-Treat Night shall be held in the Borough on Thursday October 31 st from 6-8 PM (with a rain date of Monday November 4 th from 6-8 PM) in conjunction with Countywide Trick-Or-Treat Night. Motion by Gary Laudermilch, second by Travis Finkenbinder. Motion passed. Mayor Carpenter also highlighted the efforts of the 250 th Brick/Block committee to raise funds for Fireman s Park improvements and the interest of the American Legion to assist in the area for a Veteran s memorial. f. Planning Commission: Borough Manager Powl announced that the next meeting is scheduled for Wednesday October 2, 2013 beginning at 7:00 PM. g. Recreation Commission Report: The September 2013 report was distributed. h. Solicitor s Report: Solicitor Cleary did not have a report. i. Zoning Hearing Board: Mr. Powl shared the results of the Monday September 16, 2013 Hearing N. Chestnut Street: Variances Requested: Sec A (Lot Area, Lot Width) = Denied 3-0 Sec G.2.B (Parking Space Setback to Side Property Line) = Denied 2-1 Both requested variances were denied on the basis that there was no hardship shown. j. Borough Manager s Report: 1. New Municipal Building Project: a. Mr. Powl distributed New Sign (Budgetary) Proposals for Council comments. Council indicated that they like the proposal provided by Superior Sign of Elizabethtown and asked Mr. Powl to work with them for a finalized design. The other proposals were from Horst Signs, Myerstown and Lititz Sign Company, Lititz. b. Mr. Powl reported that the stained concrete floor proposal for the entire building resulted in a cost add to the project. As a result, the only areas to be stained will be the Council

8 Page 8 of 8 Chambers, bathrooms, Lobby, Conference Room, and Police Locker areas. The rest of the floors will be covered with VCT tiles. 2. Mr. Powl reminded Council that the 2013 budget allotted for the replacement of Vehicle #15 (1998 GMC 10-ton Dump Truck) provided that state pension aid would be received in amounts similar to previous years. Mr. Powl indicated that PA State Borough s Association informed members that state aid would be paid in 2013 at the same rate as 2012, and that an increase will be made in He inquired if Council was still okay with purchasing the new dump truck and commented that this is the last piece of equipment that is in need of replacement for a number of years. Council authorized Mr. Powl to proceed with the purchase of the new dump truck. 3. Refuse Collection Alternatives for Apartment Units (Chap 20, Part 1, Section 8): Mr. Powl presented a request from Paul Kupprat, owners of 347 N Railroad Street regarding the Borough s rate for refuse dumpsters. His request is to change the refuse ordinance to allow apartment buildings with less than 24 rental units to use outside refuse services at a cheaper rate or adjust the refuse rates in large multi-family buildings. Council considered his request and opted to leave the ordinance as is. 4. Santa House: Mr. Powl stated that the Lion s Club is requesting permission to place the Santa House on the square the Saturday after Thanksgiving. However, the Winterfest committee has asked for the Santa House to be placed in the square and not opened until Santa is brought to town via the Christmas parade on December 7 th. Council considered both options and decided that the Lion s Club can bring the house to the square and have it open for Santa the Saturday after Thanksgiving. However, Council was split on the decision. Announcement Councilor Quairoli announced that Borough Council will conduct a public workshop meeting on Tuesday, October 8, 2013 beginning at 6:00 PM and the regular monthly meeting on Tuesday, October 22, 2013 beginning at 7:00 PM. Motion to Adjourn Councilor Quairoli adjourned the meeting at 9:45 PM by unanimous consent. Respectfully submitted, Roger E. Powl Borough Manager REP/blp