Palmyra Borough Council Meeting Monday, August 24, 2009 7:30 PM Borough Council President Keith Costello called the meeting to order at 7:30 PM. Council members in attendance included Bob Longenecker, J. Scott Bidding, Fred Carpenter, Pat Hennessy, Gary Laudermilch, and Mayor Mazzocca. Also in attendance were Borough Manager Roger Powl, Assistant Borough Manager Brenda Pera, and Solicitor Josele Cleary. Council Vacancy Appointment: President Costello announced that the Personnel Committee interviewed three prospective candidates, Jane Quairoli, Corinne Topper, and Bob Dailey, to fill the vacant Council position. He called for decision of the committee. Chairman Longenecker indicated that the committee had a three-way tie in choosing the new candidate. Hearing that, President Costello asked each committee member their opinion. Councilor Laudermilch reported that he originally supported Bob Dailey for the position, but after additional thought he decided to vote for Corinne Topper. Councilor Longenecker indicted his support for Jane Quairoli because of the backing she received from the Republican Party. He mentioned that the decision was difficult, but the Republican committee in Palmyra will be placing the name of Ms. Quairoli on the November ballot and it is likely she will be elected. Councilor Longenecker stated that under different circumstances, he would have supported Corinne Topper. Councilor Hennessy indicated his vote will be for Corinne Topper and expects that she will be placed on the November ballot by the Democratic Party. President Costello asked the remaining members of the Council for their opinion. Councilor Carpenter indicated his support for Corinne Topper based on her resume. Councilor Bidding stated that his impression of the best qualified candidate was based on the resumes and he supports Corinne Topper for the vacancy. President Costello mentioned that he supports Ms. Quairoli to fill the vacancy because there is a high probability that she will be elected in November. He called for a show of hands for support of Mr. Dailey. There were no votes for Mr. Dailey. President Costello called for a show of hands to support Jane Quairoli. Ms. Quairoli received two votes. President Costello called for a show of hands to support Corinne Topper. Ms. Topper received four votes. To approve Resolution #2009-23 appointing Corinne Topper to fill the Council vacancy created by the resignation of Councilor Kristine Warner. The appointee shall serve until the first Monday in January 2010, unless elected in the November General Election to serve a new two year term beginning on the first Monday of 2010. Motion by Gary Laudermilch, second by Pat Hennessy. Mayor Mazzocca administered the Oath of Office to Corinne Topper who then joined the meeting. Election of Officers: President Costello announced that Councilor Warner previously held the position of Vice President and since her departure he accepted nominations for Vice President. Councilor Carpenter nominated Bob Longenecker with a second by President Costello. Councilor Bidding nominated Pat Hennessy with a second from Gary Laudermilch. Councilor Hennessy nominated Councilor Carpenter for the position, but Mr. Carpenter refused the nomination. President Costello called for a show of hands in support of Councilor Longenecker. Mr. Longenecker received two votes. President Costello called for a show of hands for Councilor Hennessy. Mr. Hennessy received four votes. To appoint Pat Hennessy as the Vice President of Council. Motion by Scott Bidding, second by Gary Laudermilch. The Council recessed momentarily to have a group photograph taken for the 250 th Anniversary Book. Minutes Treasurer s Report To approve the minutes of the July 27, 2009 meeting. Motion by Bob Longenecker, second by Pat Hennessy. Mr. Powl presented a report on the June 30, 2009 progress of the Borough s finances. He reported the revenues seem to be on track with what was budgeted.
Page 2 of 6 To accept the Treasurer s Report as submitted and approve the bill list. Motion by Pat Hennessy, second by Fred Carpenter. Councilor Laudermilch inquired of the charges from Klick-Lewis. Mr. Powl reported that the administrative car was recalled and also in need of inspection. Klick-Lewis found that the horn did not work, but had to replace the entire air bag and sensor in order to fix the problem. The cost of the replacement parts were around $800. Citizens in attendance Deborah Griffin, 324 E. Cherry St, Palmyra Elaine Davis, 814 E. Oak St, Palmyra Corinne Topper, 230 E. Maple St, Palmyra Pat Waybright, 33A-39 N. Railroad St, Palmyra Don Klees, 961 E. Maple St, Palmyra Bonnie Keller, 991 E. Maple St, Palmyra Susan Williams, 170 W. Walnut St, Palmyra Bob Dailey, 109 W. Orchard Drive Chris Sholly, Lebanon Daily News Barb Miller, Patriot News Public Comments Pat Waybright commended the Anniversary Committee for the success of the car show. She also informed Borough Council that there is great concern over the kids riding their bicycles on the sidewalk in the business district. She reported that several of her customers were almost hit by kids on bikes. She asked the Mayor to get the police department to patrol the area. Elaine Davis was representing PABA in regards to the PalmyraFest event scheduled for September. She reported that Council tabled their request for a banner across Rt. 422 at the square due to a potential conflict with the 250 th Anniversary Committee. She has had conversations with Jay Armold about the banner and sharing resources for this purpose. The banner resolution is on the Council agenda again and she assured them that the two organizations have come to an agreement on how to proceed with the hanging banners. Susan Williams presented a letter to Council and asked them not to create more noise and lights with the new building being considered. She indicated that her quality of life has suffered since the school district erected the lights and added a PA system at the track. She is concerned that a new building housing the fire department will add to the noise. Beth Griffin addressed Council concerning the sidewalk program that was implemented a few years ago. She was made to repair her sidewalk, but her neighbors were not held to the threats that the Borough made for non-compliance. Council President Costello asked staff to add this issue to the Public Works Committee agenda. Bob Dailey inquired about the cemetery and the Foltz litigation. Solicitor Cleary responded that the cemetery is in discovery and the Foltz litigation has been settled. He also commented that if the Borough is having trouble with bicyclists they should consider adding bike lanes to the roads. Don Klees stated that the residents on East Maple Street are once again disturbed by the Member 1 st construction. They removed the line of trees between the Member s 1 st property and the Shaffer-Erb tract and now he can see the shopping center from his windows. He inquired about the stormwater system. Council President Costello informed Mr. Klees that the Borough does not have control over PennDOT and Member s 1 st will need to continue working with them. Mr. Klees reported that GLRA had a good 50 th anniversary celebration.
Page 3 of 6 Committee / Commission / Board Reports a. 250 th Anniversary Committee Report: Councilor Hennessy gave a report on the upcoming events and thanked the police department for their support during the car show. b. President s Report: President Costello announced that the Lebanon County Convention for Elected Officials will take place on October 15 th at Quality Inn, Lebanon. He also indicated that Council should be watching HB 1858 regarding the auction of sales tax and property tax. c. Finance Committee Report: President Costello reported the committee recommends the following motions: To adopt Ordinance #709, an ordinance required, in accordance with the Intergovernmental Cooperation Act, for the Borough to enter into an intergovernmental cooperation agreement with the City of Harrisburg and other local government units to utilize Benchmark Energy Solutions, Inc. as an energy purchasing consultant. Motion by Fred Carpenter, second by Scott Bidding. To authorize the Borough Solicitor to prepare and advertise a modification to Chapter 18, Section 38 (Sewage Disposal Liens, Delinquent Sewer Rentals, and Penalties), and Chapter 20, Section 34 (Solid Waste Collection Procedure), of the Code of Ordinances of the Borough of Palmyra, to change the penalty charges for bills not paid within 30-days of the invoice date, as follows: 1) A 1.5% penalty will be charged to bills not paid within 30-days of the invoice date; 2) A 6% penalty will be charged to bills not paid within 60-days of the invoice date, and; 3) A 10% penalty will be charged to all bills not paid within 90-days of the invoice date. Motion by Bob Longenecker, second by Pat Hennessy. d. Fire Services Commission Report: Commission did not meet in August. e. Library Board Report: The Board did not meet in August f. Police/Mayor s Report: Mayor Mazzocca made the following report: Incidents Received 344 Accident Reports 135.00 Patrol Miles 4318 Bicycle Licenses 1.00 Criminal Arrests 18 Borough Ordinance Violations 150.00 Non-Traffic Citations 21 Clerk of Court Fines 1290.34 Traffic Citations 50 Criminal Mischief Violations 147.22 Parking Tickets 54 Disorderly Conduct 91.44 Written Warnings 12 Dog Law (Detention Fee) 30.00 Training Seminars 0 Fingerprinting Fee 50.00 Community Relations 3 Harassment Violations 220.50 Parking Tickets 690.00 Public Drunk. Violations 30.58 Underage Drinking Violations 27.37 Vehicle Code Violations 1735.61 Total 4599.06 The Mayor also reported that the Civil Service Commission met and reviewed the Rules and Regulations. The Commission is recommending changes to Section 4.1, and Section 4.8 which pertain to the number of candidates on which to conduct background investigations. The current rules require investigations on all the candidates. The Commission is recommending investigations be conducted on the top 5 candidates. The Commission is also recommending changes to Section 4.7 which pertains to the required physical agility testing. The changes will bring the rules to current standards and eliminate any ADA violations. To approve Resolution #2009-25 to amend Sections 4.1, Section 4.7, and Section 4.8 of the Civil Service Rules & Regulations. Motion by Bob Longenecker, second by Scott Bidding.
Page 4 of 6 President Costello indicated his concern that the change in the number of candidates that require background investigations will restrict the Borough from conducting them on additional candidates. Solicitor Cleary added verbage to the Resolution to eliminate any potential restrictions. g. Planning Commission: Borough Manager Powl reported that the Planning Commission is recommending the following motion for approval: To authorizing the sewer-planning module for the proposed Macintosh Crossing development be forwarded to the Pennsylvania Department of Environmental Protection for review and approval. Motion by Pat Hennessy, second by Fred Carpenter. Mr. Powl indicated that Council Warner s resignation created a vacancy on the Planning Commission. He reported that David Tyndall who serves on the Zoning Hearing Board is interested in sitting on the Planning Commission. To appoint David Tyndall as a member of the Palmyra Planning Commission and serve the remainder of Kristine Warner s term, which shall expire 12/31/2011. Motion by Bob Longenecker, second by Fred Carpenter. h. Police-Personnel Committee Report: Councilor Longenecker reported that the committee considered several items and made the following recommendations for approval: To adopt Ordinance #710, an ordinance amending the Code of Ordinances of the Borough of Palmyra, Chapter 15, Motor Vehicles & Traffic, to prohibit the use of engine brake retarders on certain identified streets within the Borough. Motion by Scott Bidding, second by Gary Laudermilch. Councilor Carpenter asked if the entire length of East Broad Street and West Broad Street can be added to the ordinance. Solicitor Cleary indicated that any road can be added to the ordinance at the approval of Council. Councilor Bidding and Laudermilch agreed to amend their motion to include the entire length of East Broad Street and West Broad Street To authorize the Borough Solicitor to prepare and advertise an amendment to Chapter 15, Motor Vehicles & Traffic, Section 16 (Stop Intersections Established), to establish a new stop intersection and post the appropriate signage for northbound and southbound traffic at the intersection of East Arch St. and the un-named north-south alley between North Lincoln St. and N. Chestnut St. Motion by Pat Hennessy, second by Fred Carpenter. To approve the parade route and necessary road closures for the annual Palmyra Homecoming Parade, scheduled for Friday October 2, 2009 beginning at 6:00 p.m. in front of the Palmyra Middle School. Motion by Scott Bidding, second by Pat Hennessy. To authorize the closure of South College St. from West Main Street to West Arch St. on Thursday October 8, 2009 from 6:30 p.m. until 8:30 p.m. for the Citizen s Fire Co. Open House as part of National Fire Prevention Week. Motion by Pat Hennessy, second by Scott Bidding. i. Public Works Committee Report: The committee did not meet in August.
Page 5 of 6 j. Recreation Commission Report: President Costello reported that the Recreation Commission has asked each of the three municipalities for a formal review of an agreement to be considered at the September Council meeting. Solicitor Cleary commented on the following items concerning the agreement. The Borough will need to pass an ordinance to approve an intergovernmental agreement. Section 2.b.5 of the agreement in which it refers to the executive committee being the tie breaker, but the rest of the agreement does not make reference to an executive committee. She recommended that the executive committee needs to be specified in the agreement. Paragraph C allows for alternates for the governmental members, but not for citizen members. The Commission should allow for both types of members to have alternates. She also advised that the Recreation Commission uses the school district s fiscal calendar rather than the calendar year. Although it shouldn t make any difference provided the municipalities are in agreement. President Costello indicated that the Recreation Commission sets their budget and it allows the municipalities to know in advance the priorities established by the Commission. President Costello asked Council to review the agreement and plan to authorize the Solicitor to prepare and advertise an ordinance at the September meeting. Solicitor Cleary indicated that the effective date for the agreement is January 1, 2010, so there is time to prepare and advertise prior to the effective date. k. Sanitary Sewer Committee Report: Committee did not meet this month. l. Solicitor s Report: Solicitor Cleary did not have a report. m. Borough Manager s Report: Borough Manager Powl asked the Borough Council approval on the following: Resolution #2009-20 (Banners Placed Above State Route 422): To approve Resolution #2009-20 designating the Borough s intent to allow banners across SR 422, specifying conditions set by the Pennsylvania Department of Transportation, and permitting the Palmyra Area Business Association install the banners under the conditions stipulated. Motion by Fred Carpenter, second by Pat Hennessy. Councilor Carpenter questioned the liability if the banner would fall on a car after it was hung. Solicitor Cleary indicated that the Borough, while probably not liable, would be sued anyway even though the Borough does not own, operate, or is installing the banner. She mentioned that the Borough is insures and the insurance coverage includes defense against lawsuits. Resolution #2009-24 (Sale of Borough Vehicles & Equipment): To approve Resolution #2009-24 approving the sale of the listed Borough vehicles and equipment based upon public bids opened and read aloud on August 17, 2009. Motion by Pat Hennessy, second by Bob Longenecker. School Zone Traffic Signals - Bid Award: To approve the awarding of a contract in the amount of $30,452.00 to Ronald R. Herr Traffic Signals, Inc., 19 Truman Street, Palmyra, PA, for the installation of solar powered flashing school zone warning signs along N. Grant St. & E. Spruce St. at Northside Elementary School, and along W. Pine St. & S. College St. at Pine Street Elementary School. Motion by Pat Hennessy, second by Bob Longenecker. President Costello inquired of the completion date for the project. Mr. Powl indicated that once the project is started it should only take 90 days. Motion Carried
Page 6 of 6 Other Business: Regional Comprehensive Plan Update: Mr. Powl reported that the comprehensive plan committee met and discussed Chapter 5 regarding existing land use. The Borough has mixed use and will need to address this issue in the future. 422 & Lingle Avenue: Mr. Powl informed the Council that the first Board of View hearing is scheduled for one of the properties that were not settled. The engineer drawings provided to the Board of View were from PennDOT and are difficult to determine the area to be taken. A request was received for a new drawing. Mr. Powl stated that the individual doing the project design for Buchart Horn, the engineering firm on the project, is no longer employed with the company. Buchart Horn is requesting the Borough to sign an agreement for limited professional services in order to have new drawings created for the Board of View hearing. Mr. Powl indicated that Solicitor Cleary reviewed the agreement and she commented that the agreement is fairly standard. The agreement is for time and material not to exceed $5,000. The funds to cover the costs would come from the TIF account. Solicitor Cleary mentioned that PennDOT drawings can be very busy and the Borough may not want to confuse the Board of View because it could cost the Borough more money. To authorize the Borough Manager to enter into an agreement with Buchart Horn for limited professional services. Motion by Fred Carpenter, second by Bob Longenecker. Councilor Hennessy mentioned that the 250 th Anniversary committee was approached about a donation of a caboose and wanted to know if the Borough would accept the donation. Councilor Carpenter inquired how the Borough was progressing on the fence on East Main Street. He is concerned because it is a safety issue. Mr. Powl commented that this is the problem on relying on the county for enforcement of zoning issues. The county office does not have the staff to police these types of issues, but because they are the Borough s zoning officers, the Borough must refer these issues to that office. Council President Costello announced the next regularly scheduled Borough Council meeting will be held on Monday, September 28, 2009 beginning at 7:30 p.m. Motion to Adjourn Motion to Adjourn was made by Fred Carpenter, second by Pat Hennessy. The meeting adjourned at 9:00 PM. Respectfully submitted, Roger E. Powl Borough Manager REP/blp