Palmyra Borough Council Meeting Monday, May 23, :00 PM

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1 Palmyra Borough Council Meeting 7:00 PM Borough Council President Keith Costello 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, Jane Quairoli, Corinne Topper, and Pat Hennessy. Gary Laudermilch joined the meeting at 7:02 PM. Also in attendance were Mayor Fred Carpenter, Chief Stan Jasinski, Borough Manager Roger Powl, and Assistant Borough Manager Brenda Pera. Executive Session Announcement Councilor Costello announced that Borough Council held an executive session at the conclusion of the May 10th Meeting to discuss personnel issues as permitted by the Pennsylvania Sunshine Act. Any official action resulting from discussions held during the Executive Sessions will occur at an open public meeting. Public Comments Maddie Reed, 221 E. Hazel Street, asked why the Borough installed new alley signs. Mr. Powl replied that the Borough is in litigation over a named alley that didn t have a sign, so he asked the Highway Department to place signs at several of the alleys that are named. Borough Council will have to decide if they want to name the alleys that do not currently have names. Bob Fox, 325 Laudermilch Road, Hershey, expressed his disappointment with the rental registration ordinance being considered by Council. He told Council that he feels like he is being lied to because it was only supposed to be registration. 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 April 25, 2011 Borough Council meeting. b. Approve the minutes of the May 10, 2011 Borough Council Workshop meeting. c. Approve the Treasurer s Report for the period April 1 through April 30, 2011: General YTD Rev 1,364,063 YTD Exp 1,081,053 Sewer 421, ,805 Diff 283,010 (183,753) Bal 2,073,909 Capital Reserve Liquid Fuels 20, ,966 1, , ,026 Special Sewer Library 8,187 18, ,640 (144,453) 18,678 Police Health Care ,024 (1,863) Town Square Reserve Joint Fire Apparatus , , ,850 3,304,779 19, ,598 12,099 80,235 f. Approve payment of all bills listed on the April 2011 Bill s List. To approve the consent calendar. Motion by Pat Hennessy, second by Corinne Topper. Motion carried.

2 Page 2 of 5 Discussion & Action Items a. Ordinance #733 Earned Income Tax Settlement Agreement: To approve Ordinance #733 authorizing execution of an Intermunicipal agreement among Municipalities and School Districts within Lebanon County and the Lebanon County Earned Income Tax Bureau to settle claims relating to the collection and distribution of earned income taxes. Motion by Corinne Topper, second by Jane Quairoli. Motion carried. To authorize reimbursement of the appropriate parties for the costs of the legal advertising relating to the Earned Income Tax Settlement Agreement in an amount not to exceed 130. Motion by Jane Quairoli, second by Corinne Topper. Motion carried. b. Ordinance #734 Regulation of Pawn Shops & Second-Hand Shops: To authorize the Borough Solicitor to advertise Ordinance #734 regulating pawn shops and second-hand shops within the Borough. Motion by Bob Longenecker, second by Jane Quairoli. Council discussed how the penalty amounts for non-compliance are decided. Chief Jasinski responded that the Police Department issues the citation and the District Magistrate will decide guilt or innocence and establish the amount of penalty. Councilor Laudermilch disagreed with the amount of the penalty. Motion carried with a 4-2 vote. Councilor Laudermilch and Hennessy voted against the motion. c. Ordinance #735 - Rental Unit Registration Ordinance: d. Municipal Center Project: To authorize the Borough Solicitor to advertise Ordinance #735amending Chapter 13 (Licenses, Permits, and General Regulations) of the Code of Ordinances of the Borough of Palmyra to add a new Part 5 (Residential Rental Unit Regulation), to establish requirements for residential rental unit registration. Motion by Corinne Topper, second by Bob Longenecker Councilor Laudermilch expressed his concern that the motion is before Council when he was under the impression is was to be discussed at the next workshop meeting. Councilor Hennessy stated that the copy was just provided to Council and he was unable to review it. Councilor Costello asked Councilors Laudermilch and Hennessy to make changes to the language of the ordinance and provide this information to Council at the June Workshop meeting. Borough Council voted unanimously to defeat the motion, To approve a proposal from Beers & Hoffman, Ltd Shonk, Schwear & Associates Architecture in the amount of 15,900 for the schematic design and cost estimate of a new smaller, energy efficient, one-story municipal building, without a basement, that would accommodate the Borough Administration, Police Department, and possibly the Rec. Commission Office, and, an optional Multi-Purpose Room that could be added to the project if desired. Motion by Pat Hennessy, second by Bob Longenecker.

3 Page 3 of 5 Reports Councilor Topper recommended that the motion be changed to remove the one-story, without a basement, section to allow the architects to make the decision on what type of building would be best for the needs of the Police Department and Borough offices. Councilor Costello indicated that the terminology for a new smaller building is vague and does not have any parameters for the architects to meet. Councilors Hennessy and Longenecker agreed to withdraw their motion. To approve a proposal from Beers & Hoffman, Ltd Shonk, Schwear & Associates Architecture in the amount of 15,900 for the schematic design and cost estimate of a cost effective, energy efficient, municipal building, between 14,000 sq. ft. 17,000 sq. ft, that would accommodate the Borough Administration, Police Department, and possibly the Rec. Commission Office, and, an optional Multi-Purpose Room that could be added to the project if desired. Motion by Pat Hennessy, second by Corinne Topper. Motion passed by a 4-2 vote with Councilors Laudermilch and Quairoli voting against the motion. 2. To approve a proposal from Beers & Hoffman, Ltd Shonk, Schwear & Associates Architecture in the amount of 25,580 for the schematic design, cost estimate, creation of CAD drawings, forensic structural analysis, energy analysis, and code analysis of the existing municipal building to determine the cost & feasibility of renovating and reconfiguring the existing municipal building in a phased occupied building approach versus a temporarily vacated building approach for use by the Borough Administration, Police Department, and possibly Rec. Commission Office/Rec Room. Motion by Pat Hennessy, second by Corinne Topper. Motion carried. 3. To authorize the Borough Manager to transfer the necessary funds from the General to the Capital Reserve (Capital Construction Government Buildings) line item to expense the cost of the proposal(s). Motion by Gary Laudermilch, second by Bob Longenecker. Motion carried. a. President s Report: President Costello did not have a report. b. Cemetery Committee Report: Councilor Hennessy & Councilor Laudermilch reported that the Committee discussed the options of utilizing volunteers, or possibly work release prisoners, to maintain the cemetery versus hiring a private contractor to maintain the cemetery, as is the case with the Campbelltown & Swatara cemeteries. The Committee also believes that a new Cemetery Association should be formed. Councilor Costello suggested that the Committee work on creating new By-Laws for establishing a new Cemetery Association and then continue their work on minimizing cemetery maintenance costs on behalf of the Borough. c. Financial Statement: Council reviewed and discussed the April 2011 financial statement. d. Fire Services Commission Report: The Commission did not meet in May. e. Library Board Report: The Board will meet Tuesday May 24 th due to the Primary Election. f. Police/Mayor s Report: Mayor Carpenter provided a copy of the April 2011 Monthly Police Report.

4 Page 4 of 5 1. The Memorial Day Parade is scheduled for May 30, 2011 at 9:00 AM. The parade will form in the Municipal Center parking lot. The program is scheduled for 10 AM at the Middle School auditorium. The Mayor informed Council that a car will be available for each Councilor and he will need to know who will be riding in the parade. 2. Mayor Carpenter announced that the planning for Veteran s Carnival is right on schedule. The carnival will be held at Fireman s Park from Monday, June 6, 2011 through Saturday, June 11, Entertainment is planned for each night and is sponsored by local businesses. 3. Councilor Hennessy inquired about the legality of a vehicle parked on the street that has valid registration and inspection, but has not been moved in several months. Chief Jasinski informed Councilor Hennessy that the vehicle is legally parked. g. Planning Commission: Mr. Powl advised Council that the Palm Lutheran plan has been submitted and the goal is to approve it at the June Commission meeting. 1. Mr. Powl is working with North and South Londonderry Townships to hold a joint meeting in which to adopt the Regional Comprehensive Plan. 2. The next Meeting is scheduled for Wednesday, June 1, 2011 beginning at 7:00 PM. h. Recreation Commission Report: President Costello provided a copy of the May Recreation Director s Report. i. Solicitor s Report: Mr. Powl informed Council that Mr. Romanowski is continuing his lawsuit against the Borough and oral arguments will be held on June 24, 2011 at Lebanon County Court. j. Zoning Hearing Board: The hearing scheduled for Tuesday, May 7, 2011 had to be postponed because the Lebanon Daily News did not get the required second ad in the paper as originally requested. The hearing was rescheduled to June 8, k. Borough Manager s Report: Borough Manager Powl 1. Wastewater Pump Station Upgrade Project General Construction & Electrical Contract Bid Awards: a. To authorize Gannett-Fleming to issue a Notice of Contract Award and Notice to Proceed, contingent upon the approval of the required insurances and bonding from the following low bid contractors: General Construction: (586,405.00) Contractor: Blooming Glen Contractors P. O. Box 391 Blooming Glen, PA Electrical: (125,969.00) Contractor: J. B. Electric 201 N. Delaware Ave Minersville, PA Motion by Corinne Topper, second by Pat Hennessy. Motion carried. b. To authorize the Borough Manager and Council President to execute the contracts between the Borough and the contractors for the Wastewater Pump Station Upgrade Project. Motion by Pat Hennessy, second by Gary Laudermilch. Motion carried.

5 Page 5 of 5 Other Business 2. E. Cherry Street Sinkhole Repair Proposal: To approve the proposal by Hayward Baker in the amount not to exceed of 154,224 to conduct compaction grouting to repair the E. Cherry St sinkhole, and, to authorize the Borough Manager to transfer the necessary funds from the General to the Capital Reserve (Sinkhole Emergency) line item to expense the cost of the proposal. Motion by Corinne Topper, second by Jane Quairoli. Motion carried. Council discussed the method of payment for sinkholes that open in the public right-ofway and move to private property. Councilor Costello inquired about the equation used to figure the percentage owed by the property owner. Council deliberated over whose responsibility it is considering sinkholes open in the street. Councilor Costello and Councilor Longenecker both remember that a percentage was used in the past. Councilor Costello advised Council that a policy should be developed for future sinkhole issues and would like the solicitor to advise Council on future payments for repairs. 3. Left Turn Lanes on Cherry Street at the Intersection of S. Railroad Street: Mr. Powl informed Council that John Schick, a traffic engineer for RETTEW, advised him that PennDOT will probably not approve the request for left turn lanes on Cherry Street because it is not a signalized intersection. In order to find out the answer for sure, a PennDot Highway Occupancy Permit Application would be required to be submitted, since Cherry Street intersects with S. Railroad St, which is a State controlled road. Mr. Powl informed Council that the cost to prepare and submit a PennDot HOP would be approximately 2,000. Council decided not to pursue the issue. 4. Mr. Powl announced that the Borough received approximately (130) 75-watt and (130) 100-watt compact fluorescent light bulbs from First Energy Corp. as part of their efforts to reduce energy costs. The bulbs are available to Borough residents at no cost and can be obtained from the Borough office while supplies last. There was no other business. Announcement Councilor Costello announced that Borough Council will conduct a public workshop meeting on Tuesday, June 14, 2011 beginning at 6:00 PM and its regular monthly meeting on Monday, June 27, 2011 beginning at 7:00 PM. Motion to Adjourn: Motion to adjourn by Pat Hennessy, second by Corinne Topper. Motion carried. The meeting adjourned at 8:54 PM. Respectfully submitted, Roger E. Powl Borough Manager REP/blp

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