Palmyra Borough Council Meeting December 18, :00 PM

Transcription

1 Palmyra Borough Council Meeting December 18, :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 Mark Smith, Bob Longenecker, Travis Finkenbinder, and Gary Laudermilch. Also in attendance were Mayor Fred Carpenter, Chief Stan Jasinski (Police), Borough Manager Roger Powl, Assistant Borough Manager Brenda Pera, and Ray Andreno (Fire). Pat Hennessy was absent from the meeting due to a work schedule conflict. Announcements Councilor Quairoli asked everyone to turn off all cellular devices during the meeting. She also announced that Borough Council held an executive session at the conclusion of the December 11 th Workshop meeting to discuss 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: a. Ordinance #749 Palmyra Subdivision & Land Development Ordinance (SALDO): Councilor Quairoli announced the following: The purpose of the public hearing is to afford the public the opportunity to comment on the proposed Palmyra SALDO as required by Section 504(a) of the Pennsylvania Municipalities Planning Code (MPC). The Palmyra SALDO was developed by the Palmyra Planning Commission in consultation with the Borough Engineer (Rettew Associates). The Planning Commission recommended Borough Council approve the Final Draft of the Palmyra SALDO at the Commission s November 7, 2012 meeting. With the enactment of the Palmyra SALDO, the Lebanon County Planning Department will no longer have approval power for subdivision & land development plans submitted for projects on properties located within the Borough. Borough Council will now have the approval power after receiving a favorable review and recommendation from the Palmyra Planning Commission. The ordinance was advertised in the December 3 rd & 10 th editions of the Lebanon Daily News. The ordinance was sent to the Lebanon Law Library on November 20, She then opened the public hearing and asked all those present and wishing to speak to state their name and address for the record. There were no comments. To close the public hearing. Motion by Travis Finkenbinder, second by Mark Smith. Motion passed. Mr. Powl outlined the progress of the SALDO from the beginning. He informed Council that the Borough received comments from the Engineer, Solicitor, and Lebanon County Planning Department. The Planning Commission finished their review of the SALDO and it is ready to be adopted. To enact Ordinance #749, an ordinance establishing subdivision & land development regulations within the Borough of Palmyra, including, but not limited to, regulations for the submission of plans, information to be included on plans, design standards, and enforcement provisions. Motion by Bob Longenecker, second by Travis Finkenbinder. Motion passed.

2 Page 2 of 6 Public Comments: Jedd Erdman, owner of Bruno s located on 33 E. Main Street, informed Council on the Notice of Violation (NOV) he received from Light-Heigel about the small sign he places in front of his restaurant to announce that he is open. He mentioned that since he has removed the sign, his business has dropped by 30%. He indicated that his sign was considered a temporary sign and he would like to find a way to make it permanent and include it in the total amount he is allotted for sign size. Mayor Carpenter asked if the sign ordinance can be changed. Solicitor Cleary indicated that any ordinance can be changed. Councilor Quairoli stated that the Borough needs to find a way to make the sign ordinance better. Mr. Erdmann thanked Council for the opportunity to express his concerns. Consent Calendar: a. Approve the minutes of the November 27, 2012 Borough Council meeting. b. Approve the minutes of the December 11, 2012 Borough Council Workshop meeting. c. Approve payment of all bills listed on the November 2012 Bill s List. d. Approve the Treasurer s Report for the period November 1 through November 31, 2012: General Refuse Sewer Capital Reserve Liquid Fuels YTD Revenue $ 2,389,421 $1,026,248 $ 1,816,596 $ 595,180 $ 151,716 YTD Expenses $ 2,441,855 $ 869,262 $ 1,362,642 $ 104,624 $ 148,256 Difference $ (52,434) $ 156,986 $ 453,954 $ 490,556 $ 3,460 Balance $ 966,018 $ 171,696 $ 673,830 $ 451,595 $ 197,583 Town Police Joint Fire Special Library Square Health Apparatus Sewer Reserve Care YTD Revenue $ 595,613 $ 27,473 $ 49,452 $ 26 $ 40,234 YTD Expenses $ 704,296 $ 26,000 $ 38,510 $ 0 $ 40,000 Difference $(108,683) $ 1,488 $ 10,942 $ 26 $ 234 Balance $2,620,119 $ 3,633 $ 155,615 $12,147 $ 120,669 Discussion & Action Items: To approve the consent calendar. Motion by Mark Smith, second by Bob Longenecker. Motion passed. a. Ordinance #750 Palmyra Storm Water Management Ordinance: To enact Ordinance #750, an ordinance establishing comprehensive regulations for the design, approval, construction, long term operation & maintenance, administration, and enforcement of storm water management facilities in the Borough. Motion by Bob Longenecker, second by Travis Finkenbinder. Motion passed.

3 Page 3 of 6 b. Ordinance # Real Estate Tax Ordinance: To enact Ordinance #751, to levy taxes upon all taxable real property within the Borough for the Year 2013, at the following rates: Real Estate Tax = 2.06 mills; Public Library Tax =.06 mills Motion by Travis Finkenbinder, second by Bob Longenecker. Motion passed. c. Resolution # Fee Resolution: To approve Resolution # , a resolution establishing fees for the submission and review of subdivision & land development plans and storm water management plans; inspections of improvements required by those plans, and; to re-establish various fees for Borough issued permits, inspections fees, licensing fees, and other services. Councilor Laudermilch expressed his concern about charging for sidewalk and driveway permits, and suggested that the permit fees be eliminated. Motion by Mark Smith, second by Bob Longenecker. Motion passed by a 4-1 vote. Councilor Laudermilch voted against the motion. d. Appointments to Palmyra Boards & Commissions: 1. Resolution # Palmyra Zoning Hearing Board Appointments: To approve Resolution # , a resolution appointing Dave Tyndall and Patrick Malloy to serve a new three (3) year terms as members of the Zoning Hearing Board, and Jeremy Trostle to serve a new three (3) year term as an alternate member on the Zoning Hearing Board, all expiring December 31, Motion by Travis Finkenbinder, second by Bob Longenecker. Motion passed. 2. Resolution # Palmyra Planning Commission Appointments: To approve Resolution # , a resolution appointing Joseph R. Templin as a member of the Planning Commission to serve the remainder of the term vacated by Dave Tyndall, expiring December 31, 2015, and, appointing Mark Smith as a member of the Planning Commission to serve the remainder of the term vacated by Corinne Topper, expiring December 31, Motion by Bob Longenecker, second by Gary Laudermilch. Motion passed. 3. Resolution # Fire Services Commission Appointments: To approve Resolution # , a resolution appointing Gary Laudermilch from Borough Council; Carolyn Andreno, Borough Resident, and Roger Powl, Borough Manager, to serve as voting members on the Fire Services Commission for the Year Motion by Mark Smith, second by Bob Longenecker. Motion passed. 4. Resolution # Palmyra Civil Service Commission Appointment: To approve Resolution # , a resolution appointing George Eberly to serve a new six (6) year term on the Palmyra Civil Service Commission, expiring December 31, Motion by Travis Finkenbinder, second by Mark Smith. Motion passed. 5. Resolution # Vacancy Board Chairman: To approve Resolution # , a resolution appointing Dennis Baum to serve as the Vacancy Board Chairman for the Year Motion by Gary Laudermilch, second by Bob Longenecker. Motion passed.

4 Page 4 of 6 6. Resolution # Lebanon County Tax Collection Committee Appointment: To approve Resolution # , a resolution appointing Ronald E. Fouche to serve as the delegate, and Lisa M. Daubert as the alternate delegate, to the Lebanon County Tax Collection Committee for the Year Motion by Bob Longenecker, second by Mark Smith. Motion passed. 7. Resolution # Appoint Local Services Tax Collector: e Final Budget Discussion: To approve Resolution # , a resolution to request that the Lebanon County Tax Collection Committee contract for the collection of Local Service Taxes levied by the Borough during Motion by Gary Laudermilch, second by Bob Longenecker. Motion passed. Mr. Powl provided answers to the questions Borough Council posed at the December workshop meeting. The Borough is able to cancel its $5 million dollar loan with Jonestown Bank just by paying the $60,000 balance with interest. The balance is the legal fees paid for the creation of the loan. Borough Council has until November 2013 to draw up to $5-million on the loan. If the Borough draws less than the $5 million, it will still be obligated to pay the principal payments outlined in the ordinance that established the loan. The payment for 2013 is $150,000 and the 2014 payment is $275,000. The Borough is authorized to use the loan proceeds for purchasing the property at 301 S. Railroad Street since that transaction is related to the project. The Borough might be able to use the proceeds of the loan for repairs to the current building, but the change would have to be approved by the bank and changes to the ordinance would have to follow the PA Local Unit Debt Act procedures. Mayor Carpenter announced to Council that he regretfully made a statement at the November Council meeting about the current financial status of the Borough and canceling the building project. He apologized to Council and informed Council that he became involved in local government many years ago because he wanted to fix the sinkhole problem in the Borough. He commented that previous Councils knew the problems in the Borough, and with the current municipal building, but they never took the steps to fix the problems. This Council has gone further than any in the past and he assured Council that he regrets his comment and encouraged them to keep moving forward with the plans. Councilor Quairoli commented that she spent the weekend reviewing the amount of money spent by the Borough on the project. She determined that the Borough has spent almost $500,000. While she was originally against the project, she commented that the Borough has invested too much time and money to stop moving forward now. Councilor Quairoli stated that she would have difficulty explaining to residents why the Borough threw away a half million dollars. If the Borough had not spent the money, then she would support a decision to cancel the loan. Councilor Longenecker agreed with Councilor Quairoli. He mentioned that the money needed to fix the current building is going to cost too much and the Borough would still have the principal payment to make in Councilor Finkenbinder argued that the tax increase to fund the project will be sizable and he indicated that he will cut services and staff before he votes for a tax increase.

5 Page 5 of 6 Reports: Mr. Powl reiterated that the pension fund is the variable that was not expected for The budget forecast that he presented last year regarding the loan payment would have worked had it not been for the increased required for pension funding. Mr. Powl continued by outlining a worst case scenario forecast for the 2014 budget based on projected revenues. If the state aid for pension funding is eliminated, the Borough millage would increase from 2.06 to That translates into an approximate tax increase of $86 per year based on the average property with an assessment of $122,405. If state aid for the pension funding remains the same for 2013, the Borough millage would increase from 2.06 to 2.55, resulting in an approximate tax increase of $60 per year based on the average assessment. Councilor Quairoli mentioned that the Borough does have property that it needs to return to the tax rolls. It might be a good idea to consider selling those parcels. She also indicated that Council will need to go line-by-line through the budget next year to make sure any tax increase will be minimal. Mr. Powl asked Council if there were any changes to be made to the 2013 budget. Council Laudermilch asked if the truck for replacement was still in the budget. Mr. Powl responded that he has the truck in the budget, but will not purchase a replacement if the state aid for the pension plans is not received. If the state aid is received, the truck will be paid from the capital reserve fund. Councilor Quairoli asked about the TIF reimbursement. Mr. Powl stated that the expected reimbursement to the Borough will be about $276,000 as calculated by Paul Lundeen. a. President s Report: President Quairoli invited everyone to the Town Square for New Year s Eve. The events start at 8:30 PM. b. Financial Statement: Council reviewed and discussed the November 2012 financial statement. c. Fire Services Commission Report: Commission did not meet this month. d. Library Board Report: The Board did not meet this month. e. Police/Mayor s Report: Mayor Carpenter provided the November 2012 report to Council. He advised Council that he signed a petition circulated by the Mayor s Association to ban automatic weapons in response to the Newtown, CT school shootings. The Mayor also reported that there is a vigil on Friday, December 21, 2012 planned called Candles Across Lebanon County. It will stretch from Lingle Avenue to Myerstown. The vigil is to show support for the victims of Newtown, CT. f. Planning Commission: Borough Manager Powl 1. Sewage Facility Planning Module Approval: To accept the recommendation of the Palmyra Planning Commission and approve the submission of the following sewage facility planning modules to the PA Department of Environmental Protection for technical review and approval: a. Helm Tract Revised Final Subdivision Plan: (5 single-family dwelling lots to be located at the dead-end stubs of S. Windsor Ave and S. Center Ave) b. Spruce Village (Jay & Claudette Horst): (48 Townhouse Style Apartment Units to be located along the south side of E. Spruce St between N. Grant St & Forge Rd) Motion by Bob Longenecker, second by Mark Smith. Motion passed. Mr. Powl reported that the next meeting is scheduled for January 2, 2013 beginning at 7:00 PM and the Commission will continue reviewing the draft zoning ordinance.

6 Page 6 of 6 g. Recreation Commission Report: There was no report. h. Solicitor s Report: Solicitor Cleary updated Council on the options with the Regional Comprehensive Plan now that North Londonderry Township (NLT) has bowed out. She explained that the PA Municipal Planning Code (MPC) strongly encourages comprehensive plans and the state encourages regional planning. Since NLT is no longer interested in pursuing the regional plan, the Borough and South Londonderry Twp (SLT) can adopt the regional plan as is and specify in the required approving resolution the areas of the regional plan that will not apply to the Borough and to SLT. She indicated that there is nothing unusual in the regional plan and her attendance at the joint public meeting in October has her confused on the United Nations Agenda 21 arguments made by those who are opposing the regional plan. Councilor Quairoli asked that this item be placed on the January 2013 workshop agenda for discussion. i. Zoning Hearing Board: No hearings were conducted this month. j. Borough Manager s Report: 1. Mr. Powl reported that the Palmyra Municipal Building Project will be ready for bid around January 15 th. The land development plan is before the County for review. Solicitor Cleary indicated that if the County has any issues with the plan, the Borough can withdraw the plan and submit it under the Borough s new SALDO. Other Business: There was no other business. Announcement: Councilor Quairoli announced that Borough Council will conduct a special public meeting on Thursday, December 27, 2012 beginning at 6:00 PM, a public workshop meeting on Tuesday, January 8, 2013 beginning at 6:00 PM, and its regular monthly meeting on Tuesday, January 22, 2013 beginning at 7:00 PM. Motion to Adjourn: Motion to adjourn the meeting at 8:45 PM by Travis Finkenbinder, second by Mark Smith. Motion passed. Respectfully submitted, Roger E. Powl Borough Manager REP/blp