BOROUGH OF DUNCANNON COUNCIL MEETING MINUTES December 17, 2013

BOROUGH OF DUNCANNON COUNCIL MEETING MINUTES December 17, 2013 Members Present: Members Absent: Others Present: President Duane Hammaker, Fred Lauster, Michael Bomberger, Frank Eppley, Gerald Bell, Jack Conrad and Mayor Nace William Corsnitz (Absent Due to Work Commitment) Solicitor Susan Smith, Borough Manager Lynn Roche, Engineer Ronald Brown, Pennoni Associates, Chief Richard Pickles Penn Township Police Department and Steve Sauers - PESI Citizens Present: Joe Burget Jr. Burget and Associates, Inc., Joe Maraquin Jr. 901 N. Lincoln St., Apt. C, Duncannon, PA, Harry Hamilton 12 Hill Rd., Duncannon, PA and Barbara Hamilton 12 Hill Rd., Duncannon, PA President Hammaker opened the meeting at 7:30 pm on December 17th, 2013 with a moment of silence followed by the Pledge of Allegiance to the American Flag. Minutes: Bell/Conrad: approve November 19th, 2013 minutes; as corrected PASSED Pg. 2- Paragraph under David Nelson change upgrade the groundwater to upgrade the storm water, Pg. 2- Paragraph under Duncannon Area Revitalization Accounts through Orrstown Bank change Kurt to Kirk, and change Ms. Smith said as long as the Borough formed it. to Ms. Smith questioned whether the Borough formed it., Pg. 3-2 nd Paragraph under Tanuya Matter change Written Notification of Resignation from The Borough s Right To Know Officer to Written Notification of Resignation as The Borough s Right To Know Officer, Pg. 3-2 nd Paragraph insert comma after resigning as the Borough s Right To Know Officer, Pg. 4- Last Paragraph under Market Street Bridge Project insert comma after President Hammaker said that since this project is not out to bid yet, Pg. 5-2 nd Paragraph from top of page insert comma after Veteran s Day Parade, Pg.5- under Solicitor s Report change Ms. Smith said she would like to issue a confirmation that says this is the agreement, the Borough expects it to be completed and reported back to the Borough or it will be a contempt order to the court. to Ms. Smith said she would like to issue a confirmation that says this is the settlement agreement and the Borough expects it to be met or there will be a request for a contempt order to the court. and change Mr. Bomberger said this should be a completed no later than date of June 30 th, 2014. to Mr. Bomberger said this should be completed no later than June 30 th, 2014., Pg. 6-1 st Paragraph change Barrick ten days for completion. to Barrick ten days for completion from the date of the confirmation., Pg. 6-3 rd Paragraph insert comma after AMP Counsel has suggested this doesn t mean anything, Pg. 8-1 st Paragraph under 18 28 N. Market Street change remove the word before properties under #2 from this and all future agendas. to remove the word blighted from #10 Unfinished Business of the November 19 th, 2013 Council Agenda and all future agendas., Pg. 8-2nd Paragraph change Ms. Smith said 18 to 28 N. Market Street Properties are still in progress., to Ms. Smith said 18 to 28 N. Market Street Properties Compliance Activities are still in progress., Pg. 10-2 nd Paragraph change Ms. Smith said she thinks it is close., to Ms. Smith said she thinks it is closed., Pg. 10-2 nd Paragraph under Bomberger/Corsnitz motion change sewer rates will be reduced affective, to sewer rates will be reduced effective Recording Inaudible off and on. Typed mostly using notes. Recognition of Citizens: Joe Burget Burget and Associates, Inc. Mr. Burget presented the Final Minor Land Development Plan for the D. Andrew McGuire addition. Ms. Smith said for the record Mr. Burget is asking Council for approval of the Land Development Plan. She said Mr. Burget s item should not be under Recognition of Citizens, because this is a regular business item. Ms. Smith said this is the time to hear comment from recognition of citizens that want to talk about something that is not on the agenda. President Hammaker said Council will hear Mr. Burget s Land Development Plan since he has already started his presentation. Mr. Burget said he went through the Zoning Hearing Board to get approval for two variances, for the D. Andrew McGuire Land Development Plan. He said the first Variance was for Expansion of Nonconforming Use and the second Variance was for Open Space between Parking & Building. The Zoning Hearing Board granted both Variances. Mr. Burget said he has a list of Waivers that he is asking Council for approval of for the Land Development Plan. Ms. Smith asked Mr. Burget if Council has acted on the waivers before. Mr. Page1

Burget replied, No. Ms. Smith said the process tonight will be for Council to act on each of the waivers and then to take consideration on the Land Development Plan. Bell/Lauster: motion to approve waiver #1, for Burget & Associates, Inc. to show a Location Map at a scale of 1 = 600 from a scale of 1 = 1000 to make a clearer and more legible map PASSED Bell/Conrad: motion to approve waiver #2, for Burget & Associates, Inc. to prepare a final plat at a scale of 1 = 10 from a scale of 1 = 100 to make a clearer and more legible plan PASSED Bomberger/Bell: motion to approve waiver #3, Burget & Associates, Inc. request to waive the Preliminary Plan requirement PASSED Lauster/Bell: motion to approve waiver #4, Burget & Associates, Inc. request for relief to create a plan on 24 x 36 paper instead of 18 x 24 paper PASSED Bell/Bomberger: motion to approve waiver #5, for Burget & Associates, Inc. to keep the proposed floor for the addition as the same level as the existing building 0.97 feet above the flood elevation instead of 1.5 feet PASSED Lauster/Bell: motion to approve waiver #6, for release of designing and submitting a Storm Water Management Plan by Burget & Associates, Inc. PASSED Bell/Lauster: motion to approve waiver #7, for relief of installing sidewalks along the frontage of the D. Andrew McGuire property located at 1231 N. Market Street by Burget & Associates, Inc. PASSED President Hammaker asked Council if they would like to move this Plan forward. Bell/Lauster: motion to move the D. Andrew McGuire Preliminary and Final Land Development Plan forward with the five conditions set forth PASSED Barbara Hamilton 12 Hill Road, Duncannon, PA President Hammaker said the Borough received a letter of interest from Barbara Hamilton with regards to the Duncannon Borough Tax Collector position. He said Ms. Hamilton wrote that she would be willing to collect the Duncannon Borough s taxes for the next four years if Council desires. The state law says, If an entity does not have a tax collector, then a neighboring tax collector may collect the taxes for them. President Hammaker said no one ran for Duncannon Borough Tax Collector, but there were some write-in votes for one individual and his paperwork did not get back to the County in time. Mr. Conrad asked if a tax collector is appointed, will it be for a four year term or a two year term. Ms. Smith said to fill the vacancy of tax collector; it must be done by resolution. She said this will occur thirty days after the vacancy. Ms. Smith said Council will not be able to appoint a tax collector by resolution until the reorganization meeting on January 6 th, 2014. Mr. Bomberger asked Ms. Smith if she said the tax collector position has to be vacated for thirty days. Ms. Smith said, Council doesn t have to wait thirty days, they have to appoint within thirty days. Ms. Smith said the tax collector seat becomes vacant at the next election cycle. Mr. Conrad said the tax collector position would then be a two year appointment. Page2

Mr. Bomberger asked Ms. Hamilton if she has collected taxes for the Duncannon Borough in the past. Ms. Hamilton replied, No. She said she is the tax collector for the New Buffalo Borough and Penn Township. Ms. Hamilton discussed the stamp and other requirements she will need if appointed as the Borough s Tax Collector. Ms. Hamilton also requested her husband be appointed Deputy Tax Collector if she is appointed as the Borough s Tax Collector. Lengthy discussion held. Joe Marroquin, Jr. 901 N. Lincoln Street, Apartment #C, Duncannon, PA Mr. Marroquin said his power strip caught fire and two of his televisions were destroyed due to a power surge that occurred as a result of vandalism to his landlord, David Ziat s property. President Hammaker asked Mr. Marroquin if this is the first time he brought his claim towards the Borough. Mr. Marroquin said Mr. Ziats took paperwork into the Borough Office for the cost of the items destroyed due to the vandalism. President Hammaker asked Mr. Marroquin if his damage was included with Mr. Ziats request. Mr. Marroquin replied, Yes. President Hammaker said Council has a packet of information from Mr. Ziats to discuss when they get to that part on the agenda. Correspondence Letter from Robert Finnen 111 Cemetery Street, Duncannon, PA - President Hammaker said a letter of resignation was received from Mr. Finnen resigning from the Duncannon Borough Municipal Authority effective immediately. Appalachian Trail Signs Eagle Scout Project President Hammaker said a submission for $52.74 and a submission for $79.50 both of which were materials for the Drew Chubb Eagle Scout Project. This was for the erection of the Appalachian Trail Signs, one at each end of town. Lauster/Conrad: motion to reimburse Charles Reed $52.74 and Ann Chubb $79.50 for the cost of materials for Drew Chubb s Appalachian Trail Sign Eagle Scout Project - PASSED President Hammaker commented that the Appalachian Trail Signs are up and look very nice. David Ziats 4225 Valley Road, Shermans Dale, PA Mr. Ziats asked Borough Council to reimburse him for the $963.00 that he had to pay for repairs due to the ground wire theft near his apartments. President Hammaker said that there are a significant number of ground wire thefts that have occurred in the Borough. Mr. Bomberger said he would like to see the money for the reimbursement come out of the Electric Fund, but he wants restitution paid to the Borough once the individual responsible is caught. Bomberger/Bell: motion to pay David Ziats $963.00 out of the Electric Fund for his loss due to ground wire vandalism with the caveat that restitution be made to the Borough by the criminal - PASSED Resolutions and Contracts SR0274-027 Market Street Bridge Project Draft Reimbursement Agreement between PennDOT and Duncannon Borough Ms. Smith said there is a RTK (Right to Know) term in the Contract submitted by PennDOT (Pennsylvania Department of Transportation). Ms. Smith said the Contract effectively says the Borough will be advised by signing this contract that they agree to the attachment which provides for the RTK process. She said the contract only contemplates the RTK process goes through Page3

PennDOT. Ms. Smith said she asked that a change be made to the contract that says the RTK policy will also apply in reverse to the Borough. She contacted Counsel for PennDOT and explained what the Borough is looking for and PennDOT committed to get back to her today, but they did not. Ms. Smith said her recommendation to Council is to authorize Ms. Roche to enter into PennDOT s Agreement subject to Resolution of the RTK term. Conrad/Bell: motion to accept PennDOT s Proposal with the changes recommended by the Borough s Solicitor - PASSED Code Red Agreement for Emergencies for 2014 Ms. Smith said she asked Code Red to make some changes to their agreement. She told Code Red if they would terminate their contract with the Borough prematurely, they would have to give the Borough written notice. Ms. Smith said Code Red has agreed that in the event of any challenge or litigation, Pennsylvania would be the choice of law provision but the place for the litigation would be where Code Red or the Borough brings the claim. Bomberger/Eppley: motion to accept the Code Red Contract and request clarification - PASSED Municipal Planning Advisory Service through Perry County Planning Commission for Support Services President Hammaker said the Borough has been doing this annually and asked Council if they would like to move this forward. Council did not want to move forward with the Municipal Planning Advisory Service. Ms. Smith said the Perry County Planning Commission is offering to do services for the Borough that the Borough currently does in house. Ms. Smith reviewed the average costs associated with the collection of Municipal Liens and has a payment scheduled that she suggests the Borough use to recover some of the monies associated with this process. Bell/Bomberger: motion to move the Ordinance for Collection of Municipal Liens and Attorney Fees forward PASSED BREAK 2125 hrs. to 2135 hrs. REPORTS Mayor s Report Mayor Nace said he has nothing to report at this time. Mayor Nace said at this time he would like to make this his official request for copies of all bills received from the office of Susan J. Smith and the former firm named Smith and Cartwright from 2009 to present. He said he would also like to request copies of the Penn Township Police Agreement for 2013 and 2014. Mayor Nace requested a breakdown of the incidents for the Duncannon Borough and Penn Township for 2012 and 2013. Police Report Chief Pickles reported there will be officers on patrol for the New Year s Eve Sled Drop. He said police found the person who had stolen a pair of bolt cutters which led to other thefts and this person is in jail now. Chief Pickles said the police have three grants through PennDOT for 2014 which help pay for extra officers in addition to the regular officers. He said the Page4

police have ipads in the vehicles now which allow officers to check driver s licenses, license plates and do warrants from the vehicle instead of through the County. Secretary s Report written report Treasurer s Report written report Bomberger/Bell: move to accept the Treasurer s Report subject to audit PASSED Borough Manager s Report written report attached - Ms. Roche added that she met with an electrician from Charles H. Burns Inc., Heller Electric and B & J Electric. She said all three electricians are recommending the Borough upgrade the system for the heaters in the new garage. The electricians said the heaters are good, but when the specs were done the specifications were not adequate for the installation. Ms. Roche said the upgrade will be costly. She spoke with Mike Criley and he is going to try to put up one of the electric infrared heaters that the Borough already purchased and take down some of the other heaters to save money. The Borough work crew is using one of the small heaters and a kerosene heater in the garage for now. Ms. Roche reported the meeting scheduled with DEP (Department of Environmental Protection) in the beginning of December for the Borough s water inspection was cancelled. She had a phone interview with Kristine Metzger from DEP last week and sent a report to Steve and Todd of PESI (Pennsylvania Environmental Solutions, Inc.) on several things Kristine will be looking for when she does a formal water inspection on January 22 nd, 2014. Ms. Roche said she had a meeting with SEDA-COG yesterday regarding an application she submitted last summer for the Chestnut Street water project. Ms. Roche said she has 250 surveys that Paul Liddick is going to hand out per household in the Borough. If the Borough gets 51% or higher of the surveys back that show below the amount of income on the survey, then the Chestnut Street water project will be completely funded. She said the surveys have to be sent back to SEDA-COG by the end of January 2014. Bills To Be Paid/Ratified Bell/Eppley: motion to pay and ratify the bills including credit card expenses as presented PASSED Solicitor s Report Ms. Smith reported since the last Council meeting she has worked on lifting and placing liens. There was an incident of theft of services and Ms. Smith said she advised Ms. Roche to send a notice to the landlord and the tenant whose services were terminated. She suggested to Ms. Roche to indicate in the notice that they have a right to a hearing if they feel their services were terminated improperly. Ms. Smith said she had Ms. Roche indicate there was no risk that the person could say their rights were terminated without having an opportunity to be heard. Ms. Smith reported she met with Ms. Roche and Ms. Shearer for the RTK training. Questions Mr. Lauster asked if there is anything that Borough residents can do to not receive calls from PP&L (Pennsylvania Power and Light). Ms. Smith said residents can ask to be put on a do not call list. Page5

President Hammaker asked Ms. Smith about a PUC (Public Utility Commission) email he received. Ms. Smith said it is a PUC requirement and does not affect the Borough. President Hammaker said there was an article in the newspaper by Robert Runyon regarding the Borough s Cost Adjustment. President Hammaker said he questions whether what Mr. Runyon published was appropriate. Ms. Smith said it is a First Amendment Right. Mr. Bomberger said Mr. Runyon made accusations in the article that would make him liable since they are not true. Ms. Smith said the Borough could file a complaint with the Courts against Mr. Runyon for making a credit statement or the Borough could write to Mr. Runyon and inform him of his error. President Hammaker said at the end of the day Mr. Runyon is just a misinformed individual who shouldn t have published an article in the paper like he did, without his facts being right. Engineer s Report Mr. Brown reported the I & I ( Inflow and Infiltration) study has been put on hold until the Borough gets higher ground water, which will probably be in the March and April time frame. The water distribution system long range plan is on hold for the moment until after DEP S inspection on January 22 nd, 2014. Mr. Brown said he wants to see what DEP S terms and issues may be with the Borough s water distribution system. Mr. Brown reported Pennoni Associates are in the early stages of the sanitary design for manholes #144 to manhole #146. Mr. Brown said the culvert at Clark Street is still being worked on and it appears a 48 culvert will work. Mr. Brown said Stone Mill Estates Development in Penn Township initially wanted to hook onto the Borough s sewage system that comes in Butchershop Road on a gravity fed line. He said apparently there were issues between Stone Mill Estates Development and Penn Township and now Stone Mill Estates is proposing to construct a forced main and enter the Borough s sewage system at point of connection #7, which is at Cemetery Street. He said the line comes down Cemetery Street over High Street and down into Manhole #146 on Market Street. Mr. Brown said Pennoni wants to televise the lines before anything is done to the lines. He said the only change to the original proposal will be that Stone Mill Estates Development will come into the Borough s sewage system on a pressurized line. Questions Mr. Bomberger asked if manhole #146 is at Rachael Street. Mr. Brown said manhole #146 is at Fritz Street. Mr. Bomberger said he thought the Borough already replaced the sewer lines at Fritz Street. President Hammaker said the Borough had problems between Fritz Street and Rachael Street. Mr. Brown said where Stone Mill Estates Development connects into the Borough; the line will be coming down to Market Street. Mr. Bomberger said this section is not at manhole #146. Mr. Bomberger asked Mr. Brown to give Council an update on the Borough s meeting with DEP last month. Mr. Brown said at the meeting there was a general opinion regarding water systems. He said the discussion was about wells being the simplest system and the least expensive to maintain. Mr. Brown said at this time the Borough had a leak and water quantity was a concern, so options were discussed as far as bringing up sources on-line. He said DEP had a hydrologist at the meeting and they offered to help the Borough. Mr. Brown said he feels there was favorable support at the meeting. Mr. Bomberger said one of things he got from the meeting is, the reason that some of the water companies are shying away from wells is because they don t own the land and the land is so expensive to try to get, and to put a well on to meet the requirements. Page6

PESI Operations Report written report attached. Mr. Sauers reported the well #4 VFD (Variable Frequency Drive) and Transducer have been ordered. He reported that a new sewer pump had to be purchased for the Wastewater Treatment Plant. Codes Enforcement Mr. dechamplain reported he has ten snow letters ready to send out. He said the Borough Ordinance gives residents twelve daylight hours after the snow stops to remove their snow, but most municipalities give residents twenty four hours. Mr. dechamplain reported he checked on 511 N. Market Street due to a report of the structure being dilapidated. He said the building had missing shingles, part of the roof is sagging, glass is missing from the windows and the siding is rotting out. He said on December 2 nd, 2013 he took pictures of the building showing the deteriorating structure. Ms. Smith said with regards to the snow removal, the Borough Ordinance requires residents to remove snow within twelve daylight hours after the snow stops. Ms. Smith asked Mr. dechamplain if he is suggesting that Council consider a change to this Ordinance. Mr. dechamplain replied, Yes, to allow residents twenty four hours like the other municipalities do. Ms. Smith asked Council if they wish correspondence to be sent out that pertains to the twelve daylight hours. President Hammaker said he doesn t see an issue with the twelve daylight hours. Mr. Bomberger said the residents are making out better with the twelve hours of daylight with this time of the year. President Hammaker said when he drove through town this afternoon; he could see multiple properties on Market Street that were not shoveled at all. President Hammaker asked if it is the appropriate process to give residents that aren t cleaning the snow from their sidewalks a letter of reminder or is it time to just start giving them tickets. Mr. dechamplain said he reminds the residents once to remove their snow and the second time he gives them a ticket. President Hammaker told Mr. dechamplain if this is his process then he is okay with it. President Hammaker said Mr. dechamplain reported that the building at 511 N. Market Street is in violation of Ordinance, Chapter 90 Buildings Dangerous and Dilapidated and the Borough needs to do the next step. Ms. Smith said Council shall immediately call for an investigation and examination to be made of the property. Mr. Hammaker said Pennoni will inspect the structure behind 511 N. Market Street and give Council a report as to the building being dangerous or dilapidated. Lengthy discussion held. Delinquency/Terminations Policy UNFINISHED BUSINESS President Hammaker asked if this is still in the process. Ms. Smith replied, Yes. 18 28 N. Market Street Properties. President Hammaker said this issue is still being worked on. Deimler Properties at 35 Jefferson Street, Duncannon, PA Ms. Smith said the Municipal Liens have been filed for this property. Ms. Smith said that the Borough is as far as they can go on this issue at this point. Mr. Bomberger said he thought a motion was made at the August 2013 meeting to terminate service to this property. Ms. Smith said that if the Borough terminates service the tenants on the property would have the right to be notified under the Landlord Tenant Act. Mr. Bomberger said that notice needs to be given then so that the Borough can move forward and dig up the line for service to be disconnected. Inaudible recording from this point on. Typed using notes. Page7

Mayor Nace complimented Ms. Roche and Ms. Pyle on this year s WinterFest Event. Mr. Bell asked what the Borough s policy is on the size of trash bags that can be used. Mr. Bomberger said residents are allowed (4) 33 gallon bags of trash per week. ADMINISTRATION, FINANCE & IT COMMITTEE REPORTS Mr. Bomberger reported that $5,000.00 was added to the Backhoe CD instead of the budgeted $10,000.00. He also reported that $10,000.00 was added to the Sesquicentennial CD instead of the budgeted $15,000.00. Mr. Bomberger said that this is due to the General Fund being low right now. He said that there were some unexpected expenses that were taken out of the General Fund. One of which was tree trimming, but he asked Ms. Pyle to return the money paid out of the General Fund for tree trimming back to General from the Electric Fund. Mr. Bomberger said that the first quarter Contracted Police payment is also coming due. Mr. Bomberger said that the Borough also didn t budget any money for the Market Street Bridge Project and some of that money was paid out of the General Fund. Mr. Conrad asked how the budget is doing so far for snow removal. Mr. Bomberger said that if we have one major snow storm we are going to break the budget. FLEET, FACILITIES & UTILITIES Nothing to Report. PARKS & RECREATION Mr. Lauster reported on the New Year s Eve festivities. PERSONNEL Mr. Bell reported that Paul Liddick received his annual review. Bell/Bomberger: motion to give Paul Liddick a 2% raise which equates to an additional $0.25 per hour increase. - PASSED PUBLIC SAFETY & STREETS Mr. Eppley asked for Council s approval to pay the first quarter Contracted Police Services payment. Eppley/Bomberger: motion to pay the Contracted Police Services payment for January, February, and March of 2014 in the amount of $41,848.50. INFRASTRUCTURE ASSESSMENT Nothing to Report. Page8

SPECIAL SESQUICENTENNIAL COMMITTEE President Hammaker reported the next meeting will be January 16th, 2014 at the Duncannon Borough Building at 7:00 pm. APPOINTMENTS No appointments at this time. ADOPTION OF 2014 BUDGET NEW BUSINESS Mr. Bomberger said that there are no changes that need made to the Budget from November s Meeting to tonight s meeting. Bell/Lauster: motion to adopt the 2014 Budget. - PASSED Bomberger/Bell: motion to advertise the Tax Millage Ordinance with no tax increase. PASSED CITIZEN ACTION FORMS No forms submitted at this time. Clarks Ferry Tavern President Hammaker reported the next meeting will be on January 23 rd, 2014 at the Duncannon Borough Building at 7:00 pm. President Hammaker presented a 34 year plaque to Mr. Lauster. Lauster/Eppley: motion to adjourn at 2232 hrs. PASSED Respectfully Submitted, Lisa Shearer Duncannon Borough Secretary Page9