BOROUGH OF EPHRATA
COUNCIL MEETING AGENDA
AUGUST 9, 2010
INVOCATION
PLEDGE OF ALLEGIANCE
ATTENDANCE
APPROVAL OF MINUTES
Special Council Meeting – July 6, 2010
Regular Council Meeting – July 12, 2010
ACCEPTANCE OF REPORTS
Budget and Finance Committee Report
Development Activities Committee Report
Public Safety Committee Report
Highway Committee Report
Municipal Enterprises Committee Report
Community Services Committee Report
2nd Quarter Electric Division and Library Report
Lincoln Fire Company – July 2010
Pioneer Fire Company – July 2010
Ephrata Community Ambulance Association – July 2010
Ephrata Area Rescue Services – July 2010
REMARKS FROM VISITORS
CONSENT AGENDA (includes the following approvals)
1. That Borough Council note its review of drawings titled Sketch Plan for Susquehanna Bank, containing four sheets prepared by Alpha Consulting Engineers, Inc., dated December 14, 2009 and that Borough Council offer written comments to the applicant as outlined below:
- The applicant must address Points 1 through 8 of the June 28, 2010 memorandum from Zoning and Codes Administrator Nancy Harris to Community Relations Manager Shirley Daniels in future plan submissions.
- The applicant must address the twelve (12) General Comments from the letter dated July 9, 2010 from Dennis Reichel, P.E. of Herbert, Rowland and Grubic, Inc. to Shirley Daniels in future plan submissions.
2. That Borough Council approve the request from the Holy Trinity Lutheran Church to extend the date to record their final plan approved on May 10, 2010 until September 13, 2010.
3. That Borough Council approve the request for a wavier from all planning requirements for the Ephrata Borough Authority’s Biological Nutrient Removal project at Wastewater Treatment Plant No. 1.
4. That Borough Council approve the request from Wendco of Central PA to extend the date to record their final plan approved on May 10, 2010 until November 8, 2010.
5. That Borough Council authorize the President of Borough Council and Secretary to execute a month-to-month lease agreement with Morgan Truck Body, LLC d/b/a Morgan Corporation Company, 35 Thousand Oaks Boulevard, P.O. Box 558, Morgantown, PA 19543 to lease approximately three acres of the Wenger Tract to Morgan for a monthly rental of $1,325, said lease having a termination notice of 90 days.
6. That Borough Council waive the provisions of Chapter 147, the Open Burning Chapter of the Code of Ordinances, to approve a bonfire for the Ephrata High School football team and cheerleaders to be sponsored by the Ephrata High School Football Boosters Club at the War Memorial Field on or about September 2, 2010. The Pioneer Fire Company will be on site to monitor and extinguish the fire at the conclusion of the event.
7. That Borough Council approve the Lincoln Fire Department’s request for their budgeted allocation in the amount of $12,000.00 (Account #01-30-303-4600).
8. That Borough Council approve the Lincoln Fire Department’s request for $25,000.00 from the Fire Companies Truck Fund (Account# 31-29-002-7600).
9. That Borough Council approve the request of Ms. Stacey Coldiron of 124 Wyneberry Drive, to close part of the 100 block of Wyneberry Drive for a ‘block party’ to occur on August 22, 2010 (Sunday) from 5:00 PM until sunset.
10. That Borough Council award Bid # 2010-9 Concrete Sidewalk Construction along Old Mill Road to low bidder Barnes and Barnes, Inc., Seven Valleys, PA in the amount of $7,310.
11. That Borough Council authorize the President of Borough Council to execute an agreement for Traffic Signal Timing and Coordination Optimization services in response to Borough Request for proposals 10-1 to ELA Group, Inc., Lititz, in the amount of $11,850.
12. That Borough Council authorize the following Notifications to Construct curb and sidewalk be issued:
249 Lincoln Avenue, Ivan H.Zimmerman , 25 linear feet of curb & 125 square feet of sidewalk
251 Lincoln Avenue, Martin & Robbin M. Flegal, 5 linear feet of curb & 25 square feet of sidewalk
13. That Borough Council authorize acceptance of the Bill of Sale for sewer collection facilities from the GAF Realty Management Group, said facilities associate with the Two Cousins Pizza land development in Clay Township.
14. That Borough Council award Bid 2010-10 for three years of refuse and recycling collection services to low bidder Eagle Disposal of PA, Inc., of East Earl, PA, for the first year total bid of $422,536.14.
15. That Borough Council approve issuance of a letter indicating adequate sewer conveyance capacity and approving a sewer planning module exemption for the Cloister Heights land development at 830 West Main Street.
STANDING COMMITTEE RECOMMENDATIONS
Budget and Finance Committee
Municipal Enterprises Committee
APPROVAL OF CHECKS 5650 THROUGH 6100 AND THE ACH REGISTER DATED JULY 28, 2010 and AUGUST 4, 2010
GENERAL DISCUSSION
ADJOURNMENT
BUDGET AND FINANCE COMMITTEE REPORT – JULY 12, 2010
The Budget and Finance Committee met on July 26, 2010 and discussed the following:
1. The Committee discussed the status of the 2010 Budget and Program of Services after the second quarter. It was noted that there are several revenue issues in the General Fund, including lower than expected Earned Income Tax and Real Estate Transfer Tax. The anticipated shortfall at this time will be about $70,000. In an effort to abate this shortfall, staff is planning the following regarding the filling of vacant positions:
· Public Works had two positions vacant since 1/1/2010 due to retirements. These positions have not been replaced providing a savings of $30,000 for the first six months of the year, thereby reducing the shortfall to $40,000.
· We will continue to leave one Public Works position open until 1/1/2011 providing an additional savings of $16,800. The other position will be filled in September 2010 for an additional two month savings of $5,600.
· A Police Officer is retiring in July 2010. The replacement of that officer will not take place until January 2011. The associated saving from August to December will be approximately $20,000.
These position vacancies will aid in offsetting the current estimated shortfall in the General Fund.
There are also revenue issues in the Electric and Sewer Funds due to lower than anticipated sales and, in the Sewer Fund, a first quarter credit to neighboring municipalities for the 2009 budget reconciliation. Staff will provide projections of these funds for the balance of 2010 with a recommendation of any necessary changes.
2. The Committee discussed the market value of the Police and Non Uniform Pension Plans. While the market has rebounded since the 2007 decline, the funds are not keeping up with the anticipated actuarial assumptions built into the plans. Market values are as follows:
Police Plan Non Uniform Plan
2006 (12/31) $8,402,172 $8,355,943
2007 (12/31) $8,967,691 $8,781,583
2008 (12/31) $7,268,640 $7,034,022
2009 (12/31) $9,728,579 $9,293,061
2010 (05/31) $9,832,915 $9,430,202
3. The Committee discussed a proposed revision to the Identity Theft Prevention Program. Under the FACT (Fair and Accurate Credit Transaction Act) all creditors with covered accounts must implement a written identity theft prevention program to detect, prevent and reduce identity theft. Identity theft refers to a fraud committed or attempted using the identifying information of another person without authority. The Borough’s plan included how to identify “red flags” and how to respond to issues as they arise. The Committee will recommend approval of the Program at the August Council meeting.
DEVELOPMENT ACTIVITIES COMMITTEE REPORT – JULY 12, 2010
The Development Activities Committee met on July 26, 2010 and discussed the following:
1. The Committee was addressed by Scott Leaman from the Ephrata Community Hospital who informed the Committee that the hospital was notified by the Commonwealth that they would be awarded a Redevelopment Assistance Capital Program (RACP) grant in the amount of $1,000,000 for their emergency room expansion project. The grant requires that the local municipality be the grant sponsor and that the hospital would be the sub-grantee. Borough Council would be asked to adopt a grant resolution and enter into an agreement with the hospital outlining each party’s obligations and responsibilities. The Borough has sponsored two projects previously, the Mountain Springs development and the Ephrata Playhouse in the Park. This item was discussed in anticipation of any actions required to confirm the Borough’s support for the project. The Committee is in support of the Borough sponsoring the project. No action is required at this time.
2. The Committee reviewed a sketch plan submitted by the Ephrata Area School District to install a lighted 200 foot by 300 foot synthetic multipurpose athletic field across the street from the Ephrata Middle School replacing the existing turf field hockey field. The Committee will recommend that Borough Council authorize issuing the written comments of the staff and planning consultant, HRG, at the August 9, 2010 meeting. This item will appear on the Consent Agenda.
3. The Committee discussed a proposed revision to the lease with the Morgan Corporation. At their request, the staff met with representatives of Morgan Corporation to discuss their concerns with the proposed change to the lease offered by the Borough which included language that allowed the Borough to terminate the lease upon 90 days written notice. Morgan has indicated that they could live with the 90 day notice except at the beginning of the calendar year. The staff is proposing language that would require Morgan to vacate the property between May and December, excepting January through April. In addition Morgan is requesting 180 days to remove the ‘A’ frame structure. The staff has indicated that this proposed arrangement will not impact the Borough’s ability to use the property in the future. The Committee supports the proposed revised lease and authorized the staff to forward it to Morgan for their consideration. The proposed lease amount is unchanged from the 2009‑2010 lease agreement, $1,325 per month. The staff will send the agreement to Morgan and report back to the Committee upon receipt of their comments.
4. The Committee discussed the Haller Master plan. Dave Lloyd from the Rec addressed the Committee and reviewed some of the history and planning that has taken place to date. Chairperson Rowe indicated that her objective is to have an approved plan for the property in place by the end of the year and suggested starting with a tour of the property for Borough Council. The staff will schedule a tour of the property prior to the next Committee meeting on August 23, 2010.
5. The Committee reviewed status of the second quarter operating budget programs and capital budget projects within the purview of the Committee. No concerns were noted in second quarter results.
6. The Committee reviewed a request from the Holy Trinity Lutheran Church for an extension of time to record their final plan. The Committee will recommend that Borough Council approve an extension until September 13, 2010 at the August 9, 2010 meeting. This item will appear on the Consent Agenda.
7. Director of Engineering and Public Works Thompson reviewed with the Committee the major components of the Ephrata Borough Authority’s Biological Nutrient Removal project at Wastewater Treatment Plant No. 1. On behalf of the Ephrata Borough Authority, Mr. Thompson asked the Committee for a waiver of the formal planning process for the project. Compliance with all Borough requirements will be required as part of the building permit application process. The Committee will recommend that Borough Council approve the waiver of planning at the August 9, 2010 meeting.
8. Director of Engineering and Public Works Thompson reviewed with the Committee the proposed design and construction schedule for the Railroad Station project. Design will be completed, and the project is expected to be advertised, awarded and notice to proceed issued so that construction can begin in spring 2011 and completed by September 2011. No further action is required on this item.
9. The Committee reviewed a request for an extension of time to record their final plan from Wendco of Central PA. The Committee will recommend that Borough Council approve an extension until November 8, 2010 at the August 9, 2010 meeting. This item will appear on the Consent Agenda.
PUBLIC SAFETY COMMITTEE REPORT – JULY 12, 2010
The Public Safety Committee met on July 22, 2010 and discussed the following:
1. The PSC meeting was called to order at 5:30 PM in Borough Hall by Chair V. Richard.
2. A presentation was made by Lt. Shumaker regarding the 2011 Patrol Fleet Leasing Program. This was informational and discussion only.
3. President Rich Ritter of the Lincoln Fire Department requested that Borough Council approve the Lincoln Fire Department’s request for their allotted budgeted funds in the amount of $12,000.00 (Account #01-30-303-4600). The Committee recommends approval.
4. President Rich Ritter of the Lincoln Fire Department requested that Borough Council approve the Lincoln Fire Department’s request for $25,000.00 from the Fire Companies Truck Fund (Account# 31-29-002-7600). This is to assist in the payment for the new rescue truck. The Committee recommends approval.
5. President Ritter gave an operational overview of the Lincoln FD, their transition with Rescue merger, and an update on the new rescue truck.
6. Correspondence from the Ephrata High School Football Booster Club requesting Council’s approval of a bonfire for the Ephrata High School football team and cheerleaders to be sponsored by the Ephrata High School Football Boosters Club at the War Memorial Field on or about September 2, 2010. The Pioneer Fire Company will be on site to monitor and extinguish the fire at the conclusion of the event. The Committee recommends approval.
7. Chief Harvey gave a comp-stat overview for June and 2010 YTD.
8. An executive session was called for a personnel matter.
9. There being no other business before it, the meeting was closed by Chair V. Richard at 6:25 PM.
HIGHWAY COMMITTEE REPORT – JULY 12, 2010
The Highway Committee met on July 19, 2010 and discussed the following:
1. The Committee discussed concerns about long vehicular delays along Main Street during the running of the Fire Cracker Run on Saturday, July 3, 2010 with Chief Harvey, Dave Lloyd and Richard Althouse from the Fire Police. Dave Lloyd explained that the race was moved to Saturday because of the impact that the race course would have on local churches on Sunday. Dave Lloyd indicated that normally if July 4th fell on a Saturday traffic volumes are very low; however, this year since Saturday was not the official holiday traffic volumes were high. A number of possible solutions were discussed, and the staff will be meeting with representatives of the race committee to further discuss possible solutions and report back to the Committee.
2. Director of Engineering and Public Works Thompson informed the Committee that he has spoken to John Berkes regarding traffic concerns at the Cloister shopping center. Mr. Berkes would like to see the Committee revisit the proposal to install a traffic signal at North Reading Road and Dawn Avenue and relocate the McDonalds to that corner of the shopping center. The Committee reviewed the proposal from the March 2004 engineering study conducted by HRG, Inc. The Committee is not in favor of pursuing this proposal. The Committee will take no further action on this item.
3. The Committee reviewed status of the second quarter operating budget programs and capital budget projects within the purview of the Committee. No concerns were noted in the second quarter results.
4. The Committee reviewed the bid results from Bid #2010-9 Concrete Sidewalk Construction along Old Mill Road at the Public Library. The Committee will recommend that Borough Council award the bid to the low bidder Barnes & Barnes, Inc., Seven Valleys, PA in the amount of $7,310 at the August Council meeting. This item will appear on the Consent Agenda.
5. The Committee reviewed the results of RFP #EB-10-1 Traffic Signal Timing and Coordination Optimization. The Committee will recommend that Borough Council award the RFP to ELA Group, Inc. in the amount of $11,850 and authorize the appropriate officials of the Borough to execute the agreement at the August meeting. This item will appear on the Consent Agenda.
6. Director of Engineering and Public Works Thompson reviewed with the Committee the proposed Lancaster County 2011-2014 Transportation Improvement Plan’s projects in the Borough. No further action is required for this item.
7. The Committee reviewed a recommendation from the staff following receipt of a citizen complaint to issue a notification to repair/replace curb and sidewalk at 249 and 251 Lincoln Avenue. The Committee will recommend that notifications be authorized to require 249 Lincoln Avenue replace 25 linear feet of curb and 125 square feet of sidewalk and that 251 Lincoln Avenue replace 5 linear feet of curb and 25 square feet of sidewalk. This item will appear on the Consent Agenda at the August Council meeting.
8. The Committee reviewed a request to close Brickyard Circle for a block party on Saturday, August 7, 2010. The Committee does not object to the request; however, since the date of the block party precedes the August 9th Council meeting either the Borough Manager or the Chief of Police will grant the request as authorized by Section 305-4 Temporary and emergency regulations of the Code of the Borough of Ephrata. No further action is required on this item.
9. The Committee reviewed a request from the staff to perform base repairs to Highland Avenue per the estimate provided by Burkholder Paving in the amount $4,732.49 using Highway Aid Fund appropriations. The Committee supports using the Highway Aid Fund appropriations for these repairs. The staff will secure at least three written estimates before proceeding with the work. No further Committee action is required on this item.
10. The Committee reviewed a Memorandum prepared by the Borough Solicitor concerning parking restrictions as they relate to Church Avenue and Peach Alley, as requested by the Committee at their June 21 committee meeting. The Memorandum indicates that there exists a statutory parking restriction through the Motor Vehicle Code and therefore no markings prohibiting parking within 20 feet are required as long as enforcement cites the Motor Vehicle Code restriction. The Committee directed the staff to advise Mr. and Mrs. Lowe that the Borough will not be posting any parking restrictions along Church Avenue at Peach Alley. No further action is required on this item.
11. Ephrata Borough resident Andy Kuzmiak provided the Committee with several photographs of muddy storm water runoff from two properties. The Committee asked the staff to investigate and report back to the Committee.
MUNICIPAL ENTERPRISES COMMITTEE REPORT – JULY 12, 2010
The Municipal Enterprises Committee met on July 19, 2010 and discussed the following:
1. The Committee discussed the status of the enterprise funds within the 2010 Budget and Program of Services. The Borough Manager noted that there are revenue issues in the Electric and Sewer Funds due to lower than anticipated sales and, in the Sewer Fund, a first quarter credit to neighboring municipalities for the 2009 budget true-up. Staff will provide projections of these funds for the balance of 2010 with an analysis of any necessary Council action for the next Committee meeting.
2. The Chairman noted that, due to the absence of some Committee members, he preferred to hold discussion of the proposed revisions to the Electric Chapter of the Code of Ordinances to the next meeting. The Committee discussed the concept of net metering with a citizen in attendance, noting that it planned to recommend approval of instituting net metering for customers installing solar generation at their locations. This approval will be temporary until a cost of service study can be completed to fairly allocate costs among customers having solar generation and customers not having solar generation.
3. The Committee reviewed a staff proposal for a supplemental appropriation from the unappropriated balance of the Electric Fund for consulting services associated with power supply acquisition as outlined in the July 19, 2010 Supplemental Budget Report. The Committee will recommend approving the supplemental appropriation at the August Council meeting.
4. The Borough Manager presented the June 18, 2010 AMP cover letter, proposed resolution for consideration by Borough Council, a proposed contract with AMP concerning the Energy Smart Power Plant (ESPP), and a sampling of ESPP potential rebates for energy efficient products. The ESPP is an effort by AMP to assist its members with offering energy efficiency programs to member customers in order to reduce customer energy use and reduce the capacity requirements of the member electric systems. The Committee expressed interest in learning more about ESPP and requested the staff to schedule an AMP representative to attend a future Committee meeting to provide complete details on the program.
5. The Committee reviewed a proposed Assignment and Assumption Agreement with Tri‑County Electric Cooperative and McNees Wallace and Nurick (McNees) concerning the curtailment service Agency Agreement formerly in place between the Borough and McNees. The Committee had recommended earlier in 2010 that the Borough not renew its Agency Agreement with McNees due to changes in the PJM curtailment program adding significant testing and penalties for failure to comply with PJ M regulations. The Solicitor noted that Council has no obligation to enter into the proposed agreement. The Committee plans to recommend approval of the proposed agreement, noting its desire to maintain an excellent working relationship with McNees. Staff was directed to advise McNees that the Borough will expect reimbursement of its legal costs associated with study of this agreement.
6. The Committee reviewed a building permit application submitted by CMN Property Management concerning adding an 82.45 kilowatt rooftop solar electric installation at 17 East Queen Street. Although the Committee has been working on proposed changes to the Electric Chapter of the Borough Code of Ordinances, those revisions will not be completed soon enough to authorize net metering to occur for this solar installation. Rather than delay this installation, the Committee will recommend Council adoption of a resolution approving net metering under appropriate circumstances. The Committee also noted that it hopes to perform a cost of service study early in 2011 to properly allocate costs among all classes of customers, including those with solar installations.
7. The Committee discussed the proposed First Amendment to Sewer Conveyance Agreement with Ephrata Township Sewer Authority and the July 19, 2010 email of Township Manager Steve Sawyer noting two concerns about the proposed agreement. Staff was directed to discuss the Township concerns and provide a revised agreement for Committee consideration at a future meeting.
8. The Committee reviewed the Bill of Sale concerning sewer collection facilities installed by GAF Realty Management Group (Two Cousins Pizza) in Clay Township. The Committee will recommend acceptance of the Bill of Sale as part of the Consent Agenda at the August Council meeting.
9. The Committee reviewed the revised version of the proposed agreement with AMP concerning the EcoSmart Choice program. Under this program, Borough customers could voluntarily determine their interest in being supplied with “green” electric power. Those customers would pay a premium for the green energy, which would be backed by renewable energy credits acquired through AMP. The Committee asked for an in depth presentation regarding this program from the AMP staff that will be discussing the Efficiency Smart Power Plant at a future meeting.
10. The Committee reviewed the tabulation of bids received under Bid 2010-10 for Contract Waste and Recyclables Collection. The Committee will recommend awarding the contract to low bidder Eagle Disposal of PA, Inc, East Earl, PA, for the first year total of $422,536.14. This will appear on the Consent Agenda for the August Council meeting.
11. The Committee reviewed a revised June 29, 2010 letter from Harbor Engineering concerning a sewer capacity request for the Cloister Heights apartment project at 830 West Main Street. The Committee will recommend providing the requested letter and sewer module approval as part of the Consent Agenda at the August Council meeting.
COMMUNITY SERVICES COMMITTEE REPORT – JULY 12, 2010
The Community Services Committee met on July 28, 2010 and discussed the following:
1. The Committee discussed the outdoor swimming pool project. The Committee set overall direction for the project by stating assumptions or requirements to be applied to the project, determining how existing pool features will be treated in the project, and developing a list of potential amenities to be considered as part of the project. The Committee directed the staff to prepare a request for proposals built around the overall direction set by the Committee. The RFP will be sent to Wallover Aquatics International, MKSD Architects and Wade Associates. Integrated Aquatics Engineering may be added to this list pending staff’s recommendation after the staff has had an opportunity to learn more about that firm and its experience. The Committee anticipates a timeframe of approximately 60 days to have proposals in hand for evaluation.
2. The Committee discussed an informal request of Mayor Mowen to waive police service costs associated with the Extreme Event held by TNT Youth Ministries in May. The Committee reviewed the policy adopted by Borough Council on July 10, 2006 regarding charges to not‑for-profit entities for Police, Electric and Public Works services for special events. The Committee will not recommend waiving the charges for TNT Youth Ministries so that the policy will continue to be uniformly applied.
BUDGET AND FINANCE COMMITTEE RECOMMENDATION – 7/12/2010
The Budget and Finance Committee recommends the following:
1. That Borough Council approve an Identity Theft Prevention Program Compliance Model dated August 9, 2010 pursuant to the Federal Trade Commission’s Red Flag Rule.
2. That Borough Council approve the collective bargaining agreement between the Borough of Ephrata and Local 1600 International Brotherhood of Electrical Workers, AFL-CIO effective January 1, 2010 through December 31, 2012.
MUNICIPAL ENTERPRISES COMMITTEE RECOMMENDATION – 7/12/2010
The Municipal Enterprises Committee recommends the following:
1. That Borough Council authorize a supplemental appropriation in the amount of $60,000 from the unappropriated balance of the Electric Fund to account 07-65-711-3040, Other Professional Services.
2. That Borough Council authorize the President of Borough Council and Borough Secretary to execute the Assignment and Assumption Agreement with McNees Wallace and Nurick concerning the Curtailment Service Provider programs of PJM.
