BOROUGH OF EPHRATA

COUNCIL MEETING AGENDA

JULY 12, 2010

INVOCATION Rev. Jeff Martin, Grace ECC

PLEDGE OF ALLEGIANCE

ATTENDANCE

APPROVAL OF MINUTES

Regular Council Meeting – June 14, 2010

ACCEPTANCE OF REPORTS

Budget and Finance Committee Report

Development Activities Committee Report

Public Safety Committee Report

Highway Committee Report

Municipal Enterprises Committee Report

^2ndQuarter Financial, Police, Inspection/Codes, Wastewater Treatment Division, Public Works Division, Water Division, Sanitation, Ephrata Recreation Center Quarterly Reports

Lincoln Fire Company – June 2010

Pioneer Fire Company – June 2010

Ephrata Community Ambulance Association – June 2010

Ephrata Area Rescue Services – June 2010

REMARKS FROM VISITORS

CONSENT AGENDA (includes the following approvals)

1. That Borough Council authorize the final reduction of $112,402.42 of financial security for improvements included in the Subdivision and Land Development Agreement in the name of Musselman Lumber Associates for the land development known as Musselman Lumber dated April 14, 2008.

2. That Borough Council approve the Subdivision and Land Development Agreement with Susquehanna Bank, 9 East Main Street, Lititz, for the final plan known as Susquehanna Bank, 1300 West Main Street, Ephrata, PA 17522, containing pages 1 through 4, dated February 5, 2010 with no revisions, prepared by Alpha Consulting Engineers, Inc. New Cumberland PA, in the amount of $42,246.55.

3. That Borough Council award Bid #2010-8 Provide and Install Preformed Thermoplastic Pavement Markings to the low bidder Axtell’s, Inc., Jermyn, PA in the amount of $19,515.24.

4. That Borough Council authorize purchase of a 2011 Ford F-250 XL 4X4 pick up truck with snow plow and bed mounted tool boxes to the New Holland Auto Group, New Holland, PA through the Pennsylvania Department of General Services COSTARS cooperative purchasing program, contract number 25-054. This vehicle will replace a 1998 Ford F-150 pick up truck VIN #1FTRF1765WNB30356 which will be donated to the Recreation Center.

5. That Borough Council approve the following parking restrictions in conjunction with Family Fun Night on July 16, 2010, in addition to other approvals granted by Council action on May 10, 2010:

a. 2 spaces in front of Sheldon’s Gallery and Frame Shop, 20 West Main Street, 4:00 to 9:00 PM

b. 3 spaces in front of the Ephrata Reuzit Store, 20 East Main Street, 2:00 to 9:00 PM

c. 2 spaces in front of J. Marconi for Hair, 1 West Main street, 4:00 to 9:00 PM

d. Southside of East Main Street from South State Street to Washington Avenue, 4:00 to 9:00 PM

6. That Borough Council authorize purchase of a new Altec L42A bucket truck at a cost of $127,180 through the Pennsylvania Department of General Services COSTARS cooperative purchasing program, contract number 25‑091.

STANDING COMMITTEE RECOMMENDATIONS

Budget and Finance Committee

Development Activities Committee

Public Safety Committee

APPROVAL OF CHECKS 5619 THROUGH 5849 AND THE ACH REGISTER DATED JULY 1, 2010 and JULY 8, 2010

GENERAL DISCUSSION

ADJOURNMENT

BUDGET AND FINANCE COMMITTEE REPORT – JULY 12, 2010

The Budget and Finance Committee met on June 28, 2010 and discussed the following:

1. The Committee noted receipt of the 2009 audited financial statements. The only comment about the audit document was the Governmental Accounting Standards Board (GASB) Statement No. 54 regarding the reporting of fund balance. In the future, fund balances will be defined in more detail. Classifications will have to be defined as nonspendable, restricted, committed, assigned and unassigned. This new regulation goes into effect no later than the first fiscal year beginning after June 15, 2010.

2. The Committee discussed a refund check received from the Intergovernmental Insurance Cooperative because health claims were less in 2009 than had been anticipated based on the Borough’s aggregate payment amount. It was discussed whether or not this money should be returned to the operating funds it was paid from. Since the money returned to each program would not be available for general use, it was decided to keep the money in the self insurance fund.

3. The Committee discussed a web payment agreement between the Borough and Springbrook Software. This agreement is being reviewed by the Borough’s solicitor and will be executed at the July 12, 2010 Council Meeting pending the solicitor’s approval.

DEVELOPMENT ACTIVITIES COMMITTEE REPORT – JULY 12, 2010

The Development Activities Committee met on June 28, 2010 and discussed the following:

1. The Committee reviewed a revised Subdivision and Land Development Agreement for the Evangelical Lutheran Church of the Holy Trinity, 167 East Main Street. The Pennsylvania Department of Transportation requires that the Borough execute a Condition Statement in order to issue the highway occupancy permit for the project. The revision incorporates the Condition Statement into the Subdivision and Land Development Agreement. The Committee will recommend that Borough Council authorize the President and Secretary of the Borough to execute the Condition Statement and approve the Subdivision and Land Development Agreement at the July meeting.

2. The Committee reviewed a proposal for expenditures to the Haller property in conjunction with the Urban Enhancement Grant awarded from Lancaster County. The plan proposes expenditures estimated at $47,975 for improvements associated with preserving the exterior of the house and mill through painting and tree removal and providing public water and sewer service to the house. The grant pays for one third of the improvements totaling $15,992, with the balance to come from the Borough. There is $90,000 budgeted ($60,000 Borough and $30,000 County) for 2010. The Committee requested that the staff provide them with copies of the three quotations received. The Committee will recommend that Borough Council authorize the expenditures up to $47,975 as presented in the June 28, 2010 Haller Property sources and uses report at their July meeting.

3. The Committee reviewed a letter from Lancaster County-wide Communications whereby they have informed the Borough of their intent to renew their lease for a tract of land on the mountain for another ten year term as permitted in the lease by giving formal notification at least six month prior to the expiration of the lease. The current lease will terminate May 31, 2011. The annual lease payment during the additional term will be $2,400 per the lease agreement. No additional action is required for this item.

4. The Committee reviewed a request to release the financial security for the Musselman Lumber land development. All work has been completed to the staff’s satisfaction and no improvements are proposed for dedication. The Committee will recommend that Borough Council release the financial security in the amount of $112,402.42 at their July meeting.

5. The Committee reviewed a Subdivision and Land Development Agreement for the Susquehanna Bank land development, 1300 West Main Street in the amount of $42,246.55. The Committee will recommend that Borough Council approve the agreement at their July meeting.

6. The Committee was advised that the Zoning Hearing Board denied the application to convert an existing single family home with attached office (home occupation) into a two-family dwelling for the property at 230 Penn Avenue. No further action is required for this item.

7. The Committee revisited the proposed text amendment to the Zoning Ordinance regarding the rebuilding of structures that are nonconforming which are destroyed by more than 75%. The Solicitor discussed the impact of nonconforming uses and structures to the Borough. He indicated that developing an ordinance to address all the possible scenarios would be very complex and depending on the circumstances in one case acceptable but in another not acceptable. He believes much more data should be compiled and looked at before a decision is made. It was suggested that perhaps they should be dealt with on a case by case basis. The Committee noted that it is possible to seek relief from this requirement from the Zoning Hearing Board in advance of the actual event which is perhaps the most effective way to address this problem. The Committee agreed to table this item at this time but may give further consideration in the future.

PUBLIC SAFETY COMMITTEE REPORT – JULY 12, 2010

The Public Safety Committee met on June 24, 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. Old Business was called first by the Chair. Chief Brian Rohrbaugh of the Ephrata Rescue gave a presentation regarding the Rescue’s budget request to Council. Chief Rohrbaugh provided a handout (copy of file) of the budget projections on projected needs and expenses that the Rescue faces. The presentation covered the dispersal of the personnel, materials, fleet and property with the merger of the Rescue with the Pioneer and Lincoln FD’s. The entire fire service reorganization was also covered as to equipment, call box set-up and coverage. After the presentation and some questions/clarifications, the Chair received a motion by PSC Member Rowe for the Borough to grant their $10,000 budget request. This was seconded by PSC Member Good. The Chair called for a hand vote by all attending Borough Council members present, and it was unanimously passed. PSC Chair Richard asked could the check be ready as early as tomorrow (being Friday the 25^th). Mrs. Bare (Borough CFO) stated it would be, and Chief Rohrbaugh and she made necessary arraignments for delivery. Chief Ritter of Lincoln FD offered to attend a future PSC meeting or work session with Pioneer FD to display new equipment and organization. This offer was welcomed by all.

3. Public Comment: Mr. Mark Karmilowicz of 136 Marion Terrace and owner of D & M Tree Service (T: 717-733-9317) had three issues to bring to the PSC.

a. He was concerned over the Borough’s and Rec Center’s bid process concerning tree removal and spraying in the park. He felt the work was offered without bids/oversight and the services performing the work are charging more than the competitive fees. The bid process was explained, and Mrs. Bare (Borough CFO) was requested to provide follow-up to Mr. Karmilowicz.

b. He was concerned over the Borough providing free snow removal for the Pioneer and Lincoln Fire Companies. He also has a skid loader and inquired about bids for coverage. The Borough policy was explained as to fire protection, the Borough will clear the fire houses to ensure fire service.

c. His final concern was over not painting yellow curbs at intersections within the Borough. PSC member Good (Highway Committee as well) and PSC Chair Richard explained the policy on no painting for fiduciary reasons. This concluded public comment.

4. New Business:

a. War Memorial Permit Waiver Request: The Chair presented the request and packet prepared by Borough Staff (Ms. Harris). The packet showed a breakdown of the fees ($208.00) that was requested for waiving. Discussion as to waiving all Borough internal fees and not waiving any external/3^rd Party fees. The only external fee was a $4.00 fee for UCC Training paid to the state. A motion was made for all but this fee of $4 to be waived and the internal $204.00 fees to be waived. Motion made by PSC member Rowe and seconded by PSC member Good.

b. Support for House Bill 2513: The Mayor presented and requested the Borough Council join in his Mayoral resolution and the PSC request Council to support with a joint resolution. This bill will allow municipal police officers to use radar for speed enforcement if the police agency meets international or PA state accreditation. Chief Harvey explained the benefits of this bill, should it occur. Mr. Sawyer (Ephrata Township) stated that the Township is endorsing this legislation as well. The PSC supports this resolution with the suggested wording:

The Ephrata Borough Council believes H.B. 2513 is beneficial for two important constituencies within the Commonwealth. This Bill promotes both the best interests of our citizens and the continuing professionalism of policing within the Commonwealth.

As the only state in the nation that does not permit the use of radar by local police, we are robbing our citizens of an important, efficient and effective tool to combat speeding and aggressive driving. Many studies have shown the huge cost that speeding causes in terms of death, injuries and crashes. Speeding has been and remains one of the primary complaints that citizens make to law enforcement regarding traffic. Radar can be deployed in virtually any environment. The speed timing devices that are currently approved for use by local police have inherent operational restrictions, such as a minimum sight distance or multi-personnel operation.

The requirement that criminal justice agencies be certified by the Pennsylvania Law Enforcement Accreditation Commission before radar may be employed promotes professionalism in policing. The Commission standards could include operational requirements on the use of radar to prevent abuse and prevent non-certified personnel from employing the device. However, there is a bigger benefit. Since the Commission has a broad-based agenda to improve the standards of policing and demonstrate the necessary proofs that those standards are applied consistently, a certified agency will perform its mission better. Our citizens will see a better quality of life by having a certified agency protect them.

c. Request for Evidence Room Air Exchange System: Chief Harvey presented a request for an air exchange system for the police department’s evidence/property room. Three bids were presented and discussed along with a packet of validation material (on file). The funding will come from the Borough Building Fund (exact coding will come from Ms. Bare). The Borough Solicitor will review the bids to ensure compliance to Borough code/policy in awarding the bid. This will be presented at work session. Costs are below $3,000.

5. May Comp-Stat Report: PSC was given packet (on file) of the May 2010 Comp-stat report with explanations. Crime is down this year to date.

HIGHWAY COMMITTEE REPORT – JULY 12, 2010

The Highway Committee met on June 21, 2010 and discussed the following:

1. The Committee reviewed Bid # 2010-8 to Provide and Install Thermoplastic Pavement Markings. The Committee will recommend that Borough Council award the bid to the low bidder Axtell’s, Inc., Jermyn, PA in the amount of $19,515.24. The estimate for this project was $25,000. This item will appear on the Consent Agenda.

2. The Committee reviewed a request to purchase a 2011 Ford F-250 ¾ ton pick up truck with snow plow and tool boxes for the Public Works Division. The purchase will be made through the Pennsylvania Department of General Services Costars cooperative purchasing program in the amount of $30,398.71 against a budget of $29,137 from the mobile equipment fund. $29,093.71 of the vehicle will be funded from the mobile equipment fund, and the Public Works Division will pay for the bed mounted tool boxes in the amount of $1,305 from their operating budget. This truck will replace a 1998 Ford F-150 ½ ton pick-up truck with 76,365 miles, which is recommended to be disposed of by transferring it to the Recreation Center. The Committee will recommend that Borough Council authorize the purchase at their July meeting.

3. Harry and Susan Lowe, 231 Church Avenue, addressed the Committee concerning the parking prohibition in front of his home. Mr. Lowe addressed the Committee at their April 19, 2010 meeting discussing safety concerns for vehicles entering onto Church Avenue from Peach Alley which is adjacent to their home. It was determined that in 1995, parking prohibitions were ordained and assumed that the curb was painted. The Lowe’s are requesting that the curb be repainted. They were informed that the placement of signs is the Borough standard today (versus painting curb). The Lowe’s are not in favor of posting the restrictions with signs and asked that their request for parking restrictions be withdrawn and that the existing parking prohibitions be repealed. The Committee has requested an opinion from the Borough Solicitor on the liability created from repealing existing parking restrictions created for safety reasons. The staff will request the solicitor’s opinion and report back to the Committee at the July 19, 2010 meeting.

MUNICIPAL ENTERPRISES COMMITTEE REPORT – JULY 12, 2010

The Municipal Enterprises Committee met on June 28, 2010 and discussed the following:

1. The Committee reviewed the June 25, 2010 memorandum of Director of Engineering and Public Works Robert Thompson concerning change order #1 to the sanitary sewer line installation to eliminate the Pleasant View Road pump station. Due to an error in GIS information, the line was designed at too high an elevation to meet the invert at the manhole in Pleasant View Road. The problem will be corrected by relaying 100 feet of the new sanitary sewer line. The staff presented its recommendation that, absent objection from the Committee, the project proceed immediately so that contractor may restore the disturbed area through the residential property on which the new line has been run to minimize the inconvenience to the property owner. The Committee expressed no objection to the proposal.

2. The Committee discussed a renewable energy project proposed by Diversified Energy Partners, Inc. The proposal involves building a municipal solid waste to energy facility adjacent to the main Borough substation. Project representatives were in attendance to discuss the project. The Committee expressed interest in this project and requested the Borough Manager to seek proposals for consulting services necessary to perform appropriate due diligence review of this project.

3. The Committee reviewed the announcement of a contract between American Municipal Power, Inc. and Standard Energy regarding the development of up to 300 megawatts of solar power for interested AMP members. The Borough Manager discussed recent responses to a request for proposals on solar power as collected by GDS Associates and a comparison of the solar prices to the current power supply portfolio of the Borough. The Committee expressed interest in considering solar power installed behind the meter in the Borough system, noting that additional evaluation would be required before any commitment could be considered.

4. The Borough Manager presented a preliminary draft revision to Chapter 165, Electricity, of the Code of Ordinances. The draft was written to address primarily concerns about security deposits and net customer metering. The Committee will review the draft for discussion at the next Committee meeting.

5. The Borough Manager provided an update regarding recent activities associated with one of the Church Avenue substation class transformers. Waukesha representatives were in Ephrata to replace one high side bushing and to correct several oil leaks that developed after the unit was taken off line. The unit has developed a leak of the nitrogen blanket, but staff is carefully monitoring the situation. Following the Waukesha repairs, the unit passed a new battery of tests and was energized for 24 hours with no load and then returned to normal service without incident on June 18. Approximately $25,000 has been committed or paid to date to ensure the integrity of this transformer.

6. The Borough Manager proposed purchasing a new bucket truck through the COSTARS cooperative purchasing program at a cost of $127,180. The Committee will recommend this budgeted purchase as part of the consent agenda at the July Council meeting

7. The Chairman noted that Senate Bill 168 regarding changes to the Pennsylvania Borough Code to allow specifically contracts for power supply containing take-or-pay and take-and-pay provisions has been re-referred from the House Local Government Committee to the House Consumer Affairs Committee. This move was seen as a favorable development for the proposed legislation.

BUDGET AND FINANCE COMMITTEE RECOMMENDATION – 7/12/2010

The Budget and Finance Committee recommends the following:

1. That Borough Council accept the Financial Statements and the Police and Non-Uniform Pension Plan Statements for year end December 31, 2009 as prepared by Maher Duessel, Certified Public Accountants.

2. That Borough Council authorize execution of the Web Payments Agreement with Springbrook Software regarding the processing of online utility bill payments from Borough customers.

DEVELOPMENT ACTIVITIES COMMITTEE RECOMMENDATION – 7/12/2010

The Development Activities Committee recommends the following:

1. That Borough Council authorize the President and the Secretary of the Borough to execute Pennsylvania Department of Transportation Highway Occupancy Permit Application # 273718 Condition Statement for improvements associated with the Evangelical Lutheran Church of the Holy Trinity, 167 East Main Street, final land development plan.

2. That Borough Council approve the Subdivision and Land Development Agreement with the Evangelical Lutheran Church of the Holy Trinity, 167 East Main Street, for improvements pertaining to the final plan of the Holy Trinity Lutheran Church prepared by Fuehrer Associates, containing pages 1 through 14, dated July 7, 2010 with no revisions, in the amount of $57,099.52.

3. That Borough Council authorize expenditures to the Haller Property in an amount not to exceed $45,875 per the Haller Property Lancaster County Urban Enhancement Fund June 28, 2010 Sources and Uses summary.

PUBLIC SAFETY COMMITTEE RECOMMENDATION – 7/12/2010

The Public Safety Committee recommends the following:

1. The Public Safety Committee recommends the partial waiver of permit fees for the War Memorial building permit request for a ticket booth. The fees that will be waived are internal fees of the Borough and have no outside or 3^rd party interests. The “building permit” fee of $124.00, the Electrical Admin fee of $30.00, the Plumbing inspection fee of $50.00 for a total of $204.00 in fees. The only fee that is external is a $4.00 fee for UCC Training fee paid to the state.

2. The Public Safety Committee recommends that this Council support House Bill 2513 and prepare a resolution to be sent to our state legislators. This bill will allow municipal police officers to use radar for speed enforcement if the police agency meets international or PA state accreditation. The Public Safety Committee recommends the following wording:

3. The Public Safety Committee recommends the approval of contracting for the installation of an air exchange system for the police evidence/property room. The selected vendors will be Accu-Aire for the air exchange system for $3,329.00 and Sensenig Roofing for roof modifications to accommodate the air exchange system for $630.00. The funding will come from the Borough Building Fund (Acct# 3169-100-7600). The Borough Solicitor has reviewed the bids to ensure compliance to Borough code/policy in awarding the bid.

4. That Borough Council authorize the appropriate Borough officials to execute the 2009-2011 Collective Bargaining Agreement with the Ephrata Law Enforcement Association, said agreement drafted pursuant to the October 29, 2009 binding arbitration award.


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