Approved minutes - Regular Meeting WhWRnS  Approved minutes Special Meeting  Approved minutes - Special/Workshop Meeting    Regular Meeting November 14, 2023 7:00P.M.  The regular monthly meeting ofthe Meyersdale Borough Council was called to order by President Folk, Mr. Ackerman, Mr. Baer, Mr. Baker, Mr. Folk, Mrs. Gnagey, Mrs. Knieriem, and Mayor Smith were present. Solicitor Valentine was present via telephone. Note: There were only 6 Council Members due to the resignation ofl Mr. Parisi. Brion Reiber, Street Foreman was present. There was no representative from the Police Department. Council Members Elect Mr. Jeff Irwin, DDS and Mr. Thomas Smith were present and were  November 14, 2023 at 7:00P.M.  invited to sit with Council and engage in the meeting.  MINUTES:  Mr. Ackerman made the motion to approve the minutes of the October 10, 2023 regular meeting with a correction to Page 3 under Light up Night Activities, the ice cream stand will be open with free treats was to be  removed. Mr. Baer seconded. FINANCIAL REPORT/BILLS: seconded. Motion passed. GUESTS:  Mr. Baker made the motion to accept the financial report and pay the bills as presented. Mr. Ackerman  A.) Mr. Tyson Donaldson was registered as a guest, but was not present.  B.) Mr. Dan Pletcher was present regarding a problem with parking on both sides of Center Street from the Successful Beginnings Daycare down to the monument. He reported that this becomes very dangerous and asked for Council to consider making changes. After some discussion, it was decided that one spot of parking lines would be blacked out, a yield sign would be installed and the situation would be monitored. Mr. Josh Sechler and Mrs. Katie Billy were present to give an updated report on the accounts currently at Somerset Trust. The bank is committed to Meyersdale and a list of donations the bank has given was presented. After some discussion, proposals for investments was to be listed on the December 2023 Agenda. Mr. Tom Deetz was present to provide a: report on the activities being planned for the upcoming 150th Anniversary celebration. The official kickoff date is set for February 19, 2024 when all the churches will join ini ringing their bell. A wagon train will come through town in June. The Fire Department will assist with traffic control for this event. Dinners are also being planned as well as a time capsule. The next meeting is scheduled for January 8, 2024 and donations to offset the cost of the celebration are being accepted. It was  PUBLIC COMMENT:  noted that the Fire Department will celebrating a significant anniversary as well in 2024.  PRESIDENT'S REPORT: No report was given.  Regular Meeting November 14, 2023  Page 1    MAYOR'S REPORT:  Mayor Smith reported that a vandalism spree of painting on buildings has been reported. He asked the community for assistance with any and all information regarding the case, including camera footage.  There was no report on fines for the month. HIRING POLICE CHIEF  Mrs. Gnagey made the motion to offer Mr. Adam Horning the full time ChiefofPolice position at $26.50 per hour with benefits, 40 hrs. per week effective January 8, 2024. Mrs. Knieriem seconded. Motion passed. Mr. Kevin Broadwater: reported that the Borough will be receiving an invitation to participate in a program  EMERGENCYMANAGEMENT COORDINATOR: related to hazard mitigation to lessen the effects ofa disaster.  ENGINEERS REPORT:  A quote from Appalachian Engineering was presented to complete the survey for the subdivision of the land on which the Vietnam/Korean Memorial was erected outside of the Community Center. Mrs. Gnagey pointed out that at the September 2023 meeting the Committee was willing to pay for any costs associated with the survey and was concerned why the Borough would be part oft this process. After some discussion, it was decided that the Vietnam/Korean Memorial Committee will pay for the survey and Appalachian Engineering will be notified  to draft an agreement with the Committee for the work to be performed.  SOLICITOR'S REPORT:  Solicitor Valentine reported on the following:  The Donaldson/Steinly issue is a private issue.  Ad draft of the electric scooter ordinance will be provided to Council to review.  Ad draft website policy was provided for Council review. Items to be considered for posting on the website are the zoning ordinance, noise ordinance, nuisance ordinance, and adoption of the UCC Recommended the approval of ai notice of offer to purchase property at private sale. Mrs. Gnagey made the motion to approve the bid offer of $265.11 from Mr. Zachary Butler toj purchase property at private sale, formerly owned by Earl A. & Anna Meyers at 4519 Mason Dixon Highway, Meyersdale, PA 15552 as outlined in a notice from the Somerset County Tax Claim Bureau. Mrs. AZ Zoning Hearing requested by Michael Rhoten (Adventure Lodging) will be conducted on December 6,2023at 7PM in the meeting room. The purpose of the hearing is for the Zoning Hearing Board to consider approval ofmini homes or campers to be used as an air B&B at a property owned by Mr.  building code.  Knieriem seconded. Motion passed.  Rhoten on Main Street. CODE ENFORCEMENT:  The PA Municipal Code Alliance sent a Notice of Violation to a property owner at 326 Salisbury St., however, the property has been sold and transferred to a new owner since the time that the violation was issued. After some discussion, Mrs. Gnagey made the motion to authorize the PA Municipal Code Alliance to continue enforcement against the current owner of 326 Salisbury Street. Mrs. Knieriem seconded. Motion passed. Mrs. Gnagey reported that the demolition project at the PA Maple Festival has been completed.  Regular Meeting November 14, 2023  Page 2    DONATION TO POLICE DEPARTMENT: donation to the police department. COMMITTEE REPORTS: Municipal Authority No report was given. Street Foreman  Lieutenant Timmy Pritts presented a check from the Somerset VFW #554 in the amount of$ $1,200.00 as a  Mr. Brion Reiber reported on the following:  School students participated in the annual cleanup day October 23, 2023. The temporary Meyers Ave. access road has been completed with road millings.  The police vehicles are ready for winter. The skid loader will need tol be fixed.  Mrs. Gnagey asked ift the decorative deer were assembled. Mr. Reiber reported that they were not assembled. After some discussion, Mrs. Patti Shaulis volunteered to reach out to Mr. Horn at the school and have the Mrs. Gnagey asked ift the barricades will be replaced. Mr. Reiber reported that he did not receive approval from Council on purchasing supplies, how many are to be built and the time frame in which to have them completed. Mrs. Gnagey asked that Mr. Reiber check the power source for the park before Holiday decorating begins at the  students complete the assembly.  Main Street Park.  Meyersdale Area Merchants Association drive is planned with large cash payouts as prizes.  Mrs. Denise Gehringer reported that Small Business Saturday will be held on December 2, 2023. A ticket  Public Library No report was given. Parks & Recreation the event.  Mrs. Gnagey reported that the group is gearing up for Light Up Night and provided a summary of activities for Mr. Ackerman made the motion to accept the resignation ofl Mrs. Tina Boyce from the Parks & Recreation Board effective October 13, 2023. Mr. Baer seconded. Motion passed. Mrs. Gnagey indicated that a  Resignation of Parks & Recreation Board Member  replacement was not needed. Meyersdale Renaissance for security.  Mrs. Wendy Kelly reported that there are $250 grants available from the Meyersdale Renaissance to businesses The group is working on a pitch statement that is necessary to get a Main Street Program started.  COUNCIL MEMBERS-S-STANDING COMMITTEES  POLICE/PUBLIC: SAFETY No report was given.  Regular Meeting November 14, 2023  Page 3    PERSONNEL  Solicitor Valentine reported that Mr. Roland Graham, representative for the RWDSU Non Uniform Union will  be meeting with Council in Executive Session.  FINANCE No report was given. REFUSE Refuse Hauler Increase  A letter from David J. Flower, Esq. was received regarding a request from Harbaugh Trucking for an increase in the monthly contracted hauling fee due to an increase in landfill fees pursuant to Contract and Extension thereof Mrs. Gnagey made the motion to approve the request from Harbaugh Trucking for an increase in trash hauling The monthly rate will increase from $14,623.55 to $16,214.31 per month effective November 1,2 2023. It was decided that the Borough would absorb the increase of $1,590.76 per month from the current refuse  between Meyersdale Borough and Harbaugh Trucking, Inc. fees. Mrs. Knieriem seconded. Motion passed.  account surplus without increasing the monthly rate charged to the customers.  STREEIS/BUIDINGS No report was given. FLOOD CONTROL Noi report was given. FARMERS MARKET No report was given. UNFINISHED BUSINESSS: A.) Patrolman police agreement/handbook The document has not been signed. B.) E-Bike charging station grant update  Mrs. Denise Gehringer was unsure of the status of the E-Bike charging station, but thought that  the completion may be on hold for ITI to finish the custom build.  C.) Ambulance meeting  Mrs. Gnagey reported on the Public Hearing held with regard to Ambulance service to the area.  Federal, State and Local Officials were in attendance.  Some points discussed:  The. Ambulance Association may be hiring two more staff members. to charge per mile from the beginning to the end of the trip. Senate Bill 501, if passed will give the ability to set up an Authority.  State governed rules for reimbursement are changing, which will allow the Association Discussion regarding each person in the service area donating $10.00 would assist with  Regular Meeting November 14, 2023  Page 4    the finances for the Association.  Discussions will be held for a month or two, then revisited.  Mr. Kevin Broadwater reported that the Ambulance Association is working on applying for a 501c3 status Mrs. Knieriem suggested that the ambulance topic remain on the Agenda for future discussion.  and are looking to the future as to how to sustain the Ambulance Association.  NEW BUSINESS: A.) Announcements There were no announcements. B.) Adopt 2024 Budget  Mr. Baer made the motion to adopt the 2024 budget as presented with revisions to the refuse fund budget necessary to accommodate the increase to Harbaugh Trucking. Mr. Baker seconded. Motion passed.  C.) Finalize 2024 Budget  1. Adopt Real Estate Tax Ordinance #442 seconded. Motion passed. 2. Adopt Resolution 10-2023 Act 511 Taxes EIT -%of1% Mechanical Devices $25 per machine Occupation (Assessment Occupancy Tax) Per Capita - $5.00 Local Services Tax- $52.00 Realty Transfer Tax-of1% Mr. Ackerman seconded. Motion passed.  Mr. Ackerman made the motion to adopt the Real Estate Tax Ordinance #442 for 2024. Mr. Baer Mr. Baker made the motion to adopt Resolution 10-2023 to enact the Act 511 Taxes as follows:  D.) Adopt Resolution 11-2023 Police Pension Contributions Pension Plan for 2024. Mr. Baker seconded. Motion passed.  Mr. Ackerman made the motion to adopt Resolution 11-2023 eliminating contributions to the Police E.) Adopt Ordinance #443 - Vacating and abandoning a portion of the Right of Way on 7th Ave. West Adopt Ordinance #444- Vacating and abandoning a portion of the Right of Way on Alaska St. Public discussion was held on these ordinances. Mr. & Mrs. Wayne Mathias, represented by their Legal Counsel, Mr. Michael Kuhn opposed the passage. Mr. Kuhn pointed out that ift the Ordinances After some discussion, Mr. Baer made the motion to table the adoption ofthe ordinances and instruct Solicitor Valentine to reach out to Mr. Kuhn to discuss the same. Mr. Ackerman seconded. Motion passed. 1.1 Mrs. Gnagey made the motion to adopt Resolution 12-2023 to designate President Folk as the offiçial to execute all documents and agreements between the Borough of Meyersdale and the Commonwealth Finance. Authority to facilitate and assist in obtaining grant funding. Mr. Baer seconded. Motion  are passed, adjacent owners would be entitled to own to the middle oft the road. Mrs. Patti Shaulis, an adjacent property owner was present, but did not comment.  F.) LSA (Local Share Account) Grant documents  passed.  Regular Meeting November 14, 2023  Page 5    2. Mrs. Gnagey made the motion to authorize President Folk to sign the W-9 form as a requirement of  the LSA grant application. Mrs. Knieriem seconded. Motion passed.  G.) Beautification Expense  Mrs. Gnagey requested that Mr. Dave Beckner be paid for lumber to build a stable for the live nativity set from the Harry Leckemby Trust Account. The Secretary reported that Mr. Beckner had already been paid with Frank Lucent funds per an e-mail request dated October 18, 2023 from Mrs. Gnagey.  H.) Additional funds for Light up Night  Mrs. Knieriem made the motion to authorize $250.00 from the general fund for expenses associated with  the Light up Night if needed. Mr. Baer seconded. Motion passed.  I.) Letter of Support for Municipal Authority  Mrs. Knieriem made the motion to send a letter of support for the Meyersdale Municipal Authority Sewer System Improvement grant application through the Local Share Account. Mr. Baer seconded. Motion passed with Mrs. Gnagey and Mr. Baker abstaining. (See attached Conflict of Interest Abstention  Memorandums). GOALSE FOR2023 Ordinance Review No report given. Zoning Review No report given. New Building No report given.  Emergency Access Road Meyers Ave. No additional report given. Control Spending No report given. Flood Control rip rap No report given.  ADDITIONAL ITEMS FOR DISCUSSION: There were no additional items to be discussed.  EXECUTIVE SESSION:  Mr. Baer made the motion to enter into executive session at 8:55 PM. Mr. Ackerman seconded. Motion  passed.  Regular Meeting November 14, 2023  Page 6    The purpose of the executive session was to meet with Mr. Roland Graham, the RWDSU Non Uniform Union Mr. Ackerman made the motion to return to regular session at 9:49 PM. Mr. Baer seconded. Motion passed.  Representative. Union Members were asked to be present during the executive session.  DISCUSSIONAMOTIONS: ADJOURNMENT:  There were no discussion or motions made as a result oft the executive session.  Mr. Ackerman made the motion to adjourn the meeting at 9:50 PM. Mr. Baer seconded. Motion passed.  biia C.CMhntN  Patricia C. Ackerman Borough Secretary  Regular Meeting November 14, 2023  Page 7    MEYERSDALE BOROUGH COUNCIL Regular Meeting 1/14183 Special Meeting  GUEST SIGN IN  PLEASE PRINT AnIGE MA7HAA5 Epatlhnly 3 tom Duetz TCFF Chsn EHsaur 6lBly 7RhsEugza Mishisz Avcry Metcvy PSANn ohindn HAa7 11 (nucngn 13 D.Relche  NAME  ADDRESS  TOPIC  723HLAPE MVELSDALE Soverset 334 Chege5T /hey 21 MR-ITA s7 9Suthsc 413 AgL61  Vaesle Boadusy vfdak 150 H Ahaua  Snshuust Snlnuy 5. BPoruay &R Coler S+. Nouh Soerde  12  Smi  14 Denist. Gehinhe 106 Mayers A  15 WMondy Vlys  16 17 18 19 20 21 22 23 24  GUESTS MUST STAND WHLE SPEAKING  GUEST SIGNI IN ON EXCEL    RESOLUTIONNO. 10-2023  RESOLUTION  ofthe Meyersdale Borough Council establishing the Act 511 taxes for the  Borough ofMeyersdale for 2024.  BEITI RESOLVED by the Council of the Borough of Meyersdale as  follows:  1. The Earned Income Tax for all earned income and net profits is 1/2 of (1%) percent for individual residents and non-residents ofthe  Borough.  2. The Per Capita Tax is FIVE ($5.00) DOLLARS per person for all residents living in the Borough ofMeyersdale. 3. The Real Estate Transfer Tax is one-half of one percent of the  consideration in real estate transfers.  4. The Occupation Taxes shall be up to 100 mills.  5. The Local Service Tax is FIFTY-TWO ($52.00) DOLLARS per person for all those employed in the Borough ofMeyersdale. RESOLVED and ENACTED this 14th day of] November 2023.  MEYERSDALE BOROUGH COUNCIL  BY: L  President  ATTEST  thhisia LARNAGN Borough Secretary  LAD Mayor    RESOLUTIONNO.11-2023  A] RESOLUTION OF THE. BOROUGH OF MEYERSDALE, COUNTY OF SOMERSET, COMMONWEALTH OF PENNSYLVANIA, ELIMINATING MEMBER CONTRIBUTIONS INTO THE POLICE PENSION FUND FOR THE YEAR 2024.  WHEREAS, Act 600 provides that contributions into the Meyersdale Borough WHEREAS, a Resolution is required to reduce or eliminate payments on an NOW, THEREFORE, BE IT RESOLVED by the Borough ofl Meyersdale, County of Somerset, and iti is hereby resolved by and with authority oft the same that member contributions to the Meyersdale Borough Police Pension Plan are eliminated for  Police Pension Plan by members may be reduced or eliminated;  annual basis;  the year 2024.  ATTEST:  BOROUGH OF MEYERSDALE  hsis LORnN  R  A  EXAMINED AND APPROVED this 14th day of November 2023.    RESOLUTION12-2023  Be it RESOLVED, that the Borough of Meyersdale, Somerset County hereby request a Statewide Local Share Assessment grant of $90,640.00 from the Commonwealth Financing Be it FURTHER RESOLVED, that the Applicant (the Borough of Meyersdale) does hereby designate Brooke Folk, President of Council as the official (s) to execute all documents and agreements between the Borough of Meyersdale and the Commonwealth Financing Authority to  Authority to be used for security improvements  facilitate and assist in obtaining the requested grant. RESOLVED and ENACTED this 14th day of] November 2023.  ATTEST:  BOROUGH OF MEYERSDALE President ofCouncil A58  bina COBraaN  Borough Secretary  I, Patricia C. Ackerman, duly qualified Secretary ofthe Borough of Meyersdale, Somerset County, PA, hereby certify that the foregoing is a true and correct copy ofal Resolution adopted by a majority vote oft the Meyersdale Borough Council at a regular meeting held November 14, 2023 and said Resolution has been recorded in the Minutes of the Meyersdale Borough and  remains in effect as of this date. 14th day of November 2023. Borough of Meyersdale Somerset County  IN WITNESS THEREOF,Ia affix my hand and attach the seal of the Borough of] Meyersdale, this  hbiva CAAPNAN  Borough Secretary    Conflict of Interest Abstention Memorandum  TO: Borough Secretary, Patricia C. Ackerman  Meyersdale Borough, Somerset County, Pennsylvania  FROM: barun Gnagy  council member  DATE:  1b4l3  Pursuant to Pennsylvania's* "Public Official and Employee Ethics Law" (651 PA CSA 1101 et seq), Ihereby  declare that I am required to abstain regarding the following issue/ motion:  m MMA Boand  My conflict/reason for abstaining is as follows:  m bond  04nag4  NOTE: Section 1103 (J) requires the following procedure:  "Any public official or public employee, who in the discharge of his official duties, would be required to vote on ai matter that would result in a conflict ofinterest shall abstain from voting and, prior to the vote being taken, publicly announce and disclose the nature ofhis interest as a public record in a written memorandum filed with the person responsible for recording the minutes for the meeting at which the vote is taken...." (Please note that State Ethics Commission requires aj public official to complete a form every time he has a  conflict ofinterest).  ABSTENTION MEMORANDUMI (Saved on shortcut to Patty)    Conflict ofInterest Abstention Memorandum  TO: Borough Secretary, Patricia C. Ackerman  Meyersdale Borough, Somerset County, Pennsylvania  FROM: Eney Baker DATE: 1f/3  council member  Pursuant to Pennsylvania's" "Public Official and Employee Ethics Law" (651 PA CSA 1101 et seq), I hereby  declare that I am required to abstain regarding the following issue/ motion:  Grent fer Muniopal hhariht  My conflict/reason for abstaining is as follows: Fam employed by m.m  lyRh Signature  NOTE: Section 1103 (J): requires the following procedure:  "Any public official or public employee, who in the discharge ofh his official duties, would be required to vote on ai matter that would result in a conflict ofi interest shall abstain from voting and, prior to the vote being taken, publicly announce and disclose the nature ofhis interest as aj public record in a written memorandum filed with the person responsible for recording the minutes for the meeting at which the vote is taken...." (Please note that State Ethics Commission requires a public official to complete a form every time hel has a  conflict ofi interest).  ABSTENTION MEMORANDUM (Saved ons shortcut to Patty)