Approved minutes - Regular Meeting 3/1412033  Approved minutes - Special Meeting  Approved minutes - Special/Workshop Meeting    Regular Meeting March 14,2023 7:00P.M.  Ther regular monthly meeting oft thel Meyersdale Borough Council was calledt to order by President Folk, Mr. Ackerman, Mr. Baer, Mr. Baker, Mr. Boyce, Mr. Folk, Mrs. Gnagey, Mr. Parisi, Solicitor Valentine and Mayor Smithy were present. Brion Reiber, Street Foreman was also present. Matt Wright, Police Chief was Mr. Ackerman madet ther motion to approve the minutes of the February 14, 2023 Regular Meeting and the February 22, 2023 Special/Workshop: Meeting as presented. Mr. Baker seconded. Motion passed. Mr. Boyce madet the motion to accept the financial report and payt the bills as presented. Mrs. Gnagey Mr. Ackerman: made the motion to add thet topic of resignations tot the Agenda. Mr. Baer seconded. Motion President Folk read al letter of resignation from Brett Boyce as a council member and al letter ofr resignation from Mrs. Debra Boyce as a member oft the Parks & Recreation Board, both being effectivel March 31,2023. Mr. Ackerman madet the motion to accept the resignations effective March: 31, 2023. Mr. Bakers seconded. Mr. Ackerman made the motion to nominate Dr. Jeffrey Irwint to fill the vacancy on Council effective April 1, Mrs. Virginia Knieriem asked why her letter ofinterest was not addressed. Solicitor Valentine indicated that she has all oft the qualifications, however the nomination for Mr. Irwin must be completed before another Roll Call Vote: Mr. Ackerman Yes; Mr. Baer Yes; Mr. Baker- Abstained (See attached Conflict of Interest Abstention. Memorandum); Mr. Boyce Abstained (See attached Conflict ofI Interest. Abstention Memorandum); Mr. Folk Yes; Mrs. Gnagey - paused for several seconds, a definitive vote was not detected, therefore the President of Council directed the roll call to continue; Mr. Parisi - Yes. Motion passed. Mr. Irwin will serve until December 31, 2023. Ity was explained thatt the two year unexpired term vacated by Mr. Boyce willl be addedt tot the ballot for thel May 2023 election. Mr. Folk noted that Mr. Parisii isi int thej process of constructing ar new homei in Summit' Township andi ifher moves out oft thel Boroughi in 2023,1 his position on Borough Council willl be available. There will be at total off five open seats on Council for the upcoming May A.) Mrs. Kyla Pritts, Beer Ream & Company LLCI presented the 2022 audit report. Mr. Ackerman made the motion to accept the 2022 audit report as presented. Mr. Baer seconded.. Motion passed.  March 14,2023at7 7:00P.M.  absent. MINUTES:  FINANCIAL REPORT/BILLS: seconded. Motion passed. RESIGNATIONS: passed.. Motion passed. 2023. Mr. Baer seconded. nomination can be made.  2023 election. GUESTS:  Regular Meeting March 14, 2023 Page 1    B.) Ms. Donna Smith was listed asa guest on the Agenda to speak about planting a tree inl honor of Mrs. Connie Anderson was present to report that she wants tol be a vendor at the annual PAI Maple Festival, but was denied space tos sell maple syrup by thel PA Maple Festival. She askedi if she would be able to set After some discussion, Mrs. Gnagey made the motion to allow the Anderson family to sell maple syrup on Main Street with noj permit fee, but that they will need to file an application and supply liability insurance. Mr. Louie Martin was present regarding a neighboring property owner wanting to utilize an unopened alley. According tol Mr. Martin the neighbor wants to open and build up the alley, which willl have an adverse effect with drainage for Mr. Martin. The neighbor is also claiming that the survey pins are incorrect. Solicitor Valentine reported that the proper process must be followed to open a street and that the area inc question isi in the. Army Corps of Engineer wetlands and floodplain. PA Municipal Code Alliance will need tob bei involved. After some discussion, Mr. Martin was advised to contact the police ift there is ani issue going Mr. Tony Mostoller was present to report that he had submitted. a letter to the Secretary for the lease renewal between the Borough and the. Apostolic Academy. This item will be added to the April meeting Agenda. Mr. Mostoller also reported that during thel Maple Festival the church willl be selling food and askedi ifthey Mrs. Pat Murray was present tos suggest that anyone wanting to plant a tree in memory ofal loved one could contact the Cemetary Association. The cemetary has been loosing many oft the older trees and the board would Mr. Jeff Irwin thanked Council for supporting his appointment. He is anxious to work with the Mayor, Council  her son, however she was not present. up on private property. Mr. Boyce seconded. Motion passed. PUBLICCOMMENT  forward.  needed aj permit. Solicitor Valentine indicated that they did not.  welcome the planting of replacement trees. and) Borough employees. PRESIDENT'S REPORT: No report was given. MAYOR'S REPORT:  Mayor Smith reported $440.12 in fines. Mayor Smith reported that the 2023 Dodge Durango was picked up and willl be taken tol Latrobe for the upfit installation. It was also reported that there have been eight drug busts. Mr. Kevin Broadwater was present to report that the Automated External Defibrillator (AED) unit that the Borough helped with purchasing for the Fire Department has been used extensively.  EMERGENCY MANAGEMENT COORDINATOR:  ENGINEERS REPORT: No report was given.  Regular Meeting March: 14, 2023 Page2    PURCHASE. AUTOMATED EXTERNAL DEFIBRILLATOR UNITI FOR COMMUNITY CENTER: Mr. Parisi madet the motion to add the topic of purchasing an AED unit tot the Agenda. Mr. Ackerman Mrs. Gnagey madet the motiont top purchase an AED unit for installation int the community center ata cost not to exceed $4,000.00 from the General Fund. Mr. Boyces seconded. Motion passed. The unit ist to be compatible with the units used by the. Ambulance and) Fire] Department and Mr. Kevin] Broadwater will coordinate  seconded. Motion) passed. purchasing the correct unit. SOLICITOR'S REPORT: Solicitor' Valentine reported on the following: Meyersdale Healthcare &1 Rehabilitation easement and reviewed by Solicitor Valentine. Mr. Baer seconded.  Mr. Parisi madet ther motion to accept and approve the easement at2 201 Hospital Drive as prepared Solicitor Valentine had met with) PMCA: for guidance regarding several properties. Some ofthe properties would require involvement fromt the School Board and the Somerset County Commissioners regarding forgiveness of delinquent taxes. Council decided toi invite County officials, School Board members and) Mr. Steve Spochart from the Redevelopment Authority to attendt the April 26,2023  Special/Workshop: meetingt to discuss the: same.  CODE] ENFORCEMENT: No report was given. COMMITTEE REPORTS: Municipal Authority No report was given. Street Foreman  Mr. Brion) Reiber, Street Foreman reported that thei furnace int the community center is now working properly.  Darr Construction made some major adjustments tot the furnace. Meyersdale Areal Merchants Association Nor report was given. Public Library Nor report was given. Parks & Recreation  Mrs. Gnagey reported that thel Easter Egg Hunti iss scheduled for April 1,2023. The Fireworks willl bel held on July 2,2023.. The wrestling committee willl be selling food from the pavilion concession area. Mrs. Gnagey reported that they are stilll looking fora al home for the TV system. Application has been made to  Itv was reported that 461 kids attended the Valentine Day dance. assist businesses top purchase security cameras.  Meyersdale Renaissance  Regular Meeting March: 14, 2023 Page3    LUUNCILMEMBERS-STANDING COMMITTEES  POLICEPUBLICSAEETY problem. PERSONNEL No report was given. FINANCE No report was given. REFUSE No report was given. STREETSBUILDINGS Street sweeping equipment No update was given.  President Folk reported that a complaint ofr non registered, non) licensed vehicles that had been parked on! Main Street alongside of the former GC Murphy building has been addressed: and these vehicles are nol longera  Mayor Smith reported that Columbia Gas will meet to discusst the possibility of repaving some oft the streets that weret torn up last summer due toag gas line replacement. Some oft the streets may be resurfaced curb toc curb and others may only be patched at the expense of Columbia Gas. Itwas reported that Mr. Gregory Garlitz has been contacted regarding the ripr rap replacement project. Mr. Itv was reported that Mrs. Mandy Teets willl be present att the April 11,2023 meeting of Council to discuss plans for thel Farmers Market. Because Somerset has closed their Farmers Market, ity was suggested that those  FLOODCONTROL Garlitz has plans tog get this work completed. FARMERSMARKET vendors be contacted to come to.l Meyersdale. UNFINISHED BUSINESSS: A.) Patrolman police agreementhandbook NEW BUSINESS: A.) Announcements There were no announcements. B.) COLA Ronnie Ackerman Police) Pension Retiree  Mayor Smith reported that the document has not been signed.  Mrs. Gnagey madet the motion tos grant a Cost ofLiving Increase to Mr. Ronnie Ackerman Police) Pension Retiree retroactive toJ January 1,2 2023 as prepared by Feaster Pension Consulting. Mr. Baer seconded. Motion passed with) Mr. Ackerman: abstaining. (See attached Conflict ofl Interest Abstention Memorandum). The Secretary was askedt tor notify Somerset Trust Company; Feaster Pension Consulting and  Mr. Ackerman oft their decision.  Regular Meeting March 14, 2023 Page4    C.) Level Acres Landscape & Nursery Center- Main Street Park Maintenance quote Mr. Parisi made the motion to accept a quote from Level Acres Landscape &1 Nursery Center to complete a Spring clean-up oft thel Main Street uptown park toi include weed & feed, mulch and labor ata cost of $929.00. Mr. Boyce seconded. Motion passed. Mrs. Gnagey reported that Level Acres Landscape &1 Nursery Center has plans on getting the repairs completed to the Welcome tol Meyersdale sign before the Pal Maple Festival begins. D.) Councill Member tor represent thel Borough Sesquicentennial Celebration Mrs. Gnagey suggested that Mr. Folk represent thel Borough on the Planning Committee. Mr. Folk declined. This item wast to be addedt to the. April 11,2023. Agenda. E.) Temporary Use Permit- Approval for Maple Festival Mr. Parisi madet the motion to approve the Temporary Usel Permit for the PA Maple Festival. Mr. Ackerman: seconded. Motion passed. All vendors are tol bei included ont the permit for a feeof$50.00. Mrs. Gnagey reported thatt the Meyersdale Municipal Authority owns the original Little League Field and are contemplating donating thel land tot thel Meyersdale Youth) Baseball Association. During research of the area, itl has been found that as small portion oft thel land actually belong tot the Borough. Solicitor Valentine reported that the processt tot transfer this areai iss similart tot the process used to vacate a street. After some discussion, it was decided that Solicitor Valentine was to checkt thel legalities and completea deed: search oft the property. This item was tol bei included ont the Agenda for the April 11, 20231 meeting. Mrs. Gnagey reported that the Student Council willl be doinga a clean-up project on April 3, 2023.  F.). Little Leaguel Field  G.). Clean-up day GOALSI FOR: 2023 Ordinance Review No report given. Zoning Review No report given. New Building No report given..  Emergency Access Road Meyers Ave.  Mr. Parisi reported thata a meeting with officials has been scheduled: for March 24, 2023 atl 10 AM. The meeting  will begin att the Community Center, with an onsite visit to follow.  Regular Meeting March 14, 2023 Pages    Complete demolition of618 Grant St.  Mr. Parisi reported that a decision ont the) Boroughs application for grant funds is anticipated to be made by the  Somerset County Commissioners by the. April 11,2023 meeting.  Control Spending No report given. Flood Control rip rap Fundraising for Parks &1 Recreation  Ity was reported that Garlitz) Excavating is willing tol honor their contract and complete the work. Mrs. Gnagey reported that thel Parks & Recreation willl be out ofi fundsi for the fallj projects and suggested that Mr. Ackerman" s1 name bey put behindt that Agendai item because atl last months meeting he and) Mr. Boyce had talked about doing that. Mr. Ackerman: indicated that] he and) Mr. Boyce could discuss this beforel Mr. Boyce goes off Council March 31, 2023. Mr. Boyce suggested not tearing down any more buildings, there would be at least $20,000.001 to dot things. Mrs. Gnagey indicated that over $500,000.00 was spent overt thel last two years in Mrs. Gnagey madet ther motion to add the topic Summary of Procedures tot the Agenda for discussion. Nos second was made. Thisi item willl be placed on the Agenda for the. April 11,2023 meeting.  tear downs.  ADDITIONAL) ITEMS FOR DISCUSSION:  EXECUTIVESESSION: There was no executive session. ADJOURNMENT:  Mr. Ackerman made the motion to adjourn the meeting at 8:411 PM. Mr. Parisis seconded. Motion passed.  Atac C. doberman  Patricia C. Ackerman Borough Secretary  Regular Meeting March 14, 2023 Page 6    MEYERSDALE BOROUGH COUNCIL Regular Meeting 31412043 Special Meeting  GUEST SIGN IN ADDRESS M.BAIE 21 KAFR f Mtiron 3 Scosbuyst 1D6 Sherman ZCOEndAVP 343 Ith Ave. 704 Shiby JF  PLEASE PRINT NAME ony Deett 25oEnE - Rah Mishle Tahny Chwiy Caplay Qulle 8 LOMSMaTA louiu, Avderow 10 4my u a MAZ 12 Moe Fan 13 14 15 16 17 18 19 20 21 22 23 24  TOPIC  334Cgke heypslale Stdets  Aina Wuchenner 330Crs Meyslalt  518144aan 200 2ndAve  Pérmut: Koeser hel  GUESTS MUST STAND WHILE SPEAKING  GUEST SIGNINONEXCEL    RESOLUTION NO. 6-2023  RESOLUTION OF THE BOROUGH  OF THE  NAiD BOROUGHOF  COUNCIL  MEYERSDALE, SOMERSET COUNTY, PENNSYLVANIA,SPOINTINGAN INDIVIDUALTOFILL, A VACANCY! INT THE OFFICE OFI MEMBER OF COUNCIL WHEREAS, a vacancy int the Office of Elected Member of Council oft the Borough WHEREAS, Section 901 oft the Borough Code charges the Borough Council with WHEREAS, the Borough Council oft the Borough of Meyersdale, Somerset County, Pennsylvania has chosen ani individual tof fill the vacancy; and NOW, THEREFORE, be it resolved by thel Borough Council oft thel Borough of Meyersdale, Somerset County, Pennsylvania, that Councill hereby accept the resignation creating the vacancy on Council and that) Mr. Jeffrey W. Irwin, a registered elector oft the Borough, be appointed tot fill the vacancy that existsi int the Office of Elected Member of BE itf further resolved, that the above-named individual shall take officei immediately upont thei individual taking the appropriate oath ofc office and assuming his/hers seat. Bei itf further resolved, that thet term oft the abovei individual shall continue as provided Duly resolved, this 14th day of! March, 2023, by the Borough Council oft the Borough of  ofN Meyersdale, Somerset County, Pennsylvania; filling such vacancy; and  Council, effective April 1,2023.  by applicable law.  Meyersdale, Somerset County, Pennsylvania.  BOROUGH OFI MEYERSDALE By President A  ATTEST:  Atriuw COBLnta Borough Secretary    TO: Borough Secretary, Patricia C. Ackerman Meyersdale Borough, Somerset County, Pennsylvania FROM: leryBakec DATE: 3ula3  council member  Pursuant tol Pennsylvania's" "Public Official and Employee EthicsI Law" (65) PA CSA1101 et seq), Ihereby  declaret that I am required to abstain regarding the followingi issue/ motion: appoint neus Counlmembec  My conflict/reason for abstaining is as follows: mmA empleyec  B Signature  NOTE: Section. 1103 (J) requires the following procedure:  "Any public official or public employee, who int the discharge ofh his official duties, would ber required to vote onar mattert that wouldi result ina conflict ofi interest shall abstain from voting and, priort to the vote being taken, publicly announce and disclose the nature of! hisi interest as a public recordi ina a written memorandum filed with the person responsible for recording the minutes for the meeting at which the vote ist taken...." (Please note that State Ethics Commission requires aj public official to complete a form everyt time hel has a  conflict ofi interest).  ABSTENTIONN MEMORANDUM (Savedo ons shortcutto Patty)    Conflict ofl Interest Abstention Memorandum  TO: Borough Secretary, Patricia C. Ackerman Meyersdale Borough, Somerset County. Pennsylvania FROM: BretBoyce DATE: 3-14-13  council member  Pursuant tol Pennsylvania's" "Public Official and Employee Ethics Law" (65 PA CSA 1101 ets seq), hereby  declaret thatl lam required to abstain regarding the following issue/ motion:  My conflict/reason for abstaining is as follows:  The vole wqs io fll Pasifion hdIwI6sga, fromah 3-31-23.1 glso_do not thnk thet couid 6c voted  onuntil I acualiy do resigh. AAHaL  NOTE: Section 1103 (J) requires the following procedure:  "Any public official orp public employee, whoi int the discharge of! his official duties, would be required to vote onar matter that wouldr resulti ina a conflict ofi interest shall abstainf from voting and, priort tot the vote being taken, publicly announce and disclose the nature ofhisi interest asa aj public recordi inay written memorandum: filed with. the personr responsible for recording the minutes fort the meeting at which the votei ist taken..." (Please note that State Ethics Commission: requires aj public official to complete ai form every time hel hasa  conflict ofi interest).  ABSTENTIONN MEMORANDUMA (Savedo ons shoncut to Patty)    Meyersdale rehab center Thu3 3/2/2023 10:09A AM  Marc TValentine atomymarcatentineesyehmycemaeminepcom: To: Patricia Ackerman meyerndnepooghehaimlcom-Bolafok: sptkggmalcomdes Boyce Spes.dae Baer CAACASCMAENA GNAGEY papyebabouhnet,Dan Parisi Parsdanegmalcom-Ran, Ackerman mRieynstcmSNn Smith msDpocomeye Baker  cbake206@venzonne 1attachments (767KB) 001-Sune,02730pdt: All,  Ireceived: ap phone call and several communications' from the attorneys that are handling the closing. I have attached a survey oft the structure. The issue ist there are several oft the parking lots and parts of the: structure that are probably closer to the actual roadway than whaty youy wouldr normally see. The structure was built before the zoning ordinance which means thatt therey were nos setbacks inp place. The zoning ordinance does require the parking etc. As such Iviewt this as a formality and acknowledgment ofv where the current parking lots and structure are located. We legally cannot maket them move the structure or parking! lot since it was built prior tot the zoning ordinance and any other ordinancei it would control. Ihave asked that this be placed on the agenda. They are requesting that the easement be granted andt that a signed and notarized copy given to mes solc can overnighti itt tot them for closing.  Ifyoul have any questions email back on this chain.  Sincerely, MarcT. Valentine, Esq. Phone: 814-701-2835 Fax: 814-701-2590 Marc Thomas Valentine, Esquire Snyder Valentine PC PO Box 192 1161 North Center Avenue Somerset, Pa 15501  https:lloutlook. live.c MAANOAONAOMMDANATZENVACNONIW MGMSMOAyaTeSasAgMw.wwAT. 1/1    00  00000        Conflict ofInterest Abstention Memorandum  TO: Borough Secretary, Patricia C. Ackerman Meyersdale Borough, Somerset County, Pennsylvania FROM: Ronnie C. Ackerman, council member DATE: March 14,2023  Pursuant tol Pennsylvania's" "Public Official and Employee Ethics) Law" (65F PA CSA 1101 ets seq), Ihereby Motion tos grant a Cost ofI Living Increase to me as al Policel Pension Retiree retroactiver to. January 1,2023 The action directly affects me due to a financial gaini in my pension benefits, therefore, ethically itisr my  declare that Iami required to abstain regarding the following issue/ motion:  as prepared by Feaster Pension Consulting. My conflict/reason for abstainingi is asf follows: opinion that Ihave an obligation to abstain. Reni hasu Signature  NOTE: Section 1103 ()r requires the following procedure:  "Any public official or public employee, who int the discharge ofh his official duties, would be required to vote on amattert that would resulti ina a conflict ofi interest shall abstain from voting and, prior tot the vote being taken, publicly announce: and disclose the nature ofhisi interest as aj public recordi in a written memorandum filed with thej person responsible for recording the minutes for the meeting at which the vote ist taken...." (Please note that State Ethics Commission: requires aj public official to complete a form everyt timel hel hasa  conflict ofi interest).  ABSTENTIONA MEMORANDUMG (Saved ons shortcuttoF Patty)    Level Acres Landscape & ursery Center  Q  Meyersdale Up-Town Park Spring Clean-up Weed & feed including application 6 yds dyed brown mulch  $125.00 $294.00 $510.00 $929.00  Labor to edge, mulch, pre-emerge weed control  Total