Mount Joy Borough Council Meeting 7:00 PM, Monday, June 6, 2022 Agenda 1. Callt to Order- - President Hall Youngerman, and Mayor Bradley 3. Invocation- Mayor Bradley 4. Pledge of Allegiance- - Mayor Bradley 5. Announcement of Executive Sessions - 2. RolCal-Counciors, Castaldi, Eichler, Fahndrich, Ginder, Hall, Haigh, Roering, Ruschke, 6. Consider a motion to approve the June 6, 2022, Borough Council Meeting Agenda. 6. Public Input Period- Comments of Any Borough Resident or Property Owner. Time limit of three minutes peri individual. 7. Appeal of al Disruptive Conduct Letter - 1st Violation 8. Wandering PA's Waterways Report - Councilor Eichler 9. Reports a. Mayor Police Chief Fire Department Mount. Joy d. PSH Life Lion LLC. North West EMS Report EMA . Main Street Mount, Joy h. Library PanningZoning/Code Officer Public Works Department BoroughAuthority Manager Assistant! Borough Manager/Finance Officer m. Borough Manager 11. Building Ad! Hoc Committee 10. Approval of Minutes of the Regular Borough Council Meeting held on May 2, 2022. a. Motion Laid Upon the Table - On a MOTION by Castaldi, and a seconded by Roering, a request was made to act on the recommendation of the Building Ad Hoc Committee, engage with the Architect and move forward at Grandview. a. Consider a motion to adopt Video Conferencing Policy. 12. Administration andi Finance Committee Ify you are a person requiring accommodations to participate, please contact Borough staff to discuss how we may best accommodate your needs. 21 East Main Street, Mount Joy, PA 17552 . (717)653-2300 Fax (717)653-6680 . orouanamountopaon e w.mounio,top.gncon b. Consider: a motion to authorize the Borough Manager to sign agreement with the Lancaster Consider a motion to adopt! Resolution 2022-10, a resolution authorizing the Council President and Borough Secretary to execute all documents and agreements regarding DCNR, C2P2 grant application in the amount of $75,000. This resolution rescinds Resolution 2022-03 d. Consider a motion to name Commonwealth Code inspection Services as interim Codes & Consider a motion to authorize the Borough Manager/Secretary to submit an application for Lancaster County ARPA Monies for planning and construction of new municipal facility. Consider a motion to authorize the Borough Manager to enter into a multi-year a. Review of proposed Ordinance # 02-2022, Animal Control Ordinance. b. Review Pinkerton Road Traffic Study and take appropriate action as desired. Consider a motion for a noise ordinance exemption for National Night Oute event presented by Voyage Mount Joy on August 2, 20221 from 6:00 pm until 8:00 pm. d. Motion Laid Upon the Table - On a MOTION by Castaldi, and as seconded by Eichler, a request was made to agree in principle to notify the Northwest Emergency Services Authority Committee of Mount Joy Borough's intent to join said Authority. e. Consider a motion to authorize the signing oft the Police Collective Bargaining Agreement retroactive to January 1,2022 through December 21, 2025. County Conservation District. regarding the same subject. Zoning Officer from June 6, 2022, through July 11, 2022. agreement with a natural gas vendor. 13. Public Safety Committee 14. Public Works Committee a. Consider a motion to approve Mount. Joy Chamber of Commerce request for "Music in the Park" ont the dates listed in the email from Kerry Myers, Chamber Executive Director dated Consider a motion to approve request from Chris Hawbaker per email dated April 19, 2022, tou utilize the pavilion Memorial Parki fori the band "Testify" preferably on. July 24, 2022. Permit Mark Harman of ARRO Consulting to discuss/answer questions about Melhorn retention basin. (Considera a motion directing staff to meet with Melhorn Trucking.) d. Discussion reference Borough Park at parking lot installation, no stormwater facilities April 21, 2022. necessary duei to impervious credit from tennis court removal. e. Discussion on ARRO Terms & Conditions Chiques Creek' Watershed Alliance - 2022 Watershed Expo - Acknowledge receipt off flier. 15. Public Input Period Comments of Any Borough Resident or Property Owner. Time limit of three minutes per individual. 17. Authorization to pay bills. 19. Executive Session. 20. Adjourn 16. Any other matter proper to come before Council. 18. Meetings and dates of importance, see the white calendar. The next regular Borough Council meeting is scheduled for 7:00 PM. on Mondav. Julv11.2022 9b S e A - - New Detective Cases-April 2022 2014 0 8 6 4 1 3 5 4 1 11 7 12 2015 6 12 11 5 13 10 8 10 6 6 4 6 2016 6 6 6 8 2 2 3 12 4 13 10 10 2017 7 9 8 6 3 7 20 7 6 7 7 9 2018 2019 2020 2021 2022 2 2 2 3 2 5 4 5 5 5 6 2 January February March April May June July August September October November December 5 5 7 6 14 3 12 3 4 6 4 4 3 3 7 4 5 10 4 3 3 6 10 3 4 7 6 6 7 5 9 6 7 9 1 5 2 0 8 5 Active Cases Cases at District Attorney's Office Inactive Cases 5 8 1 s 4 2 1 2 e @ S a 3 a 4 4 3 6 4 11 4 9 3 N 3 S MOUNT JOY POLICE DEPARTMENT 21EN MAIN ST, MOUNT JOY, PA 17552 Phone: 717-653-1650 Fax: 717-653-0062 Citation Output By Charge Starting Issue Date 4/1/2022 to Ending Issue Date 4/30/2022 Charge Total 1 1 2 1 4 3 1 2 1 1 3 1 3 1 1 5 2 1 1 Total: 35 1301 A- DR UNREGIST VEH 4107 B2-C OPER/PERM OP W/UNSAFE EQMTI 4703 A- OPERAT VEH WIO VALID INSPECT 1301 - 1301 A- Dr Unregist Veh 1543-1 1543 A-[ Driv While Oper Priv Susp Or Revoked 3111-3111 A- Obedience to Traffic-Control Devices 3309-3309 1-D Disregard Traffic Lane (Single) 3316-3316 A- Prohibiting text-based communications 3323-3 3323B- - Duties At Stop Sign 3324-3324 - Not Yield At Rdwy 3367-3367 B- Illegal Racing 3714-37144 A- Careless Driving 3362- - 3745-3745. A- Acci Dam To Unattended Veh Or Propert 3809- - 3809. A- Restrictions on Alçoholic Beverages 4703- 4703 A- Operat Veh WIO Valid Inspect 3111 A-C OBEDIENCE TO TRAFFIC-CONTROL DEVICES 3309 1- DISREGARD TRAFFIC LANE (SINGLE) 3361 - DRIVING @ (UN)SAF SPEED Printed By: SCORDO LEE NICOLE On 5/18/2022 1:07:57 PM Page 1 of 1 MOUNT JOY POLICE DEPARTMENT 21 E MAIN ST, MOUNT JOY, PA 17552 Phone: 717-653-1650 Fax: 717-653-0062 Criminal Charges by Charge Type Starting Issue Date 4/1/2022 to Ending Issue Date 4/30/2022 Charge Type: ARREST Charge Total 1 1 1 3 1 3 1 2 1 1 1 Total: 16 2701 A1- - SIMPLE ASSAULT-ATTEMPT 2702 A3-AGGRAVATED, ASSAULT 3714A- CARELESS DRIVING 2706/ A1-T TERRORISTIC THREATS W/ INT TO TERRORIZE ANOTHER 2709A1- -HARASSMENT/STRIKE, SHOVE, KICK, ETC. 3802 A1 -L DRIVING UNDER THE INFLUENCE GENERAL IMPAIRMENT 3802 B. - DRIVING UNDER THE INFLUENCE-ALC- -.10%TO .16% 3802 C- DRIVING UNDER THE INFLUENCE-ALC-.16kk OR HIGHER 3921 A- THEFTE BY UNLAW TAKING-MOVABLE PROP 4914/ A- FALSE IDENTIFICATION TO LAW ENFORCEMENT 5104- RESIST ARREST/OTHER LAWENFORCE Printed By: SCORDO LEE on 5/18/2022 1:09PM Page 1 of 2 AICAI r Charge Type: COMPLAINT Charge Total 1 1 1 Total: 3 2709A1-HARASSMENTISTRIKE, SHOVE, KICK, ETC. 2709A3-HARASSMENTREPEATEDLY, ALARM, ANNOY 92.17-ANIMALS- DEFILING ORI DEFECATING ONI PROPERTY, REMOVAL OF FECES Printed By: SCORDOLEE on 5/18/20221 1:09PM Page 2 of 2 AIPAI r 9 FDMJ Monthly Incident Report Summary April 2022 Responded to 38 alarms fort the month of April 2022 -1 180 total alarms foryeara as of4/30/22 Average manpower per incident: 101 members perc call for month (6a-4p 17 calls/6.5 members per call) - response time - 41 min & 41 seca and arrival time- 10 min & 14: sec. (w/FP Time in service for month: 21 hours and 10 minutes calls) Total Man-hours: 2161 hours & 13 minutes Calls by Municipality First Due: 21 first due alarms - 17 mutual aid alarms - 21 FP only calls Mount Joy Borough -7 Rapho Township 11 Mount) Joy" Township- - 0 East Donegal Township - 3 Engine 75-1-16 Engine 75-2-8 Truck 75-13 Squad 75-1-2 Traffic75-3 POV -5( (fire police) Duty ChiefVehicle- - 16 Duty Officer Vehicle -6 Apparatus used Property: pre-incident value: $323,800.00 Property fire loss: $ 12,500.00 Property post incident saved: $311,300.00 2022 FDMJ responds to a call every 161 hours & 01 min Total Training hours of 38 members trained for 483 hours & 201 min Fire Prevention Details - None Community Service Details for the month - FDMJ participated in 1 funeral detail, 1 fire police detail assisting with 5k race, assisted with CTC fire cadet training and 1 duty crew. 4/22- Dwelling fire RT-V Weeping' Willow Lane $12,500.00 firel loss Notable First Due Calls:- first due Fire Department Mount Joy This report was generated on 5/7/2022 11:56:52 AM Breakdown by Major Incident Types for Date Range Zone(s): AlI Zones I Start Date: 04/01/2022 IEnd Date: 04/30/2022 Mount. Joy, PA Good Intent Call 7.89% False Alarm & False Call 21.05% Hazardous Condition (No Fire). 5.26% Rescue & Emergency... 28.95% Fires 36.84% MAJOR INCIDENT TYPE #INCIDENTS 14 11 2 3 8 38 %0fTOTAL 36.84% 28.95% 5.26% 7.89% 21.05% 100% Fires Rescue & Emergency Medical Service Hazardous Condition (No Fire) Good Intent Call False, Alarm & False Call TOTAL Only REVIEWED and/or LOCKED IMPORTED incidents are included. Summary results for a major incident type are EMERGENCY REPORTING emegeneyreporing.com Doc Id:553 Page#1of2 not displayed ift the count is: zero. Fire Department Mount Joy This report was generated on 5/7/2022 11:56:11 AM Mount Joy. PA Incident Statistics Zone(s): AlI Zones I Start Date: 04/01/2022 End Date: 04/30/2022 INCIDENT COUNT INCIDENT TYPE EMS FIRE TOTAL #II INCIDENTS 11 27 38 TOTAL TRANSPORTS (N2 and N3) APPARATUS TOTAL #of APPARATUS TRANSPORTS #of PATIENT TRANSPORTS TOTAL # of PATIENT CONTACTS PRE-INCIDENT VALUE $323,800.00 424- Carbon monoxide incident TOTAL Aid Type Aid Given Aid Received #OVERLAPPING 6 LOSSES $12,500.00 1 1 Total 17 4 % OVERLAPPING 15.79 COCHECKS MUTUAL AID OVERLAPPING CALLS LIGHTS AND SIREN-AVERAGE RESPONSE TIME (Dispatch to Arrival) Station Station 75 EMS 0:07:30 AVERAGE FOR ALL CALLS FIRE 0:11:01 0:10:14 FIRE 0:05:16 0:04:41 LIGHTS AND SIREN - AVERAGE TURNOUT TIME (Dispatch to Enroute) Station Station 75 EMS 0:03:26 AVERAGE FOR ALL CALLS AGENCY Fire Department Mount Joy AVERAGE TIME ON SCENE (MM:SS) 33:44 Only Reviewed Incidents included. EMS for Incident counts includes only 300t to 399 Incident Types. All other incident types are counted as FIRE. CO Checks only includes incident Types: 424, 736 and 734. # Apparatus Transports =# # of incidents where apparatus transported. # Patient Transports = All patients transported! by EMS.# # Patient Contacts emegenoyepoting.com =#o of PCR contacted by apparatus. This report now returns both NEMSIS 2&3 data as appropriate. For overlapping Docl Id:1 1645 EMERGENCY REPORTING Page #1of1 calls that span over multiple days, total per month will not equal Total count for year. Detailed Breakdown by Incident Type INCIDENT TYPE #INCIDENTS 11 1 1 1 2 6 2 1 1 1 2 1 2 3 2 1 38 % of TOTAL 28.95% 2.63% 2.63% 2.63% 5.26% 15,79% 5.26% 2.63% 2.63% 2.63% 5.26% 2.63% 5.26% 7.89% 5.26% 2.63% 100% 111- - Building fire 141 Forest, woods or wildland fire 142 - Brush or brush-and-grass mixture fire 160 - Special outside fire, other 311 Medical assist, assist EMS crew 322 Motor vehicle accident with injuries 324 Motor vehicle accident with noi injuries. 353 Removal of victim(s) from stalled elevator 424 Carbon monoxide incident 440 Electrical wiring/equipment problem, other 622 No incident found on arrival at dispatch address 632 Prescribed fire 740 Unintentional transmission of alarm, other 743 Smoke detector activation, not fire unintentional 744- Detector activation, no fire unintentional 745 Alarm system activation, no fire- unintentional TOTAL INCIDENTS: Only REVIEWED and/or LOCKED IMPORTED incidents are included. Summary resuits for a major incident type are EMERGENCY RPORTING emagenoyteporing.com Docl Id:5 553 Page #2of2 not displayed if the counti is: zero. Fire Department Mount Joy This report was generated on 5/7/2022 11:55:30 AM Incident Count per Zone for Date Range Start Date: 04/01/2022 End Date: 04/30/2022 Mount Joy, PA 15 10- 5- 10- MRB 69. EHT 70- MJT 70- WDT 74- EZB ZONE 74. 75-EDT 75-MJB 75-RT 79-EDT 80-CLB WDT #INCIDENTS 1 1 6 1 2 1 3 7 11 2 3 38 10-MRB 10 Marietta Borough 69- EHT- 69 East Hempfield Township 70- MJT 70 Mount. Joy Township 70-V WDT- 70 West Donegal Township 74- EZB 74 Elizabethtown Borough 74- WDT-7 74 West Donegal Township 75- EDT- 75 East Donegal Township 75-N MJB 75 Mount Joy Borough 75-F RT - 75 Rapho Township 79- EDT 79 East Donegal Township 80- CLB. 80 Columbia Borough TOTAL: Zone information is defined on the Basic Info 3 screen of ani incident. Only REVIEWED incidents included. EMERGENCY REPORTING emergencyreporting. com Doc Id:270 Page#1of1 Archived Zones cannot be unarchived. Fire Department Mount Joy This report was generated on 5/7/2022 12:03:02 PM Incident Count with Man-Hours per Zone for Date Range Mount. Joy, PA Incident Type(s): All iIncident Types Start Date: 04/01/2022 IEnd Date: 04/30/2022 ZONE INCIDENT COUNT 1 1 6 1 2 1 3 7 11 2 3 38 MAN-HOURS 12:16 2:04 6:02 2:60 6:14 51:07 10:19 31:12 25:49 37:08 31:03 216:13 10-MRB- - 10 Marietta Borough 69-8 EHT 69 East Hempfield Township 70-MJT- 701 Mount. Joy Township 70-WDT- 70 West Donegal Township 74-EZB- 74 Elizabethtown Borough 74-WDT- 741 West Donegal Township 75-EDT-755 East Donegal Township 75 -MJB - 75 Mount. Joy Borough 75-RT-75F Rapho Township 79-E EDT- 79 East Donegal Township 80-C CLB- 80 Columbia Borough TOTAL NOTE that this report takes into consideration ONLY those Personnel that are associated with an Apparatus, and EMERGENCY REPORTING emelgeneyeporing.com Doc Id:1 1306 Page#1of1 that only Reviewedi incidents are included in the counts. Fire Department Mount Joy This report was generated on 5/7/2022 12:02:24 PM Incident Count per Apparatus for Date Range Start Date: 04/01/2022 End Date: 04/30/2022 Mount Joy. PA 20- 15- 10- D751 D752 E75-1 E75-2 POV Apparatus SQ-75 TF-75 TK-75 APPARATUS D751 D752 E75-1 E75-2 POV SQ-75 TF-75 TK-75 #of INCIDENTS 6 16 16 8 5 2 3 13 Canceled apparatus (per the THIS APPARATUS WAS CANCELLED checkbox on Basic Info 4) noti included. EMERGENCY REPORTING emergencyreporting.a com Doci Id: 658 Paget #1of1 Only REVIEWED incidents included. Fire Department Mount Joy This report was generated on 5/7/2022 12:04:221 PM Incidents by Hour for Date Range Start Date: 04/01/2022 IE End Date: 04/30/2022 Mount Joy. PA 5 4- 3- M 08680 N8RR HOUR 00:00-00:59 01:00-01:59 04:00-04:59 05:00-05:59 06:00-06:59 07:00-07:59 08:00-08:59 09:00-09:59 10:00-10:59 11:00-11:59 13:00-13:59 14:00-14:59 15:00-15:59 16:00-16:59 17:00-17:59 18:00-18:59 19:00-19:59 20:00-20:59 21:00-21:59 22:00-22:59 23:00-23:59 #OfCALLS 1 1 1 1 1 1 3 1 2 2 1 4 2 4 3 2 1 4 1 1 1 Only REVIEWED incidents included EMERGENCY REPORTING megeneyeporingcom Doc Id:19 Page#1of1 Fire Department Mount Joy This report was generated on 5/7/2022 12:04:50 PM Start Date: 04/01/2022 I End Date: 04/30/2022 Mount Joy. PA Average Number of Responding Personnel per Hour for Date Range 14. 12- H 0:00 4:00 6:00 8:00 1:00 5:00 7:00 HOUR 00:00-00:59 01:00-01:59 04:00-0 04:59 05:00- 05:59 06:00-C 06:59 07:00-07:59 08:00- 08:59 09:00-09:59 10:00-10:59 11:00-11:59 13:00-1 13:59 14:00-14:59 15:00-15:59 16:00-16:59 17:00-17:59 18:00-18:59 19:00-19:59 20:00-20:59 21:00-21:59 22:00-22:59 23:00-23:59 10:00 13:00 15:00 17:00 19:00 21:00 23:00 9:00 11:00 14:00 16:00 18:00 20:00 22:00 HOUR AVG. # PERSONNEL 11.00 6.00 10.00 7.00 5.00 5.00 5.33 11.00 5.50 3.00 12.00 4.25 11.50 8.75 6.67 9.50 10.00 4.50 7.00 6.00 1.00 AVE. # PERSONNEL calculated from total number of personnel responding toi incidents begun at the HOUR divided by total number of REVIEWED incidents for that HOUR. Includes personnel that responded both on or off apparatus. omergensyreportinga com Doc Id:997 Page#1of1 Fire Department Mount Joy Mount. Joy. PA This reporty was generated on 5/7/2022 12:03:48! PM Losses for Date Range Start Date: 04/01/2022 End Date: 04/30/2022 TOTAL INCIDENTS TOTAL PROPERTY LOSS TOTAL CONTENT TOTAL AVERAGE LOSS $10,000.00 PROPERTYLOSS CONTENTLOSS $2,500.00 LOSSES $12,500.00 $12,500.00 LOSS $2,500.00 Incident Type 111- Building fire INCIDENTI NUMBER 2022-170 DATE 04/22/2022 TOTAL $10,000,00 $12,500.00 %of Total 100.00% Only REVIEWEDI incidents included EMERGENCY REPORTING cmergencyreportinga .com Docld: 265 Page#1of1 9d. Penn State Health Life Lion April 2021 April 2022 Response Time (Dispatch to OnScene) 00:08;47 00:08:38 00:08:30 00:08:21 00:08:12 00:08:04 00:07:55 00:07:47 00:07:38 00:07:29 00:08:38 00:08:25 00:08:20 00:07:54 00:07:54 10 2021 2022 Penn State Health Life Lion April 2022 Total Calls by Municipality 44 50 45 40 35 30 25 20 15 10 5 0 MOUNTJ JOYB BOROUGH Total Calls by Priority Total Calls by Day of the Week 9 8 7 5 4 3 i Pri 1 -2 3 - Sun Mon Tue Wed Thu Fri Sat Penn State Health Life Lion April 2022 Total Calls by Hour 0 Penn State Health Life Lion Covered Incidents April 2022 Total Calls by Municipality Completed' Year Completed Month 18 16 14 12 10 8 6 2 0 17 MOUNT JOYE BOROUGH CompletedYear CompletedN Month Completedyear Completed Month Total Calls by Day of the Week Total Calls by Pri 6 5 Pri 1 3 Sun Mon Tue Thu Fri Sat Penn State Health Life Lion Covered Incidents April 2022 Total Calls by Hour Completed" Year Completed Month 0 0.5 1.5 2.5 Completed' Year Completed Month Total Calls by First Unit Dispatched 12 10 10 MED862 MED865 MED861 (blank) AMB8611 MED822 Mount Joy Missed Calls April 2022 04/01/2022 @ 12:03 Class 1 Sick person 86-2 77-3 04/01/2022 @ 11:14 Class 1 Breathing problem West Hempfield Township 04/03/2022 @ 17:44 Class 1 Difficulty breathing 86-2 77-3 04/03/2022 @ 17:28 Class 2 Psychiatric Columbia Borough 77-304/04/2022 @ 07:53 Class 1 Sick person Columbia Borough 04/05/2022 @ 13:52 Class 3 Sick person 86-2 77-304/05/2022 @ 12:34 Class 2 Fall Mountville Borough 04/07/2022 @ 09:02 Class 1 Abdominal pain 86-1 04/10/2022 @ 00:02 Class1 Overdose 86-2 04/11/2022 @ 15:50 Class 31 Diabetic 86-2 04/04/2022 @ 08:50 Class 2F Fall 82-2 77-304/07/2022 @ 08:35 Class 1 Difficulty breathing Columbia Borough 77-32 04/09/2022 @ 23:18 Class 1 Chest pain Mount Joy Borough 77-3 04/11/2022 @ 14:42 Class 1 Unconscious person Rapho Township 04/12/2022 @ 10:50 Class 1 Unconscious person 86-2 04/17/2022 @ 14:14 Class 1 Sick person 86-2 77-3 04/12/2022 @ 09:15 Class 1 Unconscious person East Donegal Township 77-3 04/17/2022 @ 13:43 Vehicle accident with Entrapment Mount Joy Borough 04/22/2022 @ 13:34 Class 1 Breathing problem 86-2 77-304/22/2022 @ 13:22 Class 1 Fall West Hempfield Township 04/22/2022 @ 16:58 Class 1 Chest pain 86-2 77-3 04/22/2022 @ 15:17 Class 3 Dwelling fire Rapho township 04/22/2022 @ 19:49 Class 3 Abdominal pain 86-11 04/25/2022 @ 03:13 Class 1 Chest pain 86-2 77-3204/22/2022 @ 18:48 Class 3/ Abdominal pain Mount Joy Township 77-32 04/25/2022 @ 02:57 Class 3 Psychiatric problem Columbia Borough 04/25/2022 @ 12:00 Class 2 Psychiatric problem 86-5 04/25/2022 @ 19:52 Class 1 Overdose 86-5 77-3 04/25/2022 @ 11:24 Class 2 Vehicle accident East Hempfield Township 77-3204/25/2022 @ 18:24 Class 3$ Sick person Columbia Borough 04/28/2022 @ 02:06 Class 1 Difficulty breathing 86-1 77-3204/28/2022 @ 01:50 Class 3 Psychiatric problem Columbia Borough 04/30/2022 @ 02:35 Class 1 Unconscious person 86-2 77-3204/30/2022 @ 01:46 Class 2 Sick person Mount Joy Borough Mount Joy Unit Responding to another. Agencies Muncpality-Apri12 East Donegal Township 77-3 04/20/2022 @ 0927 Class 1 Breathing problem/ Canceled after 5 minutes of response 77-304/26/2022 @ 20:29 Class 2 Hemorrhage Elizabethtown Borough 77-320 04/12/2022 @ 21:21 Class 2 Hemorrhage 77-3204/15/2022 @ 02:33 Class 3 Fall 77-304/06/2022 @ 08:58 Class 1 Diabetic 77-310 04/11/2022 @ 18:44 Class 2 Psychiatric problem 77-304/12/2022 @ 12:47 Class 2 laceration Mount. Joy Township 77-304/23/2022 @ 16:26 Class 1 Vehicle accident with entrapment Rapho Township 77-3204/23/2022 @ 19:55 Class 3 Vehicle accident 77-32 04/09/2022 @ 05:18 Class 1 Breathing problem West Donegal Township 77-304/14/2022 @ 06:33 Class 3 Sick person/Canceled after 5 minutes ofr response 77-304/24/2022 @ 08:17 Class 1 Unconscious person/Canceled after 8 minutes ofr response 77-304/25/2022 @ 10:52 Class 21 Fall 77-304/26/2022 @ 18:38 Class 1$ Stroke 77-3204/20/2022 @ 21:21 Class 3 sick person Call Volume Comparison January 2019-May: 2022 MONTHLY TOTAL CALLS 2019-2022 ge 900 800 700 600 500 400 758 60 528 Jan Feb Mar* April May June July Aug Sep Oct Nov Dec 2019 2020 - 2021 : 2022 Agency! Incident Reports 2019-2022 Jan Feb Mar* April May June July Aug Sep Oct Nov Dec Total 650 560 651 664 682 636 694 704 660 669 638 631 7,839 636 653 539 446 528 595 598 644 634 682 668 768 7,391 663 608 678 756 749 741 746 850 910 870 847 892 9,310 2019 2020 2021 2022 845 638 749 707 745 3,684 2019/2020 -2.15% 16.61% 17.20% -32.83% -22.58% -6.45% -13.83% -8.52% -3.94% 1.94% 4.70% 21.71% 2020/2021 4.25% -6.89% 25.79% 69.51% 41.86% 24.54% 24.75% 31.99% 43.53% 27.57% 26.80% 16.15% 2021/2022 27.45% 4.93% 10.47% -6.48% -0.53% *March 13, 2020: National Emergency declared Northwest EMS Inc. Agency Incident Report Mount Joy Borough JANUARY IncidentNo IncidentType SICKF PERSON-CLASS1 2201001048 BREATHINGI PROBLEM-CLASS1 3061 2201001295 SICKPERSON-CLASS3 2201004671 BREATHINGI PROBLEM-CLASS1 3061 2201005725 FALL-INUREDCIASS2 2201006519 CARDIAC ARREST-CLASS1 2201007510 2201008550 DIABETIC-CLASS1 2201008714 HEARTF PROBLEM-CLASS1 2201009081 FALL-INJUREDCIASS3 2201010481 REATAIGPROABLNCASSI 3061 2201011914 SICKPERSON-CLASS1 2201013084 HEARTF PROBLEM-CLASS1 2201013491 CHESTF PAINS-CLASS1 2201013571 BREATHINGI PROBLEM-CLASS1 3061 2201013980 SICKPERSON-CLASS1 2201014592 BREATHING PROBLEM-CLASS1 3061 2201018322 BREATHING PROBLEM-CLASS1 3061 2201018369 SICKPERSON-CLASSS 2201019543 FALLINJUREDCIASS1 2201020114 STROKE-CVA-CLASS1 2201020759 FALLINJUREDCLASS3 2201022037 FALLAINJUREDCLASS2 2201023582 UNCONPERSON-CLASST 2201023893 FALLAINJUREDCLASS2 2201024567 STROKE-CVACLASS1 2201024894 BREATHING PROBLEM-CLASS1 3061 2201025090 STROKE-CVA-CLASS1 2201025819 CARDIACA ARREST-CLASS3 2201030133 STROKE-CVA-CLASS1 2201030926 FALL-INJUREDCIASSI TypeCode Pri Location 3261 3263 3172 3091 3121 3131 3191 3173 3261 3191 3101 3261 3263 3171 3281 3173 3172 3311 3172 3281 3281 3093 3281 3171 Orlgination 01/01/2022 03:58:59 cancelled 01/02/2022 02:43:15 cancelled 01/02/20221 11:40:05 transport Igh 01/05/20221 14:02:25 transport hmc 01/06/2022 12:33:17 transport Igh 01/07/2022 05:50:45 01/09/20220 01:02:41 cancelled 01/09/2022 08:09:21 01/09/20221 17:15:43 transport 01/11/2022 02:04:42 transport 01/12/20221 11:13:32 01/13/20221 11:47:28 transport hmc 01/13/20221 18:35:14 01/13/2022: 20:09:57 01/14/20220 09:45:16 transport Igh 01/14/20221 18:33:46 01/18/20221 13:22:01 transport Igh 01/18/20221 13:56:24 canceiled 01/19/20221 14:51:20 transport Igh 01/20/2022 05:01:09 01/20/20221 16:46:26 transport Igh 01/21/20221 19:30:33 transport gh 01/23/20221 12:01:32 cancelled 01/24/2022 10:49:52 transport Igh 01/24/2022 15:34:41 transport hmc 01/24/2022 18:19:51 transport Igh 01/25/2022 13:35:01 SOUTH 01/30/2022 12:26:38 transport Igh Disposition Receiving Unit Unit Facility Covered Assisted 216ED DONEGALST 927 WMAINS ST 556V WMAINS ST 2011 LEFEVERE RD 61EMAINS ST 509N MARTINAVE 320 SASSAFRAS TER 804E ELLADR 212PARKAVE 951V WOODST 201L LEFEVERRD 201L LEFEVERF RD 783EMAINST 970WMAINST 201 MOUNTJ JOY ST 330EN MAINST 229F FARMVIEWLN 3041 NN MARKET AVE 5395 STAUFERO CT 320 SASSAFRAS TER 243F PARKA AVE 4420 CHARTERLN 732V WMAINS ST 538 UNION SCHOOLE RD 01/23/20221 17:03:50 226E BLOSSOM7 TRL 454WN MAINS ST 227SMARKETST 206 SAGE CT 23 Class1 Class2 Class3 31 Total dispatches 10 cancelled/recalled 21 Total cover calls/assists 77 77 77 77 77 gh 77 gh 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 18 3 doa recalled recalled refusal recalled recalled refusal refusal doa 4HARVESTVIEW'S SOUTH 01/07/2022: 22:59:16 transport Igh 6141 HEARTHSTONE LN 01/29/2022 12:46:41 cancelled Northwest EMS Inc. Agency Incident Report Mount. Joy Borough FEBRUARY IncidentNo IncidentType 2202004889 SCKPERSON-CLASS1 2202005470 SCKPERSON-CIASS1 2202006139 FALLINURED.CLASS2 2202006202 VEMCIEACCDENICUASS2 2603 2202007771 2202007793 MACOANAPANSOKCASSI 3011 2202008409 SICKPERSON-CIASS1 2202008939 SICKPERSON-CLASS2 2202009936 CHEST PAINS-CLASS1 2202010001 EARTPROBLEM.CLANSI 2202013282 BREATHING PROBLEM-CLASS1 3061 2202013872 DIABETIC-CLASS3 2202014089 CHESTPAINS-CLASS1 2202015414 SICKPERSON-CLASS1 2202015728 SICKF PERSON-CLASS3 2202015933 CHEST PAINS-CLASS1 2202016602 TRAUMATCANIREDCASS2 3302 2202016654 REAPANGPROBLECASST 3061 2202019641 CHEST PAINS-CLASS1 2202021345 FALLANJUREDCLASSI 2202021368 STROKE-CVACLASS1 2202021375 FALL-INURED-CIASSI 2202025740 CHESTF PAINS-CLASS1 2202029061 COMASOASEREGAST 3121 2202029568 SICKPERSON-CLASSI TypeCode Pri Location 3261 3261 3172 3253 3261 3262 3101 3191 3133 3101 3261 3263 3101 3101 3171 3281 3171 3101 3261 Origination 02/05/2022 17:00:24 02/06/20221 11:26:40 02/07/2022 06:1 15:13 transport Igh WAY 02/08/2022 13:27:43 02/08/2022 13:40:55 transport Igh 02/09/2022 03:06:37 transport Igh 02/10/20221 11:30:01 transport hmc 02/10/20221 12:21:16 02/13/20221 14:37:07 02/14/2022 09:40:31 transport Igh 02/14/20221 12:49:47 transport Igh 02/15/20221 15:44:22 transport hmc 02/15/20222 21:21:24 transport hmc 02/16/2022 06:1 13:43 transport Igh 02/16/20221 19:11:25 02/19/20220 09:41:10 transport Igh 02/21/20220 02:52:55 02/24/20221 19:02:27 cancelled 02/28/20220 04:18:45 transport gh Disposition Recelving Facility Covered Unit Assisted Unit 1031 WMAINST 269F PARKAVE 6071 HEARTHSTONELN BIRCHLANDA AVE/FAIRVIEWST 02/07/2022 07:49:08 108F 9220 CHURCHST 720WMAINST 201L LEFEVERRD 1031 WMAINST 226G GRANDVIEWCIR 201L LEFEVERRD 21EMAINST 201L LEFEVERRD 1020 COLUMBIAAVE 554CREEKSIDEL LN 8030 DONEGAL SPRINGSF RD 02/16/20221 18.16:10 610EMAINST 915WOODST 607H HEARTHSTONE! LN 02/21/2022 01:41:38 420S SUNSET AVE 222V WATERSE EDGED DR 02/21/20220 03:09:10 274WMAINST 308N MERCHANTA AVE 614HEARTHSTONE LN 02/28/2022 14:09:57 transport 18 Class1 Class2 Class3 25 Total dispatches cancelled/recalled 19 Total cover calls/assists refusal recalled refusal transport Igh 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 16 10010 CORNERSTONE DR 02/09/20221 13:46:09 transport Igh recalled recalled refusal refusal recalled recalled refusal Northwest EMS Inc. Agency Incident Report Mount. JoyE Borough MARCH IncidentNo IncidentType 2203000480 FALL-INJURED.CLASS3 2203001924 2203003666 CHESTP PAINS-CLASS1 2203006041 FALLAINJURED.CLASS1 2203006110 BREATHING PROBLEM-CLASS1 3061 2203006157 UNCONF PERSON-CLASS1 2203009753 OMRCOSEPOONNCCVSI 3231 2203012832 UNCONP PERSON-CLASS1 2203012995 HEART PROBLEM-CLASS1 2203013069 CARDIAC ARREST-CLASS1 2203013738 HEART PROBLEM-CLASS1 2203013867 SICKF PERSON-CLASS1 2203014676 HEMORRHAGE-CLASS1 2203016551 DIABETIC-CLASS3 2203016575 FALLANJUREDCLASS1 2203017249 MEDICALA ALARM-CLASS3 2203017979 BREATHING PROBLEM-CLASST 3061 2203018687 OAINCBOTOVLCNSN 3253 2203018755 HEART PROBLEM-CLASS1 2203019175 SICK PERSON-CLASSS 2203020112 SICKF PERSON-CLASS1 2203023074 CHEST PAINS-CLASS1 2203027223 UNCONF PERSON-CLASS1 2203027965 VEHICLE ACCIDENT-CLASS2 2603 2203029521 UNCONF PERSON-CLASS1 2203030659 HEARTF PROBLEM-CLASS1 2203032133 CHESTF PAINS-CLASS1 2203032406 COMVUISONSEURECAST 3121 2203033554 CHESTF PAINS-CLASS1 TypeCode Pri Location 3173 3281 3101 3171 3311 3311 3191 3091 3191 3261 3211 3133 3171 3909 3191 3263 3261 3101 3311 3311 3191 3101 3101 Origlnation 03/01/2022 12:36:09 transport Igh 03/02/2022 17:01:59 03/04/2022 08:32:44 03/06/2022 10:08:17 transport Igh 03/06/2022 11:21:15 transport igh 03/06/2022 12:06:07 transport igh 03/09/2022 19:41:11 transport Igh 03/12/2022 13:32:19 transport Igh 03/12/2022 15:37:10 transport Igh 03/12/2022 17:00:01 cancelled 03/13/20221 10:39:32 cancelled 03/13/2022 12:59:14 cancelled 03/14/2022 11:12:43 cancelled 03/15/2022: 20:01:23 03/15/2022: 20:22:14 transport Igh 03/16/2022 12:13:57 cancelled 03/16/2022: 22:36:10 transport hmc 03/17/2022 14:56:41 03/17/2022: 22:22:28 03/18/20221 17:15:05 transport Igh 03/21/2022 12:45:19 transport lititz 77 03/25/2022 06:51:23 03/27/2022 10:34:57 cancelled 03/28/2022 13:54:15 transport Igh 03/29/20221 19:16:42 transport Igh 03/30/2022 04:24:09 transport lititz 03/31/2022 07:13:54 transport lititz Disposition Receiving Unit Unit Facility Covered Assisted 77 77 77 77 77 77 77 789EMAINST 645FLORINAVE 621 WMAINS ST 426 COLUMBIA AVE 9PENNO COURTDR 789EN MAINS ST 237N MARIETTA AVE 102N NMARKETS ST 461SPLUMST 747B BRUCEA AVE 315B BIRCHLANDAVE 607H HEARTHSTONE LN 614HEARTHSTONEI LN 233F 607 HEARTHSTONE! LN 39PENNO COURT DR 3209 SASSAFRAS1 TER 15MOUNT. JOYST 359 SASSAFRAS TER 274WN MAINS ST 553V WMAINS ST 146NHIGHS ST 15MOUNT. JOYST 1031 WI MAINS ST 100S. JACOBST 57EMAINS ST 205LEFEVER RD 23 Class1 Class2 Class3 29 Total dispatches cancelled/recalled 24 Total cover calls/assists recalled recalled refusal 77 77 77 77 77 77 transport hmc recalled recalled recalled 1001 CORNERSTONE! DR 03/17/2022 15:38:44 transport Igh ROUTE 230/ MARIETTAAVE 03/25/2022 16:53:28 77 77 77 77 11 7 Northwest EMS Inc. Agency Incident Report Mount. Joy Borough APRIL IncidentNo IncidentType 2204000433 SICKPERSON-CLASS1 2204001081 SICKPERSON-CLASS1 2204002660 STROKE-CVA-CLASS1 2204002958 BREATHINGF PROBLEM-CLASS1 3061 ALLERGIC REACTION-CLASS1 3021 2204004371 HEARTF PROBLEM-CLASS1 2204005008 SICKPERSON-CLASS3 2204007077 2204009977 CHESTPAINS-CLASS1 2204010012 MERDOSEPOSOANCCAST 3231 2204011681 DIABETIC-CLASS3 2204012560 UNCONPERSONCLASSI 2204018574 SICKF PERSON-CLASS1 2204018965 BREATHING PROBLEM-CLASS1 3061 2204019038 VEHICLEA ACCIDENT-CLASS1 2601 2204024043 BREATHING 2204024329 CHESTF PAINS-CLASS1 2204024512 ABDOMINALF PAIN-SICK-CLASS3 3013 2204026935 CHEST PAINS-CLASS1 2204027319 2204027856 2204030513 BREATHINGI PROBLEM-CLASS1 3061 2204032933 UNCOMPERSON.CIASS1 TypeCode Pri Location 3261 3261 3281 3191 3263 3011 3101 3133 3311 3261 3061 3101 3101 3252 3231 3311 Origination 04/01/20221 12:02:00 transport Igh 04/01/20222 22:16:42 04/03/2022 12:26:43 04/04/20221 13:48:33 transport hmc 04/04/20222 23:57:22 04/05/20221 13:49:19 transport Igh 04/07/2022 09:00:57 transport Igh 04/09/2022: 23:17:02 transport Igh 04/10/2022 00:01:07 transport Igh 04/11/20221 15:49:27 04/12/20221 10:49:05 transport Igh 04/17/2022 14:12:20 transport hmc 04/18/2022 05:34:07 transport Igh 04/18/2022 08:1 13:00 04/22/2022 13:31:32 transport Igh 04/25/2022 03:12:11 transport Igh 04/25/2022 11:58:48 04/25/2022 19:49:14 transport Igh 04/28/20220 02:06:07 transport hmc Disposition Receiving Unit Unit Assisting Facilitv Covered Assisted Unit 607H HEARTHSTONE! LN 222E BLOSSOM TRL 4260 COLUMBIA AVE 721HILLST 925WOODST 3 274WMAINST 3PENNCOURTDR 408SPLUMST 301 MANHEIMST 3 201L LEFEVER RD 413V WMAINST 538 BENTO OAKD DR 526E BENT OAK DR 703EN MAINST 365NB BARBARAST 270MERCHANT AVE 15MOUNTJ JOYST 205N NE BARBARAST 65EMAINST 19 Class1 Class2 Class3 23 Totald dispatches cancelled/recalled 20 Total cover calls/assists 125CHARLANE BLVD 446SPLUMST XING 3640 CHOCOLATE/ AVE 106B BAYBERRYDR 4190 COLUMBIA/ AVE 201 MOUNT. JOYST 11WALNUTST 951V WOODST 420 SUNSETA AVE 1310 CHERRYALY 202 SAGECT 208V WATERS EDGE DR 5EDONEGAL: ST 977V WN MAINS ST 1210EN MAINST 441V WMAINST 201L LEFEVERF RD 3 1310 CHERRYALY 29WDONEGALST 1 17COLUMBIAAVE 15 Class1 Class2 Class3 23 Total dispatches cancelled/recalled 14 Total cover calls/assists 108 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 77 Cx refusal refusal 3HARVESTVIEWS SOUTH 04/03/20221 17:44:59 transport Igh CX 607H HEARTHSTONE LN 04/22/2022 16:55:18 transport Igh 607H HEARTHSTONE LN 04/22/2022 19:32:53 transport Igh transport Igh 411 HARVESMEWNORTH 04/30/20220 02:33:52 transport Igh MAY IncidentNo IncidentType 2205000875 UNCONPERSON.CLASS1 2205001635 FALLINURED.CLASSS 2205001955 UNKNOWNE EMS-PERSONDOWN- 3321 CLASS1 2205002126 CHESTF PAINS-CLASS1 2205002686 ABDOMINAL PAIN-SICK-CLASS3 3013 2205002750 2205005532 BACKPAN-SICKCLASSI 2205005766 BREATHINGI PROBLEM-CLASS1 3061 2205008451 ADOUNALPANSOKCSS3 3013 2205008460 SICKPERSON-CLASS3 2205009940 STROKE-CVA-CLASS1 2205012926 BREATHINGI PROBLEM-CLASS1 3061 2205018741 CHESTPANS-CLASS1 2205021946 UNCON PERSON-CLASS1 2205022247 FALL-NJUREDCLASS1 2205024158 UNCONF PERSON-CLASS1 2205025664 CHESTPANS-CLASST 2205025723 SICKPERSON-CLASS3 2205028546 SOAINCLOTOMLCNSI 3252 2205028580 SCKPERSON-CLASS3 2205031947 HEARTF PROBLEM-CLASS1 2205032372 COMAISONSELIRECAST 3121 2205035052 UNCONPERSON-CLASST TypeCode Pri Location 3311 3173 3101 3172 3051 3263 3281 3101 3311 3171 3311 3101 3263 3263 3191 3311 Origination 05/01/2022: 22:39:55 05/02/2022 15:35:36 05/02/2022 19:35:37 05/02/2022: 22:54:11 transport hmc 05/03/2022 14:02:58 transport Igh 05/05/2022: 20:03:27 05/06/20220 01:14:52 05/08/20221 18:22:08 transport hmc 05/08/20221 18:26:58 transport Igh 05/10/2022 00:18:24 05/12/20221 13:44:42 transport Igh 05/17/20221 14:11:48 transport Igh 05/20/2022 05:33:31 05/20/20221 11:33:23 05/21/20222 21:40:28 05/23/20220 09:56;41 transport hmc 05/23/20221 10:34:44 05/25/20221 15:26:18 05/25/2022 15:49:49 transport Igh 05/28/2022 13:20:24 05/28/2022: 20:40:27 transport Igh Disposition Receiving Unit Unit Assisting Facilitv Covered Assisted Unit Cx nopt recalled recalled Cx Cx CX refusal Cx CX nopt recalled 77 77 77 77 77 77 77 77 77 77 77 77 77 77 40HARVESTVEW'S SOUTH 05/03/2022 13:11:22 transport Igh 607H HEARTHSTONELN 05/31/2022 09:53:39 transport Igh Total dispatchesf for Jan- May 2022: Total covers/assists forJ Jan- May 2022: 84 98 55 East Main Street : Mount. Joy, PA: 17552 : 717.653.4227 manstretmountoy.com : info@mainstreetmountjoy.com MONTOY MOUNT JOY BOROUGH COUNCIL REPORT FOR MAY 2022 ACTIVITIES Planning for. June Craft/A Art/N Maker show (June 11) Planning for Car Show (July 23) Installed the new downtown flower planters. These are resin-based with water retentive properties, which will hold water between rain events and require less watering over the summer. Worked with local flower planter specialist for flower selections and design. $10,000 investment. These flower planters require much less maintenance. Moved locations to corners to avoid parking issues on Main Finished development of newi interactive Downtown Map. QR codes will be distributed to businesses, hotels, motels, B&Bs and event venues for people to scan and see what's available downtown. We are able to add event spaces and details to the map. Will be looking to add sales / business events/li live music as provided. Map shows available public parking downtown. Map is mobile-friendly and can Met with business about using outside space to fullest potential. Discussed new concept and Worked with business on process of converting paperf files / documents to lectronic/scanned documents. Discussed equipment needed, structure. and process to implement project. Discussed pros Met with second business purchasing their property downtown. Discussed long-range plans on using Assisted Olde Square Inn with their bike giveaway celebrating this year's.completion of their Breakfast Street. easily bei inserted into websites. implementation of concept through the summer. &cons to project and potential problems to avoid. property and potential changes to benefit their business. With A Cop program. Assisted with community Memorial Weekend service at War Memorial Park. 2022 Sponsorship Update Chocolate Walk Major Sponsor: Denny Brandt, Berkshire Real Estate Major Sponsor: T-Mobile Craft Show Car Show Major Sponsor: Sheetz Funeral Home Major Sponsor: Members 1st Federal Credit Union Main Street Mount. Joyi is committed to enhancing the economic, social and cultural quality of downtown Mount Joy. 9h MILANOF-SCHOCK LIBRARY 1184A Anderson Ferry Road, Mount Joy, PAI 17552 Tel:717.653.1510 Fax:717.653.4030 www.mslbrary.org - Milanof-Schock Libraryi is a community resource that enriches lives through, education, information, exploration, and socialization. Be Connected Serving East Donegal" Township, Marietta Boro, MountJ Joy Boro, Mount Joy Township & Rapho Township May 2022 Compiled by Joseph Mcllhenney, Executive Director Contributors: Susan Craine, Kim Beach, Jan Betty & Kirstin Rhoades April 1-30, 2022 Statistics TOTAL CIRCULATION YTD CIRCULATION OVERDRIVE & E-formats NEW) PATRONS YTD NEW PATRONS PATRON COUNT YTD PATRON COUNT PASSPORTS YTDI PASSPORTS WIFIUSERS PCUSERS 2022 14,492 56,146 1,292 58 241 4,966 18,655 133 406 302 305 2021 13,808 57,906 1,398 38 177 2,551 13,396 86 340 277 327 2020 ** 40,411 5,021 ** 171 ** 15,317 ** 341 ** ** $862.34 $436.00 $144.00 $1,442.34 2019 14,961 59,666 74 283 6,379 24,376 135 554 2018 15,404 59,887 64 276 6654 26,599 128 602 **MSL was closed for COVID-19 in April of 2020 ITEMS SOLD INI LOBBY YTD TOTAL$ TOTAL $ ADDED DONATIONS TOTAL $D DONATIONS as PRIZES TOTAL $3,456.64 Executive Summary Nice weather made it possible for some children's programs to be held outside in April MSL hosted the Rotary's Shred Event on April 2 raised $1,365 in donations for the library. MSL celebrated National Volunteers Weeki in April, we distributed chocolate! Certified trainer Courtney Eppler led the Dementia Dialog Series, meeting 3 of5t times in April. Mysterious Petroglyphs of Safe Harbor program on April 18 was well attended -al hopeful sign! PROGRAMMING/CLUBS/PROCTORS NUMBERS ADULT Programs In-Library Programs Club Meetings/Particlpants YOUTH Programs In-Library Programs Virtual Videos Virtual Programs Volunteer Volunteer Hours Programs Participants Programs YTD Participants YTD 22 Programs Participants Programs YTD Participants YTD 22 0 0 0 0 Month Total 2022 YTD Totals Joseph Attended the Mount Joy Borough Council meeting on April 4 Attended Friend's Group Meeting on April 11 Attended Mount. Joy Chamber of Commerce lunch, April 13 Attended MSL Building Committee meeting, April 14 Attended the Anti-Poverty Working Group Session called by Mayor Tim Bradley, April7 7 Spoke to thel Manheim Sertoma Club about donation on April 11. Invited to meeting on Thursday, May 5, 2022. Spoke to Dr. Weinhold, chiropractor and owner of building next door, regarding the driveway planned for next toi the Friend'ss sorting shed. He is okay with thei idea and the work, April27 Community/Service Point (Susan) Continued to work ont the staff schedule Supervision of 2 new staff members. Met with each to ensure they understand policies and procedures. Both are doing well. Youth Services (Jan) Story time numbers continue to maintain with my highest program attendance of 41 in one session. Plenty of new faces including a grandma with her grandchildren, who are visiting long term and do not speak English. Made many, many phone calls to set up: summer programs. Turned in my summer: stuff to the system for their booklet and am working with Kirstin to prep the send home papers fort the schools. Also touched base about Megan put ups some lovely Crickcut eggs in April, sO we did an egg hunt for interested kids and families. appearing on D-TV1 to do ani info-mercial! Public Relations/Promotions (Kirstin) CONSTANT CONTACT: unsubscribe SOCIAL MEDIA: April 2022 Enews: sent to 3,100 contacts, added 30 new contacts; 1,073 opens (36%6), 59 clicks (2.1%),5 Facebook - Total Page Followers 2,159; 25 New Page Likes; 8,148 reached; 2,489 post engagements; Posted 118 Stories with 361 opens and 44 engagements; Created 4 Events; Most popular post-N Miss Jan and the book a student wrote about her 1.2K reach with 269 engagements 5PRESS RELEASES- Distributed via news media, municipalities, and Chamber of Commerce. Instagram - 7931 followers (22 new!) WEBSITE YARD: SALE 3,462 website entrances; 4,141 users; 7,567 page views Continued to print small handouts and bookmarks to promote the event. Communicated with 21 food trucks to coordinate arrivals and what they need; promoted on social media VoluntersyProgramming/Fundrasing (Kim) Annual Patron Appeal 2022 Donations still arriving. AsofMay 1: $30,741.20 Auction 2022 Adult Programs Platinum sponsor has stepped forward! $1000 donation. "Ask" letter to potential donors will go outi in early. June. "Mysterious Petroglyphs of Safe Harbor" program brought in al large crowd. Happy to see adult programs are picking up again. 9 BOROUGH OF MOUNT JOY PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Mark Pugliese, Borough Manager FROM: Dennis Nissley, Public Works Director DATE: June 1, 2022 RE: Public Works Department Activities for May 2022 Following is a list of activities for the Public Works Department for May 2022: Parks - Weed spraying Parks - Mowing Parks - Weed wacking Parks/PW-1 Mulching at borough properties PW-Miseellaneous asphalt patching and pot hole repair PW- Install foundations for poles for camera installation at Little Chiques Park PW- Street sweeping was conducted the week ofMay 16. East Petersburg Borough was hired to do this with their sweeper. PW staff was busy all week moving no parking signs and hauling the debris to the PW- Hang banners for Kraybill School and Library. Thanks to Hertzler Electric for donating the use of landfill. PW- Working with volunteers to have stone wall restored at Gateway Park Signs - Repair and replacement ofi missing or damaged signs as needed. Compost Site - Deliver mulch and compost to borough residents their bucket truck and an operator. Compost Site - Grind rawi materials Conducted one interview for the Stormwater, Projects and Grants Coordinator position. Was contacted by CH&N Excavating that they are planning to install the PCSM infiltration facility "D"at N. Melhorn Dr and W. Main St. I passed this on1 to ARRO toi insure that all plans were accurate and correct and discussed with them the need tol have inspections ofany work asi it is happening. ARRO isi in contact with CH&N to coordinate this. Projects: Pinkerton Road project - 24 of26 properties have committed to having the street contractor install their curbs. Contract has been fully executed. Meeting with contractor June 2, 2022 to discuss overall project N.A Angle Street project - 10 of12 properties have committed to having the street contractor install their curbs. Contract has been fully executed. Meeting with contractor June 2, 2022 to discuss overall project ARLE grant Main Street Pedestrian Signal Upgrade project - Project is underway, the underground work is completed. Installation ofPedestrian Poles is scheduled for week of 5/30. To be followed by and schedule and schedule overhead work beginning the week of6/6. Manheim Street stormwater project- UGI will need to come back to lower gas linesi in order fori the final work to be completed on the stormwater system at Old Market Street. UGI gave a lead time of160-180 days to get the necessary pipe fittings. PennDOT elected toj pave over this area which will need to be opened and then repaved after the gas lines are moved and the stormwater piping is completed. DEP Act 101, 902 Grant -Mount Joy Borough was awarded $208,693.00 for the purchase of equipment for the compost site. We are awaiting the grant agreement from DEP in order to move forward with the Little Chiques Creek Streambank Restoration Project - Grant applications are being submitted with DCED (Watershed Restoration Grant) and DEP (Growing Greener Grant). For both of these grants we got letters of consent signed by 12 adjoining property owners. This was a good time to: meet with the adjoining property owners and explain the benefits of this project. All owners were willing to sign and purchase oft this equipment. are very supportive ot this project. Meetings: Attend Public Works Committee meeting Attend Borough Council meeting installation on upcoming street projects Attend Staffmeetings planning for future projects Meet with and respond toj property owner questions relating to their requirements for curb and sidewalk PW/Parks Supervisors bi-weekly scheduling and planning meeting to discuss ongoing projects and Met with representatives from Cresco Labs regarding S.. Jacob Street and New Street repairs and Participated in Teams meeting with Amtrak representative regarding spotted lantern fly concerns along Thanks to the PD officers Shelly and Reed forj providing CPR/First Aid/AED training to all Borugh staff Attended LCPC Places2040 Planning Leadership Awards Celebration at Manheim Twp Library. The Borough's Active Transportation Guidebook project was nominated as a project that demonstrated revisions the railroad property. that needed to update their certification. leadership and effectiveness in meeting the goals of] Places2040. 48 To: Mount Joy Borough Councilors, Borough Manager Pugliese & Mayor Bradley From: JosephArdini May 2022 Authority Administrator Report 1. Wood Street watermain replacement: New 8" watermain has been installed from Market Ave to Plum Street. Line passed bacteria sampling and hydrostatic testing. Staffi is working on moving services onto the new watermain and paving thestreet. 2. Staff continues with our residential water meter replacement project. 3. Staff is working on the annual consumer confidence report for 2021. 4. Trout CPA: started the audit oft the Authority's 2021-22 fiscal year. 5. Authority staff continued review andi involvement on the following projects: 1580 Strickler Road -Taco Bell Property 1156 Five Star Drive Amazon Cornerstone Lot W-5- - Midstate Roofing - ongoing. Elm Tree Phase 5C- -I review ofs shop submittals, ARRO provided onsite inspection. Cornerstone Lot W-1 - contractor is supplying submittals for review. Rapho Industrial Park sewerage - project has started with ARRO providingconstruction. 1540Strickler Road - ARRO and staff have reviewed the plans and provided ani initial review observation. letter. 91 To: From: Date: Borough hCouncil 5/31/2022 Jill Frey Assistant Borough Manage/FinanxeOliter. Included with this report, you will: find the following items: Account Balance Reports - A report of the reserves in our four major operating funds as of May 31st, Note for General Fund - You will see a sub-section for the General Fund that excludes the CARES. Act and ARPA money, both received and spent. Itis recommended to. keep those items out oft the normal CARES. Act and ARPA Committed Funds Report- A report of the detailed activity relating to the 2022. operating fund balance. CARES. Actand the. ARPA. Budget Report for May 2022. Iattended thel PSABConference. May 22nd- May 25th, The exhibitor marketplace consisted of 81 vendors. It was also very interesting and helpful to meet and talk with other people from different areas of the State that work: in Municipal Government and deal with similar challenges. lattended various sessions on a variety of subjects, as well as attending the legislative sessions with legislators from the PA House In Stacie's absence Iam continuing to maintain a spreadsheet to track inquiries and the progress there of, as well as working with Robi from Commonwealth Code. Inspection Service to: review thes spreadsheet, exchange paperwork, ensure permits are being issued and questions are being answered. The and Senate. It was very informative. spreadsheet is included with this report. Ifany of you have questions, please do notl hesitate to reach out to me. Respectfully submitted, JiFrey Assistant Borough Manager/Finance Officer 1 M MOUNT. JOY BOROUGH MEMORANDUM TO: Borough Council & Mayor FROM: Mark G. Pugliesel I, Borough) Manager A DATE: June 3, 2022 RE: Manager's) Report 1. Ihave processed eight (8). Right-To-Know Requests this month. One has been very time consuming. 2. Ihave attended the Public Works Committee Meeting, Building Ad Hoc Committee meeting and Chamber of 3. Reference to the Ground Ambulance Service Agreement with PSHI Life Lion LLC. Ibelieve all issues are resolve once. Iam able to prepare a list of events that the Borough wishes PSHI Life Lion LLC1 tol having a rig 4. Inr reference to the Police Collective Bargaining Agreement, as ofthis memo, there has been agreement on all outstanding issues and it will be before you for a vote at your. June Council Meeting. 5. Staff continues to work on al new. Community Guide/Map with updated Borough information and new business advertisements. We are. hoping for an early 2022 distribution. Letters have gone out to previous sponsors to seei ifthey are willing to commit to the next guide. Staffisr reviewing drafts. 6. Reference to BMP 107/Melhorn Basin, ai representative from ARRO will be present at the June Council Meeting to offer explanations and or answer questions. Unfortunately, the project is at a stand still until Council either agrees to move forward utilizing ARRO data or directs staff towards another course ofaction. 7. Reference to BMP 125/Borough Basin. This project should be wrapping up. On 5/31Icontacted ARRO reference to standing water. On 6/1In met with Mike Bingham, ARRO, at the site. It appears that the contractor was pumping water out ofthe basin in preparation of planting vegetation. I would note that I had gone out to the site at approximately 6:15 am on 6/1 and there was only standing water in approximately 1/3 oft the basin. M. Bingham pointed out that before the vendor is completed, they will need toj provide information verifying that there ist the .5i inch slope towards the inlet. He further mentioned that once: all the 8. Reference to. Brady's Alley, survey has been completed and our engineers are drawing up plans for stormwater. Awaiting HOP. Public Works will take on this task as they had with N. Angle Street. 9. Building Ad Hoc Committee - The committee reviewed data provided byt the architect for the Police Station at the Florin Station, completing aj pole barn structure for Parks, and a remodel of current facilities that would come inj just under $9 million and advised that ai new facility for Administration and Police would be approximately 9.3 million. The committee will continue to recommend Grandview as the site for The architect further provided a contract for the Borough of approximately $19,000 should the Borough wish for him to look at further options. Upt to this point, all ofhis work has been for free. 11. Train Station Deed. Noi information on the deed. Paid parking should be completed by the end of August. 12. AMTRAK Station and spotted lantern fly. Public Works Director and II had al lengthy video conference with officials from AMTRAK and Terminix that had been driven by a request that I had made in the fall due to the spotted lantern fly. In short, state and federal authorities had prohibited the commercial use of pesticides on the spotted lantern fly. Government entities now realize the potential damage that could be Commerce meetings. I was out oft town on standby at. This should be complete for you. July meeting sediment controls are: removed there shouldn't be standing water. construction. 10. Mount Joy Community Foundation - No updates 1Page realized due to the infestation. However, there is still nol known pesticides that effectively treat the fly that may not have an affect on other species. Until the department of Agriculture provides additional information, possibly in August of2 2022, no commercial spraying is approved. Iwill provide information as it becomes Reference 2 other subjects regarding the train station, part-time custodial position and elevator alarm. AMTRAK is looking for aj part-time custodial person that will do minor work at the station, maybe 1 houra day, and they will have an alarm installed sO that they willl know immediately when the elevator is stuck. a. DCED Multimodal Transportation Fund Grant - ARRO advised of2 rights-of-way that need to be obtained. Solicitor has provided me with thei information needed to obtain easements for the 2 locations. b. Smart Growth Transportation Grant - we are waiting on one reimbursement to close out this grant. NFWF Grants 2021 - all reimbursements have been received and pending any work that may be required available. 13. Rt772 re-routing, no updates. 14. Grants Iam waiting for further information from the engineer toj justify the easements in the spring, this grant will be able to be closed out. d. 902 Recycling Grant - Approved Capital Budget Request - Submitted and awaiting word on approval. area. Forrest Green 21 bike bicycle racks will be ordered. RETTEW placed in the grant were not permitted. Kunkle Field/Park Heritage Grant - Submitted Lancaster County Bicycle Club Grant- Approved- - Five (5) bicycle racks to bei installed inj the downtown DCED/DCNR C2P2 Grant- Submitted on April 6, 2022 -1 required amendments due to item that h. NFWF 2022 Grant- Submitted Lancaster ARPA funds - Clean Water Consortium applied for grant funding to cover major projects through the County including Chiques Creek restoration project. Request had passed thei first hurdle and are waiting overall results. k. Greenway Trails grant - Submitted Watershed Restoration Grant- Submitted m. Growing Greener Grant - will be submitted by end of month, 15., ARROTerms and Conditions -Ih had submitted the document prepared by our solicitor to. ARRO for Comments and was advised that they would only agree to their original Terms & Conditions. ARRO spoke with their liability carrier and felt that this agreement satisfies and protects ARRO and their customers. Iin turn contacted our solicitor and she indicated that she felt that ARRO's Terms and Conditions are acceptable for the normal review work that is completed as the "Borough Engineer". However, iftheir services are engaged for any projects there should be a clause that the prepared plans become the property oft the Borough. 16. Iam continuing to organize the files within my office. Linda has been al huge help in this area. In some cases, Ineed to make this aj priority due toi my lack ofi file cabinets thus creating stacks of working files on my 17. We continue to work on: finding a cleaning person or small cleaning company for the Borough Building. I 18. Stormwater. Grants Planning Officer. Reference checks being completed on two (2) applicants. Ibelievel 19. Borough) Financials - Ifyou would recall that last month I addressed thei issue that inflation was taking its tole on our budget. Staff did an excellent job with the 2022 budget andi in many cases took into consideration normal costs increase when providing numbers for the budget. However, nobody was int the position to predict inflation at its current rate. Many items that were budgeted for using actual quotes from vendors back in October of2021 have increased significantly by now. Staffi is now looking for ways to cut costs. We are looking beyond the normal vendors for product to attempt to purchased required items at a price close to what was budgeted. Some of these steps include BJ's membership, Amazon Prime membership, negotiating with natural gas suppliers (as we do with electricity), CDW-G, replacing PCs by eliminating the towers and switching in docking stations that are compatible with the laptops that were purchased in 2020. Iam open for newi ideas to the way we: are doing business. These steps may not keep us under budget, they do get u much desk. Work in progress. am awaiting quotes from 5 companies. will be able to make. a conditional offer of employment int the next week or SO. closer to it. 2IPage 20. Bank. Accounts Assistant Manager and I have been looking ati interest rates between Northwest and PLIGT for the past couple of months. PLIGT has consistently provided a higher interest rate. Ini mid-May the Assistant manager check rates and PLIGT again was significantly higher again. The following financials were moved from Northwest Bank (.04)tol PLIGT (.7633). Account Capital Fund General Fund Highway Aid Fund Refuse Fund Northwest Bank $1,266,558.72 $3,768,601.59 $566,411,98 $893,154.77 Moved Tol PLIGT $1,000,000.00 $3,250,000.00 $250,000.00 $500,000.00 21. Thanks to Officers Shelly & Reed, the majority of our non-uniform personnel received First Aid,CPR & AED training. On a side note, the AV equipment in Council Chambers was utilized for the video portions of the training and it worked perfectly This completes my report from the month of. June. As always, please let mel know if there are any questions or comments. End of] Report 3/Page 12 BOROUGH OF MOUNT JOY Lancaster County, Pennsylvania POLICY # Subject Date of Issue Video Conferencing of Public Meeting DRAFT V1.0 Effective Date Expiration Date NIA Amends: Policy All Personnel I. PURPOSE Rescinds: NI/A The purpose of the policy and procedure is to establish guidelines for the utilization of video/audio recording and conferencing equipment. Pennsylvania statutes regulate the interception, disclosure or use of wire, electronic or oral communications. Video recording within public areas is lawful; however, audio recording ofany person must conform to statutory and regulatory requirements. II. POLICY Its shall be the policy of the elected officials oft the Borough of Mount Joy to facilitate the video conferencing of all-public meetings in order to provide transparency in government and to provide convenience to its members, staff and community in attending public meetings. In doing SO, the elected Borough Officials further understand that the video conferencing has limitations regarding the internet, limits of hardware, as well as limits of software & conferencing platforms. II. OBJECTIVES Use of video conferencing and broadcasting of public meetings will allow the Borough to accomplish many goals including but not limited to thei following. A. Provide transparency and openness of local government. transactions occurring during Council, and other meetings. C. Provide an avenue for Borough residents to see local government in action. D. Provide a means to more accurate transcribing ofmeeting minutes B. Provide an additional means for updating the Borough residents on programs, initiatives, activities, and IV. DEFINITIONS A. Audio Visual Conference Devices = Any computer, router, video and audio mixers, displays, microphones, computers, laptops, televisionsmonitors, or any other device, electrical or mechanical, designed to display, record, or transmit audio or video to nearby electronic equipment within the Video Conferencing of Publicl Meetings-DRAFTVI,O Policy# confines oft the meeting location or across the internet or other such equipment as described under the B. Public Participation - Commentary permitted by persons qualified to do sO and physically in attendance at the public meeting oft the Borough ofl Mount Joy, subject to the Pennsylvania Sunshine Act and its amendments. Any member of the public who wishes to address Council or Committees Remote Attendees - Any individual who is viewing or listening to a public meeting on any type of audio or visual devise and is not physically present andi in attendance oft the public meeting. D. Remote Public Participation - Remote public participation shall not be permitted at any public meeting unless prior participation has been granted by the President ofl Borough Council. E. Remote Officials/Staff Participation - Elected Officials and/or staff may participate in remote access utilizing audio or visual devices in accordance with Pennsylvania Law/Borough Code as amended. F. Video Conferencing of Public Meetings - Any meeting of the Mount Joy Borough Council or one of its authorized committees in which audio-visual conference devices are utilized to broadcast meetings Borough Code or applicable law. shall be physically present and in attendance oft the public meeting. to remote attendees. V. PROCEDURES A. The Borough shall maintain all audio-visual conferencing devices (hardware) to successfully broadcast meetings to remote attendees. Equipment shall be tested on a regular basis and deficiencies B. Borough Manager or his/her designee shall contact appropriate vendor(s) to repair any equipment that has been determined noti tol be operational. Repairs shall be made. as expeditiously as possible. The Borough shall maintain an appropriate software platform in order to broadcast meetings. Any D. Borough Manager or his/her designee shall contact the vendor(s) to repair and/or update any software E. Borough Manager or his/her designee shall ensure that meeting agendas as well as the links to the Borough Meetings is posted at a minimum of 24 hours in advance of the scheduled meeting in F. Borough Manager or designee shall open the software platform at a minimum of 15 minutes prior to the posted time of the scheduled meeting. This allows remote attendees the opportunity to be granted G. Prior to the start oft the scheduled meeting a policy statement shall be posted on the screen SO that all remote attendees are aware of the Borough's video conferencing policy. The policy statement may also be read into the record at the beginning of each meeting. The policy statement shall include 1. The Borough of Mount Joy provides remote access as a convenience. Borough meetings are open for the public to join in person. This is the official method for public participation. The public that is utilizing video conferencing will not be able toj participate ini the meeting. 2. The Borough cannot guarantee one's ability to connect remotely or to participate remotely. Connectivity issues as well as technical difficulties may occur that are outside of the Borough's Control. Meetings will not be canceled or rescheduled in the event ofa a remote connectivity issue 3. Those individuals or entities making a presentation to Borough Council or a committee, or members ofthe public wishing to participate during the public comment portions of the meetings must be present inj person unless prior arrangements have been made with the Borough. 4. Any disruptive conduct will result in one's removal from the meeting and inability to rejoin the meeting. Any illegal conduct will result in the involvement of law enforcement and potential report to the Borough Manager or his/her designee. deficiencies shall be reported to thel Borough Manager or his/her designee. as deemed appropriate. Said repairs shall be made as expeditiously as possible. accordance with Pennsylvania Sunshine Act. remote capabilities of audio and/or visual. verbiage as follows. or technical difficulties. prosecution. Issued Page 2 Video Conferencing of Public Meetings-DRAFTVI.O Policy# H. Those in attendance either remotely or in person shall be notified that the meeting is being recorded. Recordings shall be maintained only for the purpose of accurately memorializing the transactions and communications of the meetings, until such time as the minutes to the meeting are approved. Recordings shall then be destroyed. Meeting minutes shall be the official record of all council and committee meetings VI. DISTRIBUTION: All personnel. IX. RESPONSIBILITY: Itist the responsibility ofa all employees and elected officials to become familiar with this policy & procedure. X. REVIEW: This policy shall be reviewed periodically and amended as needed. XI. AMENDED: Effective: By Order Of: Immediately Council (Vice) President Attested Borough (Assistant) Manager SEAL Issued Page 3 12b. MEMORANDUM OF UNDERSTANDING LANCASTER COUNTY CONSERVATION DISTRICT BETWEEN THE AND MOUNT JOY BOROUGH WHEREAS, the Lancaster County Conservation District, hereafter referred to as' "LCCD", and MOUNT JOY BOROUGH, hereafter referred to as Municipality, have common areas of responsibility in serving WHEREAS, there are common areas of work that require communication and support of each of these parties WHEREAS, the District and the Municipality desire to formalize their interactions in relation to common WHEREAS, this Memorandum of Understanding will serve as a foundation for a cooperative and mutually NOW THEREFORE, the parties agree to jointly enter into this Memorandum of Understanding. The the citizens of MOUNT JOY BOROUGH and to the other party, and programs and responsibilities, and beneficial working relationship between the District and the Municipality, Memorandum of Understanding has six component parts as listed herein: . Erosion & Sediment Pollution Control/NPDES for Stormwater Discharges Page 2 6 7 9 11 Associated with Construction Activities II. Chapter 105- Dam Safety & Waterway Management III. NPDES Municipal Separate Storm Sewer Systems (MS-4-NPDES Permit PAG13 MCM1,2,4) IV. Agricultural Related Activities (Manure Management & Erosion Control) 1. Plain Sect Outreach 1. Watershed Program 2. Educational Program 3. Ombudsman Program V. Education and Outreach VI. EXECUTION 15 16 17 18 VII. ATTACHMENT A-I Municipal Contact Information ATTACHMENT B - Common Complaint Contacts List ATTACHMENT C-N MS4 Reporting Fee Schedule and Form 1 I. EROSION AND SEDIMENT POLLUTION CONTROL & NPDES for Stormwater Discharges Associated with Construction Activities PURPOSE: Erosion and the resulting deposition of sediment in our waterways are the primary pollutant by volume of our streams. Minimizing erosion and sediment pollution of our streams requires initiatives at the federal, state, county and local municipal levels of government. The purpose of this Memorandum of Understanding (MOU) is to serve as aj joint commitment to control accelerated erosion and to prevent sediment pollution to the' Waters oft the Commonwealth, which may result from the conduct of earth disturbance activities. This MOU also serves as al basis for stating the role of each party in appropriately updating and administering appropriate Ordinances of the municipality in relation to Erosion and Sediment DISTRICT RESPONSIBILITIES: In carrying out the intent of this Memorandum of Understanding, the LCCD shall, within the limits ofi its capabilities and within the scope ofi its Delegation Agreement with PA DEP, administer and implement the Commonwealth's Erosion and Sediment and Stormwater Control (Chapter 102 and Pollution Control. Chapter 92- NPDES) Programs: 1. Records, Resources, Materials and Documents: a. Provide to the Municipality a schedule of plan review/inspection fees and sufficient quantities of all necessary forms. The LCCD will promptly notify the municipality ofa any change ini the plan review/nspection fee schedule and provide updated forms and educational materials in at timely manner. b. Upon request, provide all applicants with al PAI DEP Erosion and Sediment Pollution Control Program Manual, National Pollutant Discharge Elimination System (NPDES) Permit applications, and related forms, worksheets, checklists and all other forms and documents necessary to successfully prepare an E&S plan and/or NPDES Permit application for discharges of stormwater associated with construction activities. Provide the municipality with a year-end summary of NPDES and Erosion and Sediment Pollution Control activities within the municipality. The summary is intended to inform the municipality of activities and document activities for municipal MS4 permit requirements. The report is titled "Annual MS-4 Supplemental Report for MOUNT. JOY BOROUGH". d. Serve as a repository for all erosion and sediment (E&S) control plans, permit applications, plan and permit reviews, complaints, inspection reports, correspondence and other materials and documents concerning the conduct of earth disturbance activities permitted under the municipal ordinance. All such information shall be contained in a dedicated filing system, which shall be available fori inspection by municipal officials e.7 The LCCD will maintain information and materials on its website related to NPDES permitting and the E&S program. Municipalities may provide links to the LCCD website from municipal websites. This activity at any time. provides additional outreach and satisfies relevant MS4 requirements. 2 f.The LCCD shall maintain a filling system, in accordance with DEP's Records Retention Policy, that may be available for municipal official review. 2. Plan Reviews and Permitting: a. Receive all applications and E&S plans required by NPDES permitting regulations and complete administrative and technical reviews within time frames established by PAI DEP. b. Receive all E&S plans either required by municipal ordinance or submitted voluntarily, and complete - Within 10 calendar days ofareview action, the LCCD will forward to the municipality, applicant and/or . Notice of NPDES Permit decisions including, but not limited to, permit and plan approvals, renewals, II. Notice of E&S plan decisions where NPDES Permits are not required including approvals and deficiency reviews of the plans within time frames established by the LCCD. responsible party: deficiency letters, denials and withdrawals. letters. 3. Inspections: a. The LCCD will inspect earth disturbance activities to ensure that the implementation and maintenance of the E&S plan and Chapter 92 E&S practices are in compliance with the approved E&S Plan, the NPDES b. Inspections will be performed. At a minimum, in compliance with PAI DEP inspection schedules for Permit and Chapter 102 regulations. permitted projects Att the request of the municipality. Within 10 calendar days of receipt, in response of a complaint from the municipality or the public. d. Routinely, as time, workload, or staffing resources may allow. Within 10 calendar days of completion the LCCD will forward to the municipality and applicant or responsible party: - Inspection reports resulting from complaint investigations and other inspections d. Initiate enforcement actions within the scope oft the delegation agreement between the LCCD and the PA DEP. 4. Municipal Assistance: 3 a. The LCCD will assist the municipality with environmental problems, permit applications and resource management issues within the scope of the LCCD's role under the Chapter 92 and Chapter 102 programs. The LCCD will enlist assistance from cooperating agencies when appropriate. b. The LCCD will provide an invitation to the municipality to all appropriate educational events. C. Att the request oft the municipality, the LCCD will review appropriate sections of municipal stormwater management and subdivision and land development ordinances and make recommendations for consistency with current Chapter 102 regulations and NPDES Permit requirements. d. Meetings: The LCCD will invite the municipality to all scheduled pre-application meetings. Where the LCCD is not the entity organizing the meeting, the LCCD will recommend to the meeting organizer that the municipality bei invited. Attendance and choice of representative is at the discretion oft the municipality. II. LCCD staff, will schedule to meet with municipal representatives a minimum of 21 times per year to provide information or to discuss issues related to NPDES permitting and Chapter 102 regulations. II. LCCD staff, where appropriate, will notify the municipality of any site meetings related to inspections, violations or complaints and invite the municipality to attend these meetings. MUNICIPAL RESPONSIBILITIES: In carrying out the intent of this Memorandum, the municipality shall: 1. Resources and Information: a. Inform those involved with earth disturbance activities of any Erosion and Sediment Pollution Control and b. Retain a sufficient quantity of LCCD's application form and fee schedule for E&S plans and issue such information to all proposed earth disturbance projects that require review and approval in accordance with the provisions of the municipal ordinance. The municipality shall provide instructions as necessary to have C. Distribute education information about the LCCD's programs and provide contact information to the public d. Retain all correspondence from the LCCD including copies ofi inspection reports, permit authorizations, denials and withdrawals, notices of violations; E&S plan approvals and other correspondence needed by the NPDES permitting requirements involving municipal ordinances. the E&S plans submitted to the LCCD. for the LCCD. municipality for MS4 permit documentation or other municipal purposes. 2. Notice and Referral to the District: 4 a. Forward complaints involving earth disturbance activities to the LCCD within 10 calendar days of receipt b. Forward all questions related to the preparation of E&S plans and NPDES permit applications to the LCCD. C.Notify the LCCD oft the receipt of al building permit application involving earth disturbance ofo one acreor d. Forward to the LCCD an Act 167 consistency letter to confirm that the proposed projects meet the intent of the muncpaltysstormwater management ordinance, if covered under an approved Act 167 ordinance. e. Forward to the LCCD copies of municipal engineer review letters when comments pertain tot the E&S plans, for inspection. more within five (5) working days of receipt. (Required under 25 PA Code $102.42). stormwater management plans, and/or NPDES applications. f. Coordinate pre-application meetings with the LCCD whenever possible. g. Complete Attachment A, contained ini this MOU, to better facilitate communications between the municipality and the LCCD. 3. Municipal Approvals and Actions: a. Before issuing any! Municipal permits or approvals, with the exception of local stormwater approvals, the municipality will require evidence of an issued Individual NPDES Permit, authorized General NPDES Permit orapproved E&S Permit if required, or an approved E&S plan where municipal regulations require an approved E&S plan where NPDES or E&S permits are required. Per Section 102.43, municipalities may not issue building or other permits to applicants proposing earth disturbance activities requiring a permit under b.V Where violations of Chapter 102 or NPDES permitting regulations are discovered, the municipality will cooperate with the LCCD to document and resolve the violations. Cooperation may entail providing access or copies of approved subdivision or land development plans, issued permits, review comments, revocation of municipal permits and other reasonable measures legally and practically available to the municipality. C.E Encourage the preservation and responsible use of all ofLancaster County's natural resources. Chapter 102. 5 II. Chapter 105- Dam Safety & Waterway Management PURPOSE: Pennsylvania's Chapter 105 program regulates the waterways and wetlands oft the Commonwealth. Chapter 105 establishes the thresholds for permitting requirements for encroachment or obstruction activities to jurisdictional waters and wetlands. The regulations also specify for requirements DISTRICT RESPONSIBILITIES: By a vote oft the LCCD Board of Directors at the Dec 2021 meeting, the Lancaster Conservation District is no longer administering the Chapter 105 Program for PAI DEP. All questions and complaints regarding the 105 Program should be directed to PAI DEP's South Central Office (SCRO) at email: ra- related to dam and floodway activities. plosquestonsepaorg MUNICIPAL RESPONSIBILITIES: a. Refer residents toi the PAI DEP when theyl have questions on permitting or earth moving activities related to streams, wetlands, ponds, springs or other waters regulated under Chapter 105. b. Distribute fact sheets and other educational materials provided by the DEP. C. Forward any complaints related to the Chapter 105 program to PAI DEP SCRO within 10 calendar days of receipt. 6 III. NPDES Municipal Separate Storm Sewer Systems (MS-4-N NPDES Permit PAG-13) PURPOSE: Many municipalities in Lancaster County and the County itself are subject to NPDES permit requirements for Municipal Separate Storm Sewer Systems (MS4). The purpose oft this agreement is to coordinate, where possible and desirable, the activities oft the municipalities and the county associated with MS4 permit requirements. While not all requirements lend themselves to coordination, several oft the requirements are such that coordination will result in decreased compliance cost and greater efficiency for both the municipality and county. The following details the municipal and LCCD responsibilities by Minimum Control Measure (MCM) MCM 1- PUBLIC EDUCATION AND OUTREACH DISTRICT RESPONSIBILITIES: In carrying out the intent oft this memorandum, the LCCD shall, within the limits a. Distribute an educational publication to developers, contractors, farmers and other stakeholders in b. Maintain on the LCCD website, information related to stormwater regulations, educational materials and resources. Itisrecommended that Municipalities provide al link from the municipal website, if available, to Annually, no later than 30 days after the end of the permit year, provide a summary to each regulated municipality oft the above activities and any other educational activities conducted by the LCCD that would be applicable for MS4 permit compliance. Where possible, copies oft the educational materials, the dates distributed and a summary or list oft those the material was distributed to willl be included in the summary. MUNICIPAL RESPONSIBILITIES In carrying out the intent of this memorandum, the municipality shall, within a. Annually, no later than 30 days prior to the end of the permit year, provide a summary tot the LCCD of the b. Where practical and applicable, notify the LCCD atl least 15 calendar days in advance of municipal public ofi its capabilities: Lancaster County, once per permit year at minimum. the LCCD website. the limits ofi its capabilities: use and or distribution of educational posters. outreach events where the LCCD could play a role in providing public outreach. MCM 2- PUBLIC PARTICIPATION DISTRICT RESPONSIBILITIES: In carrying out the intent oft this memorandum, the municipalitys /shall, within the a. Notify regulated municipalities of public participation events, as appropriate 30 days priort to the event. limits ofi its capabilities: 7 MUNICIPAL RESPONSIBILITIES: In carrying jout the intent ofthis memorandum, the municipality shall, within a. Notify the LCCD ofp publicparticipation events, as appropriate, at least 30 days prior to the event. the limits ofi its capabilities: MCM4-CONSTRUCTION SITE STORMWATER MANAGEMENT DISTRICT RESPONSIBILITIES: In carrying out the intent of this memorandum, the LCCD shall, within the limits ofi its capabilities: a. Meet all ofits responsibilities listed in the E&S section oft this MOU. b. Annually, no later than 30 days after the end of the permit year, provide a summary to eachi regulated municipality of LCCD activities conducted in the municipality. The summary will include: I. The number of sites inspected and the number ofi inspections conducted. II. The number of complaints received, the number ofi inspections conducted in response to complaints, and the number of complaints referred to other parties. III. The number ofe enforcement actions taken. IV. The number of NPDES permits issued. V. The number of E&S plans reviewed. VI. Ali listofNPDES permits issued with the date of issuance, expirations and permit number. MUNICIPAL RESPONSIBILITIES: In carrying out thei intent ofthis memorandum, the municipality shall, within the limits ofi its capabilities: a. The municipality will meet all ofi its responsibilities listed in the E&S section of this MOU. b. Retain all correspondence from the LCCD including copies of inspection reports, permit authorizations, notices of violation; E&S plan approvals and other correspondence needed by the municipality for MS4 C. Annually provide the LCCD with al list of contacts, their company, address, email and phone number, as to d. Provide copies of ordinances related to stormwater management, erosion and sediment control and illicit discharges. The municipality will provide the LCCD with copies of any revised ordinances within 30 days of documentation purposes. where the municipality would like copies of corespondencessent. adoption. 8 V.AGRICULTURAL RELATED ACTIVITIES (MANURE MANAGEMENT & EROSION CONTROL) PURPOSE: To conserve the agricultural resources of Lancaster County, by educating local municipalities and the public. This document encompasses but is not limited to, Nutrient Management, erosion control on DISTRICT RESPONSIBILITIES: In carrying out the intent oft this memorandum, the LCCD is a clearing house of information relating to agricultural farming. The following items are available to municpalitiesacross farms, and compliance related topics. Lancaster County. a. Administer the State's Act 38 program, also known as the Nutrient Management Law. LCCD staff reviews nutrient management plans, conducts onsite yearly status reviews relating to nutrient application. These plans are developed on an animal density calculation. Any operation that has over 2.0 Animal Equivalent Units b. The Commonwealth also requires farmers to have a Manure Management Plan (Chapter 91.36), developed for every farm that produces or applies manure on their ground, no limit on size or scope of operation. Once farm size reaches certain thresholds based on livestock, further requirement for nutrient management may be required (such as Act 38 or CAFO). These plans must be available upon request for review from the andowner/operator on site, but are not required to be submitted for review or approval. (AEU's)/Acre, is required to have an approved Act 38 Nutrient Management Plan. C. Erosion and Sediment Control ont farming operations: The LCCD will oversee PA Code Chapter 102.4(a) (Erosion & Sediment Control) relating to agriculture operations. Chapter 102.4 requires all farming operations that disturb over 5,000 sq. ft. to havea a Conservation Plan or Ag E&S plan developed and implemented. This also includes heavy use areas and no-till as earth disturbing practices. These plans must be available upon request for review from the landowner/operator on site, but are not required to be submitted for review or approval. d. The LCCD will offer Technical Assistance for farming operations within the county. This assistance can be used by the farming landowner/operator to help with the implementation of BMPs found within their Conservations Plans. When needed, for BMP implementation, a reviewed design packet will accompany, along with spot inspections of construction implementation, and certification. e.C Conduct complaint investigations regarding nutrient and: sediment pollution events. (See Attachment B) f.When applicable, provide guidance on conservation planning, within the Bio-Solids Program. g. Provide the LCCD wide fee schedule, which includes fees pertinent to agricultural operations. h. Provide the municipality with a reasonable quantity of related resource materials at the request oft the technical municipality. 9 MUNICIPAL RESPONSIBILITIES: In carrying out the intent of this memorandum, within the limits ofi its capabilities and available resources, the municipality shall: to: Nutrient pollution, and sediment pollution. a. Forward to the LCCD (Ag Compliance Coordinator), any agricultural complaint relating to, but not limited b. The LCCD highly recommends that the municipality require development of these plans before building permits for agricultural operations are approved. The municipality should not release permits to agricultural operations, until those landowners can produce a Nutrient or Manure Management Plan AND Conservation, or Ag E&S Plan. I Make available to the public any educational materials provided by the LCCD. IV.1 Plain Sect Outreach PURPOSE: The LCCD dedicates an Ag staff person as the 'Plain Sect' Outreach Coordinator. This person has experience working with the 'Plain Sect' community and is available to meet with muncpalrepresentatves to provide information related to conservation issues within the 'Plain Sect' community. This staff person is available to meet with individual 'Plain Sect' farmers and can serve as a resource person for any municipal sponsored informational meeting for the agriculture community. DISTRICT RESPONSIBILITIES: a. Provide assistance to the "Plain Sect" community byi informing the community on agricultural regulatory b. Refer farmers to the appropriate Agricultural Technician within the LCCD for technical guidance and Provide assistance to municipalities when they need support in working with the Plain Sect. requirements and best management farming practices. planning. MUNICIPAL RESPONSIBILITIES: a. Be aware that the Plain Sect Outreach Coordinator position exists and is available for assistance. b. Refer Plain Sect farmers to the LCCD for assistance, when appropriate. 10 V.EDUCATION & OUTREACH PURPOSE: The mission of the LCCD is to promote stewardship oft the land, water, and other natural resources; and to make all citizens aware oft the interrelationships between human activities and the natural environment; to provide assistance for current efforts in natural resource conservation; and to develop and implement programs which promote the stewardship of natural resources, while enlisting and coordinating help from public and private sources in accomplishing this mission. The education departments of the LCCD serve as a beginning point for many of our goals. Educating the public about our county's natural resources is a primary goal. Through education we can protect, preserve, and promote the mission of the LCCD. V.I Watershed Program PURPOSE: The LCCD's' Watershed Program goals are to educate, create and foster grassroot volunteer watershed efforts, water quality monitor, and be a resource on all things water related in Lancaster County. The Watershed Coordinator for the LCCD should be used as a resource tool by community members, businesses, schools, and especially municipalities. Items the Watershed Program can deal with include, but are not limited to, stream water quality, wetlands, pond management, stormwater education, groundwater recharge, volunteer conservation efforts, and many additional issues. One of the ultimate goals of the watershed program is to get local streams off the state's list ofi impaired waterways. This goal can be accomplished through combined efforts from the LCCD, surrounding landowners, businesses, and the municipality. This MOU outlines general areas of cooperation between both parties. DISTRICT RESPONSIBILITIES: In carrying out the intent of this memorandum, the LCCD shall, within the limits a. Help to keep all municipalities informed of local watershed associations/group activities within their jurisdiction. The types of activities these organizations conduct can assist municipalities ini their MS4 b. Provide the municipality with any volunteer water monitoring data that may be gathered for streams within your municipal boundary. All oft this data can bet found on the Lancaster County' Watersheds website, www.ancasterwatersheds.OrE, under the volunteer monitoring datai tab. Provide copies of resource and educational materials the LCCD may create. Limited amounts of such copies will be provided at no charge. For larger quantities, the LCCD will provide copies in at format, where practical, suitable for producing copies or at cost. (i.e. stormwater management, riparian buffers, floodplains, groundwater recharge, water conservation, backyard conservation, and other d. Maintain a Lancaster County Watershed website ww.amastenaterineior that provides current and useful local, regional, and statewide water resources that municipalities can use. (i.e. local watershed plans, list of volunteer watershed groups, stormwater action plans, local TMDL plans, electronic versions of educational publications, and a host of other useful tools.) ofi its capabilities: requirements. (i.e. public education and public participation) natural resource issues.) 11 e. Assist the municipality with watershed or water quality/quantity issues and permit applications that fall within the LCCD's area of expertise. The LCCD will enlist the services of cooperating agencies when f. Provide the municipality with watershed technical training opportunities and points of contact for LCCD g. Notify municipalities of public participation events, as appropriate 30 days prior to the event. MUNICIPAL RESPONSIBILITIES: In carrying out the intent oft this memorandum, the municipality: shall, within necessary. programs. the limits ofi its capabilities: a. Be an active participant in local volunteer watershed groups as they devise ways to educate, restore, or improve the local watershed within your municipality. b. Inform the LCCD of natural resource issues especially those that are water related. Where practical and applicable, notify the LCCD at least 30 calendar days in advance ofr municipal public outreach events where the LCCD could play a role in providing public outreach. d. Cooperate with the LCCD on studies, pilot projects or surveys related to water resource conservation within the municipality. ITISMUTUALLY AGREED WITHIN THE LIMITS OF ABILITIES AND RESOURCES: a. Both parties will provide fori the mutual sharing ofi information. b. Both parties will supply each other with available maps, geographic information system and computer aided drafting files, printed material, photos/slides, video and displays pertaining to pertinent Both parties will work on projects mutually benefiting the LCCD and the municipality. programs. V.2 Education Program PURPOSE: The purpose of this agreement is to define educational programs provided by the LCCD and available tot the municipalities and the county. The mission of the LCCD is the stewardship of land, water, and other natural resources. The LCCD administers and participates in a variety of programs to protect and promote the wise use of natural resources. DISTRICT RESPONSIBILITIES: In carrying out the intent of this memorandum, the LCCD shall, within the limits a. Develop and present lessons and programs designed to address the PAI Department of Education Environment and Ecology Standards for teachers, students, community organizations, watershed ofi its capabilities: organizations, and the public within municipalities. 12 b. Publish and distribute educational materials fori teachers, students, and the public. Provide educational materials requested by municipalities for schools or public coutreach. LCCD Education Program Links www.ancasterconservation.org www.ancasterwaterwatersheds.org MUNICIPAL RESPONSIBILITIES: In carrying out the intent oft this memorandum, the municipality shall, within a. Notify the Conservation LCCD when possible and applicable of municipal public outreach activities or events where the LCCD could be of assistance in providing educational presentations or materials. the limits ofi its capabilities: b. Notify the Conservation LCCD of publicparticipation events, as appropriate. :. Post educational materials or programs available from the LCCD, as appropriate. V.3 Agricultural Ombudsman Program PURPOSE: The PA Agricultural Ombudsman Program handles public relations, education and conflict management related to agriculture. The Program offers statewide liaison services to communities on issues affecting agriculture, land use, environment and planning. The Ombudsman Program focuses on pro-active education, but has re-active responsibilities, too. The Agricultural Ombudsman is not an advocate for any particular party, but seeks to achieve a satisfactory resolution to disputes through training and education. DISTRICT RESPONSIBILITIES: a. Serve as an intermediary between agricultural producers and municipalities, Conservation Districts and regulatoryauthorities, and to assist producers in navigating applications and permit and plan review processes to ensuret the producer is treated fairly and expeditiously in that process, while ensuring municipalities, Districts and regulatory agencies that the producer has met all the applicable requirements. b. Provide assistance to help municipal officials prepare for meetings expected to attract significant public interest or concern. Sample policies are available for municipalities to review and consider using to ensure an orderly, productive meeting that allows all parties involved to give their input. Inform municipalities and residents about current farming practices and help dispel myths about d. Provide educational materials to help address public concerns about agricultural operations. modern agriculture. 13 MUNICIPAL RESPONSIBILITIES: a. Contact the Conservation District seeking services oft the Agricultural Ombudsman to assist with conflict management, resulting fromi the interface of production agriculture and suburban/urban b. Contact the Conservation District seeking services of the Agricultural Ombudsman to assist with educational input or non-legal advice regarding impacts on agriculture and the potential for farmer/resident conflicts because ofv what is currently written or proposed in a municipal ordinance. Direct residents to contact the Agricultural Ombudsman when residents are experiencing fly concerns, constituents. odor management concerns or other concerns generated by agricultural activities. 14 VI. EXECUTION This Memorandum of Understanding shall become effective only after it has been adopted by vote of the governing bodies of both parties. Signatures must be those ofa a member of the governing bodyauthorized to This Memorandum of Understanding may be terminated by either party for any reason. Termination ofthis Memorandum of Understanding must be by certified mail. Termination shall become effective 30 days after This Memorandum of Understanding shall be reviewed periodically by either or both parties and may be With the execution oft this Memorandum of Understanding any previous Memorandum of Understandings sign for the governing body. receipt oft the notice oft termination. amended by mutual consent of both parties. between the Municipality and the District shall bei invalid. LANCASTER COUNTY CONSERVATION DISTRICT SCAL By: Title: Date: Chairman January 2022 MOUNT. JOY BOROUGH By: Title: Date: (SIGN AND RETURN THIS PAGE ALONG WITH THE NEXT PAGE, ATTACHMENTA) 15 ATTACHMENT A- Municipal Contact Information Please complete thes entireform. Contact information willl be used by the LCCD to communicate with) your municipal officials throughout the) year. Revised] Feb2 2022 Municipal Information Municipal Manager: loning Officer: Road Master: Municipality Mailing Address: Phone Number Manager'semail address: Municipal Engineer Information Municipal Engineer (Name): Engineer's Email Address: Engineering Firm: Firm Mailing Address: MS-4/167 Information Nho should the MS-4 Report be mailed to (Name): Mailing Address: Engineering Firm: Email Address: ?hone Number: MS-4 Permit Period (Beginning Date/End Date), MS-4 Information Requested by Date: ACT 167 Adopted (Date): ATTACHMENT B COMMON COMPLAINT CONTACTS LIST Complaints that the Lancaster County Conservation District has Authority to Respond to: Soil Erosion from Ag Operations Act 38 Nutrient Management Law Kevin Seibert, Agricultural Compliance Coordinator (Ifunavailable, see "Other Organizations") Richard Snyder, E&S Department Manager clharésnyderglancasterconserationorg (Ifunavailable, see "Other Organizations") Kevin Seibert, Agriculture Compliance Coordinator (Ifunavailable, see "Other Organizations") Kevin Lutz, Agriculture Department Manager (717)874-2527 OR State Conservation Commission Frank Schneider 717-705-3895 (717)874-2524 Soil Erosion from Construction Sites (717)874-2522 Flies Shelly Dehoff Pennsylvania Agriculture Ombudsman Program (717)874-2547 (717)880-0848 helyadehon@gmalcon (717)874-2524 Manure (717)874-2524 Biosolids Kevin Seibert, Agriculture Compliance Coordinator (Ifunavailable, see "Other Organizations") Complaints that Other Organizations have the Authority to Respond to: Storm Water Biosolids Local Borough or Townships PA Dept of Environmental Protection Eric Laur, Soil Scientist (717)507-4773 Invasive Species (plant or insects) 717-772-5209 OR PA: Dept of Agriculture Region VIOffice Some Local Borough or Townships Dead Animal (Mortality) Disposal PA Dept of Agriculture! Region VIOffice Dr. Aliza Simeone (717)443-1199 asimeone@pa.goy Suzette Thompson (717)443-1189 suthompson@pagoy Fax: 717-787-1868 Pesticide Application PA Dept of Agriculture Region VI Office Pesticide Case Enforcement Len Brylewski (717) 772-5206 Ibrylewski@pa.goy Hypersensitivity, Registry Allison Cramer( (717)787-4392 alcramer@pa.gov 17 DISTRICT USE ONLY Datel Received fulfilled: Person Contacted: Datel Notified Municipality that request can/cannot be ATTACHMENTC Lancaster County Conservation District Fee for Services Schedule/Request for Information Municipal MS-4 Report Assistance The Lancaster County Conservation District charges aj feej for services provided to municipalities that will assist them with compiling information, for their MS-4. Annual Report. Thej fee is required because information is being requested that is above and beyond whati is provided by the Distrietfeeofcharge, as outlined in the Memorandum ofUnderstanding) for the current, year. SECTION 1: CONTACT INFORMATION Municipality Person in Charge of Compiling the MS-4 Report Company/Firm Phone Number Email Address Mailing Address Date of Request Date Information is Requested By Municipal Contact Phone Number Email Address Mailing Address SECTION: 2: REQUEST FOR: INFORMATION: Outline, in detail, what additional information your municipality is requesting beyond the MS-4 report already supplied. Your municipality will be invoiced at a rate of $75 per hour for the work requested. Payment will be due to the LCCD within 30 days of delivery of the requested information. Youwill be notified within seven (7) business days whether or not your request can bej fulfilled. Ifso, the LCCD will deliver the requested information within 30 days of the date of request. 18 Attach Additional Pages_forl Description [Date] [Municipality] [Contact Person] [Address] [City, State, Zip Code] RE: Invoice for Services Provide- Information Request for MS-4 Reporting SAMPLE. INVOICE Total Hours/Coples/Other Description of Information Requested Total Due (Hoursx $75.00)/ $0.25 per page TOTAL AMOUNT DUE Payment is due within thirty (30) calendar days ofthis invoice. Checks should be made payable to "LCCD"and mailed, along with a copy of the invoice to: Lancaster County Conservation District E&S. Department 1383. Arcadia Road. Room 200 Lancaster, PA17601 January 2022 19 IRC pennsylvania DEPARTMENTO OF CONSERVATION ANDNATURAL RESOURCES Commonwealth of Pennsylvania www.dcnr. state. pa.usigrants RESOLUTION PAGE 2022-10 DCNR-C2P2 MOUNT JOY BOROUGH Project Title: Little Chiques Park "Little Chiques Park" ("Project Title"); and a grant for the purpose of carrying out this project: and Applicant Information ( indicates required information) Applicant/Grantee Legal Name: BOROUGH OF MOUNT. JOY DBA Web. Application ID: 2004607 WHEREAS, BOROUGH OF MOUNT JOY DBA MOUNT JOY BOROUGH ("Applicant") desires to undertake the project, WHEREAS, the applicant desires to receive from the Department of Conservation and Natural Resources "Department") WHEREAS, the application package includes a document entitled' "Terms and Conditions of Grant" and WHEREAS, the applicant understands that the contents oft the document entitled Terms and Conditions of Grant." including appendices referred tot therein, will become the terms and conditions ofa Grant Agreement between the applicant and the Department if1 the applicant is awarded a grant; and NOW THEREFORE, it is resolved that: 1. The grant application may be electronically signed on behalf of the applicant by "William A. Hall" who, at the time of signing, has a TITLE of "Council President" and the email address of' onai@mounyypaory: 2. Ift this Official signed the Grant Application Electronic Authorization prior to the passage of this Resolution, this 3. Ift the applicant is awarded a grant, the Grant Application Electronic Authorization, signed by the above Official, willl become the applicantgrantee's executed signature page for the Grant Agreement. and the applicantgrantee 4. Any amendment to the Grant Agreement may be signed on behalf of the grantee by the Official who, at the time ofs signing of the amendment, has the TITLE" specified inj paragraph 1 and the grantee willl be bound by the grant of authority applies retroactively tot the date of signing. will be bound by the Grant Agreement. amendment. Ihereby certify that this Resolution was adopted by the (identify the governing body of the: applicant, e.g. city council, borough council. board ofs supervisors. board ofc directors) oft this applicant, this day of (signature oft the governing body) 13a MOUNT JOY BOROUGH ANIMAL CONTROL ORDINANCE ARTICLEI KEEPING OF ANIMALS (Adopted 6-8-1970 by Ord. No. 326 (Ch. 2, Part 1, of the 1992 Code of Ordinances) $92-1. Definitions Int this article, the following terms shall have the meanings indicated: OWNERIPERSON- Includes every, person, proprietor, corporation, partnership or association that actually owns an animal or who has an animal in his or its care or permits an animal to remain on or about any premises occupied by him orit. The parent or guardian of any minor claiming ownership ofa any animal shall also be deemed the owner of such animal. ANIMALS - Includes all mammals, birds, fowl and reptiles normally or ordinarily domesticated (including household, pets such as dogs and cats) or raised ini this area or climate as ivestock or ATLARGE - Being upon any public highway, street, park or any other public land, or upon property of another person other than the owner, and not being accompanied. by and under the forv work or for breeding purposes. Such term shall not include fish. control of the owner or any other person having custody of such animal. DANGEROUS DOG - Any or all oft the following: A. Any dog which bites, inflicts injury, assaults (which assaults shall include dogs at large approaching any person upon the streets, sidewalks or other public grounds or places in at threatening or terrorizing manner without provocation), or otherwise attacks a human B. Any dog which is deemed a dangerous dog under and pursuant to the Pennsylvania Dog WILD/EXOTIC ANIMAL - A wild, dangerous or undomesticated animal or venomous reptile which is not ofa species customarily used as an ordinary house pet or livestock and which would ordinarily be confined to a ZOO or which would ordinarily be found in the wilderness of this or any other country or which otherwise causes. a reasonable person to be fearful of bodily harm or property damage, irrespective of its actual or asserted state of tameness or domestication. This definition includes animals bred or raised in captivity and hybrids of wild/exotic animals, but being with provocation; Law. not fish or birds. $92-2. KEEPING OF PIGS; MAINTENANCE OF PIG PENS person maintain any pig pen or hog pen anywhere in the Borough. No person shall keep any pig or hog at any place within the Borough of Mount Joy, nor shall any $92-3. KEEPING OF FOWL. AND RABBITS (Amended 9-14-1992 by Ord. No. 497) Its shall be unlawful to keep fowl and rabbits in the Borough unless the following conditions are strictly adhered to: A. There shall be no violation of any provision of Chapter 270, Zoning. B. Alla applicable provisions of Chapter 195, Property Maintenance, shall be strictly adhered C. Such fowl and rabbits shall at all times be confined to pens which shall be constructed out-of-doors and shall be at least 301 feet from any street and at least 301 feet from any inhabited dwelling. All such pens shall be constructed sO that the floors shall be no less than two feet from the ground. All filth accumulating in, about and under the same shall be removed at least once a week andi more often if so, ordered by the Borough Health to. Officer. $92-4. KEEPING OF HORSES AND CATTLE (Amended 11-12-1979 by Ord. No. 405; 9-14- Its shall be unlawful to keep any horses, sheep, goats or cattle in the Borough unless the A. There shall be no violation of any provision of Chapter 270, Zoning. 1992 by Ord. No. 497) following conditions are strictly adhered to: B. All applicable provisions of Chapter 195, Property Maintenance, shall be strictly adhered C. Ab barn, stable or similar roofed building shall be provided on the premises for such animals, and such building shall be located at least 100 feet from any street or alley and at least 100 feet from any inhabited dwelling. Such building shall be kept clean, with all filth accumulating therein to be removed at least once a week and more often if sO D. Such animals shall not be permitted to run at large outside the confines of the premises to. ordered by the Borough Health Officer. oft the owner thereof. $92-5. KEEPING OF FREE ROAMING/FERAL CATS No person shall keep or feed free roaming/feral cats within the Borough of Mount Joy, without having the cat(s) spayedneutered/ear tipped and vaccinated for rabies. $92-6. RABIES VACCINATIONS REQUIRED All dogs and cats must have an ID collar or tag that has the owner's name, phone number and address. All dogs and cats, to include both indoor and outdoor dogs and cats in Mount Joy Borough, shall be vaccinated against rabies by a licensed veterinarian in accordance with the requirements set forth in the PA state rabies law. Any female cat 'in heat' must be kept inside. $92-7. VIOLATIONS AND PENALTIES (Amended 9-14-1992 by Ord. No. 497) Any person who shall violate any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject toi imprisonment for ai term not to exceed 30 days. Each day that a violation oft this article continues shall constitute a separate offense. $92-8. THROUGH $ 92-15. (RESERVED) 136 Truck Turning Study for the Intersection of Marietta Avenue at Pinkerton Road POLICE MOUNT Joy BOROUGH April 2022 Mount Joy Borough Police Department Truck Turning Study for the Intersection of Marietta Ave at Pinkerton April 2022 POLICE MOUNT JOy BOROUGH Prepared by: Sergeant Scott Drexel Mount Joy Borough Police Department 21 East Main Street, Mount Joy, PA17552 Ofice:717-653-1650 IF Fax: 717-653-0062 Approved by: Chief Robert Goshen Introduction This study has been prepared for the Council of Mount Joy Borough to analyze the movement of heavy trucks at thei intersection of Marietta Avenue and Pinkerton Road. Commercial motor vehicles have been observed utilizing opposingl lanes oftravel, curbing and sidewalks to complete their turning At the request of the Chief of Police, Robert Goshen, this report examines the safety hazards and damage toi infrastructure caused by these encroachments and provides recommendations to mitigate movements at this intersection. the hazards and damages. Study Area The area of this study consists of Marietta Avenue (State Route 772) and Pinkerton Roadi in Mount. Joy Borough. Thei intersection of these roadways are locatedi in an urban areai frequented by passenger motor vehicles, school buses, commercial heavy trucks, farm equipment, bicyclists, and pedestrians. Pennsylvania State Route 772 (SR772) east-west statel highway, part of which passes through Mount Joy Borough. The segment under examination begins ini the 1st block of East MainStreet (SR: 230) and extends toi the borough limit at East Donegal Township. Pinkerton Road is a north-south local road which begins just North of Marietta Avenue and extends beyond the borough limit at East Donegal Township. Points of interesti near Pinkerton Road which may cause heavyt truck traffic are Guardian Barrier Services (170 New Haven Street), Donegal School District buildings (1055 Koser Road; 1025 Koser Road), and Smucker's Meats (735Pinkerton Road). Pinkerton Road also feeds multiple agricultural parcels in East Donegal Township Existing Conditions Street parkingi is only permitted on the North: side (westbound lane) of Marietta Avenue at this intersection. The parking lane begins 47.51 feet West of thei intersection and 301 feet East oft the intersection. Official signs and yellow curbing is located at this intersection in accordance with the above Due to the width of Pinkerton Road at this location, street parking isi infrequentlyutlzed. Although no official signs are displayed to prohibit parking on Pinkerton Road at this intersection, PA Title 75 (commonly referred to as the PA Vehicle Code): $3353(a)(2)(iv) prohibits parking within 30 feet of astop Pavement markings on Marietta Avenue at this location appear in fairly good condition with the exception of recent street openings which deleted a portion oft the Marietta Avenue crosswalk. Pavement markings on Pinkerton Road are in poor condition. The crosswalk ist faded and has been deleted in multiple locations due to recent street openings and the roadwayi is lacking ay yellow center Marietta Avenue is approximately 31 feet wide with 11.75 ft travel lanes anda 7.51 ft parking lane. Travel lanes on Marietta Avenue are. separated by a solid double-yellow line. It should be noted that the parking lane is approximated due to an absence of white fog line or other delineating markings. Pinkerton Road is approximately 26.51 ft at it's closest to Marietta Avenue, however, it measures, just 22 fty widej just at fewi feet South of thei intersection. There are no turn lanes at this intersection. There isa a 8f ft wide raised concrete sidewalk on the North side of Marietta. Avenue and a7f ftraise concrete. sidewalk on the South side. There are: sloped ramps on eachcorner of the intersection. There is no sidewalk on Pinkerton Road, however: a sidewalk is planned to bei installed: soon on the West side of Pinkerton Road. Two corner's radii were approximated as follows: The curb radius ofthe SE corneri is distances. sign. line. approximately 41 ft, andi the curb radius oft the SW corner is approximately8 ft. There aret fixed objects at multiple places within the sidewalks at this intersection. There isa utilityp pole on the southeast corner near the curb-line. There is also a short retaining wall which borders the sidewalk on Marietta Avenue then extends South at this corner. There are: street signs at both North corners of this intersection. Evidence of Infrastructure Damage and Hazards Prior crash reports and reports of property damage at this location combined with evidence of vehicle encroachment at all four corners oft thisi intersection indicates that heavyt trucks are having difficulty in negotiating the turning movements. Figure 2: Utility pole on SE corner has visible damage consistent with being struck byheavy trucks. Sidewalk and curbing also displaying significant wear due to the weight ofh heavy trucks Figure 3: Curb and: sidewalk on SW corner shows evidence ofbeing traversed by vehicle traffic. Not onlyist this as safety hazardto pedestrians, but photo alsoi indicates that the curbing iss suffering from the weight. RD PINKE RTON HIGHLANDS of DONEGAL KGOLF Figure 4: Street sign on! NE corner: shows damage from being struck by the rear overhang ofl large trucks as they attempt awide left turn onto Pinkerton. Ina addition to the above, there were locations where tire-rubbing was present along the curbing at both the NE and NW corners. Over time, repeated contact byl heavytruckswille cause premature deterioration oft the curbing at these locations. Making the Turn When av vehicle makes at turn, the rear wheels will track ont thei inside at at tighterradius than thet front wheels. This is known as off-tracking. For passenger vehicle and light trucks, off-tracking rarely poses a problem, however, heavy trucks and buses are inherently larger, bothin width and wheel base, and therefore require additional space to successfully negotiate at turning movement. Articulated vehicles such as a truck tractor and: semi-trailer (commonly tractor-trailer) alsor require additional space duet to the sweeping movement of the trailer. The difference between the tracking oft the front steering wheels Luckily, the American Association of State Highway and Transportation Officials (AASHTO) provides us with some exemplary design vehicles where the minimum turning radius is already calculated and published. The AASHTOrecommends the use of the following design vehicleswhere: a local road andi the rear-most wheels is the off-tracking distance (dor). intersects as state highway: from Local road onto design vehicle State highway WB-67 (Tractor Trailer) S-Bus-36 (Conventional School Bus) The minimum center turning radius for WB-67is 41ft and for S-Bus-36is 35 ft. For comparison, the minimum center turning radius is 21 ft. The placement oft the center turning radius can best be shown in the figure below: Recieving lane lane width lane width Centert turning radius Figure 5: lowa Dept of Transportation depiction ofo center turning radius overlay. If we overlay the center turning radius of the S-bus-36 onto our intersection where the school bus would bet turning from northbound Pinkerton Road to eastbound Marietta Avenue, then the approximate distance oft the center oft thei front axle to the curb-line ati the corneri isr nearly 0 ft (see fig 6 below). Using thei following SAE equation where the wheelbase (wb)i is 21.2f ft, thei trackwidth (tw) is8f ft, and the turning radius of the outside front wheel (tro) is 391 ft, we can find the additional space needed for the rear wheels (dor): dor = wb2+( (VEo - wb2-) VE-wb2. dor = 21.22+ (V392-21.2-) -V392-21.27+ dor=6.9ft Considering what we know about the larger dimensions andi increased distance of off-tracking when analyzing tractor trailers, further calculations are not neçessary to determinet the obvious; thet tractor trailer will not be able to negotiate this turn without encroaching on the opposing! lanes oft travel and sidewalk. However, further calculations could be completed using thef following equation whichy will Where wbr is the wheelbase of thet truck tractor, wbsri is the wheelbase of the semi- trailer measured form the kingpin to ther rear-most axle, and ko isthe kingpin offset, we can also calculate the off-tracking distance of any articulated vehicle where the radius calculate the off-tracking distance of an articulated vehicle: path oft the front axel (r) is known: dor =T - 7 - wb?T +ko2-wb3r 5R72) Avenue Marietta Figure 6legend Passenger Vehicle (P) School Bus (S-Bus-36) Truck Tractor Pinkerton Rd Figure 6: Overlay oft turning radiic at thes study intersection. Shown toscale inAttachmentA Practical Observations Based on observations from local residents and workers who are familiarwith this intersection, itis apparent that heavy trucks, specifically rucktractor/sem-traler combinations, findi it difficult to successfully negotiate turning movements within this intersection. This isf furthers substantiated by evidence of damage as explained above as well as reports taken by policeofproperty damage. Recommendations Based on the volume of heavy truck traffic on Marietta. Avenue and the existing (andplanned) infrastructure, iti is obvious that heavyt truck traffic will continue to damage the existing intersection: as well as pose a significant hazard to pedestrians and other users oft the! highway transportation system. Consider restricting the length of vehicles traveling on Pinkerton Road. Considering that heavy truck traffic could utilize Marietta Avenue and New Haven Street as an: alternate routet to businesses on Therefore, the following change is recommended: Pinkerton Road, this is a viable option. OVER 40' LONG OVER 40' LONG The above signs would restrict the length ofv vehicular traffic that would attempt to negotiate the turning movements at the studyi intersection. The: sign on the left which restricts turning would be placed along Marietta Avenue for both directions. The sign on the right which prohibitstruck traffic on a road would be placed on Pinkerton. Avenue prior to the approach of the study intersection. Ideally, this would be placed on Pinkerton Road at thei intersection of Koser Road, however, thiswouldrequire multjurisdictional. cooperation. Additional signs prohibiting truck traffic would need to be posted at others streets whichi feed the surrounding neighborhoods to prevent restricted vehicles from utilizing residential side-roads which are not typically designed to accommodate heavy truckt traffic. Note the suggested locations for signage in ther map below: 0 EHenya Mount Except Guardian fatalsAker Surat EOumeg Souhas REMERERECAN GaO AAO Feg /B- Richtngin PsNO B 9GMaFiaN pas Ideal location @ Koser Rd B @ tacmtn In additional to the installation of signage, notification would need to be made to appropriate mapping companies. This notification would facilitate the update of heavy and commercial truck-specific GPS systems. Thei following options were considered, however, are likely impractical: 1. Reconstruct the southeast ands southwest corners of this intersection to provide additional turning space for heavy trucks. The current location of residential buildings and sidewalks along with the proposed sidewalki installation willl likely render this solutioninfeasible. 2. Installation of a stop bar on Pinkerton Road.. A: stop bar designed to increase turning space on Pinkerton Road cannot be realistically installed fort thef following reason: Current residential structures severely limit sight distance available even at the current location of the stop sign. In addition, a stop bar would not prevent heavy trucks from encroaching into opposing lane on the 3. Increased "No Parking" areas on Marietta Avenue may assist heavy truckt traffic with negotiating the turns, however this would only allow more: space and timet that al heavyt truck would be occupying the opposing lanei to complete the turn. Its should be noted however, that this option may facilitate maneuvering by single unit vehicles such as school busses. 4. Prohibit all parking on Marietta Avenue in order to change lane sizes on Marietta Avenue. This option would provide additional space for heavy vehicles, however it would likelys still not state highway. provide a solution to large articulated vehicles (tractor trailers). This option would also decrease parking for area residents in an area where there is already limited availability. 5. Consider limiting traffic on Pinkerton Roadi to one direction only. Using the calculations above, this option would allow the space needed for al large single-unit vehicle (ie: school bus, box truck, etc) to complete the required turning movements, however, considering that tractor trailers currently utilize alla available lanes (including the parking lane): and still cause damage to the intersection, this would notl be a viable option for those vehicles. References Daily, J., Shigemura, N., & Daily, J. (2016). Appendix A: off-tracking in low speed turns. In Fundamentals of traffic crash reconstruction (7th ed., Vol. 2, pp. 726-731). Institute of police technology and management. Intersection design vehicle (Design Manual Chapter 6; Report No. 6A-2). (2014, January 15). Iowa Department of Transportation. ttps://wa.1owador.gw/dEsg/Cmanual/06a-02-par Russell, C. G. (2018). SAE equation for single unit/mon-articulated vehicles. In Equations & formulas for the traffic accident investigator & reconstructiontst (24.6 ed., p. 192). Unpublished. Vehicles, 75 Pa. Cons. Stat., 5 3353(a)(2)(iv) (Thomson Reuters 2022). /3c ARTICLEII NOISE. AND OTHER NUISANCES (Adopted 11-10-1980 by Ord. No. 416 (Ch. 2, Part 2, of the 1992 Code of Ordinances) $92-16. NOISE NUISANCES PROHIBITED; EXCEPTIONS [Amended 5-7-2001 by Ord. No. A. Legislative intent. Uncontrolled or excessive noise from animals is detrimental tot the physical, mental and social well-being of the residents of Mount Joy Borough. Uncontrolled and particularly incessant barking of dogs or the making of noises from other animals can resulti in stress to people who are within audible range oft the noise. Such stress can and does adversely affect the health of suchi individuals and interferes with the peaceable enjoyment of the property on which they reside. The purpose of this section is to promote the public health, safety and welfare by making it unlawful to permit an animal to create such an offensive situation by barking or otherwise creating B. Animal noise nuisances prohibited. It shall be unlawful within the Borough for any person too own, possess, control or harbor any animal which makes noise continuously or repeatedly for a period of at least 15 minutes or makes noise intermittently for 1/2 hour or more toi the disturbance of any person any time of the day or night, regardless of whether the animal is physically situated in or upon private property. Such noise shall be considered a nuisance and shall be unlawful. Notwithstanding: the foregoing, animal noise shall not be considered a violation of this section if one oft the exceptions set forth C. Exceptions. The following shall not be considered unlawful under this section: (1)Noise made by farm animals located on farms which constitutes agricultural operations protected from nuisance suits by Right to Farm Law1 or any similar legislation nowi in force or hereinafter enacted to protect farm operations from legal actions which have the effect of restricting lawful agricultural operations. (2) Barking or other noise made by dogs or other animals in response to a person who is trespassing upon private property in or upon which the animal is lawfully situated or if the noise is made in response to an unlawful physical assault upon the dog or other animal or upon a person lawfully on the property on which the dog or other animal is situated. By way of illustration, but not limitation, this exception does not apply to noises made in response to a person walking, running or being present on a sidewalk intended for the public or within the public right-of-way of any road, regardless of whether the animal may perceive the presence of such person as being 564] detrimental noise. in Subsection Capply. intrusive or alarming. 1. Editor's Note: See 3P.S.S951 ets seq. (3) Barking or other noises made by dogs or animals located in a kennel, veterinarian's office or other similar lawful place of business, provided that the operator oft the facility has adopted and implemented reasonable policies to avoid adverse impacts to the occupants ofr neighboring properties, such as, by way of illustration but not limitation, installing or constructing buffers between the location of animals and affected neighboring properties, the placement of loud animals indoors or the refusal to accept, on other than an emergency basis, animals which have previously created noise problems for the operator. $92-17. Defiling or defecating on property prohibited; removal of feces. Its shall be unlawful for the owner, handler, custodian or keeper of any dog to allow such dog under their control to defile or defecate on any sidewalk, walkway or the property of another. It shall be the duty oft the person in control of a dog which defecates on any sidewalk, walkway or property of another to promptly clean up and remove all feces discharged and to dispose of $92-18. Animals running at large; leash requirements; seizure and boarding fees. (Added The following fees shall be imposed upon the owners or caretakers of dogs running at large A. Its shall be unlawful for the owner or person having custody of any animal or the parent or guardian of any minor owning or having custody of any animal to allow the animal to go beyond the boundaries of their premises ort to run at large over the streets or public ground or upon the property of anyone other than the owner or person having custody of such animal. It shall also be unlawful for the owner or person having custody of such animal to permit such animal to pose a danger to pedestrians using adjacent sidewalks B. Its shall be the duty oft the owner, custodian or keeper of any dog traveling on the streets C. Boarding fee for dogs held more than two hours at al Borough facility: $15. such feces in al lawful and sanitary manner. 2-4-2008 by Res. No.4-08) within the Borough. and streets. or public grounds to have the animal on a leash at all times. D. Seizure fee: $15. E. When a dog owner claims a dog held at a Borough facility, the dog owner shall pay all charges due and owing to the Borough int full prior tot the release of the dog to the owner. F. When a dog has been transferred to the Humane League or other kennel operator designated by the Borough, the dog owner shall be billed $50 by the Borough, in addition to all other charges due and owing for the seizure oft the dog andi for the time the dog has been boarded at al Borough facility. Charges shall be due and payable within 10 days of receipt of an invoice from the Borough.2 2. Editor's Note: Amended: att time ofa adoption of Code (see Ch. 1, General Provisions, Art.1.). $9-19. Enforcement the Borough Council. The Mount Joy Borough Police Department shall be charged with the responsibility to enforce the provisions under this article and shall perform all other duties which may be prescribed by $9-20. Violations and Penalties. (Amended 9-14-1992 by Ord. No. 497) Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject toi imprisonment for a term not to exceed 30 days. Each day that a violation oft this article continues shall constitute a separate offense. $92-21. Additional Remedies In addition to any other remedies provided in this article, any violations of the provisions oft this article shall constitute a nuisance and may be abated by the Borough of Mount Joy by seeking equitable relief from a court of competent jurisdiction. $92-22 through S 92.31. (Reserved) 13a Mount Joy Borough & Mount Joy Borough Police Officers Association Contract January 1, 2022 Through December 31, 2025 Table of Contents Page 1 1 5 5 5 6 9 14 15 16 17 18 18 19 20 22 23 23 25 26 27 27,28 ARTICLE 1. RECOGNITION ARTICLE3. LONGEVITY ARTICLE 4. UNIFORMS ARTICLE! 5. TRAINING ARTICLE7. RETIREMENT ARTICLE 8. VACATION ARTICLE 9. HOLIDAYS & PERSONAL DAYS ARTICLE 10. SICK LEAVE ARTICLE 11. BEREAVEMENT LEAVE ARTICLE 12. LIABILITY INSURANCE ARTICLE 13. COURT APPEARANCES ARTICLE 15. SECONDARY EMPLOYMENT ARTICLE 16. TERMINATION OF EMPLOYMENT ARTICLE 17. JUST CAUSE ARTICLE 18. GRIEVANCE PROCEDURE ARTICLE 19. DRUG TESTING ARTICLE 20. SEPARABILITY ARTICLE 21. TERM OF AGREEMENT ARTICLE2. WORKWEEK AND OVERTIME ARTICLE6. HOSPITALIZATION, LIFE AND DISABILTIY INSURANCE ARTICLE 14. WAGES SIGNATURE PAGES ARTICLE 1: RECOGNITION A. Mount Joy Borough (Borough) recognizes the Mount Joy Borough Police Association (Association) as the exclusive collective bargaining representative for police employees within the bargaining unit in accordance with Act 111 and as certified by the Pennsylvania Labor Relations Board in Case No. PF-R-82-18-E. The term "employee', when used in this agreement applies to all full-time and regular part-time police employees within the bargaining unit but excludes the Chief of Police. B. No agreement which alters any oft the terms and conditions made herein shall be made with any employee or group of employees by the Borough or any of its agents as representatives, unless it has been made and agreed to in writing by the Borough and the Association. ARTICLE: 2: WORKWEEK AND OVERTIME A. The regular work-period for each full-time employee shall be eighty (80) hours per two (2) week payroll period. Itis is understood and agreed that this paragraph shall not be construed as to guarantee a minimum of eighty (80) hours per two (2) week payroll period for any employee. B. For all work scheduled and performed in excess of the hours established for any daily work shift, in excess of eighty (80) hours in any two (2) week payroll period or for any other work shift other than those regularly scheduled by the Borough, except for changes in the regular schedule not made by the Borough, full-time employees shall receive compensation at the rate of one and one half (1 %a) times per their hourly rate of pay. Overtime offered to full- time employees will be done on a rotation basis from the list of employees first established on a seniority basis. Only in cases of investigative assignments involving overtime, the Chief of Police retains the right to assign any officer, regardless of seniority or position on the rotating list, at his discretion. Sergeants shall not be assigned to the same platoon with the exception of overtime or special events. 1 C.F Full-time employees may, in lieu of overtime compensation earned in accordance with Paragraph B of this Article, take compensatory time at a rate of one and one half (1 Ya) times the amount of time worked as overtime. Compensatory time off may be accumulated by an employee entitled to such time to a maximum of one hundred twenty (120) hours at any one time. Any compensatory time off not used by an employee by the end of the calendar year shall be carried over. In the event an officer accumulates compensatory time in excess of the limits established, by the Fair Labor Standards Act (FLSA), the Borough will pay the officer compensatory time at the appropriate rate of one and one half (11 %a) times per their hourly rate of pay. Compensatory time may be taken anytime as long as it does not create a shortage in coverage or create overtime. Compensatory time off shall be offered to part-time employees based on seniority or then will be covered by full-time employees, who are not permanently assigned to the schedule rotation, as part of their regular workweek. In the event this compensatory time is still not covered, this time shall then be offered to full-time employees based on seniority. Any full-time employee who works the compensatory time off for another employee shall be paid at the rate of one (1) time his pro-rated salary for each hour worked or may take compensatory time at one (1) times the hours worked. Compensatory time off may only be taken with the approval of the Chief of Police or his designee. Parties agree that the Borough will reimburse the employee for any unused compensatory time D. Overtime pay shall be included with the regular paycheck for that payroll E. Scheduling: The Borough agrees that the work schedule shift format and rotation in place cannot be amended, changed or altered without the consent and agreement of both the Borough and the Association. Each year, on or before November 1st, the Chief of Police will offer each employee by seniority to pick his/her shift assignment for the next calendar year. When no vacancies exist in the schedule, the officers in the new position will work 1600 hours to 0400 hours. The Borough may reschedule the 1600 hours to 0400 hours work schedule, shift format and rotation with thirty (30) days written notice to the Association. When a regular platoon officer takes leave (vacation, training military, etc.); then the officer in the new position would fill that officer's shift, within the same scheduled day. Ifar regularly assigned platoon officer has an extended absence from work, then one of the additional officers would move to that officer's rotation until he/she returns. Regular upon retirement or separation. period in which the overtime is worked. platoon shift should be defined as follows: 2 1st Platoon Shift A: (0600 to 1800) SUN MON 0600-1800 0600-1800 TUES WED THURS FRI SAT WEEK 1 WEEK2 0600-1800 0600-1800 0600-1800 1600-0200 1600-0200 Shift B: (0600 to 1800) SUN MON 0600-1800 0600-1800 TUES WED THURS FRI SAT WEEK1 WEEK2 0600-1800 0600-1800 0600-1800 2000-0600 2000-0600 Shift C: (1600 to 0400) SUN MON 1800-0400 1800-0400 TUES WED THURS FRI SAT WEEK 1 WEEK 2 1600-0400 1600-0400 1600-0400 1800-0600 1800-0600 Shift D: (1800 to 0600) SUN MON 1800-0600 1800-0600 TUES WED THURS FRI SAT WEEK 1 WEEK2 1800-0600 1800-0600 1800-0600 0600-1600 0600-1600 Shift E: (1800 to 0600) SUN MON 1800-0600 1800-0600 TUES WED THURS FRI SAT WEEK 1 WEEK2 1800-0600 1800-0600 1800-0600 0800-1800 0800-1800 3 2nd Platoon Shift F: (0600 to 1800) MON SUN TUES WED 1600-0200 1600-0200 THURS FRI SAT WEEK 1 0600-1800 WEEK2 0600-1800 0600-1800 Shift G: (0600 to 1800) MON 0600-1800 0600-1800 SUN TUES WED 2000-0600 2000-0600 THURS FRI SAT WEEK 1 0600-1800 WEEK2 0600-1800 0600-1800 Shift H: (1600 to 0400) MON 0600-1800 0600-1800 SUN TUES WED 1800-0600 1800-0600 THURS FRI SAT WEEK 1 1600-0400 WEEK2 1800-0400 1800-0400 Shift :: (1800 to 0600) MON 1600-0400 1600-0400 SUN TUES WED 0600-1600 0600-1600 THURS FRI SAT WEEK1 1800-0600 WEEK2 1800-0600 1800-0600 1800-0600 1800-0600 Shift J: (1800 to 0600) MON SUN TUES WED 0800-1800 0800-1800 THURS FRI SAT WEEK1 1 1800-0600 WEEK2 1800-0600 1800-0600 1800-0600 1800-0600 F. Officers shall be compensated a minimum of two (2) hours from start ofwork when called in or reporting for duty. Time will start ati time of call out. Consultations with on-duty supervisor will be excluded if they are only by telephone. Call for assistance with language translation shall be included and also compensated as a minimum of two (2) hours overtime. 4 ARTICLE 3: LONGEVITY Ina addition to basic wages specified herein, each full-time employee shall be entitled to compensation based upon their length of police service to the Borough in accordance with the following provision: Upon completion of five (5) years of full-time police service tot the Borough, a lump sum of $500.00 is payable at the first payroll in July for each employee that a payment is due. For each additional year of full-time service to the Borough, an additional sum of $100.00 per year shall be added to said longevity payment until a maximum amount to be paid annually of $2,500.00 is reached. ARTICLE 4: UNIFORMS A. The Borough shall provide each employee with a set of uniforms and related items in accordance with a standard issue of uniform items to be determined by the Borough. Such items are to be used only in connection with police service to the Borough. The Borough may, at its sole discretion, repair or replace, upon request by an employee, any uniform item no longer fit for service. Such item, if deemed to be unsuitable for service, shall be returned tot the Borough and the Borough shall authorize the purchase ofa replacement item in kind. B. The Borough shall pay for the cleaning of all uniform items in accordance with C.A All uniforms and related items issued by the Borough are of the property of the Borough and shall be returned to the Borough upon termination of rules and regulations to be determined by the Borough. employment. D. Any employee assigned to perform duties in civilian clothes for thirty (30) days or more in any fiscal quarter shall receive a supplemental payment of $175.00 for each quarter involved to a maximum of $700.00 for each contract year as a clothing/uniform allowance. ARTICLE 5: TRAINING A. Employees may request leave with pay for attendance at schools and other training sessions that will enhance the proficiency of the employee in his service to the Borough. Each request for leave shall be submitted in writing to the Chief of Police and shall be judged on its own merits. Each request shall require the express approval of the Chief of Police who may, upon request, reimburse an employee for expenses incurred at such training. Expenses may include, but need not be limited to, lodging, meals, transportation, tuition, training fees and the cost of books and supplies. 5 B. Any employee hired after the commencement of this agreement, who subsequently attends the municipal police training course as mandated by Act 120 of 1974, shall be obligated to perform thet following minimum number of hours of service for the Borough after the completion of such training: Full- time employees - 2,000 hours; Part-time employees - 500 hours. Any employee who shall fail to perform the minimum hours of service, shall be required to reimburse the Borough for actual expenses incurred by the Borough in said employee's Act 120 training. Reimbursement shall not C. To the provisions hereinbefore set forth, the Borough agrees that the Association shall not be liable for money damages to the Borough should reimbursement plan detailed in this Article be declared illegal or null and void. D. Full-time employees of the Borough may request application and approval for fifty percent (50%) tuition reimbursement or one hundred percent (100%) for up to one course per semester or term, provided the course work is part ofa degree of diploma program related to work performed with the Borough. Employees must receive a "C" grade to receive reimbursement for fit percent (50%), or employees must receive a "B" grade to receive reimbursement for one hundred percent (100%). A maximum of six (6) credits or two (2) courses per year is permitted. Termination of employment for any reason within two (2)years will require the officer to reimburse the Borough for all tuition reimbursements within the previous two (2) years of termination of employment. Requests shall be directed to the Chief of Police for initial include vacation or any other paid leave. review and approval or rejection. ARTICLE 6: HOSPITALIZATION, LIFE AND DISABILITY INSURANCE A. Each full-time unform Police employee and his or her dependents shall be entitled to hospitalization insurance including major medical coverage as defined by the 2018 Capital Blue Cross insurance policy whose terms are incorporated by reference. New employees shall be eligible for health care coverage at the start oft their first scheduled shift. Premiums for said hospitalization insurance will be paid by the Borough, with employee contributions in accordance with the following schedule. Single Coverage $68.00 $68.00 $68.00 $68.00 Family Coverage $80.00 $80.00 $80.00 $80.00 2022 2023 2024 2025 6 Contribution amounts will be a payroll deduction on a bi-weekly (two week) pay period. The uniform Police employees will contribute the above listed amounts over the four-year term of this contract and the above contributions If, however, a uniformed employee feels the need to "opt out", they may, Employees shall be solely responsible for the total amount of the annual $250.00 deductible for singles and $500.00 deductible for families. Employee payment of fixed dollar co-payments, premium share, drug plan co-payments or co-insurance amounts shall not be included in the employee's satisfaction of the annual deductible amount. Employees selecting services from out-of- network providers (as determined by the healthcare plan documents) shall pay the applicable deductible and co-insurance percentage of the provider's B. Each full-time police employee and his or her dependents shall be entitled to dental and vision coverage as defined by the dental and vision insurance plans in force on January 1, 2018. The Borough shall pay premiums for said C.E Each full-time police employee shall be entitled to life insurance coverage in the amount of $45,000.00 for which the Borough shall pay all premiums and related administrative expenses. The policy shall provide accidental death D. Disability income insurance coverage for each full-time police employee shall be provided and shall equal fifty percent (50%) of base pay for loss due to non-occupational accident or sickness. Said insurance shall have a benefit until the employee reaches age sixty-five (65) and shall have an elimination period of seven (7) days for illness and zero (0) days for an accident. Unused sick leave, accrued vacation, holidays or personal days may be used to cover E.E Each full-time police employee shall have an annual allowance of $750.00 for reimbursement for expenses incurred for vision care, orthodontic care or other dental procedure not covered under the dental insurance plan for the employee or his or her dependents. Employee shall submit proof of expenses incurred to the Borough for reimbursement. will not increase or decrease. providing the policy in effect allows it. charge as set forth in the health care plan document. dental and vision insurance. and dismemberment benefits. any elimination period. 7 F. Each single full-time police employee shall have an annual HRA allowance of $1,250.00 and employees with family coverage $2,500.00 for reimbursement for expenses incurred for prescriptions and office visit co-pays. There shall be no split in the HRA which shall be 100% responsible for qualifying expenses up to the $1,250.00 (single) or $2,500.00 (family) limit per officer. Employee shall submit proof of expenses incurred to the Borough for reimbursement. Capital Region Benefits (CRB) will be the third-party administrator for the officers' HRA's. Requests for HRA reimbursement shall only be made when they aggregate $25.00, but all reimbursements shall be made by December 31 of each year, even if the balance due is less than $25.00. Requests for reimbursement for expenses incurred in a calendar year shall be made as soon as possible after the end of that calendar year. G.T The Borough shall have the right to change medical coverage upon giving reasonable notice to the Association and in working with at least two members oft the Association changing health benefits to a new health plan that is as close as possible, provides benefits on the same level as the current plan while avoiding imposing additional costs on employees. The goal of any plan change would be to change to new more economical plan for the Borough that is in the Borough's view substantially similar to the existing plan and ini the Association's, viewi is equal to or better. Ifthe parties are unable to agree upon whether the Borough's proposed plan change is substantially similar" or "equal to or better", the Borough may implement the plan change ifi it self-insures and compensates officers for any increased CO- pays or deductibles resulting from the plan change. Should the Association challenge the plan change, it may file a grievance consistent with the Article 18, in which event it shall be the Borough's burden of proof to establish that the plan is equal to or better than the existing plan. 8 ARTICLE 7: RETIREMENT A. Whereas, the Borough of Mount Joy established by Ordinance enacted February 1, 1965, as amended from time to time, a Police Pension Fund; and Whereas, the Police Pension Laws of the Commonwealth of Pennsylvania provide that the Borough may, by resolution, adopt regulations concerning the administration of, and the calculation of amount to be paid from, the Fund; and Whereas the laws concerning the Police Pension Fund have been amended form time to time by the Legislature of the Commonwealth of Pennsylvania as reference to the said Act at 53 P.S. 761 et seq., Article VII, Police Pension Fund, will more fully reveal; and Whereas, the Borough of Mount Joy desires to amend provisions of its "Police Pension Plan Ordinance" ina accordance with the provisions of the state Police Pension Fund Laws; Now therefore be it resolved by the Borough Council of the Borough of Mount Joy, Lancaster County, Pennsylvania as follows: 1. That the annual pension or retirement benefits payable from the Plan to any member or other person sO entitled shall be calculated in accordance with 53F P.S. 771 in an amount equal to one-half of the average of the gross wages as reported on the W-21 for the last thirty-six (36) months of employment. W-2 for the last thirty-six (36) months shall include any lump sum payments of unused sick, vacation, or other accrued benefits limited to those benefits that were accrued during the thirty-six-month measuring period for Final Average Salary. Additionally, a service increment shall be provided to all Police Officers who retire under the terms of the Ordinance, which increment shall equal one hundred dollars ($100.00) per month for each year of completed service beyond twenty-five (25) years; provided, however, that said service increment shall not exceed a total of one hundred dollars ($100.00) per month. This benefit is provided in addition to the above noted monthly pension benefit. 9 2. Acost-of-living increment shall be provided to retired officers and the increment shall be set at three percent (3%) provided that such increment shall not exceed the percentage increased in the Consumer Price Index (U.S. city average for all urban consumers, all items) from the year in which the police officer receiving the increment last worked. Provided that: (a) In no case may the total police pension benefits exceed seventy- five percent (75%) of the retired officer's salary for computing retirement benefits; (b) The retired officer's total cost of living increase shall not exceed thirty percent (30%); and (c) No cost of living increase shall be granted which could impair the actuarial soundness of the Police Pension Fund. 3. That "the vesting of benefits" shall occur upon satisfactory completion of twelve (12) years of service with the Police Department of the Borough of Mount Joy, and all of the provisions of 53 P.S. 771 concerning vesting of benefits are incorporated herein by reference as if set forth in full. 4. That in the event of a death of an active member of the police force who would have been entitled to a pension had he retired at the time of his death, ori in the event of the death of a retired member of the police force who is receiving ori is entitled to receive a pension, a pension equal to fifty percent (50%) of the pension received or to be received by the deceased member shall be paid to the following persons: (a) To the surviving spouse of the deceased member until his or her death; or (b) Ifr no spouse survives the deceased member, or if the surviving spouse subsequently dies barriers in equal shares to such children of the deceased member who are under age 18 or, if attending college, under age 23, with each child's share of the deceased member's pension terminating when that child attains age 18. (See 53P.S.787) or, if attending college, under age 23. For purposes of this paragraph, "attending college" means registered at an accredited institution of higher learning and carrying a minimum 5. That based upon an actuarial study performed in accordance with the provision of 53 P.S. 769 by Principal Financial Group, 711 High Street, Des Moines, lowa 50309, and further, pursuant to the provisions of5 53 P.S. 769, a member of the Mount Joy Borough Police Department who has served an aggregate of twenty-five (25) years in the Borough Police Department shall have the right to retire from active duty at the age of fifty (50) years and be eligible at that time to receive the pension benefits from the Plan calculated in accordance with State Law and the provisions of the Mount Joy Borough Police Pension Plan as the same may be established by ordinance and this Resolution and as amended from time to time. course load of seven hours per semester. 10 6. That all other items, provisions and conditions of this Police Pension Ordinance oft the Borough of Mount Joy enacted February 1, 1965, and prior amendments thereto not inconsistent with any provisions oft this 7. That in all other respects, all of the terms, provisions, and conditions of 53 P.S.761, et seq., Article VII, Police Pension Fund, are incorporated herein by reference as a part of the Police Pension Plan of the Borough of Mount Joy, Lancaster County, Pennsylvania with the intent that the same shall be interpreted and applied liberally toi the benefit of the members of the 8. If an officer dies in the line of duty, and such officer is survived by a spouse or by children as set forth in Paragraph A, 4 above, such surviving spouse or children shall be entitled to a survivor's benefit equal to one hundred percent (100%) of the officer's salary as of the date oft the officer's death until such surviving spouse dies or until such child attains the age of 18 or, if attending college, attains the age of2 23. Notwithstanding the foregoing, as long as the Commonwealth of Pennsylvania provides this killed in service benefit under Act 51 of2009 or similar statute, the Borough shall not be required to pay such benefit. Itis the intention of the Borough and the Association that the Borough shall be responsible for providing this benefit only if the Commonwealtn of Resolution shall remain in full force and effect. Mount Joy Borough Police Department. Pennsylvania ceases to do so. B. The contribution rate by full-time police employees to the retirement fund shall be reduced from three percent (3%) of pay up to Social Security base to no contribution beginning January 1, 1985, provided an actuarial study shows that the condition oft the Police Pension Fund is such that payments into the fund by full-time police employees may be eliminated, and that if such payments are eliminated, the Borough will not be required to keep the fund C.N Monthly pension benefits shall have a zero (0) Social Security offset, D. Effective January 1, 1993, the Borough authorizes the purchase of non- intervening miliary service by officers who are members of the Police Pension Plan up to a maximum of five (5) years of non-intervening service. Act205of 1990 contains requirements as to how the purchase price is to be computed, and the Act prohibits the receipt of credit for intervening and non-intervening military service for which a member is entitled to receive benefits under another retirement system funded by a governmental agency. Members who opt to purchase military service in the Pension Plan shall do SO in accordance actuarially sound. beginning January 1, 1993. with Act 205 of 1990. 11 E. The Borough agrees that at any time during thet term of this agreement that if Act 600, 53P.S. 773 or Act 205 of 1990 are amended, then negotiations between the Borough and the Association would reopen on those amendments only. F. Beginning January 1, 1999, each full-time employee hired before January 1, 2018, who becomes eligible to receive pension benefits under the provisions of this Article shall be eligible for continuation of coverage under the Borough's Hospitalization and Major Medical health care benefits in effect at the time of retirement for the retiree and his or her spouse, subject to the following conditions: 1. The retiree or his or her spouse is not employed by an employer rwho available health care benefits to its employees and their dependents and pays the full cost of the premium, regardless of the extent of the 2. The employee must notify the Borough at the time of retirement if he or she wishes to continue on the Borough's health care plan coverage on their self and their spouse. Ifthe employee or their spouse elects not to continue on the plan, or becomes ineligible, said employee and their spouse shall be allowed to rejoin the plan at a future time until the employee and spouse each reach age sixty-five (65). A sixty (60) day advance written notice is required of any employee or their spouse intending to rejoin the plan. The employee may only rejoin the plan under the terms and conditions of the insurance plan in force at the time the employee and their spouse return to the insurance coverage. 3. At the time, the employee and spouse each reach the age of eligibility for Medicare, Medicaid or similar government paid health care benefit, the Borough's coverage shall reduce to a Medicare supplement. 4. This benefit shall apply only to full-time police employees and spouses of said employee who reach retirement or disability retirement, 5. The retired employee shall annually, at the request of the Borough, submit a notarized affidavit attesting that all conditions in this Section have not occurred and that the retired employee and spouse are still eligible for said Hospitalization and Major Medical coverage. 6. The retiree's spouse shall be included in the Borough's Hospitalization and Major Medical Health Care benefits at a monthly premium not to makes coverage of such a plan. exceed one hundred and fifteen dollars ($115.00). 12 7. Any full-time officer hired on or after. January 1, 2014, but before January 1, 2018, shall be eligible for post-retirement health care coverage for a period oft five (5)y years following date of retirement. There shall be no post-retirement health care coverage of any type for employees hired on or after January 1, 2018. G. Early Retirement Benefit: (Effective January 1, 2002) The Borough shall amend its current Police Pension Ordinance to provide for an early retirement benefit after 20 (twenty) years of continuous service, regardless of age, as authorized by Act 24 of 1998, codified as, 53F P.S. Section 771 (), and specifically providing as follows: There is hereby established an early retirement benefit which shall be available to a member of the police force with twenty or more years of continuous service who terminates employment prior to the completion of superannuation retirement age and service requirements and who files a written application for an early retirement benefit with Borough Council. The early retirement benefit shall become effective as oft the date of the application if filed with Borough Council or the date designated on the application, whichever is later, and shall be actuarial equivalent of a partial superannuation retirement benefit calculated as follows: 1. A partial superannuation retirement benefit shall be determined by applying the percentage that the member's years of service bear to the years of service that the member would have rendered had the member continued to be employed until his superannuation retirement date to the gross pension amount calculated using the monthly average salary during the appropriate period prior to this termination of 2. The actuarial equivalent of the partial superannuation retirement benefit shall be determined by actuarially reducing the partial superannuation. retirement benefit to reflect that it will commence on the effective date oft the early retirement rather than on the date on which the member would have completed superannuation age and service requirements. The actuarial reduction shall be calculated using the actuarial assumptions reported in the last actuarial valuation report filed with the Public Employee Retirement Commission under the act of December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal Pension Plan Funding Standard and Recovery Act" or' "Act 205,"53 employment. P.S. Section 895.101 et seq. H. Upon retirement the employee could continue with life insurance policy provided by the Borough into retirement with the retired employee paying the premium. 13 The Union may choose two (2)457 Plan advisors for the 457 Plan sponsored by the Borough which is applicable to the Borough's Police Officers. The Borough shall also retain the right to select an advisor for the Plan. There shall be no more than three (3) financial advisors available to the Union members who participate in the Plan. The members of the Union shall have their choice of which advisor they use. The Parties further agree that this arrangement shall apply only to the 457 Plan sponsored by the Borough which is applicable to the Borough's police officers and not any other Plan sponsored by the Borough either for the police officers or for any other J. Aso of January 1, 2022, officers who meet the superannuation age and service requirements for a regular age and service pension may enter the four (4) year DROP pursuant to the terms of the attached Exhibit "A" DROP plan. employee. ARTICLE 8: VACATION A. Each full-time police employee shall be entitled to an annual vacation leave according to the following schedule: 1. Five (5) days following the completion of one (1)year of continuous 2. Ten (10) days following the completion of two (2) years of continuous 3. Fifteen (15) days following the completion of six (6) years of service. service. continuous service. 4. An additional day of annual vacation leave shall accrue to each full- time police employee upon the completion of eight (8), ten (10), twelve 5. Twenty (20) days following the completion of fifteen (15) years of 6. Twenty-five (25) days following the completion of twenty (20) years of (12) and fourteen (14) years of continuous service. continuous service. continuous service. B. All vacation must be taken within the calendar year and cannot be carried over to the following year, except by express consent of the Borough. C.F For purposes of this Article, one (1) day shall constitute one (1) scheduled work shift. 14 D. The Borough shall be responsible for filling any vacancies created in the work schedule by full-time police employees taking vacation and holiday leave only where a full-time police employee has submitted a written vacation and holiday leave request at least thirty (30) calendar days in advance of the date or dates of proposed vacation and/or holiday leave. In the event a full-time police employee requests vacation and/or holiday leave less than thirty (30) calendar days in advance of the date or dates of said leave, the individual full- time police employee shall be responsible for finding a replacement to fill their vacancy in the work schedule, subject to the approval by the Borough of said replacement, at least forty-eight (48) hours before the beginning of the work shift to be filled. Should the Borough not approve the replacement suggested by the full-time police employee, it shall then be the responsibility of the E. No more than two (2) full-time police employees shall be allowed vacation F. Full-time police employees shall be given notice of vacation leave time available on or before December 1 of the preceding year for the next year's vacation leave time. Said employees shall then submit vacation leave requests by January 31 of that year; leave shall then be approved by seniority. Any remaining vacation leave time shall then be approved throughout the year on a first come first served basis. G. Vacation leave shall be taken in whole shift increments. Borough to fill the vacant work shift. and/or holiday' leave on the same calendar day. ARTICLE 9: HOLIDAYS & PERSONAL DAYS A. Effective January 1, 1996, and continuing thereafter, the following days shall be observed as holidays: New Year's Day, President's Day, Good Friday, Easter, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day and B. Full-time police employees shall be compensated at the rate of one and one half (1%) times their hourly rate of pay for all hours worked on a designated holiday. All full-time police employees shall be compensated at a rate of two (2) times their hourly pay for all hours worked and classified as overtime hours ona C.E Each full-time police employee shall be entitled to a compensatory day off for Christmas Day. designated holiday. each designated holiday. 15 D. Each full-time police employee shall be entitled to three (3) personal leave days per calendar year. Said personal leave days must be taken within the calendar year and cannot be carried over to the following year. One additional personal day shall be added for each employee's birthday. Personal Days may be taken E.F For purposes of this Article, one (1) day shall constitute one (1) scheduled work F.F For purposes of this Article, a designated holiday shall be 0001 hours through G. Holiday and Personal leave days shall be taken in whole shift increments. ino conjunction with vacation leave as specified until Article 8. shift. 2400 hours on the calendar day of said holiday ARTICLE 10: SICKI LEAVE A. Twelve (12) days of sick leave shall be credited to each full-time police employee's account as of. January 1 of each year. Sick leave may be accumulated up to a maximum oft three hundred (300) days. For purposes of this Article, one (1) day shall constitute twelve hours for patrol officers and one (1) day shall constitute ten (10) hours for criminal investigators. Criminal investigators shall earn and use sick leave ini the manner that they are regularly B. Any new full-time police employee hired after January in any given year shall accumulate sick leave at the rate of three-quarters (3/4) of a day per month. At the first of the year following such employment, his account shall be credited with C.T The Borough may require that a full-time police employee present a certificate from a licensed medical doctor stating the nature of any sickness or injury that has caused said employee to be absent from work for a period of three (3) consecutive workdays. Any full-time police employee that utilizes a cumulative amount of thirty (30) sick leave days within any twelve (12) month period shall be required to provide medical documentation from the attending physician stating the nature of any sickness or injury that has caused said employee to be absent from work. The medical documentation shall be complete and to the Borough's satisfaction, to the extent of the employee signing a medical authorization D.A Absence due to injury resulting from the performance of a full-time police employee's duties for the Borough shall not be charged against a full-time scheduled. twelve (12) days for the ensuing year. providing release of the desired medical information. employee's sick leave. 16 E.A Att the time of retirement, the Borough will pay any full-time police employee for one-half (1/2) of the employee's accumulated sick leave. Payment shall be at the F. Under the short-term disability period only, a full-time employee may buy back sick leave credit, when said employee returns to the Borough any short-term disability insurance payments received by the employee while on sick leave. Sick leave shall be credited by using the employee's pro rata hourly rate of pay. G.I Ine each calendar year, full-time police employees may use up toi five (5) sick days as "emergency" days. These days are for such things as family iliness and other H. Upon promotion or permanent change to the employee's duty assignment which alters the length of the employee's work day, the employee shall retain all accumulated sick time hours in excess oft the new maximum accumulated amount. Once the accumulated sick time drops below the maximum amount the employee can only re-accumulate toi the current maximum amount. employee's regular rate of pay, and not be paid as overtime. personal emergencies. ARTICLE 11: BEREAVEMENT LEAVE A. Full-time police employees shall be entitled up to three (3) days paid leave because of a death in his immediate family. An employee shall only be paid for the time actually scheduled to be worked during said leave. The Borough may extend such leave with pay in its discretion as the exigencies of the case may warrant. Members of the immediate family shail be defined as mother, father, brother, sister, son, daughter, spouse, parent-in-law, or near relative who resides in the same household or any person with whom the employee makes his home. B. Full-time police employee shall be entitled to paid leave for the attendance on the day of a funeral for a near relative, provided the employee is actually scheduled to work on such date. The Borough may extend such leave with pay in its discretion as the exigencies of the case may warrant. A near relative shall be defined as grandparents, grandchildren, aunt, uncle, nephew, niece, son-in-law, C. For purposes of this Article, one (1) day shall constitute one (1) scheduled work daughter-in-law, brother-in-law, sister-in-law or first cousin. shift. 17 ARTICLE 12: LIABILITY INSURANCE A. The Borough shall provide, at no costi to the employees, liability insurance whose purpose is to protect employees from personal financial loss due to any court awards or judgements made as a result of negligent acts or similar impropriety in the course of performing official duties as a police officer for the Borough. The Borough agrees to maintain coverage at current levels throughout the terms of this agreement, provided that such coverage shall not include an act of the employee that constituted an intended crime, actual fraud, actual malice or willful misconduct aforethought as proven by the Borough. B. The Borough shall provide legal representation for any employee who, as a result ofa activities undertaken by him in the course of performing official duties for the Borough, has had legal action taken against him which is not covered under the provisions of the liability insurance made reference to in Article XII, A. Each case shall be judged on its own merits and the employee shall have the right to recommend an attorney to represent his interests. The employee shall be given the opportunity to confer with the Borough on possible action to be taken int the settlement of any case. The Borough shall pay all legal costs, including but not limited to attorney's fees and court costs, that are incurred as a result of any such proceedings undertaken on behalf of the employee. The Borough agrees to maintain coverage at current levels throughout the terms of this agreement, provided that such coverage shall not include an act of the employee that constituted an intended crime, actual fraud, actual malice or willful misconduct aforethought as proven by the Borough. ARTICLE 13: COURT APPEARANCES A. Full-time police employees shall be compensated at the rate of one and one half (1%) times their hourly rate of pay for time spent in attendance at any court appearance in connection with police service to the Borough for hours other than B. Regular part-time employees shall be compensated at their regular hourly rate of pay for time spent in attendance at any court appearance in connection with police service to the Borough during hours other than those which are part of the C.Court shall include appearance before the Magisterial District Justice, the Court of Common Pleas in any County of the Commonwealth of Pennsylvania, or any D. Full-time police employees attending any court appearance, as described in Paragraph A of this Article, shall receive a minimum of two (2) hours pay for an those which are part of the employee's regular workweek. employee's scheduled work shift. Federal District Court. 18 appearance in Magisterial District Justice Court; and a minimum of four (4)! hours pay for an appearance in any other court described in Paragraph C of this Article. E. Court stand-by pay: Full-time police employees shall receive four (4) hours of pay for each day the employee is placed on stand-by for a county court appearance by the District Attorney's office. Stand-by pay applies only those days in which an officer is not regularly scheduled to work and is placed on stand-by for court. The stand-by rate of pay is equal to that specified in F.A Any full-time employee would be paid for any scheduled workday on which the Paragraph A oft this Article. employee was serving jury duty. ARTICLE 14: WAGES A. The salaries for full-time police employees shall be in accordance with the following salary schedule, which shall be effective January 1, 2022 through December 31, 2025. Years of Service 2022 $65,113.00 $71,654.00 $77,211.00 $83,673.00 $89,743.00 $94,231.00 $96,025.00 2023 $67,392.00 $74,162.00 $79,913.00 $86,601.00 $92,884.00 2024 $69,751.00 $76,758.00 $79,444.00 $82,710.00 $89,632.00 $96,135.00 2025 $72,192.00 $85,605.00 $92,769.00 $99,499.00 1 2 3 4 Career Detective Sergeant $97,529.00 $100,942.00 $104,475.00 $99,386.00 $102,865.00 $106,465.00 This salary schedule reflects a rank differential of five percent (5%) between Career and Detective and seven percent (7%) between Career and Sergeant. B. Any full-time police employee hired on or after October 1, in any given year, shall not receive a salary increase until January 1 oft the year following completion one (1)year of continuous service to the Borough. Any full-time police employee hired prior to October 1, in any given year, shall be entitled to receive a salary increase on January 1 of the year following the inceptive full-time employment. C.I Itis understood and agreed by the Association and the Borough that a full-time employee shall not receive duplication or pyramiding of his/her pay rate on account of the aforesaid premium pay rates. 19 D. The Chief retains the right to select, at his sole discretion, any officer for assignment to criminal investigation duties. Any officer sO assigned shall receive an additional 5% pay increase during the time he or she is performing the criminal investigation duties. The Chief also retains the right, at his sole discretion, to remove any officer sO assigned at any time for any reason. Upon removal from the assignment of criminal investigation duties, the officer shall no longer receive the additional pay increase. The assignment of criminal investigative duties or the removal from that assignment is not and shall not be construed as a promotion or demotion respectively. This section applies only to those regularly assigned to criminal investigations and not those officers E. The Borough Council retains the right to select, at their sole discretion and for a time period determined by the Council an officer to serve as Acting Chief of Police. The Chief retains the right to select, at his sole discretion, for a time period determined by the Chief, any officer for assignment to criminal investigation duties or to the rank of Sergeant. During that assignment, the officer sO assigned shall receive the rate of pay for the position which he or she is temporarily filling. The Borough retains the right to remove any officer sO assigned at any time for any reason. Upon removal from the assignment, the officer shall no longer receive the higher rate of pay. The assignment to a temporary rank or the removal from that assignment is not and shall not be construed as a promotion or demotion respectively. This section applies only to those regularly assigned to the higher rank and not those officers assigned ona a assigned on a temporary or emergency basis. period of less than fourteen (14) days. ARTICLE 15: SECONDARY EMPLOYMENT A. No employee shall be denied the right to work at other employment during non- duty hours. Non-duty hours shall be all hours not previously assigned on the work schedule. Itis understood and agreed that the employees are subject to be called into service by the Borough in the event of emergency; and employees shall immediately report for duty when requested. It is further agreed that the terms and conditions of the following secondary employment policy will take effect January 1, 1993; that any employee engaged or who becomes engaged in any secondary employment shall comply with said policy. The purpose of this secondary employment policy is to promote the general welfare of the Borough, its employees and residents and to insure compliance with applicable state laws and regulations by members of the Police Department. 1. No employee shall engage in any secondary employment during the hours, which such employee is on duty. 20 2. No employee shall engage in any secondary employment involving the sale, manufacture and/or distribution of alcoholic beverages. 3. No employee shall engage in any secondary employment, which involves or may involve the use of Borough owned facilities, 4. No employee shall engage in the secondary employment, which involves or may involve, the utilization ofi information contained in or derived from Borough files. This prohibition includes, but is not limited to, use ofi information which would constitute a conflict of interest under the Ethics Law or the dissemination of criminal history record information, as that term is defined in the Criminal History Record and 5. No employee shall engage in any secondary employment, which involves or may involve utilization of information gained by an employee by virtue of his or her employment with the Borough, such that said information is not available to the general public. This prohibition includes, but is not limited to, use ofi information which would constitute a conflict of interest under the Ethics Law or the dissemination of criminal history record information, as that term is defined in the Criminal History Record and Information Act. 6. No employee shall engage in any secondary employment, which in the determination of the Chief of Police, interferes with the performance of the employee's official duties and responsibilities as a Borough 7. No employee shall engage in any secondary employment, which in the determination of the Chief of Police, may involve a "conflict of interest" between the employee and the Mount Joy Borough Police Department, included but not limited to, conduct prohibited by the Ethics Law. 8. No employee shall engage in any secondary employment which would constitute a violation of the Pennsylvania Private Detective Acto of 9. An employee may, upon being duly elected to the Office of Constable, carry out the functions and duties of that office and may specifically carry weapons, serve writs, and make arrests. In performing such functions and duties, however, the employee shall make certain that: a. When performing the functions and duties as Constable, there is no misconception by the public that such performance is in his or her equipment, materials and/or supplies. Information Act. employee. 1953, 22 P.S. 11 et seq. 21 capacity as a Constable, and not in his or her capacity as a b. No Borough time, facilities, equipment, materials or supplies of any C. The duties and responsibilities of the Office of Constable do not interfere with the proper and effective performance of the employee's primary duties and responsibilities as an employee of member of the Police Department. kind or nature are utilized. the Borough. B. Employee Procedure 1. Any employee seeking secondary employment of any type or nature shall give prior written notice to the Chief of Police. Said notice shall contain a description of the employment sought, the duties involved in such employment, the name, address and telephone number of the prospective employer, and the anticipated starting date. This information shall enable the Chief of Police to ascertain whether the proposed employment is in violation of the Pennsylvania Private Detective Act, the Ethics Law, or could result in a violation of the Criminal History Record and Information Act or other statute or 2. Any employee who is currently employed by a person or entity other than the Borough shall provide written notice of such employment to the Chief of Police. Such notice shall contain the following information: the duties and responsibilities of that employment; the name and address of the employer; and the date such employment commenced. This shall enable the Chief of Police to ascertain whether the employment is in violation of the Pennsylvania Private Detective Act, the Ethics Law or could result in a violation of the Criminal History Record and Information Act or other statute or regulation of this policy. Upon determination made by the Chief of Police that such employment is in violation of this Secondary Employment Policy, the employee shall resign from such employment within thirty (30) days of receipt of the regulation of this policy. written notice from the Chief of Police. ARTICLE 16: TERMINATION OF EMPLOYMENT A. Upon termination of employment, full-time police employees shall receive compensation for all accrued, but unused vacation leave, holidays and compensatory time to which he is entitled. Compensation shall be at the rate of said employee's hourly rate of pay for all such time. 22 ARTICLE 17: JUST CAUSE A. No employee shall be demoted, suspended without pay or discharged without just cause. While the Borough retains the sole right to counsel, reprimand or evaluate an officer, if an officer disagrees with a counseling, reprimand or evaluation, the officer may place a statement in his Personnel File outlining or explaining this disagreement and the officer's response shall be made part of the counseling, reprimand or evaluation. ARTICLE 18: GRIEVANCE PROCEDURE A. Definitions: 1. Grievance: A complaint or claim by an employee or the Association regarding the meeting, interpretation or application of any provision of this agreement. It is specifically understood and agreed that matters of discipline shall be governed by the Borough Code, 531 P.S. 45101 et seq., or matters of discipline may be handled as a grievance. Officer 2. Aggrieved Party: Employee or employees making the complaint or the 3. Party In Interest: Employee or employees making the claim and any agent of the Borough who might be required to take action or against whom action might be taken to resolve the grievance. may select either option, not both. Association. B. The purpose of this procedure is to secure at the lowest possible level, equitable solutions to problems, which may from time to time arise affecting employees. C. Grievance Procedure: 1. All grievances shall be filed within the 180 days of when the basis for the grievance occurred or within 180 days of when the party became 2. Level One: Chief of Police - An employee with a grievance shall first discuss it with the Chief of Police, either directly or through the aware oft the basis for the grievance. Association's designated representative(s). 23 3. Level Two: Public Safety Committee - Ift the aggrieved party is not satisfied with the disposition of the grievance at Level One orifno decision has been rendered within five (5) working days after the presentation of the grievance, the aggrieved party may file the grievance in writing within ten (10) working days with the Public Safety Committee of the Borough Council. 4. Level Three: Arbitration a. Ift the aggrieved party is not satisfied with the disposition oft the grievance at Level Two or if no decision has been rendered within ten (10) working days after the grievance as delivered to the Public Safety Committee, the aggrieved party may submit the grievance to arbitration within ten (10) working days. b. Within ten (10) working days of the submission of the grievance to arbitration, the Public Safety Committee and the aggrieved party shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified period, either party may make a request for a list of arbitrators to the American Arbitration Association. The parties shall then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. The arbitrator sO selected shall confer with the representative of the Borough and the aggrieved party and hold hearings promptly. The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission ofa an act prohibited byl law or which is in violation oft the terms of this Agreement. The decision of the arbitrator shall be submitted to the Borough and the aggrieved party and shall be d. The costs for the services of the arbitrator, including per diem expenses, if any, actual and necessary travel and subsistence expenses and other services required by law shall be borne equally by the Borough and the aggrieved party. Any other expenses shall be paid by the party incurring same. final and binding on all parties. 24 D. Rights of Employees to Representation: 1. Employee and Association - Any aggrieved party may be represented at all stages of the grievance procedure by himself, or at his option, bya representative selected by him. When the Association does not represent an employee, the Association shall have the right to be present and to state its views at all states of the grievance procedure. 2. Reprisals - No reprisals of any kind shall be taken by the Borough or by any agent against any party in interest, any representative, any member of the Association, or any other participant in the grievance procedure by reason of such participation. E.N Miscellaneous: 1. Group Grievance = Ifi in the judgment of the Association, a grievance affects a group of employees, the Association may submit such grievance inv writing to the Public Safety Committee directly and the processing of 2. Written Decisions - Decisions rendered at Level One, which are unsatisfactory to the aggrieved party, and all decisions rendered at Level Two of the grievance procedure, shall be in writing, setting forth the decision and the reasons therefore, and shall be transmitted to all parties ini interest and to the. Association. Decisions rendered at Level Three shall be in accordance with the procedures set forth in Section C,3 of this 3. Forms - Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared by the Borough and given the appropriate distribution sO as to facilitate the operation of the grievance procedure. 4. Meetings and Hearings = All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and/or their selected representatives heretofore referred to ini this such grievance shall be commenced at Level Two. Article. Article. ARTICLE 19: DRUG TESTING A. The parties have agreed that the Borough may implement a drug testing program that will include testing in the case of probable cause. Probable cause shall include situations where an employee is involved in an 25 unexplained accident or where an employee is suspected of substance abuse. Employees who return to work from an absence, layoff, leave of absence, illness or any other reason for a period of three (3) consecutive weeks or more may be required to submit to a drug and alcohol screen. All testing shall be performed by a laboratory that is either certified by the National Institute for Drug Abuse (NIDA) or is certified by the Commonwealth B. An employee who tests positive on the drug screen shall be provided an opportunity for rehabilitation. Ift the employee rejects rehabilitation or fails to successfully complete the rehabilitation program, he shall be terminated. Only upon successful completion of the rehabilitation program and subsequent drug screen with negative results, shall the employee be permitted to return to work. An employee who successfully completes a rehabilitation program and returns to duty will be subject to random drug testing for a period of two (2) years after returning to duty. The within provisions shall not be interpreted as preventing the Borough from discipling the employee for any actions or consequences that may result from the C.F For purposes of this Article, drug screening will be two (2) independent tests of Pennsylvania, Department of Health. employee's positive drug screen. ats separate laboratories; and paid for by the Borough. ARTICLE 20: SEPARABILITY A. Ifany provision of or application of this Agreement is found by a court of competent, jurisdiction to be unenforceable, then such provision or application shall be separable from the remainder of the Agreement. Both parties further 1. Within fourteen (14) calendar days after receipt of the notification by a court of competent jurisdiction on any such matter of unenforceability, negotiations shall commence during which a new agreement on the unenforceable provision or application of the agreement shall be made. 2. Should the Borough and the Association be unable to reach an agreement within thirty (30) days after negotiations have begun, the matter shall be referred to binding arbitration under the rules and regulations of the American Arbitration Association. agree that: B. All agreements reached under this procedure shall be reduced to writing, executed by both parties and made part of this Agreement as determined by Act 111. 26 ARTICLE 21: TERM OF AGREEMENT The provisions of this Agreement shall become effective on January 1, 2022 and shall terminate on December 31, 2025. Adopted by Borough Council action on President of Borough Council Mayor of Mount Joy Borough President MJBPOA 27 MOUNT JOY BOROUGH POLICE OFFICERS ASSOCATION Christine L. Keiffer Tyson A. Woods Kyle D. Hosking Scott E. Drexel Sean P. Clark John C. Morrell Mason M. Shelly Nicholas J. Goss Nathan D. Reed Michael D. Klock Zachary S. Steffen 28 EXHIBIT A Mount. Joy Borough Deferred Retirement Option Plan Pension Benefits: The Borough will establish: a Deferred Retirement Option Plan (DROP). Effective. January 1,2022, the Pension Ordinance will be amended as follows: 1.1 Eligibility. a. Eligibility for the DROP shall be determined by and limited to sworn full time Police Officers employed by the Borough who have completed 25 or more years of service and have attained the age of 50, who meet the following requirements: The officer/retiree did not retire or began receiving a normal retirement benefit or a disability benefit from the Mount Joy Borough Police Pension Fund (the "Fund") prior to the implementation of this DROP or thel Police Officer's entry into the DROP, whicheveris The officer reached the necessary age and service requirements (the "Superannuation Date") necessary fori receiving a full retirement normal age and service retirement pension under the terms of the applicableCBA and the Mount Joy Borough Police Pension Plan (the "Plan") Plan; and Officers who are retiring and leaving the employ oft the Borough with a normal retirement benefit as noted above and who are: noti receiving and will not receive a disability benefit from the Plan or Fund or from the later. Borough. b. Officers may enter the DROP on the first day of any month upon attaining the applicable age of 50 and 25 years ofs service and attaining the age and service that are: necessary to: retire from service from the Borough and thereafter begin to receive anormal retirement pension from the Plan, provided all other eligibility requirements stated herein are satisfied. C. Officers entering thel DROP must meet the age requirement of 50 and years of service requirement of25. d. Participation in al DROP does not guarantee the DROP participant's employment by the Borough during the specified period oft the DROP. 29 2. Written Election. An eligible Police Officers who wishes to be a Participant in the DROP must signify that intention in writing as follows: a. A police officer electing to participate in the DROP must complete, sign, and return to the Borough a "DROP Participation Election Form" prepared by the Borough. The form must be signed by the Police Officer and be notarized and submitted to the Borough Manager. The DROP Participation Election Form shall include: Ab binding and irrevocable notice of resignation from regular employment with the Borough, by the Police Officer confirming the Officer's intent to: retire and specifying the Officer's specific retirement date and the date that the Officer's DROP participation will commence, which shall be the date after the specified retirement date. Specifies the DROP termination date ("resignation date") which shall be no later than forty-eight (48) months from the effective date ofthe APolice Officer shall cease to work as and have the legal authority of aPolice Officer and may no longer be employed by the Borough as a Police Officer on the officer's resignation date unless the Borough terminates or honorably discharges the officer prior to such resignation date. A DROP participant may resign from employment while in DROP status, which shall terminate his/her participation int thel DROP and employment with thel Borough. Participation in al DROP does not guarantee the DROP participant's employment by the Borough during the specified period oft the DROP. DROP Election Form. b. In addition to the above information, the DROP Participation Election Form shall also advise the employee of the following: An explanation of the Participant's rights and obligations while in the That, as a condition of DROP participation, the Participant foregoes active participation in the Police Pension Plan and foregoes any recalculation of pension benefits after the Officer's Retirement Date or when the Officer begins participation in the DROP, even to include any salary increases occurring after DROP participation commences; and That the DROP Participant's service while in DROP will not count as pension service time nor will: it entitle a Participant to any service DROP. 30 increment benefits to which the Participant was not entitled prior to commencing DROP participation. C. ADROP Participant must also complete any and all retirement documents required by the Borough and the Plan Administrator, and such documents must be filed and presented to the Borough for approval of retirement and payment of pension at least 30 days before the Retirement Date specified above. d. Once a DROP Participation Election Form has been approved by the Borough, itis e. Once a DROP Participant enters the DROP, the Participant may not subsequently leave the DROP and then re-enter the DROP at any time, even if the retired officer separates from employment and subsequently begins employment with thel Borough again in another position or under another Tewnship Borough irrevocable. pension plan. f. Aretired officer who leaves the DROP may not bei rehired as a lewmshp-Borough police officer after leaving the DROP. 3. Benefit Calculation. For all pension benefit calculation and Plan purposes, continuous service of a police officer participating in the DROP shall remain as it existed on the effective date of commencement oft the retiree's participation in the DROP. Service thereafter shall not be recognized for or used for the calculation or recalculation ofthe Officer's pension or the determination of any benefits payable by the Plan or the Township. The average monthly compensation of the DROP Participant for pension calculation purposes shall remain, as it existed on the effective date of commencement of participation in the DROP. To the extent there are any increases in salary or compensation after an officer's DROP Participation Period commences, such increases shall not be recognized or used for the calculation, recalculation, or determination of any 4. Accumulation of the DROP Account. The monthly pension normal retirement benefit that would have been payable directly to the retiree/DROP Participant had the retiree/DROP Participant not elected toj participate in the DROP and to directly receive a normal retirement benefit, shall, upon the retiree commencing participation in DROP accumulate to the benefit of that retiree/Participant and be accounted for on that DROP Participant's DROP Account. Participants shall not have the option of self-directed investment of their individual DROP Account while in the DROP. Instead, the DROP Account monies shall be invested in a fund to be identified and selected solely by the Borough in accordance with applicable law, including but not limited to all applicable provisions oft the IRS Code and Pennsylvania pension laws, sO as to generate a rate of return of no less than zero percent (0%) and noi more than four and al halfp percent (4.5%). benefits payable by the Pension Plan. 31 5. Accrual of Non-Pension Benefits. After a Police Officer elects to participate in the DROP, all other contractual benefits shall continue to accrue. 6. Payout. Upon separation from employment, the DROP payout options available to the a. The balance of the DROP Participant's account, less withholding taxes, ifa any, remitted to the Internal Revenue Service, shall be paid to the Participant or the b. The balance of the DROP Participant's account shall be paid directly to the custodian of an eligible retirement plan as defined by Internal Revenue Code Section 402(c)(8)(b), ori in the case ofa an eligible rollover distribution to the surviving spouse of a deceased DROP Participant, an eligible retirement plan that is an individual retirement account or an individual retirement annuity as C. Ifthe DROP Participant or beneficiary fails to make an election within sixty days (60) following the date of termination of DROP participation, then the Chief Administrative Officer of the pension plan shall implement section 8.A. DROP Participant shall be as: follows: Participant's survivingbeneficiary. defined by Internal Revenue Code Section 402(c)(9). above. 7. Service- Connected Disability. If a DROP Participant becomes temporarily incapacitated and unable toj perform police duties due to an injury or condition suffered while in service and entitling the officer tol benefits under the Workers' Compensation or Heart and Lung Acts, or both, during the DROP Participation Period, that DROP Participant shall continue to participate in the DROP as if fully employed. The Police Officer shall receive disability pay in the same amount as disabled Police Officers that are not participating in the DROP; however, due to the unique nature oft the DROP and the goals oft the DROP, there shall be arebuttable presumption after aj period oft twelve (12) months that the DROP Participant is permanently disabled and unable to perform his or her police duties and his or her continued employment with thel Borough andj participation ini the DROP shall end. In no event shall a Police Officer on temporary disability draw from Ifal DROP Participant becomes eligible for a service-connected disability benefit from the Plan and his employment is terminated due to an inability to continue ins service on grounds that render him eligible for a service-connected disability benefit, the monthly normal retirement benefit of the DROP Participant shall be reclassified as being on account ofa service-connected disability to the extent permitted by law. In no event shall a DROP Participant's monthly retirement benefit be recalculated. The DROP Participant's his DROP account. 32 monthly retirement benefit shall remain as calculated at the time of entry into the DROP in accordance with the provisions oft the Plan. Notwithstanding any other provision in this paragraph, if an officer is disabled and has not returned to work as of the date of his required resignation as stated in the DROP Notice, such resignation shall take precedence over all other provisions herein and said officer shall be required to resign. Such officer shall receive his or her then existing DROP Account monies and continue to receive the applicable pension benefit thereafterin accordance with the provisions of this DROP and in the same manner as any other DROP Participant. Nothing contained in this Plan shall be construed as conferring any legal rights upon any Police Officer or other person to a continuation of employment nor shall participation in the DROP supersede or limit in any way the right of the Borough to dischargea police officer based upon an inability to perform his or her full duties as a police officer. 8. Death. If a DROP Participant dies, the Participant's eligibility for DROP shall terminate upon the date of death. In such case, if the DROP account balances have not yet been paid out, the Participant's legal beneficiary under this DROP shall have the same rights and options as the Participant to withdraw/roll over the account balance and the survivor provisions ofthel Plan shall apply ifapplicable. 9. Forfeiture of Benefits. Notwithstanding a police officer's status as a DROP Participant, a current or former Participant who is convicted or pleads guilty to engaging in criminal misconduct which constitutes a "crime related to public office or public employment," as that phrase is defined in Pennsylvania's Pension Forfeiture Act, 43 P.S. 88 1311-1314, shall forfeit his right to receive aj pension, including any amounts currently deposited in the DROP Account. In such a case, the Participant shall only be entitled to receive the contributions, if any, made by the Participant to the Police Pension Fund, without interest. 10. Amendment. Any amendments to this DROP Ordinance shall be consistent with the provisions covering any applicable collective bargaining agreement and shall be binding upon all future DROP Participants and upon all DROP Participants who have balances in their Individual Retirement option accounts. 11. Continued Employment. A Police Officer's election to participate in the DROP shall in no way be construed as a limitation on the Borough's right to suspend, discharge or terminate a Police Officer or to grant any officer an honorable dischargel based upon a physical or mental inability toj perform his orl her duties. 33 12. Effective Date. The Effective Date oft the DROP shall be. January 1, 2022. SECTION II. All elected and appointed officials are authorized to take all action necessary to ensure the implementation and effect the purpose hereof. SECTION II. Any and all Ordinances and/or Resolutions, or parts thereof, conflicting herewith are repealed insofar as the matters herein are: affected. SECTION IV. Except as provided below ini this section, the provisions of this Ordinance are severable, and if any clause, sentence, subsection, or section hereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder but shall be confined in its operation and appliçation to the clause, sentence, subsection or section rendered. SECTION V. This Ordinance and the DROP created by this Ordinance is effective immediately upon enactment. MOUNT. JOY BOROUGH MOUNT. JOY BOROUGH POLICE ASSOCIATION Date: Date: 34 1%e Dennis Nissley From: Sent: To: Subject: Kerry Meyers Thursday, April 21, 2022 1:54PM Dennis Nissley; Robert Goshen; Barry Geltmacher Mount. Joy Chambers Musicin MemorialPark Dennis, Chief Goshen and Barry, lam emailing about the Chamber's 2022 Musici in Memorial Park. Wel have taken it down to three Sundays due to the cost and at few other factors. So, below are the three weeks we are planning on. We will bel looking for a food truck for thet first two weeks and the final week willl be our free hot dog and Ice cream social. Sunday, July 31 -The Kracker Beez & at foodi truck Sunday, August 7 -7 The Celtic Martins & ai food truck drinks - everything is free toi those attending Music) Sunday, August 14- - Stu Huggens and The Honkytonk Heroes (this date will be our hot dog & ice cream social, snack and Iwould like to ask once again that we can put cones out 24 hours ahead of time saying no parking on Delta Street (Memorial Park side) which allows for some who are in need of closer/handicap parking during Musici in Memorial Park. Int the past the police station provided the signs and: stands and! p personally took care of putting them out 24 hours Just let me know ify you need anything else from me ati this time. Please let me know: as soon as everything has been approved or if youl have any additional questions. We would like to start promoting it by the beginning ofJ July!! before the start of Music in Memorial Park. Thank: sO much, Kerry Kerry Meyers, Executive Director UNT Mount Joy Chamber of Commerce 62E. Main Street, Suite1 1 Mount. Joy, PA 17552 Call: 717-653-0773 Fax: 717-928-4789 ww.mountorhomtercon www.acebookom/mountloychomber e-mail and destroy allo copies oft thec original message. Confidentiality Notice: This e-mail message, including any attachments, isi fort thes sole usec ofi intended: recipient and may contain confidential: and privilegedi information. Any unauthorized: review, use, disclosure or distribution is prohibited. Ifyou arer nott thei intendedi recipient, please contactt the sender by reply 1 46 Dennis Nissley From: Sent: To: Subject: Chris and Lisa Hawbaker youandmerorever94@gmal.com> Tuesday, April 19, 20228:551 PM Dennis Nissley; Barry Geltmacher Playing musici in Memorial Park, Mount. Joy Some people who received this message don't often get email from oardneoeedymaLcn Learn why this is important Ispoke with Barry Geltmacher today about the possibility of my! band playing music at Memorial Parki in Mount. Joy sometime this summer. He told me lwould need to send you an email about myi intentions and seek your Mr. Nissley, permission. Thisisv why I'm writing to you today. Irepresent al band called TESTIFY. We are a group of musicians from various churches ini the area and ouri intention is to invite the churches of Mount Joy toj join us as we sing worship musici in one oft the local parks in Mount. Joy. Since there is ap pavilion in Memorial Park andi they already host' "Musici in the Park" there,! limmediately thought of seeking With your permission we'dI liket to host the event on a Friday, Saturday, or Sunday evening sometime this summer. I hope that we could get 100-200 people to show up for the event. We would not charge at fee to attend. Ist there at timei that Icould cally you to discuss this further and answer any questions your may have? Is there anything elsel Iwould need to dot to gain permission to plan an event? If permission is granted, how wouldIchoose and schedule a date? IfMemorial Parkisnot acceptable, would therel be another park that we could use? Sor many questions.:) Feel freei to call me at 717-715-6893 or email me back with at time thatl Icould call you and I'd be happy to reach out to permission to do the same. discuss this further. Thank you! Chris Hawbaker Love God, Live for. Jesus, Love people! 1%c ARRO Consulting, Inc. Corporate Headquarters 108 West Airport Road Lititz, PA17543 P:017)569-7021 ARRC Via Email April 20, 2022 Mark G. Pugliese 1, Borough Manager Borough of Mount Joy 21 East Main Street Mount Joy, PA 17552 Re: Melhorn Retention Basin 4-11-2022 Public Works Meeting Response Letter Dear Mark, below the questions.. Responses tot the Committee's questions from the 4-11-2022 Public Works Meeting are provided in bold 1. What is the data source. for the "Current Basin" stage storage? The "Current Basin" stage storage information was taken from the August 2, 2019 survey of the basin performed by Land Grant Surveyors. The contours. areas were taken from this survey to determine the storage. volume of the basin from the basin invert until an elevation of 386.48, the elevation of the low-point of the spillway berm. 2. What is the data source for the "Designed Basin" stage storage? The "Designed Basin" stage storage information was taken from the Stormwater Management Plan for Melhorn Sales, Service & Truçking prepared by D. C. Gohn, last revised May 21, 1999, The contour areas were taken from these plans to determine the storage volume of the basin from the basin invert to an elevation of 387.50, where the design plans no longer show basin contours and can therefore not be determined tol be 3. Why did ARRO only consider stage storage up to elevation 387.50' when the D, C. Gohn May 15, 1999, StormwaterlErosion Control Report (basis for Borough approval) had a 25-year pool storage elevation at 387.75; a 50-year pool storage elevation at 388.07'and: a 100-year pool storage elevation at 388.41. All these design pool storage elevations are above, your data The plans on file, last revised May 21, 1999, only provided enough grading toj justify that the basin had capacity up to an elevation of approximately 387.50' In fact, the 388.00 contour on the western side of the. basin ties back into the existing grade along the property line, implying that the basin had a spillway below an elevation of 388.00. Since no spillway was identified on the plans or report, a spillway of 387,50' was utilized based on constructed above that elevation. sources. wwwdroconsutingcom OUT-IN-FRONT. EVERY STEP OF THE WAY, Mark G. Pugliese I, Borough Manager Borough of Mount. Joy April 20, 2022 Page 2 4. Was ARRO. made aware oft the fact that on September 1, 2021, the Borough had a 25-year return storm event and the Melhorn Sales Service and Trucking Basin discharged through an unauthorized spillway at the corner oft the western berm and partially flooded the Schatz property. Your e-mail addresses discharges to the east but is silent regarding discharges to the Itis understood that the current Melhorn basin will discharge through a "spillway" to the west and towards the Amtrak culvert when the water elevation within the basin exceeds approximately 386.48'. The main discharge of the Melhorn basin is located on the east side 5. Can ARRO provide copies oft the "As-Built Survey and Plans mentioned. in the March 17, 2022 The survey that was mentioned in the March 17, 2022 letter is provided with this letter. 6. Can ARRO, provide a copy oft the original design calculations referenced which ARRO claims The original design calculations are not correct and are not consistent with the contours shown ont the approved plans, last revised May 21, 1999, in which the construction oft the stormwater basin was built from. The original report states that the basin has storage up to3 389.00. The plans are not consistent with this and indicate that al low point in the basin occurs between 388.00 and 387.00. The original design calculations, dated May 15, 1999, do indicate a storage volume of approximately 93,748 up to the elevation of 387.50, which 7. Can ARRO provide calculations supporting the assertation that the top oft the berm must be west. of the basin. letter? show al required storage volume of93,748? is consistent with the stage storage tables attached with this letter. raised to no lower than 386.65'? The stage-storage tables of the current basin and designed basin are provided to show the current volume of the basin (88,384 cf) and that if the berm is raised to 386.65' the volume of the basin will reach 94,377 cf, which exceeds the approximate maximum volume oft the To remain conservative, ARRO has now revised the table to consider the volume from the May 15, 1999 SWM Report (132,915.6 cf). In order for the current basin to have equal to or more than the original storage volume ini the SWM Report, the minimum top of the berm original designed basin (93,748 cf). shall be 387.65' Mark G. Pugliese I, Borough Manager Borough of Mount Joy April 20, 2022 Page 3 Ifyoul have any quéstions, pléase contact me at 717.560.6065. Sifiçerely, Sur Darrell LI Becker, P.E. Vice President DLB: mem C: Dennis L. Nissley, Public Works Director - Mount Joy Borough LANCFLESLancaster-TechpicalAclive ProjectslMount Joyl BoroughBorough: Stormwater Basin Analysis 0e8329Comupamsimaw. Public. Works Committeel Response Leter.4-18-2022.docx ARRO Consulting, Inc. Corporate Headquarters 108 West Airport Road Lititz, PA: 17543 P:017)569-7021 ARRCI Via Email April 20, 2022 Mark G. Pugliese I, Borough Manager Borough of Mount Joy 21 East Main Street Mount Joy, PA 17552 Re: Melhorn Retention Basin 4-07-2022 Bruce Haigh Email Response Letter Dear Mark, The following response is in regard to the April 7, 2022 email submitted by Bruce Haigh: ARRO was utilizing the D.C. Gohn Associates, Inc. Plan for Melhorn Sales, Service & Trucking, last revised May 21, 1999, as the source for the design storage. The May 15, 1999 report is not consistent with the plans in that the report implies the basin will have storage up to the 389.00 contour when in fact the plans show that there is al low point between the contours of 387.00 and 388.00. In the plan set, the approved basin storage volume is approximately 93,748 cfwhich was the basis for the modification of the current basin to a minimum berm elevation of 386.65'. To be conservative, ARRO has now considered the required storage from the 1999 SWM Report (132,915.6 cf). In order to reconstruct the current Melhorn basin to have an equivalent storage volume from the report, the berm must be raised to a minimum elevation of 387.65'. The May 1999 report and plans indicate a different bottom elevation of the basin (383.20') than the as-built survey performed in 2019 (382.65'). This may bei the case because of settlement over the years or because a different vertical datum was used by the surveyors or both. For this reason, comparisons between the elevation. ARRO used and the original report/plan cannot be made. Only storage volumes can be compared and the new berm elevation of 387.65' will be consistent with the storage volume required for the 100-year storm in the original report. By looking at the actual volumes of each plan, ARRO was able to determine if the existing basin has less capacity despite vertical elevation differences between the two plans. The comment regarding the 25-year storm overflowing the western "spillway" at an elevation above 387.00 is incorrect because the western "spillway" of the existing basin is actually well below the 387.00 contour, as shown in the spot elevations of the 2019 survey. The combination of this and thet fact that the 2019 as-built survey differs from the 1999 design report/plans, as expected, increasing the berm to an elevation of 387.65' will bring the Melhorn basin into wrwaroconsuting.om OUT-IN-FRONT. EVERY STEP OF THE WAY. Mark G.. Pugliese I, Borough Manager Borough of Mount Joy April 20, 2022 Page 2 If you have any questions, please contact me at 717. 560.6065. Singerely, Darrell LI Becker, P.E. Viçe Président DLB: mem C: Dennis L. Nissley, Public Works' Director- - Mount. Joy Borough LANCFLESLancaster-Technicalzlive ProjectslMount. JoyE BoroughBorough Stormwater Basln Analysls 0329Comupocesenca Haigh Response Leter_418-2022.dock Current Basin- August 2019 Survey Elevation Area (sf) (cf) 382.65 383 Designed Basin May 21, 1999 D.C. Gohn Plans Volume Cumulative Volume (cf) o 0 1600 1600 17318 42309 72255 88384 94377 107154 132994 Volume Cumulative (cf) Volume (cf) 0 3699 Elevation Area (sf) 383.2 384 0J 9141 384 22294 15718 385 27688 24991 386 32204 29946 386.48 35000 16129] 386.65 35500 387 37506 12777 387.65 42000 25840 o 9245 385 23385 16315 386 28072 25729 387 33208 30640 387.5 36250 17365 100-year Required Basin' Volume from May 15, 1999 Report=132915.6d o 3699 20014 45743 76383 93748 5993 Ift the basin bermi is raised to a minimum elevation of 386.65', the storage volume of the basin wille exceed the Ift the basin bermi is raised to a minimum elevation of 387.65', the storage volume oft the basin wille exceed the cumulative volume of thel basini from the original design plans. 100-year storage volume claimedi ini the May 15, 1999 Stormwater Report. Manager From: Sent: To: Cc: Subject: Attachments: bhagh@comcastnet Tuesday, May 24, 20222:31PM Manager; Bill Hall; Mary Ginder; Bob Ruschke 'gwschatz' ARRO Letter Melhorn Detention Basin dated April 21, 2022 Stormwater Basin Letter 4-21-2022 Highlighted.pdf Stormwater Management Plan - Melhorn Trucking Rev 5-21-1999 issued 3-13-2001.pdf, ARRO e-mail dated October 27- 2021 1148 AMI Highlighted.pdf, ARRO melhorn Follow Up Flag: Flag Status: Follow up Flagged Mark: Good Morning The Schatz and WHEI greatly appreciate the effort you have personally made to get to true facts regarding the Melhorn Detention Basin. Mr. Darrell Becker is now in his April 20, 2022, and April 21, 2022, letters directly contradicting the information Mr. Bingham provided to the Borough in his October 27, 2021, e-mail. Itis particularly disturbing that you, Dennis Nissley and Dave Salley along with ARRO representatives met with Melhorn in November 2021 and now we learn that what you told Melhorn in November 2021 was significantly 1. Ithink that we can now all agree that the proper Stormwater Management Report is the DC Gohn Stormwater/Erosion Control Report for Melhorn Sales, Service and Trucking dated May 15, 1999. 2. Ithink that we can now all agree that the proper Stormwater Management Plan is DC Gohn Drawing CG-2109, dated January 13, 1999, Revised May 21, 1999, signed and sealed by Kenneth J. Hoyler PLS with Stormwater Management Certificate dated June 23, 1999, signed and sealed by Eugene Ray 3. Iwill note that the topographic survey ARRO has now provided with their April 21, 2022, letter differs technically significantly from the. August 2, 2019, topographic survey they provided to the Borough, WHEI and Schatz in the Fall of2019. Ihave highlighted eight (8) topographic spot elevation just off the Melhorn southern property boundary that define the western unauthorized spillway. These spot elevations were excluded form the drawings provided to the Borough in the Fall of2019. Why was this information not provided by ARRO in the Fall of2019? Why was this information not provided in November 2021 ini response to WHEI letter dated October 27, 2021? Why was this information not provide in a response to the Borough Manager based upon the WHEI e-mail dated December 10, 2021, 10:29PM? The Borough Engineer was aware that the Melhorn Detention Basin discharged through the unauthorized western spillway under a 25-year storm event on September 1,2021,yett they did not deem it appropriate to provide complete topographic survey data that they had ini their procession since August 2019. An Engineers first obligation is to Public Safety, Health and Welfare. The Schatz were being flooded and the Melhorn Detention Basin was not responding in a manner consistent with 4. Sheet 2 of3: is the approved Stormwater Plan. Please note that the "Stormwater Easement" boundary shown on the Plan is a remanent for the DC Gohn Stormwater/Erosion Control Report for Melhorn sales, Service and Trucking dated January 13, 1999, which was rejected by ACER Engineering Inc. in inaccurate Oldham PE. what ARRO had previously publicly stated. 1 early 1999. The "Stormwater Easement" boundary should have been removed from the May 21, 1999, 5. Iwill note that the 25-year required storage volume based upon the May 15, 1999, reporti is 102,927.4 cubic feet which is greater than Mr. Bingham' s calculated design volume of93,748 cubic feet as stated in his October 27, 2021, 11:48. AM e-mail. Mr. Bingham's analysis does not even hold the 25-year 6. Iwill agree with. ARRO that the 100-year required storage volume based upon the May 15, 1999, is 132,915.6 cubic feet as stated in ARRO response to question 7 ini their April 21,2021, letter. 7. Iwill adamantly disagree with ARRO that the 100-year required storage volume of 132,915.6 cubic feet was the detention basin "original design volume". A complete and careful review of the May 15, 1999, report indicated that the 100-year storm had a pool elevation of388.41. The top of berm was at 389.00' allowing for 0.59 of freeboard. The stage storage volume at elevation 389.00' was 162,359 cubic feet. DC Gohn fully intended to store stormwater off site oft the Melhorn property to elevation 389.00' 8. Inl his October 27, 2021, e-mail (attached) Mr. Bingham stated the required design storage volume to be 93,748 cubic feet. Mr. Becker in his April 21, 2022, letter (attached) now directly contradicts the October 27,2021, e-mail sating that the 100-year required storage volume is now 132,915.6 cubic feet. This is a significant increase of39,167 cubic feet of required storage volume. 9. Inl his October 27, 2021, e-mail Mr. Bingham stated, "Basin volume are shown above 386.48' appear to be low points ofthe spillways that drain to the east parallel to the railroad tracks and - 387.50' (highlighted). In ARRO letter dated April 21, ,2021, response No. 3 Mr. Becker now states - Since no spillway was identified on the plans or report..Chighlighted). Once again Mr. Becker is directly revision to the Plan. return storm. and provide 0.59 of freeboard. contradicting information Mr. Bingham previously provided to the Borough. WHEI has two questions for ARRO in an attempt to understand their engineering analysis. 10. On sheet 2 of3 oft the drawing (Plan) please have ARRO identify and mark the low points oft the spillway that Mr. Bingham identified in his October 27, 2021, 11:48 AM e-mail 11.In his April 21, 2021, letter, response to question 3. Mr. Becker states. In fact, the 388.00 contour on the western side of the basin ties back into the existing grade along the property line, implying that the basin had a spillway below an elevation of388.00' (highlighted). On sheet 2 of3 of the drawing (Plan) please have ARRO identify and mark where the 388.00' contour on the western side ofthe basin ties back into the existing grade along the property line. Respectfully Submitted Bruce Bruce W. Haigh PE President Whittemore and Haigh Engineering Inc. 504 Rose Petal Lane, Suite 203 Mount Joy PA 17552 610.698.7697 Licensed in NY, PA, OH, NJ, MD, Del, WV 2 e-mail: Bhaigh@whei.net web site: www.whei.net The information contained in this electronic mail transmission is intended solely for the addressee(s) named above. If you are not an addressee, or responsible for delivering this transmission to an addressee, you have received this transmission in error and you are strictly prohibited from reading or disclosing it. The information contained ini this transmission is highly confidential and may be subject to legally enforceable privileges. Unless you are an addressee, or associated with an addressee for delivery purposes, you may violate these privileges and subject yourself to liability ify you do anything with this transmission other than contact us immediately by telephone at (610)698-7697 or by email at bhaigh@whei.net and delete this transmission. Thank you. 3 STORMWATER MANAGEMENT PLAN FOR MELHORN SALES, SERVICE & TRUCKING gohn Inc. STORMWATER MANAGEMENT PLAN FOR MELHORN SALES, SERVICE & TRUCKING BOROUGH LANCASTER VANIA MTE ORAWNE e CHECKED SHEET Enginaer gohn sociates, Inc. DETAILS AND NOTES FOR MELHORN SALES, SERVICE & TRUCKINGI MOUNT Jor BORDUGH LANCASTOR COUNTY. PDINSVLVANIA gohn 4 Manager From: Sent: To: Ce: Subject: Mark, Bingham, Michaei MichaelBingham@arrconsuting.com> Wednesday, October 27, 2021 11:48 AM Dennis Nissley; David Salley; Becker, Darrell Manager Melhorn Basin Wet took al look at the Melhorn basin as requested and came up with the following information. Current Basin Designed Basin Cumulativ Volume eVolume (cf) 0 0 Volume Cumulative 0 Elevation Area (sf) (cf) Volume (cf) 383 9141 1600 384 22294 15718 385 27688 24991 386 32204 29946 386.48 35000 16129 Elevation Area (sf) (ef) 383.2 382.65 0 0 1600 17318 42309 72255 88384 0 384 9245 3699 3699 385 23385 16315 20014 386 28072 25729 45743 387 33208 30640 76383 387.5 36250 17365 93748 Basin volume are: shown above. 386.48 and "387.50 appear to be the low points oft the spillways that drain to the east parallel to the railroad tracks, in the surveyed and design basins, respectively. The elevation difference could be that different control points or datums were used by the different survey crews. Asy you can see, the basin is roughly 94%0 of the capacity of the design basin. There appears to be adequate room for the Melhorns to raise the spillway and the berm a couple ofi inches to gain the volume that was anticipated within the design. Michael Bingham, P.E. Assistant Vice President Office: 717.569.7021. x2074 Direct: 717.560.5074 opvarpcnsultinscom ARRC NOTE This electronic message may contain PRIMLEGED AND CONFIDENTIAL INFORMATION intended only! fort the use oft the addressee(s) named above you are not the intended recipient ofu this alectronic message. ort the emp'oyae or agentr responsible for delivering ittot thei intended recipient,) youl have not legal I righttor readt this message and are! hereby notified that any dissemination, copying or disciosure ofthis message is sirictly prohibited. tyou have receivedt this messagei ine error, please notifyt the sender immediately viar replye electronic message then delete the original message. 1 1Hal ARRO CONSULTING, INC. SCHEDULE OF HOURLY RATES AND CHARGES FOR PROFESSIONAL SERVICES BOROUGH OF MOUNT. JOY, LANCASTER COUNTY, PA Calendar Year 2022 I. COMPENSATION FOR PERSONNEL SHALL BE IN ACCORDANCE WITH THE FOLLOWING HOURLY RATES: CLASSIFICATION POSITIONS 1 2 3 4 5 6 7 8 9 10 HOURLYRATE 62.00 76.00 102.00 130.00 144.00 159.00 171.00 184.00 191.00 197.00 OFFICE & FIELD SUPPORT TECHNICIANS DESIGNERS PROJECT TECHNICIANS PROFESSIONALS, SPECIALISTS PROJECT PROFESSIONALS, SENIOR PROJECT TECHNICIANS SENIOR PROJECT PROFESSIONALS, PROJECT SPECIALISTS SENIOR PROFESSIONALS, SENIOR PROJECT SPECIALISTS MANAGING PROFESSIONALS MANAGING PRINCIPALS II. COMPENSATION FOR EXPENSES AND OTHER CHARGES SHALL BE AS FOLLOWS: MILEAGE FEDERAL ALLOWABLE VEHICLE REIMBURSEMENT RATE COMMERCIAL TRAVEL/LIVING EXPENSES DATA PROCESSING & DUPLICATING WORK OUTSIDE SERVICES NETCOST NET COST PLUS 15% SCHEDULE: SUPPLIED UPON REQUEST III. TECHNOLOGY SURCHARGE WILL BE APPLIED TO COVER LICENSING FEES/ UPGRADES FOR COMPUTER-RELATED SERVICES (GIS, CADD, GPS, SURVEYING, HYDRAULIC MODELING, AND OTHER PROPRIETARY SOFTWARE). IV. STATEMENTS WILL BE RENDERED MONTHLY AND ARE PAYABLE UPON RECEIPT. V. CERTIFICATES OF INSURANCE COVERAGE WILL BE SUPPLIED UPON REQUEST. VI. EXCEPTIONS TO OR DEVIATION FROM ANY OF THE FOREGOING TERMS SHALL BE VALID ONLY AS SPECIFICALLY AND MUTUALLY AGREED UPON. VII. CHARGES ARE SUBJECT TO REVISION. All services performed by ARRO are performed in accordance with and subject to the attached Standard Terms and Conditions. ARRO expressly rejects any other terms and conditions which may be presented to it, including any presented as part of a municipal appointment. Any changes to these Standard Terms and Conditions shall be mutually agreed toi in writing. 12/21 ARRO CONSULTING, INC. SCHEDULE OF HOURLY RATES AND CHARGES FOR PROFESSIONAL SERVICES POSITION CLASSIFICATION SUPPLEMENT BOROUGH OF MOUNT JOY, LANCASTER COUNTY, PA Calendar Year 2022 CLASSIFICATION 1 2 3 4 5 POSITION DETAIL OFFICE & FIELD SUPPORT: TECHNICIANS: DESIGNERS: PROJECT TECHNICIANS: PROFESSIONALS: SPECIALISTS: PROJECT PROFESSIONALS: Engineer III, GIS Analyst III, Planner III, Scientist III SENIOR PROJECT TECHNICIANS: SENIOR PROJECT PROFESSIONALS: PROJECT SPECIALISTS: SENIOR PROFESSIONALS: Engineer V, GIS Analyst V, Planner V, Project Manager II, Scientist' V SENIOR PROJECT SPECIALISTS: Senior Engineering Specialist, Operations Consultant' V MANAGING PROFESSIONALS: Senior Planner, Senior Project Manager, Scientist VI MANAGING PRINCIPALS: Vice President CADD Clerk, Engineering Intern, Secretary I, Secretary II, Secretary III, Secretary IV Administrative Assistantl I, Administrative Assistant II, CADD Operator I, CADD Operator II, Engineering Technician I, GIS Technician I, Operations Consultant: I, Resident Project Representativel Administrative Manager, Designer I, Engineering Technician: II, Resident Project Representative II Designer II, Engineer I, Engineering Technician II, GIS Analyst I, GIS Technician II, Grant Specialist, Planner: I,F Project Administrator, Resident Project Representative! III, ScientistI Engineer II, GIS Analyst II, Planner II, Scientist II Designer III, Engineering Technician: IV, Operations Consultant II, Resident Project Representative IV 6 Designer IV, Engineering' Technician V, Operations Consultant. II, Specifications Writer Engineer IV, GIS Analyst IV, Planner IV, Project Manager I, Scientist IV 7 Computer Services Manager, Design Manager, Engineering Specialist, Operations Consultant IV 8 9 10 Assistant Vice President, Chief Engineer, Engineer VI, GIS Manager, Operations Consultant VI, Chief Executive Officer, President, Executive Vice President, Senior Vice President, 12/21 ARRO CONSULTING, INC. STANDARD TERMS AND CONDITIONS 1. OPINION OF PROBABLE COSTS Opinions of probable construction: andr relatedo costs, financinga anda acquisition of landa andr rights-of-way prepared by ARRO representi itsj judgmenta as a design professional anda ares supplied fort the general guidance oft the Client. Since ARROI has no controld over cost ofl labor, materials, equipment ors services furnished by others, over contractors' methods of determining prices, over costs off financing, acquisition ofk land or rights-of-way or over competitive bidding, market or negotiating Allr reports, plans, specifications, drawings, field data, notes, formulae, calculations, codes, computer programs anda any other documents usedi int thep preparation of thev work hereunder or deliveredt tot the Client hereunder, includinge electronic ord digitized versions thereof, arei instruments ofs service ofA ARRO ands shall remain the property ofA ARRO. Client has the rightt tou uset the work delivered hereunder fora ani indefinite period oft time fort the purposes outlinedi int this Agreement. However, workf furnished byA ARRO hereunder, whetheri ind document form or electronic or digitized versionst thereof, arer not to ber reused byt the Client or any other person or the entityf for extensions oft thep project for which they were prepared or ona any other project. Any reuse oft thec documents ort their electronic or digitized versions without specific written verification ora adaptation by ARRO willl bea att the Client'ss sole riska andy without liabilityt toA ARRO, and Client shall hold ARROI harmless from any claims or ARRO has used itsp professional; judgmenti ine establishing the scope ofs services and feet fort thisp project, given thei information provided! by the Client or known to ARRO about the project's nature and risks and current laws, codes, regulations, standards andp permit conditionsi ine effect thirty (30) days prior tot thec date oft this proposal/Agrement. Occurrences or discoveries that were not originally contemplated by ork known to ARRO shall constitute changed conditions ands shall requirea an equitable adjustment in scope, schedule and/or fee under this Agreement. IFARRO should requesta ana adjustment tot this Agreement, ARRO shalli identifyt the changed conditions and the Client shallp promptly andi in good faith enteri into ar renegotiation oft this Agreement. Ifthe Client refuses tor renegotiate, ARRO may terminate this The Client or ARRO may, from time tot time, during the course oft the work request changes or modifications int the" "Scope ofs Services" to bep performed hereunder. Such changes and/or modifications, including anyi increase or decrease int the amount of ARRO's compensation, which arer mutually agreed upon between the Client andA ARRO, shall bei incorporatedi in written amendments tot this Agreement. Int thee event the Client desires additional work performed, which isnot covered byt the proposal and/or Agreement, thep parties shalle execute ana amendment tot this Agreement, and ARRO shall bep paidf for the additional work in accordance witht thet terms Int thee event of delayst throughr not fault ofA ARRO, the Cient shall pay allo costs which! have been reasonablyi incurred by ARROi ins suspending thes services including all costs incurredi in reactivating thes services. Thisi isi ina addition to compensation fors services performed and costs incurred priort tos suspension. ARRO warrants thati its shalle exert the degree of care ands skilli int the performance ofi itss services normally exercised! bys similar professionals under similar circumstances. This warranty isi ini lieu ofa ande excludes all other warranties whether express ori implied, by operation ofl lawo or otherwise, including any warranty of fitness for ARRO's liability tot the Client for losses, injuries, damages ore expenses arisingf from ARRO's services under this Agreement andv which arec covered by ARRO's liability insurances shall! bel limited tot the then remaining! limits ofA ARRO's applicable liabilityi insurance coverage(s). For any other losses, injuries, damages or expenses arisingf from ARRO's services, Client agreest that ARRO's total aggregate liabilityt therefore shall note exceedt the amounto ofA ARRO's service revenue under this Ina addition, the Client agrees to extenda any anda alll liability! limitations andi indemnifications provided byt the Client to ARRO tot thosei individuals and entities ARRO For purposes of this Agreement the term" "liable" and" "liability" shall mean liability ofa any kindt thatr may bef found tor rest upon ARRO, whether arising from the negligence of ARRO, its subcontractors, agents ore employees, breach of warranty, breach ofc contract, strict ora absolute liability and/or any other cause. Neither ARRO nor Client shall be liablet to thec other for any consequential damages incurred duet tot thef faulto oft the other party, regardless oft ther nature oft this fault or whether it was committed by ARRO ort the Client, their employees, agents, subconsultants ors subcontractors. Consequential damagesi include, but arer not limited Int thee eventt thatp payment isr not made within thirty (30) daysf from date ofb billing, interest willl be charged at the rate of one percent (1%) per month, ort ther maximum ARRO will not conduct patents searches int the performances ofi itss services anda assumes nor responsibility orl liability for any patent or copyrighti infringement arising therefrom. Nothing contained hereins shall bec construed asav warranty or representation that anything made, used or sold arising out of the services provided fort the Ifp payment ofA ARRO's invoices is notr maintained asp pert thel Terms ofP Payment setf forth herein, ARRO may bys seven (7) days written notice to the Client suspend further services without liability until the Client has paidi inf fulla alla amounts due ARRO ona account ofs services rendereda and expenses incurred, including interest on past due invoices. Suspension exceedingr ninety (90) days shall, atA ARRO's option, make this Agreement: subject to renegotiation or termination. Any suspension shall This Agreement for ARRO's services may bet terminated bye either party upont thirty (30) days prior written notice to the other party. Int the event oft termination, ARRO shall be compensatedi for services performeda ande expenses incurred upt tot the date oft termination, plus reasonable actual costsi incurred by ARRO asa ar result ofa This Agreements shall! be binding upon thep parties andt their respective successors: and assigns. ARRO may employs suchi independent consultants, associates and subcontractors asi itmayo deem appropriate. Nothing int this Agreement shall bec construed to give any rights orb benefits to anyone other thant the parties. conditions, ARRO does notg guarantee that anys such opinions will not vary from actual costs ord contractors' bids tot the Client. INSTRUMENTS OF SERVICE damages resultingf from such reuse, including claims ofi infringement ofp proprietary information. CHANGED CONDITIONS Agreement. ADDITIONAL WORK ando conditions fore extra work ass setf forthi int the Agreement. DELAYS WARRANTY ANDI REMEDY particular purpose. Agreement. retains forp performance oft thes services under this Agreement, including ARRO's subconsultants andt theira assigns. CONSEQUENTIAL DAMAGES loss of use and! loss ofp profit. TERMS OFF PAYMENT amount permitted byl law. 9. PATENTS to, projecty willb bef freef fromi infringement of patents. 10. SUSPENSION OF SERVICES 11. TERMINATION termination! by the Client. 12. SUCCESSORS AND ASSIGNS extend thet time schedule forp performance inar mannert thati iss satisfactory to ARRO. Pagelof2 ACIST&C June 2007 13. SEVERABILITY ANDI REFORMATION 14. EMPLOYEEI LIABILITY 15. FORCE MAJEURE 16. ENTIRE AGREEMENT Any provision or part thereof of this Agreement heldt to bev void ory unenforceable under any! law or order of courts shall be deemed stricken, and all shall continue tob bev valida and binding upon the Client andA ARRO. Ina addition, thep parties agreet that this Agreements shall ber reformed tor replaces suchs remaining stricken provision(s) orp part(s) thereof with av valid ande enforceable provision(s) which comes as close asp possible to expressing thei intention oft the stricken provision(s). The Client acknowledges that ARRO isa corporation anda agrees that any claim made byt the Client arising out of any act orc omission ofa any director, officer or employee ofA ARROi int thee execution orp performance oft this Agreement, shall ber made against ARRO andr nota againsts such director, officer ore employee. Client and/ ARRO agree thatt there shall be nol liability ont thep part ofe eitherp party fora any failure or delayi int thep performance of any obligations hereunder resulting from any cause beyondt their reasonable control, including, butr notl limitedt to: acts of God; acts ord omissions ofc civil or military authority; acts ord omissions of contractors or suppliers; fires; floods; epidemics; quarantine restrictions; severe weather; strikes; embargoes; wars; political strife; riots; delaysi int transportation; compliance with any regulations or directives ofa any national, state, local, orr municipal governments ora any department thereof; fuel, power, materials orl labor shortages. This Agreement, uponi its acceptance by the Client, shall constitute thee entire andi integrated understanding! between the parties and supersedes all prior and contemporaneous negotiations anda agreements, whether oral orv written, with respect tot thes subjectr matter herein. This Agreement may bea amended ARRO's scope ofs services does noti include any services related to asbestos or hazardous ort toxic materials. ARRO: shall have nor responsibility undert this Agreement to determine thee existence, location, quantity, type or composition ofa any! hazardous ort toxic materials that maye exist at the site. Int thee event ARRO or other encounters asbestos or hazardous ort toxic materials att thes site, ors should it become knowni in any way thats such materials mayt bep present att the site any or adjacent party areas that may affectt the performance ofA ARRO's services, ARROr may, ati its optiona andy without liabilityf for consequential or other damages, suspend performance any of services ont the project untilt the Client retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove thea asbestos or hazardous ort toxic Inconsideration oft thes substantial risks toA ARROi inp performing Phasel Ia and Phase IIe environmental assessment: services, the Client agrees, tot ther maximum extent permitted byl law, toi indemnify and hold harmless from any damage, liability ord cost, including reasonable attorneys" fees and costs of defense, out ofo resultingf from the performance ofs services under this Agreement orr relatedi ina anyr manner whatsoever tot thee existence, identification, release arisingo hazardous or toxics substances, except those damages, liabilities or costs arising directlyf from thes sole negligence orv willful misconduct of ARRO. The Phase IIe environmental assessment is beingo conducted solely to permit ARRO tor render aj professional opinion ont thel likelihood ofr regulated contaminants being present on, in, or beneath thes sitei identifiedi int the Agreement att thet time thes services arer rendered. Cient acknowledges and understands that thef findings derivedf from ap Phasel IIe environmental assessment: arell limiteda and that ARRO cannot know or state as ana absolute factt thatt thes sitei is unaffected! by reportable quantities ofr regulated contaminants. Furthermore, eveni if ARRO believes, ini its professional opinion, that reportable quantities ofr regulated contaminants arer not present at thes site, Client still bears the risk thats such contaminants may bep present orr may migrate tot thes site aftert thes study is completed. Client's acceptance oft this Agreements shalle evidence that Client understands the risks associated witht the Phase II environmental: assessment and, inc consideration of ARRO top provide these services, Client agrees, tot ther maximum extent permitted by! law, tov waive any claim against ARRO anda agrees to defend, indemnify, agreeing hold ARRO! harmless from any damage, claim, liability, or cost, including reasonable: attorneys' fees and costs ofc defense, fori injury ork loss which may arise and! out ofor result from anya alleged contamination ore existence of hazardous material discovered att thes site orp performance of services under this Agreement or related in manner whatsoever tot thee existence, identification, release or disposal of hazardous ort toxic substances, exceptt those damages, liabilities or costs Alls substances on, in, orb beneath the Client's sitei identifiedi int the Agreement, ord obtained fromt thes site ass samples or as byproducts oft thes sampling process are, ands shall remain, the Client's property. Any samples orb byproducts of thes sampling process that are, ora are assumed tob ber regulated contaminants, ori in ARRO's opinion, may! bea affectedb byan regulated contaminant, will bep packagedi ina accordance witha applicable law andt these materials willl be promptly turned over tot the Client andt the Client willl ber responsible for legal disposal oft them. ARRO: shallr not have any responsibility undert this Agreement to arrange for disposal, or dispose, of materials that are, or ares suspected to be, affected byr regulated contaminants, Clients shalls sign allr manifests fort the disposalo ofr regulated contaminants ors suspected regulated contaminants. ARRO will not, under any circumstances, bec consideredag generator, transporter, or disposer oft ther materials affected by regulated contaminants. Because involvement witht the Client's contaminated: samples cane expose ARROL toc considerable risks, Client tot the maximum extent permitted by! law, tov waive any daim againstA ARROa anda agreest toc defend, indemnify, and! hold ARRO harmless from any agrees, claim, ord cost, including reasonable attorneys' fees and costs ofc defense, fori injury or loss which may arise outo ofc or result from ARRO containing, damage, labeling, transporting, liability, testing, temporarily storing, ando other handling oft the Client's contaminated: samples orp performance ofs services under this Agreement orr relatedi ini anyr manner whatsoever tot thee existence, identification, release or disposal of hazardous or toxic substances, exceptt those damages, liabilities or costs Samplingr may result inu unavoidable cross- contamination of subsurface: areas, such asv when a probe or boring penetrates through a contaminated areai into an aquifer, underground: stream, ord other hydrous body notp previously contaminated. Client acknowledges and understands that/ ARRO cannot, due care, completely eliminate this risk. Becauses samplingi is ane essential element of the Phase! IIe environmental: services covered by this Agreement despite and expose ARRO to considerable risks, Client agrees,t to ther maximum extent permitted by! law, tov waive any claim against ARRO anda agreest to defend, indemnify, can and holdA ARROI harmless from any damage, claim, liability, or cost, including reasonable attorneys' fees and costs of defense, fori injury orl loss whichr out of or resultf from any cross-contamination. allegedly caused bys sampling orp performance of services under this Agreement or relatedi ina any manner may whatsoever arise tot thee existence, identification, release, or disposal of hazardous ort toxic substances, exceptt those damages, liabilities or costs arising directiyf from the sole Nothing contained int this Agreement shall create a contractual relationship with ora a cause ofa action int favor ofat third party against either the Client or ARRO. ARRO's services under this Agreement arel being performed solely for the Client'st benefit, andr no other entitys shall have any claim against ARRO! because of this Agreement or the performance or nonperformance ofs services hereunder. The Client agreest toi incude ap provisioni ina allo contracts with contractors and other entitiesi involved int this Thel laws oft the Commonwealth ofF Pennsylvania shall govern the validity oft this Agreement, itsi interpretation and performance. Any litigationa ina any way from provisions writteni instrument: signed by both parties. 17. ASBESTOS ORI HAZARDOUS OR1 TOXIC MATERIALS only bya materials, and warrant that thes sitei is inf fullo compliance with applicable laws and regulations. 18. PHASEI&I PHASE IE ENVIRONMENTAL: SERVICES ort orc of disposal REGULATED CONTAMINANTS any arising directly fromt thes soler negligence or willfulr misconduct ofA ARRO. SAMPLING BYPRODUCTS from the exercising soler negligence orv willful misconduct ofA ARRO. CROSS CONTAMINATION arisingo directly negligence orv willful misconduct ofA ARRO. 19. THIRD PARTYI BENEFICIARY project toc carry outt thei intent oft this paragraph. 20. GOVERNINGI LAW this Agreement shall bet broughti int the Courts of Common Pleas ofP Pennsylvanial havingj jurisdiction. arisingi Page2of2 ACIST&C June 2007 1Ya.a ARRO CONSULTING, INC. TERMS AND CONDITIONS 1. SCOPE OF SERVICES ARRO shall perform all serviçes generally associated with the office of Borough Engineer. include, but shallnot be limited to, reviews of applications and plans filed ynderthe Subdivision Such Development Ordinance and Storm Water Management Ordinance; inspection of improvements andland developers pursuant to approved, subdivision. and land development or storm, water management installed plans; by toquestions by Borough staff; attendance (when requested) at meetings with Borough Councl,Coundi responding plans Committees, and specifications Boroughi Planning for Borough Commission; projects Borough, to include Zoning road maintenance, Hearing Board road) and/or yesurfaçing, Borough staff, and preparation. of storm water. management, and similar matters; surveyinga and plan preparation for grant proposals; curb or sidewalk, other specifiç serviçes as reguested: and authorized. Opinions of probable construction and related costs, acquisition of land and rights-of-way, prepared byARRO represent its judgment as a design professional financing. and'are and supplied for the general guidançe of the Client. Since ARRO has no control over cost of labor, materials, equipment or services furnished by others, over contractors' methods of determining, prices, over costsof does financing, not guarantee acquisition, that of land or rights of-way or oyer competitive. bidding, market or negotiating, çonditions, ARRO Following Client's payment off fees for services rendered to ARRO, all drawings, calculations, plans specifiçations are, and shall become, the property of the Client. However, the aforesaid items are not to! other projects except by agreement with ARRO. ARRO's approval shall not be unreasonably be withheld. used by the Client agrees to hold, harmless, indemnify, and defend, ARRO against all damages, reasonable attorneys' fees arising out of àny reuse of the plan and specifications. calms, losses, induding ARRO, at Client's request and upon proper remyneration, will furnish. copies of Drawingsand: Specifications on Eléctronic Medja. Since ARRO has no control over thé stability of such Electronic Media, or dompatibility to Client other system hardware or software,any use or reuse by.Client or pther parties authorized Client, Client's sole risk. Client agrees to hold harmless, ndemnify and defend ARRO against all gamages, by daims shall beat including defense costs, àrising out of any use Ofthe Electronic Media. Client's sole or omissions, within thirty (30) days of réceipt of Electronic Media, whether, discovered remedyupon in Electronic discovery Media or of errors; copies derivéd from such media, shall be thé reissue by ARRO of updated Electronic Media. Int the event of delays through no, fault of ARRO, the Client shall pay all çosts which have been inçurred by ARRO in suspending the serviçes including all costs incurred in reactivating the services. reasonably Thisis in addition to compensation for services performed and costs incurred prior to suspension. ARRO warrants that it shall exert the degree of care and skill in the performance of its services normally bysim lar professionals, under similar circumstances. This warranty isi in lieu of and, excludes all whether express or implied, by operation of law or otherwise, including any warranty of fitness for pther Client agrees, to limit ARRO'S liability to the Client, owner, and to all construction contractors and subcontractors. on the project, due to ARRO'S negligent açts,, errors,,or omissions such that the total aggregate those naméd shall not exceed7 ARRO'S limits of lability insurance (see attached Certiriçates of Jabilityof Liability Insurance ARROtoall limits). Each poliçy of liability insurance (except proféssional, liability insurance) shall (1) include Gienta as an for additional insured; and, (), contain in, the Certificate of Liability Insurançe for such policies a coyerage afforded shall hot be cançeled, materialy changed. or renewal refused until at least provisiont thirly (30) written notice has been given to Client. The Certificate oF Liability, Insurançe pertaining to liability insurance shall, çontain a provision thata30-day Notice of Cancellation will be issued Clentsprofessionsl in accordance services shall any such opinions will not vary from actual costs or contractors' bids tot the Client. 2. OWNERSHIP OF DOCUMENTS ands Cliento on and with and! losses, printed 3. DELAYS 4. WARRANTY AND REMEDY warranties exerçised particular purpose. that the days prior with policy terms and conditions. 5. CONSEQUENTIAL DAMAGES of use and loss of profit. 6. TERMS OF PAYMENT 7. PATENTS Neither ARRO nor Client shall bel liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of this fault or whether itv was committed ly ARRO or the employees, agènts, subconsultants or subcontractors. Consequential damages Include, but Cient limited their are notl to, loss In the event that payment is not made within thirty (30) days from date of rate of one percent (1%) per month, or the maximum amount permitted by billing, law. interest will be charged at the ARRO will not conduct patent searches int the performances of its services and assumes no warranty or represehtation that anything madé, used or sold arising out of the services or asa for any, patent or copyright infringement arising therefrom., Nothing contained herein shall be responsibility construed liability willl bet free from infringement of patents. provided for the project Pageiof2 8. SUSPENSION OF SERVICES Ifpayment of ARRO's invoices is not maintained as per the Terms of Payment set forth herein, (7)days written notice to the Client suspend further seryices without liability, until the Client has ARRO! inj may, full by, seven àmounts due ARRO on account of services rendered and expenses inçurred, Including interest on paid past due all invoices, Suspension, exceeding ninety(90) days.shal, at ARRO's optjon, make Agreement renegouation or termination. Any suspehsion shall exténd thet time schedule for this performance in a subject manner to that satisfactory to ARRO. 9. TERMINATION incurred Is This the other Agreement party, for In the ARRO's eyent services of may terminated ARROshall either compensatedf party upon for thirty services (30) days prior written notice to the Client. up the date of termination, plus reasonable actual costs incurred by ARRO as a result ofat termination by This Agreement shall be binding, upon the parties and their respective suçcessors and assigns, employ such independent consultânts, associates and subcontractors as it may deem appropriate, ARROmay in this Agreement shall be construed to give any rights or benefits to anyone other than the pàrties. Nothing Any,provision or part thereof of this Agreement held to be yoid or ynenforçeable under any law ororder of court be deemed stricken,. and all remaining provisions shall continye tol be valid, and binding.upon the Cljent ARRO. shall Ina addition, the parties agree that this Agreement shall be reformed to replace such stricken provision(s) and7 or. thereof with avàlid, and enforceable provision(s) which comes as close as possible to performed Pe and expenses to E 10. SUCCESSORS AND ASSIGNS 11. SEVERABILITY AND REFORMATION the Intention part(s), stricken provision(s). 12. EMPLOYEE LIABILITY expressing of the out The of Client act acknowledges that ARRO is a corporation and agrees that any claim made by the Client any or omission of any director, officer or employee of ARRO in the execution or performance arising of this Agreément, shall be made against ARRO and not against such director, officer or employee. Client and ARRO agree that there shall be no liability on the part of either party. for any failure or delay in performance of any obligations hereunder resulting, from any cause beyond théir reasonable not limited to: acts of God; acts or omissions of CVI or militàry authority; actsor omissions of çontrol, contractors. including, or but suppliers; fires; floods; epidemics; quarantine restrictions; severe weathèr; strikes; embargoes; wars; political strife; riots; delays in transportation), compliance with any regulations or, directives of any national, municipal governiments or àny department thereof; fuel, power, materials or labor shortages. state, local, This Agreement, upon its acceptance by the Client, shall constitute the entire and integrated understanding betweèn the parties and supersedes any prior and' contemporaneous negotiations and agreements, whether 13. FORCE MAJEURE the or 14. ENTIRE AGREEMENT signed by both parties. written, with respect to the' subject matter herein. This Agreement may be amended a written instrument oral or only by 15. ASBESTOS OR HAZARDOUS OR TOXIC MATERIALS ARRO's scope of services does not include any services related to asbestos or hazardous or toxic materials. ARRO shall have no responsibility under, this Agreemient to determine the existence, location, quantity, type or composition ofany hazardous or toxic materials that may exist at a site., Inthe event ARRO or any other asbestos or hazardous or toxic materials at the site, or should it become known inany way that party such encounters materials be present at, the site or any adjacent areas that may affect the performance of ARRO'ssérviçes, ARRO option and without liability for consequential or other damages, suspend performançe of services, on may, at its' until the Client retains appropriate speçialist çonsultant(s),or contractor(s),to Identify, abate. and/or, the project asbestos or hazardous or toxic materials, and warrant that the site isi in'full compliance with may remove laws the and applicable regulations. 16. THIRD PARTY BENEFICIARY Nothing contained in this Agreement shall create a contractual relationship with or a cause of action ini third party against either the Client or ARRO, ARRO's serviçes under this Agreement are being, for the Client's benefit, and no other entity shat have any claim against ARRO because of this performed or solely thé fayor of a Agreement performance or nonperformance of servicés hereunder. 17. GOVERNING LAW of Common Pleas. The laws of the Commonwealth of Pennsylvania shall goyern the validity oft this Agreement, its performance, Any litigation arising in any way from this Agreement shall be brought ini thel Lancaster interpretation and County Court Page 2of2 19P CHIQUES CREEK WATERSHED ALLIANCE 2022 WATERSHED EXPO When: JUNE 7, 2022 5:30-8:00 PM Where: Manheim Farm Show Complex FREE FAMILY EVENT!! FREE ICE CREAM AND DRINKS!!! donated by Kreider Farms COME LEARN ABOUT YOUR WATERSHED! Exhibitors include: Highlights: Penn State Agriculfure and Environmenlal Center Chesapeake Bay! Foundation Lancaster County Master Gardeners Lancaster County Conservancy Lancaster County Parks & Recrealion Lancaster County Conservation District-Spolted Lanternfly display Wood duck display ..and many others! Explore and tour the new Memorial Park Check out creek creatures Rain Barrel giveaway Make al fish printt-shirt Native plants and frees giveaway Tryt the Collec-a-Slamp challenge Beekeeping display Fish stocking Food frucks Song Smith Enterlainment Various workshops and demonstrations .and: 50 much more! *Please notet that parkingi isl limited duet to current Highs School Construction.. Additional parking available: att the! Manheim Central Middle School across the CoveredE Bridge. LANCASTER ONSER Chiques Creek Watershed. Alliance 971 North. Penryn Road, Manheim, PA (717)665-4508 ihguesrehuater.hacon Check us out on Facebook! 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