MOUNT JOY BOROUGH COUNCIL August1,2022, Minutes  The Mount Joy Borough Council held its regular meeting on August 1, 2022.  President Hall called the meeting to order at 7:00 PM.  Roll Call- Present were Councilors, Dominic Castaldi via Zoom, David Eichler, Lu Ann! Fahndrich, Bruce Haigh, Eric Roering, Bob Ruschke, Brian Youngerman via Zoom, President Hall and Mayor Bradley, Jr. Staff present were Assistant Borough Manager/Finance Director, Jill Frey; Public' Works Director, Dennis Nissley; Police Chief, Robert Goshen and Administrative Assistant, Lisa Peffley. Absent were Councilor, Mary Ginder; Borough Manager, Mark G. Pugliese 1; and Codes and Zoning  Officer, Stacie Gibbs.  Mayor Timothy Bradley, Jr gave thei invocation, and the Pledge of Allegiance followed.  President Hall said there willl be an Executive Session at the end oft tonight's meeting to discuss a personnel matter. On a MOTION by Eichler, and a second by Roering, a request was made to accept the agenda for the August 1, 2022, Borough Council meeting. An AMENDMENT by. Roering, and a second by Ruschke, a request was made to strike Item John Teleky, 141 New St., said that ever since 772 gotr re-routed to Marietta Ave., thet traffic comes down pastt thel Firehouse, down past New Haven St., down to Marietta Ave. and they apply jake brake all day long. He asked ift there is anything that Bob Jerman, 840 Terrace Ave. said there were two things on the agenda he wanted to comment on. The first thing was the possibility of purchasing a car for the Manager to drive around. He does not understand the reasoning for that andi feels this will open up to a can of worms with others wanting a company car. He also feels iti is not fiscally responsible. Second thing was a Public Safety Committee item, regionalization of the police. He feels it should be looked at and it could cut a huge cost for the new building. Also, he asked if Council is looking ahead to the cost of a Police program int the future. He asked if Council is ever going to tell the public what it is going to cost them for the new building and any potential tax Dale Murray, 120 Farmington Way, said at few meetings ago the Mayor had suggested using thel Parks Department for the Police Station and building a pole barn to house the Parks Department equipment. He feels this was a great idea that did not get any real discussion. However, the Ad Hoc Committee did give an estimate of the cost to do this, and it came back at $8.9M. Instead of being the economical alternative that it should have been, he feels it came back extremely padded instead. He presented his own estimate to Council. He said it looks tol him like a $4M project instead of a $9M project. He Josh Deering, 33 Frank St., said on item 11C, car for the Borough Manager, that after hours there would be other Borough vehicles available for him to use. He said ift there is concern using his personal vehicle during the typical business day, that the Borough should look att the Borough's liability policy and do some type of rider that he would be covered in his personal Kelly McKinne, 220 Midway Rd., said he wanted to discuss the motion to adopt the ordinance regarding the keeping of animals and animal nuisances and to revise enforcement penalty provisions. He said he has been in the Borough for approximately three years and has seen a fair number of stray cats. He said he has a degree in wildlife biology and did a Master's thesis on feral and free rooming cats. He said he has done extensive research and talked to veterinarians in different states. He said there are way too many feral cats running around right now and something must be done abouti it. He said that a multitude of cats in a somewhat urban environment promotes the exchange of diseases. He talked to his neighbor who has young kids and is pregnant and is concerned with cats leaving feces in her yard and flower beds. He said there is a virus people can getf from cat feces called toxoplasmosis. This can cause complications in a pregnancy and Heather Grady, 210 Mount Joy St., said she does TNR in the Borough and last year she did 45 cats. She said she was contacted by al Borough resident to do TNRI but she later received a call saying she needed to stop feeding thet feral cats or she would be fined. By not feeding the cats she is unable to catch them to have them spayed or neutered. She said as far  11A from the agenda. Amendment adopted. Main Motion carries as amended.  Public Input Period can be done about that.  increases.  feels the discussion should not be over.  vehicle during those hours.  delivery.  1    as the feral cats wearing collars and proof of rabies vaccine, they cannot wear collars, sO the tipping of the eari is the only way to tell if the feral cat has rabies vaccine and has been spayed or neutered. She is trying to help curb the feral cat problem int the Borough by doing TNR. She wants tol know how she is to go about continuing the TNR and whether she is Jeannette Goehring, 313 W. Donegal St., said she manages a feral cat colony in her garden, and they pretty much stay in that area. She suggested maybe ity would be more constructive to have al Mount Joy TNR clinic or a Mount Joy Day with a Vet where locals could bring the feral cats to have them spayed or neutered. She said maybe this could be subsidized or Nora Rivera, 408 S. Plum St., said shet feeds 2 feral cats that they live on her deck and roam around a little. She said she has tried to get them to go inside but they are not comfortable with that. She said she does not feel like her neighbors should be allowed to shine big flashlights inl her yard late at night, and early morning. She said they reported her and al lady from the Borough came and said she would bet fined if she continues to feed the feral cats. She said her and others on her James Elvin, 14 Marietta Ave., said hel has had bad experiences with feral cats in his area. They come up on his porch and urinate on it. Hel had to put chicken wire up tol keep them off. The one night he was almost attacked by one oft them when he was trying to get them to go away. He said it was very nasty. He said they are one of the only animals that kill for Jon Nace, 514 Creekside Ln., said he agrees with the gentlemen before him. He said his dog cornered one andi its scratched him in the face. He said they tear up his trash, poop in his yard and walk over his vehicle leaving paw prints. He said the Mayor Bradley provided a written report for July 2022. The mayor thanked Pugliese and Borough staff who helped to Robert Goshen, Police Chief, provided a written monthly report for. June 1, 2022, to June 30, 2022. The report showed 56 traffic arrests and 28 criminal arrests for the month. There was ai total of 629 incidents for the month of March, with at total  going to bet fined or not.  by donation.  street never knew that they could noti feed the feral cats.  recreation.  smell is bad when he opens windows from the cats relieving themselves in his flower beds.  Report of Mayor  organize Mount Joy Day at the Barnstormers. He said itv was a great evening.  Report of the Chief of Police of3,605 incidents year to date.  Report of Fire Department Mount Joy (FDMJ)  Matt Gohn, FDMJ Fire Chief, provided and reviewed a written monthly report for. June 2022.  Report of PSHLife Lion No Report Northwest EMA No Report Report of EMA  Mayor Bradley provided a written report. Report of Milanof-Schock Library (MSL) Report of Codes and Zoning Officer Report of Public Works Director Report of the Borough Authority Manager  MclIhenney provided a written report for. July with the. June statistics.  No Report  Dennis Nissley, Public Works Director, provided a written report for. July 2022. Joseph Ardini, Authority Manager, provided a written monthly report for July 2022. Report oft the Assistant Borough Manager/Finance Officer Jill Frey, Assistant Borough Manager/Finance Officer, provided a written report for July 2022.  2    Report of the Borough Manager  Mark G. Pugliese I, Borough Manager, provided a written report for. July 2022. meeting held on July 11, 2022, with two corrections. Motion carries unanimously.  Approval of the Minutes of the Previous Meeting  On a MOTION by Roering, and a second by Eichler, approval was given for the minutes of the regular Borough Council Deering reported that Crabtree had met with heads of all the departments and as a result of those meetings, they were able tor reduce the size by approximately 1,000 square feet to around 19,000 square feet. They are stilli in the schematic phase; the property survey is complete, and the deed restriction was discussed. They arei ini the process of doing the: zoning review and information. They should have the cost breakdown and some schematics done by August 8, because that is the deadline for the RACP for the Manager to get that submitted. They will have that information for review at the Ad Hoc On a MOTION by Roering, and a second by Ruschke, a request was made to authorize the Borough Manager to draft and send al letter tot thel Lancaster County Tax Collection Bureau advising that Council does not object to the sale ofF Parcel On al MOTION by Roering, and a second by Haigh, a request was made to authorize the purchase of a used vehicle for the Borough Manager. After some discussion among Council members regarding the reason for the request, availability to other staff and other possible options, Roering made al MOTION with a second by Ruschke, to table the motion and send it On a MOTION by Roering, and a second by Ruschke, a request was made to authorize the Borough Solicitor to advertise Ordinance 06-2022, Rezoning 14, 18, 19, and 201 North Market Street from Commercial Business District to Light Industrial, to submit the ordinance and rezoning petition to the Lancaster County Planning Commission and the Mount Joy Borough Planning Commission, and to authorize the Borough Solicitor to advertise a public hearing for the rezoning on October 3, 2022. Brian Cooley with DC Gohn gave a presentation along with Jake Newswanger representing Sporting Valley Feeds and Nick Gard, attorney with Smoker Gard Associates. One of the main concerns was if the rezoning would affect Mount Joy and its entities due to breaking the Central Business Zoning District's connection to Main Street. An AMENDMENT was made by Roering, with a second by Ruschke, that if 19 North Market Street is needed to maintain that connection with the Central Business District that it be stricken from the petition. After more discussion, a MOTION by Roering, and a second by Haigh, a request was made to table until the September meeting. Motion carries unanimously. Ona a MOTION by Roering, and a second by Ruschke, a request was made to permit the Borough Manager to apply for a Susquehanna Mutual Trust grant for first aid kits for Public Works/Parks vehicles. Motion carries unanimously. On a MOTION by Roering, and a second by Ruschke, a request was made to adopt Ordinance 02-2022 regarding the Keeping of Animals and Animal Nuisances and to Revise Enforcement and Penalty Provisions. Haigh questioned some of the definitions and some other wording in the Ordinance. Haigh made a MOTION to clean up the language. Motion died Onal MOTION by Roering, and as second by Ruschke, ar request was made to adopt Ordinance 03-2022 regarding Amending the Mount Joy Borough Code of Ordinances Chapter 226, Stormwater Management, to implement revised regulations with An AMENDMENT by Haigh, and a second by Roering, a request was made to add Amendment No. 1 Definitions  Building Ad Hoc Committee  Committee meeting on the 15th of August. Administration and Finance Committee 450-09139-0-0000. Motion carries unanimously.  back to the Administration and Finance Committee. Motion carries unanimously.  due to lack of a second. Motion carries unanimously.  the following amendments. $226-22. Definitions of terms  Section 2. The Mount. Joy Borough Code of Ordinances, Chapter 226, Stormwater Management Article II, definition oft terms  shall be amended by adding or revising the following definitions in alphabetic order. Add the following additional definitions in alphabetic order.  CONSERVATION DISTRICT- A conservation district, as defined in Section 3(c) of the Conservation District Law (3P.S.S 851(c)) that has the authority under a delegation agreement executed with DEP to administer and enforce all or a portion  of the regulations promulgated under 25 Pa. Code 102. Lancaster County Conservation District.  3    GREEN INFRASTRUCTURE Systems and practices that use or mimic natural processes toi infiltrate, evapotranspiration, LOWIMPACT DEVELOPMENT (LID): - Site design approaches and small-scale stormwater management practices that promote the use ofr natural systems fori infiltration, evapotranspiration, and reuse of rainwater. LID can be applied to new development, urban retrofits, and revitalization projects. LID utilizes design techniques that infiltrate, fiter,evaporate,and store runoff close to its source. Rather than rely on costly large-scale conveyance andi treatment: systems, LIDaddresses  or reuse: stormwater on the site where iti is generated.  stormwater throughavariety ofsmall, cost- ecivelanoscapeleaturesiocatedonsie. MUNICIPALITY -Mount. Joy Borough, LancasterCounty,Pennsyvania.  PROJECT SITE - The specific area of land where any regulated activities in the municipality are planned, conducted, or RETURN PERIOD - The average interval, in years, within which a storm event of a given magnitude can be expected to occur one time. For example, the 25-year return period rainfall would be expected to occur on average once every: 25) years; ors stated in another way, the probability of a 25-year storm occurring in any one year is 0.04 (i.e., a 4% chance). An AMENDMENT by Haigh, and a second by Roering, a request was made to add Amendment No. 2 Green  maintained.  Amendment carries.  Infrastructure and Low Impact Development  $226-2. Findings  Section XXXX. The Mount Joy Borough Code of Ordinances, Chapter 226, Stormwater Management, Article I, General Provisions, $226-2, Findings, shall be amended to add new Subsection F. which shall provide as follows: F. The use of green infrastructure and low impact development (LID) are intended to address the root causes of water quality impairment by using systems and practices which will mimic natural processed to 1) infiltrate and recharge, 2) evapotranspiration and/or 3) harvest and use precipitation near where it falls to earth. Green infrastructure practices and  LID contribute to the restoration or maintenance of pre-development hydrology.  $226-31. General Requirements.  Section XXXX. The Mount Joy Borough Code of Ordinances, Chapter 226, Stormwater Management, Article II, Stormwater Management Standards, $226-31, General Requirements, shall be amended to add new Subsection' V. which shall provide V. If methods other than green infrastructure and LID methods are proposed to achieve the volume reduction and rate controls required under this Ordinance, the SWM Plan must include a detailed justification demonstrating that the use of  as follows:  green infrastructure and LIDi is not practicable. $226-44. Additional Information  Section XXXX. Thel Mount. Joy Borough Code of Ordinances, Chapter 226, Stormwater Management, Article IV, Information to be Included on or with Stormwater management Plans, $226-44, Additional Information, shall be amended to add new G. Aj justification must bei included in the SWM Plan if BMPS other than green infrastructure methods and LID practices are proposed to achieve the volume, rate and water quality controls under this Ordinance. The municipality will not approve the An AMENDMENT by Haigh, and a second by Roering, a request was made to add Amendment No. 3 Prohibited Borough Solicitor Proposed Section 4 The Mount. Joy Borough Code of Ordinances, Chapter 226, Stormwater Management, Article Vill,Prohibitions, $226-81, Prohibited Discharges and Connections, Subsection D., shall be amended to provide as  Subsection G which shall provide as follows:  SWMI Plan unless it determines that green infrastructure and LID practices are not practicable.  Amendment carries. Discharges and Connections  follows:  4    Add the following after D. (8) (9). Air Conditioning condensate (10) Springs  (11). Pavement wash water where spills or leaks oft toxic or hazardous materials have not occurred (unless all spill material  has been removed) and where detergents are not used. (12) De-chlorinated swimming pool discharges (13) Uncontaminated groundwater (14) Water from individual residential car washing  (15) Routing external building wash down fwhich does not use detergents or other compounds)  (16) Rising ground water Amendment carries.  An AMENDMENT by Haigh, and a second by Roering, a request was made to add Amendment No. 4 Inspections Borough Solicitor Proposed Section: 3 Thel Mount Joy Borough Code ofOrdinances, Chapter 226, Stormwater Management, Article Vi,Operations and Maintenance, $226-63, Operations and Maintenance (0&M) Plan Contents, Subsection B. "Inspections should be conducted during or immediately following precipitation events of more than 3 inches or more within  Paragraph 1,Subparagraph (a) shall be amended to provide as follows:  After (a) [4] delete first sentence a2 24-hour period". Replace with:  'Inspections should be conducted during or immediately following precipitation events of more than 2.5 inches within a 24-  hour period, which represent the NOAA1 -year. 24-hour return storm event." Main Motion as amended by the four amendments carries unanimously.  Amendment carries.  On a MOTION by Roering, and a second by Ruschke, a request was made to require LCCTC to post the required financial Onal MOTION by Roering, and a second by Ruschke, a request was made to authorize staff to proceed with the RFP fora a new Refuse contract should GFL not wish to extend the current contract for 1 year and the rate dictated by the current On a MOTION by Fahndrich, and a second by Eichler, a request was made to amend Chapter 130 $130-5, A&B as Mayor Bradley led a discussion on the regionalization of the Police Department. This topic has been discussed in the past. One of the main concerns is the level of service. He said what he would be more interested in is to win contracts with other municipalities and to do more service within those areas because we would maintain the direct control over our Police Department and offsetting costs. That is the direction he would like to see the Borough go. The Chief said he has been informally approached by other municipalities about contracting the Borough's services. Once this becomes formalized, hev would approach Council to see ift there isi interest in contracting our services. He said other communities are: seeing the great feedback the Borough is getting due to our community involvement. For example, breakfast with a cop is thei first of its kind in this county and Officers are int the elementary schools reading books tok kids, along with foot patrol downtown and the interaction with the community. The Department is also involved in other programs such as raising money for Autism  security required for lot #14 of Mount Joy Township. Motion carries unanimously. Hall abstained.  refuse contract. Motion carries unanimously. Report of the Public Safety Committee proposed. Motion carries unanimously.  and Breast Cancer.  5    Report of the Public Works Committee  Haigh led a discussion regarding the Easement at 40 Donegal Springs Road for purposes of bicycle or pedestrian path. According to the Borough Solicitor the easements are no longer valid. The Public Works Committee would like to see a pedestrian walkway. They feel there is ar need to make the connection between Donegal Springs Road andi that part oft town and have access to the library. The Committee would like to have the Manager approach the owners of the property and the Solicitor to get an easement, just strictly fort the bike walk path. Haigh said hel believes iti is part of the Emerald Necklace. Ona al MOTION by Ruschke, and a second by Roering, a request was made to close Delta Street between East Henry Street and Main Street for National Night Out event scheduled for Tuesday, August 2, 2022. An AMEMDMENT by Roering, and as second by Ruschke, to close the streets from 4 PM - 10 PM. Amendment carries. Main Motion carries as amended Bob. Jerman, 840 Terrace Ave., said he agrees with the Mayor's comments on regionalization of the Police but his concern is the cost to the community and how they would continue to pay fori it. He said Mount Joy is land locked and has no room Josh Deering, 33 Frank St, said he had issues a couple of years ago with feral cats and he finally got it resolved. He commented on the feeding off feral cats in certain areas in order to TNR. He said thel last thing he would want is for someone in his area to start feeding them because of the extent he had to go through to get rid them in the past. Deering also comment on the 40 Donegal Springs Rd easement and said he thinks Council really needs tol look at that and investigate. He also commented on the large number of Right to Know Request that thel Manager is receiving and asked if they are still tracked as to the amount of time the Manger has to put into them. Deering also commented on all the amendments to agenda items. He thinks it would be good for Council to look at their Council packets when they receive them on Friday and be al little more prepared fort the meeting so there does not have to be sO much discussion right at the Council meeting. Charles Groff, 211 Frederick St., said that in the past in his neighborhood everyone chipped in about $10 and had them neutered/spayed. He said the life spani is about: 3 years and after those 3years they had no problems, and they were gone. He commented on item 11d on the agenda and his concerns about the bins and their size and what would happen if they would explode. He said int the past there was one that fell apart. His feels the Borough should purchase Lot 19 and use it for the Borough building instead of moving to the Grandview location. He likes the Borough building downtown sO people Tod Dohl, 91 E. Main St., said his biggest concern with the rezoning of 14,18, 19 and 20 North Market St. is thei increase in production times and noise. He said since they took over the mill the noise has been much better because the mill is not running 24/7. Sometimes the dryer fans are left on over the weekend and the noise is more noticeable. He hopes that James Elvin, 141 Marietta Ave., asked ifiti is necessary fort thel high-speed trains to blow their horns when they come through  unanimously. Public Input Period  for growth and the ability to get any new tax dollars.  He asked Nissley what the outcome oft the meeting regarding Route 772 re-routing.  can walk toit.  change would not affect the noise. He also commented on the feral cati issue and the Ordinance.  town. None Authorization tol Pay Bills 2022. GENERAL FUND REFUSEIRECYCLING CAPITAL IMPROVEMENTS FUND HIGHWAY AID FUND ESCROWFUND JOY LAND ACCOUNT GRAND TOTAL EXPENDITURES Motion carries unanimously.  Any other matter proper to come before Council  On a MOTION by Roering, and a second by Ruschke, Council approved paying the bills as presented from July 1-J July 31,  $ $ $ $ $ $ $  152,959.70 56,742.98 50,506.40  260,209.08  6    Meetings and dates of importance See the blue calendar for the month of August. Executive Session No decisions were made. Adjournment carries unanimously. Respectfully Submitted, uom. aDuy Jill Frey  Council went into Executive Session at 10:47PM1 for ap personnel matter. Council came out of Executive Session at 10:53PM. On a MOTION by Roering, and a second by Ruschke, approval was given to adjourn the meeting at 10:53PM. Motion  Assistant Borough Manager/Finance Officer  7