MOUNT JOY BOROUGH COUNCIL November7,2022, Minutes  The Mount. Joy Borough Council held its regular meeting on November 7, 2022.  President Hall called the meeting to order at 6:00 PM.  Roll Call- Present were Councilors, Dominic Castaldi, David Eichler, Mary Ginder, Bruce Haigh, Eric Roering, Bob Ruschke, Brian Youngerman, President William Hall and Mayor Timothy Bradley, Jr. Staff present were Borough Manager, Mark G. Pugliese 1; Assistant Borough Manager/Finance Director, Jill Frey; Public Works Director, Dennis Nissley; Stormwater, Planning & Grants Coordinator, Cody Lyons; Police Chief, Robert Goshen and Administrative Assistant, Lisa Peffley.  Absent was Councilor Lu Ann Fahndrich.  Mayor Timothy Bradley, Jr, gave the invocation and the Pledge of Allegiance followed.  President Hall announced that there will be an Executive Session at the end of tonight's meeting for a personnel matter. On al MOTION by Eichler, and a second by Roering, a request was made to accept the agenda for the November 7, 2022, Borough Council meeting. An AMENDMENT by Castaldi, and a second by Ginder to acknowledge receipt of11A Athrough M and give Counselors the opportunity to ask questions. Roll call vote, Castaldi, Eichler, Ginder, Roering, and Ruschke voting yes. Hall, Haigh, and Youngerman voting no. Amendment carries 5-3. Main Motion as amended carries 7-1, Hall David Gray, 262 Park Ave., commented on al letter he received from the Borough's Codes and Zoning Department, signed by Yvonne Sallade, regarding the car and boat repairs he does in his driveway. He said hei is not running al business; he is doing the work for his friends. He said he does not receive payment for those repairs. Gray said the letter states that friendship is ai form of payment. He strongly disagrees and is very upset about the letter. He wanted to inform Council of Ron Grose, 210 Pinkerton Rd., commented on the speeding issue on Pinkerton Road and that it needs to be addressed. He said it is still an issue even with the construction going on. Grose said he made a comment about cats that were not recorded in past Minutes. He said ify you go on Facebook and Mount Joy that everybody has a cat that does not have a license on ita and nobody knows whose cati iti is. He wants to know ift the Borough is enforcing that ori ifiti is just another law thati is out there. Grose said he also made comments about the topic of how many meetings the Boroughs should have and his comments about that were noti in the Minutes either. He still does not understand why the recording of the meetings are not available to the pubic after the meetings are over and why it takes sO long for any of the Minutes to be released to the public. He feels iti is very important to have an open dialogue. Grose commented on the Ad Hoc Committee and the grants for the proposed new building. He said it sounds like to him that because the Borough can get grants that they will move forward with building, and he does not agree with that. Grose asked about the GFL contract and price of refuse services. He questioned the transfer of monies from the Refuse fund to the General fund every year and why this is done. Hall address his questions regarding the Minutes, the proposed new building, transfer of monies from the two funds and explained that the cost of refuse services is more than just what GFL charges the Borough. Mayor Bradley addressed his Raeann Schatz, Schatz Garage, 1090 W. Main St., asked Council what the outcome oft the meeting that was held in October with Melhorn regarding the basin and how they are going to fix it. She commented on Ordinance from 1999 and its requirements. Schatz said the Borough sent al letter dated. August 20, 2022, from' Wittermore Haigh Engineering to Charter Homes, CHN, and K8WEngineeringi regarding the subsurface infiltration Facility D across the street at Charter Homes and Ned Sterling, 13 W Main St., updated his comments before regarding the survey of the locations of Borough Offices in Lancaster County. He is updating this because recently Elizabethtown Borough recently moved their office to their main street. He stated that 12 out oft the 17 Boroughs, 71%, are located on their main Street. He does not understand why the Borough would want to move their office off of the main street when the majority of Boroughs in Lancaster County make an effort to have their building on their main street. He said he is in favor of building a new Police Station, but! he is noti in favor of building a new Borough Office on a side street. He said the Borough could renovate the current building or demolish it  voting no. Public Input Period  the situation and his concerns. President Hall said he will have the Manager follow up on the issue.  concerns of the speeding on Pinkerton Rd.  would like tol know if anyone has responded to that letter.  and rebuild at the same location. Hei feels Main Street is an excellent location for the Borough Office.    Commissioner. John Trescot of the Lancaster County Board of Commissioners has been going around to County Boroughs toi inform the public on what County Government is and how ity works and give people a chance to ask questions. Hearing - Rezoning 14, 18, 19, and 20 North Market Street from Commercial Business District to Light Industrial. On a MOTION by Roering, and a second by Ruschke, a request was made to open a hearing for the rezoning of 14, 18, 19, andi 20 North Market Street, from Commercial Business District to Light Industrial. At this time, President Hall opened the hearing, acknowledged all oft the documents presented by staff and opened public comment period specific to: zoning of the! Ned Sterling, 13 W. Main St., said hei is opposed to a rezoning oft the central business district, to the light industrial zoning district because the property does not comply with the purpose oft this zoning district. Apurpose oft thel lighti industrial zoning district is to encourage employment and commercial development, which he thinks we are all in favor of. However, employment and commercial development is to be considered in a manner that is compatible with nearby homes, and to carefully control the types of operations in order to avoid nuisances such as noise and hazards. Excessive noise exists in the parking lot on the north side of Apple Tree alley, where tractor trailers are parked. He said unfortunately, they are not ordinary tractor trailer trucks, but refrigerator compressor units that have their units operating at various times of the day and night. At times there are as many as five refrigerator trucks parked on the lot. He stated the sounds oft the units can be heard by neighboring properties on the south side of Apple Tree Alley. Residing on the south side of Apple Tree Alley approximately 223 feet from the parked trucks, he said he can hear the sound oft the refrigerator compressor units in his house through double brick walls, through a plaster wall in the interior and through closed windows. Sterling said although the dust covering vehicles was a nuisance with the previous mill owner. He said int the past a no idling sign was erected on the east end of the parking lot to prohibit the unlimited idling of trucks for noise control and air pollution. However, the compressor units are making more noise than the idling trucks. He said since KI N Farms has purchased the property, the quality of life for all residents on the south side of Apple Tree alley has been adversely impacted by these noisy units. He also stated that another purpose oft the lighti industrial zoning district is to limit uses with intense truck traffic where existing streets or alleys are unable to accommodate traffic demand. West Apple Tree Alley is unable to accommodate truck traffic with a one lane access to and from North Market Street. Excessive truck traffic exists with new tractor trailer arriving and others leaving the Apple Tree Alley parking lot. This creates al hazardous condition in the narrow one lane West Apple Tree Alley. The light industrial zoning district is supposed to limit uses with intense truck traffic. Truck traffic is not limited with, refrigerator units entering and exiting the West Apple Tree Alley parking lot and the regular truck traffic entering the Mill from North Market Street. He feels if KN Farms wishes to rezone all ofi its property to the light industrial zoning district, iti Josh Deering, 33 Frank St, said the neighbors on the north side would like to say the dust has been cut down to nothing, the noise that was very disturbing is gone and theyl have made many improvements tor reduce the truck traffic on their street.  properties mentioned.  needs to address its current zoning short comings. He said the north side is in favor of the rezoning. Hall closed public comment at this time.  Todd Smeigh, with DC Gohn representing KN Farms said the petition to rezone, the properties, 14,18, 19, and 20 North Market Street was submitted back in July 2022. The rezoning request was discussed at two Administrative and Finance Committee meetings, Council meetings, Borough Planning Commission and Lancaster County Planning Commission. Both the Borough Planning Commission and the Lancaster County Planning Commission recommended approval of the  rezoning.  Jake Newswanger, KN Farms was present to answer questions on operations.  Haigh asked what activities they intended to puti inl lots14, 18, and 20 as far as noise pollution and if any noise studies have been done with the current operations. Newswanger said it would be similar to what is happening there now and no there was no noise studies done. Haigh said his other concern is traffic on Apple Tree Alley. Haigh asked if Newswanger would On al MOTIN by Roering, and a second by Eichler, a request was made to close the hearing. Motion carries unanimously. Bradley asked if we ever found out why this property was ever: zoned commercial business district. Bradly said he would On a MOTION by Roering, and a second by Youngerman, a request was made to approve Ordinance 6-2022. Motion On a MOTION by Roering, and a second by Eichler, a request was made to approve the lot add on of 19 North Market  be willing to do a noise study and ai traffic study. Newswanger concurred.  hopes that Council moves forward with the rezoning.  carries unanimously.  Street with the condition that it is recorded for public record. Motion carries unanimously.  2    Report of Mayor  Mayor Bradley provided a written report for October 2022. Mayor Bradley thanked the Historical Society and the Police Robert Goshen, Police Chief, provided a written monthly report for September 1, 2022, to September 30, 2022. The report showed 64 traffic arrests and 47 criminal arrests for the month. There was a total of 712 incidents for the month of  Department for honoring the tradition of Harold Billow's placing oft the flags in honor ofVeteran's Day.  Report of the Chief of Police  September, with at total of 5,656 incidents year to date. Report of Fire Department Mount Joy (FDMJ)  Brett Hamm, FDMJ Fire Chief, provided a written monthly report for September 2022. Adam Marden provided a written monthly report for September 2022.  Report of PSH Life Lion Northwest EMA Report of EMA  Provided a written report through October 2022. Mayor Bradley provided a written report for October 2022. Report of the Milanof-Schock Library (MSL) Report of PlanningZoning/Code Officer Stormwater, Planning & Grants Coordinator Report of Public Works Director Report of the Borough Authority Manager  Joseph Mcllhenney provided a written monthly report for September 2022.  Nol Report  Cody Lyons, Stormwater, Planning & Grants Coordinator provided a written report for October 2022.  Dennis Nissley, Public' Works Director, provided a written report for October 2022. Joseph Ardini, Authority Manager, provided a written monthly report for October 2022. Jill Frey, Assistant Borough Manager/Finance Officer, provided a written report for October 2022.  Report of the Assistant Borough Manager/Finance Officer  Report of the Borough Manager  Mark G. Pugliese I, Borough Manager, provided a written report for October 2022. Hall commented that Amtrack did not Haigh congratulated the Borough Manager, Mark Pugliese and the Storm Water Enforcement Officer, Cody Lyons, on completing and passing the program from the National Stormwater Center to become a certified Municipal Stormwater On a MOTION by Roering, and a second by Castaldi, approval was given for the minutes oft the regular Borough Council meeting held on October 3, with a correction under Public Works Committee. In addition to Mayor Bradley, add Haigh to Deering said he is still working at Committee level with some revision to the upper lot at Grandview that will go to the Onal MOTION by Roering, and a second by Ginder, a request was made to allocate an additional $43, 118.40 to the Capital Fund to complete the design development phase of the Municipal Building project to total $403,118.40. Roll Call Vote, Eichler, Ginder, Haigh, Roering, Ruschke, and! Hall voting Yes, Castaldia and Youngerman voting No. Motion carries 6-2.  show up for the meeting that was on the Manager's report.  Inspector.  Approval of the Minutes of the Previous Meeting  the comment referencing the Borough being involved in the traffic study. Motion carries unanimously.  Building Ad Hoc Committee  Committee at the next meeting and hopefully have something for Council after that.    Ona a MOTION by Youngerman, and a second by Ruschke, a request was made to change and advertise the meeting times Ona al MOTION by" Youngerman, and a second by Roering, a request was made to approve the Refuse contract with GFL and authorize Council president and the Borough Manager to ratify contract documents. Pugliese said the contract is still with. Josele for review. AMOTION by' Youngerman, and a second by Roering, to lay the main motion on the table. Motion On a MOTION by Eichler, and a second by Castaldi, a request was made to adopt Ordinance 07-2022, an ordinance to amend the Code or Ordinances of Mount Joy Borough, Chapter 130, Firearms and Other Weapons, tor revise Administrative On al MOTION by Ginder, and a second by Haigh, a request was made to support the Lions Club completing a splashpad project in a Borough Park. An AMENDMENT by Eichler, with a second from Haigh, to change the word completing to Ned Sterling, 13W. Main St., asked what happened to the street tree replacement program? He said there are still two trees that need replaced for over a year now. Sterling feels when there are hearings like tonight that along with public comment period there should also be ai time period where people can ask questions like the Zoning Hearing Board does. Bruce Haigh, Wittermore Haigh Engineering, 504 Rose Petal Ln., referenced a memo he sent to Council regarding Florin Hills subsurface infiltration Facility D which is located at the commercial block corner of North Melhorn and West Main Street. He asked if Council could take the information from his memo to the Admin and Finance Committee to determine Ron Grose, 210 Pinkerton Rd., commented on the motion to allocate additional funds for the proposed Municipal Building. Ferne Silberman, 630 Florin Ave., said November 19th is the day Rotary Club and the Mount Joy Fire Department plan on decorating the tree downtown. Ifanyone would like to help, they should plan on being there at 11:00 am. The Presbyterian In honor of Veteren's Day coming up Eichler wanted to thank all service personnel past and present for there service. Eichler also commented that he trapped a cat and took it to the York SPCA and for $35 had its spayed and them released. On al MOTION by' Youngerman, and a second by Roering, Council approved paying the bills as presented from October 1-  for the Building Ad-Hoc Committee from 5:00 pm to 5:30 pm for 2023. Motion carries unanimously.  Administration and Finance Committee  carries unanimously  Report of the Public Safety Committee Provisions. Motion carries unanimously. Report of the Public Works Committee  pursuing. Amendment agreed to. Main Motion as amended carries unanimously.  Public Input Period  whether or not you need to have a new land development plan submitted to the Borough.  Grose also asked for an update on the Pinkerton Road project.  Church will be providing refreshments. She said the Rotary Club purchased new lights this year.  Any other matter proper to come before Council  Authorization to Pay Bills October 31, 2022. GENERAL FUND REFUSE/RECYCLING CAPITAL IMPROVEMENTS FUND HIGHWAY AID FUND ESCROWFUND JOY LAND ACCOUNT GRAND TOTAL EXPENDITURES Motion carries unanimously.  $ $ $ $ $ $ $  239,717.38 60,092.27 49,163.47 57,124.35 105,257.95 511,355.42    Meetings and dates of importance See the yellow calendar for the month of November. Executive Session Adjournment carries unanimously. Respectfully Submitted, Mark G. Pugliese Borough Manager/Secretary  Council went into Executive Session at 8:45 PM1 for a personnel matter. Council came out of Executive Session at 9:01 PM. On a MOTION by Youngerman, and a second by Eichler, approval was given to adjourn the meeting at 9:01 PM. Motion  5