Stewartstown Borough Council Meeting Minutes Monday, May 2nd,2 2022  Members present Pam Almony Donna Bloom Polly Kreiss Kimberly Carl Roy Burkins Bill Gemmill David Elwell Visitors Kenton Kurtz Nathan McCloskey Jason Roberts Peggy Raulie  Others present Mayor Brittany Barnette Craig Sharnetzka, Solicitor Ira Walker, Jr., Sewer/Water Stacy Myers, Recording Sec'y  Linda Miller Lona Full Ken Anderson Jill Hamme  Felicia John Barnette Markline Gordon Wisnom, Sr. Erica Rearich  1. The meeting was called to order @ 7:00pm, followed by the pledge to the 2. Public Comment- Kenton Kurtz addressed Council about the following: flag.  Mason Dixon Library & American Legion will once again hold a. July 4th Decorating Contest. Any resident in the municipalities served by MDL can participate (Stewartstown, Hopewell Township, East Hopewell Township, Fawn Grove, Fawn Township & Crossroad Borough). If aresident wishes tol have their decorations judged, there is a registration fee (TBA). Registration forms will be available at the Stewartstown Borough Office (61 N. Main Street) A planning meeting is scheduled for Thursday, May 12th @ 6pm at the library. Anyone What was the outcome ofthe Charlie Wierman VS. Stewartstown Borough legal matter regarding the Nuisance Ordinance violation? Atty. Sharnetzka said there's an District Magistrate Manifold stating the Borough didn'thave enough evidence opinion ofa nuisance at Wierman's Ovelton. Avenue property. Stewartstown Borough could have appealed the decision if Council wished, but they decided last month to let the matter Approval of Meeting Minutes-Mrs. Carl made a motion to approve the April 4th, 2022 Meeting Minutes; Mrs. Bloom seconded. All were in favor; motion carried. o General Funds-Mrs. Bloom made ai motion to approve General Fund bills dated Mar 315t thru Apr 27-,2022 totaling $103,542.65. Ms. Kreiss seconded. All were in Sewer Funds-Ms. Kreiss made ai motion to approve Sewer Fund bills dated Mar 315 thru Apr 27h, 2022 totaling $51,825.93. Mrs. Bloom seconded. All were in favor; Water Funds- -Mrs. Bloom made a motion to approve Water Fund bills dated Mar 31St thru Apr 27t, 2022 totaling $47,370.23. Ms. Kreiss seconded. All were in favor; 1N. Main Street Sidewalk/Teton Homes, LLC-Craig' 's office sent a certified letter to the property owners regarding the sunken, cracked sidewalk in need of repair/replacement,  or Mason Dixon Library (250 Bailey Dr.). wishing tol help is welcome to attend.  from  3. General Business  go.  Approval of Financial Statements favor; motion carried. motion carried. motion carried.  4. Solicitor's Report- Craig Sharnetzka reported the following:  have until June 30th to make the repair.  They    Municipal Night at the Ballpark--Friday, May 20th at the Revolution Stadium (N. St.)-Borough: staff & elected officials can join CGA for a night of food, fun & ballgame George 5. Engineer's Report Jason Brenneman was not present tonight but had submitted the recommendation that two inlets on High Street be replaced now rather than street paving work is completed. The estimated cost is $10,000 for the inlets waiting & it could Mrs. Bloom made a motion to approve Jason's office moving forward with obtaining estimates & coordinating the work with a contractor. Mr. Burkins seconded. All were in Elwell & Mrs. Bloom had met to discuss Almony the Ordinance gave an update on sidewalks, stating she, Mr. to walk North/South Main Streets & East/West Pennsylvania & note all sidewalks (Zoning out of Officer) compliance with the current Sidewalk Ordinance specifications. Missy Matthews had Although the Streets & Roads Committee (Almony, Bloom, Elwell) hadn'tmet since the list, they plan to meet within the next few weeks to discuss the future plan for sidewalks. receiving Ms. Almony & the committee is aware they can't "pick & choose" where the Ordinance enforced. Mr, Gemmill agreed & stated enforcement must include all properties or none. will be He Council has talked about E.1 Pennsylvania Avenue sidewalk repair AND street repair for years said and Mr. Elwell said the list that Wade/Missy created presents an initial task of work that needs to be done, but we would need tol know square footage so repair estimates could be gathered. He suggested obtaining a mapping tool that would offer visualization to know where the work needs to be done. This can be a committee discussion as well. Mrs. Bloom & Mr. Elwell said Dallastown Borough has a mapping system that tracks pipe work, water & sewer, street sidewalk work, etc. Connie at Dallastown has offered to help in any way if Stewartstown work, decides Mr. Wisnom (visitor) asked if Council decides to repair sidewalks, would need to bet to current standards which require a wider (4') sidewalk? Atty. Sharnetzka said they yes, it would be to current standards and would need to be ADA compliant which is a big expense. Ira Walker, Jr. mentioned when the Authority completed the Main Street Water Line Project the early 90's, they allowed homeowners to set up payment plans for the costs associated with in Ira also reminded Council again about the Borough's stormwater infrastructure that needs to be addressed. We don'twant to repair sidewalks, then have the stormwater system fail. Jason Brenneman had an intern from his office complete a map of the Borough' 's stormwater Mrs. Carl stated the software reported on above would be a good resource for the stormwater system & for road work and it may help when/if grants are applied for because some of the Erica Rearich, (New Freedom Borough Council) stated that New Freedom completed the mapping oft their system last month, sO the Borough Manager (Andrew Shaffer) could be  (invitations have been: mailed).  until the bej paid  with Liquid Fuels monies.  6. President/Vice President Report Ms.  favor; motion carried.  and asked Wade Portner  Wade & they created that list, along with some pictures.  gone with  to date, nothing has been done.  to pursue this.  replacing their water lines. That's an idea to keep in mind. Staff will reach out to Jason as a follow-up on that work. estimations would be completed & recorded in that software.  system. cost  contacted for information, ift needed. 7. Treasurer's Report Stacy Myers reported:  As the Sewer & Water Authority needs to complete expensive upgrades to the system, loan & grant options need to be researched. Since the loan applicant for funding will be Stewartstown Borough, Mrs. Myers requested authorization from Council to allow her to pursue loans for the Authority projects. The Borough signs on the loan because it needs to be an entity who can pledge the taxing authority, but the Borough doesn'tpay on the loan, the  Authority does.    Mr. Burkins made ai motion authorizing Stacy Myers to research grant & loan for the Authority's Sewer Plant upgrades; Mr. Gemmill seconded.. All were in opportunities favor; motion Ofnote, Kenton Kurtz who serves as Chairman oft the Sewer & Water Authority invited anyone from Council and/or the public to attend the Authority meetings which are held the 3rd Fire Police requests- -Mr. Burkins made ai motion to approve the Fire Police to attend the following events; Ms. Kreiss seconded. All were in favor; motion carried. Kennard Dale graduation (ifneeded) Olde Tyme Days Parade- Saturday, June 25th gth Annual York PA Fire Muster- Sunday, September 25th  carried.  Wednesday of each month at 7:00pm.  Update on 14N. Hill Street's missed: recycling collections (reported last month)-Penn Waste submits an email to Borough staff every Tuesday with whether or not the resident has their recycling at the curb, sO they're staying on top oft the situation well. 8. Sewer & Water Supervisor Report-Ira Walker, Jr. presented the new very items from his report. All expenses have or will be presented to the Authority for approval. 9. Mayor's/Police Report -Mayor Barnette reported the following:  monthly  She met with Jason Cole regarding the Main Street 5K who stated interest in the event is Jack & Elijah, two of the youths that attended March's Council meeting local skate park visited HARP, although HARP was concerned there wouldn'tbe regarding creating a interest in a skate park. Jack & Elijah created a petition & received over 1,000 enough in about a week. Mayor Barnette will attend the next HARP meeting with Jack & signatures Elijah. Word For the World Church (15 & 17N. Main St.) staffi met with Mayor Barnette discuss ways they could get involved with the community and help to: make ita recently to  growing so it should be a good event.  town for visitors.  welcoming  April'sPolice Commission Meeting updates:  Mayor read a letter from ai resident to Officer Smith thanking the Officer for his help Chief] Boddington reported on an electronic tracking device (worn like a wristwatch) tol help track elderly and/or sick people such as those with. Alzheimer's, dementia, or other special needs, should they wander away or get lost. The device comes at no cost to SRPD & al low cost to caregivers, should someone bei interested in obtaining one. It can be used on foot, in a vehicle and in air. Information on the device will be added Arecent donation made it possible for Officer Smith to obtain his goal of purchasing avehicle for the K-9 unit. The vehicle doesn't come equipped with the necessary equipment for the dog, sO the Police Commission has funded the equipment with the agreement that donations received will be used to reimburse them. purchase Glen Rock Borough Town Hall Meeting Mayor Barnette & a few other Commission members attended; however, no meeting was held & no update on another meeting was given. The source of the data that had been received has still: not been revealed. Economic Development Committee--Mrs. Carl gave an overview of the 1*t, meeting: Committee members-Brittany Barnette, Kim Carl, Roy Burkins, Polly Kreiss, Jason Roberts, Ferd Dorn, Ken Anderson, Seth Henschen & Katie Elwell Al lot ofi issues were discussed but the former movie theater site dominated the discussion. Since the bidding for the vacant site only brought one bid of$3,000, the Committee would like to research ways to: recoup some oft the money the Borough spent during & for demolition. Mrs. Carl met recently with York County Economic  during a low point in their life. They were very grateful!  to the next Borough newsletter to make the community aware.  10. Committee Updates/Disceussion    Alliance & Rail Trail Authority which was a very informative meeting with Senator Kristin Phillips-Hill in attendance. Mrs. Carl learned that once ai municipality for funding for the abatement ofaj property, it typically never happens wherea applies municipality retries for funding on that same property. Instead, the use the money already spent on the abatement as matching funds when municipality applying grant. Other items came out oft the meeting such as ai multi-municipal rail trail endeavor. This could be a benefit when applying for grants too, program rather fora than a There are other zoning questions/issues regarding the theater lot. Being a narrow the dimensions restrict what it can be used for. Mrs. Carl said a lot of work would lot, need to be done to make the site attractive to a buyer, one willing to pay more than $3,000 (the bid that was received). Other ideas were discussed such as making ita parking lot & selling parking permits for nearby residents who needj parking. Mrs. Carl requested that Jason Brenneman outline what needs to happen with that site. Ms. Almony suggested Mrs. Carl direct her zoning questions to zoning the Borough's Zoning Officer and/or Missy Matthews first. Mr. Wisnom, Sr. had previously stated that, once the point oft the original building is removed, then the preexisting non-conformity goes away & you must meet all current zoning requirements. Mr. Sharnetzka said the preexisting non-conformity after 1 year (from the time of remoyal/demolition), then all current setbacks goes & away criteria needs to be met. As long as the permitting would be completed & the ideai zoning is followed through within that one-year period, the preexisting non-conformity Mr. Wisnom also stated the Borough won'te ever recoup the amount ofr money on the theater demolition. The theater was an eyesore & a complaint of many spent residents for 20+ years and it took the Borough quite some time to get to the point of Another idea that stemmed from the YCEA meeting was using the site as a recreation Ifanyonei is interested in becoming part of the Economic Development Committee and its discussions, they plan to meet the 3rd Thursday of each month @ 7:30p.m. in Until a decision is made for the theater site, Mr. Gemmill suggested split-rail fencing be placed at each corner in an attempt to dress up the gravel lot & to deter people from parking there. Other ideas can be discussed at the. June Council meeting. IGA Committee--Mrs. Bloom stated the agreement is now with the attorney & more will be known at the next meeting tomorrow night, 5/3 before taking it to the hopefully Commission Wednesday night, 5/4. It must go back to the municipalities for review prior to 11. Executive Session- --Mr. Gemmill made a motion to: recess to Executive Session @ discuss a personnel issue. Mr. Burkins seconded. All were in favor; motion carried. 7:52pm Ms. Kreiss made a motion to reconvene the Council meeting @ 8:11p.m. Mrs. Bloom seconded. Mr. Gemmill made a motion to hire Nathan McCloskey full time, effective. June gth, 2022 with insurance benefits to begin immediately upon hire. Mrs. Bloom seconded. All were in 12. Other Business-Mr. Burkins made a motion authorizing Borough staff to fill aj pothole near 20 W. Pennsylvania Avenue; Mrs. Bloom seconded. All were in favor; motion carried. 13. Adjourmment-With no further business before Council, Mr. Burkins made ai motion to  can fora  single municipality application.  for  conditions could remain.  demolition, but the money spent won't ever be recouped. site, i.e., some type of park, memorial, history marker, etc.  the Borough Office meeting room.  being voted on.  to  All were in favor; motion carried.  his favor; 18- adjourn  motion carried.  the meeting @ 8:12p.m. Motion carried; meeting adjourned.  Respectfully submitted by:  Stacy Myers, Recording Secretary    Theater Property Situational Summary -3N. Main Street In 2021 the Stewartstown Borough purchased the theater project at 3 S. Main  hazard to the community, but it has cost the  Street, is no longer a liability and  Borough tax payers $195,250, after the abatement reimbursement.  After meeting with representatives from the York County Economic Alliance who administer the Rail program, it was verified that after abatement relief is given to a property, you cannot back for Trail request for additional funds to cover abatement. The $50k that was received, is it. go  a subsequent  funds invested, as part of a matching requirement for  Instead, it is best to use the  possible grants.  Property Risks: the property faces two major obstacles, at the least. No matter which direction the Council  votes, these need serious consideration.  1. Obstacle One: Its location at a main intersection on a State road, requires Penn Dot's  future use except for a greenspace that does not require parking or vehicles. That approval of any  a. An engineer's design plan for the lot b. Ap possible traffic study completed  process requires:  Preparation of a Highway Occupancy Permit (HOP) to Penn Dot for review  d. As strong possibility that they will NOT approve the plan and vehicle access to and from Main e. There was a right-a-way from the right-rear corner to Bill's property, but is not accessible due Street deck and stairway. So that right-a-way is no longer applicable. Right-a-ways cannot be moved. toa f. This could be upwards of a minimum of [$10,000-$15,000 of additional expense with a sizeable risk of it not getting approved. This process after submission could be months of 2. Obstacle Two: the theater was "inactive, ," therefore making ita' 'non-conforming lot,' I according waiting to existing zoning requirements. Therefore, the option of replacing a structure at the same "points," ofthe previous structure (within 12 months) is null and void. Whatever goes in its place must abide all current Commercial/Village Zoning requirements within the Borough. In essence there is no grandfathering and you cannot change the zoning for just one property, called spot zoning. That is prohibited under option  Commonwealth code.  Property Specs: 1. Dimensions: 2. Setbacks: 3. Coverage:  a. Width: 44' b. Length: 149.5'  a. The side setbacks are 10' on each side (driveway does not need setback)  b. 30' front and 30' from the rear  a. Maximum lot coverage shall not exceed 50% of the lot b. Not less than 10% shall be covered with vegetative materials  Property Uses: the following are all the possible uses for the property, and potential  uses and potential costs  steps required for such  1. Residential. According to Wade, Commercial/Village doesn't allow for this option for residential to be put on this lot. [Residential homes require only a 18'-20' wide driveway.] Since the location housing is off of amain intersection, the development would require a turnaround area, SO that vehicles won't tneed  back out of the driveway at a dangerous location  to    2. Commercial. The property would need to go through the HOP process with Penn Dot. The  has a larger driveway requirement of 24' wide and a. Retail: 1 parking spot per 100: sq ft net floor area b. Office: 1 parking spot per 300 sq ft net floor area - Restaurant/F&B: 1 parking spot per four-top seating  property also are as such  requires more parking.  standards  under each kind of use:  Parking  3. Parking Lot. This option was suggested to help recoup the invested funds, over a longer period of time. The concept would include permitted parking, sold annually or semi annually from the Borough office.  However, there are several obstacles to consider:  a. The property would need to be surveyed for development purposes  b. Penn Dot would require a HOP, with no guarantees ofi it getting improved. They could require a one-way entrance and a separate rear exit. They only way for that to happen, is to get a right-a- To get a right-a-way, would require negotiations with the neighbor, perhaps will the idea of af few parking spot permits per year without charge. This could make his property more valuable, getting d. Are there enough residents that would want to pay permitted parking and at what cost? e. The Borough would have to pay additional funding for engineering plans on the parking lot and HOP, and any necessary changes. There would be solicitor charges as well for negotiations design with the neighbor and any right-away filings with the County Register of Deeds. Ata a minimum, we could see fees over $10k- $15k to attempt this option, and if approved, there would be the fees to pave and improve the lot. The Borough would be spending more money to  way from the neighbor to exit on E. Pennsylvania Avenue  with the option of additional adjacent parking  make a little each year  4. Leave it for Now, Find a Green Space Option. In meeting with the folks at the YCEA, I was look forward on the lot and that looking for funding to cover the abatement fees was a moot encouraged point. However, funds spent already, could qualify as the matching funds portion to any matching funds grant. So, while the investment thus far would not be reimbursed, we could apply for a grant to develop it for a. Ifwe can get Stewartstown eventually approved as a Rail Trail town, a stopping/ rest spot could be  to  green space or recreation. b. Dog walking park  a good use, with a public water fountain, bike racks and sitting areas  Town signage and historic markers  d. Small tabernacle/pavlion, seating, green space for group of 40 or less to rent from the An option with a pavilion or tabernacle could provide for possible revenues to offset maintenance Borough f. All engineering plans could be covered by a grant, "modifying" the land to its intended use 6. Sell it by MLS. After a second bid attempt, nothing acceptable comes in, we can choose to list it on  e.  such as lawn care  5. Sell is by Bid Again. Hope that a higher minimum bid will be received  however there will need to be full disclosure  MLS,    Property Risk 1E E-ifthere'sar r/w and the deck and stair was built in the deck and stair should not have been built ini that More Property Risk 1F-1 10-15K is accurate for an HOP r/w.  r/w, then the r/w is open...the  research would be required. permit but probably low ifas study is required by  PADOT. Idoubt a study would be  required by PADOT thought but you never know.  Property Specs 2A - driveway does not need setback but there typically distance from property line (typically 3') but would need to be verified. driveway needs to be certain Property Use 5 - as pointed out in this document, this property would be very difficult to have any "significant" use on it. To me this property is valuable to the adjacent development, but these properties know that also...I would not expect to a much properties for however as noted..this gives you the opportunity to list it as noted in #6 but get again I don't higher see bid being interested in it unless they'd purchase adjacent properties. Honestly,  develop or anyone  I'm Ihope wrong and the  Borough benefits greatly. Jason M. Brenneman, P.E. President James R. Holley & Associates, Inc. 18 South George Street York, PA: 17401 717-846-4373 brenneman@irtoley.com