April 26, 2022 MILLERSVILLE BOROUGH COUNCIL MEETING MINUTES The MILLERSVILLE BOROUGH COUNCIL MEETING was held on' Tuesday, April 26, 2022, in the Millersville Borough Public Meeting Room located at 1001 Municipal Drive, Millersville, Pennsylvania. The meeting was called to order at 7:00 p.m. followed by the pledge to the moment of silence was then observed. flag anda a COUNCIL MEMBERS Lauren E. Hauck Lynn M. Miller Linda L. Bellile Mary Ann Gerber David' T.. Aichele, Mayor Christopher Hubbs, Absent Darlene Eager Maggie Weidinger OTHERS PRESENT Sue McCullough, Millersville Borough Receptionist Lieutenant Jeff Margevich, Millersville Borough Police Department David Sykes, 344 Valley Rd, Millersville Stephanie Hersh, 72 Blue Rock Rd, Millersville Phil Gerber, 12 Circle Rd, Millersville Michael Weidinger, 146 Victoria Rd, Millersville, Planning Commission Gary Hess, 453 N George St, Millersville, Planning Commission Andy Boxleitner, Streets Department Superintendent Dorothy Imel, 1902 Blue Ridge Dr, Lancaster Sam Bigler, 17 Wabank Rd, Millersville Judith L Kruse, 117 Victoria Rd, Millersville Doris Haslam, 216Herr. Ave, Millersville Gogi & Bill Hess, 33 Pilgrim Dr, Lancaster Jeff & Wendy Rambish, 2102 Millersville Pike, Lancaster Susan Guggenheim, 342 Manor Ave, Millersville Randy & Bobbi Anne Kissinger, 200 Boat House Rd, Wrightsville Ed Kaminski, Landis Community, Landis/Immerse Claude Hicks, HDC, Landis/mmerse Ed McManness, Immerse International, Landis/Immerse Tom Hyland, 31 Chamberlain Ln, Millersville Lowell Anderson, 529 Leaman Ave, Millersville Lee & Marcie Dermer, 6229 Hauser School Rd, York Becki Cavanaugh, Hauser School Rd, York David & Linda Chalfant, 128 Landis Ave, Millersville Susan Wallace, 421 Brook View Dr, Millersville Steve & Carlyn Darby, 20171 Millersville Pike, Lancaster Dennis Seibert, 3001 E Charlotte St, Millersville JeffLower, 21001 Millersville Pike, Lancaster Cheryl Keiper, 2001 Wabank Rd, Lancaster Doug Owens, 32 Chamberlain Ln, Millersville Elaine Walmer, LNP Dan, Hauser School Rd, York 1of9 April 26, 2022 MILLERSVILLE BOROUGH COUNCIL MEETING MINUTES Tom Szurok, 16 Green Hills Dr, Lancaster Don Sheaffer, 437 Brook View Dr, Millersville Dr. Victor) DeSantis, Millersville University Andrew Geer, Millersville University Student Representative Keira Stigelman, Penn Manor Student Representative CITIZENS' REQUESTS OR CONCERNS President Hauck asked ift there were any citizens' questions or concerns. She asked if anyone had questions regarding LERTA, to wait until this agenda item is addressed later in the meeting. There were no other questions or concerns. MINUTES A motion to approve the Council minutes for the meeting of April 12, 2022, was made Mrs. Gerber and seconded by Ms. Miller. President Hauck asked ift there were any issues with the by minutes. The motion passed by a unanimous voice vote NEW) BUSINESS None REPORTS OF BOARDS, COMMITTEES. AND COMMISSIONS CLIMATE ACTION FRAMEWORK PRESENTATION President Hauck stated the Climate Action Plan was a free program run by the Department ofEnvironmental Protection. It was free for the Borough toj participate, and no money or staff time was allocated to this project. Two students from Penn State spent last semester and this semester gathering data on our energy, electricity, and greenhouse gas emissions. with an extensive framework, which the Borough can use in the future. No action They will be taken up on this tonight. Council was sent a 12-minute video presentation to review before the meeting. Carolyn Heckman and Benjamin Thomas gave their final Climate Action Plan Report via link. President Hauck thanked Carolyn and Benjamin and asked if Borough Council or the phone public had any questions for the students. Mrs. Gerber thanked the students for the time and effort they put into this project. President Hauck stated there was an immense amount of work they under-took, and this was with little or no guidance from the Borough. President Hauck said the information they gathered will be beneficial in the future. She stated, some oft the survey results, such as biking, walking, and transit, align well with the Steering Committee's Comprehensive Plan Survey. She feels there is a lot of overlap between the two. President Hauck asked this be on the agenda of an upcoming Public Welfare & Public Works Committee Meeting. Ms. Bellile stated she reviewed the report and one of the things that surprised her was the mention ofmore rain and cooler temperatures. President Hauck said, there may be a need to shift crops, which not affect Millersville Borough, but may affect neighboring Manor Township and elsewhere in may Lancaster County. A member of the audience asked how walkability fits into the plan. President Hauck stated, the reduction of greenhouse gases can be addressed through change in transportation modes like walking or biking instead of diesel or fossil fuels used cars. One option reduce greenhouse gases is to increase walkability. President Hauck stated services came to by 2of9 April 26, 2022 MILLERSVILLE BOROUGH COUNCIL MEETING MINUTES could be closer, like grocery stores andj pharmacies sO residents could walk or bike or the increased use of public transportation, instead of using cars. She said Public Welfare & Public Works Advisory Committee will discuss moving forward with this report and implementing some ofthe Climate Action Plan recommendations possibility in the future. CIVIL SERVICE COMMISSION + Susan Wallace, Secretary, Civil Service Commission, read al letter from the Commission regarding the promotion of Officer Michael Cavanaugh. The letter stated, on Tuesday, April 19, 2022, the Civil Service Commission members tested Officer Michael Cavanaugh and he meets the requirements for recommendation, for the promotion to Sergeant. Civil Service Commission recommends this promotion to Council. Mrs. Gerber made ai motion to accept Civil Service's recommendation and Ms. Billie seconded the motion. Mayor Aichele presented Sergeant Cavanaugh with a declaration on his promotion. Lieutenant Jeff Margevich, asked Sergeant Cavanaugh's wife, Becki, to come forward for the ceremony of changing his badge from the silver officer's badge to the sergeant's gold badge. Mayor Aichele and Lieutenant Margevich congratulated Sergeant Michael Cavanaugh. BLUE ROCK REGIONAL FIRE COMMISSION Linda Bellile reported a meeting was. held on Thursday, April 7,2022, at the Millersville Station. A local resident came to that meeting and complained about the siren. He works from home, andi it is disruptive tol his business, and he has a baby due. There was a discussion on other technology and an explanation as to why the siren is an important notification system, sincet they are a volunteer service. Financial Ending Report for March was reviewed and approved. Heating and electrical costs were very high, due to the cold weather. Longtime Millersville Fire Chief and life member Jim Eshleman passed. BRFR's long range plan is complete and will be presented to the District Board in May and is very similar to the District Plan. Due to complaints, one driver has been suspended. The State has changed some Worker's Comp Laws and there is a possibility asecond policy may be needed. The Board then went into executive session. PLANNING COMMISSION- STEERING COMMITTEE President Hauck: made ai motion to advertise the May 5, 2022, Public Meeting for the Steering Committee, Comprehensive Plan. The meeting will bel held at Eshleman Elementary School. Mike Weidinger, Planning Commission Chair, invited everyone to attend. He said the doors open at 6:30pm and the meeting begins 7:00pm. A brief update will be given on the Comprehensive Plan, followed by residents' comments and questions. Motion passed by unanimous voice vote. LIMC: President Hack updated Council members on thel LIMC Meeting she attended. PERSONNEL ADVISORY COMMITTEE Lynn Miller, Personnel Advisory Committee Chair stated they are still looking fora Finance Officer. They did have one interview and will be having another interview this week. 3of9 April 26, 2022 MILDERSVILLE BOROUGH COUNCIL MEETING MINUTES She stated the Committee did some tweaking oft the Finance Officer job description and would like to make ai motion to approve the changes. This motion is not out of committee. Mrs. Gerber seconded the motion. President Hauck asked ifthere were any questions or discussion. Motion passed with a unanimous voice vote. Ms. Miller stated because oft the current job opening and with two more coming up, Personnel Advisory Committee asked Council's permission toj purchase a Zoom Account. She said currently they have been doing first interviews by Zoom and the second interviews are in person. She has been borrowing a Zoom account to do the first interviews. A2 Zoom account is $149.00 per year and will be used for interviews and anything else that comes Ms. Miller made a motion tol have the Borough purchase a Zoom account for one year and up. Ms. Bellile seconded the motion. President Hauck asked ifthere were any questions. Motion passed unanimous voice vote. by PUBLIC WORKS & PUBLIC WELFARE ADVISORY COMMITTEE Linda Bellile, Chair ofPublic Welfare and Public Works Advisory Committee asked Andy Boxleitner, Streets Superintendent to speak on the 2022 Paving Bid. Andy stated, New Enterprise Stone & Lime Co came in with the low bid of$184,428.10 and the Solicitor has looked over the bid. This company worked with the Borough last year. Ms. Bellile made a motion, out ofcommittee, to approve the 2022 Paving Bid. With no questions or discussion, the motion passed with unanimous voice vote. At the April Public Welfare & Public Works Advisory Committee Meeting, Ms. made a motion to revisit the Rental Ordinance and Ms. Weidinger seconded the motion. This Eager is for discussion only and no action will be taken this evening. Ms. Bellile stated the Committee is revisiting the ordinance because of family rentals, when one family member owns the and another family member lives there, without the owner. Ms. Miller and Ms. Weidinger property discussed the policy of, non-owner occupied properties, and suggested that the Committee looks into how other college towns handles this situation. Further discussion will be held at a future Public Welfare & Public Works meeting and then will be brought back to Council with recommendations. FINANCE ADVISORY COMMITTEE Mary Ann Gerber, Finance. Advisory Committee Chair, asked Council to entertain the motion, which is not of committee, to approve the March Financial Statements. Ms. Weidinger made the motion and Ms. Bellile seconded the motion. President Hauck asked ift there were questions. The motion passed by unanimous voice vote. any Mrs. Gerber made ai motion, out of committee, to accept the 2021 Audit. The Audit is complete, and we should be receiving the final audit and the letter to file the audit with DCED. With no questions or discussion, motion passed by unanimous voice vote. Mrs. Gerber made ai motion, out of committee, to approve hiring a: full-time Streets Employee, who will primarily be serving at thej park. This is conditional on the fact, that Andy Boxleitner, Streets Superintendent, did have four part-time park employees and this full-time position would replace two oft the part-time positions and the Borough is not replacing one police 4of9 April 26, 2022 MILLERSVILLE BOROUGH COUNCIL MEETING MINUTES position. President Hauck asked ift there were any questions. The motion passed by unanimous voice vote. Mrs. Gerber stated the next Resolution, is not out of committee. Every year, ift the police officers are not paying 5%i into their pension, Council needs to adopt resolution stating what percentage the police are paying intotheir pensions. This is usually done in the fall, but this past fall, the Borough was having arbitration for the Police Contract. In 2022, they will bej paying 1% into their pensions. Mrs. Gerber made ai motion to approve the Resolution for the 2022 Police Pension. Mrs. Weidinger seconded the motion. With no discussion, the motion passed by unanimous voice vote. Mrs. Gerber stated that herself, Ms. Miller and President Hauck met with the Solicitor regarding a time extension for Crossgates Phase II Plan. Crossgates asked for an extension until August. Mrs. Gerber made ai motion, not out of committee, to approve the request for a time extension for Crossgates Phase II Plan. Ms..Miller seconded the motion. With no questions or discussion, the motion passed by unanimous voice vote. Mrs. Gerber stated that Immerse is requesting a LERTA for the property at 321 Manor Ave. One part oft the property contains buildings and that is tax exempt. The other part is not a tax-exempt property. This is the property Immerse would like to develop and they requested a LERTA to get funding for this project. A motion, out ofo committee, was approved by a 3-1 vote, to create a new. LERTA, which is a tax abatement program. There was aj previous LERTA but has expired. Mrs. Gerber has been in contact with the Solicitor and instead of creating ai new LERTA for 321 Manor Ave, Council should adopt a motion, at this meeting or a future meeting to schedule aj public hearing and authorize the Borough Solicitor to prepare and advertise the necessary ordinance. This ordinance would designate an area for tax abatement under LERTA. Mrs. Gerber informed representatives from Immerse, if the Borough does not approve al LERTA, then Immerse cannot get one from Penn Manor School District or Lancaster County because the Borough, has to go first, and establish the area oft the LERTA. Mrs. Gerber asked Mike Weidinger, Chair oft the Millersville Borough Planning Commission, to speak, and also the threè members oft the Finance Committee. Mr. Weidinger stated thel Planning Commission has met with Immerse serval times, but there has been no formal plan submitted, the discussions have been on the concept oft the project. The Commission very favorably agrees with the concept they have presented and asks Council to adopt the LERTA for this property. Mr. Weidinger said thisi is a good conceptional project and would be a good use of the property. Mrs. Gerber asked Ed Kaminski, Landis Homes/Immerse, to speak briefly as to why they need this LERTA toj proceed with this project. Mr. Kaminski stated there are two different components of this project. One is toj provide affordable housing for individuals 62 years of age and above and they must apply for funding through PA Housing Finance Agency. This project is not feasible without LERTA, due tol high construction costs. Mrs. Gerber called on Maggie Weidinger, Lynn Miller and Darlene Eager to give their comments. Ms. Weidinger stated that she was one ofthe positive votes. She has worked in government for a long time and has seen a lot ofLERTAS. She feels this is a good project for local businesses and the addition ofar restaurant would benefit the Borough. She thinks this project would be a cornerstone for the Community and she supports the LERTA. Ms. Miller stated, she was also one oft the votes in favor oft the project. She reminded everyone that right now, the Borough gets zero tax dollars out ofthis land, and she feels 55+ and 62+ housing, along with a small building which would contain ai medical office and ai restaurant is a good project for Millersville. Ifnot this project, you don'tk know what kind of project could go in. There has not 5of9 April 26, 2022 MILLERSVILLE BOROUGH COUNCILI MEETING MINUTES been a lot of development over the last three years because oft the need for the water tower, which is going in across from Manor Shopping Center. That has put al halt to building in Millersville Borough, Manor Township and Lancaster Township. The water tower is going to get done ànd we are going to see development in Millersville. She supports the LERTA. Darlene Eager stated she was the no vote, on the motion for LERTA. There were things she wanted Immerse to consider and think about. She wanted tol know how much taxes the Borough would be losing if they reinstate LERTA. She stated by October, we should have the water supply coming ini from the new water tower and at that point there will be development beginning. She informed Immerse that she is not against the project, she is against the LERTA. Right now, 40% oft the Borough is tax exempt and Borough citizens are shouldering a lot. She asked Immerse ift they have any paperwork showing they cannot get the grant because of not having the LERTA. In past meetings, she said Immerse stated they are going through with the project regardless and now they are stating they cannot go through with the project if they do not get the LERTA. Ed Kaminski said he did not know when that was stated or does he know what the basis oft that is. He said they were rejected by PA Housing Finance. Agency, because the LERTA had expired. Mrs. Gerber addressed Mr. Kaminski stating that Immerse was denied a grant from PHFA because they felt you could: not pull off the project without LERTA. Mr. Kaminski agreed. Mrs. Gerber said she was going to open the discussion up to the public, but first asked Lauren Hauck who is on the Planning Commission and Linda Bellile, ift they would like to make any comments. Ms. Hauck stated the Borough is getting zero tax dollars on this property right now and the LERTA to get the grant, she isi in favor ofit. She said that property has sat vacant: fora very long time and having a development there, that will offset future taxes, is al benefit. Ms. Bellile stated with older citizens there, it would be al benefit to the Borough and as discussed earlier in the Climate Action Plan presentation, by increased walking, biking and more public transit, instead ofi increased traffic. Mrs. Gerber also stated there would be no impact on the School District by increasing school population. President Hauck opened the discussion to the public in attendance. A member of the audience asked ift there has been an impact study done on the project and how it will. affect the Borough. President Hauck stated the impact study would be done once a plan is presented. Another resident asked how big the development would be and where would these residents ride bikes? Will there be paths put in? With the current traffic in the borough, there is no place to ride bikes. Mrs. Gerber stated there is a mixed message here, the bike riding was part of the Climate Action Plan. Obviously, there are questions about traffic concerns, and we are not at that stage of the project. Mr. Kaminski stated there would be two buildings with three stories each. Mrs. Gerber stated the plans would go to Planning Commission and will be built to Borough Ordinance or would have to go to the Zoning Board with any exceptions. Mrs. Gerber stated we are: far away from these discussions, tonight Hearing we are here to discuss the LERTA. Aresident asked ift the LERTA would be given for the commercial part oft the property along with the residential part. President Hauck stated the LERTA goes with the parcel and what is being built, will be on one parcel. The resident also asked, with all the development that may be happening, would the Borough give other developers aLERTA. Ms. Weidinger responded, ift the request is made, Borough Council would reviewi it. She also stated that the former LERTA, had five properties involved, but 321 Manor Ave is the only one being part oft the new. LERTA. President Hauck stated that this property is part oft the downtown development zone that was developed in 2016. A resident stated the Borough would be receiving income from building permits and other funds needed for the project and President Hauck thanked him for pointing out this information. The question was asked regarding the length of the previous LERTA and the length oft the new LERTA ifapproved. Mrs. Gerber and President Hauck explained the previous length and the new LERTA could be ten years or al lower need ifthey 6of9 April 26, 2022 MILLERSVILLE BOROUGH COUNCIL MEETING MINUTES amount. A: resident wanted clarification about the denial of the funds due to not having the LERTA. She stated this could be taken two different ways. One, the LERTA was not current which caused an automatic denial or, as stated by Immerse, the grant funder felt, without the LERTA, the project is not viable. Mr. Kaminski was asked ifk he has thisi information, in writing and which oft the two explanations, it really is. Mr. Kaminski stated that unfortunately, iti is not in aletter. The information was discussed in a de-brief, via phone call, with himself, his boss and the Development Officer ofPHFA, with the explanation that the LERTA expired and Immerse's taxes were. higher in their underwriting, and that underwriting, without the LERTA, proved the project was not feasible. A woman in the audience asked Immerse representatives ift there is any way they can get, what they want, without ruining and desecrating one oft the last areas of green space. President Hauck stated that parcel has been zoned as a downtown district in 2016. A discussion was held on what a downtown district is, with President Hauk stating that shel believes this parcel was never zoned for recreation or green space. Ms. Eager stated, taxes keep going up, and the Borough has to slow-down on the tax exemptions. Ms. Miller asked who attends one of the churches ini the Borough and informed the audience that these Churches are tax exempt and none oft the 13 Churches give a donation to the Borough, in lieu oft the taxes, they are: not paying. A question was asked ofMr. Kaminski about Landis Homes being non-profit, he replied that Landis Homes is non-profit but does pay taxes. A discussion was held regarding tax exempt properties. President Hauck stated the property is zoned downtown district and the Borough is not allowed toj prevent aj property owner from doing what they legally want with their land, per Zoning Ordinance. Mrs. Gerber made a motion to authorize the Borough Solicitor to prepare and advertise the necessary ordinance to designate 321 Manor Ave an area for tax abatement under LERTA. Ms. Weidinger seconded the motion. Ms. Eager asked for clarification on the motion and Mrs. Gerber stated it is a motion to schedule aj public hearing and authorize the Borough Solicitor toj prepare and advertise the necessary ordinance to designate 321 Manor Ave, an area for tax abatement under LERTA. The Public Hearing bel held on May 24th. Aroll call vote was taken, Ms. Bellile-yes, Ms. Weidinger-yes, Mrs. Gerber-yes, Ms. Hauck-yes, Ms. Miller-yes, Ms. Eager-yes. Motion carried. President Hauck invited anyone with concerns about open-space or other amenities, in the Borough, to attend the May 5th Planning Commission/Steering Committee meeting at Eshleman Elementary School at 7:00pm. Doors open at 6:30pm. MAYOR'S REPORT Mayor Aichele asked Lieutenant Jeff Margevich to give the March 2022. Police. Report. Lieutenant Margevich reviewed the report with Borough Council. He also stated the Detective and himselfi investigated ai theft by deception and an unattended death. President Hauck expressed concern about an uptick in car break-ins which was mentioned by Ms. Eager in a previous email to Council. Lieutenant Margevich stated he and the Detective attended a major crime meeting regarding this matter. There is definitely an uptick in car break-ins. A question was asked ifall of the stolen cars have been recovered and Lieutenant Margevich replied, most oft the cars stolen are taken for aj joy ride and then abandoned. Lieutenant stated there is an upcoming meeting at Manheim Township to: further discuss this problem. 7of9 April 26, 2022 MILLERSVILLE BOROUGH COUNCIL MEETING MINUTES PENNN MANOR REPORT Keira Stigelman, Penn Manor Student Representative, reported the construction track and the building construction and renovation will be complete by thé school year. Minor exterior and groundwork may continue into the fall semester. beginning Wel had successful Prom and Post Prom event'this past weekend. Our last prom was in seniors were extremely happy to participate in this year's event. Senior Award 2019, is on our 19, when PMEF gives out close to 100,000 dollars in scholarships to Penn Manor Night Seniors. May PMHS Commencement Ceremony is scheduled for June 1 at Millersville. The rain dates are. June and June 3. We will be live streaming the event on our Penn Manor Youtube site. on project ofr is next sO a 2 MTIERSVIIEUNVERSTY REPORT MU Student Advisor to. Borough Council, Andrew Geer updated Council on items. In Health News, Covid cases still low. Social News, Superfest event, Townhall the forum following Friday 29th, 5:30 to 8 between Izzy Smith-Wade-EI and Janet Diaz. Mr. Geer stated there are many concerns among students regarding off-campus parties. Dr. Victor DeSantis stated when students bring any concems/complaints, to the Title Office at the University, they are always investigated. He also mentioned that commencement IX will bel held on May 6th and 7th and move-out will be completed on May gth. You will then different atmosphere in the community. BOROUGH MANAGER REPORT see a None PRESIDENT'S REPORT President Hauck received a resignation letter from John Rochat, Borough and asked for a motion to accept his resignation effective May 6, 2022, at 5:00pm. Mrs. Manager Gerber made amotion to accept the resignation oft the Borough Manager and Ms. Weidinger seconded the motion. Mayor Aichele stated that John Rochat has been the Police Chiefand Borough for the past three years, and both are very demanding positions. Chief Rochat will continue Manager as Millersville Borough Police Chief. Motion to accept. John Rochat's resignation effective 2022, passed by unanimous voice vote. May 6, President Hauk stated since we currently do not have a Borough Manager, we. need make some appointments, effective May 6th at 5:00pm, to make sure the daily Borough work to continues on time and legally. She made a motion to appoint Mary Ann Gerber as acting Secretary and the motion was seconded by Ms. Miller. The motion passed unanimous voice vote. by President Hauck made ai motion to appoint Lisa Gochnauer as Treasurer. Mrs. Gerber President Hauck made a motion to appoint Sue McCullough as. Assistant Secretary. Ms. seconded this motion and motion passed by unanimous voice vote. Weidinger seconded that motion and motion passed by unanimous voice vote, 8of9 April 26, 2022 MILLERSVILLE BOROUGH COUNCIL MEETING MINUTES President Hauck stated she is making a change in the Finance Committee assignments to free up Mary Ann Gerber sO she can handle other Borough responsibilities. Maggie Weidinger, will be the Chair oft this committee and Lynn Miller, Vice Chair. UNFINISHED BUSINESS None EXECUTIVES SESSION At 8:30pm, President Hauck stated Borough Council will move to Executive Session, to discuss personnel issues. She stated no action will be taken at the Executive Session, and when Council reconvenes, the meeting will be adjourned. She asked Mayor Aichele to remain for the session. ADJOURNMENT Coming out ofExecutive Session and having no further business to discuss, President Hauck adjourned the meeting at 8:57 pm. Respectfully submitted, PhyCnm brha Mary Ann Gerber Borough Secretary MAG/sam 9of9