Join Zoom Meeting Meeting." Diali in.. +13 301715 8592 US (Washington DC) Meeting ID: 89615158 8634 Passcode: 583492 Executive Session: 6:45PM  Visit home page at tps/www.honoverhoroughp.aov ands scroll down to Hanover News on the Borough Website, "Join Zoom  AGENDA FOR THE MEETING OF HANOVER BOROUGH COUNCIL  WEDNESDAY.APRIL 24, 2024 AT 7:00 PM  I.  PRELIMINARY MATTERS & OFFICERS' REPORTS  1. Pledge of Allegiance Moment of Silence Roll Call Public Comment  2. 3. 4. 5. 6.  Proclamation - Mayor Whitman  Motorcycle Safety Awareness Month Presentation - Maximum Parameters Debt Ordinance  7. Consent Agenda  a. Approval of Minutes i. ii. b. Finance Reports:  March 27, 2024 Council Minutes  March 27, 2024 Alley Vacation Public Hearing Minutes  i. Approve Bills for Payment i. Accept Monthly Financial Statement ii. Accept Report of Monthly Investments . Field Use Agreements: - Hanover Diamond Sports - Myers Ballfield  d. United Steelworkers Labor Contract: Approve contract for 2024-2026 e. 33&44 Frederick Street Capital Building Projects: Approve "single prime" contract  method  Plan Approvals/Extensions Plan until August7, 2024 Subdivision Plan  A Accept offer to grant extension for YWCA PreliminarylFinal Land Development ii. Approve Resolution No. 1408 for 28-30 Charles Street PreliminarylFinal  g. Vehicles & Traffic Advertisement of Ordinances: minute time limit for existing loading zone Establish loading zone with 20 minute time limit  West Side Railroad Street, south of Bank Lane toward Broadway - Establish 20 ii. 108 East Chestnut Street, east side Railroad Street at Greer's Restaurant -  Page 1    I.  PRELIMINARY MATTERS & OFFICERS' REPORTS  7. Consent Agenda, continued  h. Kayak/Canoe/Non-Gasoline Aquatic Rentals: Approve agreement with Susquehanna Outfitters for Long Arm and Sheppard Myers reservoirs Recycling Ordinance Amendment: Approve advertisement of ordinance to amend  wording to include high grade officer paper  II.  REPORTS OF THE STANDING COMMITTEES  Council WorkshoplFinance & Personnel Committee - Mr. Kress  1. Consideration of a motion approving Ordinance No. 2364 for a maximum parameters debt ordinance fori the financing of the proposed Public Safety and Administrative Complexproject 2. Consideration of a motion approving Ordinance No. 2365 revising the pension benefit 3. Consideration of a motion to authorize reduction of municipal lien for 206 York Street to  at 44 Frederick Street, Hanover, PA.  formula for the Hanover Borough Employees Pension plan. judgment and to take steps to execute on the judgment.  Planning Commission - Mr. Hegberg Facilities Planning Module.  1. Consideration of a motion to approve Resolution No. 1409 for Cherry Tree V Sewage 2. Consideration of a motion to approve Resolution No. 1410 for conditional approval of the  Cherry Tree VI Preliminary Land Development Plan. Public Safety Committee - Mr. Fuentes  1. Consideration of a motion approving Ordinance No. 2366 amending Chapter 346 of The Hanover Borough Code for restricted parking on Eagle Avenue, stop signs on Fame Avenue at Moul Avenue intersection and removal of stop signs no longer needed on East Walnut 2. Consideration of a motion approving the advertisement of an ordinance for Rental  Street at Fame Avenue and Moulstown Road.  Registration and Inspection. Water Resources - Mr. Reichart  1. Consideration of a motion approving the settlement agreement and change order in the amount of $71,000 with KC Construction for the Sheppard-Myers Dam Rehabilitation project.  Page 2    III. MAYOR'S REPORT  IV. OTHER MATTERS  Public Comment  May Council & Council Committee Meetings  "Governance & Policy Committee "Enhancement Committee *Public Safety Committee Hanover Borough Council:  Monday, May 6, 20246:00F PM Wednesday, May 8, 20246:001 PM Tuesday, May 13, 20246:00F PM Wednesday, May 22, 20247:00F PM  Council WorkshoplFinance & Personnel: Wednesday, May 15, 20247:001 PM  * Committee Meetings will be cancelled if there is no business. Please advise the Borough Secretary if  you will be unable to attend any meetings.  V.  ADJOURNMENT  Page 3    Consent7.a.i. Council Minutes  Hanover Borough Council Minutes, March 27, 2024  President Reichart convened the public meeting of Hanover Borough Council on Monday, March 27, Community Media was present to conduct a video and audio recording of the meeting via Zoom  2024 at 7:03 PM in the Hanover Borough Council Chamber, 44 Frederick Street,  advertised.  Hanover, PA, as  presentation: for all citizens to have access. PRELIMINARY MATTERS & OFFICERS' REPORTS  President Reichart called ther regular business oft the meeting to order and asked all thosei in attendance Onr roll call the following answered as present: Mr. Bubb, Mrs. Funk, Mrs. Greenholt, Mr. Hegberg, Mr. Kress, Mr. Lookenbill, Mr. Reichart, Mr. Roland and Dr. Rupp; Mayor Whitman; Solicitor Shultis; Staff Members Secretary Felix and Borough Manager Lewis; Councilman Mr. Fuentes and Junior Solicitor Shultis gave a brief summary of a retreat held March 23, 2024 including a guided tour of Borough facilities and a Council training session for Hanover Borough Council members and staff conducted by Strategic Consulting Partners. No official action was taken or discussed during this time. Dr. Rupp noted that ther retreat came out of the Governance Committee, and she commended Lewis for coordinating same. The retreat was a success and a useful tool for all of Council and Manager staff. Sandy Bialek, 10 N. Railroad Street: Ms. Bialek stated that she owns Fat Bat Brewery, and they will bec celebrating their 3y year anniversaryi ini ther near future. She mentioned that it still is a post-pandemic world in her business. She described her cooperative efforts in various downtown events and her Mr. Roland commended Fat Bat Brewery for their successful business and community involvement. Mrs. Bialek noted that the minutes of the February 6, 2024 Public Safety Committee that the Oak, along with Fat Bat Brewery, requested an extension of the existing loading meeting zone Railroad Street. She clarified that Fat Bat did not request this, and that the Oak solely requested along the change in the length of the existing loading zone. She stated that her delivery vendors utilize smaller trucks to fiti into the loading zone. She wanted to make sure that Council was aware of her forwarding the necessary vendor forms toi food trucks who may utilize the spot in front of her business. She stated thats she was noti ini favor oft thei food trucks parking in Bank Lane, as suggested by Borough staff, since She noted that there was a problem with one undesignated parking spot along Railroad Street, since the meter was not replaced, and she would like this parking spot metered to have continued use for Isaac Riston, 36 West Hanover Street: Mr. Riston noted that the rental survey report was made available to the public. He asked what happens next, and ifi it will be forwarded back to the Public  tor recite the Pledge of Allegiance followed by a moment of silence.  Councipersons Huston and Persaud were noti in attendance.  Public Comment:  vested interest int the community.  reflect  itmay negatively impact the food truck sales.  parking.  Safety Committee before moving forward.  President Reichart thanked all of the citizens for their comments.  Consent Agenda: Agenda:  Itwas moved by Mr. Roland, seconded by Mrs. Funk to approve the following items on the Consent  a. Approval of Minutes  i. ii.  February 28, 2024 Council Minutes  February 21, 2024 Alley Vacation Public Hearing Minutes  b. HEDC Good Field Lease: Approve Resolution No. 1401 ratifying lease agreement  C. Motor Oil, Lubricants & Transmission Fluid PPC Lubricants: Approve bid award    Hanover Borough Council Minutes, February 28, 2024, Page 2  Consent Agenda, continued  d. Special Events = Approve special event permit F Pride Fest - June 29, 2024, Moul Field e. Police Department Civil Service Regulations Revisions: Approve Language revisions related to charges, fines & suspension 1. Article VII, Section 704, and Article VIII Sections 801 &803 ii. Approve Illegal Drug Usage revisions 1. Article III, Section 305 & Applicant Drug Policy Disposition of Records: Approve Resolution No. 1402 g. Landfill Hay Bid Contract: Approve 5 year extension with 5% increase h. Advertisement of Proposed Traffic Ordinances for Approval: Installation of stop signs on Fame Avenue at intersection of Moul Avenue ii. Elimination of stop sign on East Walnut Street near Fame Avenue ii. Parking restriction on 200 block Eagle Avenue Kindig Lane & High Street: Ratify support letter to PennDOT for temporary signal PCCD. JAG* Grant Submission: Approve Resolution No. 1403 for funding for police body cameras and appurtenances Pennsylvania Commission on Crime and Delinquency k. Cherry Tree VF Plan Extension: Accept offer to grant extension for plan approval until YMCA Summer Playground Agreements: Approve 2024 summer playground m. PAI Broadband Development Authority: Approve Resolution No. 1404 for grant n. AFSCME Blue Side Letter Agreement: Approve side letter agreement for use of  light  Justice Assistance Grant June 26, 2024 agreement  submission for Guthrie Memorial Library  accumulated sick leave  Motion carried.  REPORTS OF THE STANDING COMMITTEES  Council WorkshoplFinance & Personnel Committee - Mr. Kress  Itv was moved by Mr. Kress, seconded by Mrs. Funk to authorize and direct Borough staff, the Borough Solicitor and thel Borough's financing team to take preparatory action required in order fort the Borough to undertake thet financing oft the proposed Public Safety and Administrative Complex project, including the preparation of relevant documents and the legal advertisement of a maximum parameters debt Itv was moved by Mr. Kress, seconded by Mrs. Greenholt to approve the following resolutions to adopt  ordinance. Motion carried.  af five-year asset smoothing method for the Borough of Hanover Pension Plans:  a. Resolution No. 1405 Borough of Hanover Employee Pension Plan b. Resolution No. 1406 Borough of Hanover Police Pension Plan Resolution No. 1407 - Borough of Hanover Fire Drivers Pension Plan  Motion carried.  It was moved by Mr. Kress, seconded by Mr. Roland to approve the advertisement of an ordinance amending the Code of Ordinances, Chapter 62, Article II, entitled Borough of Hanover Employees Pension Plan, in order to modify the pension benefit formula to 1.50% multiplier for non-union, non- uniformed employees who have an hour of service on or after July 1, 2024. Motion carried.  Public Safety Committee - Mrs. Funk  Itv was moved by Mrs. Funk, seconded by Mr. Kress to approve Ordinance No. 2363 for vehicles and traffic regulations in the area of East Chestnut Street and to repeal a yield sign for Grant Drive & East Walnut Street which no longer exists. On roll call, the following voted in favor of the motion: Mr. Bubb, Mrs. Funk, Mrs. Greenholt, Mr. Hegberg, Mr. Kress, Mr. Lookenbill, Mr. Reichart, Mr. Roland and Dr.  Rupp. The motion passed with all voting in favor. Moton carried.    Hanover Borough Council Minutes, February 28, 2024, Page 3  MAYOR'S REPORT - Mayor Whitman reported her February highlights:  Feb7 7th: Feb2 20th:  Borough Manager Margie Lewis and Ispent the dayi in Harrisburg with Deltal Development Groupr meeting with Senator Kristin Phillips-Hill and" The PADCED to discuss the Hanover took part in an Hispanic Roundtable that was held at the YWCA. The PA House Democratic Caucus, hosted by the Central PA Delegation and Latino Caucus held a Roundtable that consisted of the Latino Caucus Chair, the Central PA Delegation Chair, Latino Elected Officials, Latino Educators, small businesses and CASA. State Rep. Kate Klunk and Councilwoman Barb Rupp also attended. We discussed the problems and  Borough capital projects.  concerns facing the Latino and Hispanic communities in York County.  Feb2 23rd: Two new Code Officers were sworn in. Welcome Steven Ryon and Donald Jenkins to the Throughout the month Iwas involved with many meetings concerning The Blue Zones Project (BZP) and the Blue Zones Project Presentation. The BZP is an initiative that I along with the steering committee are hoping to implement in Hanover and eventually all of York County. The 250th  Hanover Borough Team.  Celebration Committee also met.  President Reichart thanked Mayor Whitman for her report.  OTHER MATTERS Public Comment Governors be orchestrated. are more  Robert Holt. 513 High Street: Mr. Holt referenced his right to know requests for the Library Board because he was under thei impression that there were representatives from other municipalities on the Board. He stated that he intends to file a right to know for a line item budget for the public. Mr. Holt asked about the effort for pension smoothing, and questioned the reason for same, and how it would Aaron Seidel, 327 West Elm Avenue: Mr. Seidel addressed Mr. Holt's comment on the Library Board. He noted that other municipalities feel unrepresented, and recommended future representation sO  of  and for information that was provided according to the Borough Code. He was confused  they  comfortable giving their fair share for the library.  President Reichart reminded all of April Council & Council Committee meetings:  SowmeiPalyCamsie *Public Safety Committee Hanover Borough Council: you be unable to attend any meetings.  M9nday-APH-4,20246,00PM-(no, business) Tuesday, April 2, 2024 6:00 PM Wednesday, April 24, 20247:00PM  *Public Works & Facilities Committee Wednesday, April 10, 20246:00F PM Council Workshop/Finance & PersonnelWednesday, April 17,20247:00PM * Committee Meetings will be cancelled ift there is no business. Please advise the Borough  if  will  Secretary  Adjournment carried.  It was moved by Mrs. Funk, seconded by Mrs. Greenholt to adjourn the meeting at 7:23 PM. Motion  Respectfully submitted, Borough Secretary P    NO.2363 AN ORDINANCE  AN ORDINANCE. AMENDING ORDINANCE! NO. 6851 ENTITLED, "AN ORDINANCE REGULATING TRAFFIC IN AND CERTAIN USES OF THE HIGHWAYS OF THE BOROUGH OF HANOVER, AS SETFORTH INCHAPTER: MWOFTHECODEOFONDINANGIEOPTIEBIOROUCN  OFHANOVER."  BE IT ENACTED AND ORDAINED by the Council of the Borough of Hanover, York County, Pennsylvania, and it is hereby enacted and ordained by the authority of the SECTION1: That Ordinance No. 685 entitled"' "An Ordinance Regulating Traffic In and Certain Uses oft the Highways of The Borough of Hanover" is hereby amended. SECTION 2: That Section 346-1 -1 Paragraph C of the Code of Ordinances of The Bomgiefmoerentited, "Streets and alleysi inz whichy parkingisr restricted. Parkingisn restricted in the following streets and alleys in the manner hereinafter provided," shall be amended to  same as follows:  include the following items: Name of Street East Chestnut Street  Side South  Location  From Railroad Street eastward 100 feet parking prohibited  SECTION3: That Section 346-16- - Yield Right-of-Way Intersections Established is hereby amended to repeal/eliminate thef following yield right-of-way intersections:  Yield SignOn East Chestnut Street Grant Drive  Direction of Travel North South  AtIntersectionc of Allewelt Alley East Walnut Street  SECTION 4: That Section 346-14 Stop Intersections is hereby amended to include  the following stop intersection:  StopSign on Allewelt Alley  Direction of Travel North  Atintersectionof East Chestnut Street  NOW, THEREFORE, BEI IT ENACTED AND ORDAINED this 27th day of March, 2024 that Chapter: 3460 of the CalefOnhmmosefTie! Borougho ofHanoveri isl hereby amended.  ATTEST:  THEI BOROUGH OF HANOVER - Council (Vice) President  Dy4L  APPROVED this 27th day of! March, 2024.  SaLL  Mayor    Consent 7.a.ii. Public Hearing Minutes  ALLEY VACATION PUBLIC HEARING MINUTES Alley between 105 to 119/121 Allegheny Avenue  March 27, 2024  President Reichart called the public hearing to order for the proposed alley vacation for the alley between 105 and 119/121 Allegheny Avenue at 7:00 PM in the Hanover Municipal Building, 44 Frederick Street, Hanover, Pennsylvania. Council Members present were Mr. Bubb, Mrs. Funk, Mrs. Greenholt, Mr. Hegberg, Mr. Kress, Mr. Lookenbill, Mr. Reichart, Mr. Roland and Dr. Rupp; Mayor Whitman; Solicitor Shultis; Staff members Secretary Felix and Borough Manager Lewis; Councilman Mr. Fuentes  was not in attendance.  Public Comment: None was presented.  Itv was moved by Mr. Kress, seconded by Mr. Hegberg to table the decisional public hearing for the proposed alley vacation for the alley between 105 and 119/121 Allegheny  Avenue to a later date. Motion carried.  Additional Public Comment: None was presented.  Adjournment of Hearing: PM. Motion carried.  It was moved by Mr. Kress, seconded by Mrs. Funk to adjourn the public hearing at 7:02  Respectfully submitted, PHessyn BoroughSecretary    Consent 7.c. Field Use Agreement  AGREEMENT  THIS AGREEMENT, made this 1st day of April 2024, between THE BOROUGH OF HANOVER, 44 Frederick Street, Hanover, York County, Pennsylvania 17331, party oft the first part (hereinafter called the' "Public Chuck Fitzgerald, 311 Stocks St, Hanover, PA: 17331, Hanover Diamond Sports, party of the secondp WHEREAS, having complied with all statutory requirements relatingt to contracts and purchases, "Public Bodies" have accepted the Organization's request to use fields owned by the' "Public Bodies" ins strict the" compliance with the' "Public Bodies" specifications: all ina accordance with the specifications listed below and made a  Bodies"), AND (hereinafter called the" Organization"). WITNESSETH: hereof.  part  part  Myer's Playground Ballfield- Filbert St From April thru. June 2024 for at fee of $225.00 From September thru November 2024 for at fee of $150.00 ($75.00 month) Total $375.00 NOW, therefore, itis agreed between the parties hereto asf follows:  Organization" agrees that allr materials and/or services furnished the' "Public Bodies" undert the terms of "Organization" agrees that, inf fulfilling this agreement, he willr not violate any laws and/or regulations, state, federal, orl local, ands save the' "Public Bodies" harmless froma any and all liability arising from or by reason of damage willfully or negligently caused by Supplier in carrying out this agreement. 3. "Organization" agrees tot take care ofa any field preparation and maintenance, and will clean up the Organization" agrees to calculate amount due the' "Public Bodies" and submit a report detailing activities 5. "Organization". agrees to provide a certificate of insurance naming the Borough as INI WITNESS WHEREOF, the parties hereto have dulye executed this agreement the day and first  this agreement shall comply strictly with the' "Public Bodies" specifications.  facilities after each event.  /fields used and submit payment within (30) thirty Days.  coinsured. mentioned. ATTEST: Secretary  year above  THE BOROUGH OF HANOVER Council President  Chuck Hanover Diamond Sports  dnle A    Consent 7.d. United Steelworkers Labor Contract  COLLECTIVE BARGAINING AGREEMENT Between  THE BOROUGH OF HANOVER  And  UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL: AND  SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO-CLC On behalf ofl LOCAL UNION 7343-07 UNITED STEELWORKERS USW  UNITY ANDSTRENGTHFOR WORKERS  JANUARY 1, 2024 -DECEMBER 31,2026    INDEX  ARTICLE1-P RECOGNITION ARTICLE2- -MAINTENANCE & MEMBERSHIP ARTICLE3- CHECK-OFF ARTICLE4- GRIEVANCE PROCEDURE  PAGE1 PAGE1 PAGE1 PAGE2 PAGE2 PAGES3-4 PAGES4-6 PAGE6 PAGES6-7 PAGE7 PAGES8-9 PAGES9-12 PAGES12-13 PAGE13 PAGES13-15 PAGE15 PAGE15 PAGE16 PAGE16 PAGE16 PAGE16 PAGE1 16  ARTICLES-STRIKES; SLOW DOWNS, STOPPAGE AND LOCKOUTS ARTICLE7- HOURS OFV WORK-OVERTIME NIGHTDIFFERENTIAL  ARTICLE6-WAGES ARTICLE 8- - HOLIDAYS ARTICLE 9- - VACATIONS ARTICLE 10-SICKI LEAVE ATIGEII-EBEANCMENTIENA ARTICLE: 12-SENIORITY ARTICLE: 13-SAFETY & HEALTH ATICE14-MANAGEMENT ARTCIE15-INSURANCE PLAN ARTICLE: 16-PENSION PLAN ARTICLE 17-L UNION NOTICES ARTICLE: 18 -TERM OF CONTRACT ARTICIE19-SUCCESSORS ARTICLE20-E EQUAL OPPORTUNITY ARTICLE21- CONTINUTYOFSERVICE  SIGNATURES    2024-2026. JOB CLASSIFICATION/PAY RATE  PAGE17 PAGE18 PAGE19 PAGE20-22 PAGE23 PAGE24  SCHEDULE) A-PROBATIONARYI PERIOD INSURANCE SUMMARY SCHEDULE B-D DISABILITY INSURANCE SUMMARY SCHEDULE C-H HEALTH INSURANCE SUMMARY SCHEDULE D-D DENTAL CARE INSURANCE SUMMARY SCHEDULE D-E EYE CARE INSURANCE SUMMARY  ii    AGREEMENT  THIS AGREEMENT is by and between The Borough of Hanover, York County, Pa., hereinafter referred to as the "Employer," and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, hereinafter referred to as the "Union"  on behalf ofi its members in Local Union No. 7343-07.  ARTICLE1-F RECOGNITION  The Employer hereby recognizes and accepts the Union as the official and exclusive bargaining agent for itsr members under this contract, in all matters of wages, rates of pay, hours of work and other conditions ofe employment, in the water maintenance, distribution, and processing departments, including pumping station, filter plant, meters, impounding basin and reservoir, and excluding all managerial, clerical salaries and supervisory employees. It is recognized by the parties hereto that the Employer is engaged inf furnishing an essential publics service, which vitally affects the health, safety, comfort, and general well-being ofal large number of people in the communities furnished with water: service by the Employer. The responsibility of uninterrupted service to the publici is a mutual responsibility of employees and management, which requires that any disputes arising between employees and management be settled in an orderly way without interruption of water service, and both parties to this  agreement hereby recognize this mutual responsibility. ARTICE2-MAINTENANCE ANDI MEMBERSHIP  Each employee, who on the effective date of this Agreement, is a member of the Union and each employee who becomes a member after that date, shall maintain his/her membership in the Union, provided that such employee may resign fromi the Union during a period oft fifteen (15) days prior to the The union is permitted to spend one (1) working hour with New Hires within the first seven (7) days of  expiration oft this Agreement. employment. ARTICLE3-CHECKOFF  Upon signed and dated authorization from any employee, the Employer shall deduct his/her non- recurring initiation feesand monthly dues to the Union from his/her first pay ofeach month until the termination oft this contract. However, if the Employer does not receive written revocation ofs such authorization upon the termination oft this contract, such authorization shall continue in effect as legally permissible for the duration of this contract or renewal thereof. Acopy of such revocation shall be furnished to the Union, and any such revocation shall be submitted during any period of fifteen (15) days prior to the above-mentioned termination dates. All monies deducted under Article 3 shall be paid to the International Treasurer of the Union on or before the 15th day of the month in which the moneyi is checked off, together with al list of employees from whom the money was deducted and also together with a list oft those employees who had no dues deducted for said month, stating in each case the reason for no dues deduction. A copy of such lists shall also be forwarded to the Local Union Office at 310  Linden Avenue, Hanover, PA 17331.  1    ARTICLE4-G GRIEVANCE PROCEDURE  Should any dispute involving wages, hours of labor or other conditions within the scope of the Agreement arise between the Employer and anye employee, there shall be no suspension of work by an employee on account of such dispute or trouble, but an earnest effort shall be made to: settle the matter STEP 1. The grievance shall, within ten (10) days afteri its occurrence, be taken up with the employee's supervisor. The supervisor shall give his/her answer to the grievance within five (5) days, excluding STEP 2. Ifthe supervisor's answer does not settle the grievance, the grievance shall be reduced to writing by the steward and presented within five (5) days by the Union to the Manager, who shall give his/her answer within five (5) days, excluding Saturday, Sunday and Holidays. The Union shall advise the Manager within five (5) days excluding Saturday, Sunday and Holidays, whether their answer has satisfied the grievance or if the Union desires to have a conference to discuss the grievance. A copy of the minutes of such conference shall be forwarded to the International Representative at the International Union'sSub-District Office, 245 Centerville Road, Suite 9, Lancaster, PA 17603. STEP3. Failing to affect a settlement oft the grievance at this time, the Union Committee (which shall be composed ofr no more than 3 members oft the Local Bargaining Unit) shall call in the International Union representative to assist ina a settlement of said grievance. Notice should be given to the Employer within five (5) days after receipt oft the Step 2 minutes and a Step 3 conference shall be held within fifteen (15) days after the conclusion oft the Step 2 meeting unless extended by mutual agreement by the parties. STEP4. Ifthe parties fail to come to agreement, then it is agreed by and between the parties hereto that the matter shall be referred to arbitration. Itis agreed. between the parties that in the event of arbitration and after the request fora arbitration, then the arbitrator shall be selected by and under the rules oft the American Arbitration Association. The arbitrator's award shall be based on the terms of this contract, and he may not add to, subtract from or change in any way the terms and provisions of this contract. The arbitrator's fee and expenses shall be paidj jointly by the Employer and the Union. The arbitrator's decision shall be final and binding upon both parties for the duration of this contract. Thei function of the arbitrator is to determine the interpretation and application oft the specific provisions of this Agreement. There shall be no right in arbitration ofa a grievance to obtain, and no arbitrator shall have any authority or power to award or determine, any change in, modification or alteration of,  under the following steps oft the grievance procedure:  Saturday, Sunday and Holidays.  addition to, or detraction from, any of the provisions of this Agreement. ARTICLE: 5-5 STRIKES, SLOW DOWNS, STOPPAGE AND LOCKOUTS  The Union agrees that there shall be no slowdown of work, no stoppage of work and no strikes, and the Employer agrees that there shall be no lockout for the duration of this agreement or any renewal  thereof.  2    ARTICLE6-WAGES  The parties agree to the following general wage increases for each year oft the contract, coupled with the  elimination oft the CPI calculation set forth below.  1/1/2024 1/1/2025 1/1/2026  4% 4% 3%  Longevityi increases for employees hired prior to. January 1, 2007, shall be reflected in employee's! hourly  pay as follows on the anniversary date ofe employment: (A) 3% added after 6 years of service. (B) 6% added after 10y years ofs service. (C) 8% added after 15 years of service. (D) 10% added after 20 years ofs service.  Longevity shall not be compounded but shall apply to an employee's base rate as ofJ January1feach year or on attainment or change due to his anniversary date as specified herein following appropriate years of service. The Borough hereby agrees to begin longevityi increases on the day of the employee's anniversary. Employees hired after. January 1, 2007, will not be eligible for longevity benefits. The Employer agrees to provide for direct deposit of paychecks by delivering checks to al bank for disposition as directed by the employee in that depository or via transfer to another bank. Deposit shall be made in employees' accounts and available for withdrawal no later than Saturday Noon oft the pay Int the event al holiday falls on al Friday, the Borough of Hanover shall make every effort to deliver all checks to the bank for direct deposit prior to 12 noon on the Thursday preceding the holiday. All Mileage The Employer will pay to any employee using his own motor vehicle for company businessa mileage reimbursement equivalent to mileage reimbursement allowed byl law and paid by the Jury Duty- The Employer will pay to any employee summoned for jury duty or who is subpoenaed asa witness in a legal proceeding and who actually serves as a member of aj jury panel or appears in response to suchy witness subpoena, an amount equal to the difference between his straight time pay for each day of such jury or witness duty and the amount of hisj jury or witness fees. Education - The Employer will pay tuition, mileage and other costs incurred for educational purposes when such educational purposes are, by mutual agreement of the employer and the concerned employee, necessary in connection with the employment of such employee.  week.  employees shall be required to have a direct deposit.  Commonwealth of Pennsylvania at any given time.  3    Shift Differential- The shift differential oft two ($2.00) dollars per hour in 2024, 2025, and 2026 will be paid to both the second and third shifts for each hour worked within that period. Second and third: shifts are defined as any shift either starting or ending on as scheduled basis between the hours of6 p.m. and 6a.m. Shift differential willl be applied only to a regular shift schedule or a continuation ofa regular shift schedule for a basis of computing both regular pay and overtime. Shift differential shall not apply to  emergency callouts. SECTION1.  ARTICE7-HOURSOF WORK- OVERTIME NIGHT DIFFERENTIAL  (A) For alle employees, except employees at the Water Filtration Plant, the workweek shall consist of5 (B), At the Water Filtration Plant, the workweek: shall consist of either of thet following: 1. Five (5) consecutive 8-hour workdays in any pre-established work schedule; or  consecutive 8-hour workdays in any pre-established work: schedule.  2. Five (5) 8-hour workdays in any pre-established work schedule but not necessarily consecutive days. SECTION: 2. The workday shall consist of any 24 hours in a pre-established work: schedule. SECTION:3. The regular hours of work for any shift shall be consecutive except that they may be SECTION 4. The work: schedule showing the employees' shifts, workdays, and hours shall be posted on applicable work site bulletin boards. Except for emergencies, changes will be posted two (2) weeks in SECTION5. Time and one half shall be paid in excess of 8 hoursi in any one day and 40 hours in any one week. For purposes of computing weekly overtime, the work week shall be considered as beginning Monday of each week with the punch-in time of any shift or schedule which ends on Monday! being SECTION 6. Time and one half shall also be paid for any work performed by an employee on the first scheduled day offi in any calendar week and double time shall be paid for any work performed by an employee on1 the second scheduled day off in any calendar week. For purposes oft this section, a sick day, vacation day, or holidayi falling within an employee's regular scheduled workweek: shall not be considered as breaking the regular 5-day working schedule if absence from work for any of the above SECTION7. This article is intended only to provide a basis for the calculation of overtime. None ofi its provisions shall be construed as a guarantee of a minimum or maximum number of hours of work or SECTION 8. Al holiday, whether worked or not, shall be considered a day worked for the purpose of  interrupted by al lunch period.  advance.  considered as the beginning oft the calendar or overtime week.  reasons is scheduled and approved by the employee'ssupervisor.  schedules of work to any employee or groups of employees.  computing weekly overtime.  4    SECTION 9. Employees called back to work after completing their regular shift or after completing their regular workweek shall be paid at the applicable overtime rate for1 the actual hours worked, buti for no less than 3 hours at the applicable overtime rate. Further, employees shall not be asked to do work 1. An emergency willl be defined as anything needing immediate attention; all other situations willl be considered as an added shift. When employees are provided twenty-four (24) hours or more notification to work an added shift, the employee shall not be entitled to receive a half hour paid lunch period. When employees are provided less than twenty-four (24) hours notification to work an added shift, the employee shall be paid for the half hour lunch period and: shall be entitled to a maximum  other than emergency" work oft the type for which they were called out.  reimbursement of twenty ($20.00) dollars per diem.  2. During negotiations for the 1995-1997 contract, it was agreed management would not require Water Department employees to carry pagers so long as employees were available by telephone for emergency work call-ins. It was also agreed thati ifa an employee does not maintain aj phone or problems reaching employees for emergency work occur, management may require employees to carry pagers to notify SECTION 10. Overtime shall not be pyramidal; this is both daily and weekly overtime shall not be paid SECTION: 11. Overtime work: shall be divided in seniority order as equally as possible within respective SECTION 12. Ifane employee is temporarily: assigned to al higher rated position fora a period oft two (2) hours or more, then the employee shall be paid the established rate for1 the position for that period of time. Employees temporarily assigned to al lower rated classification, unless permanently demoted, shall SECTION 13. Alle employees shall receive ar rest period of 15 minutes during the first half oft the workday SECTION 14. (A) Any employee who is required to work more than 2 hours beyond his/her regular work shift shall receive al % hour paid meal period and: shall be entitled to a maximum reimbursement of twenty ($20.00) per diem. After each additional 4 hours of continuous work, the employee shall receive al % hour unpaid meal period and shall be entitled to twenty dollars ($20.00) per diem. When employees are provided twenty-four (24) hours or more notification to work an added shift, the employee shall not be entitled to receive a % hour paid lunch period. When employees are provided less than twenty-four (24) hours notification to work an added shift, the employee shall be paid fora % hour lunch period and: shall be entitled to twenty ($20.00) dollars per diem. (B) On emergency callouts, after 4 or more hours of continuous work, an employee shall receive a % hour paid meal period and shall be entitled to twenty ($20.00) dollars per diem for one paid meal. After each additional four (4) hours of continuous work, the employee shall receive al % hour non-paid meal period and shall be entitled to  employees of emergency call-ins, Memorandum of Agreement. June 1995).  for the same hours worked.  job classifications within each department.  retain their regular rate.  and 15 minutes during the second half oft the workday.  twenty ($20.00) dollars per diem for one paid meal.  5    SECTION 15. An employee shall have the right to request relief from working more than sixteen (16) SECTION 16. Any employee who has continued work eight (8) hours or more beyond his shift shall not be required to report for work for at least eight (8) hours from the time his/her overtime work ended. SECTION 17. Any employee already working who is to be assigned to a late shift within a twenty-four- hour (24) period shall not be sent home before the completion of his current shift. SECTION 18. SHIFT SCHEDULES. Shift schedules shall begin within the following times: first shift- 6:45 a.m. to 8:00 a.m.; second shift- 2:45 p.m. to 4:00 p.m.; third shift-10:45 p.m. to 12 midnight. Management agrees that shift schedules from one working shift to another working shift shall not be  consecutive hours, except in emergencies.  changed for less than one week at a time.  ARTICLEB-HOUDAVS  New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Black Friday and Christmas Day shall be considered legal holidays, and Six (6) Personal Days shall be considered personal holidays for which employees shall be paide eight (8) hours straight time holiday pay after having been employed ninety (90) days prior to the holiday. Double-time shall be paid for all hours worked on the Ini the event a holiday falls on a Saturday, then the previous Friday shall be considered and observed as the holiday; ift the legal holiday falls on a Sunday, then the following Monday shall be considered and Employees shall not be paid for legal holidays unless they work the day before and the day after the legal holiday if those days are their regular workdays unless excused by the Manager. Except int the case of bona-fide emergencies, employees shall submit requests for use of personal holidays at least three (3) At the Water Filtration Plant, should al legal holiday fall on a Saturday or a Sunday, then the double-time holiday rate shall apply for work performed on those days and the regular straight time rate shall apply forv work performed on the Borough recognized Friday preceding or the Monday following the legal holiday. The straight time holiday pay shall be paid to employees working the Saturday or Sunday legal holiday on the day worked. All other employees shall receive their straight time holiday pay on the Borough recognized Friday or Monday holiday. The straight time holiday pays shall be counted as eight Double-time shall be paid to any personnel for all hours worked, after his/her regularly scheduled shift,  seven (7) legal holidays in addition to the holiday pay.  observed as the holiday.  working days in advance oft the day on which the personal holiday is to be taken.  (8) hours worked as part oft the regularly scheduled forty (40) hour work week.  on an overtime basis on Christmas Eve. ARTICIE9-VACATIONS  SECTION1. Ane employee shall be eligible for annual leave after one (1) year of service with the Employer. Employees shall earn leave credits as of their date of hire. Leave shall be earned according to  the following schedule:  6    SERVICE  ANNUAL LEAVE PERYEAR 5 10 15 22  ENTITLEMENT PER MONTH 5/12 5/6 11/4 15/6  0-12 months 12-72 months 72-144 months 144 months and up  SECTION:2. Vacation is accrued per pay period based on the hours paid in the period. Employees working less than 2,080 hours annually may not accrue the full annual vacation weeks. SECTION:3. Vacation pay shall be the employee's regular straight time rate of payi in effect for the employee's regular job on paydayir immediately preceding the employee's vacation period. SECTION 4. Vacations shall be granted at the time requested by the employee subject to management's responsibility to maintain efficient operations. Ifther nature of the work makes it necessary to limit the number of employees on vacation at the same time, the employee with the greatest seniority asi it relates to total years ofs service int the Borough of Hanover shall be given his choice of vacation period in SECTION! 5. Ifal holiday occurs during the calendar week in which vacation is taken by an employee, the SECTION 6. Ifan employee is required to work during his scheduled vacation period andi is unable to reschedule his vacation during the calendar year due to the demands of his work, the unused vacation days shall be carried forward into thet following calendar year and shall be carried forward thereafter as Voluntary accumulation of up toi forty-five (45) unused vacation days by employees hired before January 1, 2020, shall be permitted to carry over from year to year. Any accumulated unused vacation days over the employee's forty-five (45) day maximum shall not carry over from year to year for employees hired before. January 1, 2020. Upon termination of employment, such accumulated vacation Voluntary accumulation of up tot thirty (30) unused vacation days by employees hired on or after January 1, 2020, shall be permitted to carry over from year to year. Any accumulated unused vacation days overi the employee'st thirty (30) day maximum shall not carry over from year to year for employees hired on or after. January 1, 2020. Upon termination of employment, such accumulated vacation days Employees retiring on or before December 31, 2024, shall be entitled to the payout of accumulated vacation (22 days) and sick leave (85 days) provided under1 the prior collective bargaining agreement.  the event of any conflict in selection. holiday shall not be charged to annual leave.  accumulated vacation from year to year until taken by employee.  days shall be paid at the employeesregular rate per day.  shall be paid at the employee'sr regular rate per day.  7    ARTICLE: 10-SICKL LEAVE  SECTION1. Employees shall earn: sickl leave at the rate of one (1) dayf for each month of service. Employees with over ten (10) years will earn sick leave at the rate of one and one-half (11 %) daysper month. Sick leave shall be earned by an employee for any month in which the employee is in compensable status for ten (10) or more working days. Employees shall be eligible to take such leave SECTION:2. Employees shall earn sick leave from their day of hire and may accumulate unused sick leave with a maximum accumulation of1 1,440h hours. Uponi involuntary termination ofe employment resulting from retirement, layoff, or death, and provided further that an employee has accumulated seventy-five (75) days permissible sick leave, the employee shall be paid a maximum of seventy-five (75) days sick leave pay on suchi involuntary termination. Provided, further, that the employee has not been separated by the Borough for dismissal for just cause. Itisunderstood and agreed that should an employee have accumulated the full two hundred fifty (250) days and should begin to draw sick pay ont this accumulation as a result ofi injury or illness, he/she shall be paid up to a maximum ofs seventy-five (75) days' pay if such illness or injury would result in his/her involuntary termination ofe employment. The maximum number of days collectible by an employee under this section shall be limited to seventy-five (75) full day's pay. Anyone hired after January 1, 2020, shall be paid a maximum oft thirty (30) days of accumulated sick leave at the employee's rate per day for suchi involuntary termination and the employee has not been separated by the Borough for dismissal forj just cause. The maximum number of days collectible by an employee under this section shall be limited to a maximum of thirty (30) full day's SECTION:3. A doctor's certificate is required for an absence from work due to sickness for three (3) or more consecutive days. Fora absences of less than three (3) days, a doctor's certificate may be required where in the opinion of the employer the employee has been abusing his sick leave privileges.  after thirty (30) days' service with the employer.  pay for employee's hired on or after. January 1, 2020.  SECTION 4. Weekly Disability - See Schedule B, attached.  SECTION5. An employee may use a maximum of twelve (12) days of sick leave per calendar year to care for an immediate sick family memberi including physician appointments. Immediate familyi is defined as the spouse, children, and parents oft the employee as well as any other members oft the same household. The Borough Manager may require proper documentation to substantiate the use of sick time for an  immediate family member. ARTICLE11-B BEREAVEMENT LEAVE  (1) Employees shall be granted bereavement leave for the death of spouse, parent, step-parent, child, brother, sister, aunt, uncle, grandparent, grandchild, half-brother, half-sister, foster-child, step-child, father-in-law, mother-in-law, son-in-law, daughter-in-law, and domestic partners of three (3) years or more from day of death up to and including the day following the funeral; not to exceed a maximum of (2) Employees shall be granted bereavement leave for the death of brother-in-law: and sister-in-law for  five (5) working days.  the day of death and the day of funeral.  8    (3) Employees shall be granted bereavement leave fort the death ofgrandchild-in-law: for the day of (4). Ina addition, at the discretion and upon approval oft the department head, additional time off may be granted as bereavement leave provided such additional time is charged to either accrued vacation or accrued sick leave benefits. The employee shall designate his/her preference in the request for  funeral.  additional time off as bereavement leave. ARTICLE 12-SENIORITY  SECTION:1. Seniority is defined as the length of any employee'ss service with the Employer, and it shall apply as to the employee's promotion, transfers, layoffs, and re-hiring as hereinafter defined. SECTION 2. Should a laid-off employee be capable of doing work other than that from which he was laid off, he may (A) by action oft the Employer, or (B) by taking the matter up under the grievance procedure established in this Agreement, replace the last hired employee on such other work in any other department, providing such employee has greater seniority than such last hired employee. When plant operations resume on a normal ori increased schedule, employees affected shall be restored to their normal status or re-employed in the reverse orderi in which they were laid offi in accordance with their SECTION:3. Whenever possible, employees shall be temporarily transferred to other work according to seniority and qualifications rather than be laid off. The Employer will make its best effort when assigning semi-skilled laborers from dam maintenance to construction jobs and pipe repair jobs to make assignments rotating dam security personnel in an equal assignment basis with semi-skilled laborers in so fara as it can be done without compromising security work and coverage at the dams. SECTION 4. An employee having been transferred from his work due to lack of work: shall be given a chance to transfer to his original work when such work becomes available in accordance with his SECTION 5. No new employee will be hired as long as there are laid-off employees with seniority who  overall hiring date seniority.  seniority.  can qualify to do other available work. (A) Discharge for proper cause. (B) When an employee quits his job.  SECTION6 6. Ane employeesseniorty shall terminate for any oft the following reasons:  (C) Failure to report for work within five (5) workdays after being recalled by registered mail notice. The Employer shall notify the local Union at the time the employee is notified to return to work. (D) Isl laid off without recall for a period equal to his amount of service or no more than two (2) years at  any time after the execution of this Agreement.  9    (E) Acceptance of a position within the Borough but outside of the bargaining unit. Int this case, ift the employee later returns to a position within the bargaining unit, the amount oft time the employee previously held al bargaining unit position will be credited back towards USW seniority and the time outside of the USW bargaining unit would not be credited towards USW: seniority. This applies to both supervisory, non-union positions as well as positions within other bargaining units under  contract with the Borough of Hanover.  SECTION7.  (A) Int the event a vacancy occurs on anyj job or ar newj jobi is established, a notification ofs such vacancy or establishment of such newj job shall be posted on the Department's bulletin boards for ten (10) working days and such jobs shall bei filled from the employees throughout the Department who have the ability and who are qualified to do the work, and thej job shall bet for the same class pay/grade as the individual vacating the position being posted. Allj job vacancies shall be posted at all major Water Department facilities at the Filter Plant and Tanger Building. In all such cases, if qualifications: are equal, seniority shall govern. Eligible employees not notifying the Borough Manager of theiri interest in such job within ten (10) working days from the date of posting shall forfeit all rights in such cases and shall wait until the next vacancy occurs. In the event that employees do make an application through the bidding procedure, thej jobsi involved must bet filled byt the applicant most qualifying within ten (10) days of the completion of such bidding procedure in each instance. Int the event of disputes, the jobi in question shall be considered only temporarily filled until the matter is properly disposed of through the established grievance procedure. Iftraining is required for any job, incumbent employees willl be given the opportunity for such training for a reasonable time before any new employees are hired. (B). For purposes of this section, a newj job or vacancy shall not bei interpreted to include hiring of summer employees or of hiring al high school student on a typical work program where said high school student attends classes of formal education half days and works the balance oft the day. The work term of summer employees shall be limited between May 15 and September 15 ofany calendar years. Summer employees or: students shall not be subject to the contractual terms contained int this agreement. The Borough agrees not to exceed two (2) summer employees and/or two (2) students at Ins so fara as possible, the Borough agrees to utilize summer employees as roving laborers, assisting permanent personnel int their assigned jobs and not replacing them. Similarly, the Union understands these youth job assignments are limited by child labor law restrictions and the Borough has the right to Iti is agreed that, during the course of completing large or multiple projects, should the Borough discover the need for summer employees in excess of the number stated above, then the Borough and the Union shall meet and discuss the need for additional summer employees. Upon mutual agreement between the Borough and the Union as to the need and function of said excess summer employees, the Borough shall hire said employees for the agreed upon function which shall not constitute a violation of this  any one time.  assigne employees to the best advantage to accomplish the work at hand.  contract.  10    SECTION8. The Employer shall have the right to fills such vacancy orj job on at temporary basis ati its SECTION9. Anyl local Union member: shall be given, upon his request, al leave of absence without compensation not to exceed a period oft two (2) years for the purpose of working fort the local Union or the International Union, with the provision that such leave of absence shall not constitute any break in the employee'srecord of continuous service, and the period of leave of absence shall be included in such SECTION 10. Seniority shall be accumulated due to illness, accidents, vacation period, and leave of absence due to Union business. During layoffs, seniority will accumulate for a two-year period per each SECTION 11. Upon application to the Employer, a leave of absence may be granted to employees ati the discretion of the Employer without discrimination. Thirty (30) calendar days shall be the maximum period of1 time for which such leave of absence may be granted except in extreme cases, whereupon before thet thirty (30) calendar day period expires, satisfactory evidence shall be presented before such leave of absence may be extended. Ninety (90) calendar days shall be the maximum period oft time permissible for such leave ofa absence. Continuous service shall not be deemed to have been broken because of leave ofa absence provided, however, that failure of an employee to return to work at the proper time after leave of absence shall break the continuous service ofs such employee. SECTION 12. The Employer shall give written notification tot the local Union Steward of all layoffs, employees returned to work, department transfers and new employees once each weeki in whicha any SECTION 13. A seniority list of all employees shall be supplied by the Employer to the Local Union, the International Union Office, Harrisburg, Pa., and copies shall be posted on the bulletin boards in all departments. Anye errors int the seniority list as posted willl be corrected if called to the Employer's The job classification of each employee shall be stated in the seniority list to be prepared and posted in accordance with the provisions of Section 13 of Article 12 of the Agreement to which this schedule is SECTION 14. Newly hired employees shall be on probation for the first ninety (90) calendar days of their employment and may be discharged at the discretion oft the Employer. Employees retained after ninety (90) calendar days shall have seniority, beginning with the first day of their employment and become eligible to joint the bargaining unit. The 90 calendar day probationary period will apply to promotions as well as new! hires provided, however, that no promoted individual will be paid less per hour than his rate prior to promotion during the probationary period. Inorder to qualify for Skilled Laborer, Grade III Pay, for purposes of permanent promotion, the employee will undertake aj job: skills test of actual job-related tasks, as established by agreement between Union Stewards and the Borough. Said test will be appended to thej job descriptions when developed. While the parties agree that the Borough has the right to change the duties set forth ina aj job description, the Borough will agree to meet and discuss with  discretion during the posting period.  record of continuous service.  layoff.  such events occur.  attention within thirty (30) days of the posting.  attached.  11    the Union if changes are made to the provisions ofaj job description. The classifications will remain unchanged, and the Borough will supply the Union with anyj job description upon request. All employees promoted to a newj job classification will be given a five (5) day trial period at his or her pre-promotion pay rate. Ifat the end off five (5) working days the employee does not accept the promotion, he/she may return to his/her pre-promotion job classification, without prejudice from management and without added pay for the time served in the promotion position. However, if the employee does accept the promotion following the five (5) day trial, said employee willl be compensated the difference inj pay between his/her old pay and the pay for the newj job classification for the hours worked in the five (5) day trial period. Int the case of Filter Plant promotions, if both the Borough and the employee agree, the trial may be extended under the terms stated in the preceding paragraph, fora a longer period, noti to During the probationary period referred toi in Section 14 of Article 12, an employee shall be paid 35 cents per hour less than the rate established above for the classification hei is appointed to. This paragraph shall not apply to newly hired employees in. Job Class Pay Grade I.  exceed ninety (90) days.  ARTICLE 13-SAFETY: & HEALTH  SECTION: 1. The Employerand the Union will cooperate on the continuing objective to eliminate accident and health hazards by the formation of a Safety Committee made up of two Employer representatives and two Union members. A regular schedule of meetings will be established, at least quarterly, for filter plant employees and as needed for construction and meter reader employees. The Employer shall continue to make reasonable provisions for the safety and health ofi its employees while atv work. Employee comment regarding safety of working conditions due to inclement weather conditions shall be taken into consideration by Employer so as to protect the health and safety oft the SECTION:2. Protective devices and equipment necessary to protect employees from injury shall be provided byt the Employer in accordance with practices now prevailing at such employment and such practices shall bei improved from time to time by the Employer. Goggles, gas masks, face shields, respirators, special purpose gloves andi fireproof water-proof raincoats, oil-skins suits, coveralls, articles, ora acid-proof protective clothing, when necessary: and required, shall be provided by the Employer without cost. The Employer has agreed to provide a Boot allowance for upt to a maximum of $150.00 per year for the purchases of one pair ofwork boots that are necessitated by the employee's job responsibilities. The employee willl be reimbursed for1 the purchase of one pair of work boots upon providing to the Borough a receipt for the purchase ofs said boots and also providing that the Union assures that the members will wear the boots purchased as a condition of said employment. Where any equipment or clothing is now provided, the present practice shall continue. Carelessness on the partof the employees whichy would result in injury toi themselves ori fellow employees or willful breakage of equipment, or failure to wear or use safety protective devices provided by the Employer or to abide by safety rules, will subject employees to disciplinary: action. The Uniform Contract calls for work pants, long sleeve shirt (winter) and tee shirt (summer). The employee will have the option to wear jeans provided they purchase and clean the jeans to provide a neat, clean appearance. Once uniforms are  employee.  12    issued, the employee will not have the option to change the uniform issued until the uniform contract is SECTION 3. The Union hereby agrees to random Drug and Alcohol testing for alle employees covered under this contract. The policy procedure for Drug and Alcohol testing is attached.  renewed. The revision will remain in effect the length of this contract.  ARTICIEI4-MANAGEMENT  Ther management of the Borough and the direction of its working forces including the right to plan, direct and control its operations, the right to hire, layoff, discharge, promote, demote ort transfer its employees, all for just cause; the right to make such rules relating to operations as the management shall deem advisable are vested. exclusively in the management, subject to the provisions oft this  agreement.  The Borough reserves the right to assign landscaping duties at the water reservoir area to employees not represented by the United Steelworkers (USW) union. Maintenance of the dam structure and all other responsibilities related to water filtration at the water reservoir area shall continue to be performed by employees represented by USW. In the event of any loss ofj jobs resulting from the cessation of landscaping duties by USW employees, the landscaping duties shall be returned. Prior to outsourcing any landscaping duties to third-party contractors, the performance of such work will be made available  to USW.  ARTICLE 15- INSURANCE PLAN  SECTION1 1. The Employer will continue throughout the period when this Agreement is in effect to provide insurance including group life, accidental death and dismemberment, hospitalization and medical expense benefits upon the terms and conditions set forth int the group plan for the Borough of Hanover; a summary of which is hereto attached, made a part hereof and marked Schedule C. Prescription benefits shall be paid upon the basis of the reasonable and customary feei in the community fort the prescription service provided, less, a deductible as outlined in Schedule Ci for each prescription. Employee's! life insurance will be paid for by the Borough while same is an active employee with the Borough effective February: 1, 2002 at two time's annual salary with a maximum of $50,000, and $50,000 accidental death and dismemberment. The Borough will provide as part of health and welfare coverage, medical, surgical, and hospitalization insurance equal to the plan known as Custom Blue currently offered through Blue Cross on an employee if single and on an employee and dependents (spouse and/or children) consistent with present coverage carried on all other Borough employees at no cost to the employee. The Borough will also provide eye care for employees and dependents. Thet foregoing, including Schedule C, isa a summary oft thei insurance plan and ina all cases the provision of the Borough of Hanover group, plan contract will bet the governing factor in determining coverage and eligibilities. The Borough further agrees that if these plans are improved for any bargaining unit during negotiations while this contract is in effect, the same benefits willl be given to Water Department employees. Water Department employees will be eligible to purchase health and accident insurance at group rates at their time of retirement, provided, however, any such employees hired on or after. January1, 2019, shall not be eligible to purchase health and accident insurance at group rates at their time of retirement.  13    SECTION2. Effective January: 1, 2024, employees shall be responsible for paying the following amounts  per weekly pay: Year Single H&W Family  1/1/2024 $20.00 $25.00 $30.00  1/1/2025 $22.50 $27.50 $32.50  1/1/2026 $25.00 $30.00 $35.00  SECTION 3. The Parties agree thati iti is in their mutual interest that the health coverage available under this Agreement shall at all times comply with the Patient Protection and Affordable Care Act ("PPACA"), as amended or as may be replaced with other statutory language, including standards relating to affordability, minimum value and minimal essential coverage and any chosen safe harbor relating to these and other compliance requirements. To the extent that it is determined that the coverage available under this Agreement fails to meet any PPACA requirement or would otherwise trigger an assessable payment, statutory or excise tax, then either party: shall have the right to reopen the contract tor negotiate health care changes to avoid the cost oft these changes. Ifno agreement is reached within thirty (30) days, either party shall have the right to demand arbitration regarding desired health care changes ifan agreement cannot be reached. The parties will proceed to an expedited arbitration proceeding with an arbitrator selected pursuant to the terms of the Collective Bargaining Agreement's grievance and arbitration procedure. The sole purpose for that expedited arbitration proceeding will be for the arbitrator to modify the plan, plan design and/or plan carrier in order to eliminate the exposure to discretionary changes mandated by law which potentially: affect the health care benefits provided by the Borough. The decision oft the arbitrator on this issue shall bei issued within forty (40) calendar days SECTION 4. Iti is specifically understood between the parties that disputes relating to the administration of, or coverage decision made by any insurance policy which are not the result oft the Borough direction, choice or decision, but rather are made strictly under the sole discretion oft the carrier, shall not be subject to the contractual grievance procedure. This does not limit the right ofa anyi individual to file a claim against thei insurance companyi for denial of coverage with any appropriate agency. Ina any case where the coverage decision was the result oft the Borough's decision, the matter may be grieved. SECTION5. Ifan employee opts to waive coverage for themselves and their dependents from all Borough Health, dental, and vision coverage, the Borough will provide the employee with a sum equal to 20% of the premium cost at the level of enrollment in which the employee was last enrolled. That amount: shall be provided in equal installments per pay period and suspended if the employee later requests to enroll in the coverage due to a qualifying life event or during open enrollment. SECTION 6. Effective. January: 1, 2024, any new hire that has a spouse eligible for group health insurance coverage through their own employer's plan, must participate int that group coverage in order to qualify  of his or her appointment.  for secondary coverage. under the "Borough's Plan."  14    ARTICLE 16-PENSION PLAN  The employer agrees to provide pension for retired and disabled employees in accordance with the Employee Pension Fund Plan effective. July 1, 1975, in accordance with Ordinance No. 1311 and amendments thereto, a copy of which is hereto attached and made a part hereof. The term, retirement, for all purposes under the contract, is defined as eligible for retirement under the 457 PLAN -The Borough will administer: a plan providing for payroll deductions into individual 457 Plan  applicable retirement plan.  Accounts established by the employee. ARTICLE 17- UNION NOTICES  Bulletin boards are provided in each department where notices of interest to employees may be posted after approval has been secured from the supervisor. Each bulletin shall be signed by the Union official responsible fori its posting and unsigned notices may not be posted. Thet following bulletins, however, do  not require prior approval by the Supervisor: 1. Notices of Union recreational or social affairs 2. Notices of Union elections 4. Notices of Union meetings  3. Notices of Union appointments and results of Union elections  The Union or its duly authorized representative shall have the responsibility for the prompt removal of notices from the bulletin boards after they have: served their purposes. Ifthe notices are not removed,  the Supervisor or other company official may remove the notice.  ARTICLE 18-TERM OF CONTRACT  This Agreement, effective. January 1, 2024, shall continue in full force and effect until midnight on December 31, 2026, and shall automatically renew itselfi from year toy year. Ifeither party desires to terminate, modify or otherwise change any of the terms of this Agreement, such party must serve written notice upon the other party postmarked on or before May 1, 2026, and if sent by the Employer, shall be sent toi the United Steelworkers of America, Sub-District Office, 245 Centerville Road, Suite 9, Lancaster, PA: 17603, and ift the Union desires to notify the Employer of the termination or modification ofs said Agreement, the same: shall be sent to the Manager of the Borough, Hanover, Pennsylvania.  ARTICLE1 19-SUCCESSORS or assigns of the respective parties.  Itish hereby agreed that the terms and provisions of this Agreement shall be binding upon the successors  15    ARTICLE 20-EQUAL OPPORTUNITY  Iti ist the continuing policy of the Employer and Union that,the provisions oft this Agreement shall be applied to alle employees covered by this Agreement without discrimination on account ofrace, color,  national origin, sex, age, or creed. ARTICEZ1-CONTINUITY OF SERVICE  1. - Inter-bargaining unit transfers of Borough personnel shall not constitute al break in continuous Borough service for the purpose of calculating benefits with the exception of bargaining unit seniority. 2. Borough personnel transferred whoi is ata al later date re-transferred to their original bargaining unit  shall regain their bargaining unit in accordance with Article 12, Section 6E. 3. In no case will inter-bargaining unit bidding or bumping ofj jobs be allowed.  SIGNATURE SHEET  This Agreement made and entered into this 24th day of April 2024, by and between the Borough of Hanover and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, on Behalf of Local 7343-07 and to continue in  effect through December 31, 2026. USW-Local Union 7343-07  The Borough of Hanover  William W. Reichert, II, President  ATTEST:  16    2024, 2025, &2026-WATERI DEPARTMENT-49 4%, &3%  CLASS. JOB CLASSIFICATION Laborer (Probationary & Permanent)  BASE PAYI RATE 2025  2024  2026  Probationary (First Year) (Second Year) (Third Year) II( (First Year) II( (Second Year) II( (Third Year) III IV V V VI MII  $ 22.79 $ 23.70 $ 24.41 $ 23.20 $ 24.13 $ 24.85  24.11 $ 25.65 27.44 28.90 31.90  25.07 $ 25.82 26.67 $ 27.47 28.53 $ 29.39 30.06 $ 30.96 33.17 $ 34.17  Dam Maintenance, Semi-skilled Laborer  Skilled Laborer, Meter Repairman/Reader, Filter Plant Trainee  32.28 $ 33.57 $ 34.58 32.71 $ 34.02 $ 35.04 $ 33.12 $ 34.45 $ 35.48 P 33.22 $ 34.55 $ 35.58 33.49 $ 34.83 $ 35.87 34.78 $ 36.17 $ 37.25  Class CFilter Plant Operator Class BI Filter Plant Operator Distribution Labor Foreman Class AF Filter Plant Operator, Maintenance Mechanic at Filter Plant Filter Plant Lead Operator, Meter Division Lead, Distribution Division Lead  17    SCHEDULEA  PROBATIONARY PERIOD INSURANCE! SUMMARY  Probationary Period: Life insurance - three months Hospitalization insurance - three months  In order to obtain coverage, iti is necessary tot filli int the enrollment form promptly.  After your coverage becomes effective, it is necessary to notify your employer ofa any change in the Ify youv wish to include a new dependent, you must make a separate request to your employer and meet  number of your dependents.  any other requirements for this coverage.  Life Insurance, Accidental Death & Dismemberment - principal sum  Non-Contributory: Schedule of Basic Insurance  Classification Alle employees  Ace.D&D  Two times annual salary to a maximum of $50,000 Two times annual salary to a maximum of $50,000  Contributory- Schedule of Supplemental Insurance  Classification Alle employees Optionl  Option II $5,000  Option III $7,500  $2,500  Acc. D&D One time life benefit One time life benefit One time life benefit  EMPLOYEES HIRED BEFORE RATIFICATION  The Borough acknowledges a verbal agreement that all new hires that have been hired before ratification willl have all the benefits and provisions oft the expired agreement.  18    SCHEDULEB  DISABILITYINSURANCE SUMMARY Weekly Disability Benefit Classification Weekly Disability Weekly disability benefit provisions:  All Employees 40% of weekly gross pay to a max of $800/week  The amount of weekly benefit is subject to al limit of 70% ofy your average weekly earnings as defined in At any time that Federal Social Security benefits are payable, the amount ofy your weekly benefit will not exceed an amount which, when added to any benefit payable for the same weekly period under the The term "any benefit payable under the Federal Social Security Act" willi include disability or retirement benefits payable to you or your spouse, children or dependents by reason or your retirement or disability under the Act and is not limited to benefits actually received but include benefits which would have been available if the individual had complied with the provisions for making claim for such benefits. Itisa agreed disability benefits shall not be payable to individuals receiving unemployment compensation. Wait period days: First fifteens days of any disability period due to disease or injury.  the group policy at any time that no Federal Social Security benefits are payable.  Federal Social Security Act, would equal 70% ofy your weekly earnings.  Maximum period of payment: 24 weeks.  19    SCHEDULE C  HIGHMARK. D PPO Blue  Borougho ofHanover-V Water PPO Blue Benefit Summary  On the chart below, you'll see whaty your plan pays for specific services. You may! be responsible for a facility clinic ord charge (in addition to any professional fees) ifyour office visit or service is provided atal location that qualifies fee, as a hospital charge department fee  ors similar  orasatellite building ofal hospital. Benefit Effective Date Benefit Period (1) Deductible (per benefit period) Individual Family period) Individual Family  InN Network General Provisions  Out of Network  January 1, 2024 Contract Year  None None 100% None None  $325 $650 80% after deductible $380 $760  Plan Pays - payment based on the plan allowance Out-of-Pocket Limit (Includes coinsurance. Once met, plan pays 100% coinsurance for the rest oft the benefit Total Maximum Out-of-Pocket (Includes deductible, coinsurance, copays, prescription drug cost sharing and other qualified medicale expenses, Network only) (2) Once met, the plan pays 100% of covered services for the rest oft the benefit period. Retail Clinic Visits &V Virtual' Visits Primary Care Provider (PCP) Office Visits & Virtual Specialist Office Visits & Virtual Visits Virtual Visit Provider Originating Site Fee Urgent Care Center' Visits Telemedicine Services (3) Routine Adult Physical Exams Adult Immunizations Routine Gynecological Exams, including a Pap Test Mammograms, Annual Routine Mammograms, Medically Necessary Diagnostic! Services and Procedures Routine Pediatric Physical Exams Pediatric Immunizations Diagnostic Services and Procedures Emergency Room Services (5) Ambulance- Emergency (6) Ambulance Non-Emergency (6) Hospital Inpatient Hospital Outpatient Maternity (non-preventive facility & professional services) including dependent daughter Medical Care (including inpatient visits and consutations/Surgical Expenses  Individual Family Visits  $9,450 $18,900 100% after $25 copay 100% after $25 copay 100% after $35 copay 100% 100% after $25 copay 100% after $10 copay Preventive Care (4) 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 20  Not Not/ Applicable Applicable 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible not covered 80% after deductible 80% after deductible 80% (deductible does not 80% after deductible apply) 80% after deductible 80% after deductible 80% after deductible 80% (deductible does not 80% after deductible apply) 100% (deductible does not 80% after program deductible apply) 80% after deductible 80% after deductible 80% after deductible 80% after deductible  Ofice/Clinic/Urgent Care Visits  copay, lifany, does not applyt to urgent care center visits prescribed for the treatment ofr mental health or substance abuse  Emergency Services  100% after $200 copay (waived lifadmitted)  Hospital and Medical/ Surgical Expenses Includingmatemiy)6    Benefit Physical Medicine Respiratory Therapy Speech Therapy. Occupational Therapy Spinal Manipulations Dialysis)  InN Network 100% after $35 copay 100% 100% after $35 copay 100% after $35 copay 100% after $35 copay 100% 100% 100% 100% after $35 copay 100% after $35 copay Other Services 100% 100% not covered 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Yes  Out of Network 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible not covered 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible 80% after deductible Yes  Therapy and Rehabilitation: Services  limit: 30 visits/benefit period- limit does not apply when therapy services are prescribed for the treatment ofr mental health or substance abuse limit: 30 visits/benefit period- limit does not apply when therapy services are prescribed for the treatment ofr mental health or substance abuse  Other Therapy Services (Cardiac Rehab, Infusion Therapy, Chemotherapy, Radiation Therapy and Inpatient Mental Health Services Inpatient Detoxification Rehabilitation Outpatient Mental Health Services (includes virtual behavioral health visits) Outpatient Substance Abuse Services Allergy Extracts and Injections Applied Behavior Analysis for Autism Spectrum Disorder (7) Assisted Fertilization Procedures Dental Services Related to Accidental Injury Diagnostic Services Advanced Imaging (MRI, CAT, PET scan, etc.) Basic Diagnostic Services (standard imaging, diagnostic medical, lab/pathology, allergy testing) Durable Medical Equipment, Orthotics and Prosthetics Home Health Care Hospice Infertility Counseling, Testing and Treatment (8) Private Duty Nursing Skilled Nursing Facility Care Transplant Services PesetifaloAufotzion Requirements (9) Prescription Drug Deductible Individual Family Prescription Drug Program (10) Soft Mandatory Generic Defined by the National Pharmacy Network. Not Physician Network. Prescriptions filled ata a non- network pharmacy are not covered. Your plan uses the Comprehensive Formulary with an Incentive Benefit Design Select Specialty Drugs are limited to 30-day Supply  Mental Health Substance Abuse  copays, ifa any, dor not applyt to diagnostic services prescribed for the treatment of  mental health or substance abuse  Diabetic Pump and Diabetic Pump supplies - covered procedure codes A9274, limit: 90 visits/benefit period aggregate with visiting nurse  A9276  limit 240 hours/benefit period limit: 100 days/benefit period  Prescription Drugs  none none Retail Drugs (30-day Supply) $17 generic copay $27 Formulary brand copay $52 Non-Formulary brand $30 generic copay $50 Formulary brand copay $65 Non-Formulary brand copay  copay  Maintenance Drugs through Mail Order (90-day Supply)  21    Thisi isr nota ac contract." This benefits summary presents plan highlights only. Pleaser refert tot thep policy/ plan documents, asl limitations ande exclusions (1)) Your group's benefit periodi is based ona a Contract) Year. The Contract Yeari isac consecutive 12-month period beginning ony (2) The! Network Total Maximum Out-of-Pocket (TMOOP) is mandated! byt thet federal government. TMOOPI musti include deductible, coinsurance, (3)7 Telemedicine Services (acuted care for minori illnesses available on-demand: 24/7) must bep performed bya al Highmark Designated Telemedicine Provider. Additional services provided bya al Designated" Telemedicine Provider are paid accordingt tot the benefito category thatt is eligible under the PCP Office Visit benefit, Behavioral Healthi is eligible under the Outpatient Mental Health Services benefit). theyf fall (e.g. PCP (4) Services arel limited tot those listed ont thel Highmark Preventive Schedule with Enhancements (Women's Health Preventive: Schedule may apply). (5).E Benefits for Emergency Care Services rendered by an Out-of-Network Provider willl bep paida att thel Network services level. Benefits for Services or Medical Care Services rendered bya an Out-of-Network Providert toa ar memberr requiring ani inpatient admission ord observation Hospital followingr receipt of Emergency Care Services will bep paid att thel Network: services level. Ther member will not ber responsible fora amounts immediately (6)A AirA Ambulance: services rendered by out-of-network providers will bec covered at the highestr network level ofb benefits. (7)Afteri initial evaluation, Applied Behavioral/ Analysis willl be covered as specified above. All other Covered Services fort the treatment ofAutism Spectrum Disorders willl be covered accordingt to the! benefito category (e.g. speech therapy, diagnostics services). Treatment Autism (8)1 Treatmenti includes coverage fort the correction ofap physical orr medical problem associated withi infertility. Infertility drug (9)! Ifyour receive services from and out-of-area provider or and out-of-network; provider, your must contact Highmark Utilization Management; plannedi inpatienta admission, priort tor receiving certain outpatient services orv within 48 hours ofa ane emergency or unplanned obtain any required precertification. Ifprecertificationi is noto obtaineda andi itisl later determined thata all orp part ofthes services inpatienta received admission werer not to medically necessary or appropriate, you will be responsible fort the payment ofa any costs not covered! bys your health plan. (10)7 Thel Highmark formularyi is ane extensive list ofF Fooda and Drug/ Administration (FDA) approved prescription drugs selected fort their and effectiveness." The formulary was developed by Highmark Pharmacy Services and approved! by the Highmark Pharmacy and quality, safety Committee made upo of clinical pharmacists andp physicians. Allp plan formularies include products ine every majort therapeutic category. Therapeutics Planf formularies vary byt the number ofd different drugs they cover andi int the cost-sharing requirements. Your programi includes coverage for both formulary and non- formulary drugs att the copayment or coinsurance: amounts listed above. Undert the soft mandatory generic provision, wheny that has a generice equivalent, youv willb ber responsible fort thet brand-d drug copayment plus the difference inc cost between the youp purchase and unlessy your doctor requests that the! brand drugt be dispensed. Yourp plan requires thaty you useA Accredos specialty medications. The Copay Armorp program helpsr members to afford higho cost medications (mostly specialty) by pharmacyf manufacturer fors selects specially Members willr notr need toc change where prescriptions aref filled andv will bec contacted by Pillar Rxf ford costs savings leveraging enrollment.  apply. The policyl plan documents control int the event ofac conflict witht this! benefits summary. date. Contact your employert to determine thee effective date applicable toy your program. copays, prescription drug costs share anda any qualified medical expense.  effective  youre employer's  under  the Out-of-Network! Providert thata arei ine excess oft the plana allowance fors such services.  any  billedby  Disorders does notr reduce visit/day limits. covered depending ony yours group's prescription drug program.  forA Spectrum therapy may orr may not be  prior toa  ab brand drug branda generic drugs, coupon dollars.  Highmark Blue Shield is anl Independent Licensee ofti the Blue Cross and Blue Shield Association.  22    SCHEDULED Basic program  DENTAL CARE INSURANCE: SUMMARY  100% usual, customary & reasonable charge  Examination & cleaning once in any period of six consecutive months Full mouth x-rays once in any period of 36 consecutive months  Fluoride application children under 19 years of age - once ina any period of six consecutive months.  Orthodontics  50% usual, customary & reasonable charges. Only children under 19 years of age.  Maximum payment- $2,000- lifetime  Periodontics Oral Surgery  50% usual customary and reasonable charges. 100% usual customary and reasonable charges. Predetermination is required for:  All treatment plans of $150.00 or more; extraction ofs six or more teeth.  Orthodontics  23    SCHEDULEE Examinations  EYE CARE INSURANCE: SUMMARY  Usual, customary & reasonable charge Under 19 years of age - once during 12-month period Over 19 years of age once during 24-month period  Frames Type ofLenses Single Vision Bifocal Trifocal  Allowance-5125.00  Allowance- $110.00 per pair Allowance- $140.00 per pair Allowance- $165.00 per pair Allowance $325.00 per pair Allowance per pair $200 $250 $100 yearly  Aphakic (replaces natural lens oft the eye)  Contact Lenses Hard Soft Cosmetic  24    Consent 7.e. 33 & 44 Frederick Street Projects Single Prime  Department tofPlanning & Engineering (DPE) Department of Water Resources (DWR) Hanover Borough, York County, PA An Equal Opportunity. Borough  Memorandum  From: P.Eric Mains, PE- Director Department of Planning & Engineering Department of Water Resources Re: Use of Single Prime Contract Date: April11,2024 1. Summary:  As the Borough looks tos sooni issue "solicitations for bids", fort the new Public Administration and Public! Safety Capital Projects, how we solicit those bids needs to account for howt the contract will be set up. Typically,a municipality is bound to "separate" thet trades, meaningyour musti issue solicitations for plumbing, heating, ventilation, and electrical work. This creates at time and cost burden in managing multiple contracts andi increasing  the riskt for conflicts between trades work scopes. 2. Findings /Background Information:  Inc order to complyv with! both state procurement law, andi the specific program requirements oft the RACP1 funds we will receive, the Department of Planning & Engineering reached out to the Borough's Solicitor, and the York County Economic Alliance (YCEA), who manages the Borough's RACP project. Both entities acknowledged that we do not need toi follow. "separation oft trades" requirements. The Solicitor cited from the Pennsylvania Borough Code: "If, in the preparation fort the erection, construction and alteration ofa public building, the entire cost oft the work exceeds the amount: specified or adjusted under section 1402(a) (relating to regulation ofcontracts), the architect, engineer orother person, preparing thes specifications may, ifrequested by the council, prepare separate specifications for Since ther requirement says "may" require, tol be definitive for any future audit purposes, Council needs to acknowledge thati itv willr not exercise this option fort the bidding of the: 33 Frederick Street and 44 Frederick Street  the plumbing, heating, ventilating and electrical work.' "  project. 3. Proposed. Action:  At this time, iti is respectfully requested that Council take: specific action tot formerly acknowledge that the Borough's Public Administration: and Public Safety Complex- - Capital Building Project(s), will be bid as a single prime contract andy will not utilize the separation of trades, for1 the solicitation of bids, as provided in Section 1405  oft the Pennsylvanial Borough Code.  Department of Planning & Engineering Borough of Hanover 44 Frederick Street, Hanover, PA 17331 t:717.637.3877 [:717.637.2805  Page1l1    Consent 7.f. YWCA: Plan Extension  -s engineeringl land + designing thef future  HANOVERI LAND SERVICES,INC.  April 1,2024 Borough ofH Hanover 44 Frederick Street Hanover, PA 17331 Re: YWCA  Time Extension Request Borough of Hanover, York County HLS Project No. 9843-23  Borough Council: period of90 days. hesitate to contact me. Very truly yours, Hanover Land Services, Inc. Kris D. Raubenstine Kris D. Raubenstine Project Manager CC:  On behalf of the YWCA, we hereby agree to extend the time for approval of the referenced plan for a If you: have any questions or require any additional information regarding this request, please do not  HANOVER, PA Phone: 717.637.5674  WESTMINSTER, MD Phone: 410.751.8795  555 Centennial Avenue Suite 125, Hanover, PA 17331  194 East Main Street, Westminster, MD: 21157    Consent 7.f.ii. 28-30 Charles Street Plan Approval  RESOLUTION FOR PRELIMINARY/FINAL SUBDIVISION PLAN APPROVAL  HANOVER BOROUGH, YORK COUNTY,PA  RESOLUTION No. 1408 PRELIMINARY/FINALSUBDIVISION] PLAN 28-30CHARLES: STREET HANOVER,PA1731  Whereas al Preliminary/Final Subdivision Plan for 28-30 Charles, Hanover, PA 17331, submitted on behalf of SPG Capital, LLC; by SLS & Geomatics requesting the review and approval oft thel Preliminary/Final Subdivision Plan for 28-30 Charles Street, Hanover, PA Whereas said application was reviewed byt the Hanover Borough Planning Commission on April Whereas the following reviews havel been prepared for this aforementioned subdivision plan: 1.1 Borough Engineer, Preliminary/Final Subdivision Plan Review letters dated March 26, 2. York County Planning Commission Office, "Report tol Municipality of Review of Final Now, therefore, be it resolved, by the Borough Council of] Hanover Borough, this 24th day of April, 2024, that said Application for Preliminary/Final Subdivision Plan approval is APPROVED 1. Plans. Preliminary/Final Subdivision) Plan, to subdivide the existing 5,203 S.F. property ofv which contains an existing two and halfs story semi-detached dwelling into two properties, Lot 1t tol be 1,647 S.F. (parcel 6/.00.18010.00.0000, and Lot2tol be 3,556S.F. (parcel 6/.90.18.0102.00.0000; prepared, and designed by SLS& Geomatics, subject to the diagrams, details, and general plan notes as more fully depicted  17331; and  3,2024 and received ai recommendation for conditional approval; and  2024 and April 3,2024.  Subdivision Application," ? letter dated March 26, 2024.  WITH THE FOLLOWING CONDITIONS:  within the aforementioned: subdivision plan set below: Prelminary/Final Subdivision Plan set: Sheet 1: Cover Sheet, dated 02/16/2024 (revised 04/01/2024)  Conditions of] Preliminary/Final Subdivision Plan Approval. Preliminary/Final Subdivision Plan approval is also granted subject to the following conditions: a. All professional endorsements and owner's certifications are to be executed on the b. As this plan creates a newj parcel, submission to and approval of PA DEP for Sewage Facilities Planning documents per SALDO Section 320-28.E(7)(d): is required All sidewalk repairs and replacements, as recommended by the Borough Engineer in d. The owner shall confirm that a valid USPS address exists for the new parcel for both The owner agrees to upgrading and separating sanitary sewer laterals for both parcels asr required by Borough Ordinances $286-27, $286-30 and $286-31 and Ordinancel No. 2222 The owner agrees to submit for a utility account modification to create a new and separate stormwater program fee account (for single family residence) for the new  plans. SALD0932028B36-)  ani inspection report, shall be adheredt to  mail and emergency services (SALDO Section 320-28.E(3)(9)  of2015 parcel    Bei it further resolved by the Borough Council of Hanover Borough that this Plan Approval is further conditioned upon acceptance oft the conditions contained herein by the Owner and In the event that the execution of this Resolution is not delivered to thel Borough within ninety (90) days from approval, its shall be deemed that the Owner does not accept these conditions and approvals conditioned upon his/her/their acceptance arel hereby revoked, and the aforementioned Applicant's plan considered tol be denied for the reasons set forth  signifying acceptance whereof! by signing a copy oft this Resolution.  above.  Resolved and Approved this 24th day of April 2024, Borough of] Hanover Council: Borough Secretary ACCEPTANCE OF CONDITIONS:  Attest: By:  By:  Council President  I/We,  as the applicant/agent, and/or I/we, SLS & Geomatics, on behalfof  SPG Capital, LLC, 218 Carlisle Street, Hanover, PA 17331 in Hanover Borough, York County, do hereby acknowledge and accept the Preliminary/Final Subdivision Plan Approval issued by the Hanover Borough Council and accept the conditions contained therein as recited above.  Owner Signature:  Owner Printed Name:  Witness:  Date:    Consent 7.g. Legal Ad for Vehicles & Traffic Ordinance changes  LEGALI NOTICE  NOTICE: IS HEREBY GIVEN that the Borough Council ofthe Borough of Hanover, York County, Pennsylvania, intends to consider for adoption and to vote upon enactment ofOrdinance No. 2368 at its regularly scheduled meeting to bel held on May 22, 2024, at 7:00 p.m. (prevailing time), at the Hanover Borough Municipal Building, 441 Frederick Street, Hanover, Pennsylvania 17331.  The proposed Hanover Borough Ordinance, No. 2368 amends Ordinance No. 685, as SECTION 2: That Section 346-1 -1 Paragraph C of the Code of Ordinances of The Borough of Hanover entitled, "Streets and alleys in which parking is restricted. Parking is restricted in thej following streets and alleys in the manner hereinafter provided," - shall be amended to include the following  amended, oft the Code oft the BoroughoHover: as follows:  items: Name of Street Railroad Street *additional wording  Side West  Location  Southwardly from Bank Lane a distance of 50 feet and from a point 94 feet south of Bank Lanea distance of 22 feet southwardly toward Broadway, except for loading and unloading only *fora maximum time limit of20 minutes Northwardly beginning Chestnut Street for a distance of  Railroad Street  East  feet from East feet.  Copies ofthei full text ofthe ordinancesmayl bee examinedwithouto charge or obtained for a charge not greater than the cost thereof at the Hanover Borough Building, 441 Frederick Street, Hanover, PA 17331.  Margaret Lewis Borough Manager  ADVERTISEMENT DATE: May 7, 2024 PLEASEI PROVIDE: PROOF OF PUBLICATION    Consent.7.h. Non-Gasoline Aquatic Rental Agreement for Dams  LICENSE. AGREEMENT  THIS AGREEMENT, effective as of the 24th day of April, 2024 by and between the BOROUGH OF HANOVER, al municipality organized under the laws oft the Commonwealth of Pennsylvania, of 33 Frederick Street, Hanover, Pennsylvania, 17331 ("Licensor" or Borough"), and SUSQUEHANNA OUTFITTERS LLC, al Limited Liability Company organized under the laws of the Commonwealth of Pennsylvania, of333 S. Front Street, Wormleysburg, Pennsylvania,  17043 ("Licensee").  WITNESSETH  WHEREAS, the Borough of Hanover owns parcels of real estate situated in West Manheim Township, York County, Pennsylvania, known as Long Arm Creek Reservoir and  Sheppard -Myers Reservoir, (the "Property" or Properties"); and  WHEREAS, Licensee desires to utilize a portion of the Properties for a WHEREAS, the Borough desires to grant a license to the Premises and the Licensee NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants contained herein, and for One Dollar ($1.00), receipt of which is hereby acknowledged, and such other good and valuable consideration, and intending to be legally bound hereby, the Parties agree  KyaxCamoeraddlehoar. Concession; and  desires to accept this grant oflicense subject to the following terms and conditions.  as: follows: 1.  Premises. The Premises includes a defined site area (to be fit out by Licensee with a  located at each of the Properties (the "Premises' ), as  set forth ini the drawing attached asl Exhibit "A".  2.  Scope of License. Licensee shall have the right to use the Premises for a KyaxCamoePaddetoard Concession only. No flammable material shall be stored on the  Premises.  3. Term. The term of this License shall be one (1) season and will commence on May 1, 2024, and will terminate on October 31, 2024, ("the Term") and shall be for the months of License Fee. The License Fee for the Premises during the term shall be $100 per month per site area plus $2.00 per rental ofal Kayak, Canoe and/or Paddleboard, payable monthly as aforesaid, on the first day of each month. License Fee payments shall be delivered to:  May, June, August, September and October, 2024.  4.  the Borough ofHanover, 33 Frederick Street, Hanover, PA 17331.    5.  Security Deposit. At the time of the execution of this Agreement, Licensee shall deposit with the Licensor the sum of $500.00 to secure the Licensee's obligations under this Condition and Alterations. Licensor makes no representation or warranty regarding the condition oft the Premises, which Licensee accepts in "AsI Is" condition. Licensee shall not make any alterations or improvements to the Premises without Licensor's written consent. Maintenance of Premises. Licensee shall keep the Premises in good condition, free of trash, junk and debris, and shall use all facilities in a safe and reasonable way. Licensee shall be responsible for all ordinary and necessary repairs and maintenance ofthe. Premises. Licensee shall be responsible for the costs of any damages to the Premises caused by the Licensee shall immediately notify Licensor of any condition in or about the Premises that threatens the Premises, or the Property, or the safety ofLicensee, Licensor or others. Utility Charges. Licensee shall be responsible for the payment of any electric, gas, water, sewer, refuse charges payable on account of] Licensee's use of the Premises. Taxes. Licensee shall be responsible for payment of all real estate taxes on the Premises 10. Sub-License and Assignment. Licensee shall not assign, mortgage or pledge this License nor sublicense all or any portion of the Premises without the written consent of the 11. Requirements of Public Authorities. Licensee shall comply with all requirements of all public authorities having. jurisdiction over the Premises, and with the terms ofa all state and federal laws, ordinances and regulations applicable to Licensee and the Premises. 12. Destruction or Damage to Premises. If. Licensee's property located upon the Premises is destroyed or damaged by fire or other casualty such that it cannot be repaired or restored within ai reasonable time, this License shall terminate and License Fee shall abate for the 13. Right of Entry. Upon twenty-four (24) hour advance notice, Licensor and Licensor's agents may enter upon the Premises to inspect its condition and/or to make repairs or alterations deemed necessary by Licensor. In the event of emergency, no advance notice 14. Forbidden Acts. Licensee shall not do, commit or allow to be done or committed any act or thing in consequence of which any policy of insurance on the Premises shall become void, or which increases the insurance risk on the Premises. Licensee shall keep the  Agreement.  6.  7.  negligence ofLicensee, Licensee's guests or invitees.  8. 9.  occasioned by Licensee's use under this Agreement.  Licensor.  balance ofthe term, effective as oft the date oft the casualty loss.  isi required.    Premises free and clear of any liens arising out of work performed, or caused to be  performed, by Licensee.  15. Liability Insurance. Licensee shall, at its own expense, at all times during the Term, keep and maintain al liability insurance policy with respect to the Premises, with limits ofat least $1,000,000.00 per occurenee120,00.00 int the aggregate. Such policy or policies shall provide coverage for the Borough ofHanover as an additional named insured on a primary and noncontributory basis and be in such form and with such insurance companies reasonably satisfactory to Licensor and shall be endorsed as waiving the carrier's rights of recovery under subrogation against the Borough of Hanover. Each policy shall contain a provision for at least fifteen (15) days advance notice to the Borough ofHanover prior to cancellation. An Accord Certificate of the required insurance coverage shall be provided tol Licensor and the Borough of Hanover prior to the commencement date oft this License. 16. Casualty Insurance: Licensee Insurance. Licensee shall be responsible to obtain and maintain Licensee insurance to cover Licensee's personal property located upon the Premises in such amounts as Licensee determines appropriate to cover Licensee'si interests  in and about the Premises.  17. Surrender of Premises. Upon the termination of this License, Licensee shall peacefully vacate the Premises without notice or demand, in good order and repair, ordinary wear and 18. Termination. Either party may terminate this License for any reason, or no reason at all, provided thirty (30) days written notice is given to the other party. Such notice shall be provided by certified mail, return receipt requested. In the event Licensee is in breach or default of any of the terms and conditions of this License Agreement, or violates any law orr regulation oft the United States, Commonwealth of Pennsylvania, local ordinance, or any rule or regulation ofLicensor with: respect to Licensee's use oft the Property, and thereafter fails or refuses to perform or correct the conditions constituting al breach or default within five (5) days of written notice thereof, this License shall be deemed revoked and forfeited without further notice or demand, and all rights of the Licensee hereunder shall be terminated. In the event of termination, revocation, or forfeiture of the License, Licensee shall immediately vacate the Property and remove all equipment and any other materials brought onto the Premises by the Licensee. Licensor reserves the right to take possession ofand remove any equipment and any other materials left on1 the Premises by the Licensee  tear excepted.  after termination oft this License.  19. Breach. Ini the event ofal breach of the terms ofthis Agreement by Licensee, Licensor shall be entitled to all remedies available at law, in equity, and under this Agreement and shall be entitled to recover all damages, including costs and attorneys' fees, resulting from Licensee's violation of any terms or conditions of this Agreement, and/or from Licensor's  enforcement of this Agreement in any court ofl law.    20. Notices. Anynotice which may be ori is required to be given pursuant to this License shall be hand-delivered, or sent via regular USPS mail, postage prepaid, and addressed as follows, unless a different address is provided in writing to the other party:  Iftol Licensor:  Borough of Hanover 33 Frederick Street Hanover, PA 17331 Susquehanna Outfitters LLC 333 S. Front Street Wormleysburg, PA 17043  Iftol Licensee:  Notice is effective upon mailing, unless otherwise provided herein.  21. Agreement Not a Lease. The Parties hereto do not intend this License Agreement as a lease and hereby confirm that no rights at law or equity as to landlord and tenant arise  hereunder.  22 Severability. If any provision of this License shall be determined to be void or unenforceable, the remainder oft the License terms shall remain in effect and enforceable. 23. Indemnification, Licensee does fori itselfand its successors and assigns, agrees to release, discharge, indemnify, defend, and hold harmless Licensor and its officials, employees, and agents, including Licensor's reasonable attorney's fees, from and against any claims, damages, demand, suit, action, or liability of any nature whatsoever relating to the  Licensee's use oft the Property and Premises.  24. Miscellaneous. This License shall be binding upon and inure to the benefit oft the Licensor and Licensee and their respective heirs, executors, administrators, successors andj permitted assigns. If more than one person executes this License as Licensee, the terms and conditions of this License shall be binding upon them jointly and individually. All paragraph headings ofthis Agreement arei inserted for convenience only and shall nota affect the construction or interpretation hereof. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter addressed herein and supersedes and replaces in their entirety any prior agreements or understandings between the parties. The provisions of this Agreement may not be amended, waived or modified except by an instrument in writing signed by the parties. This Agreement shall be construed, governed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. This License Agreement shall not be recorded. This Agreement may be executed in counterparts, each of which when executed and delivered, shall be an original, but all ofwhich shall together constitute one and the same instrument.    INV WITNESS WHEREOF, intending to be legally bound hereby, thej parties have executed  this License Agreement, effective as oft the day and year first above written.  LICENSOR:  BOROUGH OF HANOVER  ATTEST:  Borough Secretary  William W. Reichart, II President  LICENSEE:  SUSQUEHANNA OUTFITTERS LLC  WITNESS:  By: Its:    EXHIBIT A    Hanover Reservoirs- susquehanna  Outfitters Outposts  Infrastructure Required  Sheds  (2)8'x12' structures to house all equipment and items required to operate each outpost Foundations will need dug out to a depth of 6" and 1' foot wider in each direction of shed and Each shed will have a storage window withi information about SO (Susquehanna Outfitters), lake  then filled with stone  info, and information about the park.  For power, each shed will have solar panels, inverter, and batteries Sheds will be painted in SO colors (bright green and blue)  Boat Racks  (2) large rectangular wooden racks will be used to store all the kayaks and canoes  AlI boats will be locked to boat rack while closed Racks will be painted in SO colors  Equipment Required Single Kayaks  (5) single kayaks at each location to start people can climb backi in assistance Tandem Kayaks  All single kayaks will be SOT (Sit On Top) kayaks sO that ifa any flip, the water will drain out and (1) single kayak will be available at all times as a rescue boat in case any customers require  (3) tandem kayaks at each location to start people can climb back in  All tandem kayaks will be SOT (Sit On Top) kayaks so that ifa any flip, the water: will drain out and  Canoes  (3) canoes at each location to start Canoes will be a mix of plastic and metal  SUPS (Stand Up Paddleboards) (2)SUPS at each location  Paddles  (14) kayak paddles will be on: site (2 extra) (8) canoe paddles will be on site (2 extra)    (3)SUP paddles will be on site Backseats/Seat Cushions (8) tandem kayak backseats (2 extra) (8) canoe seats or less if canoe already has back: support (10) seat cushions that willl be rented out (10) adult oversized life vests fore each site (10) adult universal life vests fore each site (7) youth life vests for each site (7) adult oversized life vests for each site (3) adult oversized life vests for each: site (10) large drybags (10L L) ate each location (10) small drybags (21 L) at each location  Life Vests  Drybags  Life Vest Rack  (2) Metal racks to neatly hold all life vests, back seats, and seat cushions  Will be able to wheel in/out ofs shed  Convenience Items in Shed (2) Tables (2) Chairs (2) Mini fridge (2) Microwave Merch/Snacks  T-shirts, dry! bags, waterproof phone pouches, sunscreen, bug repellant, ETC Gatorades, water, granola bars, other healthy packaged snacks  Operation Hours  Saturday and Sunday (Fridays and Mondays during holidays) to start and will expand to Friday if 10:00 AM to 6 PM (possibly expanding hours to 7 or 8 PMI if demand is there)  the demand is there  Possibly do late events (sunset float or full moont float) Possibly do early events (sunrise or meditation float)  Season  Friday May 24th to Monday September 2nd (possibly expanding to May 1st to end of September  based on demand)    Prices 1 Hour Rentals  Single kayak: $30 SUP:$30 Tandem kayak: $45  Canoe: $45 (3" person in canoe 13 or older extra $15)  2 Hours Rentals  Single kayak: $40 SUP:$40 Tandem kayak: $60  Canoe: $60 (3d person in canoe 13 or older extra $15)  31 Hours Rentals Single kayak: $50 SUP:$50 Tandem kayak: $75 Half Day (4 Hours) Rentals Single kayak: $55 SUP:$ $55 Tandem kayak: $85  Canoe: $75 (31d person in canoe 13 or older extra $15)  Canoe: $85 (3rd person in canoe 13 or older extra $15)  Full Day Rentals Single kayak: $70 SUP:$70 Tandem kayak: $100  Canoe: $100 (31d person in canoe 13 or older extra $15)  Off Site Rentals 1 Day (Possibly int future).  Single kayak: $80 SUP:$80 Tandem kayak: $120 Canoe: $100 Single kayak: $65 SUP: $65 Tandem kayak: $110 Canoe: $110  Full Moon Floats (Guided, possibly in future)  Canoe with 2 paddlers and child: $120 Canoe with 2 paddlers and 3rd adult: $150    Safety Customer Safety Talk  Each customer/customer group will receive boating instruction Each customer/customer group will receive hazard training specific for each site  Storm Safety  Staff will not send anyone outi if severe weather is looming and existing reservations will be Staff will educate customers on storm safety and protocols when there is any chance of severe Staff will call any customers still on the water if severe weather is predicted to hit within the  moved to a time that is weather safe  weather hour Flipped Boat Safety  Staff will educate customers on getting back into their boats  Staff willl have throwable floatation devices to throw and tow ropes to help facilitate overturned  customers  Each location will have (1) single kayak reserved for a rescue boat at alli times    Consent 7.i Recycling Ordinance Amendment  LEGALI NOTICE  NOTICE IS HEREBY GIVEN that the Borough Council of the Borough of Hanover, York County, Pennsylvania, intends to consider for adoption and to vote upon enactment of Ordinance No. 2367 at its regularly scheduled meeting to be held on April 24, 2024, at 7:00 p.m. (prevailing time), at the Hanover Borough Municipal Building, 44 Frederick Street, Hanover, Pennsylvania 17331.  The proposed Hanover Borough Ordinance, No. 2367 amends Ordinance No. 2113, as amended, of the Code of the Borough of Hanover with the amendment of Chapter 308 Article II, Recycling, 111 Paragraph A and B to include "high-grade office paper."  Copies ofthei full text ofthe ordinancer mayl be examinedwithout: charge or obtained for a charge not greater than the cost thereof at the Hanover Borough Building, 44 Frederick Street, Hanover,PA17331.  Margaret Lewis Borough Manager  ADVERTISEMENT DATE: May 7, 2024 PLEASE PROVIDE PROOF OF PUBLICATION    inance/Personne! 1. Maximum Parameters Bond Ordinance  DRAFT 04/18/2024 For Review, Comment & Public Display  BOROUGH OF HANOVER, York County, Pennsylvania  ORDINANCE NO. 2364  OF THE BOROUGH OF HANOVER AUTHORIZING AND SECURING ONE OR MORE SERIES OF GENERAL OBLIGATION BONDS IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $9,300,000, PURSUANT TO THE PENNSYLVANIA LOCAL GOVERNMENT UNIT DEBT ACT, TO ACQUIRE AND CONSTRUCT A PUBLIC SAFETY AND ADMINISTRATIVE COMPLEX, AND OTHER LAND, BUILDINGSANDFACUITIESFORCOVERNMENTALUSE BY THE BOROUGH AND SUCH RELATED APFURTENANCES, AND SUITABLE FIXTURES, FURNISHINGS AND EQUIPMENT THEREFOR, AND TO PAY RELATED COSTS; ACCEPTING A PROPOSAL FOR THE PURCHASE OF BONDS; SETTING FORTH THE PARAMETERS, SUBSTANTIAL FORM OF AND CONDITIONS FOR ISSUING THE BONDS; PLEDGINGTHE FULL FAITH, CREDIT AND TAXING POWER OF THIS BOROUGH TO SECURE THE BONDS; CREATING A SINKINGFUND AND APPOINTING APAYING. AGENT AND SINKING FUND DEPOSITORY; AND APPROVING  RELATED DOCUMENTS AND ACTS.  WHEREAS, the Borough of Hanover, in York County, Pennsylvania (the  "Borough"), is a political subdivision of the Commonwealth of Pennsylvania (the Commonwealth"), is governed by the Council of the Borough (the "Council") and is a "local government unit" as defined in the Local Government Unit Debt Act, 53 Pa.C.S. Chs. 80-82 (the  "DebtA Act"), of the Commonwealth; and  WHEREAS, the Council has received cost estimates prepared by registered  architects, professional engineers or other persons qualified by appropriate experience, and has determined that it is necessary and desirable to provide for the funding of (i) the planning, design, purchase, acquisition and construction, as applicable, ofaj public safety and administrative complex, and other land, buildings and facilities for governmental use by the Borough and such related  #115936630vl    appurtenances, and suitable fixtures, furnishings and equipment therefor, and (i)related costs thereto  (collectively, the "Project"); and  WHEREAS, the Council intends to finance the Project by issuing one or more  series of general obligation bonds (the "Bonds"), in the maximum aggregate principal amount of Nine Million Three Hundred Thousand Dollars ($9,300,000), in accordance with the Debt Act;  and  WHEREAS, the Council has considered the possible manners ofs selling the Bonds WHEREAS, the Council has determined that the Bonds shall be offered in a private  provided for in the Debt Act, at public or private sale, and by invitation or negotiation; and sale by negotiation at a1 net purchase price ofnot less than 90%1 nor more than 120% oft the aggregate principal amount of the Bonds issued (including original issue discount/premium and underwriting  discount), plus accrued interest (collectively, the "Purchase Price"); and  WHEREAS, a Bond Purchase Agreement, dated April 24, 2024 (the Proposal"),  to purchase the Bonds has been received from PNC Capital Markets LLC (the "Purchaser"), containing financial parameters for, and conditions to, the sale, purchase and issuance of the Bonds, which are consistent with the maximum interest rates and maximum principal payment amounts by fiscal year set forth in Exhibit "A" attached hereto and made aj part hereof (the "Bond Parameters"), which Proposal will be supplemented by one or more Addendums to the Proposal (each an "Addendum") containing the final terms and conditions for the Bonds, within the Bond  Parameters; and  WHEREAS, the Council desires to accept the Proposal, to award the sale of thei  Bonds, to authorize the issuance of nonelectoral debt, and to take and authorize appropriate action,  all in connection with the Project, and in accordance with the Debt Act; and  WHEREAS, the Council has determined to appoint Manufacturers and Traders  Trust Company (the "Paying Agent"), having corporate trust offices in Harrisburg, Pennsylvania and Buffalo, New York, as paying agent and sinking fund depository for the Bonds.  NOW,THEREFORE, BE ITI ENACTED AND ORDAINED, by the Council of SECTION1. The Council hereby authorizes and directs the issuance of the SECTION:2. The Council expresses its finding that it is in the best financial  this Borough, as follows:  Bonds, pursuant to this Ordinance, in accordance with the Debt Act, to finance the Project. interests of this Borough to sell the Bonds in aj private sale by negotiation and determines that the  debt to be incurred pursuant to this Ordinance shall be nonelectoral debt.  -2-    SECTION3. The Project has a reasonably estimated useful life of at least  twenty (20)years. The first principal due on the Bonds is not later than two years from the date of issuance or one year after the date of estimated completion of construction oft the Project.  SECTION 4. The Council accepts the Proposal of the Purchaser, and the  President or Vice President of the Council is authorized to sign the Proposal on behalf of this Borough. The Borough Finance Director, in consultation with PFM Financial Advisors LLC, as financial advisor to the Borough, is hereby authorized to direct the Purchaser when to market the Bonds and to approve each Addendum containing the final terms and conditions of the Bonds within the Bond Parameters, in sufficient time to finance the Project. Each Addendum to be presented by the Purchaser, sO approved, shall be executed and delivered by the President or Vice President of the Council and included as a part oft the Proposal accepted by this Ordinance.  SECTION: 5. The Bonds, when issued, will be general obligation bonds ofthis SECTION 6. The Bonds shall be issuable, from time to time, as one or more  Borough.  series, as fully registered bonds in denominations of $5,000 principal amount or any integral  multiple thereof.  Each of the Bonds shall bear interest from the interest payment date next preceding  the date of registration and authentication of such bond, unless: (a) such bond is registered and authenticated as of an interest payment date, in which event such bond shall bear interest from said interest payment date; or (b) such bond is registered and authenticated after a Record Date (hereinafter defined) and before the next succeedingi interest payment date, in which event such bond shall bear interest from such interest payment date; or (c) such bond is registered and authenticated on or prior to the Record Date next preceding the first interest payment date, in which event such bond shall beari interest from the dated date ofthel Bonds; or (d) as shown by the records ofthe Paying Agent, interest on such bond shall be in default, in which event such bond shall bear interest from the date to which interest was last paid on suchl bond. Interest on each ofthe] Bonds shall bej payable initially on a date selected by Borough, and thereafter, semiannually, until the principal sum thereof is paid or provision for payment thereof duly has been made. Except as to distinguishing series or subseries, numbers, denominations, interest rates and maturity dates, the Bonds and the Paying Agent's certificates ofauthentication shall be substantially int the forms and shall be ofthe tenor and purport hereinafter set forth, with insertions and variations (including CUSIP numbers) approved by this Borough, the Purchaser and the Paying Agent, as may be appropriate for different series,  subseries, denominations and maturity dates.  Principal, premium, ifany, and interest with respect to the Bonds shall be payable  in lawful money of the United States of America. The principal of and premium, if any, on the Bonds shall be payable to the registered owners thereof or their transferees, upon presentation and surrender of the Bonds at the place or places set forth in the Bonds. Payment ofi interest on the Bonds shall be made by check mailed to the registered owners thereof whose names and addresses appear at the close of business on the fifteenth (15th) day next preceding each interest payment  -3-    date (the "Record Date-") on the registration books maintained by the Paying Agent on behalf of this Borough, irrespective ofany transfer or exchange ofa any Bonds subsequent to thel Record Date and prior to such interest payment date, unless this Borough shall be in default in payment of interest due on such interest payment date. In the event ofa any such default, such defaulted interest shall be payable to the persons in whose names the Bonds are registered at the close of business on a special record date for the payment of such defaulted interest established by notice mailed by the Paying Agent on behalf of this Borough to the registered owners of the Bonds not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the persons in whose names the Bonds are registered at the close ofbusiness on the fifth (5th) day preceding the  date ofi mailing.  If the date for payment of the principal of or interest on any Bonds shall be a  Saturday, Sunday, legal holiday or a day on which banking institutions in the Commonwealth are authorized or required by law or executive order to close, then the date for payment of such principal or interest shall be the next succeeding day that is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized or required to close, and payment on such date shall have the same force and effect as if made on the nominal date established for such  payment.  SECTION 7. Registration ofthet transfer ofc ownership of Bonds shall be made  upon surrender of any of the Bonds to the Paying Agent, accompanied by a written instrument or instruments in form, with instructions, and with guaranty of signature satisfactory to the Paying Agent, duly executed by thei registered owner thereofo for his attorney-in-fact orl legal representative. The Paying Agent shall enter any transfer of ownership of any of the Bonds in the registration books and shall authenticate and deliver at the earliest practicable time int the name ofthe transferee ort transferees a new: fully registered bond or bonds of authorized denominations for the aggregate principal amount that the registered owner is entitled to receive. Bonds may be exchanged fora like aggregate principal amount of Bonds of other authorized denominations of the same series,  maturity and interest rate.  SECTION 8. This Borough and the Paying Agent shall not be required to  register the transfer of or exchange any of the Bonds then considered for redemption during the period beginning at the close of business on. the fifteenth (15th) day next preceding any date of selection ofs such Bonds to be redeemed and ending at the close of business on the day of mailing oft the notice of redemption, as hereinafter provided, or to register the transfer of or exchange any portion ofa any oft the Bonds selected for redemption in whole or in part until after the redemption  date.  SECTION9. This Borough and the Paying Agent may deem and treat the  persons in whose names the Bonds shall bei registered as the absolute owners thereof for all purposes, whether such Bonds shall be overdue or not, and payment of the principal of, premium, ifany, and interest on the Bonds shall be made only to or upon the order of the registered owners thereof or their legal representatives, but registration of a transfer of ownership may be made as herein provided. All such payments shall be valid and effectual to: satisfy and discharge the  4-    liability upon Bonds, to the extent of the sum or sums SO paid, and neither this Borough nor the  Paying Agent shall be affected by any notice to the contrary.  SECTION 10. This Borough shall cause to be kept, and the Paying Agent shall  keep, books for the registration, exchange and transfer of Bonds in the manner provided herein and therein sO. long as Bonds shall remain outstanding. Such registrations, exchanges and transfers shall be made without charge to bondholders, except for actual costs, including postage, insurance and any taxes or other governmental charges required to be paid with respect to the same.  SECTIONI 11. The Bonds shall bear interest, each with al Purchase Pricei resulting  in yield(s) to maturity, and principal shall mature or be payable upon mandatory sinking fund redemptions, in the maximum annual amounts, and within the fiscal years set forth in Exhibit" "A"  attached hereto and made aj part hereof.  SECTION 12.  The Bonds may be subject to optional redemption by this  Borough prior to maturity, on such date or dates and under such terms as may be determined in the manner described in Section 4 hereof. The Bonds may be subject to mandatory redemption prior to maturity, determined in the manner described in Section 4 hereof, not in excess of any annual  principal payment amount set forth in Exhibit "A" hereof.  Ifany oft the Bonds is of a denomination larger than $5,000, a portion of such bond  may be redeemed, but such bond shall be redeemed only in $5,000 principal amount or any integral multiple thereof. For the purpose of selecting any of the Bonds for redemption, each of the Bonds subject to redemption shall be treated as representing the number of Bonds that is equal to the principal amount thereofdivided by $5,000, each $5,000 portion thereofbeing subject toi redemption. Int the case of partial redemption ofa any oft the Bonds, payment ofthe redemption price willl be made only upon surrender of such bond in exchange for Bonds of authorized denominations oft the same series, maturity and interest rate and in aggregate principal amount equal to the unredeemed portion  oft the principal amount thereof.  Notice of redemption shall be deposited in first class mail not less than thirty (30)  days prior to the date fixed for redemption and shall be addressed to the registered owners oft the Bonds to be redeemed at their addresses shown on the registration books kept by the Paying Agent as ofthe day such Bonds are: selected for redemption. Such notice shall specify: (1)the maturity and numbers ofthe] Bonds or portions thereofso called for redemption; (2) the date fixed: for redemption; (3) the redemption price or prices applicable to the Bonds or portions thereof to be redeemed; and (4) that on the date fixed for redemption the principal amount to be redeemed will be payable at the principal corporate trust office of the Paying Agent and that after such date interest thereon shall cease to accrue. Failure to mail any such notice or any defect therein or in the mailing thereof shall not affect the validity of any proceeding for redemption of other Bonds SO called for redemption as  tow which proper notice has been given.  On the date designated for redemption, notice having been provided as aforesaid, and  money for payment of the principal, premium, ifany, and accrued interest being held by the Paying  -5-    Agent, interest on the Bonds or portions thereof so called for redemption shall cease to accrue and such Bonds or portions thereof so called for redemption shall cease to be entitled to any benefit or security under this Ordinance, and registered owners ofs such bonds or portions thereof SO called for redemption shall have no rights with respect thereto, except to receive payment of the principal to be redeemed and accrued interest thereon to the date fixed for redemption, together with the  redemption premium, ifany.  If at the time of mailing of a notice of redemption the Borough shall not have  deposited with the Paying Agent, as sinking fund depository, money sufficient to redeem all Bonds called for redemption, the notice ofredemption shall state that iti is conditional, ie., that it is subject to the deposit of sufficient redemption money with the Paying Agent not later than the opening of business on the redemption date, and such notice shall be of no effect unless such money is SO deposited. Ifthe Bonds to be called for redemption shall have been refunded, money sufficient to redeem such Bonds shall be deemed to be on deposit with the Paying Agent for thej purposes oft this Section, and the notice ofredemption need not state that it is conditional, ift the redemption money has been deposited irrevocably with another bank or bank and trust company which shall have been given irrevocable instructions to transfer the same to the Paying Agent notlater than the opening of  business ont the redemption date.  Ifthe redemption date for any Bonds shall be a Saturday, Sunday, legal holiday ora  day on which banking institutions in the Commonwealth are authorized or required by law or executive order to close, then the date for payment of the principal, premium, if any, and interest upon such redemption shall be the next succeeding day that is not a Saturday, Sunday, legal holiday ora day on which such banking institutions are authorized or required to close, and payment on such date shall have the same force and effect as ifmade on the nominal date ofredemption.  SECTION13. This Borough appoints the Paying Agent as the paying agent with  respect to the Bonds and directs that the principal of, premium, ifany, and interest ont thel Bonds shall be payable at or by the designated corporate trust office of the Paying Agent in lawful money ofthe  United States of America.  SECTION14. The form oft the Bonds, including the form of Assignment and the  form of the Paying Agent's Certificate, shall be substantially as set forth in Exhibit "B", which is attached hereto and made part hereof, with appropriate insertions, omissions and variations.  SECTION: 15. The Bonds shall be executed in the name of and on behalf ofthis  Borough by the manual or facsimile signature ofthel President or Vice President oft the Council, and the official seal, or a facsimile of the official seal, of this Borough shall be affixed thereto and the manual or facsimile signature oft the Secretary or Assistant Secretary ofthe Council shall be affixed thereto in attestation thereof; and said officers are authorized to execute and to attest the Bonds. benefit under this Ordinance nor shall it be valid, obligatory or enforceable for any purpose until such bond shall have been: registered and authenticated by the Certificate of Authentication endorsed  SECTION. 16. No bond constituting one of the Bonds shall be entitled to any  6-    thereon duly signed by the Paying Agent; and the Paying Agent is authorized to register and  authenticate the Bonds, in accordance with the provisions hereof.  SECTION17. This Borough covenants to and with registered owners, from time  to time, of the Bonds that shall be outstanding, from time to time, pursuant to this Ordinance, that this Borough shall: (i) include the amount of the debt service for the Bonds, for each fiscal year of this Borough in which the sums are payable, in its budget for that fiscal year, (ii) appropriate those amounts from its general revenues for the payment oft the debt service, and (iii) duly and punctually pay or cause to bej paid from its Sinking Fund (hereinafter identified) or any other ofits revenues or funds the principal of and interest on each of the Bonds at the dates and places and in the manner stated therein, according to the true intent and meaning thereof; and, for such budgeting, appropriation and payment, this Borough shall and does pledge, irrevocably, its full faith, credit and taxing power. As provided in the Debt Act, the foregoing covenant of this Borough shall be  specifically enforceable.  SECTION 18. There is created, pursuant to the requirements of the Debt Act,  one or more sinking funds for the Bonds (collectively, the"Sinking Fund")including, ifapplicable, multiple series or subseries, or a mandatory sinking fund(s). The Sinking Fund shall be administered in accordance with applicable provisions of the Debt Act, and include mandatory  redemption amounts described in the Addendum. depository with respect to the Sinking Fund.  SECTION 19. This Borough appoints the Paying Agent as the sinking fund SECTION 20. This Borough covenants to make payments out of the Sinking  Fund, or out of any other of its revenues or funds, at such times and in such annual amounts, as shall be sufficient for prompt and full payment of all obligations oft the Bonds when due.  SECTION 21. The Council hereby authorizes the preparation of a Preliminary  Official Statement for use in the marketing of the Bonds and authorizes the President or Vice President oft the Council, in consultation with the Borough Finance Director, to approve the form ofs such Preliminary Official Statement and a final Official Statement with: respect to the Bonds of this Borough, but with such insertions and amendments as shall be necessary or appropriate to reflect the final terms and provisions ofthel Bonds, the accepted Proposal and this Ordinance. Such authorized officer of the Council shall affix his or her signature to the Official Statement by affixing his or her signature thereto as such officer, and such execution of the Official Statement by such officer shall constitute conclusive evidence oft the approval of the Official Statement by  such officer on behalf of the Council.  SECTION22. The President or the Vice President of the Council and the  Secretary, respectively, of this Borough, which shall include their duly qualified successors in office, if applicable, are authorized and directed, as required, necessary and/or appropriate: (a) to prepare, to certify and to file with the Department the debt statement: required by thel Debt Act; (b) to prepare and to file with the Department any statements required by the Debt Act that are  -7-    necessary to qualify all or any portion of the debt of this Borough that is subject to exclusion as self-liquidating or subsidized debt for exclusion from the appropriate debt limit oft this Borough as self-liquidating or subsidized debt; (c) to prepare and to file the application with the Department, together with a complete and accurate transcript of the proceedings for the required approval relating to the debt, of which debt the Bonds, uponissue, will be evidence, as required by the Debt Act; (d) to pay or to cause to be paid to the Department all required filing fees required in connection with the foregoing; and (e) to take other required, necessary and/or appropriate action. be prepared for filing with the Department as required by the Debt Act. The President or Vice President and the Secretary or Assistant Secretary, respectively, of this Borough are hereby authorized to prepare and to execute, or to authorize the auditors ofthis Borough to prepare and to  The Council authorizes and directs that an appropriate borrowing base certificate  execute, such borrowing base certificate.  SECTION 23. If applicable, as determined from the Addendum, the Council  authorizes and directs the purchase of municipal bond guaranty insurance with respect to the Bonds. The officers and agents oft this Borough are authorized and directed to take all required, necessary and/or appropriate action with respect to such insurance, as contemplated in the  Addendum, including the payment oft the premium for such insurance.  SECTION24. Officers ofthis Borough are authorized and directed to contract  with the Paying Agent for its services as paying agent with respect to the Bonds and as sinking  fund depository in connection with the Sinking Fund.  SECTION 25. Itis declared that the debt to be incurred hereby, together with  any other indebtedness ofthis Borough, is not in excess of any limitation imposed by the Debt Act  upon the incurring of debt by this Borough.  SECTION:26. The officers and agents of this Borough are authorized and  directed to deliver the Bonds and to authorize payment of all costs and expenses associated with issuance oft the Bonds as provided for in the Proposal, but only after the Department has certified its approval pursuant to the provisions of the Debt Act or at such time when the filing authorized tol be submitted to the Department pursuant to the Debt Act shall be deemed tol have been approved  pursuant to the Debt Act.  SECTION: 27. This Borough covenants to and with purchasers ofthel Bonds (or  any portion thereof intended to be exempt from federal taxation) that it will make no use of the proceeds of such Bonds, or ofa any other obligations deemed to be part oft the same "issue" as any portion ofs such Bonds under applicable federal tax regulations, that will cause the Bonds to be or become "arbitrage bonds" within the meaning of Section 103(b)(2) and Section 148 oft the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations implementing said Sections that duly have been published in the Federal Register or any other regulations implementing said Sections, and this Borough further covenants to comply with all other requirements of the Code,  -8-    if and to the extent applicable, to maintain continuously the Federal income tax exemption of  interest on such Bonds.  This Borough further covenants to and with purchasers of the Bonds that it will  make no use of the proceeds of the Bonds, oft the proceeds of any other obligations deemed to be part oft the same "issue" as the Bonds under applicable Federal tax regulations, or of any property ori facilities financed with thej proceeds ofthe Bonds or ofany such other obligations deemed to be part of the same "issue" as the Bonds, that will cause the Bonds to be or become "private activity bonds" within thei meaning of Section 141 ofthe Code and the Treasury Regulations implementing said Section of the Code. This Borough shall comply with all other requirements of the Code, if and to the extent applicable, to maintain continuously the Federal income tax exemption ofinterest  on the Bonds.  If applicable, the President or Vice President of the Council is authorized to  represent in a certificate delivered when the Bonds are issued, if appropriate, that this Borough does not then reasonably expect to issue tax-exempt obligations that, together with all tax-exempt obligations reasonably expected to be issued by all entities that issue bonds on behalf of this Borough and all "subordinate entities" (within the meaning of Section 265(b)(3)(E) of the Code) of this Borough, in the aggregate, will exceed Ten Million Dollars ($10,000,000) (excluding obligations issued to refund (other than to advance refund) any obligation to the extent that the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation) in the calendar year ofi issuance and, accordingly, thereby designates the Bonds (to the extent they are not "deemed designated" under Section 265(b)(3)(D)@) ofthe Code), on behalfof this Borough, as "qualified tax-exempt obligations," as defined in Section 265(b)(3)(B) of the  Code, for the purposes and effect contemplated by Section 265 oft the Code.  SECTION 28. This Borough shall enter into, and hereby authorizes and directs  the President or Vice President of the Council to execute, a Continuing Disclosure Certificate (the "Certificate") on behalfofthis Borough on or before the date ofissuance and delivery ofthel Bonds. Such Certificate shalll be executed and delivered to satisfy the terms and conditions ofthe accepted Proposal for sale of the Bonds and Securities and Exchange Commission Rule 15c2-12, and shall be substantially in the form presented to this meeting, which: is hereby approved, together with any changes therein made and approved by the executing officer of the Council, whose execution and delivery thereof shall constitute conclusive evidence of such approval. A copy oft the Certificate shall be filed with the Borough Secretary and shall be and hereby is made part ofthis Ordinance. all of the provisions of the Certificate. Notwithstanding any other provision of this Ordinance, failure of this Borough to comply with the Certificate shall not be considered an event of default with respect to the Bonds; however, any registered owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause: this Borough to comply with its obligations under this Section and such Certificate.  This Borough hereby covenants and agrees that it will comply with and carry out  9-    SECTION:29. The Bonds shall be made available for purchase under a book-  entry only system available through The Depository Trust Company, a New York corporation ("DTC"). If applicable, at or prior to settlement for the Bonds, this Borough and the Paying Agent shall execute or signify their approval of a Representation Letter in substantially the form on file with the Secretary of the Borough (the Representation Letter"). The appropriate officers of this Borough and the Paying Agent shall takei such action as may be necessary from time to time to comply with the terms and provisions oft the Representation Letter, and any successor paying agent for the Bonds, in its written acceptance ofi its duties under this Ordinance, shall agree to take any actions necessary from time to time to comply with the requirements oft the Representation Letter. Bonds shall initially be issued in the form of one fully-registered bond for the aggregate principal amount oft the Bonds of each maturity, and the following provisions shall apply with respect to the  SECTION: 30. Notwithstanding the foregoing provisions of this Ordinance, the  registration, transfer andj payment ofthe Bonds:  (a) Except as provided in subparagraph (g) below, all oft the Bonds shall be registered in the name of Cede & Co., as nominee ofDTC; provided that ifDTC shall request that the Bonds be registered in the name of a different nominee, the Paying Agent shall exchange all or any portion of the Bonds for an equal aggregate principal amount of Bonds oft the same series, interest rate and: maturity registered in  the name of such nominee or nominees ofDTC.  (b) No person other than DTC or its nominee shall be entitled to receive from this Borough or the Paying Agent either a Bond or any other evidence of ownership ofthel Bonds, or any right to1 receive any payment ini respect thereof, unless DTCoritsi nominee shall transfer record ownership ofa all or any portion oft the Bonds on the registration books (the "Register") maintained by the Paying Agent in connection with discontinuing the book-entry system as provided in subparagraph  (g) below or otherwise.  (c) So long as any Bonds are registered in the name of DTC or any nominee thereof, all payments of the principal or redemption price of or interest on such Bonds shall be made to DTC or its nominee in accordance with the Representation Letter on1 the dates provided for such payments under this Ordinance. Each such payment to DTC or its nominee shall be valid and effective to fully discharge all liability of this Borough or the Paying Agent with respect to the principal or redemption price of or interest on the Bonds to the extent oft the sum or sums sO paid. Int the event oft the redemption ofless than all ofthel Bonds outstanding ofany maturity, thel Paying Agent shall not require surrender by DTC or its nominee of the Bonds SO redeemed, but DTC (or its nominee) may retain such Bonds and make an appropriate notation on the Bond certificate as to the amount ofs such partial redemption; provided that DTC shall deliver to the Paying Agent, upon request, a written confirmation ofsuch partial redemption and thereafterthei records maintained  -10-    by the Paying Agent shall be conclusive as to the amount of the Bonds of such  maturity which have been redeemed.  (d) This Borough and the Paying Agent may treat DTC (ori its nominee) as the sole and exclusive owner of the Bonds registered ini its name for the purposes ofp payment oft the principal or redemption price of ori interest ont the Bonds, selecting the Bonds or portions thereoftol be redeemed, giving any notice permitted or required to be given to holders of Bonds under this Ordinance, registering the transfer of Bonds, obtaining any consent or other action tol bei taken by holders ofl Bonds and for all other purposes whatsoever; and neither this Borough nor the Paying Agent shall be affected by any notice to the contrary. Neither this Borough nor thel Paying. Agent shall have any responsibility or obligation to any participant in DTC, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any such participant, or any other person which is not shown on the Register as being a registered owner of Bonds, with respect to (1) the Bonds, (2) the accuracy of any records maintained by DTC or any such participant, (3) the payment by DTC or any such participant of any amount in respect oft the principal or redemption price ofor interest on the Bonds, (4) any notice which is permitted or required to be given to holders of the Bonds under this Ordinance, (5) the selection by DTC or any such participant of any person to receive payment in the event of a partial redemption of the Bonds, and (6) any consent given or other action taken by DTC as holder oft the  Bonds.  (e) Sol long as the Bonds or any portion thereofare registered in the name ofDTC or any nominee thereof, all notices required or permitted to be given to the holders ofs such Bonds under this Ordinance shall be given to DTC: as provided in the  Representation Letter.  (f) In connection with any notice or other communication to be provided tol holders of Bonds pursuant to this Ordinancel by this Borough or the Paying Agent with respect to any consent or other action to be taken by holders of Bonds, DTC shall consider the date of receipt ofr notice requesting such consent or other action as the record date for such consent or other action, provided that this Borough or the Paying Agent may establish a special record date for such consent or other action. This Borough or the Paying Agent shall give DTC notice ofs such special record date not less than 15 calendar days in advance of such special record date to the extent  possible.  (g) The book-entry only system for registration of the ownership of the Bonds may be discontinued at any time if either (1)after notice to this Borough and the Paying Agent, DTC determines to resign as securities depository for the Bonds, or (2) after notice to DTC and the Paying Agent, this Borough determines that continuation of the system of book-entry transfers through DTC (or through a successor. securities depository) is noti in the best interests ofthis Borough. In either  -11-    ofsuch events (unlessi int the case describedinc clause (2)above, this Boroughappoints a successor securities depository), thei Bonds shall be delivered in registered certificate form to: such] persons, andi in: such maturities and principal amounts, as may be designated by DTC, but without any liability on the part of this Borough or the Paying Agent for the accuracy of such designation. Whenever DTC requests this Borough and the Paying Agent to do sO, this Borough and the Paying Agent shall cooperate with DTC in taking appropriate action after reasonable notice to arrange for another securities depository to maintain custody of certificates evidencing the  Bonds.  SECTION 31. There is hereby established a fund for the Project, to be known  as the "Municipal Building Project Fund - Series 2024 Bonds" (the "Project Fund"), into which the net proceeds of the Bonds shall be deposited. Any money in the Project Fund not required for prompt expenditure: may be deposited or invested in accordance with Section 8224 ofthe Debt Act or other applicable provisions of law. The Borough intends that the money held in the Project Fund shall serve as the Borough's matching funds for two Redevelopment Assistance Capital Program Grants the Borough anticipates receiving toj pay aj portion of the costs of the Project. of the Council are authorized and directed to perform such acts as may be necessary to facilitate  SECTION. 32. The President or Vice President and the Secretary,respectively,  the settlement for the Bonds.  SECTION 33. Any reference in this Ordinance to an officer or member of the SECTION 34. This Ordinance shall be effective in accordance with Section SECTION 35. In the event any provision, section, sentence, clause or part of  Council shall be deemed to refer to his or her duly qualified successor in office, if applicable.  8003 ofthe Debt Act.  this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Ordinance, it being the intent of this Borough  that such remainder shall be and shall remain in full force and effect. be inconsistent herewith, shall be and the same expressly are repealed.  SECTION 36. All ordinances or parts of ordinances, insofar as the same shall  -12-    DULYI ENACTED, AND ORDAINED, by the Council ofthis] Borough, in] lawful  session duly assembled, this 24th day of April, 2024.  BOROUGH OF HANOVER, York County, Pennsylvania  By:  (Vice) President oft the Council  ATTEST:  Secretary  (SEAL)  EXAMINED AND APPROVED, by the Mayor oft the Borough on April 24, 2024.  Mayor of the Borough    EXHIBIT"A" BOROUGH OF HANOVER, York County, Pennsylvania $9,300,000 Maximum Aggregate Principal Amount General Obligation Bonds Annual Principal Payment Schedule  Max Max Principal Rate  Semi-Annual DebtService 465,000.00 314,000.00 277,950.00 312,950.00 276,900.00 311,900.00 275,850.00 675,850.00 263,850.00 678,850.00 251,400.00 676,400.00 238,650.00 678,650.00 225,450.00 680,450.00 211,800.00 681,800.00 197,700.00 682,700.00 183,150.00 693,150.00 167,850.00 692,850.00 152,100.00 697,100.00 135,750.00 695,750.00 118,950.00 698,950.00 101,550.00 726,550.00 82,800.00 732,800.00 63,300.00 738,300.00 43,050.00 748,050.00 21,900.00 751,900.00 16,623,900.00  Fiscal Year Debt Service 779,000.00 590,900.00 588,800.00 951,700.00 942,700.00 927,800.00 917,300.00 905,900.00 893,600.00 880,400.00 876,300.00 860,700.00 849,200.00 831,500.00 817,900.00 828,100.00 815,600.00 801,600.00 791,100.00 773,800.00 16,623,900.00  Date 4/1/2025 10/1/2025 4/1/2026 10/1/2026 4/1/2027 10/1/2027 4/1/2028 10/1/2028 4/1/2029 10/1/2029 4/1/2030 10/1/2030 4/1/2031 10/1/2031 4/1/2032 10/1/2032 4/1/2033 10/1/2033 4/1/2034 10/1/2034 4/1/2035 10/1/2035 4/1/2036 10/1/2036 4/1/2037 10/1/2037 4/1/2038 10/1/2038 4/1/2039 10/1/2039 4/1/2040 10/1/2040 4/1/2041 10/1/2041 4/1/2042 10/1/2042 4/1/2043 10/1/2043 4/1/2044 10/1/2044 TOTALS  Interest 465,000.00 277,950.00 276,900.00 275,850.00 263,850.00 251,400.00 238,650.00 225,450.00 211,800.00 197,700.00 183,150.00 167,850.00 152,100.00 135,750.00 118,950.00 101,550.00 82,800.00 82,800.00 63,300.00 63,300.00 43,050.00 43,050.00 21,900.00 21,900.00 7,323,900.00 EXHIBIT "A" Page 1 of2  35,000 6.000 279,000.00 35,000 6.000 277,950.00 35,000 6.000 276,900.00 400,000 6.000 275,850.00 415,000 6.000 263,850.00 425,000 6.000 251,400.00 440,000 6.000 238,650.00 455,000 6.000 225,450.00 470,000 6.000 211,800.00 485,000 6.000 197,700.00 510,000 6.000 183,150.00 525,000 6.000 167,850.00 545,000 6.000 152,100.00 560,000 6.000 135,750.00 580,000 6.000 118,950.00 625,000 6.000 101,550.00 650,000 6.000 675,000 6.000 705,000 6.000 730,000 6.000 9,300,000    EXHIBIT "B" (FORM IOFB BOND)  [The following Legend is to be printed on any Bonds registered in the name of The Depository Trust Company or Cede & Co., its nominee: "Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative ofDTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY ORTO. ANY PERSON: IS WRONGFUL in as much as the registered owner hereof, Cede &  Co., has an interest herein."]  Number  $_  UNITED STATES OF AMERICA COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK BOROUGH OF HANOVER GENERAL OBLIGATION: BOND, SERIES OF20  INTEREST RATE %  MATURITY DATE  DATE OFSERIES  CUSIP  REGISTERED OWNER: CEDE & CO.  PRINCIPAL SUM:  DOLLARS ($  The Borough of Hanover, in York County, Pennsylvania (the "Issuer"), aj political  subdivision existing under laws of the Commonwealth of Pennsylvania (the Commonwealth"), for value received, promises toj pay to the order ofthe registered owner named hereon, or registered assigns, on the maturity date stated hereon, upon presentation and surrender hereof, the principal sum stated hereon, unless this General Obligation Bond, Series of 20 - (the "Bond"), shall be redeemable and shall have been duly called for earlier redemption and payment oft the redemption price shall have been made or provided for, and to pay semiannually on  and  ofeach year, beginning  20, tot the registered owner hereof, interest  EXHIBIT "B" Page 1 of10    on said principal sum, at the rate per annum stated hereon, until said principal sum has been paid or provision for payment thereof duly has been made. Interest on this Bond shall bej payable from the interest payment date next preceding the date of registration and authentication of this Bond, unless: (a) this Bond is registered and authenticated as ofani interest payment date, in which event this Bond shall bear interest from such interest payment date; or (b) this Bond is registered and authenticated after a Record Date (hereinafter defined) and before the next succeeding interest payment date, in which event this Bond shall bear interest from such interest payment date; or (c)this Bond is registered and authenticated on or prior to the Record Date (hereinafter defined) set forth above; or (d), as shown by the records oft the Paying Agent (hereinafter defined), interest ont this Bond shall bei in default, in which event this Bond shall bearin interest from the date on which interest was last paid on this Bond. The interest on this Bond, which is payable by check drawn on Manufacturers and' Traders Trust Company (the "Paying Agent"), or its successor, as paying agent, and the principal of and premium, if any, on this Bond, when due, are payable upon  preceding  20 in which event this Bond shall beari interest from the Date of Series  surrender hereof at the designated office oft the Paying Agent.  Payment of the interest hereon shall be made to the registered owner hereof whose  name and address shall appear, at the close of business on the fifteenth (15th) day next preceding each: interest payment date (the "Record Date"), on the registration books maintained by the Paying Agent, irrespective of any transfer or exchange of this Bond subsequent to such Record Date and prior to such interest payment date, unless the Issuer shall be in default in payment ofi interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in whose name this Bond is registered at the close of business on a special record date for the payment of such defaulted interest established by notice mailed by the Paying Agent to the registered owner of this Bond not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name this Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. Principal, premium, if any, and interest with respect to this Bond are payable in lawful money oft the United States of America. Obligation Bonds, Series of20 > (the "Bonds"), all of like date and tenor, except as to numbers, denominations, dates of maturity, rates ofi interest, and provisions for redemption, in the aggregate  This Bond is one of a series of bonds of the Issuer, known generally as "General  principal amount of  Dollars ($  The Bonds have been authorized for issuance in accordance with provisions of the  Local Government Unit Debt Act, 53 Pa.C.S. Chs. 80-82 (the "Debt Act"), of the Commonwealth, and by virtue of a duly enacted ordinance (the "Ordinance") of the Issuer. The Debt Act, as such shall have been in effect when the Bonds were authorized, and the Ordinance shall constitute a contract between the Issuer and registered owners, from time to time, of the Bonds.  The Issuer has covenanted, in the Ordinance, to and with registered owners, from  time to time, of the Bonds that shall be outstanding, from time to time, pursuant to the Ordinance, that the Issuer shall: (i) include the amount oft the debt service for the Bonds, for each fiscal year of  EXHIBIT "B" Page 2 of10    the Issuer in which such sums are payable, in its budget for that year, (ii) appropriate those amounts from its general revenues for the payment of such debt service, and (iii) duly and punctually pay or cause to bej paid from the sinking fund established under the Ordinance or any other ofits revenues or funds the principal of and interest on each of the Bonds at the dates and place and in the manner stated therein, according to the true intent and meaning thereof; and, for such budgeting, appropriation and payment, the Issuer has pledged and does pledge, irrevocably, its full faith, credit  and taxing power.  This Bond shall not be entitled to any benefit under the Ordinance, nor shall it be  valid, obligatory or enforceable for any purpose, until this Bond shall have been authenticated by the  Paying Agent.  The Bonds are issuable only in the form of registered bonds, without coupons, in the  denominations of $5,000 principal amount or any integral multiple thereof. Bonds may be exchanged for al like aggregate principal amount of Bonds of other authorized denominations oft the same maturity and interest rate upon surrender of such Bonds to the Paying Agent, with written  instructions satisfactory to the Paying Agent.  The Issuer and the Paying Agent may deem and treat the registered owner hereofa as  the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the Issuer and the Paying Agent shall not be affected by any notice to the  contrary.  This Bond may be transferred by the registered owner hereof upon surrender oft this  Bond to the Paying Agent, accompanied by a written instrument or instruments in form, with instructions, and with guaranty of signature satisfactory to the Paying Agent, duly executed by the registered owner oft this Bond or his attorney-in-fact or legal representative. Thel Paying Agent shall enter any transfer of ownership of this Bond in the registration books and shall authenticate and deliver at the earliest practicable time in the name of the transferee or transferees a new fully registered bond or bonds of authorized denominations of the same maturity for the aggregate principal amount that the registered owner is entitled to receive. The Issuer and the Paying Agent may deem and treat the registered owner hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the Issuer and the Paying Agent shall not be  affected by any notice to the contrary.  The Issuer and the Paying Agent shall not be required to issue or to register the  transfer of or exchange any Bonds then considered for redemption during a period beginning at the close of business on the fifteenth (15th) day next preceding any date of selection of Bonds to be redeemed and ending at the close of business on the day of mailing of the applicable notice of redemption, as hereinafter provided, or to register the transfer of or exchange any portion of any  bond selected for redemption until after the redemption date.  EXHIBIT "B" Page 3 of10    The Bonds stated to mature on or after  20 are subject to 20 or on any  redemption prior to maturity, at the option of the Issuer, as a whole, on  date thereafter, upon payment of the principal amount thereof, together with accrued interest to the  date fixed for redemption.  Thel Bonds stated to mature on ora after  ,20 are subject to redemption  prior to maturity, at the option of the Issuer, from time to time, in part, in any order of maturity any particular maturity aret to ber redeemed, the Bonds ofsuchi maturity tol bei redeemed shall be drawn by lot by the Paying Agent. Any such redemption shall be upon payment oft the principal amount to be redeemed, together with accrued interest thereon to the date fixed for redemption. "Term Bonds"), are subject to mandatory redemption prior to stated maturity, on  selected by the Issuer, on  20_ or on any date thereafter. If less than all Bonds of  The Bonds stated to mature on  20_ - oron  20 (the of  the years and in the principal amounts as set forth in the following schedules, as drawn by lot by the  Paying Agent:  Term Bonds Stated to Mature on  .20: Amount ;and  Year  Term Bonds Stated to Mature on  20: Amount  Year  Any such redemption shall be upon application ofmoney available for thej purpose in the Mandatory Sinking Fund established under the Ordinance and shall be upon payment oft the principal amount to bei redeemed, together with accrued interest thereon to the date fixed for redemption. In lieud ofsuch mandatory redemption, the Paying Agent, as sinking fund depository, on behalf oft the Issuer, may purchase, from money available for thej purpose in the Sinking Fund established under the Ordinance, at aj price not to exceed the principal amount plus accrued interest, or the Issuer may tender to the Paying Agent, all or part oft the Term Bonds subject to being drawn for redemption in any such year. mandatory sinking fund redemption, the Issuer shall be entitled to designate whether the amount to be redeemed shall be credited against the principal amount of such Bonds due at maturity or credited against the principal amount ofs such Bonds scheduled to be called for mandatory sinking  In the case of any partial redemption of Bonds of any maturity that is subject to  EXHIBIT "B" Page 4 of10    fund redemption on any particular date or dates, in each case in an integral multiple of $5,000  principal amount.  Ift this Bond is of a denomination larger than $5,000, a portion of this Bond may be  redeemed. For the purpose ofredemption, this Bond shall be treated as representing that number of Bonds that is equal to the principal amount hereof divided by $5,000, each $5,000 portion of this Bond being subject to redemption. In the case of partial redemption of this Bond, payment of the redemption price shall be made only upon surrender of this Bond in exchange for Bonds of authorized denominations in an aggregate principal amount equal to the unredeemed portion oft the principal amount hereof; provided, however, that should this Bond be registered in the name ofThe Depository Trust Company ("DTC") or Cede & Co., as nominee for DTC, or any other nominee of DTC, or any other successor securities depository or its nominee, this Bond need not be surrendered for payment and exchange in the event of a partial redemption hereof and the records of the Paying Agent shall be conclusive as to the amount ofthis Bond which shall have been redeemed.  Noticeofredemption shall be deposited ini first-class mail not less than 30 days prior  to the date fixed for redemption and shall be addressed to the registered owners of Bonds to be redeemed at their addresses shown on the registration books kept by the Paying Agent on the day such Bonds are selected for redemption. Failure to mail any notice of redemption or any defect therein or in the mailing thereof shall not affect the validity of any proceeding for redemption of  other Bonds SO called for redemption as to which proper notice has been given.  Ont the date designated for redemption, notice having been provided as aforesaid, and  money for payment oft the principal, premium, ifany, and accrued interest being held by the Paying Agent, interest on the Bonds or portions thereof SO called for redemption shall cease to accrue and such Bonds or portions thereof SO called for redemption shall cease to be entitled to any benefit or security under the Ordinance, and registered owners ofs such Bonds or portions thereof sO called for redemption shall have no rights with respect thereto, except to receive payment of the principal to be redeemed and accrued interest thereon to the date fixed for redemption, together with the  redemption premium, ifany.  The Issuer, in the Ordinance, has established a sinking fund with the Paying Agent,  as the sinking fund depository, into which funds for the payment oft the principal ofa and the interest ont the Bonds shall be deposited not later than the date fixed for the disbursement thereof. The Issuer has covenanted, in the Ordinance, to make payments from such sinking fund or from any other ofits revenues or funds, at such times and in such annual amounts, as shall be sufficient for prompt and  full payment of all obligations of this Bond.  Ith hereby is certified that: (i) all acts, conditions and things required to be done, to  happen or to be performed as conditions precedent to and in issuance of this Bond or in creation of the debt of which this Bond is evidence have been done, have happened orl have been performed in due and regular form and manner, as required by law; and (ii) the debt represented by this Bond,  EXHIBIT "B" Page 5 of10    together with any other indebtedness of the Issuer, is not in excess ofa any limitation imposed by the  Debt Act upon the incurring of debt by the Issuer.  This Bond is a "qualified tax-exempt obligation", as defined in Section  265(b)(3)(B) of the Internal Revenue Code of 1986, as amended (the "Code"),for, purposes and effect contemplated by. Section 265 ofthe Code (relating to expenses and interest relating to tax-  exempt income ofcertainfinancial. institutions).  EXHIBIT "B" Page 60 of10    IN WITNESS WHEREOF, thel Issuer has caused this Bond tol be executed ini its name  by the manual or facsimile signature oft the President or Vice President oft the Council and the seal tol be affixed hereto and the manual or facsimile signature oft the Secretary oft the Issuer to be affixed  hereto in attestation thereof, all as oft the Dated Date of Series.  BOROUGH OF HANOVER, York County, Pennsylvania  By:  (Vice) President oft the Council  ATTEST:  Secretary  (SEAL)  EXHIBIT "B" Page 70 of10    (FORM OF PAYING. AGENT'S CERTIFICATE)  CERTIFICATE OF AUTHENTICATION: CERTIFICATE ASTOC OPINION  AND CERTIFICATE AS TOINSURANCE  Iti is certified that:  (i) This Bond is one of the Bonds described ini the within-mentioned Ordinance; (ii) An original Opinion issued by Eckert Seamans Cherin & Mellott LLC, dated  and delivered on the date of the original delivery of, and payment for, such Bonds is on file at our  designated corporate trust office, where the same may bei inspected; and  (i)  has issued its municipal bond insurance  policy, as stated in the Statement of Insurance printed upon this Bond, a copy ofwhich policy is on  file at such designated corporate trust office where the: same may be inspected.  Manufacturers and Traders Trust Company,  as Paying Agent  By:  Authorized Representative  Date of Registration and Authentication:  EXHIBIT "B" Page 8 of10    (FORM OF ASSIGNMENT)  ASSIGNMENT  FOR VALUE RECEIVED,  the  undersigned, hereby sells, assigns and transfers unto  (the "Transferee")  (Name) (Address)  Social Security or Federal Employer Identification No.  the  within Bond and all rights thereunder and hereby irrevocably constitutes and appoints on the books kept for registration thereof with full power ofs substitution in the premises.  as attorney, to transfer the within Bond  Date:  NOTICE: No transfer will be made in the name oft the Transferee unless the signature(s) to this assignment correspond(s) with the name(s) appearing upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee is supplied. If the Transferee is a trust, the names and Social Security or Federal Employer Identification Numbers of the settlor and beneficiaries of the trust, the Federal Employer Identification Number and date of the trust and the name of the trustee  Signature Guaranteed:  NOTICE: Signature(s): must be guaranteed by an approved eligible guarantor institution, an institution that is a participant in a Securities Transfer Association recognized signature  guarantee program.  must be supplied.  EXHIBIT "B" Page 9 of10    STATEMENT OF INSURANCE  [TOI BEI PROVIDED BYI BOND INSURER]  EXHIBIT "B" Page 10of10    CERTIFICATE  I, the undersigned, Secretary of the Borough of] Hanover, York County, Pennsylvania (the "Borough"), certify that: the foregoing is a true and correct copy of an Ordinance that duly was enacted by affirmative vote ofar majority ofall members ofthe Council ofthel Borough ata ai meeting duly held on April 24, 2024; said Ordinance was duly examined and approved by the Mayor ofthe Borough on April 24, 2024; said Ordinance has been recorded in the minute book oft the Council oft the Borough; a notice with respect to the intent to enact said Ordinance has been published as required by law; said Ordinance was available for inspection by any interested citizen requesting the same in accordance with the requirements of the Local Government Unit Debt Act of the Commonwealth of Pennsylvania and such notice; and said Ordinance has not been amended,  altered, modified or repealed as of the date of this Certificate.  Ifurther certify that the Council met all requirements of the Sunshine Act, 65 Pa.C.S. Ch. Ifurther certify that: the total number of members of the Council of the Borough is ten (10); the vote ofi members oft the Council ofthe Borough upon said Ordinance was called and duly was recorded upon the minutes ofs said meeting; and members oft the Council oft the Borough voted  7, as amended, in connection with said meeting and the enactment oft the Ordinance.  upon said Ordinance in the following manner:  Brian Fuentes Tim Kress William W. Reichart II Scott Roland Greg Bubb Carol Greenholt Charles Hegberg Barbara Rupp Darlene Funk Edward Lookenbill  IN WITNESS WHEREOF, I set my hand and affix the official seal of the Borough, this  24th day of April, 2024.  (SEAL)  Secretary    Finance/Personnel 2. Pension Ordinance Amendment  BOROUGH OF] HANOVER ORDINANCE NO.2365  AN ORDINANCE OF THE BOROUGH OF HANOVER, YORK COUNTY, PENNSYLVANIA, AMENDING THE CODE OF ORDINANCES, CHAPTER 62, ARTICLEII ENTITLED BOROUGH OF HANOVER EMPLOYEES PENSION PLAN IN ORDER TO MODIFY THE: PENSION BENEFIT FORMULAFOR NON-UNION, NON-UNIFORMED EMPLOYEES WHO HAVE AN HOUR OF SERVICE ON OR AFTER JULY1,2024.  WHEREAS, the Borough of] Hanover previously established the Borough of Hanover WHEREAS, the Borough of Hanover desires to enact an amendment to thel Plan; NOWTHEREFORE, bei it ordained and enacted by the Borough of Hanover that the attached amendment of the Borough of] Hanover Employees Pension Plani is enacted. Margaret Lewis, Borough Manager as the agent of the Employer is authorized and directed to  Employees Pension Plan; and  execute the attached amendment of the Plan.  ENACTED AND ORDAINED this 24th day of April, 2024.  ATTEST:  BOROUGH OF HANOVER YORK COUNTY, PENNSYLVANIA  Secretary  William W. Reichart II, President  APPROVED this 24th day of April, 2024.  SueAnn Whitman, Mayor  533_H064    AMENDMENT #3 TO THE  BOROUGH OF HANOVER EMPLOYEES PENSION PLAN  As authorized by Section 9.2 of the Borough of Hanover Employees Pension Plan ("Plan") as amended and restated effective January 1. 2008, the employer, Borough of Hanover, hereby  amends the Plan in the following manner: FIRST: Pension Benefit Formula shall read as follows:  Section 3.2(c) is amended to modify the pension benefit formula for non-union, non-uniformed employees who have an hour of service on or after July 1, 2024. As amended. Section 3.2(c) (c) Pension Benefit Formula - Unless specifically stated otherwise hereunder, a participant's benefit shall be determined under the pension benefit formula in effect as of the date hei is credited with his final hour of service for the employer or the last date as of which he is a member Ther monthly benefit for a participant as of his normal retirement age shall equal:  oft the eligible class ofe employees, ife earlier.  1.50% of average monthly compensation multiplied by the years of benefit service Notwithstanding the above, for a participant with 30 or more years of vesting service, the Plan shall provide a monthly minimum benefit of 70% of average monthly compensation, less 100% of the amount of Social Security benefits the participant is eligible to receive at thel later oft the participant's normal retirement date or at age 621 based upon his compensation earned while a full-time non-uniformed employee of the Borough. Ift the participant's normal retirement date is prior to the participant's attainment of age 62, the amount of Social Security benefits included in the calculation of the minimum benefit payable at the participant's normal retirement date is the Notwithstanding: the above, for employees who are () non-union and non-uniformed employees, (i) hired on or after July 1, 2014 and (ii) who dor not have an hour of service on or after, July 1, 2024, the monthly benefit for such a participant as of his normal retirement age shall equal: 1.00% of average monthly compensation multiplied by the years of benefit service Notwithstanding: the above, for employees who have () an hour of service on or after July 1, 2024 and () less than 30 years of vesting service, the monthly benefit for such ap participant as of his 1.50% of average monthly compensation multiplied by the years of benefit service  credited to the nearest 1/2 year.  amount of Social Security benefits payable at age 62.  credited to the nearest 1/2 year.  normal retirement age shall equal:  credited to the nearest 1/2 year.  SECOND: Effective Date  This amendment is made effective as of July 1, 2024. THIRD: Remaining Plan Provisions  All other provisions of the Plan remain ini full force and effect.  Executed this 24th day of April, 2024 by the duly authorized agent of The Borough of  Hanover.  William W. Reichart, II, President  531L-08.003.02202024    Paaning Commission 1. Resolution for Cherry Tree V: Sewer Module & Plan approval  Department ofl Planning & Engineering (DPE) Hanover Borough, York County, PA An Equal Opportunity Borough  Memorandum  From: P.Eric Mains, PE  Director of Planning & Engineering  Re: Cherry Tree Court-F Preliminary Land Development Plan  Date: April 13, 2024 1. Summary:  The Dept. of Planning and Engineering (the Department"), in conjunction with a third-party engineering firm (Rettew), retained by the Borough to conduct the technical reviews, has been assisting in the review of a preliminary land development plan for the proposal of five (5) new multi- family apartment buildings, on 11.65 acres, consisting of 126 dwelling units, to be located on aj parcel  ofland at the terminal end of Cherry Tree Court. 2. Findings/Baekground Information:  The owner is intending to develop and improve the site into multiple apartment buildings, as noted above. Since the approval oft the Zoning Hearing Board application, the plan has been reviewed and refined, over the course of the last year, with the Planning Commission. While not all inclusive, principal concerns focused on the connection of Ash Drive (with concerns of directing traffic into a "secluded" neighborhood). There were also concerns about the stormwater management strategy (not being spread out), impacts to the rail trail (bisecting the parcel). and sinkholes (given recent topics of While no plan may ever satisfy everyone, the legal metric by which plans are reviewed is the Borough's Subdivision and Land Development and Zoning Ordinances. Ifthe plan complies to these ordinances, and any other applicable laws or regulatory programs (such as PA DEP), then it must be approved by law. At this time, there are still items being advanced for final approval, with the Developer seeking Preliminary Plan approval (subject to a number of conditions). Aj preliminary plan does not allow the developer to pull building permits. They would need Final Plan approval in order tol begin building construction. They are, per thel PAI Municipalities Planning Code (MPC), allowed to do site work, such as installation of infrastructure, at their own risk (since they would not have Given the number of "moving parts", the Department is seeking that a Developer's Agreement be drafted to articulate these topics, providing the Borough additional legal leverage to ensure they are completed. Fori instance, the agreement will stipulate when additional geotechnical investigation will be completed (prior to actual construction ofbuildings). The agreement will also outline the non-use of Ash during construction, to ensure no truck traffic is pushed onto Ash (until a proper gate can be constructed) or provide specific protections to the rail trail during construction. These are just three examples in what will be an in-depth agreement document, drafted by the Borough's Solicitor. At the April meeting of the Planning Commission, it was recommended that Council conditionally approve the land development plan (noting all the remaining comments as items to be made  sinkholes in nearby communities such as Cherry Tree 4).  Final Plan approval).  yet  conditions).  Department of Planning & Engineering Borough of Hanover 144F Frederick: Street, Hanover, PA 17331 717.637.38771 £717.637.2805  Page12    Department of Planning & Engineering (DPE) Hanover Borough, York County, PA An Equal Opportunity Borough  Finally, as a matter of plan processing, Council is mandated to act on a request for Sewage Facilities Planning (Planning Resolution). This is a document that PA DEP requires to be submitted anytime there is a proposal that either subdivides new lands or proposes to add additional (new) sewage flows toac community. Iti is meant to ensure that acceptable means of conveying and treating waste are being used. A resolution has been reviewed by staff, York County Planning, Penn Township and the Borough's! Planning Commission. With all those entities approving of the proposed sewage facilities, it will require separate action now to approve the resolution SO it can be sent to PA DEP (who will  review and approve the proposal). 3. Necessary Action:  Following the findings of the Planning Commission, iti is recommended that Council review the plan, address any questions or concerns they may have with the proposal and then take specific action on the Preliminary Land Development Plan to either deny it (if specific and citable sections in the Subdivision Ordinance have not been met), approve (wholly), or approve with conditions (referring to  the Plan Approval Resolution to document those specific conditions).  Department of Planning & Engineering Borough ofH Hanover 144 Frederick Street, Hanover, PA 17331 717.637.38771 :717.637.2805  Page2/2    3850-FM-BCW0356 Rev. 5/2016 pennsylvania CAMIPeMOFEMPONAEMAL PROTECTION  COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTALI PROTECTION BUREAU OF CLEAN WATER Resolution No. 1409 RESOLUTION FOR PLAN REVISION FOR NEW LAND DEVELOPMENT  DEP Code No. A3-67002-066-3  RESOLUTION OF THE SUPERVISORS) COMMISSIONERS) (COUNCILMEN) of! Hanover  (TOWNSHIP) (BOROUGH) (CITY), York  COUNTY, PENNSYLVANIA (hereinafter "the municipality").  WHEREAS Section 5 of the Act of January 24, 1966, P.L. 1535, No. 537, known as the Pennsylvania Act, as Amended, and the rules and Regulations oft the Pennsylvania Department of Environmental Protection (DEP) adopted thereunder, Chapter 71 of Title 25 of the Pennsylvania Code, require the municipality to adopt an Official Sewage Facilities Plan providing for sewage services adequate to prevent contamination of waters oft the Commonwealth and/or environmental health hazards from sewage wastes, and to revise said plan whenever it is necessary to determine whether a proposed method of sewage disposal for a new land development conforms to a comprehensive program of  Facilities  Sewage  pollution control and water quality management, and WHEREAS Royal Building, Inc. name ofs subdivision  has proposed the development of a parcel of land identified as  land developer  Cherry Tree  and described in the attached Sewage Facilities  Planning Module, and  proposes that such subdivision be served by: (check all that apply), D sewer tap-ins, K sewer extension, - new treatment facility, D individual onlot systems, D community onlot systems, spray irrigation, L retaining tanks, D  other, (please specify).  WHEREAS, Hanover Borough  finds that the subdivision described in the attached  municipality  Sewage Facilities Planning Module conforms to applicable sewage related zoning and other sewage related ordinances and plans, and to a comprehensive program of pollution control and water quality management. municipal NOW, THEREFORE, BE IT RESOLVED that the PMSRCASeENSS (Councilmen) of the (Township) "Official Sewage Facilities Plan" of the municipality the above referenced Sewage Facilities Planning Module which is  (Borough) (City) of Hanover attached hereto.  hereby adopt and submit to DEP for its approval as a revision to the  - Dorothy C.I Felix  Secretary,  HANOVER BOROUGH  (Signature)  mpPasseSPemews (Borough Council) GIy-COuReHmeR), hereby certify that the foregoing is at true copy of  the Township (Borough) (City) Resolution # 1409  adopted, April 24  20_24  Municipal Address: Borough of Hanover 44 Frederick St. Hanover, PA 17331 Telephone 717-637-3877  Seal of Governing Body    RESOLUTIONFORI PRELIMINARY) LANDI DEVELOPMENT PLAN APPROVAL  HANOVER) BOROUGH, YORK COUNTY,PA  RESOLUTION No. 1410  PRELIMINARYLAND: DEVELOPMENT! PLAN CHERRYTREE COURT-CHERRY TREE V  HANOVER,PA17331  Whereas al Preliminary Land Development Plan for Cherry Tree Court, Hanover, PA 17331, submitted on behalf of Royall Building, Inc.; by Gordon) L. Brown & Associates, Inc., requesting the review and approval oft the Preliminary Land Development Plan "Cherry Tree V" Cherry Whereas said application was reviewed byt the Hanover Borough Planning Commission on April Whereas the following reviews have been prepared for this aforementioned subdivision plan: . Borough Engineer, Preliminary/Final Subdivision Plan Review letters dated October 27, 2. York County Planning Commission Office, "Report tol Municipality of] Review ofL Land Now, therefore, bei it resolved, by the Borough Council of Hanover Borough, this 24th day of April, 2024, that said Application for Preliminary Land Development Plan approval is 1. Plans. Preliminary Land Development Plan, to develop Parcel #67-000-23-0186A): and construct al 126-unit Garden Apartment Court; prepared, and designed by Gordon L. Brown & Associates, Inc., subject to the diagrams, details, and general plan notes as more: fully depicted within the aforementioned land development plan set below: Sheet 1: Title Sheet, dated 09/23/2022 (last revised 03/18/2024)  Tree Court, Hanover, PAI 17331; and  3,2024 and received a recommendation for conditional approval; and  2022, December 13, 2022, and. April 2, 2024. Development. Application,"  letter dated October 27, 2022.  APPROVED WITH THE FOLLOWING CONDITIONS:  Preliminary Land Development Plan set:  Sheet 2: Sheet 3: Sheet 4: Sheet 5: Sheet 6: Sheet 7: Sheet 8: Sheet 9:  Notes Sheet, dated 09/23/2022 (last revised 03/18/2024) Existing Features Sheet, dated 09/23/2022 (last revised 03/18/2024) Plan Sheet, dated, 09/23/2022 (last revised 03/18/2024) Final Grading Sheet, dated 09/23/2022 (last revised 03/18/2024) Utility Sheet, dated 09/23/2022 (last revised 03/18/2024) Landscaping Sheet, dated 09/23/2022 (last revised 03/18/2024) Lighting Sheet, dated 09/23/2022 (last revised 03/18/2024) Drive 1c &5-1 Plan & Profile, dated 09/23/2022 (last revised 03/18/2024)  Sheet 10: Drive 2-F Plan & Profile, dated 09/23/2022 (last revised 03/18/2024) Sheet 11: Drive 3& 4- Plan & Profile, dated 09/23/2022 (ast revised 03/18/2024) Sheet 12-14: Off Street- - Plan & Profiles, dated 09/23/2022 (last revised 03/18/2024)  Sheet 15: Sheet 19: Sheet 21: Sheet 22:  Pump Station & Force Main Plan & Profile, dated 09/23/2022 (last revised Truck Turning & Sign Locations, dated 09/23/2022 (last revised 03/18/2024) Permanent Trolley Trail Restoration Sheet, dated 09/23/2022 (last revised Temporary Trolley Trail Restoration Sheet, dated 09/23/2022 (last revised  03/18/2024)  Sheet 16-18: Detail Sheets, dated 09/23/2022 (last revised 03/18/2024)  Sheet 20: Handicap Ramp Details & Location, dated 09/23/2022 (last revised  03/18/2024) 03/18/2024)    03/18/2024) 03/18/2024) 03/18/2024)  Sheet 23: Sheet 24:  Stormwater Management Sheet Exhibit "A", dated 09/23/2022 (last revised Operation &. Maintenance Sheet Exhibit "B", dated 09/23/2022 (last revised  Sheets 1-24 collectively referred to as the "Plan". approval is granted subject to the following conditions:  Conditions of] Preliminary) Land Development Plan Approval. The above Plan All professional endorsements and owner's certifications are to be executed on the b. A cost estimate, financial security, and a Financial Security Agreement shall be A"Developers. Agreement", tol be drafted by the Borough'sSolicitor, shall bee executed d. Sanitary sewer and water design shall be reviewed and approved by the appropriate Evidence ofa aj planning module approval, by PAI DEP, shall be provided. Evidence of approval from the York County Rail Trail Authority shall bej provided. Evidence of approval from the owner oft the utility right-of-way shall be provided for h. All other remaining comments, as outlined in the Engineer'si review report dated April Applicant shall accept these conditions of approval by returning a signed copy oft the Resolution, to the Hanover Borough Department of Planning & Engineering, within  Plan. (SALDO $ 320-28.E.3d-f).  provided at the time of thel Final Plan (S 320-7.A). by both the Borough and the Developer. authority engineer (S 350-31).  all impacts. 2,2024.  thirty (30) days of the mailing date of this decision.  A copy oft this Resolution mailed tot the Applicant on April 25, 2024, shall serve as the required  notice pursuant to 531 P.S. $10508(1).  Resolved and Approved this 24th day of April 2024, Borough of] Hanover Council: Borough Secretary ACCEPTANCEOF CONDITIONS:  Attest: By:  By:  Council President  I/We,  ast the Applicant/agent, and/or Iwe, Gordon L. Brown & Associates,  Inc., on behalf of Royal Building, Inc., 1601 Ram Drive, Hanover, PA 17331 in Hanover Borough, York County, do hereby acknowledge and accept the Preliminary Land Development Plan Approval issued by the Hanover Borough Council and accept the conditions contained  therein asi recited above. Owner Signature:  Owner Printed Name:  Witness:  Date:    Public Safety 1. Ordinance 2366 Vehicles & Traffic  NO.2366 ANORDINANCE  AN ORDINANCE AMENDING ORDINANCE NO. 685 ENTITLED, "AN ORDINANCE REGULATING TRAFFIC IN AND CERTAIN USES OF THE HIGHWAYS OF THE BOROUGH OF HANOVER, AS SET FORTH IN CHAPTER 346 OF THE CODE OF ORDINANCES OF THE BOROUGH OF BE IT ENACTED AND ORDAINED by the Council of the Borough of Hanover, York County, Pennsylvania, and it is hereby enacted and ordained by the authority of the same as SECTION 1: That Ordinance No. 685 entitled "An Ordinance Regulating Traffic In and SECTION: 2: That Section 346-1 Paragraph C of the Code of Ordinances of The Borough of Hanover entitled, "Streets and alleys in which parking is restricted. Parking is restricted in thej following streets and alleys int the manner hereinafter provided," shall bea amended toi include the followingi items:  HANOVER."  follows:  Certain Uses oft the Highways of Thel Borough of Hanover" isl hereby amended.  Name of Street Eagle Avenue  Side  Location Street  Both sides Southwardly froml East Middle Street to the unnamed alley  parallel with East Hanover St from] Eagle Ave tol McAllister  SECTION 3: That Section 346-14 Stop Intersections is hereby amended to include the  following stop intersection: Stop Sign on Fame Avenue Fame Avenue  Direction of Travel East West  AtIntersection of Moul Avenue Moul Avenue  SECTION 4: That Section 346-14 Stop Intersections isl hereby amended to remove the  following stop intersections: Stop Signon East Walnut Street East Walnut Street  Direction of Travel North North (nol longer exists)  AtI Intersection of Fame Avenue Moulstown Road  (current code incorrectly reads zest)  NOW, THEREFORE, BEI ITI ENACTED AND ORDAINED this 24th day of April, 2024 that  Chapter 3460 of the Code of Ordinances of Thel Borough of Hanoveri isl hereby amended.  ATTEST: Secretary  THEI BOROUGH OFI HANOVER Council (Vice) President  APPROVED this 24th day of April, 2024.  Mayor    Public Safety 2. Rental Registration & Inspection Ordinance advertisement  Borough of Hanover York County, PA An Equal Opportunity Borough Department of Code Enforcement (DCE)  PA  Memo  To: From: Date: Re:  Hanover Public Safety Committee  Christopher S. Miller, Chief Code Enforcement Officer Residential Rental Registration and Inspection Program  March 28, 2024  Please consider the following recommendation of the Department of Code Enforcement. Upon completion and review oft the Residential Rental Registration and Inspection Program survey the following action is being forwarded for review and action by the Council of the Borough of 1. The original written proposed ordinance modified with at few text changes to reflect the newly formed department of Code Enforcement shall be moved forward for approval of A. The registration program shall be implemented as written, effective July 1, 2024, including but not limited to property owners that live more than 40 miles from the Borough of Hanover limits will have to assign a property manager as required by ordinance. After Data collection and certification of residential rental units for a period of two years has been completed starting July 1st of 2026 the Rental unit inspection program will begin and be repeated in perpetuity or until such time that it has be B. An annual report of registrations and certification as well as the number of Inspections will be when applicable will be provided to, the Council oft the Borough of Hanover. h Rental Registration data will only be shared with the necessary public safety authorities.  Hanover.  council with the following stipulations.  repealed.  Borough of Hanover  44 Frederick Street t:717.637.3877 moeMamoeropgiPAgo,  Hanover, PA 17331 .717.637.2805 wwaanoueroougiPAgow    For reference Thel below timeline is from previous discussions and priort to the Survey! benchmark 11/23/2022 Council Meeting - Motion to approve rental registration ordinance (as drafted) died for lack 10/19/2022 Council Workshop- - Council approved advertisement of proposed ordinance with 09/28/22 Council Meeting- - Ordinance was intended to be ont the agenda, but Council requested 09/21/2022 Council Workshop- - Council approved advertisement of proposed ordinance with phased in 08/17/2022 Council Workshop - Council agreed to a proposed ordinance with phased ini inspections. 06/15/2022 Council Workshop - Council approved "Option C" for ordinance to include both registration 12/15/2021 Council Workshop - Council discussed Rental Property inspection program.  ofsecond to approve.  inspection delayed for 1 year (while units are registered)  additional revision(s) to draft. inspection program.  and unit inspections.  11/17/2021 Council Workshop - Council continued discussion of Rental Property Database as a primary 10/20/2021 Council Workshop - Council discussed progress on Rental Property Database. 05/19/2021 Council Workshop - Council asked Public Safety Committee tol begin concept rental  goal.  ordinance discussion.  08/19/2020 - Council Workshop discussion on modernized Rental Ordinance.  01/13/2020 - Public Safety Committee discussion on proposed residential rental fire inspections.    ORDINANCE NO. 2024-XX  AN ORDINANCE OF THE BOROUGH OF HANOVER, YORK COUNTY, PENNSYLVANIA, COMPREHENSIVELY AMENDING, SUPPLEMENTING REPLACING THE RENTAL PROPERTY ORDINANCE OF THE BOROUGH OF HANOVER, ORDINANCE NO. 1796 ENACTED THEREWITH WHEREAS, on December 19, 1984, the Borough Council of the Borough of Hanover enacted the Rental Property Ordinance oft the Borough of Hanover, Ordinance No. 1796; and WHEREAS, the Borough Council of the Borough of Hanover wishes to comprehensively amend, NOW THEREFORE, BE IT ENACTED, ADOPTED, AND ORDAINED by the Borough of Hanover, York County, Pennsylvania, by the Council of the Borough of Hanover, and it is hereby ENACTED,  supplement, and replace said Ordinance as set forth below.  ADOPTED, AND ORDAINED by the authority of the same as follows:  SECTION 1: REPLACE ARTICLE1 $278-1. Legislative findings.  Chapter 278. Residential Rental Unit Registrations and Inspections  A.  Whereas the Borough has determined that dwelling units not occupied by ther property owner are frequently maintained at a standard significantly less than owner-occupied dwelling units and that such failure to maintain those units can and frequently does result in dwelling units which are unsafe, unsanitary and, in many instances, not maintained tot the minimum standards required by the varioust fire! prevention, building, housing, property maintenance, electrical and plumbing codes in effect ini the Borough of Hanover from time to time, the Borough of Hanover finds it to be desirable and in the public interest to enact the following ordinance providing for the regular and systematic registration and inspection of these properties to insure their continued Inc considering the adoption oft this Chapter, the Borough makes the following findings: There is a growing concern in the community with the appearance and There is a perception and appearance of greater incidence of problems with the maintenance and upkeep of residential properties which are not owner- Violations of the various maintenance codes are generally less severe and more quickly corrected at owner-occupied units as compared to residential  compliance with applicable Borough codes.  B.  1. 2. 3.  physical condition of many residential rental units.  occupied as compared to those that are owner-occupied.  rental units.    $278-2. Short title.  This article shall now be known and may be cited as the "Borough of Hanover Residential Rental  Unit Registration and Inspection Ordinance."  $278-3. Standard to resolve inconsistent provisions of other ordinances.  Int the event any provision of this article is inconsistent with the provisions of any other Code in effect in the Borough of Hanover, the ordinance provision applying the stricter standard shall  apply.  $278-4. Definitions. clearly indicates otherwise: residential rental property.  As used int this article, the following words shall have thet followingmeanings, unless the context AGENT - Any person designated by the owner who has charge, care, or control of a  APPROVED = Acceptable tot the Code Official.  CODES  The Fire Prevention, Building, Property Maintenance, Electrical, Zoning,  Stormwater Management and Plumbing Codes, as adopted by the Borough from time to CODE OFFICIAL - The official who is charged with the administration and enforcement of  time, and any rules and regulations promulgated thereunder. this code, or any duly authorized representative. DCE- Department of Code Enforcement.  EXTERIOR AREA - The outside facade of a building, including but not limited to any porch, yard, lawn, landscaping, sidewalks, setbacks, curbs, and all open area contiguous to a building owned by the: same person or persons or part oft the same real estate parcel. MULTIFAMILY DWELLING - any dwelling, including apartment dwellings or parts thereof, OCCUPANT - Any person (including an owner or operator) living and sleeping in a dwelling OPERATOR - Any person having charge, care, management or control of any dwelling ora a part ofit, in which dwelling units, sleeping units, or rooming units are let. See also AGENT. OWNER - Any person, agent, operator, firm, corporation, partnership, association, property management group, or fiduciary having legal, equitable or other interest in any real property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian ofthe estate ofany such person and the executor or administrator ofs such person's estate. When used in this article in a clause proscribing any activity or imposing a penalty, the term, as applied to partnerships and associations, shall mean each partner, and as  containing three (3) or more dwelling units.  unit or rooming unit.  applied to corporations, the officers thereof.  2    OWNER OCCUPIED OR OCCUPIED BY OWNER - A dwelling unit that is the primary, permanent residence and domicile ofar natural person who is identified as the owner orc one of the owners on the deed for the property. In order for a dwelling unit to be considered owner occupied, the dwelling must be considered the domicile of the record owner or at least one of the record owners under Pennsylvania law, and the owner must physically reside in the dwelling not less than six (6) months each calendar year, and the owner cannot be registered to vote at any other address, and the owner must use the dwelling at the owner's address for payment oft taxes including, but not limited to, earned income taxes. PREMISES- A lot, plot or parcel ofl land including the buildings and structures thereon. PROPERTY MAINTENANCE CODE OFFICER "AKA CODE ENFORCEMENT OFFICER": - Refer to QUALIFIED RESIDENTIAL RENTAL UNIT = A residential rental unit which has met the inspection requirements oft this article and forv which the annual fee has been paid RESIDENTIAL RENTAL LICENSE = An annual license issued to the owner of a dwelling unit after having met the chapter's inspection requirements and satisfying the associated RESIDENTIAL RENTAL UNIT = (1) a dwelling unit let for rent, or (2) a rooming unit, or (3)a bed-and breakfast establishment, or (4) a short-term rental, or (5) an accessory dwelling unit, or (6) a dwelling unit that is not occupied. by the owner, isaresidential rental unit. Each individual townhouse dwelling, each individual apartment unit, each individual unit in a multi-family building, each individual bed-and-breakfast establishment, each individual rooming unit, and each individual short-term lodging accommodation shall be considered a residential rental unit whether the owner or a relative of the owner also resides in the structure. Ar residential rental unit includes dwelling units under lease-purchase agreements orl long-term (greater than six months) agreements for sale. A residential rental unit shall not include al hotel/motel as defined herein or a hospital room utilized for medical services. For the purposes of this ordinance, there shall be excluded from this definition those dwelling units subject to a periodic inspection by a state or federal agency at least once every two years applying a standard substantially the same as or more thorough than the SHORT-TERM RENTAL- Units must adhere to the Borough of Hanover Ordinance No. 2324, relating to Short-Term Rentals, and have a valid short-term rental license as issued by the SUPPLIED - Installed, furnished, or provided by the owner or operator at his expense. TENANT - A person, corporation, partnership, or group, whether or not the legal owner of  PERSON - An individual, firm, corporation, association, or partnership.  "Code Official"  remittance.  Borough codes referenced in the definition of' "codes" above.  Borough of Hanover.  record, occupying a building or portion thereof as a unit. YARD - An open space on the same lot with a structure.  3    $278-4. Procedure for Applying for Residential Rental License.  A. All owners of residential rental units shall submit an initial Residential Rental License Application to the Borough of Hanover Department of Code Enforcement, before boangoupmydladatlng unit. As separate residential rental license application shall be required for each residential rental property identifying each residential rental unit therein. Every residential rental license application shall be accompanied by a residential rental license application fee, as fixed in an amount determined by Borough Council set forth in the Resolution of Fee as adopted and amended from time Upon successful completion of all administrative and inspection requirements of this Chapter, the Department shall issue a residential rental license upon request of the owner or operator. Each subject rental unit shall physically display the rental license placard on the premises. Residential rental units which fail to meet the requirements of this Chapter shall not qualify for the issuance of a residential rental license unless the residential rental uniti is brought into compliance with this Chapter.Areinspection fee may be assessed by the Department of Code Enforcement and shall be remitted wherein an owner or operator seeks a second or subsequent inspection under any application for a residential rental license prior to the Department of Code Enforcement conductingsuchi reinspection. Thei inspection and reinspection fees shall be as assessed in an amount determined by Borough Council set forth in the  to time by Council.  B.  Resolution of fees. License Requirement.  :.  1. 2.  A license shall be required for all regulated rental units (unless otherwise covered under a separate licensing program adopted and operated by the The following categories or rental properties shall not require licenses and shall not, therefore, be subject to the permitting provision oft this Part. a. Owner-occupied dwelling units provided that not more than two unrelated individuals, in addition to the immediate members of the owner's family, occupy the dwelling unit at any given time.  Borough or other approved entity/agency.  b. Hotels and motels.  Hospitals and nursing homes.  d. Dwellings in which a bed and breakfast use is made.  e. Short Term Rental units, where such units are inspected as part of the Short-Term Rental registration and inspection program.  4    3.  A license shall not be required for multiple-unit dwellings, although a license shall be required for each regulated rental unit within the structure. Theforegoing notwithstanding, all other provisions of this Part The application for the license shall be in a form as determined by the Al license shall not be transferable. Any transfer of ownership inar regulated rental unit shall require that the new owner procure a new license for  shall apply to the common areas oft the structure.  4. 5.  Borough.  continued rental. Annual License Term and Fee.  D.  1. 2.  Each license shall have an annual term.  Upon application for a license and prior to issuance or renewal thereof, each applicant shall pay an annual license fee and an inspection fee, if an inspection is necessary, int the amount(s) to be established from time to time by resolution of the Borough Council, to either the Borough or, if the Borough sO designates, to the company which employs its duly authorized Code Enforcement Officer(s). Such resolution may provide for more than one fee scale for different categories of regulated rental units, to be more No license shall be issued if the owner has not paid any fines and costs resulting from enforcement of this Part or any of the ordinances of the Borough of Hanover relating to land use and/or code enforcement ori ifany licensing fees under this Part are due and owing the Borough.  specifically set forth in the resolution.  3.  $278-5. Inspection.  Effective two years from the effective date of this Ordinance, the provisions of this Except as provided following in this section, it shall be unlawful to occupy or rent to others for occupancy any residential rental unit which has not been currently inspected as provided by this article. The foregoing notwithstanding, during the initial phase-in periodofthei inspection program contemplated hereby, no property: shall be considered out of compliance with the inspection requirements of this article until after the initial property inspection hereunder. This notwithstanding, payment of the inspection fee shall be required if the property is to be rented for residential purposes. Except as provided. in Subsection D following, the requirements for periodic inspections shall be  Section 278-5 shall become effective.  as follows: A.  Each residential rental unit shall be inspected by the Property Maintenance Code Enforcement Officer or other designee of the Borough at least one time in every twenty-four-month period; and for such purpose and for any reinspection required hereunder, the owner shall provide access to Boroughrepreentatives. A unit where inspection access is denied may not be a qualified residential unit until inspection  access is provided.  5    B.  Where the occupancy of the rental unit changes, the owner shall provide the Borough with an updated renter information form no later than fifteen (15) days after the change in occupancy. No charge shall be assessed for the updated rental This inspection shall include both the exterior and interior of the premises being Upon submission of a new residential rental license application, or at such other times as provided for in this Ordinance, an Officer of the Department of Code Enforcement or an approved independent inspector shall perform an inspection of the residential rental unit to determine that the residential rental unit meets all of the requirements oft the Code of the Borough of Hanover, including, but not limited to, the International Property Maintenance Code, the Uniform Construction Code, the International Fire Code, the Hanover Borough Zoning Ordinance, the terms and conditions of this section, and any other applicable provisions of the Code of the For the purposes of enforcing this article, the Department of Code Enforcement or a designee of the Borough may seek to obtain a search warrant issued by a competent issuing authority in accordance with applicable legal standards for the purpose of compelling an inspection of a residential rental unit. The refusal to provide inspection access does not limit the Borough to the remedy that the unit is The foregoing notwithstanding, if the building containing the residential rental unit in question has received a certificate of occupancy for new construction under any other Borough code, the owner of said building shall not be required to schedule: an inspection of such new construction pursuant to this article until the expiration of 24 months from the date of the issuance of said certificate of occupancy. G. Ift the owner of a residential rental unit can present to the Department of Code Enforcement a certificate certifying that a particular residential rentalunit has been inspected by a federal or a state authority pursuant to a maintenance standard equivalent to or more strict than the International Property Maintenance Code or any successor thereto which from time to time is in effect in the Borough of Hanover, and pursuant to said inspection found to be in compliance, the owner of said building shall not be required to schedule an inspection under the terms oft this article until the expiration of 24 months from the date of the issuance of the state ort federal certificate of compliance. If, as a result of the state or federal inspection, deficiencies were determined, there shall be no waiver of the inspection requirements under this article unless the property owner can also provide to the Department of Code Enforcement a certificate evidencing resolution of the  record submission. inspected.  C. D.  Borough of Hanover or the laws oft the Commonwealth.  E.  determined not to be a qualified residential unit.  F.  deficiency sufficient to obtain a certificaté of compliance.  6    H. Independent inspectors.  1.  Any owner shall have the right to employ an independent inspector certified as a qualified inspector per Item H.2 below and as to any residential rental unit inspected and certified as being in compliance by said inspector, the owner of said building shall not be required to schedule an inspection under the terms of this article until the expiration of 24 months from the date ofthei ssuanceofthecertific.teofcompliance based Approved independent inspectors must provide sufficient written evidence to document: tathorough, current, and competent knowledge oft the Borough codes, as well as other relevant codes. The Borough reserves the sole right to determine the eligibility and appropriateness of an individual for the In this context, the Borough shall maintain a database list of inspectors whichitrecognizes as beingproperly certified toj perform inspectionsunder the International Property Maintenance Code and any independent When an inspection is performed by an independent inspector, a copy of the inspection report must be provided to the Borough Department of Code Enforcement within 48 hours of the date of inspection. Where violations or code deficiencies are noted in the independent inspector report, the independent inspector must provide a follow-up inspection to verify resolution of those deficiencies and must provide the Borough Department of Code Enforcement a copyo oftheir inspection report following the follow-up inspection to verify the status of corrections. The follow-up inspection must be prompt and within a reasonable time from the date of the original inspection. No inspection shall be recognized as having been completed under this section until a certificate of compliance is issued. The Borough reserves the right to remove from the list of qualified inspectors any inspector determined by the Borough not to be conducting inspections in accord with the standards established by the International Property Maintenance Code or who fails to conduct the required re- inspections on propertiesinwhichdeficienceshavebeennoted orwhofails to provide copies of all inspection reports in accord with the provisions of For any inspection pursuant to Subsections E and F above, the Borough reserves the right to inspect any premises to verify the quality of any independent or government agency inspection. No fee will be charged for this inspection, but appropriate fees may be charged for re-inspections if violations are found.  onsaid inspection.  2.  purposes of conducting rental unit inspections.  3.  inspector employed by an owner must be from said list.  4.  5.  this subsection.  .  7    J.  Noi inspection under this article shall be made of hotels or motels principally  providing overnight lodgingonly.  $278-6. Designation of Manager.  Every owner and who does not reside within York County, Pennsylvania, shall designate a manager who shall reside or who shall actively maintain an office within 40 miles of the corporate limits of the Borough of Hanover. If the owner is a corporation, a manager shall be required if an officer of the corporation does not reside in York County. If a corporate officer does reside in York County, said officer shall perform the same function as a manager. If the owneri is a partnership, a manager shall be required ifa partner does not reside in York County. Ifa partner does reside in York County, said partner shall perform the same function as a manager. The manager. shall be the agent of the owner for service of process and receiving of notices and demands, as well asf for performing the obligations oft the owner underi this part and under rental agreements with occupants. The identity, address and telephone number(s) ofa person who is designated as a manager hereunder shall be provided by owner or manager to the Department of Code Enforcement and such information shall be kept current and updated  asi it changes.  $278-7. Tenant Registration A. Lessor to File List of Tenants Annually.  Each landlord, lessor and sublessor of a residential rental unit ini the Borough of Hanover or the agent or operator for such landlord, lessor or sublessor shall file with the Borough of Hanover on or before. July 15 ofe each year on at form prescribed and supplied by the Borough Department of Code Enforcement, al list of all tenants or lessees as of July1 of each year. The form shall be designated as the "Tenant and Landlord Information Form." The Tenant and Landlord Information Form shall be prepared by or at the direction of the Borough Department of Code Enforcement and shall require the ownert to provide the names and the addresses of the owner, the responsible local agent, the address oft the applicable units, the namesand unit addresses of the tenants and/or occupants, the lease commencement and expiration date, a brief summary of the Borough ordinances relating to trash collection, permit parking areas, snow and ice removal, grass and weed control, and noise disturbances and such additional information as the Department of Code Enforcement may require for purposes of the implementation, administration and enforcement oft this chapter.  B. Addition of Names to List.  The said list shall be supplemented within fifteen (15) days oft the arrival of tenants or lessees not previously reported or of the departure of lessees or tenants previously reported.  8    $278-8. Notice of code violation.  Ift the inspection of a residential rental unit discloses code deficiencies, the Borough Department of Code Enforcement, or the independent inspector, shall issue a notice of violation. The notice ofcode violation shall set forth thei following: A. The street address or appropriate description oft the subject property;  B. The date oft the inspection; C. The identity oft the inspector; D. Al list of the code deficiencies;  E. An Appeals Form (for the owner's use should they dispute the cited conditions); F. The number of days in which the owner and/or occupant is to accomplish repairs G. Notice that, if the conditions are not repaired or the premises are not otherwise brought into compliance with the applicable code within the time specified, the tenant and/ort the owner may be prosecuted: and/ortheresidential rental unit may be placarded as unfit for human occupancy in accordance with the Borough Property Maintenance Code. Only the Borough shall have authority to institute  and/or otherwise eliminate the code deficiencies; and  prosecution proceedings under the terms oft this article.  $278-9. Reinspection.  A.  Upon the expiration of the time specified to accomplish repairs or otherwise bring the premises into code compliance, or upon notice to the Borough from the owner that the repairs have been accomplished or code deficiencies otherwise eliminated, whichever occurs first, the Department of Code Enforcement or other Borough designee, or independent inspector, as the case may be, shall reinspect thesubject In the event such reinspection discloses that the owner accomplished the repairs, orthe code deficiencies have otherwise been eliminated, the Borough Department of Code Enforcement shall note the citation to be closed. Where the reinspection has been completed by an independent inspector, the close out oft the citation may only occur after the proper Borough official has been provided a report of the reinspection indicating that all deficiencies have been resolved and such report is received by the Borough within two working days of the date of the reinspection. Int the event such reinspection discloses that the ownerfailed to accomplish the repairs or otherwise eliminate the code deficiencies, the Department of Code Enforcement may pursue prosecution as otherwise provided ini the  residential rental unit.  B.  1.  Borough PropertyN Maintenance Code.  9    $278-10. Inspection Fees.  A.  Borough Council, by resolution, shall establish the inspection fee annually, and invoices shall be mailed to owners of each rental unit before September 30 of each year that an inspection is due. Invoices are due upon receipt and must be paid prior tol December 31 of each year. The foregoing notwithstanding, in times of community emergency, the Council may, by resolution, extend the due date for payment to al later date. In the event of any such change, rental property owners will be notified. Int the event violations of any of the codes referenced int this article are found during the initial inspection of the premises, fees will be assessed according to the Fee Schedule Resolution for each reinspection of the premises for matters relating to the violations found during the initial inspection. Where the violation notice issued specifies times for resolving noted Property Maintenance Code violations, it should be anticipated that an additional inspection will be required for each time frame established in the notice. The foregoing notwithstanding, if the initial program inspection of the premises discloses five or more Property Maintenance Code violations, a fee will be assessable by the Borough for the administration and enforcement undertaken pursuant to this article and the Code as shall be  B.  established by the Borough by resolution from time to time.  $278-11. Owner'sDuties.  General. A.  Itshall be the duty of every owner to keep and maintain all regulated rental units in compliance with the applicable codes and provisions of all other applicable State laws and regulations and local ordinances and to keep such property in good and As provided for in this part, to the maximum extent practicable, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she ori it owns. As provided fori in the part, every owner shall also be responsible for regulating the conduct and activities of the occupants of every regulated rentalunit which he, she or it owns in the Borough, which conduct, or To achieve those ends, every owner of a regulated rental unit shall regulate the conduct and activity of the occupants thereof, both contractually and though  safe condition.  B.  activity takes place at such regulated rental unit or its premises..  enforcement, as more fully set forth below.  10    D.  This Section shall not be construed as diminishing or relieving, in any way, the responsibility oft the occupants or their guests for their conduct or activity; nor shall it be construed as an assignment, transfer or projection over or onto any owner of any responsibility or liability which occupants or guests may have as a result of their conduct or activity under any private cause of action, civil or criminal enforcement proceeding or criminal law; nor shall this section be construed sO as to require an owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity. Nothing herein is intended to impose any additional civil/criminal liability This part is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough against an owner, occupant, or  upon an owner other than that which isi imposed by existing law.  E.  guest thereof.  $278-12. Duties of Occupant(s).  General.  A. The occupant(s) shall comply with all obligations imposed upon the occupant(s) by this Part, all applicable codes and ordinances of the Borough and allapplicable  provisions of State law. Health and Safety Regulations.  B.  1.  The maximum number of persons permitted in any regulated rental unit at anyti time shall not exceed one person for each! SOsquarefetofhabitabie floor space in said regulated rental unit. The maximum number of persons permitted int the common areas ofa any multiple unit dwelling at any time shall not exceed one person for each 15 square feet of common areas on the In tandem with obligations as set forth in the International Property Maintenance Code, the occupant(s) shall dispose from their regulated rental unit all rubbish, garbage and other waste in a covered trash container, and separate and place for collection all recyclable materials, in compliance with the recycling plan submitted by the owner to the Borough under its Solid Waste and Recycling Ordinance or, if there is no recycling plan for the premises, then in compliancewith the Borough's Solid Waste and Recycling Ordinance and all other applicable ordinances, laws and regulations.  premises.  2.  11    3.  Peaceful Enjoyment. The occupant(s) shall conduct themselves and require other person(s) including, but not limited to, guests on the premises and within his or herregulated rental unit with his or her consent, to conduct themselves in a manner thatwill not disturb the peaceful enjoyment of adjacent or nearby dwellings by the person(s) occupying the same. Failure to do sO may also subject occupants, guests, and other permitted persons at the unit to citation(s) under the Hanover Borough Noise Ordinance (as most Residential Use. The occupant(s) shall, unless otherwise permitted by applicable law or ordinance, occupy, or use their regulated rental unit forr no Illegal Activities. The occupant(s) shall not engage in, nor tolerate, nor permit others on the premises to engage in any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A. S 101, et seq.) or Liquor Code (47P.S. $1-101 et seq.), or the Controlled Substance, Drug, Devise and Cosmetic Act  recently revised).  4. 5.  other purpose thanas a residence.  (35P P.S. $780-101 et seq.  $278-13. Nonliability of Borough.  The issuance of a certificate of compliance is not a representation by the Borough that the residential rental unit inspected and/or the building in which it is located does not contain any violation of any of1 the codes referenced in the definition of "CODES" above. Rather, the issuance of a certificate of compliance represents that on the date of issuance inspection, no material violation of any of said codes was noted byt thei inspector. Neither the enactment of this article nor the issuance of a certificate of compliance is a guarantee to any person that no code violations exist in the premises inspected, nor shall there bei imposed any liability upon the Borough for any errors or omissions which resulted in the issuance of such certificate, nor  shall the Borough bear any liability not otherwise imposed by law.  $278-14. Appeals.  The owner of a residential rental unit or a tenant of said unit if a tenant has been cited who is aggrieved by a decision of the Code Enforcement Officer or other Borough designee may, within 30 days of the date of receipt of the Notice of Violation or the time fixed for repair, whichever is shorter, appeal the decision in accord with applicable  provisions oft the Borough of Hanover Property Maintenance Code.  $278-15. Codes violations.  Nothing in this article shall preclude or prohibit the Code Enforcement Officer or other Borough designee from identifying any code violations or inspecting any property according to the terms of any of the referenced codes at any time, whether or not the particular premises are scheduled for periodic inspection under the terms of this article.  12    $278-16. Violations and penalties.  A.  The failure of any owner to effect corrections as provided in this article shall be considered a violation of the Code of the Borough of Hanover, including, but not limited to, the International Property Maintenance Code, the Uniform Construction Code, the International Fire Code, the Zoning Ordinance oft the Borough of Hanover, as applicable, and any other applicable provisions of the Code of the Borough of Hanover or the laws of the Commonwealth and the procedures and penalties The failure of any owner to schedule an inspection or reinspection as provide ini this article shall result in the issuance of a notice to the owner of the property is not a qualified residential rental unit, in which eventi it shalll be unlawful for any person to occupy or to rent to others for occupancy the premises in question until the unit becomes a qualified residential rental unit after inspection and compliance with the Rental of a unit that is not a qualified residential rental unit is a violation of this Ordinance and: shall subject the Owner to enforcement in1 the same manner as provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, who shall, upon conviction, be liable to pay a fine not to exceed $1,000.00 plus court costs and the Borough's reasonable attorney fees incurred in the enforcement proceedings. The Municipal Solicitor may assume charge of the prosecution without the consent oft the district attorney as required under Pa.R.Crim P. No. 454. Each day that a violation continues after due notice has been served shall be  prescribed therein shall be applicable.  B.  Notice of Violation  C.  deemed a separate offense.  D. Inadditioni to the enforcement proceedings set forth above, the Borough may enforce this Ordinance in equity in the Court of Common Pleas of York County, Pennsylvania.  SECTION 2: REPEALER  All provisions of the Rental Property Ordinance oft the Borough of Hanover are hereby revised and amended, as necessary and appropriate, in order to insure and confirm consistency thereof with the provisions of the present Ordinance. Any Ordinance or Resolution, or any portion of any Ordinance or Resolution, of the Borough of Hanover, which is inconsistent with the contents of the present Ordinance shall be, and the same is hereby, repealed insofar as the same is affected by ori inconsistent with the provisions of the present Ordinance.  SECTION 3: SEVERABILITY  Ifany section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed to be a separate, distinct, and independent provision, and such holding shall  not affect the validity of the remaining portions of the present Ordinance.  SECTION 4: EFFECTIVE DATE  This Ordinance shall take effect and be in full force and effect in accordance with Section  13    3301.3 (b) of the Borough Code. ENACTED AND ORDAINED this  day of  2024.  ATTEST:  BOROUGH COUNCIL OF THE BOROUGH OF HANOVER  By:  Secretary  William W. Reichart, II, Council President  APPROVED this  day of  2024.  SueAnn Whitman, Mayor  14    Water Resources 1. KC Construction Settlement Agreement  SETTLEMENT AGREEMENT AND RELEASE  This Settlement Agreement and Release (the "Agreement") is made and entered into by and between KC Construction Co., a Pennsylvania corporation with a mailing address of 1737 Stout Drive, Ivyland, Pennsylvania 18974 ("KC Construction"), and the Borough ofHanover, a Pennsylvania municipality organized and existing under the laws of the Commonwealth of Pennsylvania and having an address of 44 Frederick Street, Hanover, Pennsylvania 17331 (the "Borough"), each of which is referred tol herein as a "Party," and collectively as the "Parties".  RECITALS  WHEREAS, on or about April 28, 2021, KC Construction as Contractor entered into a written contract with the Borough as Owner (the "Contract") to complete all Work required under the Contract for a project known as the Sheppard-Myers Dam Rehabilitation Project (the  "Project"); and  WHEREAS, a dispute arose regarding KC Construction's request for an increase of the Contract price for the Borough to pay KC Construction for increased costs, or escalation costs, that KC Construction claims it incurred for offroad diesel, sand, gate valve, sluice gates, and concrete ini relation to. work performed under the Contract (the Escalation Costs"); and  WHEREAS, KC Construction initiated an arbitration proceeding against the Borough before the American Arbitration Association and assigned Case 01-23-0004-8659 and in which KC Construction sought to recover from the Borough thel Escalation Costs and attorney's fees and  interest (the "AAA Action"); and  WHEREAS, during negotiations of the AAA. Action, KC Construction raised the issue of WHEREAS, the Borough determined that the Borough is holding $46,000 of retainage under the Contract and that none of the retainage being held under the Contract is related to the  payment ofretainage under the Contract; and  Escalation Costs or AAA Action; and  WHEREAS, the Borough determined that it could release $5,000.00 of retainage to KC Construction for completing submittal of as-built drawings under the Contract (the "As-Built Drawings Retainage") but it could not release the balance of the retainage being held under the Contract (the "Remainder Retainage") because the Remainder Retainage is being held for  incomplete items; and  WHEREAS, the Parties have agreed to resolve the Escalation Costs and AAA Action by WHEREAS, the Parties are also executing Change Order No. 9 under the Contract to increase the Contract. price for the Escalation Costs in the amount of $71,000.00 (the "Change  payment by the Borough to KC Construction in the amount of$71,000.00; and  Order No. 9");a and has been settled; and  WHEREAS, the American Arbitration. Association has been notified that the AAA. Action  1    WHEREAS, the Parties now wish, in accordance with the terms of this Agreement, to memorialize their settlement in a definitive settlement agreement and tos settle fully and finally any and all disputes, claims, demands, and causes of action between them related to the Escalation Costs, the AAA Action, and the As-Built Drawings Retainage by entering into this Settlement  Agreement and Release.  NOW, THEREFORE, intending to be legally bound hereby, and in consideration of the mutual promises, covenants, conditions, and terms contained herein, and for good and valuable consideration given, thes sufficiency of which is hereby acknowledged, the Parties agree as follows:  AGREEMENTS  1. 2.  Recitals. The Recitals provided above are incorporated by reference herein and  made part oft this Agreement.  Payment for Escalation Costs and AAA Action.  In exchange for the releases, covenants, and agreements contained in this Agreement, within seven (7) days after this Agreement and Change Order No. 9 are executed by all Parties, the Borough shall pay to KC Construction a one-time lump sum payment of$71,000.00. Payment pursuant to this Paragraph! 2 shalll be made by check made payable to "KC Construction Company" and the check shall be delivered or sent to Paul A. Bucco, Esquire, 101 E. Sixth Avenue, Suite 100,  Conshohocken, PA 19428.  3.  Payment for As-Built Drawings Retainage.  In exchange for the releases, covenants, and agreements contained in this Agreement, within seven (7) days after this Agreement and Change Order No. 9 are executed by all Parties, the Borough shall release and pay to KC Construction a one-time lump sum of$5,000 ofretainage under the Contract for the As-Built Drawings Retainage. Payment pursuant to this Paragraph 3 shall be made by separate check from payment made pursuant to. Paragraph 2 above, made payable to "KCConstruction Company" and the check shall be delivered or sent tol Paul A. Bucco, Esquire,  101 E. Sixth Avenue, Suite 100, Conshohocken, PA 19428.  4.  Remainder Retainage processed under the terms of the Contract.  Ine exchange for the promises set forth in this Agreement, KC Construction agrees that the  Remainder Retainage shall be processed under the terms oft the Contract.  5.  Release by KCofallClaims. Related tol Escalation Costs, AAA Action, and As-  Built Drawings Retainage. In exchange for the promises set forth in this Agreement, KC Construction and its predecessors, successors, subsidiaries, agents, assigns, employees, officers, directors, shareholders, consultants, attorneys and affiliates (hereinafter referred to collectively as "KC Construction"), forever discharge and release all claims against the Borough and any ofi its former or present partners, agents, officials, administrators, employees, representatives, attorneys, insurers, successors, shareholders, and assigns (hereinafter collectively referred to as the "Borough"), and waives all rights that presently exist or hereafter may accrue to assert a claim against the Borough relating to or arising out of the Escalation Costs, the AAA Action, and the  2    As-Built Drawings Retainage and do hereby release and forever discharge the Borough from and all claims, causes of action, suits, liabilities, debts, damages, controversies, agreements, any trespasses, judgments, executions, demands and claims of any nature whatsoever, whether in law or in equity, whether known or unknown, whether matured or unmatured, discovered or undiscovered, which KC Construction had or could have had against the Borough relating to or arising out oft the Escalation Costs, the AAA. Action, and the. As-Built Drawings Retainage. compromise of disputed claims, and that nothing contained herein shall be construed as an admission ofl liability by the parties, any and all liability being expressly denied.  6.  No Admission of Liability. The Parties agree that this Agreement is made in  7. hereof. 8.  Headings. The Parties agree that the headings in this Agreement are provided  strictly for the convenience ofthe Parties and shall not be deemed to alter, limit, or add to the terms  Counterparts. The Parties agree that this Agreement may be executed in  counterparts, and that any copy hereofconsisting ofther numerous signature pages shall be deemed ai full and valid copy ofthe Agreement. In addition, any. -pdfcopy executed by the parties shall be  treated as an original thereof.  9.  Entire Agreement. This Agreement is the total agreement of the Parties with  respect to the settlement and resolution of the dispute subject to this Agreement. There are no 10. No Waiver. The failure by any party hereto to assert rights in the event of breach of any provision of this Agreement shall not, in the absence of the requisite waiver, any constitute or operate as a waiver of such provision at the time or at any future time.  other terms of settlement other than those set forth herein.  11. Governing Law. This Agreement shall be interpreted and governed in accordance with the laws of the Commonwealth of Pennsylvania. The Parties agree that any disputes arising out of or pertaining to this Agreement shall be submitted to and determined in the York County,  Pennsylvania Court of Common Pleas.  12. Successors and Assigns. This. Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, legal representatives, successors and assigns. 13. Attorneys' Fees. Each Party hereto shall bear his, her, or its own attorneys' fees 14. Assignment. None of the Parties hereto shall assign this Agreement without first obtaining the written consent of the other party; provided, however, that this provision shall not prohibit any assignment by aj party hereto made by merger, consolidation or operation of law or to aj person or entity who succeeds to all or substantially all of such party's assets.  and costs.  15. Amendments. No term or provision of this Agreement may be varied, changed, modified, waived, discharged, or terminated orally, unless accomplished by an instrument in writing signed by the party against whom the enforcement ofthe variation, change, or1 modification  is sought.  3    16. No Third Party Beneficiaries. This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit oft the Parties, their successors and, where permitted, their assigns. 17. Not Evidentiary. Except by the Parties to enforce the terms oft this Agreement, no part of this Agreement may be used in any litigation or proceeding as evidence of the: respective  rights, duties, or obligations ofthe Parties.  18. Construction. Each of the Parties has participated in the drafting of this Agreement after consulting with counsel. Therefore, the language oft this Agreement shall not be  construed in favor or against either oft the Parties.  19. Severability. If any terms or provisions or portions of this Agreement or application thereof to any person or circumstance be held invalid, the remainder of said term or provision and/or this Agreement shall not be affected thereby; and, to this end, the Parties hereto agree that the terms and provisions of this Agreement are severable. Any provision of this Agreement prohibited by law or by a court decree in any locality or state shall be ineffective only to the extent of such prohibition without in any way invalidating or affecting the remaining provisions oft this Agreement within states and localities where not prohibited by law or decree. 20. Advice of Counsel. The Parties certify, state, declare, and acknowledge that they have had their own legal representation throughout these proceedings and have been advised by their attorneys and/or their attorney's firm in all matters pertaining hereto and admit that no representation of fact or opinion have been made by thel Parties or anyone acting on their behalft to induce this compromise and/or release that is not included in this Agreement. The signatories below also hereby declare that they havel been duly authorized to execute this Agreement on behalf  oft their representative entity and such entity shall be legally bound thereby.  21. Effective Date. The Effective Date of this Agreement shall be the date this  Agreement is fully executed by all Parties.  [Intentionally Blank -S Signatures on Following Pagel  4    INV WITNESS WHEREOF, and intending to be legally bound, each oft the Parties hereto  has caused this Agreement to be executed as oft the date(s) set forth below.  Witness:  KC CONSTRUCTION CO. By: Gino Yannuzzelli Vice President Dated:  Dated:  Attest:  BOROUGH OF HANOVER William W. Reichart, II Borough Council President  Dated:  Dated:  5    Sheppard - Myers Dam Renovation Project Summary Outline of Payment Request/Settement/  Retainage 4/12/2024 Completed Item(s) Settlement-  Notes  As-Built Record Plans (release as previously held).  $5,000.00 Provided in the orginallyapproved Contract  $71,000.00 Change OrderNo. 9/9ettementAgreementdocument. this amount  Total Amount to be Paid (at this time) Remaining Items (to be completed): Punch List Process Camtol-Compma/catbne Site Stabilization NPDES Closeout Total Retainage to be held (Item Totalx2)  $76,000.00  $500.00 Provided in the orginallyapproved. Contract $20,000.00 Provided in the orginalyapproved: Contract  $41,000.00    GANNETT FLEMING  CHANGE ORDER March 26, 2024  Change Order Contract No. Owner:  9 One Borough of Hanover 44 Frederick: Street 1737 Stout Drive  Project No.  62968  Date:  Project Description: Sheppard-Myers Dam Rehabilitation  Hanover, PA 17331 Ivyland, PA: 18974  Contractor: KC Construction Company  You are to hereby comply with the following changes from the contract documents:  Item No.  Description of Changes - Quantities, Units, Unit Prices, Changesi in Completions Schedule, etc, All labor, materials, tools, and equipment including overhead and Settlement of cost escalations for various items as more 1. specifically detailed in the settlement agreement executed by the $  Decrease In  Increase In  Contract Price Contract Price  profit for the following: Borough and KC Construction Total Increase Total Decrease Net Change In Contract Value Original Contract Value. Net change by previous Change Orders.. The Contract Value prior tot tot this Change Order.. Net change this Change Order...  $ 71,000.00 $ 71,000.00  $  $71,000.00 $10,846,975.00 ($362,810.67) $10,484,164.33 $71,000.00 $10,555,164.33 Calendar Days  The revised Contract Value, including this Change Order willl be.. The time provided for completion in the contracti is unchanged.  0  Necessity for Change:  1. KCr requested to be paid some escalation costs on various items that they experienced higher costs on  during the pandemic time period of the project.  Accepted by Contractor:  Date: 03/27/2024  PLL CCOANSTRUCTOFCOWPANI Gino Yannzzelli,' Vice President GANNETTF F/MING, INC. BOROUGH OF HANOVER  Recommended by Engineer: Cins Saydis  Date:_ 3/27/2024  Approved by Owner:  Date:  Rev.1 09-2007  Pageiof2    GANNETT FLEMING  Date:  April 4, 2024 Sheet 1of6  Sheppard-Myers Dam Rehabilitation CONTRACT ONE - GENERAL CONSTRUCTION  Borough of Hanover PROJECT NO. 62968  Estimate No. Original Bid Proposal  26  Work performed upi to andi including:  March 29, 2024 10,846,975.00 10,555,164.33 $ 11,482,846.33 $ (927,682.00) $ 10,555,164.33 $ 10,484,164.33 $ 71,000.00 $ 41,000.00 $ 10,514,164.33 $ 10,514,164.33 $ 10,438,164.33 $ 76,000.00  Total Estimated Contract Price Based on All Amendments to Date Value of Work Completed to Date Under Original Contract Value of Work Completed to Date Under Change Orders Total Value of Work Complete to Date Less Value of Work Completed Previous Estimate Value of Work Completed This Estimate Amount to be Retained: From Attached Punch List Value of Work to Date Less Amount to be Retained Allowance for Stored Material and Equipment Total Value to Date Less Retainage Less Amount Previously Certified for Payment Amount to be Paid to the Contractor Under This Estimate  The above is the Partial Payment Estimate of the value of materials furnished and work performed to date by the Contractor, KC Construction Co., 1737 Stout Drive, Ivyland, PA 18974 for the Contract dated April 28, 2021 for the  Borough of Hanover, and the sum of:  SEVENTY SIX THOUSAND DOLLARS AND: ZERO CENTS  $  76,000.00  is payablet to said Contractor as a payment of said Contract under this Estimate.  Recommended: Saylia  Date: Wlig/2084  Bys signing below, and accepting this partial pay estimate, Contractor certifies that to the best of its knowledge, information and belief the Work covered byt this partial payment estimate has been conducted: in accordance with the Contract Documents; that all amounts have beeni paid by the Contractor to its subcontractors, suppliers, and/or materialmen for Work for which all other partial payment estimates were  issued and payments received from the Owner; and that current payment showni is now due. Bys signing below, and as and official representative, the Contractor further certified that:  LABORS STANDARDS COMPLIANCE:  E AII Labor Standards requirements have been fulfilled by the Contractor: and alli its Subcontractors under this contract; or Therei is an! honest dispute regarding thei requirement provisions; documentation: regarding the dispute has been  submitted tot the Engineer and Owner.  Accepted:  Lz KÇCONSTRUCTIONG CO. Gino Yannuzzeili, VP BOROUGH OF HANOVER  Date: 04/07/2024  Approved:  Date:  Rev.2 04-2015    GANNETT FLEMING  BID ITEM SUMMARY  Sheet2 2of6 Estimate No. 26 Project No. 62968 Item No.  Project: Sheppard-Myers Dam Rehabilitation Owner: Borough of Hanover Contractor: KC Construction Co. WORK PERFORMED THIS PERIOD  Description  Estimated Unit Unit Price PREVIOUS  TOTALTOI DATE Value 100.00% $ 285,000.00 100.00% $ 200,000.00 100.00% $ 75,000.00 100.00% $ 500,000.00 100.00% $ 200,000.00 100.00% $ 165,000.00 5.40 $ 50,000.00 1,100.30 $ 115,531.50 100.00% $ 96,000.00  Quantity  PERIOD Quantity Quantity  Value Quantity  Mobilization and Demobilzation General Bonds and Insurance Field Office Diversion and Care of Water Erosion and Sediment Control Dewatering and Temporary Dam Instrumentation Diversion of Water 3 Clearing and Grubbing  1a 1b 1c 2a 2b 2c  1 1 1  LS $ 285,000.00 100.00% 0.00% $ LS $ 200,000.00 100.00% 0.00% $ LS $ 75,000.00 100.00% 0.00% $ 1.0 LS $ 500,000.00 100.00% 0.00% $ 1.0 LS $ 200,000.00 100.00% 0.00% $ 1.0 LS $ 165,000.00 100.00% 0.00% $ 5.40 Acre $ 9,259.26 5.40 1,100.0 CY $ 105.00 1100.30  0.00 $ 0.00 $  Demolition and Removal of Structures Removal of Concrete and Masonry Demolition, Salvage and/or Disposal of Associated Components Excavation 5a Stripping 5b Common Excavation 5c Rock Excavation Foundation Preparation 6a Hard Foundation Surface Preparation 6b Dental Concrete 6c Foundation Grout Spillway Grout Curtain MolatomDemonttaton of Grouting 7a Fauinment 7b DrillSetups 7c Exploratory Drilling 7d Production Drilling Rev.0 04-2015  4a 4b  Fittings, Pipe Railings, Gates, Valves, and 1.0 LS $ 96,000.00 100.00% 0.00% $  6,500.0 CY $ 30,300.0 CY $ 27,600.0 CY $ 3,200.0 SY $  4.75 4,919.30 0.00 $ 5.00 39,644.41 0.00 $ 30.00 31,338.86 0.00 $ 12.50 3,194.24 0.00 $  4,919.30 $ 39,644.41 $ 198,222.05 31,338.86 $ 940,165.80 3,194.24 $ 39,928.00 706.50 $ 339,120.00 26.25 $ 6,300.00 100.00% $ 160,000.00 80.00 $ 24,640.00 430.00 $ 33,540.00 3,630.00 $ 206,910.00  23,366.68  130.0 CY $ 480.00 706.50 20.0 CF $ 240.00 26.25  0.00 $ 0.00 $  1.0 LS $ 160,000.00 100.00% 0.00% $ 80 EA $ 308.00 80.00 430.0 LF $ 3,630.0 LF $  0.00 $ 0.00 $  78.00 430.00 57.00 3,630.00 0.00 $  Rev.0 04-2015    GANNETT FLEMING  BID ITEM SUMMARY  Sheet 3 of6 Estimate No. 26 Project No. 62968 Item No. 7e Washing 7f Pressure Testing 7g Connections to Grout Holes 7h Placing Grout 7i Portland Cement in Grout 7j Pozzolan in Grout 7k Bentonite in Grout 71 Viscosity Modifier in Grout 7m Superplasticizer in Grout 7n Grouting Instrumentation System Fill 8a Approved Fill 8b Impervious Fill 8c Fine Drain Fill 8d Coarse Drain Fill 8e Topsoil 8f Random Fill (Spoil) 8g Rock Fill Drain Pipe and Fittings 9a Solid Drain Pipe and Fittings 9b Slotted Drain Pipe and Fittings Riprap and Rock Lining 10a Riprap and Rock Lining 10b Bedding Material 11 Geotextile Conventional Concrete 12a Structural Slab and Footing Concrete 12b Structural Wall Concrete 12c Backfill Concrete Rev.0 04-2015  Project: Sheppard-Myers Dam Rehabilitation Owner: Borough of Hanover Contractor: KC Construction Co. WORK PERFORMED THIS PERIOD 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $  Description  Estimated Unit Unit Price PREVIOUS  TOTALT TO DATE Value 30.00 380.00 $ $ 21,450.00 380.00 $ 58,900.00 200.00 $ 138,700.00 182,000.00 45.00 $ 14,580.00 10.00 $ 3,760.00 1.00 $ 650.00 100.00 $ 1,700.00 190.00 $ 3,800.00 100.00% $ 37,000.00 18,844.42 $ 179,021.99 2,666.28 69,323.28 $ 4,961.01 $ 570,516.15 889.44 72,044.64 $ 4,919.30 $ 44,273.70 16,778.60 $ 100,671.60 31,967.72 $ 103,895.09 170.00 $ 20,400.00 1,020.00 $ 40,800.00 720.26 $ 109,479.52 78.91 $ 4,261.14 7,923.24 $ 39,616.20 3,032.00 $ 1,470,520.00 1,203.00 $ 1,233,075.00 0.00 $  Quantity  PERIOD Quantity Quantity  Value Quantity  30.0 HR $ 715.00 30.00 380 EA $ 155.00 380.00 380 EA $ 365.00 380.00 200.0 HR $ 910.00 200.00 45.0 Ton $ 324.00 45.00 10.0 Ton $ 376.00 10.00 1.0 Ton $ 650.00 1.00 100.0 LBS $ 190.0 GAL $  17.00 100.00 20.00 190.00  1.0 LS $ 37,000.00 100.00% 0.00% $  18,400.0 CY $ 2,700.0 CY $ 1,000.0 CY $ 2,700.0 CY $ 16,800.0 CY $ 31,700.0 CY $  9.50 18,844.42 0.00 $ 26.00 2,666.28 0.00 $ 81.00 889.44 9.00 4,919.30 0.00 $ 6.00 16,778.60 0.00 $ 3.25 31,967.72 0.00 $  4,600.0 CY $ 115.00 4,961.01  0.00 $ 0.00 $  170.0 LF $ 120.00 170.00 1,020.0 LF $  0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $  40.00 1,020.00  640.0 CY $ 152.00 720.26 50.0 CY $ 9,200.0 SY $  54.00 78.91 5.00 7,923.24  2,750.0 CY $ 485.00 3,032.00 0.00 $ 1,280.0 CY $ 1,025.00 1,203.00 50.0 CY $ 300.00 0.00  0.00 $ 0.00 $  Rev.0 04-2015    GANNETT FLEMING  BIDI ITEMSUMMARY  Sheet 4 of6 Estimate No.26 Project No. 62968 Item No. 13 Reinforcing Steel Waterstop 14a PVC Waterstop 14b Surface-Applied Waterstop Drilled and Grouted Anchor Bars 15a Type A Rock Anchors 15b Type B Rock Anchors Concrete and Masonry Repairs 16b Deep Concrete Repair (Type 2 Repair) Pressure Grout Crack Repair (Type 3 Cementitious Coating (Type 4 Repair) Repairing Stone Masonry Repalring/Rebulding Stone Masonry Permanent Access Improvements Riparian Seed Mixture Bioretention Area Seed Mixture Permanent Seed Mixture Chain-Link Fence Drilled Drains Toe Drain Cleanouts Realigned Access Road and Parking Are Aggregate Surfacing (PennDOT 2A Coarse Aggregate) Miscellaneous Features Mechanical Outlet Works Replacement 18-Inch Square Manually-Actuated: Slide  Project: Sheppard-Myers Dam Rehabilitation Owner: Borough of Hanover Contractor: KC Construction Co. WORK PERFORMED THIS PERIOD  Description  Estimated Unit Unit Price PREVIOUS  TOTAL TO DATE Value 832,922.00 Quantity $ 1,374,321.30 3,920.00 110.00 $ 133,280.00 $ 2,860.00 42 $ 200 $ 53,340.00 187.40 63.04 $ 27,173.00 $ 11,347.20 115.00 $ 20,125.00 3,050.00 $ 100.00% 30,500.00 156.50 $ 70,000.00 $ 27,387.50 2.80 $ 35,000.00 0.10 7.08 $ 1,250.00 580.00 $ 88,500.00 450.00 $ $ 72,500.00 2 $ 40,500.00 3,200.00  Quantity 759,000.0 LBS $ 3,920.0 LF $ 110.0 LF $  PERIOD Quantity Quantity 1.65 832,922.00 0.00 $ 34.00 3,920.00 0.00 $ 26.00 110.00  Value  0.00 $ 0 $ 0 $ 0.00 $ 0.00 $ 0.00 $  42 EA $ 1,270.00 42 196 EA $ 1,285.00 200  257,000.00  16a 16c 16d 16e 16f 17a 17b 17c 18 19 20 21a 21b 22a Gate Rev.0 04-2015  Shallow Concrete Repair (Type 1 Repair) 130.0 SF $ 145.00 187.40  115.0 SF $ 180.00 63.04 115.0 LF $ 175.00 115.00  Repair)  3,050.0 SF $  10.00 3,050.00 0.00 $  1.0 LS $ 70,000.00 100.00% 0.00% $ 100.0 SF $ 175.00 156.50 2.8 Acre $ 12,500.00 2.80 0.1 Acre $ 12,500.00 0.10 7.6 Acre $ 12,500.00 7.08 580.0 LF $ 125.00 580.00 450.0 LF $ 2 EA $ 1,600.00  0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0 $  90.00 450.00 2  1.0 LS $ 30,000.00 100.00% 0.00% $ 1.0 LS $ 55,000.00 100.00% 0.00% $  100.00% $ 30,000.00 100.00% $ 55,000.00 2.0 $ 40,000.00  2 EA $ 20,000.00 2.0  0.0 $  Rev.0 04-2015    () GANNETT FLEMING  BIDI ITEM SUMMARY  Sheet 5of6 Estimate No. 26 Project No. 62968 Item No.  Project: Sheppard-Myers Dam Rehabilitation Owner: Borough of Hanover Contractor: KC construction Co. WORK PERFORMED THIS PERIOD  Description  Estimated Unit Unit Price PREVIOUS  Quantity 2 1 4 1  PERIOD Quantity Quantity  TOTALTO! DATE Quantity  Value  18-Inch Square Electrically-Actuated Slide 30-Inch Manualy-Actuated Gate Valve 22d Slide Gate Trashrack Portable Gate Actuator Intake Tower Operator Platform and Access Bridge 23a Aluminum Pipe Railing 23b Operator Platform Access Grating 23c Cleaning and Repainting Bridge Beams Electrical and nstrumentaton/Controls 24a Gaging Station Improvements 24b Dam Crest Light 24c Pan, Tilt, Zoom Security Camera 24d Reservoir Level Transducer Electrical/Controls for Electrically- 24e Actuated Slide Gates 24f Controls Integration 25 Webcam 26 Spillway Access Ladder Post-Construction Stormwater 27 Management Facilities TOTAL AMOUNT OF BID  Value  22b Gate 22c 22e  EA $ 42,000.00 2.0 EA $ 51,000.00 EA $ 4,100.00 EA $ 6,500.00  0.0 $ 0 $ 0 $ 0 $  2.0 $ 84,000.00 1 51,000.00 4 $ $ 16,400.00 1 $ 6,500.00  1 4 1  170.0 LF $ 140.00 170.00 1 EA $ 5,300.00  0.00 $ 0 $  170.00 $ 23,800.00 1 $ 5,300.00 100.00% $ 175,000.00 100.00% $ 270,000.00 2.00 $ 5,400.00 1.00 $ 20,000.00 1.00 $ 100.00% $ 36,000.00 100.00% $ 65,000.00 0.00% $ 1 $ 12,000.00 100.00% $ 142,000.00  1  1.0 LS $ 175,000.00 100.00% 0.00% $ 1.0 LS $ 270,000.00 100.00% 0.00% $ 2 EA $ 2,700.00 2.00 EA $ 20,000.00 1.00 EA $ 18,000.00 1.00  0.00 $ 0.00 $ 0.00 $  1 1  18,000.00  1.0 LS $ 36,000.00 100.00% 0.00% $ 1.0 LS $ 65,000.00 100.00% 0.00% $ 1.0 LS $ 30,000.00 0.00% 1 EA. $ 12,000.00  0.00% $ 0 $  1  1.0 LS $ 142,000.00 100.00% 0.00% $  $10,846,975.00  $  $11,482,846.33  Rev.0 04-2015  Rev.0 04-2015    GANNETT FLEMING  SUMMARY OF CHANGE ORDERS  Sheet 60 of6 Estimate No. 26 Project No. 62968 Change Order No.  Project: Sheppard-Myers Dam Rehabilitation Owner: Borough of Hanover Contractor: KC Construction Co. Amount Complete to Date  Amount ofChange Order  Percent Complete  Extension ofTime (Days) 0 0 0  Description  New Date ofC Completion No Change No Change No Change  Removal of Crystalline Waterproofing additive (L.E. construct the labyrinth weir wall.  1-1 Xypex) from all concrete except for the concrete used to $ (116,171.00) 100.00% $ (116,171.00) 1-2 Modination/Reduction of grout curtain from Project $( (757,233.00) 100.00% $ (757,233.00)  Removal of the tower bridge cleaning and repainting 1-3 from the Project (new pier construction and tower bracing should still be included in the Project) No Cost Time Extension to extend the Substatial 2-1 Completion Date from April 17, 2023 to July 19, 2023 and the Final Completion Date from May 17,2023 to $ Cost to provide four (4) galvanized steel trash racks in 3-1 lieu of the specified HDPE trash racks on the outfall 4-1 Provide and install an additional galvanized steel trash rack at the lowest valve on the Outlet Structure.  $ (159,500.00) 100.00% $ (159,500.00)  100.00% $  94  07/19/2023 08/19/2023  August 19, 2023  $ 9,027.50 100.00% $ 9,027.50 $ 25,225.00 100.00% $ 25,225.00  0 0 0 VOID 0 0 0  No Change No Change No Change VOID No Change No Change No Change 07/19/2023 08/19/2023  tower  5-1 Provide and install grouted rip-rap at Spillway Endsill. $ 16,386.50 100.00% $ 16,386.50  6-1 VOID  VOID  VOID  VOID  7-1 Credit to remove the fabrication of the additional trash rack added in Change Order #4 8-1 Contract Compensating Change Order Settlement of cost escalations for various items as more 9-1 specifically detailed in the settlement agreement executed by the Borough and KC Construction TOTAL AMOUNT OF CHANGE ORDERS  $ (16,417.00) 100.00% $ (16,417.00) $ 635,871.33 100.00%  $ 71,000.00 100.00% $ 71,000.00  $ (291,810.67)  $ (927,682.00)  94  Rev.1 04-2015    GANNETT FLEMING  PUNCHLIST  Sheppard-Myers Dam Rehabilitation Borough of Hanover PROJECT NO. 62968 Contractor- KC Construction Company  The following are the outstanding punch listi items as of March 29, 2024:  ITEM  DESCRIPTION  VALUE $ $  2 SwbmiAs-Bwitprawing  Complete intallation of Process Control and Monitoring Equipment (install 27 correct communications equipment for Gaging Station; confirm reservoir level transmitter is working once reservoir water level is high enough) Ensure site is permanently stabilized with a minimum of 70% growth, per the  500.00  33 Conservation District Requirements and the Conservation District has signed $ 20,000.00  off on permit.  SUBTOTAL AMOUNT TO BE RETAINED: $ 20,500.00  TOTAL AMOUNT TO BE RETAINED PER CONTRACT (Subtotal Ix2.0): $ 41,000.00  Rev.1 04-2015    GANNETT FLEMING STATE OF Pennsylvania OWNER Borough of Hanover PROJECT Sheppard-Myers Dam Rehabilitation which is herebyacknowiedged, for labor or services,  PARTIAL WAIVER OF LIEN  COUNTY OF CONTRACT  One  IN CONSIDERATION of the sum of $76,000.00 paid to the undersigned  by the Owner, the receipt of  material, fixtures, apparatus or machinery furnished  through the date specified below for the identified Project under and subject to the identified Contract THE UNDERSIGNED hereby states, affirms and agrees that, with respect to all of such work furnished and all liens, or claims, or right of lien relating to mechanics liens and any and all other claim, liens releasesany property, on the monies, bonds or warrants due or about to become due from the Owner against This waiver does not cover any retained payment or any labor, services, or materials furnished The undersigned certifies that all amounts have been paid to its subcontractors, materialmen for the Work for all other Partial Payment Estimates have This partial waiver of lien shall inure to the benefit of the be binding upon the undersigned andi its  may be modified.  as  through the date specified below, the undersigned does hereby waive its right to labor or services, material, fixtures, apparatus or machinery furnished  and  on account of after the  through March 29, 2024  specified date above.  suppliers, and/or been issued and for which  Contractor has received  payments from the Owner.  and  Owner, its successors and assigns and shall  or their heirs, successors and assigns.  Each statement contained herein shall be enforceable under the laws of the State of PA  DATED THIS 9th  day of April  2024.  Company Name: Individual Title: Controller Date: 4/9/24 dayof  KCConstruction Co.  Authorized Officer: Wayne S. Randall N  2  SWORN TO and exectued before me this gnt  LoNh_ga  Notary SenaurePl 73 Saht Notary Public State of: andlerna  My Commission Expires:  2-1300036  Commonwealth of Pennsylvania- Notary Seal Michele Parkinson, Notary Public Bucks County My commissionexpires.uyzu,20z6 Commissionr number 1271781 Member. Pennsylvania Association of Notaries  Estimate No. 26  Rev.4 04-2015