Hanover Borough Council Minutes, June 26, 2024  President Reichart convened the public meeting of Hanover Borough Council on' Wednesday, June 26, 2024 at 7:00 PM in the Hanover Borough Council Chamber, 44 Frederick Street, Hanover, PA, as Community Media was present to conduct a video and audio recording of the meeting via Zoom  advertised.  presentation for all citizens to have access. PRELIMINARY MATTERS & OFFICERS' REPORTS  President Reichart called ther regular business oft ther meeting to order and asked all those in attendance On roll call the following answered as present: Mr. Bubb, Mr. Fuentes, Mrs. Funk, Mrs. Greenholt, Mr. Hegberg, Mr. Kress (via Zoom), Mr. Lookenbill, Mr. Reichart, Mr. Roland and Dr. Rupp; Mayor Whitman; Agenda Change: Solicitor Shultis stated that the appointment of the police officers was added to this evening's agenda prior to the administration of the oaths of office. The motion to amend the agenda Itwas moved by Mrs. Funk, seconded by Mrs. Greenholt to amend the June 26, 2024 Council agenda toi include ar motion for Council to appoint probationary police officers prior to administering their oaths  to recite the Pledge of Allegiance followed by a moment of silence.  Solicitor Shultis; Staff Members Secretary Felix and Borough Manager Lewis.  musti first be approved prior to the motion to appoint the officers.  of office. Motion carried.  Appointment of Probationary Police Officers  Itv was moved by Mr. Hegberg, seconded by Mrs. Funk to appoint Jamal Jimenez and Griffin Kuhn as Probationary Police Officers for the Borough of Hanover, effective July 5, 2024. Motion carried. Oaths of Office: Mayor Whitman administered the oath of office to the following probationary police  officers:  Jamal Jimenez Griffin Kuhn  Hanover Borough Council members congratulated the officers on their new appointments.  Public Comment:  Mr. Kenneth Kuhn, 370 Wilson Avenue: Mr. Kuhn expressed his disappointment that the Rental Registration and Inspection Ordinance was not passed. He noted that the International Fire Code was adopted, and would be enforced byt the rental inspections. He stressed as an example that many times attics are turned into second bedrooms with no alternate access. Another example of common fire safety issues would be wiring under carpets. He has been a firei inspector for the past 12 years in Penn Township. He and others worked with the rental owners to solve the problems and residences were not shut down. He views the proposed rental registration and inspection ordinance as a teaching tool and supports the passing of the ordinance. He does not want to see Hanover become the next York Mr. Reichart made a general statement before proceeding with public comments, and urged all commentors to please try to make their comments less personal, and do not single out individuals. Mr. Robert Holt, 513 High Street: Mr. Holt urged the Council to put a hold on the agenda item for the $3.1 million dollar renovation contract on the building at 33 Frederick Street. He expressed concerns about the anticipated costs of the project. He also mentioned concerns regarding a property at 475 High Street. Mr. Holt stated that he wanted the public to be notified earlier in the planning process of upcoming hearings. He thanked Council for their effort to reopen the zoning ordinance for review by Ms. Grace Mullen, 357 Centennial. Avenue: Ms. Mullen stated that she is a volunteer in the area and thanked the Borough and Mayor for their involvement and support in the community. She learned that Section 8 housing was not included in the proposed ordinance, after speaking with the Mayor. She further stated that although she supports the need for the ordinance, she feels that Council needs to have morei information before passing the ordinance. She asked that the veto be changed to tabling  City.  the Planning Commission.    Hanover Borough Council Minutes, June 26, 2024, Page 2  PRELIMINARY MATTERS & OFFICERS' REPORTS  the approval of the ordinance. She offered her help with spreading the word about rental property Lorene Crooks, 295 Vegas Drive: Mrs. Crooks referenced the data collection methodology of the rental registration and inspection survey. She stated as landlords that she and her husband were not contacted to complete the survey. They were not happy that the ordinance was passed due to the low return of surveys. She asked that owner occupied residences be included in the inspections. She asked for an improved survey. Mr. and Mrs. Crooks are not necessarily opposed to the ordinance but Austin Graham, 229 Broadway: Mr. Graham expressed his support of the rental registration and inspection ordinance. He stressed the importance of safety of our first responders who risk their lives tol keep us safe. He stated that he spoke tor many tenants who were ini favor of the ordinance, but afraid ofr repercussions or retaliation from their landlords ift they were to report code violations. Doris Peterman, 189 Primrose Lane: Mrs. Peterman spoke in opposition to the proposed land swap on' Wilson Ave. She questioned the reason why the wetland portion was not donated to the Borough Merle Feder, 173 Primrose Lane: Ms. Feder spoke in opposition to the proposed land swap and did not want another hotel built facing Primrose Lane, which she noted requires a zoning approval. She questioned about potential water runoff from the hotel parking areas that will flow onto Primrose Lane. Mr. Arthur Becker, 529 Carlisle Street: Mr. Becker criticized Council's decision to implement the proposed rental registration and inspection ordinance without knowing the number of rental units or costs. He stated that he represents various landlords in the community who are opposed to the proposed ordinance. He referenced the fact that Section 8 housing will not be addressed in the inspections. Mr. Becker requested that Council follow the Mayor's recommendation to enforce the current ordinance, noting that currently there is no cost for the inspections. He urged Council to vote Isaac Riston, 36 West Hanover Street: Mr. Riston noted that in 1979 the supreme court ruled that tenants have a right to a safe place to live. Of the ten (10) municipalities Mr. Riston contacted who already have a rental property inspection ordinance, all but one reported that their programs are self- funded. He noted that Council votes ont fees each year. Vacant properties are already inspected on the fee structure at a cost of $150. The PAHuman Relations Commission has been an advocate for similar ordinances throughout the state. Our current comprehensive plan noted the large amount of rental units in the Borough and the Borough's public safety officials emphasized the need for the ordinance  registration int the community.  thought the survey was unfair.  instead of a proposed land swap. She asked Council to vote in opposition.  She criticized recent zoning changes and decisions.  against the proposed rental registration and inspection ordinance.  on several occasions. One word to describe the ordinance would be "safety." Sandy Moul: Ms. Moul asked to hold her statement until the end of the meeting.  Heath Chesney, 321 Spring Avenue: Mr. Chesney noted that the Public Safety Committee helped to initiate the need for the ordinance which was sentt to Council, and it was passed utilizing the democratic process. He urged Council to listen to their constituents and vote to uphold the ordinance. He urged Jeffrey Spangler, Carlisle Street, Fourth Ward: Mr. Spangler urged Council to recognize that the public safety staff are our experts, and to listen to them. Council's job is to maintain the health, safety and welfare oft the Borough. The proposed ordinance has become al behind the scenes political debacle. Consent Agenda: It was moved by Mrs. Funk, seconded by Mr. Fuentes to approve the following  Council to approve the ordinance as written as a starting point to move forward.  items on the consent agenda:  a. Approval of Minutes: May 22, 2024 Council Minutes . Approve Bills for Payment i. Accept Monthly Financial Statement ii. Accept Report of Monthly Investments Community Development Block Grant Extension: Approve . Doss Alley Conversion until December 31, 2024  b. Finance Reports:    Hanover Borough Council Minutes, June 26, 2024, Page 3  PRELIMINARY MATTERS & OFFICERS' REPORTS  Consent Agenda  d. Police Suspension in compliance with Civil Service Regulations: F Ratify Mayor's disciplinary action for personnel matter - Hanover Chili Cookoff: Moul Field, September 1, 2024 ii. Walk al Mile in Her Shoes: YWCA, August 9, 2024 iv. Diversity Festival: Wirt Park, September 28, 2024 V. Hawk Hustle: Hanover High School, November 9, 2024 vi. Dolphin & Anchor Block Party: Baltimore St & Broadway Quad Closure, August Approve request for sewer credit as per Resolution #1167: Bon Ton Builders, 225 Moul Avenue in the amount of $2,030.70 g. Former Black Rock Landfill: Ratify Manager's approval of Contract for Treatment System Rehabilitation with Hydro-Terra Group in the amount of $7,400.00 h. Civic Plus Website: Approve four (4) year contract renewal at the following annual  e. Special Events: Approve  Honoring Our Heroes: St. Mark's Church, 129 Charles St, July 19, 2024  17,2024  rates: . Year 1 ii. Year 2 iii. Year 3 iv. Year 4 recipient  $4,246.72 $5,015.18 $5,265.94 $5,529.24  Iron Mike Statue: Approve relocation of "Iron Dog" statue from its current location on Center Square to Mount Olivet Cemetery with relocation expenses to be paid by  Motion carried.  REPORTS OF THE STANDING COMMITTEES Public Works & Facilities Committee - Mr. Roland  Itwas moved by Mr. Roland, seconded by Mr. Hegberg to approve the Notice of Intent to Award, Notice of Award and Notice to Proceed for the 33 Frederick Street Public Administration Facility renovations project, as part of the overall Hanover Borough Public Administration and Public Safety Complex project, to Steelworks Construction, successful bidder, in the amount of $3,100,159.00, pending There was discussion among Council members about the planning process for the project and cost Mr. Mains assured Council that frequent inspections will occur by both the contractor and staff and all progress willl ber reported to Council. Councilman Kress was consulted during the planning process and Mr. Hegberg asked Mr. Mains to explain how this project is being funded. Mr. Mains stated that American Rescue Plan Act (ARPA) money was received, and Council posted the funds in the Capital Building project fund. In addition, a Redevelopment Assistance Capital Program (RACP) grant was issued for $5.5 million dollars for the Public Safety Facility. The Public Works and Facilities Committee Mr. Reichart asked Mr. Kress to comment. Mr. Kress stated that there was a lot of value engineering involved in this project, he and Mr. Mains scaled the project back to assure that no excessive work was entailed in the scope of the project. He commended the staff on an outstanding job of putting this  Solicitor review of documents and project architect review of contractor references. Planning & Engineering Director Mains was present to answer any questions.  analysis.  will continue to oversee the project as itmoves forward.  spearheaded the entire effort for the last three (3) years.  proposal together.  Mrs. Funk asked for the item to be tabled due to cost justification.    Hanover Borough Council Minutes, June 26, 2024, Page 4  REPORTS OF THE STANDING COMMITTEES Public Works & Facilities Committee = Mr. Roland  The following Council members voted in favor of the motion: Mr. Fuentes, Mr. Hegberg, Mr. Kress, Mr. Roland, Mr. Reichart and Dr, Rupp; and the following Council members in opposition to the motion: Mrs. Funk, Mr. Lookenbill, Mrs. Greenholt and Mr. Bubb. The motion passed with six (6) voting in favor Dr. Rupp explained that she understands Mrs. Funk's concerns and noted that she still has the right to As the new Chairman of Public Works & Facilities, Mr. Roland stated his willingness to chair a meeting It was moved by! Mr. Roland, seconded by Mrs. Funk to approve Resolution No. 14121 fort the bidr results oft thel Municibid Online Auction for sale of vehicles and equipment including the proceeds in the amount Itv was moved by Mr. Roland, seconded by Mr. Hegberg to authorize staff to engage with Delta and Dewberry to prepare an Environmental Protection. Agency (EPA) Community Change grant submission for the Railroad Street and Chestnut Street corridor, implementing the first phase of the completed Itv was moved by Mr. Roland, seconded by Mr. Hegberg to authorize staff to proceed with bid advertisements fori thel Doss Alley project through a Community Development Block Grant (CDBG) with  oft the motion and four (4) voting in opposition to the motion. Motion carried.  view the information on the project.  for ar review of the project, in conjunction with Mr. Kress.  off $59,497.10. Motion carried.  "Hanover Streetscape & Downtown Improvement Plan." Motion carried.  York County. Motion carried.  Public Safety Committee - Mr. Fuentes Mr. Fuentes made the following statement:  "As Chairman of the Public Safety Committee, it is my goal that we are given the opportunity to make recommendations and possible amendments to this rental registration and inspection ordinance. This will help establish a happy medium, sO we may: adopt an ordinance we can all feel comfortable supporting. Although the Public Safety Committee was able to do a review of the registration portion, we do not feel as though we had. sufficient time to give any further recommendations before it was brought to the Council for approval. I understand how hard Council members Mr. Hegberg, Dr. Rupp and Mrs. Funk have worked on this ordinance the last four (4). years. respect the substantial amount oft time itt took Eric Mains to prepare this ordinance in its current form, despite dealing with hardt times during the COVID outbreak. Contrary to many beliefs, the rental registration and inspection ordinance will be here to stay. We must remember to ensure the safety of all residents of Hanover, especially our first responders. Who more deserves an answer when they call us to aid them? I have been informed that as we proceed overt the upcoming two years, the idea ist to make amendments to this ordinance as we go. With that being said, Idor not see any reason for us to not take the time to allow the current public safety committee the opportunity to discuss and make recommendations, corrections, or adjustments to this ordinance one last time, before submittingi itt tot this Council for approval. In light that our Mayor, whom Irespect, has taken Iwould like to make a motion to table this vote, and allow the rental registration and inspection ordinance to go back to the Public Safety Committee for one more review. This is SO our committee may make suggestions, and that hopefully, we can all stand together by this ordinance with confidence. Our goal as an entire council is to strive to better our community and make this Borough safer for everyone. That is my motion."  itu upon herself to veto this ordinance ini its current form...  The motion was seconded by Council Member Roland.  Solicitor Shultis clarified that because the ordinance was passed by Council and later vetoed by the Mayor, iti is now Council's obligation to act. If Council doesn'tact, the effect is that the ordinance is not passed. In other words, if the motion to table is passed, the ordinance cannot come back to Council  without readvertising.    Hanover Borough Council Minutes, June 26, 2024, Page 5  REPORTS OF THE STANDING COMMITTEES Public Safety Committee - Mr. Fuentes  President Reichart stated it was his understanding that the ordinance came with the Public Safety Committee's endorsement for Council to act. Mr. Fuentes stated after the Public Safety Committee approved the ordinance, that new ideas came to light that! he felt needed addressed. There was discussion among Council members and staff regarding the proposed ordinance. On roll call, the following Council members voted in favor of tabling the proposed Rental Registration and Inspection Ordinance No. 2369 [an Ordinance amending, supplementing, and replacing the Rental Property Ordinance of the Borough of Hanover, Ordinance No. 1796, enacted December 19, 1984): Mr. Fuentes, Mr. Lookenbill and Mr. Roland. The following Council Members voted in opposition to tabling the proposed ordinance: Mr. Bubb, Mrs. Funk, Mrs. Greenholt, Mr. Hegberg, Mr. Kress, Mr. Reichart and Dr. Rupp. The motion to table the proposed ordinance failed on a vote of three (3) to Itwas moved by Mr. Funk, seconded by Dr. Rupp to reconsider approval of Ordinance No. 2369 [an Ordinance amending, supplementing, and replacing the Rental Property Ordinance of the Borough of Hanover, Ordinance No. 1796, enacted December 19, 1984] in light of the Mayor's veto, as provided President Reichart clarified that an affirmative vote for the motion (aye, yes, for) is a vote for the proposed ordinance to pass and a negative vote (nay, no, against) is for the proposed ordinance NOT On roll call, thet following voted in favor of the proposed ordinance No. 2369: Mr. Bubb, Mrs. Funk, Mr. Hegberg, Mr. Kress, Mr. Reichart and Dr. Rupp; The following voted in opposition to the proposed ordinance No. 2369: Mr. Fuentes, Mrs. Greenholt, Mr. Lookenbill and Mr. Roland. There were six (6) votes in favor of the proposed ordinance No. 2369 and four (4) votes in opposition to the proposed ordinance No. 2369. The ordinance failed to pass in light of the requirement of the need for a majority plus one or seven (7) votes in favor of the ordinance according to Section 3301.3(2)(i) of the  seven (7).  fori in Section 3301.3(2)(i) of the Pennsylvania Borough Code.  to pass.  Pennsylvania Borough Code. Planning Commission - Mr. Hegberg  Itv was moved by Mr. Hegberg, seconded by Mr. Roland to authorize the Hanover Borough Planning Commission to engage with Gannett Fleming's land use planning staff to review potential changes to the Hanover Borough Zoning Ordinance to address emerging land use issues and complete various  administrative revisions. Motion carried. Department of Parks and Recreation - Dr. Rupp 2024 as Parks and Recreation month. Motion carried. Department of Water Resources - Mr. Reichart  It was moved by Dr. Rupp, seconded by Mr. Hegberg to approve Resolution No.1413 declaring July  Itv was moved by Mr. Reichart, seconded by Mr. Kress for staff and legal counsel to proceed with preparation of the necessary documents and to facilitate al land swap of public and private lands along Mr. Mains noted our current water tariff needs modified to include the lead service program for the out of Borough water service customers. The Department of Environmental Protection (DEP) mandates that our tariff be amended or adjusted by the end of. July. There are copies of the postcard flyers that were given to Council members to distribute to their constituents to complete the lead service line survey, and staff will be actively placing the postcards at different municipal locations sO citizens can It was moved by Mr. Reichart, seconded by Mr. Kress to authorize Borough staff and the Borough Solicitor top proceed with preparing and submitting all necessary documents related toi the Pennsylvania  Wilson Avenue. Mrs. Funk voted in opposition to ther motion. Motion carried.  easily access the survey for response.  Public Utility Commission Lead Service Line Replacement program. Motion carried.    Hanover Borough Council Minutes, June 26, 2024, Page 6  MANAGEMENT & OFFICIALS REPORTS  Manager Lewis asked Library Director Baldwin to speak about recent grant opportunities. Director Baldwin referenced the York County Cultural Alliance's grant for a mural. Manager Lewis distributed renderings of the proposed mural which represents different aspects of the Hanover community. It may be installed ini the children's library in the program room along with an interactive meet the artist event and children's activities. The library is also exploring a grant for water fountains with the Way Foundation which requires no matching funds. Ms. Baldwin stated that Library staff are also exploring grants fori improvements to the sound system in the Bare Center, auto translation services, an additional bike rack and book drop fort the rear of the library, and visually impaired reading assistant devices that can be checked out for in-library uses to make the library more accessible for all citizens.  She asked for questions from Council.  Council members thanked Library Director Baldwin for her report.  OTHER MATTERS Public Comment:  Sandy Moul expressed concerns on library decisions. At town hall meeting should have occurred before any decisions were made. She summarized the library's financials over the years, questioned the deficits over the years, and criticized negative comments regarding the library. Art Becker, 529 Carlisle Street: Mr. Becker asked to amend the existing rental registration ordinance. He wanted reassurance that Chief Codes Officer Miller had the tools to move forward. Robert Holt, 513 High Street: Mr. Holt criticized the motion to approve the 33 Frederick Street project renovations and costs. Mr. Holt criticized the logistics of the mural project at the library. Austin Graham, 229 Broadway: Mr. Graham shared his vision for the proposed Rental Registration and Inspection Ordinance as a minimum viable project allowing necessary revisions and amendments int time. Hes stated his disappointment of Council's decision not to pass the proposed ordinance. Heath Chesney, 321 Spring Avenue: Mr. Chesney expressed his disappointment of Council's decision not to pass the rental registration and inspection ordinance, especially in light of the awareness of the existing hazards and safety concerns of many rental properties. He stated that the Public Safety Committee had ample time to work on any changes within the ordinance before forwarding itt to Council Isaac Riston, 36 West Hanover Street: Mr. Riston noted thel high rate of lead poisoning in this area was referenced int the York Dispatch. He encouraged all citizens to complete the survey. Hel looks forward to working on an ordinance for rental registration and inspections, whether iti is passed by the existing Council or at future Council. He has presented an ample amount of supporting data on the need for the Jeffrey Spangler, Carlisle Street, Fourth Ward: Mr. Spangler noted his disgust that the rental registration andi inspection ordinance did not pass. He feels the effort was wasted and referenced his current living conditions in an apartment that is in need of inspections. Mr. Spangler feels that public safety should  fore endorsement.  ordinance.  be of the utmost concern.  JULY BOROUGH COUNCIL & COUNCIL COMMITTEE MEETINGS:  "Governance & Policy Committee *Public Safety Committee "Enhancement Committee Council Workshop/Finance & Personnel Hanover Borough Council: unable to attend any meetings.  Monday, July 1,2 20246 6:00 PM Tuesday, July: 2,20246:30PM Wednesday, July 10,20246:00PM Wednesday, July 17,20247:00PM Wednesday, July 24, 20247:00F PM  Committee Meetings will be cancelled ift there is no business. Please advise the Borough Secretary ifyou will be  Adjournment:  Itwas moved by Mrs. Funk, seconded by Mr. Kress to adjourn the meeting at 9:38 PM. Motion carried.  Respectfully: submitted, CEY Dorothy Borough Secretary  3