Hanover Borough Council Minutes, August 28, 2024  President Reichart convened the public meeting of Hanover Borough Council on Wednesday, August 28, 2024 at 7:00 PMi 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 the regular business oft ther meeting to order and asked all thosei in attendance On roll call the following answered as present: Mr. Bubb, Mr. Fuentes, Mrs. Funk, Mrs. Greenholt, Mr. Hegberg Mr. Kress, Mr. Lookenbill, Mr. Reichart, Mr. Roland (via Zoom) and Dr. Rupp; Solicitor Shultis; Staff Members Secretary Felix and Borough Manager Lewis. Mayor Whitman was not in attendance.  to recite the Pledge of Allegiance followed by a moment of silence.  There was some difficulty with Mr. Roland's connection to the meeting.  Public Comment:  Mr. Robert Holt, 513 High Street: Mr. Holt thanked President Reichart for his service on Council. He asked for a line item budget to be available on the website, and he submitted a letter to President Reichart for same. Mr. Holt thanked the Police Department for recent traffic enforcement on Maple Mr. Isaac Riston, 36V W. Hanover Street: Mr. Riston referenced proposed Ordinance No. 2371 for rental registration on the agenda this evening, and the respective fee on the Miscellaneous Fee Resolution. He noted the high number of calls to the Code Enforcement Department and felt the fee was justified fort the program. Mr. Riston asked for the Council budget workshop on September 24th to be recorded Ms. Sandy Moul: Ms. Moul spoke about the maintenance ofi thel library, including the problems with the Recognition of New Administrative Employees: President Reichart invited Human Resources Director Adler to come forward. Mrs. Adler introduced Ms. Kara Ellison, Administrative Assistant to the Borough Ms. Ellison noted that she was pleased to step into her new position. She looks forward to working with Council and staff, and working through the transition process to learn the Secretary position.  Avenue. He asked for a 4-way stop at High Street and Maple Avenue.  by Community Media.  HVAC system and other library issues.  Secretary, and Council members congratulated her on her new position.  Presentations - Main Street Hanover  Ms. Nicki Hoffman, Treasurer of Main Street Hanover introduced Ms. Moriah Tyler, Executive Director, to Hanover Borough Council. They provided a progress report to Council members prior to this meeting for their review. Ms. Hoffman reported that Ms. Tyler has been in her position for the past two (2) months, and isc doing an excellent job. Ms. Tyler intends toi increase downtown events including a new Second Saturday Program. Ms. Hoffman summarized the Main Street Report dated August 28, 2024, noting that $150,000 was recently received by Main Street Hanover in al bequest. She looks forward tor meeting Council Members and touching base with them, and invited all to stop by her office at 40 York Street for introductions. Main Street recently donated $10,000 to the Borough for Christmas decorations at the Market House. Manager Lewis, on behalf of Council, thanked Main Street and the Christmas Committee for their generous donation. It was moved by Mr. Kress, seconded by Mrs. Funk to approve the following items on the consent  Consent Agenda: agenda:  a. Approval of Minutes:  i.J July 24, 2024 Council Minutes ii. August 6, 2024 Council Minutes    Hanover Borough Council Minutes, August 28, 2024, Page 2  Consent Agenda, ctd. b. Finance Reports:  A Approve Bills for Payment i. Accept Monthly Financial Statement lii. Accept Report of Monthly Investments PennDOT Winter Services Agreement: d. Trick or Treat Nighti in Hanover Borough e. Special Events Permits:  A Approve Resolution No. 14151 for reimbursement for winter services . Approve for Tuesday, October 22, 2024 6:00 PM-8 8:00PM  A Approve Hanover Area Jaycees Halloween Parade Thursday, October 24, 2024 ii. Approve change of date from 8/17/24 to 10/12/24 for Dolphin & Anchor Block Party - Approve one year contract extension with Double WI Farms, LLC Approve Personnel Request and Updated Organizational Chart  Transfer Station Hauling Contract:  g. Human Resources: Municipal Authority:  h. New Sewer Services Agreement and Water Shut-Off Agreement between Hanover Borough. McSherrystown Borough. Penn Township, Conewago Township, and the Conewago Township Approve Waiver of the conflict ofi interest to enable the Solicitor to dratt/negotiate new agreements subject to a review of the final agreements by conflict counsel.  Motion carried.  REPORTS OF THE STANDING COMMITTEES Public Safety Committee - Mr. Fuentes  Itv was moved by Mr. Fuentes, seconded by Mr. Kress to approve Ordinance No. 2371 entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 1796 ENTITLED, 'AN ORDINANCE REQUIRING ALL TENANTS [OF] THE BOROUGH TO FILE REPORTS WITH THE BOROUGH DESIGNATING OCCUPANTS OR TENANTS OF ANY DWELLING UNIT AND ANY CHANGE IN THE OCCUPANCY OR TENANCY THEREOF AND REQUIRING ALL LANDLORDS IN THE BOROUGH TO DISTRIBUTE SAID REPORT FORMS TO THEIR TENANTS, AS SET FORTH IN CHAPTER 278 OF THE CODE OF ORDINANCES OF THE BOROUGH OF HANOVER." On roll call, the following voted int favor oft the ordinance: Mr. Bubb, Mr. Fuentes, Mrs. Funk, Mrs. Greenholt, Mr. Hegberg Mr. Kress, Mr. Lookenbill, Mr. Reichart, and Dr. Rupp. Mr. Roland's vote was inaudible. Motion carried.  Planning Commission - Mr. Hegberg  Itwas moved by Mr. Hegberg, seconded by Mr. Kress to approve Resolution No.1416 for the Preliminary/Final Subdivision Plan for Home City Ice Company, 236-238 Poplar Street, Hanover, PA. Mr. Bubb and Mrs. Funk voted in opposition to the motion. Mr. Roland's vote was inaudible. Motion  carried.  Finance & Personnel Committee - Mr. Kress  Mrs. Funk askedi ift the two (2)i items on thel Miscellaneous Fee Resolution could be voted on separately. President Reichart asked Mr. Kress to read the motions separately and when asked by Mr. Kress, Itv was moved by Mr. Kress, seconded by Mrs. Funk to approve Resolution No.1417 revising the schedule off fees for permits, licenses, and services provided by the Borough of Hanover toi include the addition of a $35.00 fee for annual residential rental registration. Mr. Lookenbill voted in opposition to Itv was moved by Mr. Kress, seconded by Mrs. Greenholt to approve Resolution No. 1417 revising the schedule of fees for permits, licenses, and services provided by the Borough of Hanover decreasing the Library room rental fee for weddings/receptions held in the Bare Center from $5,000t0$1.000.  Solicitor Shultis affirmed it was acceptable to proceed.  the motion. Mr. Roland's vote was inaudible. Motion carried.    Hanover Borough Council Minutes, August 28, 2024, Page 3  REPORTS OF THE STANDING COMMITTEES Finance & Personnel Committee - Mr. Kress  There was discussion of potential issues with alcohol use at the library and parking issues for large Manager Lewis noted that no weddings werel held at the Bare Center or the library in the past, and that alcohol use was not prohibited in the library. There have been numerous fundraisers at the library involving alcohol sales and use. The motion is only for a reduction of the fee for weddings in the Bare Mr. Reichart asked if$1,000 was reasonable. Manager Lewis asked Mr. Riston to share the information regarding his own recent wedding and reception. He noted that the State Museum in Harrisburg hosts Mr. Bubb and Mrs. Funk voted in opposition to the motion. Mr. Roland's vote was inaudible. Motion  gatherings.  Center.  wedding receptions and the cost is $1,000.  carried.  MANAGEMENT & OFFICIALS REPORTS  Mr. Reichart asked for any highlights from the reports that were submitted.  There were none. OTHER MATTERS to attend.  President Reichert reminded all that there willl be a Council Budget Workshop on Tuesday, September 24, 20241 from 9:00 AM to 3:00 PM, ini the Municipal Building and that all interested citizens are invited President Reichart announced that there will be a Capital Project Public Workshop at 5:00 PM on Wednesday, September 18, 2024 prior to the Finance & Personnel Committee meeting regarding the capital building projects at 33 and 44 Frederick Street. All interested citizens are invited to attend.  Public Comment:  Sandy Moul: Ms. Moul referenced illegal activities in York and Adams Counties. September Council Meetings & Council Committee Meetings  *Public Safety Committee Governance & Policy Committee Enhancement Committee *Water & Sewer Committee Capital Project Workshop Finance & Personnel Committee Council Budget Workshop Hanover Borough Council: Adjournment:  Tuesday, September 3, 20246:30P PM Monday, September 9, 2024 6:00 PM Wednesday, September 11, 2024 6:00 PM Thursday, September 12, 20247:00 PM Wednesday, September 18, 2024 5:00 PM Wednesday, September 18, 2024 7:00 PM Tuesday, September 24, 2024 9:00 AM to: 3:00 PM Wednesday, September 25, 20247:00 PM  *Committee Meetings willl be cancelledi ifthere is no business. Please advise the Borough Secretary ifyou will be unable to attend any Itwas moved by Mr. Kress, seconded by! Mr. Fuentes to adjourn the meeting at 7:40 PM. Motion carried.  meetings. Be sure too check the website meeting calendara at/ APsCSTNSRX  Respectfully submitted, DAL Borough Secretary    NO.2371 ANORDINANCE  AN ORDINANCE AMENDING ORDINANCE NO. 1796 ENTITLED, "AN ORDINANCE REQUIRING ALL' TENANTS [OF] THE BOROUGH TO FILE REPORTS WITH THE BOROUGH DESIGNATING OCCUPANTS OR TENANTS OF ANY DWELLING UNIT AND ANY CHANGE IN THE OCCUPANCY OR TENANCY THEREOF AND REQUIRING ALLLANDLORDS IN' THE BOROUGHTO DISTRIBUTE SAID REPORT FORMS TO THEIR TENANTS," AS SET FORTH IN CHAPTER 278 OFTHE CODE OF ORDINANCES OF THE BOROUGH WHEREAS, on December 19, 1984, thel Borough Council oft thel Borough of Hanover enacted the Rental Property Ordinance of the Borough of Hanover, Ordinance No. 1796 which hasl been codified in Chapter 278 of the Code of thel Borough of Hanover; and WHEREAS, it is the policy of the Borough Council of the Borough of Hanover to protect and promote the public health, safety and welfare of its citizens and to enable the Borough to determine the taxability of any person under any Borough taxing ordinances  OFHANOVER.  now or hereafter in effect; and Ordinance No. 1796 as set forth below.  WHEREAS, in ordert tof further those policies, the Borough Council wishes to amend BEI IT ENACTED AND ORDAINED by the Council of the Borough of Hanover, York County, Pennsylvania, andi iti is hereby enacted and ordained by the authority of the SECTION1 1: That Section 278-1 of the Code of Ordinances ofThe Borough of Hanover entitled, Defmitions," shall now be entitled "Short Title" and to read asf follows:  same asf follows:  $278-1. Short title.  This Ordinance shall now be known and may be cited as the "Borough of Hanover SECTION: 2: That Section 278-2 of the Code of Ordinances of The Borough of Hanover entitled, "Duties ofLandlord,"s shall nowl be entitled "Denitions" and to read as follows: As used in this article, the following words shall have the following meanings, unless the AGENT - Any person designated by the owner who has charge, care, or control of a CODES -Thel International Property Maintenance Code, International Fire Code, and the Uniform Construction Code, as adopted by thel Borough from time tot time, and any rules OWNER = Any person, agent, operator, firm, corporation, partnership, limited liability company, association, property management group, or fiduciary having legal, equitable or other interest ina any real property; or recorded in the official records oft thes state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of suchj person's estate. When used in this article in a clause proscribingany  Residential Rental Unit Registration Ordinance."  $278-2. Definitions.  context clearly indicates otherwise: residential rental property.  and regulations promulgated thereunder.    activity ori imposing aj penalty, thet term, as applied toj partnerships and associations, shall OWNER OCCUPIED OR OCCUPIED BY OWNER A dwelling unit thati is the primary, permanent: residence and domicile of a natural person who is identified as the owner or 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 notl 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 of taxesi including, but notl limited to, earned PERSON - An individual, firm, corporation, limited liability company, association, or 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 ke.dagettne occupied by the owner, isar residentialrental 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. A residential rental unit includes dwelling units under lease-purchase agreements or Iong-term (greater than six months) agreements for sale, A residential rental unit shall not include al hotel/motel as defined TENANT- Aj person, corporation, partnership, or group, whether or not thel legal owner SECTION 3: That the title of Section 278-3 of the Code of Ordinances of The Borough ofHanover entitled, "Duties ofTenant," shall now be entitled" "Residential Rental Unit Owner's  mean eachj partner, and as applied to corporations, the officers thereof.  income taxes. partnership.  herein or a hospital room utilized for medical services. ofi record, occupying a residential rental unit.  Duties" and toi read as follows:  $278-3. Residential Rental Unit Owner's Duties.  Itshalll be the duty of every owner ofai residential rental unit within the Borough of Hanover to comply with this Ordinance and to keep and maintain the residential rental unit in compliance with the applicable codes and provisions of all other SECTION 4: That the title of Section 278-4 of the Code of Ordinances of The Borough of Hanover entitled, "Duties of Borough Secretary," shall now be entitled "Registration  applicable! Statel laws and regulations and local ordinances.  Requirement" and to read as follows: $278-4. Registration Requirement  A. By January 31, 2025, within thirty (30) days of the creation of a new residential rental unit, and annually thereafter by January 31 of each year, an owner of a residential rental unit within the Borough of Hanover shall file a completed Residential Rental Registration Form with the Borough of Hanover Department of Code Enforcement. A separate Residential Rental Registration Form shall be B. Every completed Residential Rental Registration Form shall be accompanied bya a residential rental registration fee, as set forth in the Resolution of Fees as adopted  required for each residential rental unit.  and amended: from time to time by Borough Council.  2    C. The Residential Rental Registration Form shall contain, but not be limited to, the  following: 2. 4. 5. 6. 7. 9.  1. Name of Owner Address of Owner 3. Phone number and email address of Owner Address of Residential Rental Unit Number of Rental Units Designation of] Rental Units Name of Property Manager/Agent 8. Address of Property Manager/Agent 10. Names and ages of all Tenants 11. Phone number: and email address of all Tenants  Phone: number and email address of Property Manager/Agent 12. A verified certification signed by the Owner that the Residential Rental Unit isi in compliance with applicable Codes and provisions of  all other applicable Statel law and local ordinances.  D. Should therel be a change in any of thei information contained in a filed Residential Rental Registration Form before the annual due date, within thirty (30) days of the change, the owner shall submit a revised and updated Residential Rental Registration Form to the Borough of Hanover Department of Code Enforcement. Nof fee will be required for the filing of a revised and updated Residential Rental SECTION 5: That the title of Section 278-5 of the Code of Ordinances of The Borough ofHanover entitled, "Violations and Penalties," shall now be entitled "Designation of Agent"  Registration Form.  and toi read as follows: $278-5. Designation of Agent.  In the event that the owner of residential rental unit in thel Borough of Hanover does not reside within 401 miles of the corporate limits of thel Borough of Hanover, the Owner shall designate an agent who shall reside in or who shall actively maintain an office located within 40 miles of the corporate limits of the Borough of Hanover. If the owner is a corporation, an agent shall be required if an officer of the corporation does not reside within 40 miles of the corporate limits of the Borough of Hanover. If the owner is a partnership, an agent shalll be required ifaj partner does not reside within 40 miles of the  corporate limits of thel Borough of Hanover.  SECTION 6: That a new Section 278-6 shall be added to the Code of Ordinances of  The Borough ofH Hanover entitled, "Violations and Penalties" to read as follows:  $278-6. Violations and Penalties.  A. The failure of any owner to comply with this Ordinance shall subject the Owner to enforcement in thes same manner as provided for the enforcement of summary offenses under thel Pennsylvania Rules of Criminal Procedure, who shall, upon  conviction, bel liable toj pay a fine as follows: 1. First Offense- $100.00;  2. Subsequent Offense(s) - not to exceed $1,000.00;  plus court costs and thel 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.  B. In addition 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.  3    SECTION 7: Severability. If any 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 SECTION 8: Repealer. Any Ordinance or Resolution, or any portion of any Ordinance or Resolution, of the Borough of Hanover, which is inconsistent with the contents of thej present Ordinance shalll be, and the same isl hereby, repealed insofar as the same is affected by or inconsistent with the provisions of thej present Ordinance. Nothing int this Ordinance hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes ofa action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this SECTION 9: Codification. The Code of the Borough of Hanover, as amended, shall be and remain unchanged and in full force and effect except as amended, supplemented and modified by this Ordinance. This Ordinance shall become a part of the Code of the Borough of Hanover, as amended, specifically Chapter 278 thereof, upon.  portions oft thej present Ordinance.  Ordinance.  enactment.  SECTION: 10: Effective Date. This Ordinance shall take effect and be in full force NOW,THEREFORE, BEITENACTED! ANDORDAINEDI this 28th day of August, 2024 that Ordinance No. 1796 as set forth in Chapter 278 of the Code of Ordinances of The  and effecti in accordance with Section 3301.3 (b) of the Borough Code.  Borough of1 Hanoveri isl hereby amended.  ATTEST: AHHA Secretary  THEI BOROUGH OF HANOVER Council (Vice) President  APPROVED this 28th day of August, 2024.  Mayor  (SALL