1-  EAST BERLIN BOROUGH COUNCIL 128 Water Street, East Berlin, PA 17316  Call to Order: The monthly meeting oftl the East Berlin Borough Council was held Wednesday, April 14,2021, at the East Berlin Borough Hall. The meeting was opened with the Pledge of Allegiance at 7:00 PM. Members Present: Roberta Teal, James LeVan, Donald Dixon, David Meixner, Charles Krall, Jason Wood,  and Anne Geiger.  Members Absent: Mayor Keith Hoffman  Also Present: Solicitor Matthew Battersby / Secretary Treasurer Cindy Smith  Guests Constituents present in person & remotely: Walt Geiger, Chris Warner - Borough Emergency Management Coordinator (EMC), Robin Heyser- EBACC, Emma Diehl, Jim Hale - Gettysburg Times, Bill Powell, Approval of Agenda: James LeVan motioned to approve the agenda second by Don Dixon. Motion carried.  Bev Jadus, Steve Haley, Jan Hoffman.  Solicitor Battersby Report:  There has been no contact from the Old Firehouse contractor with regard to the roof patch / repair.  No updates with regards to EBACC building Transfer ofTitle. Inter-municipal Agreement (discussed under old business)  Constituents Address Borough Council-  Robin Heyser acknowledged receipt oft the Letter of Intent 14 Agreement of Sale between the Borough and the EBACC . Joint Commission and will be meeting with the associated Municipalities to discuss the letter. Emma Diehl Announced a newly formed group called Friends of the Trone Memorial Library a non-profit  arm oft the Library.  Steve Haley introduced himself as Chairman ofthe Parks and Recreation Commission.  Mayor's Report read by Roberta Teal:  Reviewed the 15 incidents from the March Police report.  Anne Geiger distributed a copy oft the Petition /Court Order stating that Mayor Keith Hoffman is ineligible to runi for Borough Mayor due to the fact he is not a Borough Resident. She reviewed the relevant Borough Code regarding filling Mayoral Vacancies. Anne Geiger motioned to appoint an eligible resident ofthe Borough to fill the vacant position oft the Mayor second by Jason Wood. By roll call vote 4 No/3 Yes. A copy ofthis Jan Hoffman interjected her opinion and commented during the Council discussion that she is saddened to see signatures oft the Council Members on the petition supporting Mayor Keith Hoffman running for the 2021 Solicitor Battersby stated the Mayor's residency status is a highly unique and unusual situation. Jason Wood motioned to direct Solicitor Battersby to mail a Certified Letter proving his residency in the Borough or resign from the position of Mayor within 72 hours; letter would be mailed April 15, 2021 by Solicitor Battersby  Petition / Court Order is located in the Borough Correspondence file.  Election.  second by James LeVan. By roll call vote, motion carried.  Approval of the Minutes: Motion carried. Committee Reports: Finance: - Roberta Teal  The March 10, 2021 meeting minutes were approved as presented by James LeVan with second by David Meixner.  Council acknowledged the Profit and Loss statement.  Acknowledged receipt of the 2020 Annual Borough Financial Audit by Rotz/ Stonesifer Accountants. As summary oft the bills paid for March totaling $49,844.91 was reviewed. A motion was made to pay the  March bills by Charles Krall and second by Donald Dixon. Motion carried.    2-  Streets/ Maintenance:  David Meixner read and reviewed the Borough Maintenance Report.  David Meixner motioned to seek a different Engineer to obtain an Estimate from a different Engineering firm in order to continue moving forward with the ADA ramp project, second by Jason Wood. By roll call vote David Meixner motioned for Attorney Battersby to draft a "Chicken Ordinance" to include appropriate David Meixner motioned to draft an Ordinance to increase the Membership from 5-7: members with two alternates, second by Anne Geiger. James LeVan stated that upon review oft the Draft Ordinance he will make Anne Geiger advised the Council that an application for Board Appointment is available on the website. James LeVan motioned to re-appoint John Schlaline to another 4-year term on the Planning Commission James LeVan motioned to appoint Bill Staub to the East Berlin Area Joint Authority Board for a 5-year term, James LeVan reported that after many years of employment, Don Myers will be retiring and a search will be Anne Geiger motioned to draft al Resolution updating the Secretary/Ireasurer Position description tol Borough Roberta Teal updated the Council stating that the Prom Celebration will be held May 1st at the Park Pavilion. Charles Krall motioned to approve an expenditure of $4,350.00 for a pesticide application to treat the invasive  4No/3 Yes. Planning/Zoning:  language and fee schedule, second by Donald Dixon. Motion carried.  his decision on the increase of membership numbers. By roll call vote 2 No/5 Yes.  Personnel:  second by David Meixner. Motion carried. second from Charles Krall. Motion carried. underway for an employee to fill his position.  Administrator/lreasurer, second by Jason Wood. Motion carried.  Parks and Recreation:  Roberta Teal updated the Council that the Food Truck Event will be on May 8th 4-7PM plant species in Kuhn's Woods second by David Meixner. Motion carried. Roberta Teal reported that the Annual Easter Egg Hunt at the Park was a success.  Communications: NoI report New Business:  Chris Warner, EMC gave a briefpresentation regarding the 2021 Fire Department Box Cards. Subsequent to that presentation, Charles Krall motioned to approve the 2021 Municipal Box Alarm Card Form, second by An motion by Charles Krall to order 2 signs stating that, two parking spaces are reserved for Servants Way Church, 511 West King Street, reserved from 8. AM - 12 noon, by Order oft the ChiefofPolice, second by Charles Krall motioned to approve the Inter-Municipal Agreement as presented by Solicitor Battersby, in regards to sharing Personnel Resources between the Borough and the East Berlin Area Joint Authority, second David Meixner distributed copies oft the document obtained through a Right-to-Know Request submitted by Anne Geiger regarding the payroll records oft the Chief Seitz. He stated that after review oft the documents, there was no stop inj pay that had resulted from the disciplinary action / suspension taken by Council against the Chief at the December 2020 Council Meeting. Roberta Teal requested that the Secretary, Cindy Smith explain the timeline of events which occurred pertaining to this information during the month ofl December. Solicitor Battersby explained that the notification ofs suspension which he was instructed to draft subsequent to the December meeting; was for the dates ofI December 20, 2020 through January 3, 2021. Jason Woods stated  James LeVan. Motion carried.  Adams County SPCA donation request was tabled until fall.  David Meixner. Motion carried.  Old Business:  by David Meixner. Motion carried.    -3-  that the Chiefonly works 26% oft the time or 401 hours of 1681 hours and that the town would not be endangered by the Chief's suspension. Anne Geiger stated this situation should have been handled with transparency and was not. David Meixner stated that the option to take vacation time in lieu of unpaid time for as suspension had never occurred at any. job he has had. Jason Woods stated that he was never suspended for two weeks however was unaware oft the right to exchange vacation time for an un-paid suspension. Solicitor Battersby stated that the sacrifice ofv vacation time was ai monetary sacrifice in exchange for the suspension; therefore, by law he is permitted to sacrifice his vacation time. James LeVan read and confirmed the dates of vacation and: regular pay from the timecard records. Anne Geiger asked the Personnel Chair, James LeVan, what he thought? James LeVan stated he needed time to review the information presented. Anne Geiger stated she submitted the Right-to-Know Request because the information she had received regarding the situation was concerning. The Council deferred review oft the situation to the Personnel Committee. James LeVan committed tol have a taçe-to-face Personnel Committee meeting to come up with some recommendations for  the situation. Correspondence:  Training and Webinars Available EBAJA Meeting Minutes Fire Department Reports  Closure:  The next meeting is scheduled for Wednesday, May 12, 2021, 7:00 PM at the Borough Hall. Donald Dixon  motioned to adjourn the meeting, second by David Meixner at 9: PM.  Respectfully submitted, Cindy Smith, Secretary/Ireasurer