190 Johnsonburg Borough Regular Meeting August 14, 2023 4:00 p.m. Call to Order Silent Prayer Pledge of Allegiance Roll Call/Attendance Cherry, Scott Clopp, John DeAngelo, James DePanfilis, James R. Imbrogno, Louie Imbrogno, Tom Kilhoffer, Rachel Maletto, Alfred]. Miller,F Ryan (ARS Engineering) Paget,Kyle Poague, Eric Thomas, John R. Warmbrodt, Richard Title Counciiman Police Chief Councilman Councilman Councilman Street Superintendent Secretary President Engineer/ Codel Enforcement Mayor Councilman Solicitor Councilman Present Absent Excused X X X X x X X X X X X X Johnsonburg Municipal Authority Representative X X Approval of Agenda: Amotion was made by Councilman Warmbrodt and seconded by Councilman Poague to approve the agenda. Motion carried unanimously. Minutes: Amotion was made by Councilman Poague and seconded by Councilman Warmbrodt to approve the minutes from the regular meeting on July 10, 2023, the special meeting on July 19, 2023, and the emergency meeting on. July 20, 2023. Motion carried unanimously. Guests & Public Comment: None present. Monthly Reports Mayor: Mayor Paget reported on community events. Police: Monthly report is on file. Chief Clopp reviewed his report which includedthe The department completed their annual PCCD (juvenile justice) audit. The department assisted with community events held downtown in. July. Chief Clopp thanked the Elk County Commissioners for the Act 13 grant for new tasers and following: stated that the grant paperwork has been closed out. 191 The department has received a resignation letter from part-time officer Ken Heberling. A motion was made by Councilman Cherry and seconded by Councilman Warmbrodt to accept A discussion was held on the issue of tractor trailer traffic on the west end streets of town. The large trucks often get stuck causing property damage. Chief Clopp has asked Domtar to Fire Chief: Monthly report is on file. At their request, a motion was made by Councilman Poague and seconded by Councilman Warmbrodt to release $100,000.00 from the fire equipment fund toi the. Johnsonburg Fire Department fori the purchase of a new fire truck. Superintendent: Monthly report is on file. A motion was made by Councilman Imbrogno and seconded by Councilman Cherry to purchase a new. John Deere 570 mower for $6,917.00 with an estimated trade-in of $1,000.00 for the borough's used 350 mower. Motion carried Council Committees: The finance committee reviewed the half-year budget. the resignation. Motion carried unanimously. educate the trucking companies to stay on truck routes. Motion carried unanimously. unanimously. Finance & Bills for Payment: President Maletto read the borough's account balances and the bills. This month's bills include General Fund $4,783.88, Community Center Fund - $3,251.17, Highway Aid Fund - $630.00, Community Improvement Fund- - $43,591.96, and Street Light Fund-$900.00. A motion was made by Councilman Warmbrodt and seconded by Councilman DeAngelo to pay the bills as presented and to accept the finance report. Motion carried Solicitor: Solicitor Thomas was excused. The public nuisance abatement letters sent to the property owners of 210 Mill St. and 508 Second Ave. were discussed. Ryan Miller gave an Engineer & Code Enforcement Report: Monthly report is on file. Engineer Ryan Miller reported on the collapse of the former theater building at! 528 Market St. and thanked council, Cavalier Roofing, and Bucktail Excavating for responding SO quickly to the emergency. The borough's! 2023 Pennsylvania Department of Community & Economic Development's Local Share Account grant application was discussed. This grant can be used for a wide scope ofc community projects. Projects under discussion were the theater building cleanup and redevelopment, flood control project, a new: street sweeper, and sidewalk replacement. A discussion was held on the Community Development Block Grant (CDBG) projeçts that were recently awarded which are the. Julia St Stormwater Project and the. Johnsonburg, Hotel Site Cleanup. Both projects are projected to be completed by the end of the year. unanimously. update on the condition of the Pena property at! 508 Second Ave. 192 Municipal Authority: Minutes are on file. Recreation Board: Meeting minutes and reports are oni file. The publicworks committee will meetwith the recreation board to discuss some proposed projects for the center. Old Business: 1. A motion was made by Councilman Warmbrodt and seconded Councilman Poague to purchase two additional trash cans for Market St. Motion carried unanimously. This purchase will be partially funded by a grant through the. Johnsonburg Endowment Fund. New Business: 1. A motion was made by Councilman Poague and: seconded by Councilman Warmbrodt to allow St. John Lutheran Church to close a portion of Church St. on September gthfrom 7:00 a.m. -5 5:00 p.m. for their annual festival. Motion carried unanimously. 2. A motion was made by Councilman Poague and seconded by Councilman Cherry to set trick ort treat for October 28thf from 5:00-7:00 p.m. by porchlight invitation only. Motion carried A motion was made by Councilman Poague and seconded by Councilman Imbrogno to close Market St. from the gazebo tot the community center from 3:00 - 5:00 p.m. for the annual 3. Amotion was made by Councilman DeAngleo and seconded by President Maletto to allow Secretary Rachel Kilhoffer to attend the Pennsylvania State Association of Boroughs Fall Leadership Conference in Erie on October 13th and to pay any expenses incurred. Motion 4. A motion was made by Councilman DePanfilis and seconded by Councilman Poague to allowthe treasurer to open PLGIT accounts. Motion carried unanimously. 5. Upon the request of al local business, the public works committee will research a location 6. AI motion was made by Councilman Poague and seconded by Councilman Warmbrodt to applyfor the 2023 DCED LSA grants as previously discussed and to allow ARS Engineering to 7.A A public hearing willl be held on August 23rd at 6:00 p.m. to review thei intermunicipal Adjournment: Amotion was made by Councilman DeAngelo and seconded by Councilman Warmbrodt to adjourn the meeting at! 5:20 p.m. Motion carried unanimously. unanimously. Halloween parade. Motion carried unanimously. carried unanimously. for them to receive dumpster service. applyo on our behalf. Motion carried unanimously. transfer of a liquor license on behalf of Nittany Mart. Rachel Kilhoffer Secretary 193 Johnsonburg Borough Special Meeting & Public Hearing August 23, 2023 4:00 p.m. Call to Order Silent Prayer Pledge of Allegiance Roll Call/Attendance Cherry, Scott Clopp, John DeAngelo, James DePanfilis, James R. Imbrogno, Louie Imbrogno, Tom Johnsonburg Municipal Authority Kilhoffer, Rachel Maletto, Alfred] J. Miller, Ryan (ARSE Engineering) Paget, Kyle Poague, Eric Thomas, John R. Warmbrodt, Richard Title Councilman Police Chief Councilman Councilman Councilman Street Superintendent Representative Secretary President Engineer/ Code Enforcement Mayor Councilman Solicitor Councilman Present Absent Excused x X X X X X X X X X X X X President Maletto turned the meeting over to Solicitor. John Thomas. Business: Solicitor Thomas explained the purpose of the public hearing was to review the proposed acquisition of the Aiello's Café (Ridgway, PA) liquor license to the Nittany Oil Company at their location at the Nittany Mart (former Old Brickyard) store at 6827 Ridgway Johnsonburg Rd., Johnsonburg. The. Johnsonburg Borough is required to advertise to the public Attorney Mark Kozer, Flaherty & O'Hara of Pittsburgh, was present toi inform council ont the business model oft the Nittany Mart corporation and the staff training required for serving and hold al hearing for public comment. alcohol. There was no public comment submitted. Ar motion was made by Councilman DePanfilis and seconded by Councilman Cherry to adopt Resolution 03-2023 which supports the intermunicipal transfer oft the liquor license. Motion carried unanimously. Adjournment: President Maletto adjourned the meeting at 6:14 p.m. snh Rachel Kilhoffer, Secretary JOHNSONBURG BOROUGH RESOLUTION NO. 031043 OP) AJ - RESOLUTION OF JOHNSONBURG BOROUGH, ELK COUNTY, PENNSYLVANIA, APPROVING THE TRANSFER OF RESTAURANT LIQUOR LICENSE NO. R-16446 BY NITTANY OIL COMPANY,INC. INTOJOHNSONBURG BOROUGH WHEREAS, Act 141 of2000 ("the Act") authorizes the Pennsylvania Liquor Control Board ("PLCB") to approve, in certain instances, the transfer of restaurant liquor licenses across municipal boundaries within the same county regardless of the quota limitations provided fori in Section 461 ofthel Liquor Code ifs sales ofl liquor and malt or brewed beverages are legal in the municipality receiving the license; and WHEREAS, the Act requires the applicant obtain from the receiving municipality a resolution or ordinance approving thei inter-municipal transfer of the liquor license prior to the applicant's submission of an application to the Pennsylvania Liquor Control Board; and WHEREAS, the Liquor Code stipulates that, prior to adoption of a resolution or ordinance by the receiving municipality, at least one public hearing be held for the purpose of permitting individuals residing within the municipality to make comments and recommendations regarding the applicant'si intent to transfer a liquor license into the receiving municipality; and WHEREAS, an application for transfer filed under the. Act must contain a copy of the resolution adopted by the municipality approving the transfer ofal liquor license into the municipality. NOW, THEREFORE, BE ITI RESOLVED, that Nittany Oil Company, Inc. has requested the approval of the Council Members ofJohnsonburg Borough for the proposed transfer of Pennsylvania Restaurant Liquor License No. R-16446 from Aiello's Café, Inc., formerly located at 102 North Broad Street, Ridgway, PA 15853 to Nittany Oil Company, Inc. to a convenience store/restaurant facility to be located at 6827 Ridgway-Johnsonburg Road, Johnsonburg, PA 15845, with the understanding that said transfer must be approved at al later date by the Pennsylvania Liquor Control Board; and BEI ITI FURTHER RESOLVED, that the Council Members of Johnsonburg Borough had held a properly advertised public hearing pursuant to the notice provisions of $102 ofthe Liquor Code to receive comments on the proposed liquor license transfer; and BEI IT FURTHER RESOLVED, that the Council Members of. Johnsonburg Borough approves by adoption oft this Resolution the proposed intermunicipal transfer of Pennsylvania Restaurant Liquor License No. R-16446 to Nittany Oil Company, Inc.; and (F2902142.1) BEITE FURTHER RESOLVED, that transfers, designations and assignments oflicenses DULY ADOPTED this Bholday of Apst 2023, by the Council Members hereunder are subject to approval by the Pennsylvania Liquor Control Board. ofJ Johnsonburg Borough. ATTEST: Aachal BY: mmaidin dupg (F2902142.1)