MOUNT JOY BOROUGH COUNCIL December 2, 2024, Minutes The Mount Joy Borough Council held its regular meeting on December 2, 2024. President Hall called the meeting to order at 7:00 PM. Roll Call- Present were Councilors Matthew Crider, David Eichler, Mary Ginder, David Greineder, Bruce Haigh, William Hall, Philip Kark, Brian Youngerman and Mayor Timothy Bradley, Jr. Staff present were Manager, Mark G. Pugliese 1; Grants, Projects, and Community & Economic Development Administrator, Rachel Stebbins; Property Building Inspector, Paul Paulsen; Public Works Crew Leader, Jacob Houck; Sergeant Nathan Reed and Administrative Assistant, Lisa Peffley. Absent were Councilor, Lu Ann Fahndrich, Chief Robert Goshen, Public Works Director, Dennis Nissley, Codes and Zoning Officer, Brett Hamm and Assistant Borough Manager/Financial Director, Jill Frey. Mayor Bradley gave the invocation, and the Pledge of Allegiance followed. Executive Session - There were no Executive Sessions held by Council between November 4, 2024, and December 2, Onal MOTION by Kark, and a second by Haigh, a request was made to accept the agenda for December: 2, 2024, Borough Ned Sterling, 13W. Main St., asked for an update on 101 W. Main St. and what the owner decided he was going to do. Bryan Smith, 1101 Wood St., said he has some concerns with the property beside him at 1087 Wood Stand the proposed apartment building. He said according to the picture it looks like it would be right up against his property, and he would have no privacy. He said he also has concerns about parking. He asked Council not to approve itt tonight. Keyana Smith, 1101 Wood St., said her concern with the proposed apartment building beside her property at 1087 Wood Street is privacy and the footprint ity would make on that property and the effects ity would have on the newly paved roads by 2024. Council meeting. Motion carries unanimously. Public Input Period upsetting all of the land and also the foundations of the existing homes. Mayor Bradley provided a written monthly report for November 2024. Report of Mayor Report of the Chief of Police Robert Goshen, Police Chief, provided a written monthly report for October 1, 2024, through October 31, 2024. The report showed 441 traffic arrests and 42 criminal arrests for the month. There was ai total of 669 incidents for the month of October, with at total of 6,732 incidents year to date. Report of Fire Department Mount Joy (FDMJ) Report of PSH Life Lion LLC Report of EMA Brett Hamm, FDMJ Fire Chief, provided a written monthly report for October 2024. Scott Buchle, Director, provided a written report for October 2024. Phil Colvin provided ay written report for October 2024. Report of the Milanof-Schock Library (MSL) Joseph Mclhenney provided a written report for October 2024. Report of Codes/ Zoning & Stormwater Administrator Brett Hamm, Codes, Zoning & Stormwater Administrator, provided a written monthly report for November 2024. Report of Grants, Projects, and Community & Economic Development Administrator Rachel Stebbins, Grants, Projects, and Community & Economic Development Administrator provided a written monthly report for November 2024. Report of Public Works Director Dennis Nissley, Public Works Director, provided a written monthly report for November 2024. 1 Report of the Borough Authority Manager Scott Kapcsos, Authority Manager, provided a written monthly report for November 2024. Report of the Assistant Borough Manager/Finance Officer Jill Frey, Assistant Borough Manager/Finance Officer, provided a written monthly report for November: 2024. Mark G Pugliese I, Borough Manager, provided a written monthly report for November 2024. Report of the Borough Manager Approval of the Minutes of the Previous Meeting meeting held on November 4, 2024. Motion carries unanimously. held on November 7, 2024. Motion carries unanimously. On a MOTION by Greineder, and a second by Kark, approval was given for the minutes of the regular Borough Council On a MOTION by Greineder, and a second by Haigh, approval was given for the minutes of the Special Budget meeting On a MOTION by Greineder, and a second by Haigh, approval was given for the minutes of the Special Budget meeting held on November 12, 2024. An AMENDMENT by Kark, and as second by Ginder, a request wasi made to addi to ther minutes that the video conterenengaudioNvisual equipment was not functioning properly preventing the Mayor from participating Deering said it was al busy November with the bid opening on November 14th and then the Ad Hoc meeting on November 18th. Included in the packet is the spreadsheet ofa all the bid results. Vukmanic said the new bid results came in roughly between $760,0001 to $800,000 under the original bid with the changes that were made tot the original plan. Hall asked Council to look at this information and it will be on the January Council agenda on whether or not to award the! bid. after his brief attendance. Amendment passes. Main motion carries as amended unanimously. Building Ad Hoc Committee Garrett gave an update on the financing information based off of the revised bid. Administration and Finance Committee Concept Briefing/rezoning 100 New Haven St Todd Smeigh, DC Gohn, Steve Hammond of Berkshire Hathaway, Rich Santoen and Ted Worrall with Best Built Real Estate presented to Council preliminary plans for possible rezoning and an adaptive reuse project oft the existing historical Church. The adaptive reuse proposedi is studio and one-bedroom: apartments which is currently not allowed in that zoning district. They would like to solicit feedback from Council to see ift they should proceed with the plans or not. Council's concern is with the higher density and the effects on parking and asked him to come back with smaller number of units to help with the density and parking issues in that area. Hall commented that he likes the concept but not the density. The Mayor asked about the possibility of adjusting the plans to make it match the Concept Briefing/rezoning 1087 Wood St- Brian Lehman of BML Rentals, asked for Council's thoughts on his plans for rezoning from light industrial to medium or high density residential for possible multi dwelling units, apartments or townhouses. Haigh said he talked to people in the neighborhood and some of them would not be in favor of that. He said itis not within the character of that neighborhood. The Mayor voiced his concerns regarding higher traffic volume and also the character of the neighborhood and said he is not in favor of it either. Kark said he would lean toward rezoning and improving the property. Hall commented on the stormwater issues in that area and the possible effects the additional impervious surface would have on it. Lehman asked if Council would be ok with medium density residential. The Mayor On a MOTION by Youngerman, and a second by Kark, a request was made to approve RETTEW's 2025 Engineering of Ona al MOTION by Youngerman, and a second by Eichler, a request was made to accept a bid from IGS and authorize the Borough Manager to execute said agreement for a period of three (3) years. Motion carries unanimously. Youngerman turned the floor over the President at this time regarding a public hearing on Ordinance 04-2024. President Hall said at this time he will open up a public hearing for Ordinance 04-2024, an Ordinance to amend the Mount Joy Borough Code of Ordinances, Chapter 270, Zoning, to add Regulations Governing Short-term Rental Units. Said Ordinance is to be enacted under Pennsylvania Municipalities Code ("MPC)requires that Borough Council conductal Public Hearing on the proposed Ordinance. At this time, he will entertain a motion to open the Public Hearing on Ordinance 04- current allowed density. said he would be ok with that. Record proposal. Motion carries unanimously. 2024 as it pertains to short-term rentals. 2 On a MOTION by Greineder, and as second by Kark, to open al Public Hearing on Ordinance 04-2024, as it pertains to short The Manager stated that he would like to add to the Minutes that this Public Hearing was advertised in both the Friday, November 15, 2024, and the Friday, November 22, 2024, editions of LNP as required by the PA Borough Ordinance. Council should have copies of the correspondences with the Borough Solicitor stating as such. He would also add to the record that the Public Hearing was posted in accordance with the PA Shine Act at least 24 hours prior tot tonight's meeting both posted on the Borough website and posted on the two boards at the entrances to the building. Lastly, he would like to call to Council's attention that you should have a copy of the Ordinance as well as the correspondence from the Lancaster Hall now provided an opportunity for the public to comment regarding Ordinance 04-2024, Short-Term Rentals. Sammuel. Allen, 102 N. Market St., lam! here, speaking from the point of view of someone that has short-term rentals, and Stacy, Zoning Officer's predecessor, helped me start it. Iti is located at 109 North Market Street, which is right across from Bubes Brewery. We call it the Malt Baron's Mansion. It's a large brick structure, a home, an old mansion on the corner of Frank and North Market Street. We've been renting it as short term for quite a few years now, and when! first goti it, Stacy said that our Borough had an ordinance requiring a lease, but the ordinance did not state any length oft term oft that lease. So,Isaid, well, and she saidy youj just have tol have al lease. So, every one of my tenants that comes and stays int that lodging has a lease. So that's how we've handled its sot far. Now you're proposing, Iguess, to make an ordinance about such things. My comment would be I'd hate to lose a privilege thatl Iwas given years ago, obviously, and we put al lot of money into the building to turn iti into a pleasant short-term lease, situation and the part oft town, it's right across from Bubes Brewery, and we already have al hotel there. A couple of comments for the Council's consideration is nobody's going tol build al Hampton Inn in town. That's justr not going to happen. You, as Borough Council members, do, have the part or in charge to decide to some degree, whati is appropriate in the Borough and where. You! have al lot ofi influence overt that, and it's good yous should. Int this particular case, with lodgingi in our hotel, the! hotel is from the 1870's, andy we've been renting hotel rooms. We actually have a requirement tol have hotel rooms in an old hotel like ours, because we don'thave: al liquor license without hotel rooms. The old-time requirement was, ify you wanted to run a tavern, you had to be able to feed people, take care of their horses and lodge them, and our licensei is sO old that we: actually have tol have hotel rooms ini thel hotel. Ofc course, across the street is al little different and my gut reaction is to encourage you to consider case by case. Idon'th know how youwould be allowed to do such some parts of town, maybe you don't want short term lodging, but it is very helpful for any town, and this goes back as far in history as you want to look at lodging in a town. It's nice to havel lodging, and again, you're not going to geta Hampton Inni in this town but Airbnb style lodging, I'ver researched ita good bit. I'vel been running iti for many years now and it reminds me of when people put in rail trails, you know at first, everybody in this county just hated them. Now all the property values go up. We're not having people trespass on our property constantly, and they're mostly very happy with them. Most people would not be unhappy now, parking is a consideration in some parts oft town that would certainly be true. In my particular case if you go to the two neighbors right next to where I'm talking about, you'd be talking to me, sO you know, I don't. Please don't worry about that, at least in this particular case, because I'd be coming here and saying, well, yeah, it's okay that next to this property, lown, is Airbnb, becauseld own that property. Anyway, I've been here al long time. Many of you probably know I've been here for 45 years now, and I care about this town quite a bit. I do love that our customers come there. As short-term lease customers, now, you know it depends on how you handle it. You don't want one big building with, you know, 20 single rooms, and in poor condition, that gets you a certain kind of customer. Buti if within the concept of your approval, if you have al building like we have here, where it's in wonderful shape. You don't get Airbnb or short-term type tourist customers if the place looks ramshackle, you're not going to get that. Ith has to be nice and we afford the budget to keep it in better shape than a lot of the apartments are in this town. The people that come to us, love to walk the town, they enjoy the downtown. I've had people literally get off of the train at the train station here, roll their bag al block up the street, and stay, which It think is kind of cool, that that we're actually using it like iti in the old days when youg got off thei train station went across thes streett tot thel hotel. Wel have that actually happen. I've! had people from! Manhattan on a somewhat regular basis and Philadelphia and other points in between. Get off the train right here, and actually use that nice train station as it was intended to be used. I wish I'd been able to read the ordinance. Id couldn't find it. I should have showed up here. But as a restaurant person, Ijust want to make sure you at least heard a point of view thati in certain circumstances, I think, and it should be considered. Again, maybe check with the neighborhood like you have with these apartment projects you're talking about. I'm sure, in some cases with just a few rooms, and if they're kept in nice shape, and the neighbors don't mind. Again parking is a consideration. In our particular area, parking isn't much of a problem because we have off-street parking and parking right outside plenty of on-street parking right near this particular property. lencourage you to strongly consider it because most people who come from tourist type, short term lodging, tend to be Josh Deering, 33 Frank St., said from the Planning Commission side, this was a long process to get what you! have in front ofyou. This has been over a year in the making. There was al loto of discussion. Some oft the counselors probably remember some of that discussion. They've been at the planning commission meetings for that discussion to limit this to just the commercial business district that was There was al lot of discussion around that some folks thought its should be youl know, term rentals. No vote taken. County Planning Department. people who are there to spend money in town. 3 Borough wide, you know. Why should it be limited toj just certain areas and there was a lot of discussion around that. You know, some people that live in a low density residential could have a large house like maybe a 6 bedroom, 3 bath house, and want to rent or do an Airbnb but this ordinance will not allow that so there was al lot of discussion. Hall said he would entertain a motion to close public comment. Onal MOTION by Greineder, and a second by Youngerman, a request was made to close public comment. Motion carries Hall said having heard public comment, Council has before you Ordinance 04-2024 for discussion or motion. What are your wishes? Hall stated that Council has 60 days from the date of the second publication which was November 22nd,, the advertisement of the public hearing, to make a decision. So, Council could make it tonight or make it at some other point Mayor Bradley commented he is strongly against allowing short term rentals in residential neighborhoods. He commented that this is where people are trying to raise their children and trying tor raise a family and by allowing short term rental within those residential neighborhoods ith brings in extremely transient populations. Het thinks it's ai telltale sign when even yous see those vacation areas of the United States start to really, really tighten the clamps down on certain transient populations coming in and how that's impacting their community because they see that it brings with ita al host of problems. He said we need to preserve the community and preserve those areas and neighborhoods where people are trying to raise their family. The way to thati is limiting the areas that would be suitable for short term rentals and thati is noti in the middle ofa a residential On a MOTION by Greineder, and a second by Haigh, a request was made to close the Public Hearing on Ordinance 04- On a MOTION by Haigh, a request was made to adopt Ordinance 04-2024, Amending Chapter 207 to add Short-Term On al MOTION by Youngerman, and a second by Kark, ar request was made to adopt Ordinance 05-2024, adding Chapter 205 to Rental Code. After discussion the following Motion was made. On a MOTION by Youngerman, and a second by On a MOTION by Youngerman, and a second by Kark, a request was made to adopt Ordinance 06-2024, Property On a MOTION by Youngerman, and a second by! Kark, a request was made to adopt Ordinance 07-2024, an ordinance to levy thei tax rate for all taxable real properties within the Borough of4 4.74 mils for 2025. Greineder noticed the wording/mils amount oft the motion does not match the wording/mils oft the Ordinance. An AMENDMENT by Haigh, with a second by Youngerman to change the wording of main motion from 4.74 mils to 4.75 mils. Amendment passes. Main motion as amended carries. The Mayor commented that he will not veto this buth he willr not be signing this Ordinance either. Therefore, the Ordinance will sit for 10 days and after those 10 daysi it will go through. The Mayor stated he was disappointed that the Borough came to this level oft taxi increase after only two sessions of hearing and as he stated earlier due to the technical Ona a MOTION by Youngerman, and a second by Kark, a request was made to adopt Highway Aid 2025 Budget as Ona al MOTION by Youngerman, and a second by Kark, a request was made to adopt the Refuse 2025 Budget as presented. OnaN MOTION by Youngerman, and as second by Kark, a request was made to adopt the Capital Funds Budget for 2025 as On al MOTION by Kark, and a second by Greineder, a request was made to approve the General Fund Budget for 2025 as presented with Revenues and Expenditures at $6,069,651.00. Motion carries 7-1, Youngerman voting no. On al MOTION by Eichler, and a second by Crider, ar request wasi made to approve Voyage Mount Joy to! host Fresh Brews of Mount Joy on Saturday, April 26, 2025. Motion carries 7-1 on a roll call vote. Crider, Eichler, Greineder, Ginder Haigh, unanimously. as long asi iti is within the 60 days. neighborhood. 2024. Motin carries unanimously. Rentals. Motion fails due to lack of second. Kark, a request was made to lay the Motion on the table. Motion carries unanimously. Maintenance Code. Motion carries unanimously. issues at the Borough, he was unable to bei involved. presented. Motion carries unanimously. Motion carries unanimously. presented. Motion carries unanimously. Report of the Public Safety Committee Youngerman and Hall voting yes. Kark voting no. Fahndrich absent. On a MOTION by Eichler, and a second by Crider, a request was made to eliminate parking along the east side of Delta Street between Main Street and Henry Street, to adopt 2-hour parking for the two parking spaces along the west side of Delta! Street between Main Sta and Henry Street, andi to authorize the Borough Solicitori to prepare and advertise an ordinance Onal MOTION by Ginder, and as second by Greineder, ar request was made to approve Contract #1, Columbia Ave., Barbara St., and' Walnut St. ADA Curb ramps and authorize advertising and bidding. Motion carries unanimously. Ona al MOTION by Ginder, and a second by Greineder, a request was made to approve Contract #2, Walnut St. Paving and On al MOTION by Ginder, and as second by Greineder, a request was made to approve Contract #3, Bituminous Seal Coat On a MOTION by Ginder, and a second by Greineder, a request was made to utilize Lancaster County Career and Technology Center welding students to build and install an iron railing at the bleacher area Kunkle Field with the Borough to reflect this motion. Motion carries 7-1, Youngerman voting no. Report oft the Public Works Committee authorize advertising and bidding. After discussion Ginder withdrew the motion. and authorize advertising and bidding. Motion carries unanimously. being responsible for cost of materials. Motion carries unanimously. Public Input Period Josh Deering, 33 Frank St., commented on current Airbnbs currently in the Borough. Justin Hoak, 20-22 E Main St., requested al loading and unloading sign on Delta Street. Any other matter proper to come before Council Donegal School District Mini-thon Report of aggressive Driving Enforcement Wave 1 Authorization to Acknowledge the Payment of Bills The Mayor would like to see al loading and unloading sign on Delta Street and would like Council to consider this. Onal MOTION by Kark, and a second by Youngerman, Council approved paying the bills as presented. GENERAL FUND REFUSEIRECYCLING CAPITAL IMPROVEMENTS FUND HIGHWAY AID FUND ESCROWFUND JOYLAND ACCOUNT GRAND TOTAL EXPENDITURES Motion carries 7-1, Hall voting no. Meetings and dates of importance Executive Session None Adjournment carries unanimously. Respectfully Submitted, - - Mark G. Pugliese Borough Manager/Secretary $ $ $ $ $ $ $ 180,812.70 189,202.51 208,710.86 578,726.07 See the green calendar for the month of December 2024. On a MOTION by Greineder, and a second by Ginder, approval was given to adjourn the meeting at 11:07PM. Motion 5