2019-1 STRASBURG BOROUGH COUNCIL JANUARY 8, 2019 … · LED lights. She also reported that she, Jim...

2019-1

STRASBURG BOROUGH COUNCIL

JANUARY 8, 2019

MINUTES

Members Present: Ray Garraffa Jim Rice

Dave Dunn Will Hutchinson

Dale Spaulding

Others Present:

Bruce Ryder, Mayor Richard Wolfe

Lisa M. Boyd, Borough Manager Frank Pellicore

F. Steven Echternach, Chief of Police Fred Shupp

Lynn Commero, LNP Dave Felpel

Beth Gunnion Sally Reinhart

Denise Waller Richard Waller

Marilyn Weaver Kimberly Brotzman

LaJune Ranck Mark Francis

CALL TO ORDER AND PLEDGE TO THE FLAG: Council Vice President Ray Garraffa

called the meeting to order at 7:30 p.m., followed by the salute to the flag. Vice President

Garraffa announced that the meeting is being audiotaped and maintained until the minutes are

approved. The Borough Manager took the roll call.

REQUESTS TO BE HEARD: Kim Brotzman, 47 East Main Street, was in attendance and

stated that she was opposed to the Rutter’s video gambling application because it will create

problems and noted that it is not going to benefit our tax base or help to build a better Strasburg.

Mayor Ryder stated that Borough Council is also opposed to the video gambling but a few years

ago the state legislature passed a special law authorizing video gaming terminals in convenience

stores that met certain requirements and did not give the municipalities any ability to object. He

noted that there is an item on tonight’s agenda for Borough Council to take action against the

video gaming terminals because our Zoning Ordinance has certain language that we believe

gives us some control. Members reminded Ms. Brotzman that at their December meeting,

Borough Council voted and took a position opposing Rutter’s Zoning Hearing Board application

and sent a letter to Rutter’s expressing the Borough’s discontent with their application.

Residents were encouraged to contact their state legislators with their concerns or to attend the

January 21, 2019 Zoning Hearing Board. Mayor Ryder stated that testimony was closed at the

December Zoning Hearing and no new comments will be accepted at the January hearing. At the

December Zoning Hearing, Mayor Ryder did request and was granted approval for our Solicitor

to write a legal brief regarding the application which is due on January 14, 2019. The ability to

submit a legal brief was also granted to Rutters’ Solicitor.

MINUTES OF DECEMBER 11, 2018: A motion was made by Dave Dunn, seconded by Jim

Rice to approve the minutes of the December 11, 2018 meeting as printed. Motion carried with

Members Garraffa, Rice, Dunn and Hutchinson casting assenting votes. Member Spaulding

abstained from voting because he was not in attendance for the meeting.

2019-2

REPORTS:

MAYOR – Mayor Ryder stated that 8-10 East Main Street was accepted into the

Redevelopment Authority’s Vacant Property Reinvestment Program and an inspection is

scheduled and they will follow-up with the property owner.

PRESIDENT – President Chiodo was not in attendance for the meeting.

MANAGER – The Borough Manager’s written report for December 2018 was received

and accepted. She added that Synergy Auto applied to the Zoning Hearing Board for a Special

Exception and Variance to expand the parking lot to the rear of their property and reminded the

members that they can take a position regarding the application. Mayor Ryder stated that he

believes it is a good idea because it solves some of the parking problems in that area and parking

off of the street is a good thing. He added that they are applying for a pervious parking lot which

allows rain to soak into the ground. Dave Dunn stated that he likes that they are also proposing

to install a sidewalk in front of the property with a chain barrier to improve safety.

A motion was made by Dave Dunn, seconded by Dale Spaulding and passed

unanimously to authorize the Borough Manager to send a letter to the Zoning Hearing Board

supporting Synergy Auto’s application to expand their parking lot.

POLICE – The Police Department’s report for December 2018 was received and

accepted.

PUBLIC WORKS – The Public Works report for December 2018 was received and

accepted.

ZONING OFFICER – The Zoning Officer’s report for December 2018 was received

and accepted.

CONSENT AGENDA: A motion was made by Dale Spaulding, seconded by Will Hutchinson

and passed unanimously to approve the following items on the Consent Agenda:

PAYMENT OF BILLS IN THE AMOUNT OF $97,559.03

HISTORICAL ARCHITECTURAL REVIEW BOARD CERTIFICATE OF

APPROPRIATENESS – 131 E MAIN ST

REAPPOINTMENT/APPOINTMENT OF BOARD MEMBERS HARB Tom Lainhoff 5 years until December 31, 2023

Planning Commission Mary Dresser 4 years until December 31, 2022

Planning Commission Dave Felpel 4 years until December 31, 2022

Borough Authority Harold Wiker 5 years until December 31, 2023

Tree Committee Gil Pratt 3 years until December 31, 2021

Tree Committee Mary Dresser 3 years until December 31, 2021

Tree Committee Brad Botchlet 3 years until December 31, 2021

Zoning Hearing Board Beth Gunnion 5 years until December 31, 2023

It was noted that since Beth Gunnion went from the alternate member to a primary member on the

Zoning Hearing Board, the staff will search for a new alternate member.

2019-3

UNFINISHED BUSINESS: None.

NEW BUSINESS:

AUTHORIZATION FOR THE BOROUGH SOLICITOR TO TAKE SUCH ACTION AS

MAY BE NECESSARY OR APPROPRIATE TO OPPOSE THE APPLICATION OF

RUTTER’S WHICH IS PENDING BEFORE THE ZONING HEARING BOARD: A

motion was made by Will Hutchinson, seconded by Dave Dunn and passed unanimously to

authorize the Borough Solicitor to take such action necessary or appropriate to oppose the

application of Rutter’s which is pending before the Zoning Hearing Board.

OTHER BUSINESS: None.

CITIZENS’ COMMENTS: Kimberly Brotzman stated that she is concerned with the condition

of the property at 49 East Main Street and asked that it be inspected.

Denise Waller asked for an update regarding the appeal of the AirBnB application. The Borough

Manager reported that the Borough Solicitor went to court on December 27, 2018 but the judge

has not yet issued her ruling.

ADJOURNMENT: A motion was made by Dale Spaulding, seconded by Will Hutchinson and

passed unanimously to adjourn the meeting at 8:11 p.m.

Respectfully submitted,

Lisa M. Boyd

Borough Manager

2019-4


FEBRUARY 12, 2019

MINUTES

Members Present: Mike Chiodo Ray Garraffa

Jim Rice Dave Dunn

Will Hutchinson Dale Spaulding

Bob Bennethum

Others Present:

Bruce Ryder, Mayor Charity Quinn

Lisa M. Boyd, Borough Manager Chris Dewalt

F. Steven Echternach, Chief of Police Lynn Commero, LNP

CALL TO ORDER AND PLEDGE TO THE FLAG: Council President Mike Chiodo called

the meeting to order at 7:30 p.m., followed by the salute to the flag. President Chiodo announced

that the meeting is being audiotaped and maintained until the minutes are approved. The

Borough Manager took the roll call.

REQUESTS TO BE HEARD:

ANNUAL MS4 PRESENTATION – CHARITY QUINN: Charity Quinn was in

attendance to provide the annual MS4 Public Awareness presentation and update. She reminded

the members that the Borough is a joint partner with East and West Lampeter Townships for a

stormwater improvement project and that project was recently submitted to DEP for approval,

and we hope for construction either in the Spring or Fall of 2019. She also reported that

Lancaster County has been updating the watershed limitation plan because the County is to

reduce pollutants going into the Chesapeake Bay. She stated that a possible future DEP

requirement could be additional nutrient reductions including nitrogen and phosphorus and the

leadership of DEP recently changed. She added that it is possible that watersheds could work

together on a joint plan and that Lititz Borough and Warwick filed a joint permit. She

encouraged the Borough to reach out to farms in the Borough to see what best management

practices they are doing on their properties and to have them keep clear records of what they are

or aren’t doing, where discharges are on their property, the number of livestock and if they are in

compliance with their Ag or ENS plans. She stated that because of the makeup of the Borough,

we might not have a very large nitrogen or phosphorus load.

The Borough Manager reminded the members that in addition to the joint project that we are

doing with East and West Lampeter, the Borough is doing their own stream bank restoration

project at Glenn Eshleman’s property. She stated that Mr. Eshleman is fully on board with the

project and it will begin after the joint project has been completed.

MINUTES OF JANUARY 8, 2019: A motion was made by Dave Dunn, seconded by Jim Rice

to approve the minutes of the January 8, 2019 meeting as printed. Motion carried with Members

Garraffa, Rice, Dunn, Hutchinson and Spaulding casting assenting votes. Members Chiodo and

Bennethum abstained from voting because they were not in attendance for the meeting.

2019-5

REPORTS:

MAYOR – Mayor Ryder stated that 8-10 East Main Street is for sale and the listing

agent is aware of the issues with the property.

PRESIDENT – President Chiodo thanked Ray Garraffa for running the last few

meetings in his absence. He also reported on the status of the Police and the Non-Uniformed

Pension Funds.

MANAGER – The Borough Manager’s written report for January 2019 was received and

accepted. She added that the front office vestibule is almost complete and she is pleased with

this safety improvement that also has a heat savings benefit. She will be doing a PP&L cost

study to document the savings for the vestibule project and the changeover of the light bulbs to

LED lights. She also reported that she, Jim Rice and Dale Spaulding will be conducting HARB

applicant interviews and a sketch plan was submitted for four houses for Trails at Strasburg

Phase 2 and will be discussed at the March 2, 2019 Planning Commission meeting. Bruce Ryder

congratulated the staff on a clean audit with no findings or issues.

POLICE – The Police Department’s report for January 2019 was received and accepted.

Bruce Ryder congratulated Sgt. Nick Ferretti for completing the Pennsylvania State Police

Leadership Development Program.

PUBLIC WORKS – The Public Works report for January 2019 was received and

accepted.

ZONING OFFICER – The Zoning Officer’s report for January 2019 was received and

accepted.

CONSENT AGENDA: A motion was made by Dave Dunn, seconded by Ray Garraffa and

passed unanimously to approve the following items on the Consent Agenda:


HISTORICAL ARCHITECTURAL REVIEW BOARD CERTIFICATES OF

APPROPRIATENESS – 17 WEST MAIN ST AND 43 WEST MAIN ST

ACCEPTANCE OF HISTORICAL ARCHITECTURAL REVIEW BOARD ANNUAL

REPORT

ACCEPTANCE OF CIVIL SERVICE COMMISSION ANNUAL REPORT

APPOINTMENT OF RAY GARRAFFA TO PENSION COMMITTEE

RATIFY AND CONFIRM SCOUTHOUSE ASSOCIATION BOROUGH APPOINTEE

– RICHARD M. THOMPSON

APPOINTMENT OF LISA M. BOYD AS PENNSYLVANIA STATE ASSOCIATION

OF BOROUGHS’ VOTING DELEGATE

UNFINISHED BUSINESS:

FOLLOW-UP DISCUSSION REGARDING PAINTING OF CROSSWALKS LOCATED

AT INTERSECTIONS: The Borough Manager reminded the members that this was

previously discussed at the November 2018 meeting. Crosswalks are required at signalized

2019-6

intersections and this discussion is only related to crosswalks at non-signalized intersections.

The Safety Committee is now recommending that the marked crosswalks remain and have

additional hash marks painted to make them more noticeable and consistently marked. Chief

Echternach stated that additional signage is only required for mid-block crosswalks, which we

are not proposing.

A motion was made by Dale Spaulding, seconded by Bob Bennethum and passed unanimously

to approve the crosswalks at the current intersections continue to be painted, with the addition of

hash marks.

AUTHORIZATION FOR THE SOLICITOR TO OPPOSE THE APPLICATION FOR A

SPECIAL EXCEPTION FILED WITH THE ZONING HEARING BOARD IN CASE NO.

19-02: President Chiodo stated that CHR Corporation d/b/a Rutter’s submitted a Zoning

Hearing Special Exception Application for an amusement arcade as an additional principal use at

the current Rutter’s Store located at 405 Historic Drive.

Mike Chiodo reminded the members that we have already spent $36,500 this year in legal fees

and $20,000 was budgeted. He urged members to consider this for future matters. Bruce Ryder

stated that current legal issues utilizing the Solicitor’s time include the previous Rutter’s Zoning

Hearing request, the ongoing AirBnb matter and 8-10 East Main Street.

A motion was made by Ray Garraffa, seconded by Will Hutchinson and passed unanimously to

approve the solicitor’s attendance to oppose the application for a Special Exception filed with the

Zoning Hearing Board in case No. 19-02.

NEW BUSINESS: None.


CITIZENS’ COMMENTS: None.

ADJOURNMENT: A motion was made by Dale Spaulding, seconded by Bob Bennethum and



Lisa M. Boyd

Borough Manager

2019-7


MARCH 12, 2019

MINUTES


Jim Rice Will Hutchinson

Bob Bennethum

Others Present:

Bruce Ryder, Mayor Lindsay Doughty

Lisa M. Boyd, Borough Manager David Felpel

William C. Crosswell, Solicitor Lynn Commero, LNP

Jason Hess, MHCK LaJune Ranck





REQUESTS TO BE HEARD: None.

MINUTES OF FEBRUARY 12, 2019: A motion was made by Jim Rice, seconded by Ray

Garraffa and passed unanimously to approve the minutes of the February 12, 2019 meeting as

printed.

REPORTS:

MAYOR – Mayor Ryder stated that the 8-10 East Main Street property is working its

way through the Vacant Property Reinvestment Board process and the next step is the Board will

meet next week to vote on the second blight determination. He also reported that the Borough is

hosting the Lancaster County Mayor’s Association meeting tomorrow.

PRESIDENT – President Chiodo stated that for the Pension Funds, the stock market did

rebound a little bit and that the Pension Actuary will be in attendance at the next meeting to

review the Pension Fund financial status. Mike Chiodo introduced Lindsay Doughty who was

attending the meeting for one of her Millersville University social work classes.

MANAGER – The Borough Manager’s written report for February 2019 was received

and accepted. She added that Planning Commission member Dave Felpel has agreed to serve on

an action team on behalf of the Borough on the Borough Collaborative through the Economic

Development Company of Lancaster County. The members thanked Mr. Felpel for agreeing to

represent the Borough.

POLICE – The Police Department’s report for February 2019 was received and

accepted. Mayor Ryder stated that there was a recent newspaper article regarding police costs

and it listed Strasburg as being the 5th

highest. He reminded the members that the 2019 Police

Budget is higher because of the hiring of an additional officer in preparation for the Chief’s

2019-8

upcoming retirement and that when the Chief retires and we are back to a normal staffing level,

we will be 12th

on the list.

PUBLIC WORKS – The Public Works report for February 2019 was received and

accepted.

ZONING OFFICER – The Zoning Officer’s report for February 2019 was received and

accepted.

CONSENT AGENDA: A motion was made by Jim Rice, seconded by Bob Bennethum and



APPOINTMENT TO THE HISTORICAL ARCHITECTURAL REVIEW BOARD -

RYAN WEAVER

2019 PAVING PROJECT – AUTHORIZATION TO BID HAMPDEN DRIVE


NEW BUSINESS: None.


CITIZENS’ COMMENTS: LaJune Ranck stated that at the last Zoning Hearing Board

meeting, she stated that a number of citizens in Strasburg were concerned with and were in

opposition to the Video Gaming Terminals coming to town. She added that Rutter’s attorney

said to her that her comment was irrelevant and she did not appreciate him saying that and

wanted to bring it to the Board’s attention.

David Felpel stated that he would like to encourage Borough Council to continue to oppose the

Video Gaming Terminals and appreciates Council’s good management of taxpayer dollars.

EXECUTIVE SESSION: At 7:48 p.m., Mike Chiodo adjourned the regular meeting into an

Executive Session and stated that Borough Council will now hold an executive session to consult

with the Borough Solicitor concerning information and strategy in connection with (i) land use

litigation relating to the property located at 12 West Main Street which proceedings are docketed to

Case No. CI-17-10159 in the Court of Common Pleas of Lancaster County, Pennsylvania, (ii) land

use litigation relating to the property located at 405 Historic Drive, Strasburg, Pennsylvania,

including proceedings docketed to No. CI-19-01783 in the Court of Common Pleas of Lancaster

County, Pennsylvania, and (iii) any other matters relating to such properties and the legal issues

raised by such litigation.

The regular meeting was reconvened at 8:54 p.m. at which time the following motions were made:

A motion was made by Jim Rice, seconded by Will Hutchinson and passed unanimously to oppose

the pending appeal of Rutter’s to the Strasburg Borough Zoning Hearing Board from the

determination by the Zoning Officer dated February 9, 2019, that five video gaming terminals are not

an accessory use to Rutter’s “convenience store” located at 405 Historic Drive, Strasburg,

2019-9

Pennsylvania, and that the Borough Solicitor, Morgan, Hallgren, Crosswell & Kane, P.C., be

authorized to appear at the Zoning Hearing Board hearing regarding this appeal, enter its appearance

as counsel for the Borough, and advocate the Borough’s position at such hearing.

A motion was made by Ray Garraffa, seconded by Will Hutchinson and passed unanimously to

authorize the Borough Solicitor to intervene on behalf of the Borough in any Land Use Appeals filed

by Rutter’s in the Court of Common Pleas of Lancaster County in support of the decisions which

have been made by the Strasburg Borough Zoning Hearing Board regarding Rutter’s proposed video

gaming terminals.

A motion was made by Bob Bennethum, seconded by Jim Rice and passed unanimously to authorize

the Borough Solicitor to appeal the decision of the Court of Common Pleas of Lancaster County,

Pennsylvania, in Case No. CI-17-10159 to the Commonwealth Court of Pennsylvania.

A motion was made by Bob Bennethum, seconded by Will Hutchinson and passed unanimously that

the Borough Manager, as primary, and the President of Borough Council, as secondary be designated

as the Borough’s litigation liaisons to facilitate communications between the Borough and the

Borough Solicitor regarding all pending land use litigation and any appeals, proceedings, and

legislative actions related thereto.

A motion was made by Bob Bennethum, seconded by Will Hutchinson and passed unanimously that

the Borough’s litigation liaisons work with the Borough Solicitor and any other persons not

constituting a quorum of Borough Council to draft and, if deemed appropriate, to take the necessary

steps for Borough Council to consider amendments to the Zoning Ordinance which address recent

land use issues affecting the Borough.

ADJOURNMENT: A motion was made by Jim Rice, seconded by Ray Garraffa and passed

unanimously to adjourn the meeting at 9:00 p.m.


Lisa M. Boyd

Borough Manager

2019-10


APRIL 9, 2019

MINUTES



Bob Bennethum H. Dale Spaulding

David Dunn

Others Present:

Bruce Ryder, Mayor David Esh

Lisa M. Boyd, Borough Manager James Johnson

Joyce Gerhart, RGS Associates John Dobish

Andrew Kehl, RKL Peter Mecouch

Lynn Commero, LNP Richard Elliott

Bill Briegel, Keystone Custom Homes






PRESENTATION OF 2018 BOROUGH AUDIT – ANDREW KEHL, RKL: Andrew Kehl, representing the Borough’s Auditor, RKL, was in attendance and reviewed the 2018

Borough Audit and Report to Borough Council. Mr. Kehl stated that Lisa and her team were well

prepared and that there were no audit adjustments. Their opinion of the financial statements is

unqualified, which he stated is the highest level of assurance they are able to provide.

Mr. Kehl stated that all of the Borough’s cash is FDIC insured. He reported that Borough pension

funds are in a good position because they are 88% (Police) and 90.5% (Non-Uniformed) funded, and

that a lot of municipalities are under 60% funded but reminded the members that the liability is

determined by the net investment income. Mr. Kehl also reviewed the Postemployment Benefit

Liability that is now included in the audit and stated that this is approximately 83% funded and

suggested that Council may wish to look at the contributions into that account to bring it closer to

90%.

REQUEST CONSIDERATION OF PET CURBING ORDINANCE – DAVE ESH: Dave Esh was in attendance and stated that he is a 17-year resident of the Borough and a

volunteer at the Strasburg Playground. He is concerned with the growing problem of pet owners

who do not clean up after their pets and asked that a Pet Curbing Ordinance be seriously

considered, adopted and enforced. He provided documentation from the Environmental

Protection Agency showing that they deem pet waste as a toxin and have it in the same category

as oil and chemicals. He also stated that the Center for Disease Control and Prevention states

that pet droppings can contribute to diseases animals pass to humans called zoonoses. He stated

that he sees pet droppings on sidewalks when he walks through town and does not think that is

the kind of image we want to have for our town. He also stated that he has to clean up a lot of

2019-11

pet waste on the ball fields at the playground as he is getting them ready to be used. He stated

that the problem is getting worse and is not going to go away without an Ordinance. He did

provide sample ordinances from other municipalities for Council’s consideration and added that

he liked New Holland Borough’s ordinance. Mr. Esh stated that he personally witnessed a dog

owner allow their dog to defecate at the park and when Mr. Esh nicely asked him about cleaning

it up, the dog owner stated that he was not going to clean it up because he knew that the town

does not have a pet curbing ordinance and he was not required to clean it up.

Mike Chiodo stated that he was in favor of an ordinance but was concerned with enforcement.

Bob Bennethum stated that he brought this issue up at previous meetings and is also concerned

about the large amount of pet waste around town and is hoping there is a way that such an

ordinance can be enacted and enforced.

Chief Echternach stated that enforcement would need to be similar to the dog barking ordinance

which requires citizens to file a complaint and to testify that they saw the violation.

Chief Echternach offered to review other municipalities’ Pet Curbing ordinances.

Mr. Esh stated he believes more pet owners would clean up their pet waste if a Police Officer

would advise violators that they need to clean up the pet waste. He added that the park has had

“Please curb your dogs” signs up along the sidewalk for many years and that the park is private

property. Mr. Esh asked if the Park could do anything to violators because it is private property.

Chief Echternach stated that he believed if someone was not following the stated rules of the

private property that it could potentially be viewed as defiant trespass. Bob Bennethum

questioned whether, and Chief Echternach stated that, a Borough Pet Curbing Ordinance would

be enforceable on private property.

Chief Echternach and Mayor Ryder stated that the Borough’s involvement in the default

ownership of the Tinney Pavilion and Community Park would need to be researched to

determine if the Borough may already have the authorization to regulate pet curbing on Borough

property.

Mayor Ryder stated that a Pet Curbing Ordinance as discussed, if adopted, would be similar to

most of the Borough’s Ordinances because they also require a citizen to be the complainant.

Mr. Esh thanked the members for their time and President Chiodo stated that this is an item that

needs serious consideration.

MANHOLE PATCH: John Dobish, who lives on Pleasant View Drive, was in attendance and

stated that the patch around the manhole near his home is higher than the street surface and asked

if the high spots would be milled down. The Borough Manager stated that she would forward

this request to the Borough Authority.

MINUTES OF MARCH 12, 2019: A motion was made by Jim Rice and seconded by Bob

Bennethum to approve the minutes of the March 12, 2019 meeting as printed. Motion carried

with members Chiodo, Garraffa, Rice, Hutchinson, and Bennethum casting assenting votes.

2019-12

Members Spaulding and Dunn abstained from voting because they were not in attendance for the

meeting.

REPORTS:

MAYOR – Mayor Ryder stated that the owner of 8-10 East Main Street has requested a

hearing with the Vacant Property Reinvestment Board and that hearing will be held on April 18,

2019, and he will be attending on behalf of the Borough to see what happens.

PRESIDENT – President Chiodo had nothing additional to report.

MANAGER – The Borough Manager’s written report for March 2019 was received and

accepted. The Borough Manager stated that the replacement banners are expected to be hung on

April 11, 2019 and the line painting should begin soon. Bob Bennethum stated that the lines that

were painted last year did not last very long and hoped that they will apply additional paint this

year.

POLICE – The Police Department’s report for March 2019 was received and accepted.

PUBLIC WORKS – The Public Works report for March 2019 was received and

accepted.

ZONING OFFICER – The Zoning Officer’s report for March 2019 was received and

accepted.

TREASURER – A motion was made by Jim Rice, seconded by Dale Spaulding and

passed unanimously to accept and file for audit the Treasurer’s Report for the period ending

March 31, 2019.

CONSENT AGENDA: A motion was made by Dale Spaulding, seconded by Dave Dunn and




APPROPRIATENESS – 43 EAST MAIN STREET AND 11 EAST MAIN

STREET

APPROVAL FOR STRASBURG FIRE POLICE TO ASSIST AT THE CLINIC FOR

SPECIAL CHILDREN ANNUAL CSC 5K RUN/WALK

APPROVAL OF STRASBURG FIRE POLICE TO ASSIST AT THE KAT’S 5K

RUN/WALK

APPOINTMENT OF DAVE ESH AS ALTERNATE ZONING HEARING BOARD

MEMBER

DISPOSITION OF RECORDS AND RETENTION OF RECORDINGS OF PUBLIC

MEETINGS – RESOLUTION 2019-1


2019-13

NEW BUSINESS:

DECKMAN PROPERTY PRE-APPLICATION/SKETCH PLAN REVIEW: Joyce

Gerhart of RGS Associates and Bill Briegel from Keystone Custom Homes were in attendance

for a pre-application/sketch plan review of the Deckman Property plan for four single-family

lots, two off of Sunset Avenue and two off of Candle Lane with no new streets.

She stated this is a 3.16 acre tract that in a previous submission was planning for six lots and a

connection of Sunset Avenue to Candle Lane. They decided to eliminate the connection of

Sunset Avenue due to the wetlands and to reduce the necessary stormwater facilities due to the

additional impervious roadway surface.

Ms. Gerhart stated that they are asking for feedback from the Borough regarding the plan and

stated that they will need three waivers: Cul-de-sac on Sunset Avenue, flag lots, and not

connecting Sunset Avenue to Candle Lane.

Dave Dunn stated that he would want the stormwater runoff issues closely reviewed. Ms.

Gerhart stated that they did have the wetlands and floodplain elevations re-reviewed and they

believe they can handle the stormwater for each of the houses individually on each lot. She

added that the plan is conceptual at this time and lot lines may need to be minimally adjusted if

appropriate percolation rates are not achieved.

Bob Bennethum stated that he is familiar with the difficulty in working with the developer and

concerned with them satisfactorily completing their obligations.

Peter Mecouch and Rich Elliot, representing Trails at Strasburg’s HOA, were in attendance and

stated that they are not in opposition to the homes being built as long as the Borough is satisfied

that all of the EPA and wetland obligations are met. He reminded the members that there are

two active waterways that run 365 days per year and stated that when the development was

originally proposed, Kendig Run did not exist but it is now a fully running stream. Mr. Mecouch

stated that the HOA is concerned because Keystone is proposing to have the frontage of Lots 3

and 4 on a portion of land that they were required to maintain (snow removal and lawn mowing).

Mr. Mecouch stated that the Borough recently provided him with a copy of an Association

Maintenance Obligation – Grass and Sidewalk areas along Candle Lane dated September 22,

2015 that was signed by the previous HOA President which stated that they were only required

to maintain the areas designated as common sidewalk including the grass strips between Lot 26

and Candle Lane for the West side of Candle Lane. He stated that they have been maintaining

both sides of the property for eight years or more, at a total cost of approximately $4,000 per

year, and are questioning who will be responsible to maintain the area on the west side from Lot

4 out to Miller Street. He stated that for the west side, their HOA is not interested in maintaining

a portion of Candle, skipping Lots 3 and 4 and then coming back in to maintain the remaining

section out to Miller Street unless Lots 3 and 4 became a part of their HOA.

Mr. Mecouch stated that, speaking as an individual, he is concerned with the environmental

impact on the wetlands and Kendig Run crossings for the development of Lots 3 and 4.

2019-14

Speaking as an individual, Rich Elliott stated that Keystone stated at the March 4, 2019 Planning

Commission meeting that there was an existing pipe with two headwalls already crossing Kendig

Run but he was unable to locate that when he inspected the area.

Mayor Ryder also stated that the Borough Solicitor raised issues regarding land ownership which

need to be researched in order to provide a full response to the developer. The Borough Manager

stated that the Borough may require the developer to do a title search of the west side of Candle

Lane, including Lot 26, to confirm ownership, easements, maintenance requirements and related

issues. She also added that the wetland area, flood plain area, official map, flag lots, and

stormwater infiltration will all need to be addressed.

OTHER BUSINESS: Mayor Ryder stated that he read in the March 31, 2019 Lancaster

Newspaper under Municipal Briefs that Paradise Township has resisted reimbursing Bart

Township for their portion of the fire company’s workers’ compensation insurance. He

reminded the members that Paradise Township has also resisted our reimbursement requests for

three years in a row. Mayor Ryder stated that he is surprised that another municipality is not

cooperating with neighboring municipalities regarding a state law that spells out how fire

company workers’ compensation costs are to be shared. He added that this is not fair to our

citizens or their citizens because Paradise Township is not cooperating with state law. He did

state that we have had good cooperation with Strasburg Township for this cost sharing.

President Chiodo stated that he discussed this matter with the Borough Manager and this will be

looked into and he is proposing the next step is to have a meeting between him, the Borough

Manager and the Strasburg Fire Chief. President Chiodo invited Mayor Ryder to attend the

meeting.


EXECUTIVE SESSION - PERSONNEL: At 8:19 p.m., Mike Chiodo adjourned the regular

meeting into an Executive Session to discuss personnel.

The regular meeting was reconvened at 8:42 p.m. at which time no official action was taken.

ADJOURNMENT: A motion was made by Dale Spaulding, seconded by Dave Dunn and



Lisa M. Boyd

Borough Manager

2019-15


MAY 14, 2019

MINUTES



H. Dale Spaulding David Dunn

Others Present:

Bruce Ryder, Mayor Dave Felpel

Lisa M. Boyd, Borough Manager Richard Waller

F. Steven Echternach, Police Chief Denise Waller

Bill Crosswell, Solicitor Joe Duda, Pension Actuary

Lynn Commero, LNP






PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE TEXT OF THE

ZONING ORDINANCE AND CONSIDERATION FOR ENACTMENT BY BOROUGH

COUNCIL OF THE PROPOSED ZONING ORDINANCE AMENDMENTS –

ORDINANCE 2019-1: President Chiodo turned the meeting over to the Solicitor for the Public

Hearing. The Solicitor reviewed the procedural steps that took place prior to this meeting for

tonight’s meeting to consider this proposed ordinance which included:

1. The legal notice for the proposed ordinance was advertised, as required, on March 22,

2019, April 22, 2019 and April 29, 2019. These legal notices met the requirement of the

Municipalities Planning Code, the Borough Code and Sunshine Law.

2. The ordinance became legally pending on March 22, 2019 and, if enacted, the

effectiveness dates back to the date it was first advertised which was March 22, 2019.

3. The notice that was published in the newspaper was in summary form, which is

allowed by law as long as the full text was furnished to the Lancaster County Law Library and

Lancaster Newspapers. The full text was furnished to the Lancaster County Law Library and

Lancaster Newspapers, as required.

4. The notice was posted and the Ordinance available for public inspection at the

Borough Office when it was advertised.

5. The proposed amendments were submitted to be reviewed by the Strasburg Borough

Planning Commission and the Lancaster County Planning Commission on March 22, 2019,

which meets the submittal requirements in advance of enactment.

6. The Borough received the Lancaster County Planning Commission’s review letter

dated April 23, 2019.

7. The Strasburg Borough Planning Commission took action regarding the proposed

ordinance and made a recommendation at its May 6, 2019 meeting. The Borough Manager has

furnished Borough Council with a letter indicating the action from the Planning Commission.

2019-16

8. A Public Hearing is required under the Municipalities Planning Code, and Public

Participation is required under the Sunshine Act.

9. If enacted, the Ordinance needs to be approved by the Mayor, put into the Borough’s

Ordinance book and sent to the Lancaster County Planning Commission to be recorded in the

Lancaster County Courthouse.

The Solicitor reminded the members of the significant decision dated April 26, 2019 in the

Supreme Court regarding the Slice of Life Case.

President Chiodo asked if there was any public comment, which meets the requirement for

obtaining public comment under both the Municipalities Planning Code and the Sunshine Act.

Rick Waller, 33 East Main Street, stated that that he is in favor of the proposed ordinance and he

would like Council to consider supporting the proposed Ordinance. He stated that he and his

wife own a Bed and Breakfast on East Main Street and their simple rationale is that there is an

existing Borough Ordinance to allow for short-term rentals, which is the Bed and Breakfast

section, and it has been in place since the 1980’s. He stated that he does not see the rationale in

creating a new zoning section for something that is already included in the Ordinance. He added

that their Bed and Breakfast is owner-occupied.

Denise Waller, co-owner of the Bed and Breakfast at 33 East Main Street stated that she agrees

with Rick Waller’s comments and also recommends Borough Council enact the ordinance.

Hearing no additional public comments, a motion was made by Dave Dunn, seconded by Ray

Garraffa and passed unanimously to close the public hearing.

A motion was made by Dave Dunn, seconded by Will Hutchinson and passed unanimously to enact

Ordinance 2019-1 titled: AN ORDINANCE TO AMEND THE STRASBURG BOROUGH

ZONING ORDINANCE OF 1993 TO DELETE SECTION 107, USES NOT PROVIDED FOR; TO

REVISE AND ADD DEFINITIONS; TO REVISE REGULATIONS GOVERNING BED AND

BREAKFASTS; TO REVISE PERMITTED USES IN THE HIGHWAY COMMERCIAL ZONE

(C-2) AND THE RESTRICTED COMMERCIAL ZONE (C-3); AND TO DELETE SECTION 504,

SUBSTITUTION OR REPLACEMENT OF NONCONFORMING USES, in the form and content

presented at this meeting.

PENSION ACTUARIAL UPDATE – JOE DUDA: Joe Duda, the Borough’s Actuary,

was in attendance and stated that under Act 205, we are required to have a value calculated for

the plans every two years. He stated that the 1/1/2019 valuations are not as good as the 1/1/2017

valuations. He stated that, as previously approved, the 1/1/2019 valuation was calculated on an

annual 7% investment rate and a 4% payroll increase but our plan showed a two-year average

investment return of 12%. He added that PFM did a good job with our investments because our

plan is one of the higher returns of the plans that he serves as the actuary. Mr. Duda stated that

another thing that we do really good for our plans is the historical payment of additional funds

towards the unfunded liabilities.

2019-17

Mr. Duda reviewed the 1/1/2019 valuation results, which he reminded the members are the

smoothed numbers which spreads out the losses, which are:

Police unfunded liabilities $133,693

Non-Uniformed unfunded liabilities $68,508.

He also reviewed the estimated 2020 Minimum Municipal Obligations and reminded the

members that the numbers for both plans increased because an additional employee was added to

each plan.

Mr. Duda stated that, in light of the investment returns not being as high as we anticipated,

Council may want to consider decreasing the investment rate assumption to 6.75% in the future

but reminded them that reducing that number will increase the MMO’s. It was the consensus to

follow Mr. Duda’s recommendation and review the rate again in 2021.

A motion was made by Dave Dunn, seconded by Ray Garraffa and passed unanimously to accept

the valuation results and unfunded liabilities report dated 1/1/2019 as written.

Mr. Duda added that our auditor needs the valuation numbers for the annual audit, and those

numbers are included in the audit. He also reviewed the Police Post-Retirement Medical benefit

values and stated that according to his projections, as of 12/31/2018 we have approximately

$177,000 in the fund and the liability is $390,000. He stated that we are doing a really good job

with setting aside money for this because only about 35% of his clients are setting funds aside

for this liability.

MINUTES OF APRIL 9, 2019: A motion was made by Dale Spaulding, seconded by Jim Rice

and passed unanimously to approve the minutes of the April 9, 2019 meeting as printed.

REPORTS:

MAYOR – Mayor Ryder stated that he attended the Vacant Property Reinvestment

Board meeting regarding 8-10 East Main Street and Mr. Carter did not challenge the conclusion

but stated that he could not afford to fix it up and is trying to sell the property. Following the

program requirements, the VPRB did issue a second determination of blight and the Lancaster

County and Strasburg Borough Planning Commissions need to review the blight determination

and certify that the Redevelopment Authority did everything correctly, which then turns the

property over to the Redevelopment Authority. Mayor Ryder stated that if someone purchases

the property before it gets turned over to the Redevelopment Authority, any new owner is

required to contact and work with the Redevelopment Authority because the property has already

been designated as a blighted property. Mike Chiodo thanked Mayor Ryder for his work on this

project.

PRESIDENT – President Chiodo had nothing additional to report.

MANAGER – The Borough Manager’s written report for April 2019 was received and

accepted.

POLICE – The Police Department’s report for April 2019 was received and accepted.

PUBLIC WORKS – The Public Works report for April 2019 was received and accepted.

2019-18

ZONING OFFICER – The Zoning Officer’s report for April 2019 was received and

accepted.

CONSENT AGENDA: A motion was made by Jim Rice, seconded by Dave Dunn and passed

unanimously to approve the following items on the Consent Agenda:



APPROPRIATENESS – 54 WEST MAIN STREET, 122 EAST MAIN STREET,

131 EAST MAIN STREET, AND 7 EAST MAIN STREET

APPROVAL FOR STRASBURG FIRE POLICE TO ASSIST AT GALA AT

RAILROAD MUSEUM OF PA – RATIFY AND CONFIRM

APPROVAL FOR STRASBURG FIREMEN TO PARTICIPATE IN BOOT DRIVE ON

SATURDAY, MAY 25, 2019

AUTHORIZATION TO SIGN APPLICATION FOR TRAFFIC SIGNAL APPROVAL

TO RELOCATE SIGNAL BOX – RESOLUTION 2019-2

LANCASTER COUNTY CONSERVATION DISTRICT MEMO OF

UNDERSTANDING

APPROVAL OF SCOUT HOUSE PROPANE TANK REPLACEMENT PROPOSAL

2019 PAVING PROJECT – PERMISSION TO EXPAND SCOPE TO INCLUDE END

OF DALLAS AVENUE AND END OF SHENK AVENUE


NEW BUSINESS: None.

OTHER BUSINESS: The Borough Manager stated that donations are normally paid in May of

each year to the Fire Company, Ambulance, Library, Playground Association and Scout House.

In light of the large legal expenses this year for Rutters, 8-10 East Main Street and the Airbnb’s,

the Borough Manager asked if Council wanted to delay paying the annual donations. She did

state that the Borough was recently awarded the reimbursement of approximately $28,000 in

legal fees associated with the 8-10 East Main Street project but noted that those funds will be

collected as part of a lien on the property and may not be received this year.

She stated that she and the Police Chief met to review the budget and that for the General Fund,

other than the donations which total approximately $85,000, one other large payment that

Council has chosen to pay that is not a required payment is about $72,000 toward unfunded

pension liabilities. She noted that most other funds that are transferred to Capital Improvements

Reserve Funds are made up of General, Water and Sewer funds and do not have a large

individual impact on the General Fund.

Will Hutchinson thanked the Manager for discussing this matter now instead of having a surprise

during budget time. He also suggested reviewing the budget to have a backup plan in place. The

Borough Manager and Police Chief will continue to review other options and report back to

Council with an update at a future meeting.

2019-19

A motion was made by Will Hutchinson, seconded by Jim Rice and passed unanimously to send

50% of the 2019 budgeted donations to the Fire Company, Ambulance, Library, Scout House

and Playground Association with a letter of explanation.

Will Hutchinson stated that he did meet quite a few residents while he was getting petition

signatures and heard an overwhelming comment from residents that they were appreciative of

the Borough fighting these issues. He added that he understands it is uncomfortable for us

financially right now but the community is appreciative.





Lisa M. Boyd

Borough Manager

2019-20


JUNE 11, 2019

MINUTES



H. Dale Spaulding David Dunn

Bob Bennethum (by phone)

Others Present:

Bruce Ryder, Mayor Don Heiser

Lisa M. Boyd, Borough Manager Patrick Meck

F. Steven Echternach, Police Chief Tom Lainhoff

Lynn Commero, LNP Chris Lainhoff

Roger Fry, Fry Surveying, Inc.






MINUTES OF MAY 14, 2019: A motion was made by Dale Spaulding and seconded by Dave

Dunn to approve the minutes of the May 14, 2019 meeting as printed. Motion carried with

members Chiodo, Garraffa, Rice, Hutchinson, Dunn and Spaulding casting assenting votes.

Member Bennethum abstained from voting because he was not in attendance for the meeting.

REPORTS:

MAYOR – Mayor Ryder stated that the pooper scooper ordinance preparation has been

put on hold until 2020, due to the legal fees incurred to date this year. During the review of the

ordinance we will be taking a look at the park ordinance that was adopted several years ago.

PRESIDENT – President Chiodo reported that he, Steve Echternach and Lisa Boyd met

to discuss the legal fees to date and have decided to do nothing additional at this time until after

the mid-year financial review has been completed.

MANAGER – The Borough Manager’s written report for May 2019 was received and

accepted.

POLICE – The Police Department’s report for May 2019 was received and accepted.

Chief Echternach encouraged Council to read the email he sent today regarding the gambling

situation.

PUBLIC WORKS – The Public Works report for May 2019 was received and accepted.

2019-21

ZONING OFFICER – The Zoning Officer’s report for May 2019 was received and

accepted.

CONSENT AGENDA: A motion was made by Jim Rice, seconded by Will Hutchinson and



DISPOSITION/DESTRUCTION OF RECORDS – RESOLUTION 2019-3


NEW BUSINESS:

AMOS S. RIEHL LOT ADD-ON PLAN: Roger Rohrer of Fry Surveying, Inc. reviewed the

lot add-on plan.

A motion was made by Ray Garraffa, seconded by Dale Spaulding and passed unanimously to

approve the plan as recommended by the Borough Planning Commission.

HISTORIC ARCHITECTURAL REVIEW BOARD CERTIFICATE OF

APPROPRIATENESS – 105 WEST MAIN STREET: Tom Lainhoff reviewed the history of

Don Heiser’s request to replace 10 windows at 105 W. Main St.

Don Heiser and his business partner Patrick Meck explained to Council their reasons for wanting

to replace all 10 windows with vinyl replacement windows.

Tom Lainhoff explained that the current HARB ordinance requires that windows may be

replaced as an in-kind replacement only if the new windows are made of the same materials as

the existing window unless they are wooden windows.

Chris Lainhoff added that in 2016 the HARB recommended and Borough Council enacted the

updated HARB ordinance which specifically states in Section 503. “Windows. Existing wood

windows are to be retained whenever possible if they can be repaired. If they are deemed to be

too deteriorated after HARB has conducted a site visit, they can be replaced with wooden

windows (not vinyl, vinyl clad, aluminum clad and not composite replacement windows) and

must match the original style, design and light configuration.

Chris Lainhoff explained the reason the ordinance does not require only original windows be

replaced with wooden replacement windows is that is very difficult to determine if an existing

window is an original window installed when a house was built or if it is a later replacement

window.

A motion was made by Dave Dunn, seconded by Jim Rice to follow the HARB Ordinance as

recommended by HARB to deny vinyl replacement windows, but to approve the replacement of

up to 10 windows with wood replacement at 105 W Main St. Motion carried with members

Dunn, Rice, Hutchinson, Spaulding, and Bennethum casting assenting votes and members

Chiodo and Garraffa voting in opposition of the motion because they felt this structure isn’t

historic.

2019-22






Lisa M. Boyd, Borough Manager

2019-23


JULY 9, 2019

MINUTES

Members Present: Mike Chiodo David Dunn


H. Dale Spaulding Bob Bennethum

Ray Garraffa (by phone)

Others Present:

Bruce Ryder, Mayor Lynn Commero, LNP

Lisa M. Boyd, Borough Manager John Mroz

F. Steven Echternach, Police Chief






MINUTES OF JUNE 11, 2019: A motion was made by Jim Rice, seconded by Dave Dunn and

passed unanimously to approve the minutes of the June 11, 2019 meeting as printed.

REPORTS:

MAYOR – Mayor Ryder stated that 8-10 East Main Street was appraised and the Vacant

Property Reinvestment Board made an offer on the property and they are waiting for a response

from the owner.

PRESIDENT – President Chiodo had nothing to report.

MANAGER – The Borough Manager’s written report for June 2019 was received and

accepted.

POLICE – The Police Department’s report for June 2019 was received and accepted.

PUBLIC WORKS – The Public Works report for June 2019 was received and accepted.

ZONING OFFICER – The Zoning Officer’s report for June 2019 was received and

accepted.

TREASURER’S REPORT – A motion was made by Jim Rice, seconded by Will

Hutchinson and passed unanimously to accept and file for audit the Treasurer’s Report for the

period ending June 30, 2019.

CONSENT AGENDA: A motion was made by Dale Spaulding, seconded by Dave Dunn and




APPROPRIATENESS – 144 EAST MAIN STREET AND 135 EAST MAIN

STREET

2019-24


AWARD 2019 PAVING PROJECT BID – HAMPDEN DRIVE AND PORTIONS OF

SHENK AND DALLAS AVENUES: A motion was made by Dale Spaulding, seconded by

Will Hutchinson and passed unanimously to award the 2019 Paving Project, which includes

Hampden Drive and portions of Shenk and Dallas Avenues, to the low bidder Long’s Asphalt,

Inc. at a bid of $74,666.45.

NEW BUSINESS:

CONSIDERATION OF ADOPTION OF THE LANCASTER COUNTY HAZARD

MITIGATION PLAN RESOLUTION 2019-4: Chief Echternach stated that he attended

meetings pertaining to this as the Regional Emergency Manager for the Borough and Township

and he encouraged Council to adopt the Resolution because it is a good plan that was developed

with consultants.

A motion was made by Dave Dunn, seconded by Jim Rice and passed unanimously to adopt

Resolution 2019-4 which adopts the Lancaster County Hazard Mitigation Plan.

CONSIDERATION OF ADOPTION OF RESOLUTION 2019-5 TO PROHIBIT THE

LOCATION AND OPERATION OF VIDEO GAMING TERMINALS WITHIN THE

BOROUGH PERSUANT TO ACT NO. 63 OF 2019: A motion was made by Will

Hutchinson, seconded by Bob Bennethum and passed unanimously to adopt Resolution 2019-5

which prohibits the location and operation of video gaming terminals within the Borough

pursuant to Act 63 of 2019.

President Chiodo commended Senators Martin and Aument for their work on this Bill and the

Governor for signing it.

STRASBURG COMMONS PHASE 2 – CONSIDERATION OF AGREEMENT FOR

MUNICIPAL LIQUID FUELS TAX REIMBURSEMENT: A motion was made by Dale

Spaulding, seconded by Will Hutchinson and passed unanimously to table action on this until the

August 13 Borough Council meeting so we can insure Charter Homes is seriously working on

addressing the items in ELA’s letter dated July 2, 2019.



ADJOURNMENT: A motion was made by Dave Dunn, seconded by Will Hutchinson and



Lisa M. Boyd, Borough Manager

2019-25


AUGUST 13, 2019

MINUTES

Members Present: Mike Chiodo David Dunn


H. Dale Spaulding Bob Bennethum

Others Present:



F. Steven Echternach, Police Chief Frank Pellicore

Ed Zalewski, Public Works Director Rick Wentz

Tim Rineer, Public Works Asst. Director Fred Shupp

Wayne Breneman, Public Works Operator Scott Weichler

Claudia Shank, McNees Law






MINUTES OF JULY 9, 2019: A motion was made by Dave Dunn, seconded by Jim Rice and

passed unanimously to approve the minutes of the July 9, 2019 meeting as printed.

REPORTS:

MAYOR – Mayor Ryder had nothing to report.

PRESIDENT – President Chiodo stated that this morning he, Steve Echternach and Lisa

Boyd met with John Stoltzfus and Ivan Fisher from the Strasburg Fire Company to discuss their

concerns regarding the Paradise Township Workers Compensation Invoice. President Chiodo

stated that, as allowed by law, the Borough invoiced Paradise Township for their portion of

Strasburg Fire Company’s Workers’ Compensation Insurance and they owe us approximately

$16,000 for prior years’ invoices. He added that they are going to try to talk to Paradise

Township to see if a resolution can be reached.

MANAGER – The Borough Manager’s written report for July 2019 was received and

accepted. She added that all of the sinkhole expenses, except for the Solicitor’s expenses, can be

paid from the State Highway Aid Fund. Will Hutchinson and Bob Bennethum stated that they

visited the sinkhole site and that the problem was handled quickly and efficiently.

POLICE – The Police Department’s report for July 2019 was received and accepted.

PUBLIC WORKS – The Public Works report for July 2019 was received and accepted.

ZONING OFFICER – The Zoning Officer’s report for July 2019 was received and

accepted.

2019-26

CONSENT AGENDA: A motion was made by Dale Spaulding, seconded by Bob Bennethum

and passed unanimously to approve the following items on the Consent Agenda:


HISTORICAL ARCHITECTURAL REVIEW BOARD CERTIFICATE OF

APPROPRIATENESS – 316 MILLER STREET

APPROVAL OF STRASBURG FIRE POLICE TO ASSIST AT THE SOLANCO FAIR

PARADE

ADOPTION OF 2020 BUDGET CALENDAR


STRASBURG COMMONS PHASE 2 – CONSIDERATION OF AGREEMENT FOR

MUNICIPAL LI8QUID FUELS TAX REIMBURSEMENT: Claudia Shank, representing

Charter Homes, was in attendance and stated that, as they did with Phase 1, Charter Homes

would like to pave the streets in Phase 2 in September or October and do an agreement with the

Borough that if the streets don’t get on PADOT’s list in time for liquid fuels reimbursement for

winter maintenance purposes, that Charter will provide the same amount to the Borough.

A motion was made by Dale Spaulding, seconded by Will Hutchinson and passed unanimously

to authorize the Borough Solicitor to advertise and take the other necessary steps for Borough

Council to consider the enactment of an ordinance at its October 8, 2019 regular meeting to

accept dedication of the remaining portion of Old Post Lane located in Phase 1 of Strasburg

Commons and all of the streets located in Phase 2 of Strasburg Commons subject to the

conditions that the Borough shall not be required to accept dedication of such streets unless (i) all

documentation as deemed necessary or appropriate by the Borough (including but not limited to

a liquid fuels tax reimbursement agreement) is submitted in a timely fashion and acceptable to

the Borough Manager and the Borough Solicitor, (ii) the streets are acceptable to the Public

Works Department and the Borough Engineer, (iii) the Ordinance is officially enacted by

Borough Council and becomes effective in accordance with the provisions of the Borough Code,

and (iv) Charter Homes agrees to reimburse the Borough for all engineering and legal fees

related to these street dedications and added that this Motion shall not be deemed to limit or

affect the discretion which Borough Council has concerning the acceptance of dedication of

streets.

NEW BUSINESS:

PLOWING OF STATE ROADS DISCUSSION: Tim Rineer stated that the plowing

agreement states that we have equipment to handle all emergencies that arise during a snow

situation. He stated that he does not believe that we have enough equipment to handle the

situation properly, noting that we have a 2008 dump truck and three pickup trucks. He stated

that this agreement renews every five years and that he previously brought up his concerns in

2014. The Public Works Department would like Borough Council to consider not renewing the

agreement, therefore having PADOT plow the state roads. Tim Rineer stated that they have to

drive faster to plow the snow because our equipment is smaller and residents complain about

their speed. He also stated that most municipalities do not plow the state roads. Jim Rice stated

that people also complain about the speed of the PADOT trucks. Ed Zalewski also stated that

approximately $5,500-$6,000 was recently spent to repair the dump truck because it is worn out

2019-27

from plowing and it is not scheduled to be replaced until 2026. Tim Rineer also stated that we

would have extra municipal roads to plow when the Charter Homes Development is accepted.

He also noted that plowing the state roads delays the plowing of our developments because the

state roads are a priority. Tim Rineer also noted that Wayne Breneman is also responsible to

clear the sidewalks at the Office.

Chief Echternach is concerned that there would be a delay for the state to cinder an icy

intersection deemed a safety concern by one of his officers. He asked if the police have a public

safety concern if our Public Works Department would still salt and cinder those areas. The

Public Works employees stated that they would still salt and cinder as requested, noting that they

are concerned with plowing.

Bob Bennethum stated that our Public Works employees have worked long hours in the past to

try to get the entire town plowed and that we are losing money by entering into the contract to

plow our state roads.

Ed Zalewski stated the state trucks are already going through town to travel to plow other

municipalities but now they are lifting their plows or turning around.

The Borough Manager distributed and reviewed a spreadsheet showing plowing overtime and

materials compared to the amount budgeted and received from the state.

A motion was made by Dale Spaulding, seconded by Will Hutchinson and passed unanimously

to have PADOT plow the state roads in the Borough for the next five years.

The members expressed their appreciation for the work that the Public Works Department does

for the town.

CONSIDERATION OF RESOLUTION 2019-6 TO DECLARE AN EMERGENCY FOR

PROCUREMENT PURPOSES REGARDING SINKHOLE REPAIR AT 405 HISTORIC

DRIVE: A motion was made by Jim Rice, seconded by Dave Dunn and passed unanimously to

adopt Resolution 2019-6 to declare an emergency for procurement purposes regarding the

sinkhole repair at 405 Historic Drive.

GENERAL FUND PROJECTION AND THREE-YEAR BUDGET: The Borough Manager

reviewed her General Fund Projection and Three-Year Budget Memorandum. The Police Chief

stated that he and the Borough Manager proposed one option in the memorandum but are

recommending not sending any money to the Pension Unfunded Liabilities or paying the rest of

the donations until closer to the end of the year to see a truer projected ending balance because of

the pending litigation. Mike Chiodo stated that it is our desire to honor our donation obligations

to our local organizations. Bruce Ryder stated that the library is in a different position than the

other organizations because they rely on the donation to assist with their paid staff and if we are

unable to fulfill the remaining donation that it may have an impact on their ability to keep the

doors open on the existing schedule. Mike Chiodo stated that Fire Department representatives

also asked him about the remainder of their donation.

2019-28

Bruce Ryder stated that the Borough does need the $16,000 owed by Paradise Township for

Workers’ Compensation Insurance and believes that a plan should be developed on how to

approach Paradise Township. The Borough Manager stated that Strasburg Fire Company is

concerned that if we press Paradise Township for these funds that Paradise Township may

change the fire company running districts and only have Paradise Fire Companies respond first

due to calls in Paradise Township. Chief Echternach stated that if Paradise Township

Supervisors make the decision to remove Strasburg Fire Company from the first due to the

portion of Paradise Township that they currently serve that they will be making a political

decision to the detriment to the safety of the citizens of Paradise Township. Mike Chiodo noted

that the approximate $4,000 per year that Paradise Township has not been reimbursing us could

be more General Funds available for the Fire Department or any other organization. The

Borough Manager noted that if Paradise Township takes over this area that their Workers’

Compensation Insurance premium would increase.

OTHER BUSINESS: Chief Echternach stated that in light of the Borough Manager’s

upcoming vacation, he was asked to be a contact with the Solicitor regarding the Video Gaming

Litigation and distributed a proposal submitted by Rutter’s to our Solicitor for the members to

review.


ADJOURNMENT: A motion was made by Jim Rice, seconded by Bob Bennethum and passed



Lisa M. Boyd

Borough Manager

2019-29


SEPTEMBER 10, 2019

MINUTES

Members Present: Ray Garraffa David Dunn

Jim Rice H. Dale Spaulding

Bob Bennethum

Others Present:



F. Steven Echternach, Police Chief Fred Shupp

Eldon Stoltzfus Tom Lainhoff

Jacob Bertrand

CALL TO ORDER AND PLEDGE TO THE FLAG: Council Vice President Ray Garraffa

called the meeting to order at 7:30 p.m., followed by the salute to the flag. Vice President

Garraffa announced that the meeting is being audiotaped and maintained until the minutes are

approved. The Borough Manager took the roll call.


MINUTES OF AUGUST 13, 2019: A motion was made by Jim Rice, seconded by Dave Dunn

and passed unanimously to approve the minutes of the August 13, 2019 meeting as printed.

REPORTS:

MAYOR – Mayor Ryder reported that the 8-10 East Main Street project continues to

move forward but a settlement date has not been scheduled yet.

PRESIDENT – President Chiodo was not in attendance.

MANAGER – The Borough Manager’s written report for August 2019 was received and

accepted. She added that she and the Police Chief continue to work on and review the 3-year

Budget and Projections. They are still thinking that they will be able to recommend paying the

remainder of the donations and recommend reducing the Unfunded Liabilities Payment in order

to retain an ending balance. Detailed information will be reviewed and discussed at next

month’s meeting during the budget discussions.

POLICE – The Police Department’s report for August 2019 was received and accepted.

Chief Echternach attached an article from the Lancaster Newspapers which ranks police

departments by call volume per capita and Strasburg Borough is ranked the third busiest

department per capita.

PUBLIC WORKS – The Public Works report for August 2019 was received and

accepted.

2019-30

ZONING OFFICER – The Zoning Officer’s report for August 2019 was received and

accepted.

CONSENT AGENDA: The Borough Manager announced that at the HARB meeting, changes

to the 8-10 East Main Street plan were recommended and agreed to by the applicant, and those

changes will be made on the plan and the staff will make sure they match and comply with the

approval. A motion was made by Dale Spaulding, seconded by Dave Dunn and passed




APPROPRIATENESS – 7 SOUTH DECATUR STREET AND 8-10 EAST

MAIN STREET

RATIFY AND CONFIRM APPROVAL FOR STRASBURG FIRE POLICE TO

ASSIST AT WHOOPIE PIE FESTIVAL ON SEPTEMBER 7, 2019

ACKNOWLEDGEMENT OF 2020 PENSION MINIMUM MUNICIPAL

OBLIGATIONS


STRASBURG COMMONS PHASE 2 – WALKTHROUGH ACTION ITEMS: A motion

was made by Dave Dunn, seconded by Dale Spaulding and passed unanimously to follow the

recommendation of ELA Group, Borough Engineer, to approve the changes made in the field

regarding the two action items relating to lights at intersections and the hedge and multiple wire

fence instead of a guide rail at the retaining wall in the Strasburg Commons Phase 2

Development.

NEW BUSINESS: None.


CITIZENS’ COMMENTS: John Mroz stated that he has some concerns regarding the Charter

Homes Development improvements including damaged concrete tops of inlet structures that

were repaired but are broken again, a sinkhole still settling, and a low spot where the stormdrain

is at 47 East Main Street that washes over the berm (which could be an ongoing washing out

issue). The Borough Manager stated that the Borough Engineer will re-inspect and she will

bring these items to his attention.

Eldon Stoltzfus stated that they are seeking financing for the 8-10 East Main Street project and

they plan to do the HARB improvements but some might not be in the first phase and may be

pushed out to 5-10 years from now. He stated that they are anticipating bank financing issues

because this project went through the Redevelopment Authority. Their primary goals are roofing

and brickwork to weatherproof the structure. He added that it is not included in this application

but they will probably come back to seek HARB approval to remove garage. Bruce Ryder stated

that there is an outstanding court order that requires certain improvements before an occupancy

permit is issued. He added that the HARB approval states how improvements need to be done if

the owner works on those parts of the building.

2019-31

ADJOURNMENT: A motion was made by Bob Bennethum, seconded by Dale Spaulding and



Lisa M. Boyd

Borough Manager

2019-32


OCTOBER 8, 2019

MINUTES


David Dunn Will Hutchinson


Bob Bennethum (by phone)

Others Present:


Lisa M. Boyd, Borough Manager Claudia Shank, McNees Law

F. Steven Echternach, Police Chief John Mroz

Tom Lainhoff






MINUTES OF SEPTEMBER 10, 2019: A motion was made by Dave Dunn, seconded by Ray

Garraffa to approve the minutes of the September 10, 2019 meeting as printed. Members

Garraffa, Dun, Rice, Spaulding and Bennethum cast assenting votes. Members Hutchinson and

Chiodo abstained from voting because they were not in attendance at the meeting.

REPORTS:

MAYOR – Mayor Ryder reported that the Lancaster County Housing and

Redevelopment Authority acquired 8-10 East Main Street from Clifton Carter and the

satisfaction by Carter of the judgment awarded by the Court to Strasburg Borough to reimburse

the Borough for its legal expenses related to 8-10 East Main Street that his role as litigation

liaison has come to an end and he hereby resigned as the Borough’s Litigation Liaison in its case

against Carter effective immediately.

Dale Spaulding made a motion, seconded by Dave Dunn and passed unanimously to

accept Mayor Ryder’s resignation, with appreciation, as the Borough’s Litigation Liaison in the

case against Carter because the property is now owned by the Lancaster County Housing and

Redevelopment Authority and the judgment against Carter has been satisfied.

PRESIDENT – President Chiodo thanked Ray Garraffa for running the meeting last

month in his absence.

MANAGER – The Borough Manager’s written report for September 2019 was received

and accepted. She added that there are two Zoning Hearings scheduled for October 21, 2019,

and they are 29 N Decatur Street and 8-10 East Main Street for variances regarding required

parking spaces. A motion was made by Jim Rice, seconded by Will Hutchinson and passed

2019-33

unanimously to send a letter to the Zoning Hearing Board supporting both variance requests

because both properties would be difficult to use if they were required to meet the parking

regulations.

The Borough Manager also stated that she will be attending the Fall PSAB Conference in

State College later this week.

POLICE – The Police Department’s report for September 2019 was received and

accepted.

PUBLIC WORKS – The Public Works report for September 2019 was received and

accepted.

ZONING OFFICER – The Zoning Officer’s report for September 2019 was received

and accepted.

CONSENT AGENDA: A motion was made by Jim Rice, seconded by Dave Dunn and passed




APPROPRIATENESS – 21 WEST MAIN STREET AND

148 EAST MAIN STREET

SCHEDULE TRICK-OR-TREAT DATE FOR OCTOBER 31 FROM 6 TO 8 PM

APPROVAL FOR STRASBURG FIREMEN TO PARTICIPATE IN BOOT DRIVE ON

SATURDAY, OCTOBER 12, 2019


NEW BUSINESS:

CONSIDERATION OF ACCEPTANCE OF STRASBURG COMMONS STREETS: Claudia Shank, Solicitor for Charter Homes, was in attendance and stated that they are still

working with the Borough’s Solicitor to finalize the documentation and asked the Board to table

action until the November 12, 2019 meeting.

A motion was made by Dave Dunn, seconded by Ray Garraffa and passed unanimously to, at the

request of Charter Homes, extend the date for Borough Council to consider the enactment of an

ordinance to accept dedication of the remaining portion of Old Post Lane located in Phase 1 of

Strasburg Commons and all of the streets located in Phase 2 of Strasburg Commons to the

November 12, 2019 meeting. All provisions of the Motion approved by Borough Council on

August 13, 2019 concerning these streets shall remain in full force and effect.

2019-34

REVIEW OF 2020 DRAFT BUDGET AND CAPITAL IMPROVEMENTS PROGRAM: The Borough Manager stated that all of the documents and a memo regarding the 2020 Draft

Budget were provided to the members. She highlighted the following items:

Because of this year’s sinkhole and a large amount of paving that is planned in 2020,

the balance in the State Highway Aid Fund is estimated to be about $13,000 and one

Councilman asked if we should have a larger ending balance. After having the Public

Works Department re-evaluate the streets that needed to be paved, Hemlock Lane is

now delayed a year and the ending balance is projected to be $53,000. She is also

recommending our Public Works Department to begin seal coating the cracks in the

streets, working with Strasburg Township, to extend the life of our streets.

We have been having issues with the roof on the Municipal Building and it is time to

look at replacing it. We do not have enough money in the Building Reserve Fund.

She is researching grant funds and obtaining quotes but it may be necessary to take

out a loan for the roof and to repave the parking lot. Dale Spaulding suggested

possibly including the building generator replacement in the loan since the generator

is planned to be replaced in 2021.

The Earned Income Tax revenue figure shown is the budget number. The Borough

Manager will attend a meeting at the Lancaster County Tax Collection Bureau on

October 15, 2019 and will obtain more information from them at that meeting

regarding our estimated 2019 revenue.

Donations were discussed and Bruce Ryder noted that the Draft Budget proposed

paying the remaining 2019 donations and keeping the amounts the same in 2020.

Bruce Ryder encouraged Council to consider an increased donation to the library

because the state funding model has a per capita expectation that we are not meeting,

which is risking stable funding from the state for our library.

Mike Chiodo thanked the Borough Manager and Police Chief for their work in preparing the

Draft Budget.



ADJOURNMENT: A motion was made by Dale Spaulding, seconded by Dave Dunn and



Lisa M. Boyd

Borough Manager

2019-35


NOVEMBER 12, 2019 DRAFT

MINUTES

Members Present: Mike Chiodo Bob Bennethum



Ray Garraffa (by phone)

Others Present:

Bruce Ryder, Mayor John Mroz

Lisa M. Boyd, Borough Manager Frank Sfrisi

F. Steven Echternach, Police Chief Kirsten Updike

Chuck Haley, ELA Group Danielle DeGroft

William Crosswell, Solicitor Anne Harnish

Claudia Shank, McNees Law Kim Ingram

John Stoltzfus James Cawley

Bryan Moyer Kerri Shindle

Wendy Jones Jeremy Miller

Jeffrey Long Kristin Fernitz

Linda Younger Mike Dixon

Kim Calderwood






KRISTIN FERNITZ, STRASBURG-HEISLER LIBRARY – DONATION

DISCUSSION: Kristin Fernitz, Strasburg-Heisler Library Director, was in attendance and

reviewed the handout she provided. She provided a graph of state-gathered data that shows that

the per capita circulation rate for the Strasburg-Heisler Library is higher than most other libraries

in the state. She added that she has only eight staff members who assist approximately 2,300

people per month with 14,000 items, which doesn’t include patrons who use the computers or

programs. The chart also shows that they are the lowest staff expenditures per circulation in the

state, are understaffed, and are doing more for less, which is not practical or sustainable. She

also reviewed the funding sources charts from 2005 and 2019 and showed the reduction in the

state library funding. Residents who use the library were also in attendance and explained some

of the ways they use the library, including:

1. Jeff Long borrowed books as a child, college student and now as a kindergarten

teacher for his class. He also used the internet as a college student for his classes because he did

not have internet at home.

2. Linda Younger, director for Sunshine Corners, stated that their children visit the

library twice a week and participate in story time. She also stated that their families frequent the

library after they pick up their children, her staff uses it for research and they participate in many

of the programs.

2019-36

3. Kerri Shindle used the library for her family when her children were younger. She

said that the children’s programs are wonderful and used by families who may not be able to

afford to go to a preschool. She also said that the library is also used by the Amish and she has

seen the children very excited to be borrowing books. She added that our library has quality

books, provides internet, has e-books and she believes it is a phenomenal place.

4. Mike Dixon volunteers with the Literacy Council of Lancaster and uses space in the

library to teach GED classes.

5. Jim Cawley stated that he is a supporter of the library and appreciates that the library

is a public space that is available for interaction and socialization.

6. Wendy Jones is the Early Childhood Program Coordinator and teaches six programs a

week.

7. Kim Calderwood stated there she believes the library is the most important place in

town and uses the library and library programs with her daughter. The library programs bring

people together, build strong community connections that support the local businesses and

organizations, and she knows of several families that moved to this area because of those

connections.

8. Bryan Moyer is the Library Board President and thanked Council for allowing them to

give this presentation, for Council’s financial support, and for leasing the space to them. He

asked if Council could consider promoting the library and additional financial support.

Council members thanked the library supporters for attending and said they appreciate

everything they do. Council encouraged them to provide this presentation to Strasburg

Township because it is very informative.

STRASBURG COMMONS PHASE 2: Claudia Shank with McNees Law, representing

Charter Homes, was in attendance and asked Borough Council to consider adopting the streets

for Asbury Lane, Gonder Way, Alsace Way, Kendig Way and two portions of Old Post Lane in

the Strasburg Commons Development. She noted that they worked with the Borough Manager

and Borough Solicitor.

The Borough Solicitor noted that the procedures and requirements were met and the Ordinance

has been advertised as required.

The Borough Solicitor called for public comment:

Frank Sfrisi stated that there are outstanding items that need to be addressed, including

the installation of the walking path behind Lot 6 and the remainder of the outstanding items for

Phase 1. The Borough Solicitor stated that the matter before Borough Council tonight is the

acceptance of the streets and he believes the items he referenced are outside of the scope of what

is being considered tonight. The Borough Solicitor stated that the Borough holds an

Improvement Bond to secure completion of the required improvements for the whole

development and items outside the right-of-way and Council is not considering a request to

reduce that bond tonight. Charter is not required to complete those improvements until they

request a release of that bond. There is an 18-month Maintenance Security on tonight’s agenda

for the guaranty on the road.

John Mroz stated that he wanted to make sure the Borough confirm that all of the

outstanding punchlist items for areas outside the right-of-way get completed before the bond is

2019-37

released because the Homeowner’s Association does not have any standing with the developer

for those items. The Borough Engineer stated that the Engineer and Solicitor will thoroughly

review the punchlists.

The Borough Solicitor prepared proposed motions for Borough Council’s use. The Solicitor

stated and Claudia Shank agreed and will notify her client that legal and engineering fees relating

to this project will be reimbursed by Charter Homes.

REQUEST TO ELIMINATE CENTERLINE AND PARKING STALL STRIPING: A motion was made by Jim Rice, seconded by Dave Dunn and passed unanimously to to approve

a modification from the approved/recorded plans for Strasburg Commons to not require

centerline striping or parking stall striping within the streets proposed to be accepted by the

Borough pursuant to proposed Ordinance No. 2019-2 subject to the following conditions and

requirements: 1) The first twenty (20) feet of each intersection shall include a painted white line

to help motorists stay in their lane as their approach the stop bar. 2) Charter Homes at Strasburg,

Inc., shall pay to the Borough on or before January 13, 2020, the sum of $2,500 for the costs to

establish no parking zones including, but not limited to, the required engineering and traffic

studies, the enactment of an ordinance, and no parking signs, and to establish any other traffic

regulations deemed appropriate by the Borough with regard to the enactment of Proposed

Ordinance 2019-2. Charter Homes at Strasburg, Inc., shall also pay to the Borough on or before

December 9, 2019, the sum of $2,500 in accordance with the conditions imposed at time of the

enactment of Ordinance 2017-3 accepting streets within Phase 1 of Strasburg Commons. 3)

Charter Homes at Strasburg, Inc., shall indemnify and hold the Borough harmless from any

obligation or expense in the future to stripe the street centerlines or the parking stalls within

Strasburg Commons.

REQUEST FOR WAIVER OF FORM OF MAINTENANCE SECURITY: The

Borough Solicitor stated that our Ordinance requires that a Maintenance Security be in the form

of cash or a bank letter of credit but we have allowed a bond from an approved bonding company

in the past.

A motion was made by Jim Rice, seconded by Bob Bennethum and passed unanimously to grant

the request of Charter Homes at Strasburg, Inc., to post a bond rather than a letter of credit or

cash escrow as maintenance security for the streets proposed to be accepted by the Borough

pursuant to proposed Ordinance No. 2019-2 in the form and the content presented at this

meeting.

CONSIDERATION OF AGREEMENT FOR MUNICIPAL LIQUID FUELS TAX

REIMBURSEMENT: The Solicitor explained that the deadline for accepting streets for the

next round of Liquid Fuels distributions is generally August 31st of each year. Since we are past

that date, Charter Homes is entering into an agreement with the Borough to pay $1,743.99 which

is based on the calculation of what that Liquid Fuels Distribution would have been.

A motion was made by Dave Dunn, seconded by Dale Spaulding and passed unanimously to

approve the Agreement for Municipal Liquid Fuels Tax Reimbursement in the form and content

presented at this meeting for the streets proposed to be accepted by the Borough pursuant to

proposed Ordinance No. 2019-2.

2019-38

AUTHORIZATION TO EXECUTE GRANTEE’S TITLE AFFIDAVITS: The

Solicitor explained that this is necessary for the Title Insurance in order to accept the streets.

A motion was made by Dave Dunn, seconded by Dale Spaulding and passed unanimously to

authorize the proper Borough officials to execute any affidavits or other title insurance

documents which may be required to provide the Borough with title insurance for the streets to

be accepted by the Borough pursuant to proposed Ordinance No. 2019-2 subject to the approval

of such documents by the Borough Solicitor.

CONSIDERATION AND POSSIBLE ENACTMENT OF STREET DEDICATION

ORDINANCE #2019-2: A motion was made by Bob Bennethum, seconded by Dale Spaulding

and passed unanimously to enact Ordinance No. 2019-2 in the form and content presented at this

meeting accepting Asbury Lane, Gonder Way, Alsace Way, Kendig Way and the portion of Old

Post Lane located in Phase 2 of the Strasburg Commons Subdivision and the remaining portion

of Old Post Lane located in Phase 1 of the Strasburg Commons Subdivision as part of the public

road system of Strasburg Borough.

RALPH KAUFFMAN – LETTER REGARDING SAFETY ITEMS: The Council

President stated that Ralph Kauffman, who is not in attendance, submitted a letter and asked that

it be read aloud at the meeting regarding some safety items. Dave Dunn read Mr. Kauffman’s

letter dated October 30, 2019. In summary, Mr. Kauffman thanked Borough Council and the

Safety Committee for having the bushes on the corner of Dallas and Lancaster Avenues

removed. Mr. Kauffman also asked if a pedestrian crosswalk could be placed at North Jackson

Street and West Main Street.

The Council President stated that the Police Chief has recommended and Borough Council

agreed in the past not to take action regarding marking crosswalks.

MINUTES OF OCTOBER 8, 2019: A motion was made by Jim Rice, seconded by Bob

Bennethum and passed unanimously to approve the minutes of the October 8, 2019 meeting as

printed.

REPORTS:

MAYOR – Mayor Ryder had nothing to report.

PRESIDENT – President Chiodo stated that the non-payment of the Paradise Township

invoice may be included on the December Council Agenda and if is on the agenda, the Fire

Company will be invited to attend. He also reported that he reviewed the quarterly Pension fund

financial reports and those funds are performing well.

MANAGER – The Borough Manager’s written report for October 2019 was received

and accepted. She added that the annual recognition banquet will be held on November 21,

2019.

POLICE – The Police Department’s report for October 2019 was received and accepted.

He reported that Officer Robert Burns has completed his probationary period and appointed Kim

Rubincam as the Accreditation Manager to handle the administrative piece of the accreditation

2019-39

process. He is hoping to have the accreditation process completed by mid-2020. Jim Rice

reported that the Department’s recent child pornography arrest was on tonight’s Fox 43 news.

PUBLIC WORKS – The Public Works report for October 2019 was received and

accepted.

ZONING OFFICER – The Zoning Officer’s report for October 2019 was received and

accepted.

CONSENT AGENDA: A motion was made by Dave Dunn, seconded by Will Hutchinson and


PAYMENT OF BILLS IN THE AMOUNT OF $98,520.24 and $40,742.15


APPROPRIATENESS – 122 SOUTH DECATUR STREET AND 106 EAST

MAIN STREET


APPROVAL OF CAPITAL IMPROVEMENTS PROGRAM: Dale Spaulding stated that he

suggested the last meeting to consider replacing the generator, roof and parking lot at the same

time and get a loan because the rates are low and the improvements are needed. He noted that

this is not shown in the presented CIP.

Mike Chiodo stated that the Borough Manager investigated loans and is obtaining cost estimates

for the roof.

Bob Bennethum asked if the parking lot and generator could be replaced in a few years and

stated that he would like pull together the money to replace the roof without taking out a loan.

He offered some suggestions of where to come up with the money including using the projected

$11,000 of extra funds in the ending balance and reducing unfunded liabilities payment again in

2020. The Borough Manager reminded them that because the building rent is paid monthly, we

would not have the additional budgeted $35,000 revenue in the bank the beginning of the year.

Bruce Ryder stated that if we get a loan that it could possibly be paid off early but would be

reluctant to press ourselves by using all available funds and not getting a loan because this year

we saw what happens when we have unexpected expenses and would not want to see the

Borough in that position again.

It was the consensus of Council to table the approval of the Capital Improvement Program until

we get a little more detail next month.

APPROVAL OF 2020 PRELIMINARY BUDGET AND AUTHORIZATION TO

ADVERTISE FOR PUBLIC INSPECTION: Bruce Ryder stated that the 2020 Budget, as

shown with the 2019 projections and .17 tax mill increase, projects an ending balance that is

approximately $11,000 more than our normal budget policy of a 5% ending balance. He is

encouraging Council to consider using some of those funds to begin a legal fee reserve fund to

better prepare us for another year like this last year and to donate some additional funds to the

2019-40

library. He noted that the library is an excellent resource, one of the few things that the Borough

does that directly impacts children here in the community, and many people came tonight to

speak about the benefits of the library.

Mike Chiodo stated that the Fire Department is also an excellent resource that has requested

additional funding. Dale Spaulding also spoke in support of the Fire Department and noted that

they are all volunteers who donate a lot of time.

Bruce Ryder stated that his suggestion to help the library doesn’t come at the expense of the fire

company and is asking for a few thousand dollars for the library to help them avoid laying

people off and reducing their hours. He also stated that the library is regulated by the state on

how they can raise funds and any little bit helps. He reminded the members that because the

Police Chief will retire at the end of 2020, the 2021 Budget will have those additional staffing

funds available and we will be in a little better position to consider what the proper level of

funding is for the Library, Fire Department and Legal Reserve Fund.

Dale Spaulding noted that this tax rate increase, based on an $185,000 assessed property, is only

$2.62 a month increase and that Starbucks has probably gone up more than that.

Bob Bennethum noted that even with the .17 proposed tax increase, we are still $50,000 behind

this year because we reduced the Unfunded Liabilities payment because of the legal fees. He

also stated that he is in favor of putting the additional $11,000 towards the roof replacement

project or toward the Unfunded Liabilities that we didn’t pay in 2019.

Dale Spaulding stated that he believed additional donations should be discussed and included in

what is advertised and available for public inspection.

The Borough Manager reminded the members that the budget in front of them shows paying the

other 50% of the 2019 donations this year.

Will Hutchinson stated that he personally donates to the library but, after hearing the additional

information about the library tonight, he is also in favor of increasing the library’s donation.

Jim Rice stated that he was in favor of the legal fee reserve fund.

Chief Echternach reminded the members that the projected $11,000 additional over the 5%

ending balance for 2020 is likely to change due to updated 2019 projections and stated that he

and the Borough Manager can make a recommendation regarding how to handle those funds at

the December meeting.

A motion was made by Jim Rice, seconded by Dave Dunn to approve the 2020 Preliminary

Budget, which includes a .17 mill real estate tax increase, and authorize the Borough Manager to

advertise it for public inspection. Motion carried with members Rice, Dunn, Bennethum,

Garraffa and Hutchinson casting assenting votes. Members Chiodo and Spaulding cast

dissenting votes.

Will Hutchinson stated that he did not think this is the time to look at increasing donations for

2020 but would consider increases in the 2021 Budget.

2019-41

Bob Bennethum stated he believed the donations that are included in the 2020 Budget are set and

the best we can do.

2020 TAX LEVY ORDINANCE 2019-3: A motion was made by Will Hutchinson, seconded

by Dave Dunn and passed unanimously to authorize the Borough Manager to advertise the Tax

Levy Ordinance #2019-3 with the tax rate increasing to 3.03 mills.

NEW BUSINESS:

LANCASTER COUNTY DRUG TASK FORCE RESOLUTION 2019-6: A motion was

made by Will Hutchinson, seconded by Jim Rice and passed unanimously to adopt Resolution

2019-6 which supports the Lancaster County Drug Task Force and request to the Lancaster

County Board of Commissioners to continue this vital County initiative in 2020 and beyond by

fully funding the program in a sustainable manner.

POLICE RECORDS RETENTION RESOLUTION 2019-7: A motion was made by Dale

Spaulding, seconded by Dave Dunn and passed unanimously to adopt the Police Records

Retention Resolution 2019-7 which declares the Police Department’s intent to follow the

schedules and procedures for the disposition of police records as set forth in the Municipal

Records Manual approved December 16, 2008.


CITIZENS’ COMMENTS: John Mroz stated that he appreciates Borough Council and the

Mayor’s work.

ADJOURNMENT: A motion was made by Jim Rice, seconded by Bob Bennethum and passed



Lisa M. Boyd

Borough Manager

2019-42


DECEMBER 10, 2019

MINUTES

Members Present: Mike Chiodo Bob Bennethum


H. Dale Spaulding

Others Present:

Bruce Ryder, Mayor John Mroz

Lisa M. Boyd, Borough Manager Scott Weichler

F. Steven Echternach, Police Chief Ivan Fisher

Lynn Commero, LNP Linda Younger

Nate Lammey John Stoltzfus






SUNSHINE CORNERS’ PLAYGARDEN PREVIOUS APPROVAL DISCUSSION: Linda Younger, Executive Director of Sunshine Corners, was in attendance to provide an update

regarding their playgarden. She reminded the members that Borough Council granted them

permission and supported a grant application in 2008 for them to construct a playgarden on the

Borough property behind the Art Association but they were unable to secure all of the necessary

funding at that time. They now have the funding to proceed with the project and she wanted to

make sure Borough Council still supports this project. The Borough Manager stated that the

Borough Engineer will need to review the stormwater impact. Dale Spaulding stated that the

2008 approval did not have a time limit and it was the consensus that the members continue to

support the project.

PARADISE TOWNSHIP WORKERS’ COMPENSATION INVOICES: President Chiodo

stated that we have invoiced Strasburg Township and Paradise Township for their legal portion

of Strasburg Fire Company’s Workers’ Compensation insurance since 2016. However, Paradise

Township has not paid any of the invoices and their outstanding total is currently $16,814.00.

John Stoltzfus stated that he and Ivan Fisher met with Paradise Township officials and they do

see both sides of the issue and that the Fire Company does not want to be in the middle.

John Stoltzfus stated that his concern is if we push Paradise Township for payment of these

invoices that Paradise Township may remove Strasburg Fire Company from being the first-due

company in part of the township so they don’t have to pay the bill. He stated that if Paradise

Township does this, the portion of Paradise Township that Strasburg currently responds to will

have to wait longer for a different first-due fire company to get to the emergency and he does not

believes that it is in the best interest of their citizens. He also added that the cost of the resident’s

homeowner’s insurance may also increase because those rates are based on how far the

2019-43

property is away from the fire company and Strasburg Fire Company has more gallons of water

on their equipment than Paradise Fire Company.

Ivan Fisher stated that he was concerned about this matter damaging their good relationship with

Paradise Fire Company. John Stoltzfus stated that, according to their fund drive company, the

residents in that area of Paradise Township annually donate approximately $4,000 to Strasburg

Fire Company.

The Borough Manager stated that PA House Bill 481 that was amended in 2002 authorizes

municipalities to split the Fire Company’s Workers’ Compensation insurance bill between the

municipalities that the fire company serves. She added that our insurance agent recommended

that we follow the Act and we began invoicing the other municipalities in 2016. The Borough

Manager stated that Strasburg Township also follows the Act and invoices the municipalities that

are served by Refton Fire Company. Bruce Ryder stated that the taxpayers of Strasburg Borough

are paying for the insurance because Paradise Township is not paying their fair share.

The Borough Manager stated that she did talk to Paradise Township’s representative the past

regarding these invoices and we were contacted by Paradise Township’s Solicitor over the years

to request information about our water sources and questioned the population served.

Ivan Fisher and John Stoltzfus suggested investigating how much the Borough’s premium would

reduce and how much Paradise Township’s would increase if the change were made because if it

nets out to the same amount of money then Paradise Township may be more inclined to pay our

bill.

A motion was made by Bob Bennethum, seconded by Dave Dunn and passed unanimously to

form a committee to meet with and discuss the options with Paradise Township regarding the

Workmen’s Compensation insurance to resolve this issue. Bob Bennethum and Will Hutchinson

offered to be appointed to the committee with the Borough Manager. It was the consensus for

the Borough Manager to send Paradise Township a letter requesting a meeting within the first

few weeks of January 2020.

MINUTES OF NOVEMBER 12, 2019: A motion was made by Dale Spaulding, seconded by

Dave Dunn and passed unanimously to approve the minutes of the November 12, 2019 meeting

as printed.

REPORTS:

MAYOR – Mayor Ryder stated that he received some complaints from East Main Street

residents regarding a parking situation in the vicinity of Speckled Hen because the employees

have been encouraged to park on the street in front of people’s houses because of a parking lot

shortage. Chief Echternach stated that street parking is legal open parking. Bob Bennethum

asked if we could talk to the business owner and suggest that the employees be asked to either

spread out and/or vary where they park.

PRESIDENT – President Chiodo stated that the other half of the 2019 community

donations will be sent out in tomorrow’s mail.

2019-44

MANAGER – The Borough Manager’s written report for November 2019 was received

and accepted. She added that Strasburg Scooters submitted a Zoning Hearing for a second use of

a winery in their building and that Borough Council can take a position. It was the consensus of

Council to take the position of opposing the request for a second use in the same building at 246

North Decatur Street.

POLICE – The Police Department’s report for November 2019 was received and

accepted.

PUBLIC WORKS – The Public Works report for November 2019 was received and

accepted.

ZONING OFFICER – The Zoning Officer’s report for November 2019 was received

and accepted.

CONSENT AGENDA: A motion was made by Dave Dunn, seconded by Bob Bennethum and




APPROPRIATENESS – 322 MILLER STREET AND 213 MILLER STREET

APPROVAL OF 2020 MEETING SCHEDULE

ADOPTION OF PARTICIPATE IN MEETINGS BY MEANS OF

TELECOMMUNICATION DEVICES RESOLUTION 2019-8

ADOPTION OF POLICE PENSION PLAN CONTRIBUTION RESOLUTION 2019-9

ADOPTION OF FIRE COMPANY ACTIVITIES RESOLUTION 2019-10

ADOPTION OF FEE SCHEDULE RESOLUTION 2019-11


APPROVAL OF CAPITAL IMPROVEMENTS PROGRAM: The Borough Manager stated

that second opinions were obtained for the roof, parking lot and generator and all projects can be

delayed. The Capital Improvements Plan was updated accordingly and it is not necessary to

borrow money at this time.

A motion was made by Will Hutchinson, seconded by Bob Bennethum and passed unanimously

to approve year 2020 in the 5-year Capital Improvements Program dated December 10, 2019.

ADOPTION OF OTHER POST EMPLOYMENT BENEFITS (OPEB) UNFUNDED

LIABILITIES PAYOFF PLAN RESOLUTION 2019-12: The Police Chief and Borough

Manager stated that the Actuary prepared a snapshot of the market values of the plans as of

11/29/2019 and the pension plans are currently overfunded (Police $29,222 and Non-Uniformed

$46,133). It was noted that the market value of the plans changes daily based on the stock

market. However, the Police post-retirement health benefit plan is still unfunded by $174,200.

Based on this information, they are recommending that we divert the Pension unfunded liabilities

monies to OPEB for the next two years, in addition to the funds that we have already been

contributing.

2019-45

A motion was made by Will Hutchinson, seconded by Dave Dunn and passed unanimously to

adopt the Other Post Employment Benefits (OPEB) Resolution 2019-12 which outlines the

payoff of unfunded liabilities for the Police Post Retirement Health Benefits.

APPROVAL OF 2020 FINAL BUDGET: The Borough Manager provided a memorandum to

Council regarding the 2020 Final Budget. She stated that it includes the .17 mill tax rate increase

that was discussed at last month’s meeting, it has been advertised and open for inspection as

required, is balanced, includes $5,000 to a new Legal Fee Reserve Fund, includes the actual

health insurance rate increase of 20%, and has a 5.08% ending balance.

Bruce Ryder stated that the Borough Manager and Police Chief did a good job with the extra

budget work and they also created an expanded Building Reserve Fund spreadsheet to

accommodate building improvements for the next 55 years. The appreciation was echoed by the

entire Council.

A motion was made by Bob Bennethum, seconded by Will Hutchinson and passed unanimously

to approve the 2019 Final Budget which does include a tax increase.

Dale Spaulding stated that he would like us to find ways to increase the Library and Fire

Company’s donations in future budgets. Bruce Ryder reminded the members that beginning

with the 2021 Budget there will be one less police officer, which will reduce the General Fund

expenses.

ENACTMENT OF 2020 TAX LEVY ORDINANCE 2019-3: A motion was made by Dave

Dunn, seconded by Bob Bennethum and passed unanimously to enact the 2019 Tax Levy

Ordinance 2019-3 which includes a .17 tax increase, at 3.03 mills for the Borough of Strasburg

for 2020.

NEW BUSINESS:

REQUEST FOR REDUCTION IN BOND – STRASBURG COMMONS PHASE 2: The

Borough Manager stated that ELA and the Public Works Director inspected the work completed

to-date and that Charter Homes will be reimbursing the Borough for ELA’s time to conduct the

inspection. A letter dated December 2, 2019 from ELA Group, Inc. was submitted to Borough

Council recommending the Borough to release $127,725.68 from the current Letter of Credit.

A motion was made by Dale Spaulding, seconded by Dave Dunn and passed unanimously to

approve a reduction in Bond # K08857799 for Strasburg Commons Phase 2 by $127,725.68,

leaving a balance of $78,966.80 as recommended by the Borough Engineer.

CONSIDERATION AND POSSIBLE APPROVAL OF THE RUTTER’S SETTLEMENT

AGREEMENT: A motion was made by Dale Spaulding, seconded by Dave Dunn and passed

unanimously to approve settlement in the Case captioned as CHR Corp., Inc. d/b/a Rutter’s v.

Zoning Hearing Board of the Borough of Strasburg, docketed at the Lancaster County

Prothonotary as CI-19-01783 in the form and content forwarded to us by the Borough Solicitor

and presented at this meeting; and further move that the Borough Solicitor is authorized to

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execute the Settlement Agreement on behalf of the Borough and file a Joint Motion to the Court

to approve the Settlement Agreement.



ADJOURNMENT: A motion was made by Dale Spaulding, seconded by Bob Bennethum and



Lisa M. Boyd

Borough Manager

2019-1 STRASBURG BOROUGH COUNCIL JANUARY 8, 2019 … · LED lights. She also reported that she, Jim...

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