East berlin borough council

EAST BERLIN BOROUGH COUNCIL

128 Water Street

East Berlin, PA 17316
April 2, 2014
The first monthly meeting of the East Berlin Borough Council was held April 2, 2014, at the East Berlin Borough Hall. The meeting was opened with the Pledge of Allegiance at 7:00 PM.
Members Present: President Charles Krall; James LeVan; Roberta Teal; Andrew Raymond; Donald Dixon; and Catherine Lockey

Members Absent: Jason Wood

Also Present: Mayor Keith Hoffman; Solicitor Matthew Battersby; Secretary/Treasurer Darlene McArthur; and Mike Thomas of Liberty Fire Company
Adoption of the Minutes: The minutes of the meeting of March 5, 2014, were reviewed. A motion to approve the minutes was made by James LeVan; seconded by Andrew Raymond. Motion approved with all in favor. It was noted that Council’s Work Session of March 26, 2014, was cancelled.
Payment of Bills: A summary of bills for the month of April totaling $22,139.32 was reviewed. Donald Dixon inquired if the invoice from Solicitor Battersby listed a detail of the charges. Secretary McArthur read the detail of the four (4) line items on the invoice. Roberta Teal mentioned the unusually high Columbia Gas bill for heating the Borough building. Secretary McArthur noted that in researching the cost, the past two (2) winters were milder but prior to that, similar bills were paid for heat. President Krall discussed the future opportunity to change the Borough’s electricity provider once the contract for streetlights expires with Met Ed. Andrew Raymond motioned to pay the bills for the month of April; seconded by Roberta Teal. Motion approved with no dissenting votes.
Constituents Addressing Borough Council: None.
Mayor’s Report: Council was provided the police report for March. President Krall noted that Officer Grim’s computer was replaced with a newer operating system as requested by Mayor Hoffman. The upgrade is required for Officer Grim to run necessary programs in the performance of his duties.
Fire Company Report: Mike Thomas of Liberty Fire Company reported twenty-eight (28) fire calls and sixty-seven (67) ambulance responses for the month of March. In response to Donald Dixon’s inquiry of the newspaper retraction by Liberty regarding its report of the Borough’s 2012 donation, Mr. Thomas stated that he was not present at the last meeting of Liberty’s Board.
Engineer’s Report: Council reviewed a memorandum from Borough Engineer Eric Mains regarding a storm water erosion issue on Branch Circle. President Krall discussed a method of correction using flowable fill concrete to repair the damaged drainpipe and explained the attributes of this material as an ultra-low compressive strength concrete with a highly flowable consistency. In discussing the responsibility to maintain a swale located on private property, Solicitor Battersby suggested referencing the final land development plan to determine ownership of the swale, and noted that the easement is likely in place to allow the unobstructed flow of water. There was also discussion of the County’s involvement and input regarding the storm water situation. President Krall reviewed Robert Meminger’s proposed course of action to clear the entrance and exit rebar more frequently, monitor the street surface for signs of stress, fabricate and install a sloped style trash rack at the intake pipe for safety reasons, and barricade the sinkhole at the culvert with safety fencing until it can be filled. President Krall authorized Mr. Meminger to research expenses in making the necessary repairs.
Solicitor’s Report: Solicitor Battersby discussed a letter from the Joint Authority requesting the Borough’s support in obtaining a water and sewer service agreement along with connection fees from Pennwood Products as required for their recent building project. Solicitor Battersby suggested that the Borough withhold a portion of the project bond to cover the incurred costs.
Committee Reports:

Finance: Council reviewed the Previous Year Financial Comparison Report and Summary of Accounts. It was noted that year-to-date income is significantly higher than the previous year due to variations in revenue receipts earlier in the year.
Streets/Public Safety and Maintenance: Andrew Raymond reported that metal transmission lines on the F250 were replaced with high pressure rubber hose. Twenty (20) bags of cold patch were purchased for the spring repair of pot holes and street sweeping is scheduled to be completed by next week. Mr. Raymond reviewed the erosion situation on Branch Circle and noted that the Borough Engineer inspected the site. In reviewing his attendance at the recent meeting of the Adams County Council of Governments, Mr. Raymond reported that MS-4 storm water requirements were a topic of discussion. Mr. Meminger recently participated in a webinar on this subject as well. Donald Dixon inquired if the anti-skid material cleaned up during street sweeping would be recycled. Mr. Raymond responded that the material is being used to firm up the ground at the end of Kuhn Drive near the dry hydrant, and mentioned the possible reuse of some of the material.
Planning/Zoning: Council was provided the Planning Commission meeting minutes of February 27, 2014. President Krall reported that the Planning Commission is holding a public meeting to discuss the proposed Zoning Ordinance at the East Berlin Area Community Center on April 15^th at 6:30 PM. The meeting will be advertised as required.
Personnel: James LeVan reported that the Personnel Committee will meet to discuss a term ending on the Planning Commission and will make a recommendation to Council.
Park and Recreation: Council reviewed the Park and Recreation meeting minutes of March 13, 2014. There was some discussion of the cost of the portable restroom at the Park currently paid from the Park and Recreation Account. It was noted that in previous years, this expense was paid from the Borough’s General Account. The cost quoted for 2014 is ninety-five dollars ($95.00) per month. Catherine Lockey motioned to have the expense of the portable restroom at the Park paid from the Borough’s General Account; seconded by Andrew Raymond. Motion approved with all in favor.
Unfinished Business: President Krall reviewed a contract from the PA Rural Water Association to provide data collection to map the Borough’s storm water system and signage. It was noted that the estimate to do the work was quoted as thirty-eight (38) hours at one hundred dollars ($100.00) per hour, but the contract only stated one hundred dollars ($100.00) per hour to perform the work. Solicitor Battersby proposed to add language to the contract under fees stating, “In no event shall fees for work exceed Four Thousand ($4,000.00) Dollars without prior approval to proceed above this figure from the client, East Berlin Borough.” Catherine Lockey motioned to accept the contract with the additional language; seconded by Andrew Raymond. Per roll call vote, all Council Members approved the motion.
Council reviewed additional materials regarding a proposal to allow the enforcement of speed limits by the use of radar detection by municipal police. The request to support this proposal was received from a representative of the Pennsylvania State Association of Boroughs (PSAB). In reviewing a newspaper article on the subject, Catherine Lockey reported that replies to the article were overwhelmingly against the proposal for various reasons. After discussing the matter, Council’s decision was to give no response to the request.
Regarding research into alternate code enforcement agencies, Secretary McArthur reported that she and President Krall met Wilbur Slothour of Land and Sea Services, and that she met with representatives of Commonwealth Code. Both agencies were reported to be very professional and capable, and both provide reports of activities performed each month within the municipality. One notable difference is that Land and Sea Services is somewhat more local providing code enforcement to nearby Adams County municipalities, while Commonwealth Code is a larger organization serving both York and Adams Counties. Roberta Teal suggested that a more local service might benefit the Borough. James LeVan commented on his difficulties with the strict rental inspections of Commonwealth Code. Council requested that Wilbur Slothour of Land and Sea Services attend the next meeting of Council to answer questions and provide further details.
New Business: Council reviewed the 2013 Auditor’s Report from Rotz and Stonesifer. There was some discussion of the effect of Officer Grim’s pension plan DROP benefit resulting in an apparent deficit of total revenues over expenditures, but it was noted that this is a fiduciary fund and the Borough’s actual operating profit shows a healthy bottom line. The report mentioned the issues of segregation of duties and conflicting duties as is typical in a smaller municipality without a large staff.
Roberta Teal reported that Representative Will Tallman would like to present a resolution from the State to commemorate East Berlin’s 250^th Anniversary at the end of the parade on May 3, 2014. Mayor Hoffman agreed to accept the award. Ms. Teal displayed a lumber sample to be used in constructing a temporary jail as part of the Civil War re-enactment event. There was a discussion of the purpose in forming the Founder’s Day Committee and some difficulties with the interpretation of some of the members. President Krall offered the support of Council in dealing with any issues of the Committee.
Catherine Lockey discussed her research into the codification process of ordinances. Secretary McArthur stated that the Borough’s ordinances were codified approximately ten (10) years ago and at some point will require an update.
Correspondence:

• 
  Opportunity to Purchase an Adams County Atlas from ACOPD
  
• 
  Founder’s Day Committee Meeting Minutes of 3/3/2014
  
• 
  Founder’s Day Listing of May Events
  
• 
  Gettysburg Chamber of Commerce April Newsletter
  
• 
  Trainings and Webinars Available
  

Donald Dixon motioned to adjourn the meeting of the East Berlin Borough Council at 8:48 PM; seconded by Roberta Teal. Motion approved with all voting in favor.
Respectfully submitted,
Darlene McArthur

Secretary/Treasurer of Borough Council

140402_April 2, 2014