APRIL 7, 2004

WAYNESBORO, PA 17268

Council President Charles McCammon called the regularly scheduled meeting of the Waynesboro Borough Council to order at 7:30 p.m. with the following in attendance:

Borough Council Members - Richard George, Jahnathan Cain, John Cook, Charles McCammon, Ardie Winters and Andrew Benchoff

Mayor Louis M. Barlup, Jr.

Borough Staff - Lloyd R. Hamberger, II, Borough Manager

D. Lloyd Reichard, II, Borough Solicitor

Ron Flegel, Interim Fire Chief

Kevin Grubbs, Assistant Director of Engineering

Denny Benshoff, Maintenance Superintendent

PLEDGE OF ALLEGIANCE: Mayor Barlup led those present in the Pledge of Allegiance.

APPROVE MINUTES: Councilman Winters made a motion to approve the minutes of the March 17^th public hearing and regular meeting, as written. Councilman Cain seconded; the motion passed 5-0 (Councilman Cook abstained).

ACCEPT REPORT: Councilman George made a motion to accept the February report from the Fire Department. Councilman Benchoff seconded; the motion passed unanimously.

COMMITTEE REPORTS

PERSONNEL COMMITTEE: Councilman Cain noted that Council had erroneously appointed Melodie Anderson-Smith to the Library Board. He explained that she is a resident of Blue Ridge Summit and is therefore appointed by Washington Township. He then made a motion to appoint Jill Thompson to fill a vacancy on the Library Board. Councilman Cook seconded; the motion passed 5-0 (Councilman Benchoff abstained).

Councilman Cain noted that the Personnel Committee reviewed applications received for Northside Pool. He made a motion to hire Matthew and Emily McLaughlin as co-managers -- salaries to be $4,500/season for each. Councilman Benchoff seconded; the motion passed unanimously.

Councilman Cain made a motion to hire Sarah Welsh, Raymond Noll and Laura Grove as part-time Pro Shop Attendants at the Golf Course (L. Grove will be a fill-in) - salaries to be $5.15/hour plus 10¢/hour increments for each year's experience. Councilman Cook seconded; the motion passed unanimously.

Councilman Cain made a motion to approve an increase in the starting hourly wage for lifeguards to $6.15/hour (plus 10¢/hour increments for each year's experience). Councilman Cook seconded; the motion passed unanimously.

PROPERTY AND PUBLIC SAFETY COMMITTEE: Councilman Benchoff reported that the Property Committee meeting scheduled for April 13^th has been rescheduled to April 20^th.

STREET COMMITTEE: Councilman George noted that the Street Committee met on April 5^th. He provided an update on the following unfinished business which was discussed during that meeting: (1) signs for new crosswalks at Fairview Elementary School and Landis Tool Company will be delivered on April 5^th and will be installed promptly thereafter; (2) handicapped parking spaces for Calvary Church (on north side of Snider Avenue) will be installed later this week; (3) handicapped space for Mr. Reed will also be installed this week; and (4) tree removal in the alley at the former Martin Trucking Company on Frick Avenue has been accomplished by Borough personnel.

Councilman George noted it is the Street Committee's recommendation that the Maintenance Department paint additional arrows for the turn lane (as per PENNDOT's specifications) leading up Main Street to Clayton Avenue. He made a motion that Council approve the placement of the additional arrow(s). Councilman Benchoff seconded; the motion passed unanimously.

Mr. George stated that the Committee reviewed the request for a street light adjacent to Ronnie Martin's newly-constructed office building at W. Fifth Street/S. Potomac Street, and they are denying the request as the necessity for additional light in this area is not justified.

Mr. George also noted that the Borough's Engineering Department will be preparing curb/sidewalk repair notices for the Park Street (north of W. Sixth Street) paving project.

INTERGOVERNMENTAL COMMITTEE: No report.

DOWNTOWN REVITALIZATION AND FINANCE COMMITTEE: Councilman Cook noted that the Downtown Revitalization and Finance Committee met on March 22^nd. They discussed modifications to the Downtown Facade Program and the status of a downtown manager. No action is needed on those items at this time. The Committee's next meeting will be held on April 26^th.

MAYOR'S REPORT: The Mayor's Report was as follows -

"Too often we are bombarded with negative events and citizen complaints. Therefore, it is always a pleasure for me to highlight some of the good things that are happening in our Borough.

Those that I'd like to share with you this evening involve four exceptional teenagers of Waynesboro:

First, Andrew Krouse, son of Paul Krouse and Teresa Needham, won third place and a $4,000 scholarship at the state finals of the American Legion oratorical contest in Harrisburg. Andrew is a sophomore at Waynesboro High School and represented Post 15 in the district competition, which he won, and then in the state competition. Jackie and I were privileged to help judge the local contest and we take pride in his accomplishment. He is self-motivated, poised and eager to succeed. He has represented our community well.

Next, three young people are now junior members of the Waynesboro Ambulance Squad. Coley Kendall is 17, Casey Rock is 16 and Brad Smith is 17. They are training to be the emergency personnel of tomorrow. Once they are fully trained and certified they will, under supervision, help take vital signs, give oxygen, immobilize patients, control bleeding, apply splints and assist with other basic medical care. Karen Rock, an active member of the Ambulance Squad and mother of Casey, helped establish the junior volunteer program for teens 16 to 18 years of age.

It is with great pride that I share the news of these exceptional youth of our community. Too often we hear about the negative things associated with our young people. However, there is a strong core of future citizens of Waynesboro and our nation that are accomplishing great things.

I strongly believe that they will be prepared to take the reins of leadership when called upon. For now, I congratulate and commend both these teens and their parents who have set high standards and good examples for them."

CTA REPORT: Mr. Hamberger reported it is his understanding that the Borough of Chambersburg is considering discontinuing funding for CTA. As CTA was basically created by Chambersburg, it is his recommendation to wait and see what they do before Waynesboro makes a decision. He noted that the CTA Recovery Plan indicates that $200,000+ will need to come from "local or other sources"; and, although many people want the bus service to continue, Council can't afford to put forth additional monies. Discussion followed regarding the need for a transportation service in Waynesboro, and various options available through local churches and community organizations. Councilman Cain suggested that the matter be pursued further to determine if there are grants available which would assist in this purpose.

PUBLIC COMMENT - ITEMS ON AGENDA: Ronald Martin, 1625 E. Main Street. Mr. Martin stated that it is hard to make comments on an item before it is discussed by Council.

AWARD BIDS (POOL CHEMICALS): Mr. Hamberger reported that two (2) bids were received, the lowest of which was Aqua Chemical Supply, at $1.12/gallon. He noted that they are the current supplier for Chambersburg's Municipal Pool, and recommended that they be awarded the bid. Councilman Cook made a motion to award the bid to Aqua Chemical Supply, Inc., as recommended by the Borough Manager. Councilman George seconded; the motion passed unanimously.

UNFINISHED BUSINESS

ORDINANCE NO. 1019 (PARKING VIOLATION FEES): Mr. Hamberger noted that proposed Ordinance No. 1019 had been advertised for consideration by Council at this meeting. Councilman Cain made a motion to adopt the ordinance, effective upon adoption. Councilman George seconded; the motion passed unanimously.

Councilman Cain added that Council had been approached by concerned citizens to reconsider the proposed violation fees. The matter had been tabled and was reviewed further. Mr. Cain noted he does not feel the proposed fines are excessive, but will serve as a deterrent for individuals who live in the apartments downtown to park there, thereby keeping parking spaces available for patrons of the businesses downtown.

ORDINANCE NO. 1019

AN ORDINANCE ESTABLISHING FEES FOR PARKING VIOLATIONS WITHIN THE BOROUGH OF WAYNESBORO AND SETTING FORTH THE PENALTIES FOR THE VIOLATION THEREOF.

Complete copy on file at Borough Hall.

JULY 4^TH PARADE REQUEST: Mr. Hamberger noted that a request was received from the Brothers of the Brush for the July 4^th parade (to be held on July 3^rd). Upon request of the Police Department, the parade will form at C.V. Avenue. Councilman George made a motion to approve the request. Councilman Cain seconded; the motion passed unanimously.

NEW BUSINESS

REQUEST FOR OPEN BURNING EXCEPTION (WAYNESBORO AREA SCHOOL DISTRICT): A letter was received from Paul Gyurisin of the Waynesboro Area School District requesting an exception to the Borough's burning regulations to burn tree limbs, etc. from recent storm damage. The ordinance prohibits open burning unless an exception is authorized by Borough Council. Mr. Hamberger noted that Council has granted exceptions in the past to local cemeteries. Fire Chief Flegel reported that he has reviewed the material they wish to burn, along with the proposed burn site. 90% of the items are brush, but there are also some clean wooden skids. As there are no residences nearby, Mr. Flegel noted no problems with granting the exception. Councilman Cain made a motion to authorize the Borough Manager to prepare a resolution permitting the School District to burn the debris as indicated. Councilman Cook seconded; the motion passed unanimously.

REQUEST FOR USE OF ROTARY PARKING LOT FOR ANNUAL CARNIVAL (WAYNESBORO FIRE DEPARTMENT): Mr. Hamberger noted that he received correspondence from the Fire Department requesting permission to use the Rotary parking lot for their annual carnival. The carnival will be held on July 19-24, and they are requesting to close the upper half of the parking lot at 6:00 p.m. on Friday (07/16) and close the remaining lot on Saturday (07/17) at midnight to allow time for set-up. Council suggested that signs be erected two (2) weeks prior to the carnival to alleviate any last-minute problems with vehicles parking on the lot. Councilman Cain made a motion to approve the request as presented. Councilman Winters seconded; the motion passed unanimously.

REQUEST FOR STORAGE SHED AT CLAYTON AVENUE BALLFIELDS (WAYNESBORO YOUTH LEAGUE): Mr. Hamberger received a letter from Daryl Warrenfeltz, President of the Waynesboro Youth League. They are requesting permission to place an 8x10' barn-style, wooden storage shed at the Clayton Avenue facility. The shed is used, but in very good shape, and was donated to the league. They plan to paint the shed and repair some of the damaged shingles. The shed has been placed temporarily between the minor and instructional fields -- but Council's permission is required in order for it to remain there on a permanent basis. The Recreation Board has reviewed the request and recommended approval. Councilman Cook made a motion to approve the Youth League's request. Councilman Winters seconded; the motion passed unanimously.

REQUESTS FROM SUMMER JUBILEE COMMITTEE: Mr. Hamberger noted he received a request from the Summer Jubilee Committee to hold a Firecracker 5-K run on Saturday, July 3^rd (prior to the parade). They would like to close Virginia Avenue from 7 a.m. to 9 p.m. for the day's events, including the fireworks to be held that evening. Councilman Cook made a motion to approve the request from the Summer Jubilee Committee. Councilman Benchoff seconded; the motion passed unanimously.

WAYNESBORO GALA AUCTION REQUESTS: Correspondence was received from the Waynesboro Gala Auction Committee regarding their planned event on April 24^th at the Downtown Eagles Club. They are requesting that parking fees be eliminated that day, and that they be permitted use of the southeast quadrant of Center Square from 7:00 a.m. on Saturday to 3:00 p.m. on Sunday for the purpose of displaying larger donated items. Mr. Hamberger noted that Council gave permission for use of the northwest quadrant last year, due to the businesses which operate on Saturday. Councilman Cook made a motion to approve "free parking" along Main Street on April 24^th and use of the northwest quadrant of the Square from 7:00 a.m. on 04/24 until 3:00 p.m. on 04/25, in response to their requests. Councilman Winters seconded; the motion passed unanimously. Mayor Barlup suggested they contact the Police Department to obtain special parking placards in order to insure available parking stalls for several Auction volunteers.

RESIGNATION OF POLICE OFFICER: Councilman Cain made a motion to accept the resignation of Christopher McGarity as Police Officer. Councilman George seconded; the motion passed unanimously.

NORTHSIDE POOL RULES AND REGULATIONS: Mr. Hamberger provided copies of the modified rules and regulations for Northside Pool. The Recreation Board's Pool Committee has been working on these for several months and some changes have been

made. The most dramatic change is the complete prohibition of smoking inside the confines of Northside Pool. In addition, he noted the new identification system is "up and running" for season memberships at Borough Hall.

KOZ (KEYSTONE OPPORTUNITY ZONE) RESOLUTION (#2004-11): Mr. Hamberger noted that he prepared a resolution authorizing the Keystone Opportunity Zone discussed at the last meeting. A copy of the resolution has been forwarded to the School District and County for their consideration. Councilman Cain made a motion to adopt Resolution #2004-11. Councilman George seconded; the motion passed unanimously.

RESOLUTION #2004-11

A RESOLUTION CONTINGENTLY EXEMPTING REAL PROPERTY TAXES WITHIN A SPECIFIC GEOGRAPHIC AREA IN THE BOROUGH OF WAYNESBORO DESIGNATED AS A PROPOSED KEYSTONE OPPORTUNITY ZONE IN ORDER TO FOSTER ECONOMIC OPPORTUNITIES, STIMULATE INDUSTRIAL, COMMERCIAL, AND RESIDENTIAL IMPROVEMENTS, AND PREVENT PHYSICAL AND INFRASTRUCTURE DETERIORATION WITHIN AREAS OF THE BOROUGH OF WAYNESBORO, COMMONWEALTH OF PENNSYLVANIA.

Complete copy on file at Borough Hall.

AGENDA FORMAT: In response to Mr. Martin's earlier statement regarding the "Public Comment" section on the agenda, discussion followed regarding the appropriate format. Council President McCammon stated that the agenda format will be reviewed by Council members at their upcoming workshop to be held on April 24^th.

PUBLIC IN ATTENDANCE - NON-AGENDA ITEMS: Ronald Martin, 66 State Road. Mr. Martin noted that he discussed this situation with Council in November, 2003. He explained that he is required to pay a fee of $3,400.00 for a water meter at his proposed business in order to accommodate a sprinkler system. In addition, a stand-by fee of $250.00-$300.00/quarter is also charged (whether or not any water is used). He added that, should there be a fire, a fire hydrant can be utilized at no additional charge. Mr. Martin requested that Council review the matter. Council President McCammon informed Mr. Martin that these are the Waynesboro Borough Authority's Rules and Regulations; and although Borough Council appoints members to the WBA, they have no authority over them. Borough Solicitor Reichard agreed, adding that the WBA is, in itself, an independent and separate municipality. Mr. Hamberger explained that the Authority reviewed this matter several years ago, but were adamant in their opinions. Council requested that Mr. Hamberger write a letter to the WBA regarding the concern noted.

FOR INFORMATION ONLY

CENTRAL TRI-COUNTY BOROUGHS ASSOCIATION MEETING (APRIL 20, 2004): Mr. Hamberger reminded Council members of the upcoming Tri-County Boroughs Association meeting on April 20^th in New Cumberland. Those interested in attending were asked to inform Melinda Knott.

PAY BILLS: Councilman Cook made a motion to approve the payment of Voucher Lists VL-04-10, 11 and 12. Councilman Benchoff seconded; the motion passed unanimously.

COUNCIL AND STAFF COMMENTS: Kevin Grubbs noted that Building Inspector/Zoning Officer Doug Pyle requested that he inform Council that the new Uniform Construction Codes (UCC) will go into effect on July 1, 2004. The Planning Commission and Lloyd Reichard are currently reviewing the new ordinances in preparation of adopting the 2003 Building Code. Information was provided to Council members at this meeting.

Kevin Grubbs reported that they are ready to proceed on E. Ninth Street, and are anticipating that the pipe will be delivered early next week.

Councilman George questioned if the Civil Service Commission has confirmed an oral examination date yet for the Police Officer listing. Mr. Hamberger noted he has not been informed of a date yet.

Councilman Cain asked if there has been any news yet from the School Board regarding the KOZ. Mr. Hamberger noted that the Borough's resolution has been sent to them; and he has had several discussions with representatives of the Board and gets the impression that they are not opposed. In addition, the County has voiced their support of the concept. Mr. Hamberger noted that the next School Board meeting is scheduled for Tuesday, April 13^th, at 7:00 p.m.

Councilman Cook noted that he missed the previous two Council meetings due to his surgery. He thanked the Borough Manager, Mayor Barlup, members of Council and Borough employees for their telephone calls, cards and prayers. He noted they were greatly appreciated.

Having no further business to discuss, the meeting adjourned at 8:29 p.m.

Respectfully Submitted,

Melinda S. Knott

Administrative Assistant