NOVEMBER 17, 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, C. Harold Mumma, John Cook, Charles McCammon, Ardie Winters and Andrew Benchoff

Mayor Louis M. Barlup, Jr.

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

Kevin Grubbs, Assistant Director of Engineering

Denny Benshoff, Maintenance Superintendent

Ray Shultz, Police Chief

Ron Flegel, Fire Chief

Dan Sheffler, Code Enforcement Officer

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

APPROVE MINUTES: Councilman Benchoff made a motion to approve the minutes of the November 3^rd meeting, as written. Councilman Cook seconded; the motion passed unanimously.

ACCEPT REPORTS: Councilman Benchoff made a motion to accept the reports of the Code Enforcement Officer and Fire Chief, as presented. Councilman Cook seconded; the motion passed unanimously.

COMMITTEE REPORTS

PERSONNEL COMMITTEE: Councilman Mumma made a motion to approve the application of Thomas Storey, Jr. for a vacancy in the Police Department as a patrolman. The motion included the contingency of Mr. Storey's employment on his successful completion of the appropriate physical/psychological evaluations, as well as a drug screening. Councilman George seconded; the motion passed unanimously.

Councilman Mumma made a motion to approve a step increase for Steve Biesecker, Fire Apparatus Driver. Councilman George seconded; the motion passed unanimously.

Councilman Mumma also motioned to approve a step increase for Jerry Hartman, Fire Apparatus Driver. Councilman George seconded; the motion passed unanimously.

Councilman Mumma noted that the Personnel Committee received a successful performance evaluation for Vicki Carty, however no action was required.

PROPERTY AND PUBLIC SAFETY COMMITTEE: No report.

STREET COMMITTEE: No report.

INTERGOVERNMENTAL COMMITTEE: No report.

DOWNTOWN REVITALIZATION AND FINANCE COMMITTEE: No report. Councilman Cook stated that their next meeting has been rescheduled from November 22^nd to November 29^th.

MAYOR'S REPORT: No report.

PUBLIC COMMENT - ITEMS ON AGENDA: Kim Tartaglia, 8 W. Third Street. Ms. Tartaglia questioned the status of the traffic study on Third Street. Kevin Grubbs reported that the traffic counter has been repaired and the study on all three intersections will begin again the following week.

UNFINISHED BUSINESS

REPORT ON CDBG PAVING PROJECTS FOR 2004: Kevin Grubbs reported that reconstruction work on Sunnyside and Prospect Avenues has been completed. The streets will be opened for traffic on Friday.

NEW BUSINESS

WATER TREATMENT CHEMICAL BIDS: Mr. Hamberger noted that bids were opened for water treatment chemicals on November 12^th. He stated that the following companies were the apparent low bidders, and he (and Leiter Pryor, Director of Utilities) are recommending that the bids be awarded accordingly:

Univar USA, Inc. Chlorine #2000 - $58.00/cwt.

532 E. Emaus Street Chlorine #150 - $94.00/cwt.

Middletown, PA 17057 HFS (55 gal.) - $19.50/cwt.

Caustic Soda #684 Drum - $18.50/cwt.

Caustic Soda #220 Tote - $19.50/cwt.

Activated Carbon - $50.40/cwt.

Liquid Polymer - $1.07/lb.

Shannon Chemical Corp. Sodium Polyphosphate - $0.537/lb.

P.O. Box 376

Malvern, PA 19355

Coyne Chemical Co., Inc. Caustic Soda (50%Bulk) - $21.62/cwt.

3015 State Road Caustic Soda (25% Bulk) - $17.90/cwt.

Croydon, PA 19021-6997

Brenntag Northeast, Inc. Hydrated Lime (50 lb.) - $14.50/cwt.

4501 E. Fayette Street

Baltimore, MD 21224

Thatcher Co. of New York Potassium Permanganate - $51.60/cwt.

P.O. Box 118

Williamson, NY 14589

Delta Chemical Corporation Aluminum Sulfate - $0.218/lb.

2601 Cannery Avenue

Baltimore, MD 21226

Councilman Cook made a motion to award the bids as presented by the Borough Manager. Councilman Mumma seconded; the motion passed unanimously.

CONTRACT FOR CDBG CONSULTING SERVICES: Mr. Hamberger recommended deferring this matter until Council's next meeting.

REZONING (RONALD MARTIN): Mr. Hamberger presented a request from Ronald Martin to rezone a property (29 acres currently owned by Frick Company), at the end of Frick and Tritle Avenues, to Residential-Medium Density. He currently holds an Agreement of Sale to purchase the property.

Lloyd Reichard noted that Borough Council will need to hold a public hearing regarding the matter, which must be advertised. Thirty days prior to the hearing, however, the request must be forwarded to the Waynesboro Planning Commission and Franklin County Planning Commission for their review and recommendation. Following the public hearing, Borough Council can authorize adoption of the ordinance for rezoning.

Councilman George made a motion to forward the rezoning request to the two Planning Commissions thirty (30) days prior to the proposed hearing to be held on January 5^th. Councilman Mumma seconded; the motion passed 5-0 (Councilman Benchoff abstained).

Councilman George made a motion to schedule a hearing regarding the rezoning for Mr. Martin on January 5^th (immediately prior to the Council meeting). Councilman Cook seconded; the motion passed 5-0 (Councilman Benchoff abstained).

REQUEST FOR SANITARY SEWER SERVICE (RONALD MARTIN): Pursuant to discussion on the proposed zoning change, Mr. Hamberger noted that Mr. Martin is also requesting sewer service to this property. He explained that Council would simply be confirming that they have sufficient sewer capacity to serve the area (90 taps). The Waynesboro Borough Authority reviewed the matter and concurred at their meeting the previous evening. Councilman Mumma made a motion as such. Councilman George seconded; the motion passed 5-0 (Councilman Benchoff abstained).

Ronald Martin then requested that he be permitted to pre-pay the water and sewer tap fees for this property (90 taps) immediately. Lloyd Reichard stated, since it is known that there is a pending possible change in the tap rates, this would constitute a special request. He suggested that Council defer the matter until their next meeting.

Ronald Martin went on record to state that he knew nothing about any increase in water or sewer tap fees. Mr. Hamberger noted that the WBA sets water rates, however Borough Council must agree and set the sewer rates. Lloyd Reichard argued that the current trust indenture which they are operating under stipulates that the WBA will now set sewer rates also.

Councilman George made a motion to table the matter. Councilman Cook seconded; the motion passed 5-0 (Councilman Benchoff abstained).

Mr. Hamberger noted that this item will be on Council's agenda for their first meeting in January.

RESOLUTION FOR HAZARD MITIGATION PLAN: Mr. Hamberger presented a draft copy of the Franklin County Hazard Mitigation Plan for Council's action. He recommended that the plan be approved and Resolution #2004-19 be adopted. Councilman Benchoff made a motion as directed by the Borough Manager. Councilman Mumma seconded; the motion passed unanimously.

RESOLUTION #2004-19

WHEREAS, 44 CFR Part 201 Hazard Mitigation Planning, establishes criteria for hazard mitigation planning authorized by §322 of the Stafford Act, as amended by §104 of the Disaster Mitigation Act. Section 322 of the Disaster Mitigation Act of 2000, mandates that Franklin County; prepare, maintain and keep current a hazard mitigation plan for evaluating the County's hazards, identifying resources and capabilities, selecting appropriate actions, and developing and implementing mitigation measures to eliminate or reduce future damage from those hazards in order to protect the health and safety, and welfare of residents within this County; and

Complete copy on file at Borough Hall.

SUBDIVISION (THOMAS PAINTER): Kevin Grubbs presented a proposed subdivision for Thomas and Shirley Painter, off State Route 997. The plan has been sent to the Franklin County Planning Commission for review -- they returned it with no comment. The Waynesboro Planning Commission has reviewed the plan and recommended it for approval, as presented.

Regarding water and sewer service, Mr .Grubbs noted that the property is within the water service area of the Waynesboro Borough Authority (500'). A letter will be sent to the designer noting that they will be required to hook onto the Borough's water and sewer systems.

Councilman Cook made a motion to approve the proposed subdivision, as presented by Mr. Grubbs. Councilman Mumma seconded; the motion passed 5-0 (Councilman Benchoff abstained).

APPLICATION FOR SEWER MAIN EXTENSION (BRIM BUILDERS - HOLLENGREEN FARM): Kevin Grubbs noted that he received an Application for Sewer Main Extension for 553 lots on the former Hollengreen Farm. The Waynesboro Borough Authority has approved this request, as well as their request for water service. Councilman George made a motion to approve the Application for Sewer Main Extension, as presented. Councilman Cook seconded; the motion passed 5-0 (Councilman Benchoff abstained). Mr. Grubbs noted that the next step is a Sewer Main Extension Agreement, at which time pumping station issues will be addressed.

PUBLIC IN ATTENDANCE - NON-AGENDA ITEMS: Marjorie Benson, 2 W. Third Street. Ms. Benson questioned clarification on Item #8D discussed. Mr. Hamberger explained that Mr. Martin is purchasing a property behind Frick Company; and the Borough has agreed to pursue rezoning the property to Residential-Medium Density.

Ms. Benson then questioned the costs involved in this to taxpayers. Mr. Hamberger noted that this will provide revenues for the Borough. The developer will bear the costs for installation of water and sewer lines, but the Borough will receive revenues "when the water flows". Ms. Benson questioned what these revenues will be used for. Mr. Hamberger responded that these funds can only be used for water and sewer purposes.

Ms. Benson questioned if the zoning fees could perhaps be enhanced. Kevin Grubbs noted that the Planning Commission is reviewing those fees at this time. When the Main Extension Agreement is prepared, the staff's time is also reimbursed by the developer (cost + 40%).

Mr. Hamberger added that this rezoning (and ultimate development) will also benefit the Borough by providing additional real estate and wage taxes.

FOR INFORMATION ONLY

M.S.F.E. & H. COMPANY ANNUAL DINNER: Council members received an invitation to the Mechanics Steam Fire Engine and Hose Company's annual dinner to be held on December 1^st at 6:00 p.m.

ANNIVERSARY BANNERS (FIRST NATIONAL BANK OF GREENCASTLE): Mr. Hamberger noted that Council members received a request from the Chamber of Commerce regarding this matter, however he suggested that this be deferred until Council's next meeting.

BUDGET MEETING: Council will hold a brief budget meeting this evening immediately following the regular Council meeting.

PAY BILLS: Councilman Cook made a motion to pay the Voucher Lists containing Checks #39046-39101. Councilman Benchoff seconded; the motion passed unanimously.

COUNCIL AND STAFF COMMENTS: Kevin Grubbs thanked Councilmen Richard George and John Cook for their efforts on behalf of the street rehabilitation program for the Borough. Councilman George thanked the public for their attendance and comments during the public meeting in this regard.

Having no further business to discuss, the meeting adjourned to the first floor conference room for the purpose of holding a budget meeting at 8:07 p.m. The budget meeting adjourned at 10:05 p.m.

Respectfully Submitted,

Melinda S. Knott

Administrative Assistant