September 9, 2019 Milford Borough Council Meeting Minutes

REGULAR BOROUGH COUNCIL MEETING

SEPTEMBER 9, 2019 MINUTES

ROLL CALL – President Frank Tarquinio called the meeting to order at 6:03 PM

PRESENT: COUNCIL MEMBERS ROB CIERVO, NANCY SCHOENLEBER, PRES. FRANK TARQUINIO, KATRINA FOSTER, ANNETTE HAAR, ADRIANE WENDELL, TREASURER GREG MYER AND SECRETARY PAMELA AHLSTRAND.  MAYOR SEAN STRUB, COUNCIL MEMBER LUKE TURANO, AND SOLICITOR MAGNOTTA WERE NOT PRESENT.

ADOPTION OF AGENDA/MINUTES- By motion of FOSTER/WENDELL, the agenda for the September 9, 2019 regular meeting was adopted as presented. Once the motion to adopt the agenda was presented, there was a request from Meagen Kameen (resident- Mott St) that the public comment portion of the meeting be moved to the beginning of the meeting.  President Tarquinio said that could not be done at this time, but the council could vote to change that at a future date.

By motion of Haar/Schoenleber, minutes of the August 8, 2019 Regular Borough Council meeting  were adopted as presented.

SPECIAL EVENTS:

1. Black Bear Film Festival – BANNER ONLY –
2. Borough Hall Use – League of Women Voters – Pike County – 10/16/19 and 10/23/19 (waiver of fee requested for one week- Borough Candidate forum)
3. Realty Executives/Safe Haven- Flea Market

BY MOTION OF WENDELL/HAAR, ALL THE ABOVE EVENTS WERE APPROVED AS STATED.

RESOLUTION– PA. LIQUOR CONTROL BOARD – Tarquinio advised the Council had approved by Resolution to submit a request to the State Liquor Control Board to allow the Borough Noise Ordinance take precedence over the PLCB when enforcing violations against establishments in the Borough which serve alcohol.  Wendell noted that all the necessary documentation was provided to the Solicitor.  Ahlstrand had a copy of the minutes from June 3, 2019, noting the approval.  Solicitor Magnotta is now requesting the Council approve the submission of the Petition to the PLCB.  BY MOTION OF WENDELL/SCHOENLEBER, COUNCIL VOTED TO AUTHORIZE THE SOLICITOR TO SUBMIT THE PETITION TO THE PLCB. 

ZONING REPORT:  Zoning Officer Shawn Bolles gave his report (Attached)- Permits issued, applications received, final inspections, complaints received.

MAYOR’S REPORT: Mayor was not present.  Chief McCormack gave the report.  Citation report (attached):  Parking – 3 (up 86% over last year); Traffic Citations – 51 (up 139%); Traffic Stops – 78 (up 102%); Miles – 3044 (up 70%).

Will be participating in Warrior Fest at DVHS on 9/21; bought drunk goggles for demonstration

3 new officers – doing training; Officer D’Ambrosio giving gift cards to kids riding bikes with their helmets; applying for grant for AED; Critical incident site meeting next month at the County training center; Question from Tarquinio – Will there be a Safety Day this year?  Chief said was shooting for September 28^th, but did not know if they could pull it together.  Will decide by Friday.

TREASURER’S REPORT: Treasurer Greg Myer gave his report –  Need to collect $7400 to come in on budget for real estate taxes; received a check today for RTT in the amount of $5162, so total to date is $14,847.  Were quite a bit behind in budgeted amount, but catching up.  BY MOTION OF CIERVO/FOSER, TREASURER’S REPORT ACCEPTED AS PRESENTED. 

MMO – Minimum Obligation Payments- Pension administrator give forms to calculate amounts.  Receive state aid to cover part of it (e.g., last year cost was $38K, received $30K).  To comply with regulations, need to approve MMO amounts and include in the budget for 2020 and needs to be in the minutes.

AMOUNTS ARE AS FOLLOWS:  NON-UNIFORM PENSION – $17,106.00

                                                                                                 POLICE – $21,708

By motion of WENDELL/SCHOENLEBER, COUNCIL UNANIMOUSLY APPROVED THE MMO AMOUNTS AS CALCULATED AND PRESENTED.

Certificates of Appropriateness – ARB:

1. Wayne Bank – 111 W Harford St. – Door
2. Boyle – 211 E Harford St – Sign
3. Amy Kernahan – 210 E Harford St. – Sign
4. Stroyan Funeral Home – 405 W Harford St. – Windows
5. Borough Building – 500 Broad St. – Mast repair
6. State Farm Insurance – 611 Broad St – Sign, Awning
7. Pike County Commissioners – 103 W High St. – Ramp

BY MOTION OF HAAR/WENDELL, all items were approved by Council, based on recommendation of ARB.

NEW BUSINESS:

50. Renewal of Inter Municipal Garbage Truck Agreement with Matamoras – Tarquinio explained 2 pieces: (1) Mike Mrozinski from Pike County Planning asked for a letter from Borough Planning Commission stating that the joint purchase of a garbage truck with Matamoras is not contrary to the Comprehensive Plan; (2) Need to renew the inter-municipal agreement for another 3 years at a split of 60/40 for maintenance costs, etc.  Comment by Treasurer Myer that split was originally 70/30; changed to 60/40 due to amount of repairs due to Milford Boro use.  Purchase of garbage truck is being done by an LSA Grant; both municipalities will split the down payment 50/50. Question from Jon Kameen about how split was arrived at?  Discussion about Borough provided vs. private hauler; Populations are not equal.  Tarquinio explained there is a risk of not getting grant, agreement.  Question from Paul LaBounty – historic costs?  Myer said over 10 years, saving of thousands to Borough.  Zoning Officer Bolles said based on information from Matamoras, cost to residents is $3/wk, as opposed to $40/mth for private hauler.  BY MOTION OF WENDELL/CIERVO, COUNCIL APPROVED RENEWING INTER-MUNICIPAL AGREEMENT WITH MATAMORAS FOR MAINTENANCE.
51. Budget Workshop Meetings scheduled for October – Scheduled for Wed. Oct. 9^th, Thurs. Oct. 17^th, both at 6:00 pm. Secretary will advertise.  Tarquinio invited any candidates to attend and share ideas; can email to the secretary in advance of the workshops.

OLD BUSINESS:

1. Old Office Building – Tarquinio said had Council members go in the building prior to the meeting. Various estimates/opinions obtained:  BIU gave structural report- many issues (attached); Peggy McKiernan- Realtor – gave valuation, cost of repairs, various scenarios; determination from Solicitor that even if it were leased, and someone signed an agreement that they would do repairs, etc., Borough would still be liable for anything that may occur, such as the  floor joists collapsing.  Tarquinio said need to review information, make decision next month.  Agreed not to spend addt’l  $1800 for Engineer; will winterize and shut it down.  Question from Wendell – Does it need a permit from the ARB if they elect to raze it?  No- Not in the historic district.  Tarquinio said they could offer it to someone to move it.
2. 911 signs/alternatives/updates: Wendell gave update; most all 911 signs are metal signs, placed on metal stakes in yard; need to be high enough so they can be seen in the snow.  Consensus from residents is that they don’t want them in their yards.  Spoke to someone from a NJ municipality that uses an app- MFD already has.  Chief said there are 37 houses in the Borough with no numbers at all. Wendell suggested that they start with those, send letters and advise them to put a visible sign with house number so it can be seen from the street.  Chief thanked Council for taking this seriously.  Explained issues with house numbers that are roman numerals, not in visible location, trying to find on a computer, confusion about addresses, etc.  Tarquinio asked residents present at meeting how they felt- Valerie Meyer said should listen to Chief’s concerns; Haar said a lot of municipalities offer them through the fire dept; Jon Kameen said to first address the ones that have none, or ones that are not visible.  Should be up to the resident; Meagen Kameen said they would be an eyesore.  Tarquinio said to table, discuss again.  Will write letters to 37 with no numbers, as well as the 22 that are problematic.
3. No thru traffic signs – Need 41. Wendell said will be at streets that come off Broad and Harford.  BY MOTION OF WENDELL/SCHOENLEBER, COUNCIL APPROVED PURCHASE OF NO THRU TRAFFIC SIGNS AND POSTS, AS PER THE ORDINANCE PASSED (290-18)
4. Pot hole repair – Ciervo said he contacted 4 contractors; none interested. Tarquinio suggested using funds from Street Improvement to pave two sections of Third St.  BY MOTION OF WENDELL/CIERVO, COUNCIL APPROVED ADVERTISING FOR PAVING BIDS FOR THIRD ST. TO BE PAID FOR BY STREET IMPROVEMENT FUND (NOT LIQUID FUELS).  Commen from Kiger- Pot holes on 7^th between High & Ann- PennDot Rd.  There over 2 years; pointed out to PennDot.
5. Hazardous Tree removal- Valerie Meyer sent cost share letters out to residents; starting tree removal tomorrow (9/10/19)
6. Upstairs of Borough Hall – Applying for LSA Grant, Secretary provided list of estimates received to date; will provide all estimates to Nancy Schoenleber, who will be writing grant application. Tarquinio said intent would be to fix up, rent to non-profits for offices and conference rooms, and would help alleviate costs or maintaining building.  Discussion about generator-need to add quote to get generator for Borough Hall, include with grant application.  BY MOTION OF HAAR/SCHOENLEBER, COUNCIL VOTED TO SEND REQUEST TO COUNTY COMMISSIONERS FOR LETTER OF SUPPORT FOR LSA GRANT.

BY MOTION OF CIERVO/WENDELL, COUNCIL VOTED TO APPROVE COST OF $3800 TO MOVE EXISTING GENERATOR AT 111 W CATHARINE TO BOROUGH GARAGE AT BACK OF PROPERTY.

1. Ambulance update – Tarquinio- attended meeting today with Good Samaritan Company; based in Oklahoma. Currently provide services to Tobyhanna military base, looking to expand.  Cost of on ALS (to break even) is $75K.  Will come back in two weeks with proposals.  If State changes the law to allow County to collect tax for it, cost will be $750K for each of 5 units.  Borough only has coverage 12 hrs/day.  Westfall is covering during the day.
2. Electronic Recycling – County is trying to schedule, part of $ to go to a charity- $25/car, $100/truck. Determining location, will be joint with County, Twp.
3. Central Sewage update – Tarquinio gave update- heard from HRG, sent 115 questionnaires, received about 57 back (1/2).  Will next go door to door to try and do on-site visual inspections.  Not required to let anyone on their property.  (Comment from Meagen Kameen about public not being permitted to speak on this issue until the end of the meeting.) Tarquinio said following state process.
4. Sidewalks/Bluestone leveling/estimate – Tarquinio said verified with Solicitor that could use street improvement fund to work on sidewalks. MEC offered to pay half.  Cost is $5000.  BY MOTION OF CIERVO/FOSTER, COUNCIL APPROVED PAYMENT OF $2500 FROM BOROUGH, $2500 FROM MEC TO REPAIR/LEVEL SIDEWALKS.
5. HARB State Certification (CLG) Update- Trying to get certified with the Pa Museum ______ to then apply for grant in order to review/revise Design Guide.
6. Placement of One-way signs, arrows- Wendell went out with Paul to determine location of sign placement, etc.

COMMITTEE REPORTS:

Law & Zoning: Wendell – Update on Multi-family- need to send some letters; will confer with Solicitor about correct process.  Discussed proposing Property Maintenance Code; spoke to Solicitor and Zoning Officer.  Biggest issue would be in terms of enforcement.  Will prepare for consideration.

Finance & Insurance:  Secretary provided worksheets; Wendell asked for 2018 numbers to be on sheet; Turano not present, but renewed Insurance. Tarquinio said each department should try to identify potential capital expenditures.

Parks & Recreation (Haar) – New shed ordered for Ann St Park; should arrive 2^nd week of October, will be 35 ft. north of current location.  Will take old shed to Boro dump (where Boro recycles); looking for someone to move it.  Barckley Park – satisfied work that Grant has paid for.  Linda Pinto & Annette Haar are putting together figures to reimburse Boro.  Basketball nets in park- had to be stretched (by Paul).  Tarquinio said to thank Dan Kameen, Linda Pinto, Matt McCormack.  Kiger mentioned that trash receptacles were ordered- Haar said that was a Garden Club project, Linda Pinto got grant, ordered 8 trash cans, will be on main streets.  Locations- by Naked Bagel, Milford Diner, Biddis Park, Wells Fargo, Turkey Hill, Barckley Park,.

Borough Property (Ciervo):  Provided roof estimate for Borough building at 500 Broad (back roof). BY MOTION OF FOSTER/SCHOENLEBER, COUNCIL APPROVED REPLACEMENT OF ROLLED ROOF AT THE COST OF $1700. 

Mast on Borough Building – Mike Maruszewski got on roof, checked mast (had been repairing globe); needs to be removed by crane, need engineering to redesign.  Historic Preservation Trust agreed to pay $5000 towards repair.  Tarquinio said may be $4-5000 to remove; then engineering costs.  Some discussion by Council about removal, engineering.  Haar asked about ball?  Tarquinio said will eventually put it back.  Have engineering proposal from Mike Lamoreaux, MH&E- $110/hr.  He did original engineering.  Asking for approval to remove, and for engineering contract.  Wendell said thinks they should wait on engineering until they look at budget.  BY MOTION OF WENDELL/HAAR, COUNCIL AGREED TO COST OF UP TO $5000 FOR REMOVAL OF MAST.  (Kiger clarified that Trust has grant from Greater Pike to repair, not remove.  Tarquinio said the Council is clear on that).

Streets & Light (Ciervo : Estimate to paint crosswalks, hatch marks.  Gave numbers for painting vs. thermoplastic marks (last 5-6 yrs).  Difference is $40/crosswalk to $100/crosswalk.  Discussion about what to paint, what to hatch, material.  Comment from Meagen Kameen, Jon Kameen (public). Ciervo said PennDot said they all need to look the same.   Chief said the more visible the better. 

BY MOTION OF WENDELL/SCHOENLEBER, COUNCIL APPROVED THERMOPLASTIC IN ALL CROSSWALKS, LADDER ALL SIDESTREETS, PAINT CROSSHATCHING AT INTERSECTIONS. (Approx. $19,325)

Ciervo said has estimate for new dump truck (plow truck) – $59,500+; proposing to put in next year’s budget (paid by debt service).  Can use 20% of Liquid Fuels allocation for downpayment.  Discussion about when to purchase; won’t pass inspection in December.  May have to purchase it now, and then put in next year’s budget.  Will check balance left in liquid fuels.  Myer said he thinks it’s 20% of what’s left.  Secretary will call PennDot and check.

Ciervo reminded residents about overgrowths in alleys- need to be trimmed to 12 ft.  Shawn Bolles said can enforce, Paul has a list, send a notice.

Reminder- leaves not picked up by leaf machine until mid-October (October 14^th).  At this point still need to be put in barrels/paper bags.  Ciervo has a resident outside the Borough who will take leaves.

Tech/Communications: (Foster ) –  No report; Ahlstrand said Barry Bernathy fixed some of the email issues.

PUBLIC COMMENT:

Bill Kiger – Question about CLG Certification – what is 5% that is needed?  Tarquinio said Borough does 95% of what is necessary (for example- annual report).  Secretary has application, is working on additional paperwork.

Paul LaBounty- Maintenance of alleys- is Rob Ciervo liaison with UGI? Left a lot of rocks- Ciervo will look at it.

Peter Ruston- Asked what Borough stands regarding Santos Farm property?  Tarquinio said “official position” – Council supports “process”; work of planning commission, review/oversight  by County Planning, conformity to comprehensive plan, zoning, impact on contiguous municipalities.  As far as Borough is concerned, aware of concerns of residents of Borough, including some of the council members who have previously gone and expressed those concerns to Milford Twp.  For the Council to proceed in a more “official” manner would require them to first ascertain the Council’s consensus on whether there was merit in a conviction that any proposed Township ordinance is in contradiction to any of the documents above (i.e., comprehensive plan, etc.), and then would have to obtain legal services of an outside lawyer specializing in this type of law to evaluate the proposed ordinance against the documents which the County Planning is using in their review to establish the legal standing of the Council’s position.  The County personnel are highly trained, objective.  To spend money on outside counsel for legal advice would be a waste of taxpayer’s money, and would most likely yield nothing beyond what the County will discover.  For the Council to formally speak without legal support would risk the Borough being brought into litigation at a later date by one or more parties involved.  If and when Ordinances are created by the Township, and if plans are submitted to the Township based on these ordinances, at that time they will address and review their concerns with the township as a Borough about those particular plans.  Zoning change affects more than this one parcel.  Up to County to determine impact.

Comments by Meagen Kameen, Jon Kameen, Fred Weber, Peter Cooney, Trish Lutfy, Bill Kiger, Chuck O’Neil, Connie Nichols, Eugene Murphy about conflict of interest of Solicitor, Central sewer impacting decision, County input not binding, inaccuracy of facts reported and/or used by Township.   Asked for individual Council members position on proposed Zoning change.  Tarquinio said not required to answer but can if they want.  Wendell, Ciervo, not in support of change; Wendell said agrees they should correct inaccurate information.  BY MOTION OF CIERVO/HAAR, COUNCIL VOTED TO CONSULT AN ATTORNEY TO DETERMINE THEIR OPTIONS, AND HAVE THAT INFORMATION AT THE NEXT COUNCIL MEETING (FIRST MONDAY OF OCTOBER).  THIS IS A CONSULTATION ONLY, NOT A VOTE TO RETAIN AN ATTORNEY AT A COST TO THE BOROUGH.

Kiger – concerned about Economic Development “sapping up” the LSA funds for this developer; just wants Council to be part of the hearing to support the Borough

Trish Lutfy- Zoning is protection

Haar- made statement- one thing was accomplished that they will seek independent attorney; everyone on Council works very hard in their own way; she does work in Parks because she wants Borough to remain beautiful Boro that it is;  no one sitting on Council wants to see Milford change.  Change will come, anxious about what is going on, aware of what is going on; not sure how much they can do collectively; what the residents are doing by going to Township meetings is “spot on”; concerned about Council going en masse and creating a conflict that would put them in a bad light and not doing the job for the residents; speaking to an attorney is the best thing they can do.  Thank residents for coming.

CORRESPONDENCE:

Request from Ed Brannen re: Fair District Resolution- Council did not feel they had sufficient time to review.  Asked that they carry to the next meeting.

ADJOURN:          BY MOTION OF HAAR/FOSTER, MEETING ADJOURNED AT 8:41 PM