EPHRATA BOROUGH COUNCIL
REGULAR MEETING MINUTES
AUGUST 11, 2014
The regular Ephrata Borough Council meeting was called to order by President Dale Hertzog at
7:00 PM on August 11, 2014 in the Council Chambers of the Borough Office, 124 South State Street.
A moment of silence was observed, which was followed by the Pledge of Allegiance.
In attendance in addition to the President were Vice President Susan Rowe, President Pro Tem
Thomas Reinhold, Council Members Timothy Barr, Robert Good, Anthony Kilkuskie,
Victor Richard, Melvin Weiler and Mayor Ralph Mowen and Junior Council Members Julie
Brubacher and Kathryn Harris.
Also in attendance were Borough Manager D. Robert Thompson, Police Chief William Harvey,
Recording Secretary Kathy Holzinger, and Borough Solicitor James R. McManus, III, Esq.
Attending for the press were Gary Klinger of The Ephrata Review, Larry Alexander of the
Intelligencer Journal, and Ryan Ginova of the Reading Eagle. The following visitors were
present:
Dennis Rowe, 214 East Main Street, Ephrata
Ryan Genova, Millersville
Judy Stevens, Brownstown
Carl & Virginia Gregson, 885 North Maple Street, Ephrata
Ed Zalewski, Denver, PA
Chris Lynch, Ephrata, PA
Justin Townsley, Ephrata, PA
Dale & Linda Trout, Ephrata, PA
Wendy Seines, Ephrata, PA
Jean Lausch, Ephrata
Dave Harvey, Ephrata
Van L. Reitz, Ephrata
Paul Swangren, Akron
Jim Witwer, Spruce Street, Ephrata
Erica Mowen, Fulton Street, Ephrata
Ron Good, 470 Ridge Avenue, Ephrata
George DiIlio, 30 Kings Court, Ephrata
Gil Sager, 984 Martin Avenue, Ephrata
Tim Auker, 542 North State Street, Ephrata
Tina Thompson, Ephrata
Nancy Bires, Ephrata
Donna Kreiser, McNees, Wallace, & Nurick
Scott Kramer, RBC Wealth
Gail Bare, Ephrata
Ken Weber, Pioneer Fire Company
Council recessed at 7:02 PM for a Public Hearing
PUBLIC HEARING – APPLICATION OF WEIS MARKETS, INC., 331 NORTH
READING ROAD, EPHRATA – TRANSFER OF RESTAURANT LIQUOR LICENSE
R-19027
The Public Hearing was called to order at 7:02 PM.
President Hertzog turned the Public Hearing over to Solicitor McManus.
Mr. McManus said Borough Council has been requested by Weis Markets, Inc. to adopt a
resolution approving the intermunicipal transfer of a restaurant liquor license from outside the
borough to a location inside the borough. This request is being made in accordance with the
intermunicipal transfer provisions of the Commonwealth’s liquor code. Mr. McManus said
under the terms of the code Borough Council must hold a hearing for the purpose of allowing its
residents to voice their opinions on the proposed intermunicipal transfer. After the hearing,
Council is required to either approve or deny the requested transfer by way of a resolution or
ordinance.
Mr. McManus said for the record this hearing was advertised in The Ephrata Review, a
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August 11, 2014
newspaper of general circulation within the Borough of Ephrata. It was advertised on two
occasions on successive weeks being July 23 and July 30 in accordance with provisions of the
code.
Mr. McManus said Weis Markets, Inc., the applicant, is represented by Counsel Mr. Mark
Kozar.
Mark Kozar is with the law firm of Flaherty & O’Hara. Mr. Kozar said their specialty practice is
liquor law and liquor licensing with offices in Pittsburgh, Harrisburg, and Philadelphia.
Mr. Snyder was also in attendance with Mr. Kozar. Mr. Snyder is Project Manager in the
Architectural Department from Weis.
Mr. Kozar said they are here tonight to request that Borough Council approve a resolution
permitting the intermunicipal transfer of a liquor license from outside the municipality to within
it pursuant to title 47, section 461.b.3 of the Liquor Code. The restaurant liquor license will be
transferred to Weis for use at a new café at their store at 331 North Reading Road.
Mr. Kozar said the liquor code permits the PLCB to approve the transfer of a license from any
other municipality in Lancaster County to within any other municipality in Lancaster County so
long as the receiving municipality issues a resolution permitting that transfer.
The standard to be applied by the receiving municipality is that the receiving municipality must
approve the transfer unless it finds in doing so it adversely affects the health, welfare, peace, and
morals of the municipality and its residents. Mr. Kozar said in order for a decision to be made
on their request, Mr. Kozar gave a background on Weis Markets.
Mr. Kozar said Weis is planning a remodel of their store in Ephrata and as part of that remodel
they are planning to add a café. Mr. Kozar distributed floor plans – one is a close up of the café area, the other is a total floor plan that shows where the café will be located.
Mr. Kozar said the café will be located in the front left of the store. The café will have seating for approximately 32 people. There will be a wide selection of prepared food for consumption
on or off the premises.
Mr. Kozar said as an addition component, Weis is requesting transfer of a liquor license to
permit the sale of beer for on premise consumption and beer to go and the possibility of the sale
of wine for consumption on premise in the future.
Mr. Kozar said what they are asking for is nothing new or unusual; over the last eight years the
PLCB has approved liquor licenses for more than 210 grocery store/restaurants including 20
other Weis locations, the closest being in Lititz.
Mr. Kozar said there will be a separate entrance into the café area. The hours of operation for the café will be 7:00 AM to 11:00 PM or midnight and 7:00 AM to 11:00 PM or midnight on Sundays. There will be a dedicated restaurant manager who will receive the Bureau of Liquor
Control enforcement developed RAMP manager training. All café associates will also receive the RAMP server training. Weis has a 100% carding policy; everyone gets carded. Weis utilizes
either a card scanner or cash register lock out system which requires the clerk to input the
customer’s birthdate before the skew will be read by the cash register. Weis will offer single
servings for on premise consumption and up to 192 fluid ounces for take-out. Weis has a self-imposed two beer limit for on premise consumption. All beer must be purchased at the cash
register at the café area; the other store cash registers will not accept the beer SKUs. There will be a number of security cameras that will completely cover the café area and will be monitored by security personnel. In addition, the café associates and manager will be physically monitoring
the café area.
Mr. Kozar said the café will not be the type of place for people to hang out and drink; there is a two beer limit, no entertainment and no smoking. It will be a well-lit, safe and secure place
where customers, of which 70% are women, can purchase prepared food and a six-pack of beer
to take home or dine in and have a drink.
Mr. Kozar said Weis is a responsible owner, making a significant investment that will be
protected by responsible management and well-trained employees. Weis is a well-respected
employer and well respected community member and for these reasons we would ask that you
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pass a resolution permitting the transfer of the liquor license into the borough for use by Weis at
their new café.
Mr. Reitz said he is concerned that this will be taking business away from other bars.
Justin Townsley, 528 Lincoln Avenue, is the full-time manager of Ephrata Beverage, one of two
beer distributors in Ephrata. Mr. Townsley said he feels like Weis’s liquor license coming into
town is definitely going to take away from their business.
Mr. Townsley said the owner of Ephrata Beverage has invested all his money in this business,
and pays Mr. Townsley to be the full-time manager and he takes care of everything.
Mr. Townsley supports his family of four through that and thinks this is putting his job at risk.
Weis is just the beginning; Weis might be the first one. Everyone is going to serve beer. Where
does that leave us with all the money we invested in our small hometown business that’s locally
owned with local employees who they pay a decent salary, not just minimum wage?
Mr. Townsley said they feel this is going to lead to more problems; having alcohol everywhere.
Mr. Townsley said their store does not allow minors to come in.
Mr. Kozar said there are 210 grocery stores in the state that have liquor licenses and cafes.
Antidotal evidence is that not a single beer distributor has gone out of business. Mr. Kozar said
in State College it has actually increased distributors’ business.
Mr. Kozar said there is a county quota for liquor licenses. Mr. Kozar said you only look at the
local quota for one reason, and that is to determine if you need to have an intermunicipal hearing.
Mr. Kozar said if Ephrata was under quota and there was a license, they wouldn’t have to have a
hearing.
Erica Mowen of 120 West Fulton Street said she supports it, and she does go to Ephrata
Beverage for her beverages. Ms. Mowen said every once in a while she just wants a six pack
and doesn’t want to go into a bar and get groped for her six pack. Ms. Mowen said she could go
to Weis and get her six pack and if she wants more, she could still go to Ephrata Beverage.
Wendy Deines of 212 Boomerang said she has lived in Ephrata for almost 20 years and has lived
around the world. Mrs. Deines said she came here with her husband for his job at Philhaven to
raise a family. She loves Ephrata.
Mrs. Deines said she realized that Ephrata has a drug problem, a very serious drug problem.
Mrs. Deines’ daughter has gone to school with kids who are recovering alcoholics who are in
their teens.
Mrs. Deines said if you walk around Ephrata you know that we have a problem downtown with
kids. Mrs. Deines loved Jack Harley’s editorial the other week about we need to take Ephrata
back. We as adults and seniors have a responsibility to our kids. Mrs. Deines grew up in a
family where alcohol was involved and it ruined the family.
Mrs. Deines said she was saddened when she read in the paper that Weis, where she shops, wants
to bring in a beer café. What are we saying to our kids? We are making it more available in our stores. We are responsible to be examples in our community, and Mrs. Deines is concerned
because it makes it more accessible to our kids.
Mrs. Deines wants to support the community. Mrs. Deines asked the Borough to consider this –
what are we going to turn Ephrata into if we start letting this continue and not helping the kids,
teenagers, and adults who have drug problems.
Tina Thompson, 872 Fairview Avenue, said she supports Weis. Mrs. Thompson said she spends
a lot of time in Lititz and has been at their beer café, and it’s very nice. Mrs. Thompson said
they go camping regularly and they take wine coolers along sometimes, and she struggles
sometimes to find a place to get six packs in the area. Unless it’s a holiday, Mrs. Thompson only
wants a six packs.
Mrs. Thompson said she is in favor of the license, let’s get up with the times. Mrs. Thompson
said if she goes to Weis and tries something and likes it; she’ll go to the distributor and buy a
whole case of it. Mrs. Thompson said it gives her another option. It’s not going to tear our town
down.
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Virginia Gregson from North Maple Street said she is behind Weis. Mrs. Gregson has visited the
Lititz store numerous times and each time Mrs. Gregson has had to show her driver’s license.
Mrs. Gregson said she was very impressed with what they told her and how they handled the
transaction. Mrs. Gregson has also been at the Lewisburg store. Mrs. Gregson said as a woman
she certainly doesn’t want to go into a bar without her husband for a six pack and doesn’t need a
case at a time.
Bonnie Delp of Stevens said that Ephrata has had a long standing history of taking care of their
people and being very prudent to have the laws and have the clean community to feel safe and
secure. The more we add various establishments that have alcohol the more it pushes on the
communities that do not support the alcohol. There are many different establishments, bars up
the street, beer distributors. There are many different places you can buy small amounts of
alcohol. Ms. Delp said her other concern is having children coming and going; what kind of
image does that show them? Ms. Delp said she has many friends that will not come back to
Weis if this goes through. There has to be restraints on some things. Ephrata has been known to
have a high drug and alcohol problem.
George DiIlio, 30 Kings Court, said beer is proof that God loves us and wants us to be happy.
That’s attributed to Benjamin Franklin. Franklin drank beer, so did George Washington, Thomas
Jefferson often for breakfast. These boys also brewed their own beer, and they turned out to be a
pretty good bunch of guys. Brewing beer goes all the way back to 6000 B.C. when the
Samarians recorded a beer recipe on a stone tablet. They quit their nomadic life and settled
down so they could grow barley specifically to make beer. Because of the retched conditions of
water in the middle ages and earlier, beer was often drunk as a much cleaner option. Today we
don’t have to worry about the condition of water in Ephrata Borough which is outstanding.
However, there are times that I’d still rather not take any changes. Beer has inspired many for
centuries. Beer is especially good for you; it’s a cancer fighting agent. Some scientists believe
that the polyphenols can slow the growth of human cancer cells and hops are absolutely
brimming with polyphenols. Beer also makes you smarter. Moderate, moderate drinking has
been shown to improve memory, reasoning, and problem solving and can help reduce age related
mental decline. Beer has also been shown to reduce chance of kidney stones by 40%. The craft
beer industry in America is expanding at an outstanding rate. The proposed Weis beer café will sell a broad range of beer with a huge majority of that being craft beers. It is because of the Weis
beer café in Lititz that Mr. DiIlio has been able to enjoy Barking Squirrel lager, Elusive Traveler shanty, Elderberryveis, etc.
The proposed Weis beer café will allow Mr. DiIlio and countless others who enjoy outstanding beers to have access to a mind boggling range of choices without having to travel to get a mixed
six pack.
Abe Lincoln summed it up when he said I’m a firm believer in the people. If given the truth they
can be dependent upon to meet any national crisis. The great point is to bring them the real facts
and beer. Lady and gentlemen free my beer. Please approve this application.
Mr. Good asked Mr. Kozar at the establishment if someone comes into the café area and grabs two six packs, pays for them and walks out of the store. Are they then allowed to come back in
and get two more? Mr. Kozar said they could come back in and get two more. Mr. Kozar said it
would make more sense to go to the beer distributor and buy a case. Mr. Good said by law they
could actually buy two, go out, put it in their car and come back and buy two more.
Mr. Barr asked the Chief if there were many instances of adults buying for minors. Chief
Harvey said we have had only a couple reports where young people tried to solicit it, but the
adults contacted the Police Department. Chief Harvey said the adults of Ephrata are far more
responsible than people give them credit; they call the Police Department on things like this.
President Hertzog addressed Mr. Kozar saying you mentioned the restaurant contains 32 seats,
but the plan only has 30. Mr. Kozar said then he misspoke whatever is on the plan.
Mr. Hertzog said Mr. Kozar mentioned that the only reason we’re having the hearing is because
the county is over the quota. Mr. Kozar said Ephrata is over its quota.
Mr. Kozar said in 1934 after prohibition the quota was one license per 1,000 people. In the
1950s the legislature saw fit to raise the quota to 1 license per every 3,000 people. That meant
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immediately, almost every municipality was over quota. That meant there were not going to be
any new licenses issued and it became a free market.
Mr. Kozar said in 2001 the law was changed, and it became a county quota; there weren’t going
to be any more licenses issued in the county unless the county population went up.
The quota is one license per every 3,000 people. Ephrata’s population is about 13,000. Mr.
Kozar said he thinks there are six restaurant licenses in Ephrata, and Weis would make it seven.
Mayor Mowen said Weis Markets currently has a card policy. Mr. Mowen said his wife drinks
non-alcoholic beer and when Mrs. Mowen buys her non-alcoholic beer at Weis they card here
and she is of age.
Mayor Mowen said having the contact and tie-in as the overseer of the Police Department, when
he hears people say Ephrata has a severe drug problem that bothers him. Mayor Mowen has
spent his career as Mayor working on that issue. We do not have any worse a drug problem than
any other municipality our size and we have worked very hard to get a handle on that. Mayor
Mowen said last month he spent four days at the Pennsylvania State Mayor’s Conference where
drugs were an issue that was discussed. Ephrata is no different than any other municipality in
this Commonwealth or in this Country of this size; we don’t have any worse a drug problem than
anybody else. Mayor Mowen will stand behind that because he talks to the Police about that on
a regular basis.
Mr. Kozar said he would again ask Council to pass a resolution permitting the intermunicipal
transfer of the license. The standard is whether or not this license at this location by this
proposed licensee would negatively impact the health, peace, welfare and morals of the
municipality or its residents. Mr. Kozar said they do not believe that is so; we believe the
testimony tonight affirms that. Thank you.
The Public Hearing was adjourned at 8:43 PM.
The Borough Council meeting was reconvened at 8:43 PM.
APPROVAL OF MINUTES
It was moved by Mrs. Rowe, seconded by Mr. Barr, and unanimously passed that Borough
Council approve the July 14, 2014 Regular Meeting Minutes.
MUNICIPAL MOMENT
Jay Snyder, Environmental Resource Manager – Storm Water and Chesapeake Bay
Mr. Snyder said there is a Paradigm Shift occurring. Mr. Snyder said we have 43.7 inches of
rainfall on the average that occurs every year. The state used to be called Penns Woods. In a
wooded area 70% of that water will be either infiltrated or evaporated so only 30% runs off. We
are no longer Penns Woods. We have an urban suburban area and in a urban suburban area 40%
of what comes down goes in or up so that means there is an additional 30% runoff now than
there used to be 300 years ago.
Mr. Snyder said that difference is what creates 13 inches. A few years ago when we had
Tropical Lee we had 13 inches in about a week and a half. We had the Cocalico Creek, the
Conestoga River, and the Susquehanna River. All this ends up in the Chesapeake Bay. Half of
the Chesapeake Bay is brown.
Mr. Snyder said Ephrata’s MS4 permit has six minimum control measures, 20 best management
practices and some memorandums of understandings that we have with other municipalities in
the area and the county and that allows us to partner because a problem this large cannot be
solved by just one municipality.
We have four square miles and if we did everything perfectly we would still an impaired stream.
Mr. Snyder said we need to partner with those around us.
Mr. Snyder said if you own property for every square foot there’s about 8 gallons of water that
we need to manage differently than what we currently do. It’s everyone’s problem.
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There are six minimum control measures - Public Education, Public Involvement, Illicit
Discharge, Construction Site Runoff, Post-Construction Stormwater Management, and Good
Housekeeping
Mr. Snyder said we have had a stormwater ordinance in the borough for ten years. The new
ordinance, not only covers the amount of flow but the volume of flow. The new ordinance is
trying to cut back on the run off.
Mr. Snyder said typical examples of what you can do to help keep the water on your property
would be Rain Gardens, Rain Barrels, Green Roofs, additional Trees, and Shrubs that can catch
the water.
The goal is to reduce run off to the Cocalico Creek. Four square miles in the borough - can’t do
a lot but we have a lot of clean surfaces in our area. If we can infiltrate more or even partner
with other municipalities in other areas it would be easier to infiltrate more.
Mr. DiIlio said we are just one player in the whole process so if we are not getting cooperation
from other municipalities within the watershed then we will still be behind the eight ball.
Mr. Snyder said he is in constant communication with the seven to ten other municipalities.
They are as diligent as we are. We’re working in the Greater Cocalico Creek Watershed.
OPPORTUNITY FOR CITIZENS TO BE HEARD
Mr. Jack Harley, Sunset Avenue, said in the two weeks since his letter appeared in the Ephrata
Review, he has noticed an increased police presence in the square. They have noticed better
deportment by the young people who inhabit that area. Mr. Harley said they do appreciate the
efforts and look forward to having that continue. No one says that people shouldn’t be able to
enjoy the square in our little town but when the behavior gets bad then we have to stand up and
take that back. We have to live in a civil society or this is not going to be a nice place to live.
We do appreciate the efforts of the police force and the mayor and hope that it continues.
There were no comments or questions from attendees.
It was moved by Mrs. Rowe, seconded by Mr. Reinhold, and unanimously passed that the public
comment section of the meeting be closed until the end of tonight’s agenda.
ACCEPTANCE OF REPORTS
It was moved by Mr. Richard, seconded by Mrs. Rowe, and unanimously passed to approve
Acceptance of Reports consisting of the following documents:
BUDGET AND FINANCE COMMITTEE REPORT - 8/11/2014
The Budget & Finance Committee met on July 28, 2014 and discussed the following:
1. The Committee reviewed the Second Quarter Financial Report. While there are no major red
flags at this time several items were discussed. In the General Fund the Community Pool
receipts are lower than at the same time period last year. If a reduction in revenues is due to
the weather then we should also recognize a reduction in expenses in less chemical and
personnel costs. The Snow and Ice Control activity is over budget due to the harsh winter
conditions, and staff will try to cover these costs with excess funds from other activities by
year-end. It was noted that Police overtime is on budget year-to-date.
Water Fund overtime continues to be higher than budget due to system leaks needing to be
repaired as well as higher production needs. Overtime costs will continue to exceed budget
for the next quarter due to several capital projects being completed by in-house staff. Since
the water activity expenses are a direct reimbursement from the Water Authority to the
Borough revenues will also be higher than budgeted.
2. The Borough Manager reported to the Committee that he contacted the Solicitor regarding
the reimbursement agreement with the EEDC. According to the Solicitor the Borough has
the authority to enforce the guidelines provided for in the agreement. Staff will draft a letter
for the Committee to review regarding repayment of interest on the outstanding loan.
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DEVELOPMENT ACTIVITIES COMMITTEE – 8/11/2014
The Development Activities Committee met on July 28, 2014. There was no quorum. The
following information was provided:
1. The Borough received a request from Weis Markets to make an inter-municipal transfer of a
liquor license. An existing liquor license from Columbia is proposed to be transferred to the
Weis Markets located at 331 North Reading Road in Ephrata Borough. Weis Markets is
planning a future restaurant and will sell beer for consumption on the premises and “to go”.
In the future they may sell wine for consumption in the restaurant. A public hearing must be
held. Mrs. Rowe will present this request to the Development Activities Committee at the
August 4th Council work session for a recommendation that is anticipated to be acted on at
the August 11, 2014 Council voting session.
2. The staff provided a copy of the revised, proposed rental ordinance. The solicitor highlighted
the changes. He also reviewed a proposed alternate appeals board that would deal
specifically with appeals from the rental ordinance and would have a landlord/manager
represented on the Board. Currently the proposed ordinance uses the established Property
Maintenance Board of Appeals. Mrs. Rowe provided her comments. The proposed
ordinance will be provided to all of Council for comments. This will be discussed at the
August Committee meeting.
3. The staff presented options for the disposition of property at 21 Springhouse Road. The
agreement with High Associates has expired with no interest in leasing the property. The
staff is suggesting that the property be disposed of through sealed bid or public auction along
with the 20 across the street. This will be discussed at the August Committee meeting.
4. The staff presented information regarding the proposed land transfer of property to the fire
companies. The staff is recommending that the deed be placed in both fire companies’
names. This will be discussed at the August Committee meeting.
5. The staff presented information regarding the usage of Whistle Stop Plaza. The Rec Center
has agreed to manage the use of the Plaza for private groups. They will process applications
consistent with the Grater Park pavilion rentals. The staff will continue to direct requests for
use of the Plaza by groups for a public function to Development Activities for approval.
6. The staff presented the second quarter budget report for activities under the Committee’s
purview. This will be discussed at the August Committee meeting.
7. There wasn’t a July Zoning Hearing Board meeting.
8. There was one new application for the August Zoning Hearing Board meeting.
PUBLIC SAFETY COMMITTEE – 8/11/2014
The Public Safety Committee met on July 28, 2014 at 7:30 PM and discussed the following:
1. Ephrata Mayor’s Council for Youth/Whistle Stop Updates- presented by Councilperson
& Chair of Mayor’s Council on Youth Bob Good. Mr. Good presented on last month’s
successes from prior meetings, interactions with members/public and pending ordinances
coming from Community Services committee. All were invited to the upcoming meeting
later this week - Received For Informational Purposes Only
2. 2nd Quarter FY 2014 Budget – presented by Chief Harvey - Received For Informational
Purposes Only
3. Police Civil Service Minutes 3rd Quarter FY 2014- presented by Chief Harvey - Received
For Informational Purposes Only
4. Comp-stat (June 2014) –presented by Chief Harvey with discussion over increasing
property crimes which account for 92% of all reported Part 1 crimes. - Received For
Informational Purposes Only
5. EMC Report (June 2014) – presented by Chief Harvey with discussion recapping 4th of July
events (race & fireworks) and upcoming fair preparations - Received For Informational
Purposes Only
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6. 3rd Quarter FY2014 EMC Meeting Report - presented by Chief Harvey with discussion
over positive interaction between all borough and regional emergency responses assets. Received For Informational Purposes Only
7. Participation in Drug Task Force (DTF) – Chairman Kilkuskie inquired if there were any
questions from Council regarding the participation in the Drug Task Force from last council
meeting; there have been none. The next step will be for Borough Staff to draft a letter to the
Township asking for their commitment to funding their percentage of the additional costs to
participate in the DTF. Supervisor Zerbe stated that they await the letter - Received For
Informational Purposes Only
There being no other business set before it, the meeting was adjourned at 8:42 PM.
The next regularly scheduled PSC meeting will be August 25, 2014.
HIGHWAY COMMITTEE REPORT – 8/11/2014
The Highway Committee met on Monday, July 28, 2014 and discussed the following:
1. The Committee listened to concerns raised by four property owners regarding the
experimental no parking regulations recently erected along the south side of Linda Terrace in
accordance with Resolution 2014-7 adopted by Council at their July 14, 2014 meeting. The
residents live at 138, 140 and 165 Linda Terrace. The 95 feet of no parking eliminates
parking for approximately 5 vehicles and is creating parking problems for the residents in the
area. They understand the need for the emergency vehicles to navigate around the circle but
asked if there was another way to gain maneuverability for the emergency vehicles. The staff
committed to finding a reasonable solution. This will be discussed at next month’s
Committee meeting.
2. The Committee reviewed a request from Boy Scout Troop 38 dated June 9, 2014 to use the
Ephrata Borough Office parking lot and the Major Dick Winters Trail parking lot adjacent to
East Fulton Street and Railroad Avenue during the Ephrata Fair to park cars as a fundraiser.
The Committee will recommend that Borough Council conditionally approve this request as
part of the Consent Agenda subject to the receipt of a certificate of insurance naming the
Borough as additional insured at their August 11, 2014 meeting.
3. The Committee reviewed a request received from the Ephrata Merchants Association on
July 18, 2014 for the use of the Central Business District sidewalks, Whistle Stop Plaza, close driveway from Main Street to end of Railroad Station building from 3 PM to 8 PM,
electric turned on at panel box in front of the railroad station building, open bathroom at the
Railroad Station building from 5 PM to 8 PM, one fire police personnel from 5:30 PM –
7:30 PM to accommodate pedestrian crossing of Main Street where necessary, three (3) parking spaces along the South side of East Main Street from ENB to the Money
Management building and three (3) parking spaces along the North side of East Main Street
in front of the Ephrata Re-Uzit Store for their “Dog Days of Summer” event to be held from
5:30 PM to 7:30 PM on Friday August 15, 2014. The Committee will recommend that
Council conditionally approve the requests as part of the Consent Agenda subject to the ReUzit Shop being notified by the Merchants about this event and the temporary loss of 3
parking spaces in front of their business and Borough receipt of a certificate of insurance
naming the Borough as an additional insured at their August 11, 2014 Council meeting.
4. The Committee reviewed a request from the Ephrata Merchants Association dated
July 14, 2014 for the use of Whistle Stop Plaza, all the parking spaces located on the Whistle Stop Plaza property (from Rose Alley to Main Street) from 7 AM to 2 PM, electric be turned
on at the panel box in front of the Railroad Station building and three (3) parking spaces
along the North side of East Main Street in front of the Ephrata Re-Uzit Store for their “Get
Your Gourd On” event to be held on Saturday October 18, 2014 from 9 AM to 1 PM. The
Committee will recommend that Council conditionally approve the request as part of the
Consent Agenda subject to the Re-Uzit Shop being notified by the Merchants about this
event and the temporary loss of 3 parking spaces in front of their business and Borough
receipt of a certificate of insurance naming the Borough as an additional insured at their
August 11, 2014 Council meeting.
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5. The Committee reviewed a request from the Ephrata Merchants Association dated
July 22, 2014 for their annual Arts & Crafts and Restaurant Fair to be held on Saturday, September 6, 2014. They would like to close: 1. East Main Street from Lake Street to State
Street, 2. West Main Street from Church Street to State Street, 3. North State Street from
Main Street to Locust Street, 4. South State Street from Main Street to Franklin Street. All
closures would be from 5:30 AM to 5:30 PM. They would also like full use of the Whistle
Stop Plaza from Main Street to Rose Alley and that all no parking signs and barricades be
placed Friday, September 5th, 2014 at 9 PM to prevent overnight parking in the defined areas.
The y are also requesting that electric be turned on at the panel box in front of the Railroad
Station building, provide a key for access to public water at Whistle Stop Plaza, open the
public restrooms at Railroad Station building and permission to maintain Porta Potties at the
Ephrata National Bank drive-in lot. The Committee will recommend that Council
conditionally approve the request as part of the Consent Agenda subject to the receipt of a
certificate of insurance naming the Borough as an additional insured at their August 11, 2014
Council meeting.
6. The Committee reviewed the 2nd Quarter 2014 budget report relative to street and storm
water maintenance activities, applicable capital funds, highway aid fund, and mobile
equipment fund. There were no comments. No further action required at this time.
MUNICIPAL ENTERPRISES COMMITTEE REPORT – 8/11/2014
The Municipal Enterprises Committee met on July 21, 2014 and discussed the following:
1.
Director of Operations, Thomas Natarian, provided the Committee with an update regarding the
year to date experience with PCA. The goal of meeting the year end fund balance projection is
on target, and the PCA charge to customers is projected to be less than expected. Staff is
recommending a BPSC adjustment that is expected to result in a slightly negative PCA for the
remainder of the year. The Committee reviewed Resolution 2014-XX to change the Base Power
Supply Cost from $0.0918/kwh to $0.0878/kwh beginning with the first billing cycle in
September 2014. The Committee will recommend that Council adopt Resolution 2014-8 at their
August 11, 2014 meeting. This item will appear on the Consent Agenda.
2.
The Committee reviewed Bid #14-13 for painting of the Final Clarifiers at Wastewater
Treatment Plant #2. Staff recommends that the bid be awarded to the low bidder, Real Painting,
Inc. of Monroeville, PA in the amount of $55,000. The bid amount exceeds the budgeted
amount of $45,000. Accordingly, Staff is recommending that $10,043.03 from the projected
unused balance of account #08-46-818-4360 - Contract Services be transferred to account #0846-816-7410 - Machinery & Equipment in order to fund the unbudgeted amount. The
Committee will recommend that Council authorize the transfer of funds as well as the awarding
of Bid #14-13 at their August 11, 2014 meeting.
3.
The Committee reviewed a summary of a Cost of Service and Retail Rate Design study prepared
by GDS Associates. The study recommends changes to electric rates and new rate
classifications. A key provision of the new rate design involves the unbundling of energy from
distribution and demand charges. Residential customers would have separate energy and
distribution charges. Large commercial customers would have separate energy, distribution, and
demand charges. The new rate designs are similar to those of other pubic power providers and
investor owned utilities. The study recommends a surcharge for three-phase customers and a
revised net metering policy. With the new retail rates every rate classification is expected to
receive a rate reduction. This is the second time the Committee has discussed the details of the
Cost of Service and Retail Rate Design study. At the next meeting the Committee will consider
endorsement of the study. If the study recommendations are adopted by Council, new
Ordinances will be prepared to implement the recommendations of the study so that the new
rates would become effective with the first billing cycle after January 1, 2015.
4.
Mr. Natarian presented an updated engineering plan and cost estimate for the proposed
reconductoring project. Staff is considering financing options for the project and will be
preparing a recommendation for the Committee to consider at a future meeting.
5.
Mr. Natarian reviewed with the Committee the 2nd Quarter Financial reports prepared by
Director of Administration and Finance, Gail Bare for the Water Fund, Electric Fund, Sewer
Fund, Sanitation Fund, and Sewer Permit Fund. Water Fund expenditures were negatively
impacted by additional overtime caused by leaks in the system and the failure of Well #4. The
Electric Fund reflects the impact of the unusually cold weather during the winter. Although
revenues were higher, expenditures were more so, reflecting the decision to pay for the excessive
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August 11, 2014
portion of the January power supply bill from fund balances. Costs for Sewer, Sanitation, and
Sewer Permit Funds were within expected ranges.
COMMUNITY SERVICES COMMITTEE REPORT – 8/11/2014
The Community Services Committee met on July 21, 2014 and discussed the following:
1. The Committee entertained comments from the visitors regarding the issues with the Whistle
Stop Plaza and the downtown area. It was mentioned that merchants are concerned about the
safety of their employees and customers. Staff and elected officials explained that the
Borough is trying to work with various groups to improve the overall experience in the
downtown area but there are restrictions that limit the amount of enforcement the Police
Department can issue.
2. The Committee reviewed the final version of the Non-Littering ordinance. It was noted that
Section 6 still refers to recyclables being stored in an enclosed recycling container and the
Borough provided recycling containers are not enclosed. Therefore pending the Solicitor
revising the verbiage to remove the word enclosed, the Committee will recommend that
Borough Council enact the ordinance adding a new Chapter 218 to the Code of the Borough
entitled Non-Littering at their August 11, 2014 Council meeting.
3. The Committee reviewed the final version of the No Smoking ordinance. The Committee
will recommend that Borough Council enact the ordinance prohibiting the use and possession
of tobacco products or simulated tobacco products by minors at their August 11, 2014
Council meeting.
4. The Committee reviewed the final version of the Ordinance amending the Park and
Recreation chapter of the Code of the Borough of Ephrata. The Committee will recommend
that Borough Council enact the ordinance adding amending Chapter 221 Parks and
Recreation by adding definitions for the terms of electronic cigarette and simulated tobacco
product, deleting the prohibited act of loitering and adding the prohibited act of using
tobacco products or simulated tobacco products except within designated areas within any
Borough owned, maintained or operated recreation area. This Ordinance will be enacted at
their August 11, 2014 Council meeting.
5. Recreation Center Executive Director Summers requested approval to hold a dog swim at the
Community Pool at the end of the regular season. The pool staff will follow Department of
Health protocol. The Committee will approve this request as part of the Consent Agenda at
their August 11, 2014 Council meeting.
6. The Committee reviewed the second quarter financial report. The only item mentioned was
the pool receipts which were about $13,000 lower this year compared to the same period last
year. This could be a timing issue as to when the receipts were collected.
7. The Committee asked staff to remove the item concerning the letter to EEDC regarding the
Bowling Alley Project from future agendas. It was determined that the Committee has no
interest in submitting a letter to EEDC on behalf of the Bowling Alley project.
8. It was reported by staff that the final design for the skate board park should be received by
the Borough on or before July 25, 2014.
July General Ledger Report
Lincoln Fire Company – July 2014
Pioneer Fire Company – July 2014
Ephrata Community Ambulance Association – July 2014
Emergency Management Coordinator July 2014 Report
July Shade Tree Commission Report
TEFRA Meeting Minutes – August 7, 2014
2nd Quarter Electric
EEDC
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August 11, 2014
NEW BUSINESS ITEMS
Consent Agenda (includes the following approvals)
It was unanimously passed that Borough Council approve the Consent Agenda consisting of the
following:
1. That Borough Council approve the request from Boy Scout Troop 38 to use the Ephrata
Borough Office parking lot and the Major Dick Winters Trail parking lot adjacent to East
Fulton Street and Railroad Avenue for fundraising during the 2014 Ephrata Fair. (Highway
Committee)
2. That Borough Council approve the requests from the Ephrata Merchants Association in
accordance with their memorandum received July 18, 2014 to conduct their annual “Dog
Days of Summer” event on Friday, August 15, 2014 from 5:30 PM to 7:30 PM in downtown
Ephrata. This approval is subject to the Ephrata Merchants notifying the Re-Uzit Store that 3
parking spaces along East Main Street in front of their store will be reserved and Borough
receipt of a satisfactory Certificate of Insurance naming the Borough as additional insured.
(Highway Committee)
3. That Borough Council approve the requests from the Ephrata Merchants Association in
accordance with their memorandum dated July 14, 2014 to conduct their annual “Get Your
Gourd On” event on Saturday, October 18, 2014 from 9:00 AM to 1:00 PM at Whistle Stop
Plaza. This approval is subject to the Ephrata Merchants notifying the Re-Uzit Store that 3
parking spaces along East Main Street in front of their store will be reserved and Borough
receipt of a satisfactory Certificate of Insurance naming the Borough as additional insured.
(Highway Committee)
4. That Borough Council approve the requests from the Ephrata Merchants Association in
accordance with their memorandum dated July 22, 2014 to conduct their annual “Arts &
Crafts and Restaurant Fair” event on Saturday, September 6, 2014 in downtown Ephrata.
This approval is subject to Borough receipt of a satisfactory Certificate of Insurance naming
the Borough as additional insured. (Highway Committee)
5. That Borough Council adopt Resolution 2014-8 establishing a base power supply cost
(BPSC) of $0.0878/kwh to be used in developing the power cost adjustment (PCA) effective
with the first billing cycle of September 2014. (Municipal Enterprises Committee)
6. That Borough Council approve the request from the Ephrata Recreation Center to hold the
second annual Dog Swim at the community pool on Saturday, September 6, 2014 per the
written request received on July 25, 2014. (Community Services Committee)
RESOLUTION 2014-8
A RESOLUTION TO ESTABLISH A
BASE POWER SUPPLY COST
WHEREAS, Chapter 165, Electricity, of the Ephrata Borough Code of Ordinances, §165-12 added 12-10-2007 by Ordinance Number 1438; and amended 1-12-2009 by Ordinance Number 1449
establishes the parameters of a Power Cost Adjustment Rider (PCA); and
WHEREAS, Borough Council adopted Resolution 2012-19 authorizing the implementation of the
PCA beginning with the first billing cycle of 2013; and
WHEREAS, a Base Power Supply Cost (BPSC) is an essential factor of the PCA that is defined
in Ordinance Number 1449 as “such dollar amount as shall be established from time to time by resolution
of the Council of the Borough of Ephrata”; and
WHEREAS, the Borough Council has determined that it is desirable to establish a BPSC such
that the PCA will have minimal impact upon customer’s bills on an annual basis; and
WHEREAS, an analysis of the projected electricity purchases and sales has been performed in a
manner consistent with the aforementioned intent.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE BOROUGH OF
EPHRATA, PENNSYLVANIA:
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August 11, 2014
SECTION 1. That the Borough Council hereby establishes a Base Power Supply Cost of
$0.0878/kwh to be in effect commencing with the first electric service billing cycle of September 2014.
SECTION 2. That if any section, subsection, paragraph, clause or provision or any part thereof
of this Resolution shall be finally adjudicated by a court of competent jurisdiction to be invalid, the
remainder of this Resolution shall be unaffected by such adjudication and all the remaining provisions of
this Resolution shall remain in full force and effect as though such section, subsection, paragraph, clause
or provision or any part thereof so adjudicated to be invalid had not, to the extent of such invalidity, been
included herein.
SECTION 3.
That this Resolution shall take effect at the earliest date allowed by law.
SECTION 4. That it is found and determined that all formal actions of this Council concerning
and relating to the passage of this Resolution were taken in conformance with applicable open meetings
laws and that all deliberations of this Council and of any committees that resulted in those formal actions
were in compliance with all legal requirements including any applicable open meetings requirements.
STANDING COMMITTEE RECOMMENDATIONS
Budget and Finance Committee
It was moved by Mr. Richard, seconded by Mr. Kilkuskie, and passed by a vote of seven yeas by
Messrs. Barr, Good, Hertzog, Kilkuskie, Reinhold, Richard, and Weiler, and an abstention by
Mrs. Rowe that Borough Council adopt Resolution 2014-9 to empower, authorize and direct the
Budget and Finance Committee Chairperson to execute and deliver an “approval of applicable
representative” form. The Borough Council intends that this resolution and the subsequent
execution and delivery of the approval of “applicable elected representative” by any member of
the Borough Council shall constitute the “approval by a government unit” required by Section
147(f) of the Code.
Mr. Hertzog asked how this is different than the ordinance that was passed. Mrs. Kreiser said the
Borough Authority previously authorized the issuance and delivery of the note or bond to finance
a project on behalf of the Ephrata Recreation Center. The Ephrata Recreation Center is a 501c3
entity and as a result of its structure and the nature of the bond the Internal Revenue Code
requires that a TEFRA Hearing be held providing citizens of the municipality served by that
project the opportunity to speak. After the TEFRA Hearing then the Internal Revenue Code
requires that an official from the municipality serviced by that project approve the TEFRA
Hearing. This is a process required by the Internal Revenue Code as it relates to this particular
type of bond – a 501c3 bond.
President Hertzog said, in a nutshell, our vote is simply to approve the results of the hearing.
Mrs. Kreiser said that is correct.
RESOLUTION 2014-9
WHEREAS, the Ephrata Borough Authority (the "Authority") is a body corporate and
politic originally organized as the Municipal Authority of the Borough of Ephrata by the
Borough of Ephrata, Pennsylvania (the "Borough") and is governed by the Pennsylvania
Municipality Authorities Act, 53 Pa. Cons. Stat. §§5601 – 5622, as amended (the “Authorities
Act”); and
WHEREAS, Ephrata Recreation Center, a Pennsylvania nonprofit corporation (the
“Corporation”), operates a recreation center (the "Center") for the public on land in the Borough
which is owned by the Authority and leased to the Corporation, pursuant to a lease dated
December 27, 1976, as amended; and
WHEREAS, the Corporation has requested the Authority to assist in the financing of the
costs of a project for the Corporation (the “Project”), consisting of (i) ) the current refunding of
the Authority’s outstanding Guaranteed Recreation Revenue Bond, Series of 2008 (the "Prior
Bond"); and (ii) payment of the costs and expenses associated with the issuance of the
hereinafter defined 2014 Recreation Note; and
WHEREAS, in order to finance the Project, the Corporation has requested that the
Authority issue its Guaranteed Recreation Note, Series of 2014 in the maximum aggregate
principal amount of $2,515,000 (the “2014 Recreation Note”), the proceeds of which will be
applied to the costs of the Project, and the lending of the proceeds of the 2014 Recreation Note
by the Authority to the Corporation for use by the Corporation for financing the Project; and
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August 11, 2014
WHEREAS, pursuant to the Internal Revenue Code of 1986, as amended (the “Code”),
all tax-exempt obligations issued by the Authority, such as the 2014 Recreation Note to be issued
to finance the Project for the benefit of the Corporation, must be approved by the “applicable
elected representative” of a governmental unit having geographic jurisdiction over the site of the
facility to be financed by the proceeds of the 2014 Recreation Note, after a public hearing
following reasonable notice; and
WHEREAS, pursuant to the Code, the term “applicable elected representative” means,
among other things, the elected legislative body of a governmental unit having geographic
jurisdiction over the site of the facility to be financed by the proceeds of the 2014 Recreation
Note; and
WHEREAS, the Borough Council is the “applicable elected representative” of the
Borough within the meaning of the Code; and
WHEREAS, the Borough Council desires to authorize and direct its Chairperson of the
Budget and Finance Committee, or in his absence, any other member of its Borough Council to
act on its behalf as such “applicable elected representative.”
NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE
BOROUGH OF EPHRATA, AS FOLLOWS:
1.
The Borough Council hereby authorizes any member or representative of the
Authority (including but not limited to the Solicitor to the Authority) as its representative to
conduct the public hearing required by Section 147(f) of the Code on behalf of the Borough.
2.
The Borough Council hereby empowers, authorizes and directs its Chairperson of
the Budget and Finance Committee, or in his absence, any of its members, to execute and deliver
an “approval of applicable representative” in the form attached hereto; provided, that, such
approval shall be delivered only following a public hearing conducted by the Authority, which
has followed reasonable public notice, with respect to the Project (described on such approval).
The Borough Council intends that this resolution and the subsequent execution and delivery of
the approval of “applicable elected representative” by any member of the Borough Council shall
constitute the “approval by a government unit” required by Section 147(f) of the Code.
3.
This approval is given by the Borough Council as host community of the Project,
i.e., as the governmental unit which contains the site of the Project, and solely for the purposes of
Section 147(f) of the Code. This approval has been given solely for that purpose and does not
constitute approval of any requests which may arise with respect to zoning, subdivision or land
development, construction or any other matters, and this approval does not limit the ability of the
Borough to impose conditions upon any approval or to collect any fees, costs, taxes, or payments
in lieu of taxes.
4.
Except as otherwise set forth herein, the approval granted hereby shall not pledge
or obligate the credit or taxing power of the Borough, nor shall the Borough be liable for the
payment of principal of, or interest on, any obligations issued by the Authority. The Borough,
pursuant to a certain guaranty agreement previously authorized by the Borough, has
unconditionally guaranteed payment of the full amount of all principal of and interest on the
2014 Recreation Note when due, and for such payment and pursuant to such guaranty agreement
the Borough has pledged its full faith, credit and taxing power .
5.
The Borough Council approves and ratifies all action heretofore taken in
connection with the 2014 Recreation Note and the Project by any member, officer or
representative of the Authority.
DULY ADOPTED this 11th day of August, 2014 by the Borough Council of the
Borough of Ephrata, Lancaster County, Pennsylvania.
Development Activities Committee
It was moved by Mrs. Rowe, seconded by Mr. Reinhold, and passed by a vote of seven yeas by
Messrs. Barr, Good, Hertzog, Kilkuskie, Reinhold, Richard, and Mrs. Rowe and one nay by Mr.
Weiler that Borough Council adopt Resolution 2014-10 for the transfer of restaurant liquor license
no. R-19027 into the Borough of Ephrata from Columbia, Pennsylvania.
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August 11, 2014
RESOLUTION 2014-10
A RESOLUTION OF THE BOROUGH OF EPHRATA, COUNTY OF LANCASTER,
COMMONWEALTH OF PENNSYLVANIA, APPROVING THE TRANSFER OF
RESTAURANT LIQUOR LICENSE NO. R-19027 INTO THE BOROUGH OF EPHRATA
FROM COLUMBIA, PENNSYLVANIA
WHEREAS, Act 141 of 2000 (“the Act”) authorizes the Pennsylvania Liquor Control Board to
approve, in certain instances, the transfer of restaurant liquor licenses across municipal boundaries
within the same county regardless of the quota limitations provided for in Section 461 of the Liquor
Code if, as in Ephrata Borough, sales of liquor and malt or brewed beverages are legal in the
municipality receiving the license; and
WHEREAS, the Act requires the applicant to obtain from the receiving municipality as resolution
approving the inter-municipal transfer of the liquor license prior to an applicant’s submission of an
application to the Pennsylvania Liquor Control Board; and
WHEREAS, the Liquor Code stipulates that, prior to adoption of a resolution by the receiving
municipality, at least one hearing be held for the purpose of permitting individuals residing within
the municipality to make comments and recommendations regarding applicant’s intent to transfer a
liquor license into the receiving municipality; and
WHEREAS, an applicant for transfer filed under the Act must contain a copy of the resolution
adopted by the municipality approving the transfer of a liquor license into the municipality.
NOW,THEREFORE, BE IT RESOLVED, that Weis Markets, Inc. has requested the approval of the
Ephrata Borough Council for the proposed transfer of Pennsylvania restaurant liquor license no. R19027 (currently licensed to ADF PA, LLC, currently in safekeeping with the PLCB, for previous
licensed premises at 846 Lancaster Avenue, Columbia, PA 17512) by Weis Markets, Inc. to
restaurant facilities within Ephrata Borough to be located at 331 North Reading Road, Ephrata,
Pennsylvania 17522 with the understanding that said transfer must be approved at a later date by the
Pennsylvania Liquor Control Board; and
BE IT FURTHER RESOLVED, that the Ephrata Borough Council has held a properly advertised
public hearing pursuant to the notice provisions of Section 102 of the liquor Code to receive
comments on the proposed liquor license transfer; and
BE IT FURTHER RESOLVED that Ephrata Borough approves, by adoption of this Resolution, the
proposed intermunicipal transfer of restaurant liquor license no. R-19027 into Ephrata Borough by
Weis Markets, Inc.; and
BE IT FURTHER RESOLVED that transfers, designations and assignments of licenses hereunder
are subject to approval by the Pennsylvania Liquor Control Board.
Municipal Enterprises Committee
It was moved by Mr. Reinhold, seconded by Mrs. Rowe, and unanimously passed by roll call
vote that Borough Council award Bid #14-13 for painting of the Final Clarifiers at Wastewater
Treatment Plant #2 to Real Painting, Inc. of Monroeville, PA in the amount of $55,000.
It was moved by Mr. Reinhold, seconded by Mr. Kilkuskie, and unanimously passed by roll call
vote that Borough Council authorize an unbudgeted expenditure in the amount of $26,926 from
the unallocated balance of the Sewer Fund for the additional scope of services authorized to
CDM Smith for the relocation of the sewer line at WWTP #1 required by the PennDOT bridge
replacement project.
Community Services Committee
It was moved by Mr. Good, seconded by Mr. Reinhold, and unanimously passed that Borough
Council enact Ordinance 1507 amending Part II, General Legislation of the Code of the Borough
of Ephrata adding a new Chapter 218 entitled Non-Littering, to prohibit the throwing or
depositing of litter in public places in the Borough of Ephrata; regulating the distribution of
handbills; controlling the depositing of litter on private premises; and prescribing penalties for
the violations of its provisions.
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August 11, 2014
It was moved by Mr. Good, seconded by Mr. Barr, and unanimously passed that Borough
Council enact Ordinance 1508 prohibiting the use and possession of tobacco or simulated
tobacco products by minors.
It was moved by Mr. Good, seconded by Mr. Reinhold, and unanimously passed that Borough
Council enact Ordinance 1509 amending the Code of the Borough of Ephrata, Chapter 221,
Parks and Recreation, by adding definitions for the terms electronic cigarette and simulated
tobacco product, by deleting the prohibited act of loitering and by adding the prohibited act of
using tobacco products or simulated tobacco products except within designated areas within any
Borough owned, maintained or operated recreation area.
APPROVAL OF CHECKS 19763 THROUGH 20009 AND THE ACH REGISTER
DATED JULY 31, 2014
It was moved by Mr. Richard, seconded by Mrs. Rowe, and unanimously passed that Borough
Council ratify the payment of bills performed by the staff since the last regular Council meeting
in the aggregate amount of $1,716,760.51.
OPPORTUNITY FOR CITIZENS TO BE HEARD
Mr. Van Reitz said his concern is what was the idea of giving backing to a motel up here in
Ephrata when we don’t have any business in Ephrata or very little. Mr. Reitz said the only thing
you can say is we need a motel in the area but then we’re backing it with our electric reserves.
Mr. Reitz was referring to the Hampton. Mr. Reitz said why should we back that when there
isn’t really any demand for it, who is stopping here in the area?
Mayor Mowen said that hotel on the top of the hill is booked most weekends solid; it is used. In
addition it has been voted twice in the last several years as the number one hotel in that chain in
the state of Pennsylvania. Mr. Reitz said he was just interested, why was the electric reserve
used by the borough to get it started?
President Hertzog said that is a discussion for a committee and would welcome your comments
at the committee. President Hertzog suggested Budget and Finance.
Don Good from 470 Ridge Avenue said he appreciates the people in borough and appreciates the
whole town but if everyone was like me – I never drank a beer and I don’t smoke. I don’t have
any trouble with any butts lying around.
Mr. Dave Harvey, 851 South State Street, said he’s like to beg the Borough Council for some
clarification on the proposed skatepark. Mr. Harvey said he has been quite to date because he is
only one in that area who will be affected by that and one doesn’t make up too much of a petition
to go against that situation.
Mr. Harvey said he has been watching the Ephrata Review from the inception of the skatepark
came along. Mr. Harvey said he was told that the original site of the park was going to be at the
Ephrata pool. Mr. Harvey was told there was a petition taken up by the residents around there,
and they said there was too much noise, too many kids loitering around and that’s why it was not
put back at the Ephrata pool.
Mr. Harvey said he would like clarification. Mr. Harvey said after seeing the proposal in last
week Review, Mr. Harvey is wondering if the park will be lit, will there be fencing around or
secured in any way. Howe will we control the litter? Mr. Harvey said the side yard of his
property faces that direction and everything from the Library and 272 when the wind blows ends
up in Mr. Harvey’s yard.
Mr. Harvey is concerned about what means of access – if this is designed to promote or get rid of
the downtown problem of people loitering. How are these skateboarders going to get there? Are
they allowed to skateboard on the public sidewalks? Because if you’ve ever listened to a
skateboard come down a sidewalk with the separations it’s very disrupting. Mr. Harvey has a
business on that corner and approximately 700 feet of sidewalk.
Mr. Harvey said the many things the borough has done and accomplished in the way of projects,
Mr. Harvey went through a lot of things and saw the demographics that we paid for. Mr. Harvey
said he hasn’t seen anything in the way of the demographics of this skatepark. Mr. Harvey asked
if there have been any studies as far as how many children would utilize a skatepark.
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August 11, 2014
Mr. Harvey asked if any other municipalities have been checked. Mr. Harvey spoke to a man
from Lebanon who said they put in a skatepark facility in Lebanon, and it was disband and they
had to break up all the concrete and get rid of the thing.
Mr. Harvey said when he first read about the park it was supposed to be an under $100,000
project; $90,000 was the original price Mr. Harvey saw. Now Mr. Harvey sees that phase one
alone is over $200,000 and hasn’t seen what phase two will cost. Mr. Harvey said he has many
questions and would like answers.
Mr. Harvey asked that The Ephrata Review would refrain from publishing all these things that
this downtown problem will be solved as soon as the skatepark is open because Mr. Harvey is
tired of hearing about that.
President Hertzog said to Mr. Harvey as far as your comment about the paper; he’s right there
and heard it, what he wants to do with it is his baby.
Mr. Hertzog said the Mayor will give you his card and Mr. Thompson is taking notes and will
probably get you in contact with the staff person who has been into that project and that would
be Mrs. Harris.
Tina Thompson, 872 Fairview Avenue, asked since you passed the resolution for the liquor
license what is the next step.
Mr. Kozar said the first step in the process is getting the resolution from the municipality. Once
we have the resolution we file it with the PLCB. It takes the PLCB 90-120 days to process and
application.
Mrs. Thompson said on a happy note, a couple weeks ago Mike Rowe from Dirtiest Jobs that is
on TV actually stayed at the Hampton Inn. We do have different celebrities that come through
town. Celebrities that do come through this town will more than likely use that hotel because it’s
nice. Mrs. Thompson said the Hampton also hosts pool parties that anyone can book for your
child as well. It does get used more than just by people passing through.
DISCUSSION/ANNOUNCEMENTS
Mr. Richard said for all the taxpayers and residents we would like to see you come to our
committees; we meet monthly. All the work is done in these committees. Some of these
projects take years. The skateboard park has been discussed for a long time.
Mrs. Rowe reminded her colleagues; you did receive a copy of the revised draft rental ordinance.
Please get your comments and questions to Mrs. Harris, and they will be discussed at the August
25 Development Activities Committee meeting. Mrs. Rowe said Mrs. Harris also sent a proposal
for a rental property appeals board to be formed which will include one landlord instead of the
property maintenance board of appeals that the ordinance currently refers to. We need
comments on that as well.
Mrs. Rowe also would like the Borough Manager or Council President to ask one of the
committees to take up a discussion on recording our committee meetings. Right now we just get
a report from the committee meetings; if they were recorded it would be beneficial not only to
the citizens that attend those committee meetings to make sure their comments are part of the
record. It also would be helpful for those on council who cannot attend every committee
meeting to understand what was discussed at the committee meeting in more detail.
President Hertzog asked if he could discuss this with Mr. Thompson and get back to Mrs. Rowe
with results.
Mr. Good said he would reiterate what Mr. Richard said. Mr. Good asked Mr. Thompson what
is the next step for Community Services regarding the skatepark? Mr. Thompson said once the
design is completed, and we have a final construction estimate then we will discuss the
construction schedule. You may recall that we entered into the project as part of a cooperative
purchasing arrangement and many of the components and the construction is going to be
performed through cooperatively bid services so we won’t be advertising much work is any
outside. We’ll be establishing with the committee what the scope of the project will be and at
what estimated budget levels.
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August 11, 2014
Mayor Mowen said he received a letter from the Historical Society of the Cocalico Valley; there
was a covered bridge across the Cocalico at Moyer’s. It was taken down in 1923 and the
concrete span put up. The Historical Society had a sign from that bridge in storage and are
looking for funds to get the sign refurbished.
President Hertzog said he had the opportunity to make an impromptu presentation to a gentleman
who has 25 years of service. This gentleman usually doesn’t like to be called out, but he has 25
years of service with the borough, and that would be Mr. Thompson. Congratulations on 25
years of your loyalty, dedication, and professionalism to the Borough.
ADJOURNMENT
The meeting was duly adjourned at 8:40 PM.
Respectfully submitted,
_________________________
D. Robert Thompson, Secretary
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