City Council

1 Borough of Akron Council Meeting-December 12, 2022 2 3 Council Members Present: Nathan Imhoff, President, Kleon Zimmerman, Paul Swangren, Jr., 4 Ryan Cochran, Randall Justice, Nathan Imhoff, Justin Gehman-Vice President, Bonnie Young 5 6 Others Present: Mayor John McBeth, Susan Davidson, Borough Manager; Sean Molchany, 7 Assistant Borough Manager; Suzanne Lausch, Minute Taker; see attached for visitors 8 Zoom- Andrew Tuleya, Chris Hoffman, Ingrid M, J. Smith, Michael Yoder, Marilyn Yoder, Paul 9 Swangren, Linda Baer, Barry Russell, Jill Zimmerman, Valerie Houtz, Randall Justice, Noelle F., 10 Rebecca Beres, Frav Wise, Christina Houdeshell, Zoom User. 11 12 Roll Call 13 Kleon Zimmerman-present 14 Paul Swangren, Jr-present 15 Randall Justice-present 16 Ryan Cochran-present 17 Bonnie Young-present 18 Nathan Imhoff-present 19 Justin Gehman-present 20 Mayor John McBeth-present 21 22 Meeting opened at 6:35pm with the Pledge of Allegiance. 23 24 Approval of Minutes 25 Motion to approve minutes for November 28, 2022 by Paul Swangren, Jr second by Randall 26 Justice 27 Motion carried. 28 29 Visitors/Comments from Public 30 31 President Nathan Imhoff asked if any visitor this evening was here to speak about any topic 32 other than the Ephrata Library issue. He then requested that any visitor tonight who was here 33 two weeks ago should just announce that fact and let those visitors here for first time speak. He 34 also asked that only Akron residents should be speaking on this topic. 35 36 Tim Leyman-He stated that the “library is important to me.” “I was a poor reader when I 37 started out and between 2nd and 3rd grade so I got books from the library and improved my 38 reading group at school.” He stated that the library availability helped him improve his 39 education so he could have the job that he has today. (Nathan Imhoff said that this was a fiscal 40 decision and the council did not want to raise taxes.) 41 Nathan reiterated that funding would be revisited at end of fiscal year and then monies might 42 be allotted. 43 44 George Wolf- thanks all council members and says that he will accept the council’s decision. 1  1 2 Pam Musser-spoke two weeks ago 3 4 Deb Hansell-spoke two weeks ago. 5 6 Michael Morris-spoke at previous meeting 7 8 Sue Glick- she asked if the reserves can be used? And then replace those monies at end of 9 year? 10 11 Robyn Hodgsen- Shared a 13-page document of reasons that library is important to local 12 residents. She placed rolled coins on table to be delivered to the library as a donation. She said 13 that the library gives freedom to think and not funding looks bad to the values of America. 14 15 Peter Passage-spoke two weeks ago 16 17 Harold Benner-spoke two weeks ago. Would President Imhoff please read his statement. He is 18 wondering if this is a done deal? He got impression that it was not a done deal. Nathan told him 19 that the budget will be discussed this evening. He got impression that council statements made 20 were that the budget was going to be approved. President Imhoff said that tonight the council 21 would discuss the budget and then make a decision. President Imhoff said he wants to know 22 where the monies go when the money is donated and wants to work with the library to be able 23 to say where the money goes so, he can reply to constituents where the money goes. Harold 24 asked if the Akron Borough has any reserve monies? President Imhoff replied that there are 25 restricted reserves for emergencies and that council deliberations will be taking place tonight 26 regarding the budget for 2023. Harold also said that it is difficult for library administration to 27 make decisions without knowing if there will be a donation. Appreciates responses. Harold 28 asked if all council members have same opinion regarding the library. He also said that he 29 supports the $20,000 as well as another 10%. He offered a check to the Akron Borough for the 30 library but was advised by council to give it to library himself. Council cannot take check from 31 private citizen and donate to the library. 32 33 Andrea Eberhart-spoke two weeks ago. Noted that Akron residents may use the library even 34 though there is no Borough donation. She is afraid that the library will not let Akron residents 35 use the library. 36 37 John Williamson-Mr. Williamson said that he is concerned about Akron’s reputation due to 38 recent events, mentioning the previous solicitor who wanted to kill Senators and now the 39 withdrawing of library funding. He wanted to offer solutions: he looked at budget and has a 40 couple questions. Previously the library donation was $20,000 and the fire company donation 41 was $30,000. In the 2023 budget, the donation for the library is 0, and the fire company is now 42 $35,000 an increase of $5,000. The Drug Task force amount in 2023 budget is $4200 and if 43 there is concern about how money is spent, he noted that the Drug Task Force had a scandal of 44 an officer stealing money. He offered various ideas for fundraisers for library. He also 2  1 mentioned an item in the newsletter that stated there will be no more Christmas tree drop offs 2 in the Akron Park. President Imhoff said that this drop was unfortunately being used for 3 garbage, and others who drop their trash there so that is reason for removing that offering. 4 President Imhoff said that he is surprised when previous council members come back and 5 criticize current members and he did not appreciate some of the statements made by previous 6 council members. 7 8 Tina Mast-Burnett -Said she understands budget balancing however she says significant 9 number of Akron residents use the library. She wonders why the council cut the library from 10 the budget? 11 12 Tom Burnett-spoke last week. Said he appreciated civil discussion during these meetings. 13 14 Ren Cole-Said he was at the meeting representing queer youth in support of the library. It has 15 given him friends and people that helped him build community. Great for all youth and 16 everyone. He said that the library supported a family of a child that recently committed suicide. 17 18 John Stoner-thanked borough members for service to community. He supports library funding. 19 He is concerned about the fiscal decision and mentioned that cutting others or raising taxes 20 should be an option. Should value taxes that provide opportunities for community. Offered 21 check of $10.00 made to borough for donation to the library. 22 23 Carl Landis-spoke two weeks ago. Supports funding library. Doesn’t want to be freeloader 24 25 Dawn Stauffer-was not at prior meetings. After vacation she heard a lot of conflicting 26 information on the library funding and came to hear the facts of why the library is not being 27 funded. She wonders how this decision came to be and is curious to hear discussion tonight 28 about the budget. She asked council to please consider other adjustments and other 29 expenditures. She also questioned street sweeping and how it is being done. President Imhoff 30 did say that council did decrease monies for the street sweeping. She expressed appreciation 31 for the council. 32 33 Deb Landis-was here two weeks ago. She echoed the appreciation of council members. Since 34 last meeting she was wondering why there was not a discussion to cut other budgeted items 35 and why not look at everything and not target just one group. 36 37 Erica Lausch-she expressed appreciation for the library and wants community supported by 38 donation to library. 39 40 Dennis Stauffer-Explained he missed the first meeting as he was on vacation. He mentioned 41 that he first read about this in Florida. He heard conflicting information and wondered about 42 Nathan’s comment that the council needs to answer to residents who wonder how money is 43 being spent. If a resident is wondering that then would strings be attached to the donation? He 3  1 also asked if the problem is what the money is being spent on, or the lack of information from 2 library. He said we may disagree but thank you for the dialogue. 3 4 Randall Justice (council member)-he clarified that there was some concern about what 5 components of the donation are being spent for what type of programming at the library. 6 7 Michael Morris said that the library would attest that the money would go to payroll. 8 9 Shawn-at last meeting 10 11 Chris Beiler-agreed with all views stated 12 13 Dwayne Yoder-He said that he is concerned about the precedent this sets for other 14 municipalities 15 16 Ed Miller-here two weeks ago. Recommended that council could tell constituents what 17 municipal funding supports at the library. The donation would be support for library meeting 18 state standards for example required open hours, 12% spent on books, databases, personnel 19 requirements etc. He said that he understood that library administration might be confused 20 about council questioning them. He also shared that the library raises monies in other ways 21 that may go for other programming like summer reading etc. States that council should look at 22 it as meeting state standards as stated above. He also said that the silver lining has been to see 23 people supporting the library and sees a community passionate about their library. Appreciates 24 being attentive to economic reality in community and shared that during recessions libraries 25 get busier as people cannot afford things so the library is a place to go. 26 27 John Taylor-supports council. Was here two weeks ago. Glad he is not on council anymore. 28 29 Sara Lynn Youncy-supports library donation 30 31 Bob Sherman-not here two weeks ago. Appreciates council. Please fund library. 32 33 Ann Sherman-supports funding of library. Mentioned the amount of programming that library 34 provides to the community. She took advantage of several library programs including a basic 35 computing class and power point instruction. He said the library provides programs for job 36 hunting etc. Appreciates council members and the residents who came to speak up for library 37 funding. 38 39 Randall Justice-thanked audience and said that this has been an uneasy couple of weeks 40 related to budget. And is only speaking for himself. A fiscal responsibility turned into a library 41 discussion. He feels honored and constrained to respond to the publics request to fund the 42 library. 43 Bonnie Young feels conflicted as well about the library funding. She says that the sewer 44 expenses are rising and that the decision is difficult. 4  1 Nathan Imhoff- Expressed concern about the sewer main collapse to tune of over $400,000. He 2 would then have supported the library. He has been getting many e-mails regarding the budget 3 and the library donation being the majority. 4 Ryan Cochran-said that the library is not only one with cuts to budget. Some other capital 5 projects were not included in the budget. Everyone is feeling the effects of the economy. Sewer 6 project came in larger than expected. He was elected to represent Akron residents not the 7 library. He also said that the council doesn’t fund raise. 8 Justin Gehman-stated appreciation to community for support of library. Also said that he did 9 not hear from all Akron residents. There are 4,200 residents and may only have heard from 300 10 in support of the library. He is looking out for 4,200 residents not just the 300 or so that showed 11 support of library. 12 President Imhoff then proposed some ideas: 53% of Akron residents use Ephrata Public Library. 13 A fair decision would be to revisit the $20,000 donation and consider at least including in 14 budget $10,600 (which covers 53% of residents) and then revisit at end of year to add to that 15 total. He recommended a suggestion for proposed amendment for council member to motion 16 to remove this amount from the general reserve restricted fund. 17 Bonnie Young motioned to take general reserve fund of $10,600 and move to general fund for 18 library donation for 2023 with revisit in November 2023 for any additional funding. Second by 19 Justin Gehman 20 Vote by roll call: 21 Ryan Cochran-no 22 Bonnie Young-yes 23 Kleon Zimmerman-no 24 Paul Swangren, Jr.-no 25 Randall Justice-yes 26 Justin Gehman-no (but not regarding the library) (regarding new position) 27 Nathan Imhoff-yes 28 Paul Swangren, Jr.-stated that they should add that monies would be taken out of reserves 29 then amend the motion. 30 Nathan Imhoff said that the motion should include the additional donation and would be 31 addressed in November of 2023. He also shared that it is too late to raise taxes as the cut off 32 was December 1, 2022. 33 Paul Swangren, Jr-Shared that he appreciates audience and council members and freedom to 34 speak. He reiterated the importance of library to the community. He also wanted to share some 35 facts regarding the decision to eliminate the library funding from the budget. He said that the 36 council agreed to remove the library donation and then later if the library had a specific request 37 in written form the council would then consider a donation. He said that he used the old library 38 and the new library and the new library is not like the old library. Through public discussion, he 39 noted that there is a need for a community center. Paul is concerned that the library donation 40 is going for things other than the library. Council continues to ask for details from executive 41 director of Ephrata Public Library for finances and he feels that the library is not transparent 42 with how their funds are spent. Concerned about postcard that was mailed to all Akron 43 residents and the anonymous nature of the card. This was actually a help to the library as there 44 are “Go Fund Me” support. I will not vote for the $10,600. 5  1 Kleon Zimmerman-appreciates residents and library but he has concerns with the Northern 2 Hub. Kleon is concerned that the building itself is a liability. 3 Bonnie Young said that she is conflicted by all things that people are saying. She is concerned 4 about the small children and the two who spoke at last meeting. 5 Randall Justice-Shared that he grew up poor and was appreciative of his of access to a library. 6 He is concerned with the vulnerable people who need access and standing up for people that 7 can’t speak for themselves. 8 Nathan Imhoff mentioned he received dozens of e-mails regarding the library donation 9 decision and had a troubled Thanksgiving. He tried to answer all e-mails as possible. He shared 10 that other municipalities have increased their funding to offset Akron’s lack of donation. 11 Nathan will take tour in January of the EPL as invited by the board. 12 13 2023 General Fund Budget 14 Ryan Cochran motioned to approve General Fund; Second by Paul Swangren, Jr (motion 15 rescinded) 16 Bonnie Young motioned to adjust General Fund to allow for allocation of $10,600 for library 17 increasing the total General Fund budget amount to $1,942,196.00 second by Justin Gehman 18 Roll call for the amendment. 19 Bonnie Young-yes 20 Ryan Cochran-no 21 Kleon Zimmerman-no 22 Paul Swangren, Jr. -no 23 Randall Justice-yes 24 Justin Gehman-no 25 Nathan Imhoff-yes 26 motion did not pass 27 Discussion- Kleon Zimmerman mentioned that he has concerns about the Northern Hub as he 28 thinks the Ephrata Library does not get enough rent for the building which creates a liability. 29 Paul Swangren Jr. mentioned that he will continue to ask for transparency in spending of Akron 30 taxpayer money. This issue and request seem to get lost in the process. Swangren went onto 31 say that he pointed out and will again that a citizen asked Ephrata Public Library Board to see 32 what non payroll expenses were back in March 17, 2022 Board meeting. After consulting with 33 law sources there was a motion to decline the request for public access to the non-payroll 34 expenses. Justin Gehman stated that he is concerned about the finance position that was 35 discussed as far as personnel. Stated that borough is fully staffed in public works. He would like 36 to look at current job responsibilities before hiring a finance person. 37 Paul Swangren, Jr. stated he thought that this was discussed as not being an advertised position 38 until council discusses this position. When need arises can’t council read adjust at the time that 39 the decision is made for a new position. Paul concerned about “creeper” projects. Justin says 40 right now we have two borough managers and when Susan Davidson retires can the job 41 descriptions be revisited. Discussion on hiring in a timely fashion for succession plans. Only 42 looking at position as extra costs not as a way to decrease costs with proactive plans. Discussion 43 on Sean Molchany moving into Borough manager when Susan Davidson retires and training a 44 person to replace her with understanding of borough finances. 6  1 Mayor McBeth- “A budget funding is a roadmap, not the road”. Spending of funds is not in 2 concrete. Clarify number of employees in the future after Susan Davidson retires. Only two 3 people in office. Right now, the three people is temporary. $30,000 for half a year for a finance 4 person. Don’t forget insurance, social security etc. Borough Manager Davidson mentioned 5 benefits were not included in the budget. 6 7 Motion by Paul Swangren, Jr with second by Randall Justice to approve the 2023 General Fund 8 Budget in the amount of $1,942,196.00. 9 Bonnie Young-yes 10 Ryan Cochran-no 11 Kleon Zimmerman-no 12 Paul Swangren, Jr.-no 13 Randall Justice-yes 14 Justin Gehman-yes 15 Nathan Imhoff-yes 16 Motion passed 4-3. 17 18 2023 Water Fund Budget 19 Motion by Ryan Cochran to approve the 2023 Water Fund Budget in the amount of 20 $485,985.00 Motion was second by Paul Swangren, Jr. 21 Caveat for finance position discussion 22 Bonnie Young-yes 23 Ryan Cochran-yes 24 Kleon Zimmerman-yes 25 Paul Swangren, Jr. -yes 26 Randall Justice-yes 27 Justin Gehman-yes 28 Nathan Imhoff -yes 29 Motion carried. 30 31 2023 Sewer Fund Budget 32 Ryan Cochran made a motion to approve the 2023 Sewer Fund Budget in the amount of 33 $1,000,815.00. Paul Swangren, Jr. seconded the motion Caveat for finance position discussed 34 Bonnie Young -yes 35 Paul Swangren, Jr. -yes 36 Kleon Zimmerman-yes 37 Randall Justice-yes 38 Justin Gehman-yes 39 Nathan Imhoff-yes 40 Motion carried. 41 42 2023 Highway Aid Fund 43 Ryan Cochran made a motion to approve the 2023 Highway Aid Fund Budget in the amount of 44 $258,320.00. Paul Swangren, Jr. seconded the motion. 7  1 Bonnie Young-yes 2 Ryan Cochran-yes 3 Kleon Zimmerman-yes 4 Paul Swangren, Jr.-yes 5 Randall Justice-yes 6 Justin Gehman-yes 7 Nathan Imhoff-yes 8 Motion carried. 9 10 Bills 11 Motion to approve disbursements was made by Ryan Cochran for December 2022, and second 12 by Kleon Zimmerman 13 Motion carried. 14 15 Reports/Announcements 16 17 Police Report-submitted to council and Mayor. Officer Burns promoted to Sergeant 18 19 Mayor Report-John McBeth-none 20 21 Borough Managers Report 22 Administration & Finance 23 November 2022 month-end financials have been reconciled 24 December 2022 payables will be reviewed by Finance Committee 25 Motion to pay bills 26 2023 proposed Borough budget is on agenda for Council’s approval on December 12, 2022 27 Resolution to keep millage the same at 3mills is also on agenda for December 12, 2022 and 28 appointing Herbein & Co as auditors and the 2023 meeting advertisement 29 Parks & Property 30 Staff is getting another quote on the Colonial Park pavilion 31 Streets 32 Public Works Department removed the tree and curbing on Circle Drive. Street patching will be 33 don one Circle Drive, S. Ninth St, Eighth St., Miller Road and Westview Drive. 34 Public Utilities 35 PW Department continues to install meters. Total meters installed as of November 17, 2022 is 36 1,663 37 A water main break took place on Tuesday, December 6, 2022 on S. Ninth St. 38 Community Relations 39 The Shoe-In Committee met to discuss the Annual New Year’s Eve Event at the Broad St. Park. 40 The event starts at 9pm and will provide music, food, hayrides and games. 41 Planning & Zoning 42 Planning Commission Meeting was held on Thursday, December 1, 2022 to discuss proposed 43 zoning updates. No Zoning Hearings are scheduled at this time. 8  1 Earl Shirk, who serves as the Planning Commission Chairperson, is interested in serving another 2 term on Planning. His term expires the end of this year. 4-year term (2023-2026) 3 Tom Bender, who serves on the Zoning Hearing Board, is interested in serving another term. His 4 term expires the end of this year. 3-year term (2023-2025) 5 Other Business 6 An employee holiday lunch is scheduled for Tuesday, December 20, 2022 from 11:30am- 7 1:00pm at the Lodge in Roland Park. The Borough office will be closed over that timeframe. This 8 is a combined luncheon with the West Earl employees. 9 Sue Davidson’s term on the Akron Authority expires the end of this year and she is interested in 10 serving another 5-year term. (2023-2027) 11 Board Vacancies 12 Vacancy Board-2 year 13 Building Code Appeals board 14 15 Finance Report- 16 Ryan Cochran read into the minutes the November 2022 month-end fund balances 17 November30,2022 General Fund $145,927.91 Water Fund $5,262.59 Sewer Fund $152,127.43 Highway Aid $137,262.16 General Fund Reserves General Fund Reserves Restricted Restricted $158,000.00 (Goal) $144,363.00 Operating $166,441.82 Capital $436,801.27 Total $761,243.09 Total $144,363.00 Water Fund Reserves Restricted $72,992.00 Operating $240,462.46 Capital $0.00 Total $313,454.46 Sewer Fund Reserves Restricted $121,822.00 Operating $314,763.12 Capital $0.00 Total $436,585.12 9  Capital Projects $400.26 Community Fund $1,591.35 Total $1,953,854.37 Escrow $6,073.41 1 2 3 4 Community Relations Report-Senator Ryan Aument office e-mailed Bonnie Young for 5 opportunities for grants for the gazebo and that grant has expired. DCED sent information and 6 will probably have grant mid-year. She will revisit at that time. Bonnie Young will write an 7 article for the Akron Shoe-In for New Year’s Eve. 8 9 Parks and Property Report-none 10 11 Personnel Report-none 12 13 Streets Report 14 Nothing to report 15 16 Public Utilities Report- 17 No report 18 19 Public Hearings/Presentations/Appointments 20 21 Old Business 22 Overnight parking review. Solicitor will review and advertise for required timeframe. 23 24 School Resource Officer Proposed Agreement- 25 Staff updated agreement with correct address and edits. 26 Motion to accept the SRO Agreement by Ryan Cochran and second by Justin Gehman. 27 Motion carried. 28 29 Proposed Dedication area for Police and Fireman at Fire Station 30 In process 31 32 West View Drive Dedication Process Petition 33 In process 34 35 Correspondence and Petitions 36 Motions and Decisions 10  1 Motion to approve Real Estate Tax Resolution #2349 keep the millage rate at 3 mills was made 2 by Randall Justice and seconded by Paul Swangren, Jr. 3 Motion carried. 4 5 Motion to approve 2023 Health Insurance Renewal through Benecon was made by Ryan 6 Cochran second by Kleon Zimmerman 7 Motion carried 8 9 Motion to approve Resolution #92023 for the Borough of Akron, Section 125 Premium Plan 10 including Adoption Agreement as made by Randall Justice and second by Paul Swangren, Jr 11 Motion carried. 12 13 Motion to approve 2023 Borough of Akron Meeting Advertisement was made by Kleon 14 Zimmerman and second by Justin Gehman. 15 Motion carried. 16 17 Motion to appoint Thomas Bender to the Borough of Akron Zoning Hearing Board for a three- 18 year term (2023-2025) was made by Paul Swangren, Jr. and seconded by Justin Gehman 19 Motion carried. 20 21 Motion to appoint Earl Shirk to the Borough of Akron Planning Commission for a four-year term 22 (2023-2026) was made by Paul Swangren, Jr and second by Justin Gehman 23 Motion carried. 24 25 Motion to appoint Susan Davidson to the Borough of Akron Authority for a five-year term 26 (2023-2026) was made by Bonnie Young and seconded by Justin Gehman. 27 Motion carried. 28 29 Paul motioned to appoint Michael Morris to Borough of Akron Vacancy Board for the year 2023 30 was made by Paul Swangren, Jr and seconded by Randall Justice. 31 Motion carried. 6-1 Ryan Cochran voted no. 32 33 A motion to adjourn the meeting was made by Paul Swangren, Jr with second by Ryan Cochran 34 at 8:55. 35 Motion carried. 36 37 Respectfully Submitted, 38 39 Susan Davidson 40 Borough Manager/Secretary 41 11 1 12