MINUTES CARLISLE BOROUGH COUNCIL MEETING. May 10, 2012

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1 MINUTES CARLISLE BOROUGH COUNCIL MEETING May 10, 2012 Council President Perry Heath called the Council meeting to order at 7:04 p.m. Councilor Grell led the Moment of Silence and Pledge of Allegiance. After roll call by the Borough Secretary, the following members of Council were present: Cecconello, Flower, Grell, Guido, Madden, Scott, Heath, and Mayor Kronenberg. Also present were: Police Chief Margeson, Planning/Zoning/Codes Manager Koziar, Public Works Director Keiser, Parks and Recreation Director Crouse, Finance Director Snyder, Fire Chief Murray, Treatment Plants Director Selan, Solicitor Brenneman, Student Ambassador Damon and Borough Secretary Hamilton. Interim Borough Manager Armstrong was absent. Council President Heath welcomed the members of Eagle Scout Troup 173 who were in the audience. Citizens to be Heard: None Consent Agenda Councilor Scott made a motion, which was seconded by Councilor Cecconello, to approve the Consent Agenda. Council approved the Consent Agenda consisting of the following items, by a 7-0 vote. A. Minutes: Goal Planning: 03/31/12 Public Hearing(CDBG Budget Mods): 04/12/12 Council Meeting: 04/12/12 B. Approval of Bills and Investment Transactions: Expenditures as of April 30, 2012: General Fund $839,779 Water Fund $359,735 Sewer Fund $416,238 Parking Fund $28,270 Solid Waste Fund $59,151 DARE Fund Self-Insurance Fund $3,889 Recreation Area Fee Fund Fort LeTort Fund 1

2 Highway Aid Fund C. Attendance Approvals: 1. Finance Director Owen Snyder attended the GFOA-PA Conference in State College, Pennsylvania from April 29, 2012 through May 1, Codes Enforcement Officer Michael Landis to attend the International Plumbing Codes Essentials Part I, II, III, Group Training in Harrisburg, Pennsylvania on May 15, 16 and 17, Police Officer David Rogers to attend the US DOT Highway Drug Interdiction School in Radnor Township, Pennsylvania from May 30 through June 1, Traffic Supervisor Brian Richardson and Traffic Maintainer Van Thorson to attend the InSync Software/Hardware Operational Training in Kansas City, Missouri from June 13 through June 15, Police Chief Stephen Margeson to attend the PA Chiefs of Police Association Conference in Camp Hill, Pennsylvania on July 8, 9, 10, 11 and 12, D. HARB: Council approved the following requests for certificates of appropriateness: 1. A request by Jerry Mock for a Certificate of Appropriateness at 47 West Pomfret Street. The applicant proposes to install a wrought iron railing on both sides of the front step. 2. A request by Bob Barrett for a Certificate of Appropriateness at 25 North Bedford Street. The applicant has constructed a masonry chimney consisting of the following: Base 4 cubic yards of concrete with #6 rebar Chimney 8 x 13 clay flue liner, cinder chimney block with #5 rebar & one wythe of brick inside Chimney cap 6 x 3 poured concrete with welded wire Clean out door 8 x 8 Thimble 8 clay 3. A request by Katherine Long for a Certificate of Appropriateness at 218 West South Street. The applicant proposes to install a 2 by 2, double sided, carved, wooden sign that will state WAVELAND PROPERTIES in ivory lettering with green background. The freestanding sign will be hung with a wrought iron bracket. 4. A request by Katherine Long for a Certificate of Appropriateness at 35 North Bedford Street. The applicant proposes to install a 2 by 2, double sided, carved, wooden sign that will state WAVELAND PROPERTIES in ivory lettering with green background. The freestanding sign will be hung with a wrought iron bracket. 2

3 5. A request by Pat Craig for a Certificate of Appropriateness at 30 West Pomfret Street. The applicant proposes to install a 15½ by 30 projecting sign made of Komacel, that will state SO HI BOOKS COLLECTIBLE & USED BOOKS & PRINTS 2 nd FLOOR T-TH 10-7; FRI & SAT with red and black lettering and blue and white background. The sign will be hung at the western side of the building with a scrolled steel bracket. 6. A request by Shelly Sexton for a Certificate of Appropriateness at 130 Liberty Avenue. The applicant proposes to replace the metal, standing seam roof with a metal, standing seam roof having the same profile as the existing roof. 7. A request by Sherron Biddle & Francis Nash for a Certificate of Appropriateness at 204 South West Street. The applicant proposes to remove the shingle and cement lap siding on the south side of the building and install either 6 exposure natural cedar wood boards or Hardie cement board siding. 8. A request by the DCA for a Certificate of Appropriateness at North Hanover Street. The applicant proposes to install a 4 by 6 temporary, vinyl, real estate sign on the front storefront window that will state THIS PROPERTY AVAILABLE Prudential Homesale Services Group Bill Shearer Cell (717) wshearer@prudentialhomesale.com BillShearerRealestate.com. The sign will have blue, white and green lettering with white background. 9. A request by Louis Zelazny for a Certificate of Appropriateness at 137 East Pomfret Street. The applicant proposes the following improvements: Replace the three, wood, single pane, double hung, 2/2 windows on the front façade with Anderson Woodwright 400 Series, double hung, 2/2 windows Replace the Hardie board on the 1 st floor, west side with wood or Hardie board to match the profile of the front, German wood siding Replace the wood trim around the front façade windows with similar wood or composite material Replace any damaged wood on the front and west sides of the house with similar wood or composite material 10. A request by Carl & Barbara Busco for a Certificate of Appropriateness at 26 North Hanover Street. The applicant proposes to install a 30 by 14 projecting sign above the front doorway that will state Andalusia in black lettering with yellow, purple and blue background. The sign will be made of urethane sign board and framed on three sides with 2 redwood strips. A 36 scroll wrought iron bracket will support the sign. Tabled, Continued, and Recurring Items None Regular Agenda 3

4 REPORTS FROM ELECTED OFFICIALS A. President s Report: 1. Council President Heath invited Mr. Christopher Houston to the podium and presented him with a plaque honoring his service and dedication to the Carlisle community. Council President Heath read a brief biography that highlighted Mr. Houston s work and involvement over the last several years. Mr. Christopher Houston said he had enjoyed working in the Carlisle area and added he missed it already. 2. Councilor Dawn Flower advised she recently had the pleasure of attending the Pennsylvania State Association of Borough s conference where the Road Diet Project and Dewberry had been awarded an Honorable Mention. A certificate and poster were presented and this information will be provided to the Manager s office. 3. Borough Council voted 7-0 to approve two resolutions honoring and recognizing Eagle Scouts Christopher Kaufman and Gino Verderame of Troup 173, located at Carlisle Barracks, Pennsylvania, for receiving the Eagle Scout Award. (Cecconello/Guido) 4. Borough Council voted 7-0 to direct the Borough Solicitor to draft and advertise an ordinance, repealing a portion of the Carlisle Borough Code, Section 41-2 regarding the Appointment and Removal of the Manager to repeal the severance and health insurance benefit clause. (Madden/Cecconello) B. Mayor s Report: None. REPORTS FROM COMMITTEES C. Sustainability and Community Planning Committee: 1. Borough Council voted 7-0 to approve the Annual Action Plan and Community Development Block Grant Program Budget for Fiscal Year By this action, Borough Council directs the Redevelopment Authority, of Cumberland County to communicate with the appropriate agencies the Borough s desire to eliminate the Section 108 loan activity. (Scott/Cecconello) 2. Borough Council voted 7-0 to direct the Borough Solicitor to draft and advertise an ordinance, amending the Code of the Borough of Carlisle, Section A, Schedule XIX: On-Street Metered Parking Zones to establish a short-term parking meter zone on South West Street from High Street to Church Avenue. (Scott/Cecconello) D. Economic Development Committee: 4

5 1. After the following discussion, Borough Council voted 6-1, with Councilor Cecconello casting the dissenting vote, to endorse the Turnpike Signage Project by providing a match not to exceed $2,052 annually for the next three years (2013, 2014, and 2015), with the funding coming from the Parking Fund. This action is contingent upon the Cumberland Valley Visitors Bureau and Downtown Carlisle Association s financial commitments ($7,000 and $6,156, respectively) for this same project. Said signage will be situated in close proximity to Exit 226 and will promote Downtown Carlisle. (Madden/Grell) Ms. Shireen Farr, Director of Tourism for the Cumberland Valley Visitors Bureau, 53 West South Street, Carlisle, Pennsylvania advised they had approached the Pennsylvania Turnpike about a year ago to possibly install signage to advertise the Visitors Center. That request had been denied. The Pennsylvania Turnpike made contact with Ms. Farr in the fall of 2011 and asked whether the Visitors Center was still interested in installing a sign at Exit 226. After meetings and conversations with Borough staff, it was decided to reformulate the sign verbiage to promote Historic Downtown Carlisle. Ms. Farr added there is an average of 7,500 vehicles that get on and off at Exit 226 per day and believes the sign would be a sound investment for the Borough. Councilor Cecconello said she could not support the sign because the Borough already provides $100,000 annually to the Downtown Carlisle Association and felt this was going to the well twice. In addition, Councilor Cecconello said that the current Council would be committing the future Council to said agreement. Councilor Guido asked what steps would be taken after the agreement ended in 2015, and whether the Visitors Bureau would expect the Borough to pick up their share again. Ms. Farr said she expects the sign to do its job and would most likely want to renew the contract, if possible. Ms. Farr added the Visitors Bureau may not necessarily ask the Borough to contribute again. Ms. Farr wanted Council to know that she approached the Borough because the sign will be promoting Historic Carlisle. Councilor Scott wanted to know if the Visitors Bureau approached Dickinson College. Ms. Farr said no. Councilor Cecconello asked if anyone else was approached. Ms. Far said no. Council President Heath said he would support the turnpike signage because if Ms. Farr s numbers were accurate, the sign would pay for itself time and time again. Council President Heath reminded Council that funding for the sign would be coming from the Parking Fund and not taxpayer dollars. Councilor Scott asked if the Parking Fund was healthy. 5

6 Finance Director Snyder said it was. 2. Borough Council voted 7-0 to authorize Council President Perry Heath and Interim/Assistant Borough Manager Susan Armstrong as signatories for the Municipal Assistance Grant Contract from the Department of Community and Economic Development in the amount of $42, The funds will be used to undertake an Urban Redevelopment Plan. (Madden/Grell) E. Employee Relations/Citizen Participation Committee: 1. After a roll call vote, Borough Council voted 7-0 to adopt Ordinance 2163, amending the Code of the Borough of Carlisle, adopted by Ordinance 2032 and thereafter amended, with respect to Chapter 52, Pensions, to amend the provisions with respect to participation by certain management employees in other plans of deferred compensation. (Flower/Scott) F. Finance and Public Works Committee: 1. Borough Council voted 7-0 to adopt Resolution extending the term of the Carlisle Borough Municipal Authority for fifty years, by amending the Authority s Articles of Incorporation. The Water Authority s current term ends June 10, (Cecconello/Madden) 2. After a roll call vote, Borough Council voted 7-0 to adopt Ordinance 2164, amending the Borough Code with respect to Chapter 66 Tax Collection, by creating Article IV, establishing deadlines by which the tax collector shall pay over to the Borough taxes collected and imposing late filing fees. (Cecconello/Madden) 3. Borough Council voted 7-0 to reject all bids for a construction contract for the erection of two 1.3 million gallon bolted steel tanks, to replace the existing in-ground water storage reservoirs. (Cecconello/Madden) 4. Borough Council voted 7-0 to award the low bids for the purchase of various bituminous and concrete materials. (Cecconello/Madden) 5. Borough Council voted 7-0 to approve the continuation of the Borough of Carlisle s participation in the Central Pennsylvania Energy Consortium s (CPEC) Gas Management Agreement with CenterPoint Energy Services. Borough Council also granted authorization to CPEC s Executive Director, in coordination with Pace Global Energy Services, to execute all Transaction Confirmations under the Base Contract of CPEC s Gas Management Agreement for the period of November 1, 2011 through October 31, (Cecconello/Madden) G. Parks and Recreation Committee: 6

7 1. Borough Council voted 7-0 to authorize a lease for Resonate Community Church to lease a portion of the second floor of the Stuart Community Center, commencing May 11, 2012 through August 25, (Guido/Flower) 2. After the following dialogue, Borough Council voted 6-1, with Councilor Madden casting the dissenting vote, to consent to the construction of a soccer stadium at Dickinson Park contingent upon a future amicable amendment to the lease agreement by and between the Borough of Carlisle and Dickinson College addressing lighting, fencing and usage issues. Borough Council also approved the execution of the letter from Dickinson College dated May 10, (Guido/Flower) Mr. Steven Weingarten, Mr. Ken Shultes, Ms. Les Poolman, and Ms. Dana Scaduto from Dickinson College, Carlisle Pennsylvania, were all present to answer any questions. Mr. Steven Weingarten explained that the plan is to install a new grass field, bleachers and updated lighting. Dickinson College owns the land but has a ninetynine year lease agreement with the Borough. Mr. Weingarten said the college had met with Borough staff on May 4, It was staff s belief that Dickinson s request was appropriate. During the meeting, Parks and Recreation Director Crouse informed the college that the Borough was currently paying for the electricity and inquired as to whether Dickinson would be willing to pay for that expense. Mr. Weingarten said the college agreed to take over the electricity expense. Councilor Guido questioned why this item had not been brought to Council s attention sooner and added the request should have gone through the Parks and Recreation Board first for approval. Mr. Weingarten apologized and stated it was an oversight, not going through the Parks and Recreation Board. Councilor Guido then asked about the men s softball that is played at Dickinson Park. Parks and Recreation Director Crouse said that arrangements could be made to use the women s varsity field, which will be suitable for men s play. Parks and Recreation Director Crouse advised that the men s softball league has only been playing on one field since approximately Mr. Weingarten added that Parks and Recreation Director Crouse made it very clear that there must be a place for men s softball. Councilor Guido asked if Dickinson s request could be postponed for a month. Mr. Weingarten said the contractor had already been notified and is supposed to start work in about a week. Delaying the request for a month could make the project longer. 7

8 Mr. Poolman advised if the project was delayed, the varsity soccer season would be impinged upon. Ms. Scaduto apologized for not taking the proper steps and explained Dickinson College has new personnel on staff and was not aware of the lease agreement with the Borough of Carlisle. Councilor Guido asked Parks and Recreation Director Crouse if the Parks and Recreation Board would be willing to hold a special meeting to discuss the soccer stadium. Parks and Recreation Director Crouse said to her knowledge, a special Parks and Recreation Board meeting had never been scheduled but thought she would be able to gather a quorum. Ms. Scaduto stated she did not understand why the issue had to go before the Parks and Recreation Board considering the lease agreement involved Dickinson College and the Borough of Carlisle. Council President Heath explained that committees make recommendations to Council. All questions, like Council is currently asking Dickinson College, would have been asked and addressed during the board meeting. Council President Heath added that Council is committed to not undermining its Boards and Commissions. It does not appear as though there are major issues with Dickinson College s project other than the process. Mr. Shultes said if a special Parks and Recreation Board meeting could be scheduled, that would be better than waiting an entire month for possible approval. Mr. Shultes reiterated the fact that the Borough has only been using one (1) of the fields since 2003 and the college simply wants to improve the area, not take anything away. Mr. Weingarten asked if crews could begin their work as originally planned with the understanding that the college will meet with the Parks and Recreation Board regarding the project details. Mr. Weingarten said Dickinson is only asking for Council to approve the lease amendment. Councilor Scott added that staff did recommend the project, however; it would be difficult for Council to proceed since the issue was just brought to staff s attention on May 4, Councilor Cecconello asked the solicitor if he saw the lease agreement and the amendment. Solicitor Brenneman said he did see the agreement and it was his suggestion for Dickinson College to submit a letter with the requested changes because of the timeline. 8

9 Councilor Cecconello wondered how approving the soccer field, prior to the college going to the Parks and Recreation Board, would affect other areas, such as Planning and Zoning. After discussions with Public Works Director Keiser, Solicitor Brenneman advised that the college is still bound by the zoning ordinance requirements. The matter brought forth to Council involves modifications to lighting. These modifications will need to comply with zoning. Councilor Cecconello does not want to set a precedent. Solicitor Brenneman does not believe Council will be setting a precedent because the letter submitted by Dickinson College covers the issues and still complies with the lease requirements. Councilor Guido asked if there would be a sound system at the soccer field. The members of the audience representing Dickinson College confirmed there would be a sound system. Councilor Guido went on record by advising she is not a fan of music being played over the sound system. Councilor Cecconello inquired as to whether the neighborhood has been notified. Mr. Poulman replied that the entire neighborhood has not been notified but the president of the local neighborhood group was informed. Councilor Madden stated he was not comfortable with having a recreation asset removed without a recommendation from the Parks and Recreation Board, therefore; he would not be approving the project. Councilor Cecconello asked if the Borough would have any recourse. Solicitor Brenneman said no, it is the good faith based on the Borough s relationship with Dickinson College. Councilor Madden s concern is if the Parks and Recreation Board expresses an issue with losing a field and then at that point, it is too late. Parks and Recreation Director Crouse again advised that the Borough has only been utilizing one (1) field since approximately Mayor Kronenberg added that the Borough and Dickinson College has always worked well together and cannot understand why their proposal for a lease addendum would be an issue. Mr. Weingarten confirmed the college has all intentions of meeting with the Parks and Recreation Board in the near future. 9

10 H. Public Safety Committee: 1. After a roll call vote, Borough Council voted 7-0 to approve Ordinance 2165, amending the Code of the Borough of Carlisle, adopted by Ordinance 2032, and thereafter amended, with respect to Chapter 244, Vehicles and Traffic, to add two on-street handicapped parking spaces, one on E. Penn Street and the second on S. East Street. The ordinance also removes three on-street handicapped parking spaces which are no longer required. (Grell/Guido) 2. After the following comment, Borough Council voted 7-0 to authorize the closure of Walnut Street from S. Hanover Street to S. Pitt Street on July 28, 2012 from 5:00 p.m. 11:00 p.m. for Neighborhood Watch Block Party. (Grell/Guido) Councilor Grell advised his motion did not include the fee reimbursement because the street closure involves a very limited area, there is no commercial affiliation and the Police Department is sponsoring the event. NEW BUSINESS None. REPORTS FROM COUNCIL MEMBERS & STAFF 1. Councilor Flower advised she had attended the following functions: County Planning Traffic and Engineering Studies training, Pennsylvania State Association of Boroughs (PSAB) meeting, training sessions at the PSAB Conference, tour of the Water Plant, and a tour of the fire departments. Councilor Flower announced the Downtown Carlisle Association, the Cumberland Valley Visitors Bureau and the Cumberland Area Economic Development will hold their Ribbon Cutting Ceremony and Open House on Thursday, May 17, Councilor Flower reminded everyone the Downtown Mile will be held on May 17 th as well. 2. Councilor Grell mentioned he had attended a High I meeting, went on the fire department tours, attended the CARES banquet, the Public Safety Committee meeting and the East Side Neighborhood meeting. Councilor Grell said members of the East Side Neighborhoods took part in the Citizens Police Academy and had nothing but good remarks about the program. Councilor Grell commended Eddy Kaplaniak on the welcome packets the Downtown Carlisle Association has been distributing. On a final note, Councilor Grell announced a bicycle safety session will be held on May 22, 2012 from 6:00 8:00 p.m. 3. Councilor Scott said he attended the tour at Union Fire Company and he recently spoke on a WITF radio talk show program. 4. Councilor Cecconello wanted all to know that the 2012 fundraising efforts of the Carlisle Volunteer Firefighters Association has begun and asked everyone for their financial support. 10

11 5. Councilor Guido announced the Carlisle Community Pool would be opening on May 26, Councilor Madden welcomed Redd s Barbeque and Carlisle Bakery, LLC to the downtown. 7. Student Ambassador Damon thanked Council for permitting him to serve the last two years as the student ambassador and added he loves Carlisle. 8. Mayor Kronenberg advised he had received a letter naming the Borough of Carlisle as a Tree City, USA. Parks and Recreation Director Crouse added this will be the twelfth (12 th ) year the Borough has received that designation. 9. Treatment Plants Director Selan mentioned the fire departments fighting the IAC fire used three (3) million gallons of water. 10. Council President Heath advised executive sessions were held on April 20, 2012 to discuss a personnel issue, April 26, 2012 to discuss a personnel issue and the possible acquisition of real estate, May 10, 2012 prior to the Council meeting to discuss possible litigation and another session will be held immediately following the evening s Council meeting to discuss a personnel issue. None of the executive sessions required further action. Council President Heath thanked staff over the last several months while the Borough goes through the process of finding a new Manager. There being no further business or public comment, the Council meeting adjourned at 8:29 p.m. Signature on file in Borough Manager s Office Stacey A. Hamilton Borough Secretary (Seal) Signature on file in Borough Manager s Office Perry P. Heath Council President 11