Borough Council Minutes 10-14-2014

MANHEIM BOROUGH COUNCIL
October 14, 2014

Roll Call: President Dave Fenicle, Pro-Tempore Brad Roth, Rebekah Bowers, Bonnie Martin and Mayor Scot Funk

Staff: Mark Stivers, Borough Manager, Linda Gerhart, Recording Secretary and Police Chief Joseph Stauffer

Hearing: Mr. Mike Davis of Barley Snyder was the Hearing Officer for the Appeal of the Property Maintenance Violation Letter of September 3, 2014 received by Mr. Richard Eyman of 40 North Main Street. Mr. Davis explained the procedures for the hearing. The Code Enforcement Officer will present his case and then council can ask questions concerning violation. The Property Owner will present his case and present any witnesses if he so desires.

Mr. William Frymoyer, Codes Compliance Officer presented a synopsis of the timeline for the maintenance violation (a copy is included with the minutes). Pictures of the property (also included in these minutes) were distributed. It was noted that the condition of the property has not changed since the letter was issued and the photos were taken by the Codes Compliance Officer. A memo in the property file from Mr. Tuscan the past Codes Compliance Officer conveyed that Mr. Eyman was planning to have the property painted by 2014.

Borough Exhibit #1 – The September 3, 2014 letter from the Codes Officer to the homeowner
Borough Exhibit #2 – Pictures of the property taken by the Codes Enforcement Officer on
September 3, 2014
There were no questions from Borough Council after the presentation by the Codes Compliance Officer.

Mr. Eyman questioned the telephone number used by the Codes Compliance Officer to contact him and the notification process for appealing the notice. He also questioned the procedure used to follow-up with any other inquiries and complaints against the property by the Codes Compliance Officer as well as Mr. Frymoyer’s codes experiences, background and certification. It was questioned whether there was any information conveyed to Mr. Frymoyer as to the planned time line for completing this restoration by Mr. Eyman. It was explained that the reason for the violation was a health and safety issue because of the condition of the house.

Mr. Eyman presented his testimony. He outlined his intentions on restoring the outside condition of his property. He noted the only permit he needs for his restoration project would be for the electrical work. He felt he should have been contacted as to his timeline for the project. He feels there should have been better communication and he would have conveyed his long range plan for restoring the outside of his property. He became the owner of the property in 2000.

Eyman Exhibit #1 – Affidavit presented to the Codes Officer dated September 15, 2014

His time frame was questioned, but no actual time line was presented. He explained that all his efforts except for a few boards he sanded on the front of the property have been on the interior of the property. It was questioned whether he ever contacted the borough office to discuss the fact that he never painted the property as he told Mr. Tuscan he would by 2014.

  •  A Motion was moved by Ms. Martin to continue the hearing to the next council meeting for the purpose of rendering a decision. The Motion was seconded by Ms. Bowers and passed unanimously.

Mr. Davis will be in contact with the Council Members before the next meeting to prepare for the rendering of this decision at the Council Meeting on October 28th. It was noted that this hearing will be closed as of October 14th and the only action at the Council Meeting on October 28th will be the rendering of the decision.

  •  A Motion was moved by Mr. Roth to close the hearing. The Motion was seconded by Ms. Martin and passed unanimously.

Visitors:
• Ms. Kay Hetrich from the Manheim Historical Society gave a presentation on the fundraising for the restoration of the Keath House. She gave the history of the building and distributed copies of the packet of information that will be used by Historic Society for their fundraising campaign. The Historical Society was thanked for keeping Council informed on their activities.

• Mr. Todd Elliott was present to report that First Friday went very well and questioned the possible waiving of the special event permit fee. It was explained that this is a total fee of $25.00 for the whole event and not each participant. This special event permit is issued so the borough has control and is aware of the events being scheduled in the borough.

  • Mayor and Police Chief Report:
    • Mayor Funk gave his report to council. Mayor Funk reported on the Car Show scheduled for Saturday, October 18th from 10:00 AM to 2:00 PM in Market Square.
  • A Motion was moved by Mr. Roth to approve the Manheim Downtown Development Group closing Market Square on Saturday, October 18th for the Car Show. The Motion was seconded by Ms. Bowers and passed unanimously.

• It was noted that the Eagle Scout who did the restoration project on the Gazebo did a wonderful job.

• Chief Stauffer distributed his report and reviewed it with Council.

• Farm Show and Parade ran very smoothly with only a few minor issues. Council was updated on the current status of the radios, with them going live November 10th. It will definitely be a higher level of communication between the officers, county and staff.

Borough Manager Report:
• Mr. Stivers distributed his report and reviewed it with Council.

• Council was updated on the current status of the West Stiegel Street project. There will be relocation of water lines as the existing failing Stormwater trench is replaced. UGI will also be doing some upgrades to their utilities as well. The sinkhole at the sidewalk has also been filled. The Contractor will mill the street the week of October 20th and the paving will be the week of October 27th. It was noted that the same condition found with the Stormwater trench on this project carries down New Charlotte Street as well and that should be replaced next year. The placement of a stop sign on South Charlotte Street at this intersection is being considered. Staff was instructed to work on a concept plan for this intersection and the warrant criteria will be researched for stop signs.

• The trash pre-bid meeting was held October 6th. The possibility of starting at 5:00 AM was discussed.
 A Motion was moved by Mr. Roth to approve the start time for the contracted trash hauler only at 5:00 AM with North & South Main and East & West High Streets being the first pickups. The Motion was seconded by Ms. Martin and passed unanimously.

• 45 Market Square settlement is currently being scheduled.

• Council was updated on the asbestos removal for 16 East Stiegel Street before it is demolished.

• Council was updated on the current status of the Police Building.

• Council was reminded of important upcoming meeting dates.

• Christmas Lights will be installed on Market Square Saturday, November 15th in conjunction with the Fire Department.

Action Items:
• Reconsideration of the Municipal Tax Exoneration for Lot 4 was presented for approval to reverse a previous motion made on August 12, 2014 at the Borough Council Meeting. After discussions with the County Tax Office it was suggested that this should be reversed.
 A Motion was moved by Ms. Martin to rescind the action approved on August 12, 2014 by Council to grant tax relief for Parcel 400-73447-0-0000. The Motion was seconded by Mr. Roth and passed unanimously.
Discussion was held concerning the Tax Relief approved for 148 E. Stiegel, since they will now be used as apartments.

• Ronda & Mark Morrison were present to introduce themselves and update council on their thoughts of operation and upgrades of Kauffman Park as they would like to request a new lease with themselves and the Borough. Kenny Shank who has leased the park for over 25 years is going to retire. The new lease would be for $1,000 and payment of taxes for the period of 10 years. They would like to close on October 30th. Discussion and questions were entertained concerning the operation of the park.
 A Motion was moved by Mr. Roth to lease Kauffman Park for 10 years to Ronda & Mark Morrison for the current terms of the lease for $1,000 plus payment of taxes. The Motion was seconded by Ms. Bowers and passed unanimously.

• The RFP for a Borough Engineer was presented for approval.
 A Motion was moved by Mr. Roth to approve the RFP for a Borough Engineer. The Motion was seconded by Ms. Bowers and passed unanimously.

• The Borough Council Meeting Minutes for September 30, 2014 were presented for approval.
➢ A Motion was moved by Ms. Martin to approve the Minutes of the September 30, 2014 Borough Council Meeting. The Motion was seconded by Mr. Roth and passed with a vote of 3 to 0. President Fenicle abstained since he was not present at the September 30, 2014 Council Meeting.

• The Voucher List in the amount of $103,695.10 was presented for approval.
 A Motion was moved by Mr. Roth to approve the voucher list in the amount of $103,695.10. The Motion was seconded by Ms. Martin and passed unanimously.

• The Voucher List in the amount of $4,809.38 was presented for approval.
 A Motion was moved by Mr. Roth to approve the Voucher List in the amount of $4,809.38. The Motion was seconded by Ms. Bowers and passed with a vote of 3 to 0. President Fenicle recused himself as he is an employee of the Manheim Borough Authority.

• The K9 Fund Financial Report and the 250th Committee Financial Report was presented for review.

Committee Reports:
• The Committees will meet to discuss their portions of the budget.

• It was noted by President Fenicle that he would entertain a motion at the next council meeting of what the next steps will be for the future of the pool.

• The Parks and Pool Committee members offered some thoughts on what they would like as information before a decision on the pool is rendered. It was suggested that a second opinion be acquired on the actual condition of the current pool complex to help make this decision.

• Items needed for final decision on the pool were discussed. The cost for all the pool upgrades need to be considered as well as what the cost would be to totally demolish the pool. It would need to be decided if we just demolish the pools, or also the buildings. We would need due dates for 2015 contracts for pool operation to be negotiated.

• It was noted that they need to know if there is any commitment from the partners toward the pool and if the citizens group that was discussed at the Pool Meeting is seriously interested in a fund raising campaign. Kyle Hipple has volunteered to spearhead the fundraising campaign. The commitment from this group needs to be long range.

• It was noted that the creation of a Recreation Commission should be considered to possibly provide programs for the community. It was noted the YMCA seems interested in having a presence in our community as well.

• It was suggested to keep the agenda for the next council meeting to a minimum since the pool is going to be the main topic.

New Business:
• We have received a request from a Manheim Girl Scout Troop to use our Community Room for meetings as they are now going to be charged by Pleasant View to use their meeting room.
 A Motion was moved by Mr. Roth to allow the Manheim Girl Scout Troop use of our community room at no cost as long as they work with staff on scheduling. The Motion was seconded by Ms. Bowers and passed unanimously.

• The High School Marching Band has requested to use Island Field for Parking during their band competition on October 25th. Policy for event parking on this field was discussed and will be researched for the future.
 A Motion was moved by Mr. Roth to deny parking on the Island Field for Parking during their band competition on October 25th. The Motion was seconded by Ms. Bowers and passed unanimously.

• Ms. Martin has requested reimbursement for a canopy she loaned to the pool for use in 2012 to cover the fryer at the concession stand and was subsequently returned damaged. The replacement value is listed as $150.00.
 A Motion was moved by Mr. Roth to replace the damaged canopy used by the pool with an estimated replacement value of $150.00 to Ms. Martin. The Motion was seconded by Ms. Bowers and passed with a vote of 3 to 0. Ms. Martin recused herself.

Executive Session:
• A Motion was moved by Mr. Roth to adjourn to Executive Session at 9:58 PM to discuss personnel and real estate. The Motion was seconded by Ms. Bowers and passed unanimously.

• A Motion was moved by Mr. Roth to adjourn from Executive Session at 10:25 PM. The Motion was seconded by Ms. Bowers and passed unanimously.

Adjournment:
• A Motion was moved by Ms. Martin to adjourn at 10:26 PM. The Motion was seconded by Mr. Roth and passed unanimously.
Respectfully Submitted,

Linda Gerhart

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