Borough Council Minutes 10-28-2014

MANHEIM BOROUGH COUNCIL
October 28, 2014

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

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

Code Appeal Decision: Mr. Mike Davis of Barley Snyder and 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 presented the Borough Council Decision from the Hearing held during the Council Meeting of October 14th. Resolution 8-2014 was presented and read. This resolution resolves that the Borough Council of the Borough of Manheim hereby denies the appeal of Richard Eyman regarding the Property Maintenance Code Enforcement Notice dated September 3, 2014 and affirms the determination of the Borough Code Enforcement Officer.
 A Motion was moved by Mr. Roth to approve Resolution 8-2014 as read. The Motion was seconded by Ms. Martin and passed unanimously.
The resolution will be formally signed and an original copy mailed to Mr. Eyman.

Visitors:
• Mr. Robby Smith was presented with a proclamation from the Mayor and other tokens of appreciation for his Eagle Scout project of replacing the roof on the gazebo on Market Square. Representative Fee and Doreen Ober, Main Street Manager also offered their congratulations on a well done project.

• Ms. Barbara Basile was present to thank council once again for the use of the building space and the contribution the Manheim Community Library receives each year, which she hopes will be included in the budget for next year as well.

Manheim Downtown Development Group Report:
• Ms. Doreen Ober presented the quarterly report to council highlighting the recent successful annual car show and the future events planned for the holidays. The merchants in the borough have organized a monthly “First Friday” event, with the first one showing increased sales for the participating businesses. Guidelines and policies for this event are being discussed and the second event will be held Friday, November 7th. Christmas in Manheim is also being planned for the weekend of December 6th. The Audit has been completed and the grant has been closed. She requested consideration from council for a contribution to the MDDG for 2015 and that the Cooperation Agreement between the Borough & MDDG is signed for at least the year 2015. Ms. Ober was thanked for her hard work and well organized events.

Mayor and Police Chief Report:
• Mayor Funk gave his report to council. He explained the fund raising efforts of the Police Department for “No Shave November” which funds the Social Service effort in Manheim to bring Christmas gifts to less fortunate children in our area.

• Mayor Funk commented on the great effort completed by the school district on the move to the temporary Doe Run on Gramby Elementary School.

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

• He reviewed the current statistics and updated council on how well the new traffic patterns are going due to the opening of Doe Run On Gramby. The new radio system will be going live on November 10th.

Borough Manager Report:
• Mr. Stivers presented his report to Council.

• Council was updated on the finalization of the West Stiegel Street project, which unfortunately became a much larger project than first thought. There were some traffic problems with drivers ignoring the barricades and actually driving on the fresh paving as it was being completed. The routing of traffic and unannounced work of UGI was discussed. The trees will be planted in the next few weeks.

• Council was updated on the settlement for the 45 Market Square property completed earlier in the day. The work at 16 East Stiegel Street for asbestos abatement is complete and as soon as the final report is received, the building will be demolished.

• Council was updated on the Penn IDA meeting that Mr. Stivers attended, which is an organization formed to help with financing for tax free loans for businesses and next generation farmers. MAEDC is currently working a possible project with the White Farm located in Penn Township.

• The Codes Enforcement Officer has resigned for personal reasons. Mr. Rob Moyer of Commonwealth Codes will be replacing him in the interim.

• Council was updated on the current status of the Chiques Creek Watershed Alliance project at Logan Park.

• The Committees will be contacted to start scheduling special meetings to discuss the budget.

Action Items:
• Mr. Chris Simon who was not able to attend the meeting because he was out of state called in on speaker phone to be part of the discussion and so he could hear all the testimony concerning the future of the Manheim Community Pool. The Parks/Pool Committee met before the Council Meeting and reported on their discussions and recommendation for the future of the Pool. The group feels the pool adds value to the community but realizes that there is a need for funds to offset the cost of operation and improvements to the complex. They believe there is a need to make a multi-year commitment to the pool as this may have had a negative effect on memberships. After reviewing the public input and the financial situation, it is the recommendation of the Parks/Pool Committee to make a 5 year commitment to keep the pool open and to form a Pool Advisory Committee to provide a 5 year plan to improve the pool with a focus on the pool house initially and any immediate functional improvements.

Mr. Roth emphasized the current financial numbers for the operation of the pool considering the fact that Penn Township and Rapho Township will not be contributing to the pool operation. He feels this would put the entire tax burden on the residents. He presented his estimated assessment of what the additional tax burden would be for each resident. He mentioned that only 8% of the borough actually uses the pool according to memberships. He is concerned about the additional tax burden to senior citizens especially and the fact that there is no business plan in place. He does not feel it is fair to residents to pay same price for memberships as members from municipalities that do not contribute to the pool.

Mr. Howett reiterated that there are different things in the community that are part of the operation of the borough and well-being of the community but they do not directly affect every property owner. The welfare of the community and the effect on the future of this community needs to also be considered. The decision council is making is not strictly a business decision.

It was emphasized if the pool is kept open that goals need to be set and accomplished if this pool is going to survive. There needs to be a long range commitment from council and pool members to make the pool a success. Long term contracts and long range plans for capital repairs are necessary.

Mr. Simon, Mayor Funk and Ms. Bowers all voiced what an asset this pool is for the community and that there is a need to fight to sustain it.
 A Motion was moved by Ms. Martin to approve the recommendation of the Parks/Pool Committee to commit to keeping the pool open for 5 year and to form a Pool Advisory Committee. The Motion was seconded by Mr. Simon and passed with a roll call vote of 4 to 2.
Brad Roth No
Bonnie Martin Yes
Bryan Howett Yes
Rebekah Bowers Yes
Chris Simon Yes
David Fenicle No

There was a brief recess called at 7:57 PM as the press was present and requested a statement.

The Meeting was brought back to order at 8:10 PM.

• A request for the closing of Market Square for the installation of the Christmas lights on November 15th and the dismantling of the Christmas lights on January 10th was presented for approval.
 A Motion was moved by Mr. Roth to approve closing of Market Square for the installation of the Christmas lights on November 15th and the dismantling of the Christmas lights on January 10th. The Motion was seconded by Mr. Howett and passed unanimously.

• Resolution 7-2014 Ratification of Sale of 41-45 Market Square was presented for approval.
 A Motion was moved by Mr. Howett to approve Resolution 7-2014 Ratification of Sale of 41-45 Market Square. The Motion was seconded by Ms. Bowers and passed unanimously.

• A Fireworks Permit from the Dave Hahn & Jeff Hughes to honor Mike Williams after the final regular season home Football Game on Friday, October 31st was presented for approval.
 A Motion was moved by Mr. Roth to approve the Fireworks Permit from the Dave Hahn & Jeff Hughes for a display to honor Mike Williams after the Football Game on Friday, October 31st. The Motion was seconded by Ms. Martin and passed unanimously.

• The 2015 Trash Contract Bid summary of results and a confidential letter from the solicitor were presented to council for their review. The lowest bidder was Lebanon Farms Disposal and there seems to be no reason not to accept this bid.
 A Motion was moved by Mr. Roth to accept the bid from Lebanon Farms Disposal for a three year trash contract. The Motion was seconded by Mr. Howett and passed with a vote of 4 to 1. Ms. Martin was the nay vote.

• The request for No Parking signs for limited designated hours in the area of the Doe Run on Gramby Elementary School on North Linden Street and East Gramby Street was presented for approval.
 A Motion was moved by Mr. Roth to install No Parking signs for limited designated hours in the area of the Doe Run on Gramby Elementary School on North Linden Street and East Gramby Street. The Motion was seconded by Ms. Bowers and passed with a vote of 4 to 0. Mr. Howett recused himself from voting since he is an employee of the Manheim Central School District.

• The Borough Council Meeting Minutes for October 14, 2014 were presented for approval.
➢ A Motion was moved by Ms. Martin to approve the Minutes of the October 14, 2014 Borough Council Meeting. The Motion was seconded by Mr. Roth and passed unanimously.

• The Voucher List in the amount of $196,508.49 was presented for approval.
 A Motion was moved by Mr. Roth to approve the voucher list in the amount of $196,508.49. The Motion was seconded by Ms. Bowers and passed with a vote of 4 to 0. Ms. Martin recused herself as she is involved with the ownership of Rohrer’s Quarry.

Council was given the Revenue & Expense Report for review. Mr. Stivers explained the reason for the larger than expected bills for the West Stiegel Street project which entailed more road and utility work than expected.

Committee Reports:
• Mr. Phillip Graheck of West High Street in Rapho Township questioned who was in charge of the signage on West High Street as a sign concerning brake retarders has been knocked down. The borough staff will contact PennDOT about the sign, but there is a possibility it is actually located in Rapho Township.

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

• The Parks/Pool Committee reported earlier in the meeting during the pool discussion and action.

• Mr. Stivers will have a report from Land Studies from the follow up meeting on Green Study at the next council meeting.

• A proposal from David Christian for a conceptual site development plan for a memorial at Memorial Park was presented to council for review and consideration to submit to one of the committees for possible review. President Fenicle and Mr. Stivers in a past meeting had mentioned to Mr. Christian that this may be a future project in the borough. It was questioned as to which committee would actually handle this recommendation. It was suggested that his concept be reviewed by the Parks/Pool Committee.

• Discussion was held on the handling of projects when they are presented to council for consideration and a request to have information on council issues and decisions sent to council members as early in the decision process as possible. Mr. Stivers and President Fenicle explained some of the reasons for the short time lines for presenting information on certain issues.

• The Personnel Committee will be meeting before the next council meeting.

• The Public Works Committee will be reviewing the capital improvement projects for 2015 and will report back to council.

New Business:
• It was suggested that the council meeting dates be posted on the Fire Company sign so residents are more aware of the date and times of the meetings.

• It was requested that the Codes Officer enforce the removal of Yard Sale Signs the day after the sales are held. Discussion was also held on the number of yard sales that can be held at properties.

• The structuring of the Economic Revitalization Committee was questioned and it was explained that this committee will be organized after the budget process is complete.

• The Fire Chief gave council an update on the activities of the Fire Company. They have been very busy as they were involved with the fatal accident scenes and the fire at Fenner Drives which had about $20,000 damage. They have added 6 to 8 new members.

Executive Session:
• A Motion was moved by Ms. Martin to adjourn to Executive Session at 9:00 PM to discuss personnel and litigation issues. The Motion was seconded by Mr. Roth and passed unanimously.

• A Motion was moved by Mr. Roth to adjourn from Executive Session and return to the public meeting at 9:12 pm. The Motion was seconded by Mr. Howett and passed unanimously.

Public Session:
• A Motion was moved by Ms. Martin to approve the Police Chief to start the hiring process for a new officer. The Motion was seconded by Mr. Howett and passed unanimously.

• A Motion was moved by Mr. Roth to have the Borough join the appeal of the ZHB decision in Case C-4-2014 Jannone regarding the applicant’s denial for a billboard. The Motion was seconded by Mr. Howett and passed unanimously.

Council had a discussion on upcoming projects to work on including text amendments to the Zoning Ordinance and consideration for a new sign for the Borough Building that would show upcoming meeting times and special events.

Council had a discussion on the draft 2015 budget. It was recommended that council reconvene the Finance Committee to work with staff to review and work through the draft budget. President Fenicle assigned the following to that committee: Brad Roth (Chair), Bryan Howett and Bonnie Martin. The committee set a date of Oct 30th to meet and review the budget. Staff will resend the current draft to all council for review.

Adjournment:
• A Motion was moved by Ms. Martin to adjourn at 9:45 PM. The Motion was seconded by Ms. Bowers and passed unanimously.
Respectfully Submitted,

Linda Gerhart

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