City Council

Steelton Borough Council Meeting January 21, 2003 The regular monthly meeting was called to order at 6:33 p.m. by the Council-President, Michael Kovach, with the pledge of allegiance, followed by a moment of silence. In Attendance: Absent: Michael Kovach Michael Albert Jeffrey Wright Jeffrey Wrightstone Thomas Acri Mayor George Hartwick, III Albert Gornik Maryjo Szada David A. Wion, Solicitor Michael G. Musser, II , Secretary Kathleen D. Handley, Assistant Secretary APPROVAL OF MINUTES: On a motion by Mr. Acri, seconded by Mr. Wright, Council Members present voted unanimously to approve the minutes of the May2, 2002 and December 2, 2002, Council Meeting, as presented. EXECUTIVE SESSIONS HELD BETWEEN MEETINGS: Mr. Musser said he had nothing to report at this time. APPROVAL OF SCHEDULES OF BILLINGS, REQUISITIONS AND CHANGE ORDERS AS PRESENTED: On a motion by Mr. Wright, seconded by Mr. Gornik, Council Members present voted unanimously to approve the Schedule of Bills as presented. APPROVAL OF DEPARTMENT REPORTS: On a motion by Mr. Wright, seconded by Mr. Acri, Council Members present voted unanimously to approve the Community Development, Finance, Fire and Ambulance, Personnel, Police, Public Works, Code Enforcement, and Senior Center Departmental Reports for December, and the Fire and Police Department Annual Reports as presented. Mr. Musser noted that the Fire Department also included the following: the new drivers list; and update on the purchase of a new ambulance; a copy of the contract with Tri-Community for 2003; and an update on the truck fund drive. PUBLIC COMMENT: Agenda Items Only There were no comments. Mr. Kovach deviated from the agenda to allow Mr. O’Keefe to address Council on behalf of the Code Office to present the Donald Donley Development Plan. This item was included under the finished business section of the Agenda. Mr. O’Keefe, zoning Hearing Board Chairman, said he was representing the Code Office, since Ms. Steelton Borough Page (2) Council Meeting January 21, 2003 Czeiner was attending Fire School and couldn’t attend this meeting. Mr. O’Keefe said the Development Plan review for a Wine and Spirit Shop at 320-327 North Front Street was completed by the County Planning Commission, the Borough Planning Commission and was presented to the Borough Zoning Board for variances, which was also approved. Mr. O’Keefe said that the Borough Engineer’s report is also complete. He stated that the Highway Occupancy Permit has been applied for, but not received, and the improvement guarantee and the letter of credit is still outstanding. Mr. O’Keefe noted that the Council’s conditional approval is needed in order to get the letter of credit. Mr. Brian Fincher, Navarro & Wright consulting Engineers for Mr. Donley stated that there was some Ms. Czeiner was not clear on the need for the improvement guarantee, but that is being prepared. Mr. Fincher and Mr. O’Keefe presented the Council and Mr. Wion with copies of the plan. Mr. Wion noted that under the notes, # 7 requires them to provide that a Highway Occupancy Permit must be secured, it doesn’t have to be in hand, Council may consider this plan at this time. He said the plan has been signed and notarized and signed by the Engineers and Surveyors. Mr. Fincher said the plan is for one-quarter (1/4) acre, at 325-327 North Front Street, with a 50’ x 80’ building and seven (7) parking spaces are provided on the lot. There was a discussion the on the storm drainage, and other improvements required. Mr. Wion said that normally Council would have two (2) steps – a preliminary plan and a final plan. He said this procedure, because of the nature of this plan is a preliminary and final plan combined, so Council would need to waive the separate submission of your preliminary plan requirement. On a motion by Mr. Acri, seconded by Mr. Wright, Council Members present voted unanimously to waive the requirement for a Preliminary Plan. Mr. Wion asked Mr. O’Keefe if the other requirements, such as the Sedimentation Erosion Study, has been completed and submitted to the Borough. Mr. O’Keefe confirmed that it was. Mr. Wion said that there are no other outstanding items except for posting the improvement guarantee and asked if Council had any questions.. Mr. Acri said that he thought the building was to house Mr. Donley’s Heating and Air Conditioning Company and asked when it changed. Mr. Donley said at least six months ago or more, before the plans were prepared, he became aware of the fact that the State Store was loosing their lease and looking for another location, but they didn’t want any other business in the building, so he decided to build for them. Mr. Donley said that this has been the use since the first plan was submitted. Mr. Fincher concurred. All of the Council members said they were unaware of this change, and asked why they weren’t informed. Mr. Musser said that it is Ms. Czeiner’s responsibility to inform Council, or at the very least, keep the Council Chairperson of her Department informed. Dr. Szada asked Mr. O’Keefe if anyone considered the residents living in the area. Mr. O’Keefe explained that the ordinance requires the posting and mailing to the immediate residents. Mr. O’Keefe said that the way he has always done it on the Zoning Board, and Ms. Czeiner has agreed to it, is to inform anyone who can see the site. He said that Ms. Czeiner testified at the hearing that the neighborhood reaction and the public reaction she has received from anyone she mentioned it to has been favorable. Mr. O’Keefe said they try to get the word out and he was quite surprised that Council was unaware of the use. Dr. Szada said that she lives within a block of this site and she never received any notification. Mr. O’Keefe said that he can only go by the testimony at the hearing. Mr. Wion explained that the only matter before the Zoning Hearing Board were the variances you Council Steelton Borough Page (3) Council Meeting January 21, 2003 sees on the front page, which have to do with the setbacks, the buffer yard area and the off-street parking. He said that the use which is proposed is not a matter for the Zoning Hearing Board, or the Council. Mr. Wion said the Zoning Hearing Board is required to advertise the meeting to consider these variances and it has nothing to do with the use of the land, as long as it is a permitted use, which this is. Mr. Wion said that since there is no basis to deny the plan, the next order of business would be to adopt Resolution R-2003-6, approving the plan contingent upon the developer meeting the requirements of filing an Improvement Guarantee Agreement with the Borough and providing the security. He said the Improvement Guarantee Agreement is 110% of the value of the public improvements, which is going to be somewhere around $16,000,and then providing a letter of credit which is the financial basis for the Improvement Guarantee. On motion by Mr. Acri, seconded by Mr. Wright, Council Member present voted 4 to 1, to adopt RESOLUTION R-2003-6, approving the Development Plan of Donald Donley for 325-327 North Front Street, contingent upon the developer filing the Improvement Guarantee Agreement with the Borough and providing a letter of credit. Dr. Szada cast the dissenting vote. Mr. Kovach stated that this discussion on the change in use is not a reflection on the engineer, Mr. Donley or Mr. O’Keefe. Mr. Kovach said it was an internal problem, which Council will resolve and wished Mr. Donley success on his project. COMMUNICATIONS: PSAB – Informing the Borough of PSAB’S Regional Codes Program. Mr. Musser said the presentation will be at 5:30, on February 18, 2002, prior to the Council Meeting. Ms. Czeiner – Providing Council with an Update on the implementation of the Statewide Uniform Construction Code. There were no comments. IIMC – Providing Council with information regarding the 57th IIMC Annual conference. There were no comments.  Mayor Hartwick – Note of thanks to the Public works Department and Mr. Conjar for the excellent snow removal service they provide. Lisa M. Wiedeman, Wiedeman Funeral Home, Inc. – Letter of Thanks to Mr. Musser, Mr. Conjar and the Public Works Department for their help with snow removal during a recent funeral. this time. Lisa M. Wiedeman, President, Steelton Business Association – Letter of thanks to Paula Sviben for the excellent job she did with the Borough Tree Lighting Ceremony. Jason Revay, Community Service Participant – Letter of thanks to Mr. Musser, Brian Wagner and Mayor Hartwick for their help with the Community Service Program. Ms. Melissa Bacon – Letter of thanks to Ms. Czeiner for her work in helping to clean up our town. Steelton Borough Page (4) Council Meeting January 21, 2003 On a motion by Mr. Gornik, seconded by Mr. Wright, Council Members present voted unanimously to have Mr. Musser place copies of these letters in the appropriate personnel files. Dauphin County Commissioners – Letter informing Mayor Hartwick that he has been reappointed to the Dauphin County Economic Development Advisory Board. There were no comments. New Baldwin Corridor Coalition (NBCC) – Providing council with minutes from the November 19, 2002, and December 17, 2002 meetings. There were no comments. Governor’s Center for Local Government – Providing the Borough with a copy of the Pa Department of Community and Economic Development Newsletter. There were no comments. Joanne B. Archfield, Engineering Technician-Systems, UGI – Requesting the Borough Provide UGI with a list of possible streets scheduled to be repaved in 2003. Mr. Kovach said that this has been given to Mr. Conjar for his response. Ms. Sviben – Providing Council with a copy of the Hummelstown Newsletter. There were no comments. Ms. Sviben – Requesting permission to hold a “Black History Month” celebration on the steps of the Municipal Building on Saturday, February 22, 2003, at 10:00 a.m. On a motion by Mr. Wright, seconded by Mr. Acri, Council Members present voted unanimously to approve Ms. Sviben’s request. Ms. Sviben – Informing Council and the Mayor that the next workshop for the Main Street Program is scheduled for Sunday, February 23, 2003, from 4:00 p.m. to 8:00 P.m., in Council Chambers. Mr. Kovach asked council Members to make a note in their calendars so they can attend the meeting. Ms. Sviben – Providing Council and the Mayor with a list of tentative events and dates for 2003. There were no comments. Ms. Sviben – Requesting Permission to move the 2003 Pre-Independence Festival to Cibort Park, change the parade route and make other suggested changes. On a motion by Mr. Acri, seconded by Mr. Wright, Council Members present voted unanimously not to move the Festival. Mr. Acri said this is to bring business to the downtown, and he didn’t agree with moving it. Steelton Borough Page (5) Council Meeting January 21, 2003 Chief Lenker said that at the Department meeting, they wanted to have a backup in the event we couldn’t use the Bethlehem Parking Lot this year. Mr. Acri said that if we can’t use the Bethlehem Steel Parking lot, then he would like to have it on Front Street again. Dauphin-Lebanon County borough’s Association – Invitation to the January 28, 2003, meeting at the Palmyra VFW, at 6:30 p.m. Mr. Kovach asked anyone wishing to attend to please contact Mr. Musser. Harrisburg Regional Chamber & CREDC – Invitation to the 6th Annual Legislators’ Forum, Tuesday, January 28, 2003, at 7:30 a.m., at the Hilton Towers. Mr. Kovach asked anyone wishing to attend to please contact Mr. Musser Leadership Harrisburg Area – invitation to the 2003 Leadership Luncheon Series, 1st Quarter Lunch Program, Friday, February 28, 2003, at the Radisson Penn Harris Hotel at 11:30 a.m. Mr. Kovach asked anyone wishing to attend to please contact Mr. Musser. ENVISION Capital Region – Invitation to the Annual review Thursday, February 20, 2003, at 4:00 p.m., at the Whitaker Center for Science & the Arts. Mr. Kovach asked anyone wishing to attend to please contact Mr. Musser. Governor’s Center for Local Government Services & PEMA – Providing the Borough with Information on a Disaster Prevention Workshop “What’s the Worst that Can Happen?” Mr. Kovach asked anyone wishing to attend to please contact Mr. Musser. Crossgates, Inc. – Invitation to the remaining Open Houses to view the TecPort Business Center, January 24th & 31st, from 2:00 p.m. to 5:00 p.m. Mr. Kovach asked anyone wishing to attend to please contact Mr. Musser. Mr. Musser – Providing Council with the memo freezing all Non-essential purchases for all Borough & Authority Departments until April 30, 2003. Mr. Gornik questioned the availability of a camera for use in the Police Department. Mr. Lenker said that at the last Department meeting, Mr. Musser informed him that a digital camera was purchased for the use of all Borough Departments. Chief Lenker said that the camera had been kept in the Community Development Office, and he wasn’t aware that it was for their use. Chief Lenker said that everything has been resolved and the camera is now being used by the Police Department. ADDITIONS: Amjad Ali Khan, President ISGH – Requesting permission to block North Second Street for the Feast of Abraham on either 2/11/03 or 2/12/03, from 8:30 a.m. through 10:30 a.m. Chief Lenker said that the last time this area was closed off, there were a lot of problems and complaints. He said that they do have off-street parking and advanced Auto has given them permission to use their parking lot in the reaf of the store. He said he would like to it this way, to see how it works out. Steelton Borough Page (6) Council Meeting January 21, 2003 Mr. Khan, present in the audience said that this is going to be very inconvenient. He said they get more than 200 cars, and this is the first time they had a problem. Mr. Kovach said that when Council had given permission before, they did not know that it was to park the cars, he thought it was for an assembly of persons. He said that having all the cars there poses a real problem for emergency vehicles to pass, if necessary. On a motion by Mr. Acri, seconded by Mr. Wright, Council Members present voted unanimously to deny the request, based on Chief Lenker’s recommendation. UNFINISHED BUSINESS: Mr. O’Keefe – Requesting permission to address Council on behalf of the Code Office to present the Donald Donley Development Plan. This was addressed earlier in the meeting. Mr. Musser – Informing council that he has been informed by Senator Piccola’s office that the Grant submitted to DCED for $50,000, to help with the purchase of a new ambulance was approved in the amount of $25,000. There were no comments.  Mr. Musser – Requesting Council to ratify the transfer of Peman Hampton to the Highway Department on a full-time basis to fill the vacancy left by Joscephus Wallce and to ratify Mr. Mummert’s upgrade to full-time status to fill the vacancy left by Mr. Hampton. Both the transfer and the upgrade were effective Saturday, December 21, 2002. Mr. Hampton’s hourly rate is $10.25 an hour and Mr. Mummert’s hourly rate is $10.00 an hour. On motion by Mr. Acri, seconded by Mr. Wright, the Council members present voted unanimously to ratify the personnel changes presented by Mr. Musser, effective December 21, 2002. Mr. Musser – Providing Council & the Mayor with copies of the CDBG Applications that were submitted to Dauphin County FY2003 funding. On motion by Mr. Gornik, seconded by Mr. Wright, the Council members present voted unanimously to approve the applications as submitted. RESOLUTION 2003-R-1 was presented for Council’s consideration. On motion by Mr. Wright, seconded by Mr. Acri, the Council members present voted unanimously to adopt RESOLUTION 2003-R-1, establishing a Special Purpose Parking space for William Crystal of 203 Pine Street. RESOLUTION 2003-R-2 and RESOLUTION 2003-R-3 were presented for Council’s consideration. On motion by Mr. Wright, seconded by Mr. Gornik, the Council members present voted unanimously to adopt RESOLUTION 2003-R-2, striking a portion of Aberdeen Alley from the General Plan of Streets of the Borough of Steelton; and RESOLUTION 2003-R-3, STRIKING A PORTION OF Unopened “A” Avenue Unopened “B” Avenue and Unopened Fifth Alley from the General Plan of Streets of the Borough of Steelton. Steelton Borough Page (7) Council Meeting January 21, 2003 Mr. Musser - Providing Council with the Final Cost Estimate for the Route 230 Safety Project. Mr. Musser said the Engineers have reviewed the estimates and agree. Mr. Musser reminded Council that the Borough will pay for the project and will then be reimbursed by PennDOT. Mr. Musser said the Project will be bid in early spring. Mr. Kovach commended Chief Lenker, Mr. Musser, Mr. Conjar, Mayor Hartwick and Representative Buxton for making that area safer. NEW BUSINESS: George P. Hartwick, III Mayor – Providing Council with letters of resignation from the Steelton Borough Authority and Keystone Municipal Power Agency, Effective December 2, 2002. On a motion by Mr. Wright, seconded by Mr. Acri, Council Members present voted unanimously to accept Mayor Hartwick’s resignations as presented, effective December 2, 2002. Mr. Musser said that Mr. Acri has expressed an interest in serving on the Keystone Municipal Power Agency, and Mr. Wright, has expressed an interest in serving on the Steelton Borough Authority. Mr. Kovach asked if there were any other nominations for the vacancies. There were none. On a motion by Mr. Gornik, seconded by Mr. Wright, Council Members present voted unanimously to appoint Mr. Acri to the Keystone Municipal Power Agency, and Mr. Wright to the Steelton Borough Authority to fill the vacancies created by Mayor Hartwick. Mr. Kovach commended Mayor Hartwick for the time he spent on the committees. Mr. Musser informed Council that one of the Zoning Hearing Board alternates, Margie Mundie, has moved out of town and he would like to fill that vacancy. He said that Mr. O’Keefe had a recommendation. Mr. O’Keefe said that Elaine Fuller used to live in Steelton, owns property at 605 S Front Street, and plans to move back here from Virginia. He said she has expressed an interest in serving the community. Mr. O’Keefe said he was very impressed with her and would like to endorse her appointment. He said she is sending a letter to Council. Mr. Kovach said that Council would have to wait until she has established residency, and would consider his recommendation. Thomas Wargo – Providing Council & the Mayor with a letter of Resignation from the position of Part-Time Police Officer in the borough of Steelton, effective Monday, December 30, 2002. On a motion by Mr. Gornik, seconded by Mr. Acri, Council Members present voted unanimously to accept Officer Wargo’s resignation, effective December 30, 2002. Chief Lenker requested Council’s permission to advertise for Part-Time Officers. On a motion by Mr. Acri, seconded by Mr. Wright, Council Members present voted unanimously to authorize Chief Lenker to advertise for part-time police officers. Tri-County Regional Planning Commission – Providing Council with the Municipal Planning Steelton Borough Page (8) Council Meeting January 21, 2003 Advisory Service Agreement for the year 2003. On a motion by Mr. Wright, seconded by Mr. Gornik, Council Members present voted unanimously to approve execution of the Agreement as submitted, noting that there is no cost to the Borough. Jeanette Kearney, Executive Director, Humane Society of Harrisburg Area, Inc. – Providing the Borough with the Municipal Domestic Animal Protective Services Agreement for 2003 for execution. Mr. Musser informed Council that in 2002, the Borough paid $2,326.50 for services. Mr. Musser recommended that Council approve the Agreement, since the annual fee is $1,937.00. On a motion by Mr. Acri, seconded by Mr. Wright, Council Members present voted unanimously to approve execution of the agreement with the Municipal Domestic Animal Protective Services Agreement for 2003, as presented. RESOLUTION 2003-R-4 was presented for Council’s consideration. Mr. Musser noted that the only change in the Resolution is that the fee for copies is thirty (30) cents per copy. On a motion by Mr. Wright, seconded by Mr. Acri, Council Members present voted unanimously to adopt RESOLUTION 2003-R-4, adopting the Steelton Borough Policy for Implementing the Amended Right to Know Law, as presented. RESOLUTION 2003-R-5 was presented for Council’s consideration. On a motion by Mr. Wright, seconded by Mr. Acri, Council Members present voted unanimously to adopt RESOLUTION 2003-R-5, establishing a Special Purpose Parking Space for Dorotheia R. Wagner, of 330 Locust Street, as presented. Mr. Musser – Requesting approval to use Citizens Bank as one of the Borough’s Depositories. Mr. Musser said some of the banks are offering us better rates to invest. He said he is not moving the payroll from AllFirst, at this time. Mr. Musser said he will be bringing proposals from other institutions as he receives them. Mr. Musser said that Mr. Wion has prepared RESOLUTION 2003- R-7, if Council’s approves his request. On a motion by Mr. Gornik, seconded by Mr. Acri, Council Members present voted unanimously to adopt RESOLUTION 2003-R-7, designating Citizen’s Bank as a Borough of Steelton depository, as presented. Mr. Musser – Providing Council with a Blood Borne Pathogen Policy and request Council Review it and consider adopting a policy at the next Council meeting. Mr. Musser asked council to please review the Policy for consideration at the next meeting. Mr. Kovach asked if this is voluntary. Mr. Wion said he has to review the policy and Council should do so also, because there area number of blanks to be filled in. He suggested that a Committee be formed, perhaps with Dr. Szada, to make recommendations. Mr. Kovach asked Dr. Szada if she would agree to head the committee to review this policy and make Steelton Borough Page (9) Council Meeting January 21, 2003 recommendations to Council. Dr. Szada said she would. Mr. Musser – Providing Council and the Mayor with Compliance Audit Reports of the Borough Pension Plans for the period January 1, 2000, to December 31, 2001. On a motion by Dr. Szada, seconded by Mr. Gornik, Council members present voted unanimously to approve the Audit Reports as presented. Mr. Musser noted that there are a few findings that are mandated by State Law. Mr. Musser said that he and Mr. Wion will be working on them over the next few months, to prepare the necessary Ordinances to include the changes, so that we are in compliance. Mr. O’Keefe – Providing Council with a copy of the recent Zoning Decision from the October 23, 2002 Meeting. There were no comments. Mr. Musser – Requesting permission to place the lot at 631-633 North Front Street out for bid. Mr. Musser said he received some interest in the lot for commercial use. It was the consensus of Council Members present to allow Mr. Musser to advertise the lot for bid. Mr. Musser – Providing Council with information from the City of Harrisburg on Nuisance Property Owners. Mr. Musser said that since we have recently had problems with this, he wanted to present Council with what the City has tried and some of the problems they encountered. OTHER BUSINESS: Mr. Acri - Requesting an executive session to discuss Police Personnel Matters, Fire Department Personnel Matters, Code Enforcement Personnel Matters & Personnel Matters regarding Officer Gaither. AUDIENCE PARTICIPATION: Robert Amstel, 221 Pine Street – Mr. Amstel said he was here a number of months ago to request that the parking meters on North Second Street, by the Post Office, be removed, to allow more access for the customers. He said that unfortunately this has backfired. He said that instead of allowing more access to the customers, the postal employees are using the spaces. He said he approached Mr. Radabaugh, at the Post Office, but the Post Office doesn’t provide paring for their employees. After discussion, it was the consensus of Council Members present to request Chief Lenker to do a traffic study to see if placing fifteen (15) minute parking signs in that area would be affective. COUNCIL’S CONCERNS: Dr. Szada – Dr. Szada said that she believes that while trying to attract new businesses to town, Council is overlooking the residents. Steelton Borough Page (10) Council Meeting January 21, 2003 Mr. Gornik – Wished everyone a happy new year.  Mr. Acri – Thanked the public and Mr. O’Keefe for his service. Mr. Acri said Mr. O’Keefe is very knowledgeable and wished he could serve on Council, but his job prohibits that. He told Mr. O’Keefe that he appreciates his time and dedication. Mr. Wright - Said it is a new year and he hopes to get more participation in the Business Association and the Main Street Project. Mr. Kovach – thanked Mr. Musser, Mrs. Handley Mr. Wion and Chief Lenker for their dedication. He said we accomplished much last year and hopes to continue. On motion by Mr. Acri seconded by Mr. Wright, the Council meeting recessed into executive session to discuss Police Personnel matters, Fire Department Personnel matters, Code Enforcement Personnel Matters and Personnel Matters regarding Officer Gaither, at 7:56 p.m. ADJOURNMENT: The meeting reconvened at 8:29 p.m., and there being no other business before Council, on a motion by Mr. Wright, seconded by Mr. Gornik, the meeting was immediately adjourned. Respectfully submitted, ____________________________________ Michael G. Musser, II Borough Secretary ____________________________________ Kathleen D. Handley Assistant Secretary