City Council

Steelton Borough Council Meeting Agenda March 20, 2017 Call Meeting to Order: President Jeffrey Wright Pledge of Allegiance: President Jeffrey Wright Moment of Silence: Mayor Thomas F. Acri Executive Sessions held between Meetings: Approval of Minutes from previous meeting: March 6, 2017 Public Comment on Agenda Items only: Approval of schedule of billing, requisitions, and change orders as presented for: February 2017 Motion/Second/Vote Approval of Department Reports: Fire Department and Ambulance (Written Report) Police Department (Written Report) NEDC Committee (Written Report) Public Works (Written Report) Codes Department (Written Report) Mayor's Report (Oral Report) Borough Manager's Report (Oral Report) Motion/Second/Vote Presentations: Communication: Mr. Doug Brown Community Letter of Interest to Join the Community Rating System Mr. Doug Brown Letter to PA Department of Community & Economic Development re: Extension Request for Grant C000059568 Mr. Doug Brown Letter to Office of Medical Marijuana Supporting Firefly Dispensary PA Department of General Services -COSTARS Acknowledgement/Approval to Participate in the DGS Statewide Contract for Sodium Chloride (Road Salt) for the August 2017- July 2018 Season Tri-County HOC, LTD. Press Release, awarded Dauphin County  2016 Share Gaming Grant of $132,000 HRG Fire House Improvement Phase 2 Pre- Construction Conference Agenda and Meeting Minutes. TRC Environmental Corporation, Inc. Property Access Agreement for Proposed Phase I Environmental Site Assessment Site Reconnaissance for 13 Sites along N. Front Street, Steelton, PA Connie Wilson, Skarlatos Zonarich LLC Notice of Winding Up With Intent to Dissolve Steelton Fire Department Emergency Medical Services Dauphin County Planning Commission Proposed Zoning Amendment - Medical Marijuana Growers/Processors Parking Requirements Verizon Increased Rates for certain programs Unfinished Business: Mr. Wion Resolution 2017-R-_Appointing a Vacancy Board Chair Motion/Second/Vote New Business: Mr. Brown Approval of Business Service Order Agreements with Comcast Business for Telephone/Internet Services Motion/Second/Vote Charles Heisley from Comcast will be in attendance to review services and answer questions. KL Property Management Relief from sewer charges on vacant house Motion/Second/Vote Mr. Brown DCEDC Steelton Borough 2016 CDBG Agreement Motion/Second/Vote Mr. Wion Resolution 2017-R-_ Resolution Authorizing the Transfer and Conveyance of Borough Real Property to Steelton Economic Development Corporation Motion/Second/Vote Mr. Wion Resolution 2017-R_Ethics Act Resolution Motion/Second/Vote Mr. Wion Approval of Resolution 2017-R-_ Special Purpose Parking Permit for Fabian A. Marroquin, 711 St. Mary's Drive Motion/Second/Vote Mr. Singh Review of Handheld Property Maintenance Equipment Quote Mr. Wion needs to review the agreement/draft paperwork in order to bring the agreement back to Council for approval at a future meeting. Singh will discuss the proposal for Council information. Mr. Wion will then review the agreement. This was a budgeted item for 2017. Mr. Brown Approval of Steelton Borough Chapter 94 Report Motion/Second/Vote This is the annual wastewater report. Mr. Brown Approval of Addendum to 2016 Audit. Mr. Wion Approval of EPA CAFO Agreement Motion/Second/Vote Council Concerns: Public Comments: Executive Meeting: To discuss pending litigation. Adjournment:  Steelton Borough Council Minutes March 20, 1017 Present: Maria Marcinko, Vice President Thomas Acri, Mayor Brian Proctor, President Pro-Tem Dave Wion, Solicitor Michael Albert Justin Mendinsky, Engineer Keontay Hodge Douglas Brown, Borough Manager Kelly Kratzer Det. Sgt. William Shab, Asst. Fire Chief Michael Segina Amrinder Singh, Codes Officer Eugene Vance, Fire Chief Thommie Leggett-Robinson, Exec. Asst. Absent with Cause: President Jeffrey Wright Borough Manager Douglas Brown Anthony Minium, Police Chief Call Meeting to Order: The meeting was called to order by Vice President Marcinko at 6:30 p.m. Pledge of Allegiance: The Pledge of Allegiance was led by Vice President Marcinko. Moment of Silence: Mayor Acri led the body in a moment of silence in respect of those who lost their lives in the service of their country and other loved ones. Executive Session between meetings: There was no Executive Meeting between meetings. Approval of minutes from previous meeting: The minutes of the March 6, 2017 Council Meeting were presented. Mr. Albert moved and Ms. Hodge seconded the motion that the minutes be approved as presented. The Council voted unanimously to approve the motion. Public Comment of Agenda items only: There was no comment from the public on agenda items. Approval of schedule of billing, requisitions, and change orders as presented for: February, 2017. Mr. Albert moved and Mr. Segina seconded the motion that the Financial Report be approved as given. The motion passed by a unanimous vote of the Council. Approval of Department Reports: Fire Department and Ambulance (Written Report) Steelton Borough Council Meeting Minutes – March 20, 2017 1  Police Department (Written Report) – There was no Police Department Report. Mayor Acri asked Det. Sgt. Shaub if he had anything to report. He did not. Mayor noted that Chief Minium was absent because of family matters. NEDC Committee (Written Report) Mr. Proctor announced that the NEDC Committee will meet March 28, 2017 at 6:00 p.m. Public Works (Written Report) Ms. Marcinko stated that the Department of Public Works has work is generally at work every day. They have no restrictions on what they do. However, I believe they did a good job during the snow storm. We were on electronic media all hours of the night. Ms. Marcinko stated that she received a few calls and though other Council members also received calls. Codes Department (Written Report) Mr. Singh announced that he added another page to his usual report which details monthly activities. The Department applied for two grants. One is for a recycling program sponsored by Dr. Pepper and Snapple. The company will supply recycle bins which will be placed outside the Borough office, in the parks and any other property that is interested in having one placed in that area. He has also applied for a grant with the Cigarette Butt Prevention Program. The Department will hand out ashtrays and place ashtray containers outside the Borough building and other public area such as the parks and areas where cigarettes are sold. The total value of the two grants is approximately $15,000.00. The Department will find out if they have been selected by the end of March. Vice President Marcinko instructed Mr. Singh not to place the cigarette butt receptacles inside the parks because the parks are non-smoking. Mr. Singh assured her that they will only be placed at the other sites mentioned and any other places that request they be placed in front of their business. Ms. Marcinko requested clarification on the written report. She noted that in the section reporting of Quality of Life violations 332 were recorded and 257 Public Safety Warning Notices were recorded. She wanted to know if the report showed that only ten places that were visited were in compliance. Mr. Singh responded that only those places where violations were found were recorded. If a visit was made and no violations were noted at this time the visit is not recorded. Therefore, there were actually 332 actual violations recorded. As the Department works with the new software program, they will try to identify those properties where no violations are recorded and acknowledge their good property maintenance. Mayor’s Report (Oral Report) There was no report from the Mayor. Borough Manager’s Report (Oral Report). In Mr. Brown’s absence, no report was made. A motion was called to accept the Departmental Reports as presented. The motion was made by Mr. Albert and seconded by Ms. Hodge. The motion carried unanimously. Presentations: There were no presentations made during the meeting. Communication: Mr. Douglas Brown, Borough Manager, wrote a letter to Mr. Richard Sobota, Community Rating System Coordinator (CRSC) with the Federal Emergency Management Agency. The letter stated that the Borough of Steelton was interested in participating in the Community Rating System to enable our residents to qualify for the discounted flood insurance premiums. Mr. Singh was designated as the local CRSC Coordinator. Steelton Borough Council Meeting Minutes – March 20, 2017 2 Mr. Douglas Brown, Steelton Borough Manager, wrote a letter to Christie Yerger, Economic Development Analyst at PA Department of Community & Economic Development Office of Business Financing. Mr. Brown requested a sixty day extension on the deadline to close a grant for the Tot Lot, which expires June 30, 2017. Mr. Douglas Brown wrote a letter to the Department of Health’s Office of Medical Marijuana regarding KW Ventures Holdings dba Firefly Dispensary. He informed them that the Firefly Dispensary, proposed to open at 801 South Front Street, meets all zoning requirements under Ordinance 2016-06. Ordinance 2016-06 is the Steelton Borough’s Medical Marijuana Ordinance that was passed by Council December 19, 2016. The Borough received correspondence from the PA Department of General Services acknowledging and approving the Borough’s participation in the Statewide Contract for Sodium Chloride (Road Salt) for the August 2017-July 2018 Season. Tri-County Housing Development Corporation shared a press release stating that it received a 2016 Local Gaming Grant Funds Grant of $132,000.00 from Dauphin County. Obtaining this grant will allow Tri-County HDC to move forward with the Steelton Borough Adams Street Project. Herbert, Rowland & Grubic, Inc. wrote the Borough regarding the Pre-Construction Conference with the contractors hired to complete Phase II of the Fire House Improvement Project. The meeting was held March 2, 2017. The minutes of the meeting were included with the letter. A letter from TRC Environmental Corporation stating that Dauphin County has hired the company to assess certain properties owned by the Borough and/or the Steelton Economic Development Corporation along the North Front Street Corridor. TRC requested permission to examine the land as a part of Phase I Environmental Site Assessment Site Reconnaissance. The sites will be examined to determine “the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, past release, or material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property”. Skarlatos Zonarich LLC wrote to inform the Borough advertisements are being made regarding the dissolution of the Steelton Fire Department Emergency Medical Services. The Borough received correspondence from the Dauphin County Planning Commission stating that the Commission recommends the Borough approve the zoning amendment for the use regulations of medical marijuana growers/processors for parking requirements to follow the parking schedule for manufacturing plants, research or testing laboratories, bottling plants. Verizon sent notification to the Borough regarding the increase in cost of certain cable stations. Unfinished Business: Mr. Wion reintroduced Resolution 2017-R-__ regarding the Appointing of a Vacancy Board Chair which was tabled at the last meeting. This Resolution is to appoint a Chair for the Vacancy Board which will be activated only if the Council is unable to fill the position of an elected official within 30 days. Within 15 days the Council and the appointed Chair will convene to appoint a person to fill the vacant position. If the Vacancy Board is unable to agree on a person to fill the vacancy, the matter will be sent to the Dauphin County Court for Steelton Borough Council Meeting Minutes – March 20, 2017 3 resolution. At this time, Council can recommend a name of someone to Chair the Vacancy Board. At the last Council meeting there was concern whether or not persons in the Borough-at-large had been notified that the position was open. At this meeting, an incomplete resume was submitted. Council agreed to table the resolution again to allow time for Mr. Brown to contact this person and get more information. Mr. Wion presented what would become the Resolution 2017-R-11 Bond which allows a small borrowing of $80,000.00 to add to other funds for the design, construction and equipping of the Skate Park. The funds will be issued by the Dauphin County Industrial Development Authority at a fixed interest rate of 2.8%., which will make the actual five year loan total $85,830.60. At Mr. Wion’s request, the Council made a voice vote. Mr. Proctor moved that Resolution 2017-R-11 and seconded by Mr. Segina. The vote was: Councilman Albert – yes Councilwoman Hodge – yes Councilman Proctor – yes Councilwoman Kratzer – yes Councilman Segina – yes Councilwoman Marcinko – yes. The motion was passed by a unanimous vote of the Council. New Business: Mr. Charles Ashley from Comcast Business Services presented information regarding the proposed new all- encompassing plan. The promotional rates they are offering the Borough for $1,167.80 per month for renewable contract for two years and a $300.00 gift card. This is a $455.00 reduction from the month-to- month agreement held with Frontier which is $1,622.80 per month. Mr. Ashley explained that even though this is one Borough has several sites, each site must have its own agreement (i.e. water plant, pumping station, administrative offices etc.). Mr. Wion had several questions about the standard Comcast terms and conditions. These questions must be addressed and remedied before the signing of the contract. The promotional prices offered will expire today after which prices will increase. Technically the Borough has 120 days to completely sign contract. Mr. Proctor asked Mr. Wion to clarify the confidentiality issue mentioned by Mr. Wion and was assured that there was no problem with that issue at this time. Vice President Marcinko asked for clarification regarding the price and time limit for final acceptance of the offer and received an affirmative response from Mr. Ashely. Mr. Segina requested information regarding the cost of long distance calls and was told that the rates were based on previous usage and overage is $.05 per call. Mr. Albert moved and Mr. Proctor seconded the motion that this two year promotional, renewable Comcast Services Contract be accepted pending the review and approval of Solicitor Wion. The motion passed by a unanimous vote of the Council. The Council addressed the KL Property Management request for relief from sewage cost for a vacant property located at 139 Adams Street because the unit was vacant and has been for some time. There was flooding due to a water pipe burst that was fixed. The Company is asking for relief from sewage cost following the repair of the pipe. Mr. Segina asked where the water went and how the owner removed it and the agreement was that the water went out into the street. Mr. Wion stated that there was no policy in place to handle this situation, however there was a procedure in place. That procedure is that once the complaint is registered with the Borough, the Department of Public Works assesses the situation and return to Council with a recommendation. CRW charges the Borough a minimum amount for treating the sewage. We need to determine how much the Borough paid, and how much above that amount the property owner paid. The difference between the two may be considered for relief. Although the water went into the Storm Sewer as opposed to the Sanitary Sewer is really not an issue. The inquiry was turned over to Public Works for review and recommendation. Steelton Borough Council Meeting Minutes – March 20, 2017 4 Mr. Wion discussed the Dauphin County Department of Community & Economic Development and Steelton Borough Community Development Block Grant Agreement. The agreement is that Dauphin County CED will serve as administer of $50,000.00 funds from CDBC which Steelton will use for the Codes Enforcement Project. This agreement is standard and no problem as long as Steelton meets requirements provided in the agreement. Mr. Proctor moved and Mr. Albert seconded the motion that Council accept the agreement as presented. The motion was passed by a unanimous vote of the Council. Mr. Wion introduced a Resolution which authorizes the transfer and conveyance of Steelton Borough Real Property to Steelton Economic Development Foundation so that the SEDC may utilize the real property in order to secure the improvement and betterment of the Steelton Borough downtown area and, by such action stimulate economic development in the Borough of Steelton. Mr. Proctor moved and Mr. Segina seconded the motion that Resolution 2017-R-12 be passed. The Council unanimously voted to accept the motion. Mr. Wion introduced a Resolution that requires the Designation of Steelton Borough Public Officials and Public Employees Pursuant to the Pennsylvania Act and Supporting Regulations in accordance with the Pennsylvania Ethics Act. This resolution list those persons required to file a Statement of Financial Interest for the Calendar Year 2016 on or before May 1, 2017. Mr. Raymond will be added as the Vacancy Chair for last year and the date must be changed. Vice President Marcinko confirmed that a person on the Municipal Ballot does not need to complete the form required by the Pennsylvania Ethics Act. Ms. Hodge asked if she needed to file separate Statement of Financial Interest since she filed one as an employee. Mr. Wion responded in the affirmative since one is filed as an employee of the State and the other must be files as an Official. Mr. Segina asked if Howard Gray should be listed as a member of the Authority since he was on the Board last year. Mr. Wion agreed that he should be listed as a “former” member of the Authority. Mr. Proctor moved and Ms. Kratzer seconded the motion that Resolution 2017-R-13 be passed as amended. The Council cast a unanimous vote in support of the motion. Mr. Wion presented a Resolution providing Special Purpose Parking for Mr. Fabian A. Marroquin at 711 St. Mary’s Drive. Mr. Albert moved and Ms. Kratzer seconded the motion that Resolution 2017-R-14 providing Special Purpose Parking Permit be passed. The Council passed the motion by a unanimous vote. Mr. Singh requested approval to purchase Handheld Property Maintenance Equipment as presented by United Republic Safety for a total cost of $14,015.00. This equipment, which was included in the budget, would make the Codes Department more efficient and effective by providing a way to complete violation reports in the field, providing a copy of the ticket with photographic evidence to leave on the property for the property owner, a copy for the Borough and the possibility to be posted on the Codes website. The request was tabled pending review and approval by Solicitor Wion. Mr. Wion requested the Council’s approval of Steelton Borough Chapter 94 Wasteload Management Report for Calendar Year 2016.The Report was prepared by Mr. Mendinsky, Engineer from Herbert, Rowland & Grubic, Inc. This is an audit of identified usage, improvements, projections and management of Sanitary Sewage. This is a required annual report that must be provided to the PA Department of Environmental Protection, Bureau of point and Non-Point Source Management. Ms. Hodge moved and Mr. Albert seconded the motion that the Report be approved. The Council passed the motion by a unanimous vote. In Mr. Brown’s absence, Mr. Wion explained the request for approval of the Addendum to the 2016 Audit. The request was tabled until Mr. Brown returns and is available to explain this addendum. Steelton Borough Council Meeting Minutes – March 20, 2017 5 Mr. Wion requested the Council approve the EPA CAFO Agreement. The agreement details how Steelton Borough will pay the administrative penalty for violation of the Clean Water Act. The violations are 1) failure to Conduct Field Screening of Priority Areas 2) Failure to Adequately Document Illicit Discharges and 3) Failure to Take Appropriate Corrective Action for Illicit Discharge. The Borough must pay a $ 5,000.00 fine. Ms. Kratzer moved and Mr. Albert seconded the motion that the Agreement be accepted. The Council passed the motion by a unanimous vote. Public Comments: Ms. Ina C. Alcendor, 109 Conestoga Street – Ms. Alcendor thanked the Public Works Department for doing such a great job cleaning the snow. She was particularly pleased that between Lincoln, Short and Conestoga. She also asked the status of the fire hydrant on Third & Conestoga Streets. The hydrant has been covered with plastic for some time. Ms. Marcinko will follow-up with on that information. Ms. Alcendor asked if that was some way to allow the snow plows to plow both sides of the street well. With automobiles parked on the streets, only the center of the street gets cleared. She asked if there was a parking lot where people could park their cars during a snow storm so that the streets could be completely cleared. The Borough does not have an available space at this time. Ms. Alcendor was also concerned about the clearance of Second Street since it is a designated emergency route. If the Borough was to remove the snow, where would the snow be placed? Ms. Marcinko stated that the Borough is unable to throw treated snow into the river because it would contaminate the water. Mayor Acri stated that Front Street is the emergency route usually recommended. A special notice will be communicated if Second Street becomes an emergency route and that street will be plowed to ensure it is available for that use. Ms. Natasha Woods, 181 South Front Street – Ms. Woods gave an update on the Spring Cleanup plans. She stated that a Community Garden, which includes two gardens and a compost stand is being planned. She suggested a clean-up on the East Side at least monthly, placing flowers in the flower pots on Front Street and the possibility of obtaining a grant to put recycling on the East Side. Mr. Proctor requested that Ms. Woods make a presentation to the NEDC Committee at their next meeting. Ms. Cheryl Powell, 321 Lebanon Street – Ms. Powell requested clarification regarding the source of the $80,000.00 funds assembled to pay for the Skate Park. It was confirmed that the Borough is borrowing the $80,000.00, which will be added to the $90,000.00 Gaming Grant and $40,000.00 Tourism Grant. At this points, the construction of the Skate Park has been placed out for bid. Mr. Emmuel Powell, 321 Lebanon Street – Mr. Powell stated that the Public Works Department does a good job with most things. He noted that the fire hydrants are often covered with snow after the plowing is completed. He recommended that a red flag be placed where fire hydrants are located so they can be more easily found should they be needed. Ms. Marcinko stated that she would discuss his concern with the Fire Department. Council Concerns: Ms. Kratzer – thanked the Police Department for their speedy response to the Snow Emergency Proclamation. The Proclamation was made at 9:00pm and at 9:06pm she saw two cars parked in the emergency route being towed. She also thanked the Department of Public Works, which went over and beyond minimum expectations to perform their jobs during the snow storm. Steelton Borough Council Meeting Minutes – March 20, 2017 6 Mr. Segina – Noted that there was a fire on Third Street and the Steelton Fire Department, assisted by the Harrisburg Fire Department did a good job of extinguishing the fire. He also thanked the Public Works Department for their work during the snow storm. Ms. Hodge – Thanked the people for coming out to the Council meeting. She thanked the Department of Public Works for their work during the snow storm. Ms. Hodge also requested that people support the Harrisburg Fire Department who responded to a fire that ended in tragedy, not only for persons who were lost in the fire, but also for the Fireman that was killed on his way to the fire. Ms. Hodge suggested removing cars on Second Street in stages during announced times for snow removal. Finally, she requested that persons contact their Congressmen requesting they take action to prevent a cut Community Block Development Grant funds, which are used to support community work. Mr. Singh – Reported that the solid waste codes were suspended during the snow period, however they will be enforced March 24, 2017. He has reviewed the last permit drawings for Term Wellness which covers 55 sq. ft. which represents $86 million in construction cost. Mr. Proctor asked about how the Codes Department was handling persons who are putting their trash out on Monday. Mr. Singh stated that the Department has written 1,265 warning tickets to property owners for putting trash out too early or/or for not removing them from the street/alley in a timely manner. Codes allow trash can be put out 12 hours before scheduled pickup. Mr. Wion made no comment. Mayor Acri thanked the Department of Public Works and Fire Department for their good work. He also remarked that the clock had been changed to daylight savings time immediately after the time change and he appreciated the timing of the change. Vice President Marcinko – First Responder Lt. Nate Martin and Mr. DeVos received an Award of Valor. Mr. DeVos was a 17 year Fireman on the Harrisburg Fire Force who was killed in an automobile accident as he traveled to fight a fire in Harrisburg that ended tragically. Mr. DeVos joined his colleagues fighting a fire on Third Street in Steelton. He will be missed. Executive Meeting: Mr. Albert moved and Mr. Proctor seconded the motion that the meeting be recessed so the Council can move into Executive Session to discuss a legal issue. Adjournment: Following the Executive Session, Mr. Albert moved and Mr. Proctor seconded the motion that the March 20, 2017 Steelton Borough Council Meeting be adjourned at 8:10 p.m. The motion carried by a unanimous vote. Steelton Borough Council Meeting Minutes – March 20, 2017 7