BOROUGH OF MECHANICSBURG BOROUGH COUNCIL MEETING 36 West Allen Street - Mechanicsburg, PA March 20, 2012

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1 BOROUGH OF MECHANICSBURG BOROUGH COUNCIL MEETING 36 West Allen Street - Mechanicsburg, PA March 20, 2012 CALL TO ORDER President Seagrist called the meeting to order at 7:42 PM and stated that Borough Council had an Executive Session prior to the Council meeting on a matter of potential litigation at 7:15 PM. President Seagrist noted that there would be an Executive Session with possible action following the conclusion of the agenda items this evening. PLEDGE OF ALLEGIANCE President Seagrist led those present in the pledge of allegiance to the flag. ROLL CALL Present were President Seagrist, Vice President McDermott, Councilwomen Humes and Kiskis, Councilmen, Miller, Stoner and Whitcomb, Mayor Ritter, Solicitor Coyne, Chief Spotts, Chief Seagrist, Engineer Barber, Secretary Dennis, Jr. Councilman Boyer and Assistant Secretary Boyer. Press: Roger Quigley Patriot. Public: Forest Baker, Harry Baker, Russ Baker, Tom Bender, Jodi Benzanilla, Dan Blacker, Amanda Bregerman, Rich Cornman, Joe Ford, Sean Forsythe, Karen Fox, Geoff Minter, John Murphy, Cindy Richards, Hugh Simpson, Karen Smith, Jay Stoner, Ron Trace, Jim VanKirk, Mark Walker and Linda Willis. GUESTS Metro Bank representatives Karen Smith, Amanda Bregerman and Jodi Bezanilla were present to review their proposal for banking services. After the presentation, President Seagrist opened the floor for questions. Councilwoman Kiskis asked how many municipal clients Metro Bank had. Ms. Bezanilla stated that she provided Manager Dennis with a list of references, but due to client privacy issues she could not answer the question at this time. CITIZENS COMMENTS/REQUESTS There were none. ADDITIONS TO THE AGENDA Discussion and possible action to establish the rental rate for residents and non-residents for the Community Garden Plots was requested by Assistant Secretary Boyer. Councilman Stoner asked that the Emergency Management Plan Resolution be placed on the agenda. Manager Dennis stated that staff did not add it to this agenda to allow for review of the document at the Fire Committee meeting. President Seagrist asked Chief Spotts if he had time to review the document. Chief Spotts indicated that he did, and he had some additional information to add to the document. After discussion Manager Dennis will put this on the April 3 rd Council meeting agenda. CORRESPONDENCE Manager Dennis reported that Beverly Cadwellder from Representative Delozier s Office, has contacted him to schedule a meeting with the Borough Elected Officials. After discussion, a date of April 16 th at 6 PM was selected

2 APPROVAL OF MINUTES Councilman Stoner made a motion to approve the minutes of the regular Council meeting of March 6, Councilman Miller seconded the motion and with no discussion, the motion passed with all voting in favor. THE MANAGER REPORTS Manager Dennis reported that the Safe Routes to School Grant Project is in the construction phase and staff has been working on several issues with the contractor. Mr. Barber has advertised the curb and sidewalk bid for the Main and Simpson Streets paving project and the bid award will be at the April 3 rd Council meeting. Manager Dennis reported that he attended the new sign unveiling by Messiah at the Senior Center. THE MAYOR REPORTS February 22 nd The world famous Hummel Miniature Flea Circus featuring Sophie and Frankie entertained the Keystonians at Bethany Village. February 25 th The Washington Fire Company #1 held their 154 th Anniversary Banquet at the Mechanicsburg Club. February 28 th The Hummel Miniature Flea Circus was invited back to Bethany Village for an encore performance. Sophie and Frankie played to a full house. March 9 th A new sign was installed at the Senior Center. The Mechanicsburg Place- Messiah Lifeway s A Senior Center and More. March 11 th Presented a citation from the Mayor s Office and a key to the city to Janelle Almond at the First United Methodist Church. Janelle received the highest award in Girl Scouting, the Gold Award. March 12 th Crime Watch, in addition to a 30 day crime update by Sgt. Curtis and current information on new scams, our speaker Carol Bogar, talked about Domestic Violence Services in Cumberland County. Trivia Question: The first settler of the Borough is said to be one Mr. Gostweiler, who built a cabin on the banks of a stream which coursed its way through the town. What marks the course of the stream today? Answer: Race Street. Credit for this question goes to the Mechanicsburg Museum Association. THE CHIEF OF POLICE REPORTS Chief Spotts advised Borough Council that on March 14 th he was re-elected to the Executive Board of the PA Chiefs of Police Association. THE SOLICITOR REPORTS No report. THE ENGINEER REPORTS Engineer Barber reported that he will be holding a pre-bid meeting for prospective sidewalk bid contractors on March 23 rd at 10 AM. On March 29 th at 8:30 AM there will be a coordination meeting - 2 -

3 with PennDot for the Main and Simpson Street paving project. Stewart and Tate will be coming in to do the micro surfacing from last year s paving project in late May or early June. THE FIRE CHIEF REPORTS Chief Seagrist reported that a Fire Chief s meeting was held since the last Borough Council meeting. Fire Chief Seagrist reported that he has attended several emergency calls within the Borough. Fire Chief reported that he followed up on several false alarms. Fire Chief Seagrist performed several i inspections of construction site and attended a meeting of the Cumberland County Fire Training Committee. AGENDA ITEMS March 20, 2012 Consider Approval of Certificates of Appropriateness for the Following Applications: 1. Trinity Evangelical Lutheran Church 132 East Main Street Signage. Vice President McDermott made a motion, second by Councilman Whitcomb, to approve the Certificate of Appropriateness for Trinity Evangelical Lutheran Church, 132 East Main Street, for signage with the conditions outlined in the Historic Architectural Review Board minutes of March 5, The floor was opened for discussion. Councilwoman Humes recused herself from the vote as she is a member of Trinity Lutheran. The motion passed with all six remaining Council members voting in favor. 2. Hans Dovenspike 108 East Main Street Roof Replacement. 3. Cindy Richards 330 West Main Street Exterior Renovations. 4. Caliber Investments 1 East Main Street Exterior Renovation. Councilwoman Kiskis made a motion, second by Councilman Whitcomb, to approve the Certificates of Appropriateness for Hans Dovenspike,108 East Main Street for roof replacement; Cindy Richards, 330 West Main Street and Caliber Investments, 1 East Main Street both for exterior renovations with the conditions outlined in the Historic Architectural Review Board minutes of March 5, The floor was opened for discussion and there was none. The motion passed with all Council members voting in favor. Discussion and Possible Action on the Land Development Plan for the Hollinger Group. Mr. Hugh Simpson from the Hollinger Group and John Murphy of Alpha Engineering were present to represent the plan. President Seagrist turned the floor over to Borough Engineer, Steve Barber. Engineer Barber stated that his memo dated February 2, 2012, attached had conditions which will have to be addressed by the applicant. Other conditions include: 1. Engineer Barber indicated that on the plan general notes #20 the reference to the Home Owners Association be removed and replaced by Property Owner as there will be no Homeowners Association. The applicant agreed to make the change. 2. Applicant will grant a stormwater easement is noted, Engineer Barber asked how that will be granted and Mr. Simpson indicated that it will be a separate agreement. 3. Engineer Barber indicated under General Notes Item 20, the borough shall be added to the note with the Township to have the right to inspection of facilities. The applicant agreed to make that change 4. The Borough is requesting to be added as an additional insured, against sinkholes on the property. The applicant agreed. 5. Engineer Barber asked that the Applicant provide the Borough with an electronic copy of the CAD files for the topographical surveys of this site to facilitate the design of the proposed stormwater interceptor with the plan design. Solicitor Coyne stated that she requests to see the Borough listed under the Operation and Maintenance notes with Upper Allen Township as having the right to inspect the stormwater facilities. The owner agreed to make this modification to the operation and maintenance notes on the plan

4 President Seagrist asked Attorney Coyne if there were any additional items. Attorney Coyne stated that the applicant has agreed to all the conditions set forth by the Borough s professional staff. President Seagrist stated for the record that a month ago Borough Council requested and received a time extension from the developer to work on coordination of the stormwater interceptor pipe installation with Upper Allen Township and the Mechanicsburg Area School District. President Seagrist stated that he believes that time has been fruitful in moving toward the realization of this stormwater mitigation project. President Seagrist stated that he is grateful to the developer for providing the additional time to coordinate this project. President Seagrist reviewed the progress on the project to date. President Seagrist then asked Mr. Simpson if he would consider offering an additional time extension to allow the Borough, Upper Allen Township, the Mechanicsburg Area School District and Cumberland County to work together to provide the LERTA tax abatements that will make this project possible. Mr. Simpson stated that he understands that the LERTA process is underway and he is actively participating in the process. Mr. Simpson stated that he has conditions of construction and financing that prohibits his ability to offer any additional time. President Seagrist asked Mr. Simpson if he would consider offering a time extension through March 27 th, when a meeting is scheduled with the School District. Mr. Simpson stated that he is not in a position to offer any additional time extensions and asked that the Borough Council take action on the plan before them this evening. Councilman Whitcomb made a motion to approve the plan with the following conditions, agreed upon by the applicant: 1. The conditions included in Engineer Barber s memo of February 2, 2012 which includes the dedication of a 20 foot wide drainage easement parallel to Shepherdstown Road on the developers property. 2. The revision of item 20 under the general notes section of the plan to remove the reference to the Home Owner s Association and replace that with the words Property Owner and to revise the inspection language to read " in recording this plan the applicant recognizes Upper Allen Township and the Borough of Mechanicsburg s right to inspect said facilities at any time. 3. The applicant will add the Borough as an additionally insured on their sinkhole liability insurance coverage for future sinkholes that may occur on the property in the future. 4. The applicant provides the Borough Engineer, Pennoni Associates, with an electronic copy of the CAD files for the topographical surveys of this site. 5. The Post Construction Stormwater Management Operational and Maintenance notes on the plan will be revised to state Upper Allen Township and the Borough of Mechanicsburg shall have the right to inspect the facilities. Councilman Miller seconded the motion for additional approval and President Seagrist called for any comments. Manager Dennis stated that Borough Staff hopes the developer will continue to work in good faith with the Borough of Mechanicsburg and Upper Allen Township to move through the LERTA process with the School District and County and move towards the installation of the storm water interceptor pipe along Shepherdstown Road. Mr. Simpson stated that he is planning on attending the meeting with the School District on March 27 th and intends to work with the Township and Borough to install the pipe. President Seagrist stated that Borough Council has reviewed its legal options in regard to the approval or denial of this plan. President Seagrist stated that the applicant has met the conditions set forth under the Borough Ordinances and Borough Council does not have grounds to deny this plan under its Ordinances without subjecting the Borough to possible litigation. Councilman Miller stated that in working in partnership with the developer, Upper Allen Township and the Mechanicsburg Area - 4 -

5 School District it is Council s hope to install a stormwater interceptor pipe on Shepherdstown Road in cooperation with this land development plan. After discussion, the motion passed with all in favor. Discussion and Possible Action on Resolution in Memory of Marlin L. Lippert. Councilman Whitcomb made a motion to adopt Resolution in memory of Marlin Lippert. Councilman Stoner seconded the motion which passed with all in favor. Discussion and Possible Action on the Special Events Application of Main Street Mechanicsburg for Earth Day, April 21 st. Councilman Whitcomb made a motion to approve the Special Events Application for Main Street Mechanicsburg s Earth Day Festival, subject to the conditions on the Special Events worksheet. Vice President McDermott seconded the motion and President Seagrist opened the floor for discussion. Councilwoman Kiskis recused herself as the event organizer. A vote was taken and the motion passed with all in favor. Discussion and Possible Action on the Special Events Application of Main Street Mechanicsburg for a Bridal Walk on March 25 th. Councilwoman Kiskis made a motion to approve the Special Events Application of Main Street Mechanicsburg for a Bridal Walk on March 25th. Vice President McDermott seconded the motion and President Seagrist opened the floor for discussion. With no discussion, the motion passed with all in favor. Discussion and Possible Action on the Special Events Application of Silver Spring Presbyterian Church for a Donation Event at the Intersection of Main Street and Walnut Street on March 24 th. Councilwoman Kiskis made a motion to approve the Special Events Application of Silver Spring Presbyterian Church for a donation event on March 24th, subject to the conditions on the Special Events worksheet. Councilman Whitcomb seconded the motion and President Seagrist opened the floor for discussion. A vote was taken and the motion passed with all in favor. Discussion and Possible Action to Advertise Revisions to the Zoning Ordinance Use Table and Schedule a Public Hearing on the Proposed Changes for May 15, Manager Dennis stated that Borough Staff has tried to provide conditions for the conditional use for professional services in the Main and Market Zoning District. The Solicitor and staff must be comfortable that the conditions set forth are legal and defensible and make common sense and are in harmony with the Borough s Comprehensive Plan. Manager Dennis explained that the Zoning Ordinance had the personal service use class as non-permitted in the Main and Market Zoning District as this mirrors the Comprehensive Plan vision for the downtown. The proposed change would be a change to the Comprehensive Plan. This matter should be reviewed by the Community and Economic Development Committee for compliance with the Comprehensive Plan. This change is different than the set back or sign revisions that are not in direct conflict with the Comprehensive Plan vision. Councilwoman Kiskis stated that a Conditional Use is at the discretion of Borough Council and they can make each decision as the applications come before Council. Councilman Whitcomb echoed Councilwoman Kiskis s position. Manager Dennis noted that Council can deny any Conditional Use Application, but that does not mean the applicant cannot seek legal recourse if the provisions of the Zoning Ordinance are not enforced in a consistent manner. President Seagrist spoke in support of Manager Dennis, stating that the Borough spent time, energy and tax dollars on the Comprehensive Plan and should consider that in making significant changes that are in direct conflict with the Comprehensive Plan. Councilman Whitcomb stated that the Planning Commission did not think this through, before setting these regulations. President Seagrist spoke in defense of the Planning Commission, stating that the Planning Commission included Borough Council and public - 5 -

6 input in the drafting of the Comprehensive Plan. Councilwoman Kiskis asked Solicitor Coyne what could lead to litigation in the Conditional Use process. Solicitor Coyne stated that discriminatory approval in these decisions could lead to potential litigation. The Solicitor stated Council can set conditions, such as hours, parking, and size; however, it must use the same criteria for all personal service Conditional Use requests. Solicitor Coyne stated that a condition for approval in the Zoning Ordinance stated that requests should be in general conformity with the Mechanicsburg Borough Comprehensive Plan and this request is not in conformity with your adopted Comprehensive Plan. Councilwoman Humes asked if the existing non-conforming business can move to another location within the same zoning district. Solicitor Coyne stated that a non-conforming use is for the site, not for the business. Councilman Whitcomb asked if the definition of a personal service enterprise could be changed. Solicitor Coyne stated that is a possibility, however, that would still require a Zoning revision and may be excluding lawful enterprises. Councilman Miller asked if the requested change for small scale office space is in general conformity with the Comprehensive Plan. Manager Dennis stated that the Planning Commission stated that if Borough Council was changing the use table to make a non-permitted use such as, personal service, conditional then the small scale office which was conditional could be made permitted as both are not in general conformity with the Comprehensive Plan, but both exist as non-conforming uses in the Main and Market District. The Comprehensive Plan reserves the Main and Market district for retail development. Councilwoman Kiskis stated that she feels the exclusion of personal services in this district was short sighted and she does not want to keep pushing this forward to yet another meeting. Much discussion followed on the definition of personal service. Councilman Miller suggested a revision to use square footage as a provision for Conditional Uses in the Main and Market District, as the Comprehensive Plan calls for retail and food service which require large square footage than some units provide. Manager Dennis requested that Council move to the 45 day review phase and advertises this while they are working out the detail of the conditions. Solicitor Coyne stated that she was not comfortable advertising at this point. Harry Baker, Planning Commission member, stated that Borough Council must decide if they want to wait out the economic times and stick with the Comprehensive Plan as drafted, or begin the process of rewriting the document to accommodate the current economic climate. Much discussion followed after which Councilman Miller made a motion to table this until after the Comprehensive Plan meeting. Councilwoman Humes seconded the motion. President Seagrist asked for a roll call vote as follows: Humes Yea Seagrist Yea Kiskis Nay Stoner Yea McDermott Yea Whitcomb Nay Miller Yea The motion passed. Discussion and Possible Action to Advertise a Sealed Bid Sale of Several Pieces of Sewer Plant Equipment. Manager Dennis noted that the items for sale would be advertised in the Sentinel Newspaper and the CPWQA newsletter. The bids must be received May 1 st. Councilman Whitcomb made a motion to approve the advertisement of the items from the Wastewater Treatment Plant for Sale. Councilman Stoner seconded the motion, which passed with all in favor. Discussion and Possible Action to Establish the Rental Rate for Residents and Non-residents for Community Garden Plots President Seagrist stated that the EAC is meeting this evening to finalize the guidelines and handbook for the Community Garden. The EAC is requesting that Borough Council approve the plot rental rates so that information can be place on the back of the sewer bill. Councilwoman Kiskis made a motion, second by Councilman Whitcomb, to set the Community Garden annual rental rate for 2012 at $35 for residents and $50 for non-residents. Manager Dennis stated that he is meeting - 6 -

7 with Messiah Village about sponsoring the garden and the open date has been tentatively set for April 28 th. EAC member, Harry Baker, stated that Borough residents can reserve a plot through April 30 th after which non-residents will be allowed to rent any available plots. After discussion the motion passed with all in favor. Approval of Capital, General, Highway, Sewer & Capital Sewer Fund Expenditures through February 29, 2012: Capital: $106, General: $156, Highway: $ Sewer: $47, Capital Sewer: $215, Councilman Whitcomb made a motion to approve the expenditures from February 1, 2012 through February 29, 2012 as stated above. Councilman Stoner seconded the motion and President Seagrist opened the floor for discussion. With no discussion, the motion passed with all in favor. President Seagrist stated that Solicitor Coyne provides himself, as Council President, with a copy of her invoice for billable hours. President Seagrist offered any member of Council that wishes an opportunity to review the bill. CITIZEN COMMENTS Jeff Minter, 410 Darla Road, thanked Borough Manager Dennis and Engineer Barber for all their time and effort to move this process forward. Mr. Minter encouraged Borough Council to keep moving forward with the interceptor pipe project. Mr. Minter reviewed the plan time line moving forward, stating he is confused because he heard Mr. Simpson say he has every intention of construction their portion of the stormwater interceptor pipe, and asked Borough Council how we are going to get to that point. President Seagrist spoke in regard to the Borough s intention to persue this project with the other agencies and hope to move the project forward. Jim Vankirk, 412 Darla Road, questioned what would encourage the School District to approve the LERTA tax abatement. President Seagrist stated that the Borough and Township work cooperatively with the School District on many projects and Borough Council hopes the School District will see the advantages in addressing this issue now to improve the stormwater issues at Elmwood for the future. Forest Baker, 406 Darla Road, expressed his disappointment at the approval of the plan. Manager Dennis stated that he and Engineer Barber are meeting with representatives of the Hess Farm property to discuss an easement for this project. Mr. Baker presented a donation of $100 donation to Washington and Citizen Fire Company for their help in pumping out residents on the Darla Road. Chief Seagrist thanked Mr. Baker for his donation on behalf of the Fire Companies. ANY OTHER BUSINESS Councilman Humes requested Resolutions in memory of Byron Reppert and Sam Black. Assistant Secretary Boyer asked to receive Council comments on the draft of the Newsletter by Thursday. Councilman Miller asked if Chief Spotts and Solicitor Coyne could look at the Borough s oversize vehicle parking regulations. Councilman Miller announced that he invited Congressman Lou Barletta to the Borough s annual Jubilee Day event. Councilman Seagrist asked that discussion on complaints from residents about the Patriot News delivering papers to non-subscribers be added to the next Council agenda

8 Solicitor Coyne stated that she would attend the Planning Commission meeting to help draft the proposed revisions to the Zoning Ordinance. Councilwoman Kiskis stated the newsletter looks great. Councilman Stoner stated there will be a Fire Committee meeting on March 22 nd at 7 PM. Jr. Councilman Boyer updated Borough Council on recent activities at Mechanicsburg High School. President Seagrist noted that Jr. Councilman Boyer writes for the school newspaper, The Torch. RECESS TO EXECUTIVE SESSION At 9:22 PM, President Seagrist recessed the meeting to an Executive Session on a personnel matter with possible action. RECONVENE At 10:25 PM, President Seagrist reconvened the public meeting. Discussion and Possible Action to Have the Solicitor Draft a Modified Offer of Continued Employment for the Borough of Mechanicsburg Police Chief. Councilman Miller made a motion to have Solicitor Coyne draft an offer of employment for the Borough Police Chief. Councilman Stoner seconded the motion which passed with all in favor. ADJOURN Councilman Whitcomb made a motion, second by Councilman Stoner, to adjourn the meeting at 10:30 PM. The motion passed with all in favor. Patrick Dennis Borough Secretary - 8 -

9 BOROUGH OF MECHANICSBURG BOROUGH COUNCIL MEETING 36 West Allen Street - Mechanicsburg, PA March 20, 2012 CALL TO ORDER President Seagrist called the meeting to order at 7:42 PM and stated that Borough Council had an Executive Session prior to the Council meeting on a matter of potential litigation at 7:15 PM. President Seagrist noted that there would be an Executive Session with possible action following the conclusion of the agenda items this evening. PLEDGE OF ALLEGIANCE President Seagrist led those present in the pledge of allegiance to the flag. ROLL CALL Present were President Seagrist, Vice President McDermott, Councilwomen Humes and Kiskis, Councilmen, Miller, Stoner and Whitcomb, Mayor Ritter, Solicitor Coyne, Chief Spotts, Chief Seagrist, Engineer Barber, Secretary Dennis, Jr. Councilman Boyer and Assistant Secretary Boyer. Press: Roger Quigley Patriot. Public: Forest Baker, Harry Baker, Russ Baker, Tom Bender, Jodi Benzanilla, Dan Blacker, Amanda Bregerman, Rich Cornman, Joe Ford, Sean Forsythe, Karen Fox, Geoff Minter, John Murphy, Cindy Richards, Hugh Simpson, Karen Smith, Jay Stoner, Ron Trace, Jim VanKirk, Mark Walker and Linda Willis. GUESTS Metro Bank representatives Karen Smith, Amanda Bregerman and Jodi Bezanilla were present to review their proposal for banking services. After the presentation, President Seagrist opened the floor for questions. Councilwoman Kiskis asked how many municipal clients Metro Bank had. Ms. Bezanilla stated that she provided Manager Dennis with a list of references, but due to client privacy issues she could not answer the question at this time. CITIZENS COMMENTS/REQUESTS There were none. ADDITIONS TO THE AGENDA Discussion and possible action to establish the rental rate for residents and non-residents for the Community Garden Plots was requested by Assistant Secretary Boyer. Councilman Stoner asked that the Emergency Management Plan Resolution be placed on the agenda. Manager Dennis stated that staff did not add it to this agenda to allow for review of the document at the Fire Committee meeting. President Seagrist asked Chief Spotts if he had time to review the document. Chief Spotts indicated that he did, and he had some additional information to add to the document. After discussion Manager Dennis will put this on the April 3 rd Council meeting agenda. CORRESPONDENCE Manager Dennis reported that Beverly Cadwellder from Representative Delozier s Office, has contacted him to schedule a meeting with the Borough Elected Officials. After discussion, a date of April 16 th at 6 PM was selected

10 APPROVAL OF MINUTES Councilman Stoner made a motion to approve the minutes of the regular Council meeting of March 6, Councilman Miller seconded the motion and with no discussion, the motion passed with all voting in favor. THE MANAGER REPORTS Manager Dennis reported that the Safe Routes to School Grant Project is in the construction phase and staff has been working on several issues with the contractor. Mr. Barber has advertised the curb and sidewalk bid for the Main and Simpson Streets paving project and the bid award will be at the April 3 rd Council meeting. Manager Dennis reported that he attended the new sign unveiling by Messiah at the Senior Center. THE MAYOR REPORTS February 22 nd The world famous Hummel Miniature Flea Circus featuring Sophie and Frankie entertained the Keystonians at Bethany Village. February 25 th The Washington Fire Company #1 held their 154 th Anniversary Banquet at the Mechanicsburg Club. February 28 th The Hummel Miniature Flea Circus was invited back to Bethany Village for an encore performance. Sophie and Frankie played to a full house. March 9 th A new sign was installed at the Senior Center. The Mechanicsburg Place- Messiah Lifeway s A Senior Center and More. March 11 th Presented a citation from the Mayor s Office and a key to the city to Janelle Almond at the First United Methodist Church. Janelle received the highest award in Girl Scouting, the Gold Award. March 12 th Crime Watch, in addition to a 30 day crime update by Sgt. Curtis and current information on new scams, our speaker Carol Bogar, talked about Domestic Violence Services in Cumberland County. Trivia Question: The first settler of the Borough is said to be one Mr. Gostweiler, who built a cabin on the banks of a stream which coursed its way through the town. What marks the course of the stream today? Answer: Race Street. Credit for this question goes to the Mechanicsburg Museum Association. THE CHIEF OF POLICE REPORTS Chief Spotts advised Borough Council that on March 14 th he was re-elected to the Executive Board of the PA Chiefs of Police Association. THE SOLICITOR REPORTS No report. THE ENGINEER REPORTS Engineer Barber reported that he will be holding a pre-bid meeting for prospective sidewalk bid contractors on March 23 rd at 10 AM. On March 29 th at 8:30 AM there will be a coordination meeting - 2 -

11 with PennDot for the Main and Simpson Street paving project. Stewart and Tate will be coming in to do the micro surfacing from last year s paving project in late May or early June. THE FIRE CHIEF REPORTS Chief Seagrist reported that a Fire Chief s meeting was held since the last Borough Council meeting. Fire Chief Seagrist reported that he has attended several emergency calls within the Borough. Fire Chief reported that he followed up on several false alarms. Fire Chief Seagrist performed several i inspections of construction site and attended a meeting of the Cumberland County Fire Training Committee. AGENDA ITEMS March 20, 2012 Consider Approval of Certificates of Appropriateness for the Following Applications: 1. Trinity Evangelical Lutheran Church 132 East Main Street Signage. Vice President McDermott made a motion, second by Councilman Whitcomb, to approve the Certificate of Appropriateness for Trinity Evangelical Lutheran Church, 132 East Main Street, for signage with the conditions outlined in the Historic Architectural Review Board minutes of March 5, The floor was opened for discussion. Councilwoman Humes recused herself from the vote as she is a member of Trinity Lutheran. The motion passed with all six remaining Council members voting in favor. 2. Hans Dovenspike 108 East Main Street Roof Replacement. 3. Cindy Richards 330 West Main Street Exterior Renovations. 4. Caliber Investments 1 East Main Street Exterior Renovation. Councilwoman Kiskis made a motion, second by Councilman Whitcomb, to approve the Certificates of Appropriateness for Hans Dovenspike,108 East Main Street for roof replacement; Cindy Richards, 330 West Main Street and Caliber Investments, 1 East Main Street both for exterior renovations with the conditions outlined in the Historic Architectural Review Board minutes of March 5, The floor was opened for discussion and there was none. The motion passed with all Council members voting in favor. Discussion and Possible Action on the Land Development Plan for the Hollinger Group. Mr. Hugh Simpson from the Hollinger Group and John Murphy of Alpha Engineering were present to represent the plan. President Seagrist turned the floor over to Borough Engineer, Steve Barber. Engineer Barber stated that his memo dated February 2, 2012, attached had conditions which will have to be addressed by the applicant. Other conditions include: 1. Engineer Barber indicated that on the plan general notes #20 the reference to the Home Owners Association be removed and replaced by Property Owner as there will be no Homeowners Association. The applicant agreed to make the change. 2. Applicant will grant a stormwater easement is noted, Engineer Barber asked how that will be granted and Mr. Simpson indicated that it will be a separate agreement. 3. Engineer Barber indicated under General Notes Item 20, the borough shall be added to the note with the Township to have the right to inspection of facilities. The applicant agreed to make that change 4. The Borough is requesting to be added as an additional insured, against sinkholes on the property. The applicant agreed. 5. Engineer Barber asked that the Applicant provide the Borough with an electronic copy of the CAD files for the topographical surveys of this site to facilitate the design of the proposed stormwater interceptor with the plan design. Solicitor Coyne stated that she requests to see the Borough listed under the Operation and Maintenance notes with Upper Allen Township as having the right to inspect the stormwater facilities. The owner agreed to make this modification to the operation and maintenance notes on the plan

12 President Seagrist asked Attorney Coyne if there were any additional items. Attorney Coyne stated that the applicant has agreed to all the conditions set forth by the Borough s professional staff. President Seagrist stated for the record that a month ago Borough Council requested and received a time extension from the developer to work on coordination of the stormwater interceptor pipe installation with Upper Allen Township and the Mechanicsburg Area School District. President Seagrist stated that he believes that time has been fruitful in moving toward the realization of this stormwater mitigation project. President Seagrist stated that he is grateful to the developer for providing the additional time to coordinate this project. President Seagrist reviewed the progress on the project to date. President Seagrist then asked Mr. Simpson if he would consider offering an additional time extension to allow the Borough, Upper Allen Township, the Mechanicsburg Area School District and Cumberland County to work together to provide the LERTA tax abatements that will make this project possible. Mr. Simpson stated that he understands that the LERTA process is underway and he is actively participating in the process. Mr. Simpson stated that he has conditions of construction and financing that prohibits his ability to offer any additional time. President Seagrist asked Mr. Simpson if he would consider offering a time extension through March 27 th, when a meeting is scheduled with the School District. Mr. Simpson stated that he is not in a position to offer any additional time extensions and asked that the Borough Council take action on the plan before them this evening. Councilman Whitcomb made a motion to approve the plan with the following conditions, agreed upon by the applicant: 1. The conditions included in Engineer Barber s memo of February 2, 2012 which includes the dedication of a 20 foot wide drainage easement parallel to Shepherdstown Road on the developers property. 2. The revision of item 20 under the general notes section of the plan to remove the reference to the Home Owner s Association and replace that with the words Property Owner and to revise the inspection language to read " in recording this plan the applicant recognizes Upper Allen Township and the Borough of Mechanicsburg s right to inspect said facilities at any time. 3. The applicant will add the Borough as an additionally insured on their sinkhole liability insurance coverage for future sinkholes that may occur on the property in the future. 4. The applicant provides the Borough Engineer, Pennoni Associates, with an electronic copy of the CAD files for the topographical surveys of this site. 5. The Post Construction Stormwater Management Operational and Maintenance notes on the plan will be revised to state Upper Allen Township and the Borough of Mechanicsburg shall have the right to inspect the facilities. Councilman Miller seconded the motion for additional approval and President Seagrist called for any comments. Manager Dennis stated that Borough Staff hopes the developer will continue to work in good faith with the Borough of Mechanicsburg and Upper Allen Township to move through the LERTA process with the School District and County and move towards the installation of the storm water interceptor pipe along Shepherdstown Road. Mr. Simpson stated that he is planning on attending the meeting with the School District on March 27 th and intends to work with the Township and Borough to install the pipe. President Seagrist stated that Borough Council has reviewed its legal options in regard to the approval or denial of this plan. President Seagrist stated that the applicant has met the conditions set forth under the Borough Ordinances and Borough Council does not have grounds to deny this plan under its Ordinances without subjecting the Borough to possible litigation. Councilman Miller stated that in working in partnership with the developer, Upper Allen Township and the Mechanicsburg Area - 4 -

13 School District it is Council s hope to install a stormwater interceptor pipe on Shepherdstown Road in cooperation with this land development plan. After discussion, the motion passed with all in favor. Discussion and Possible Action on Resolution in Memory of Marlin L. Lippert. Councilman Whitcomb made a motion to adopt Resolution in memory of Marlin Lippert. Councilman Stoner seconded the motion which passed with all in favor. Discussion and Possible Action on the Special Events Application of Main Street Mechanicsburg for Earth Day, April 21 st. Councilman Whitcomb made a motion to approve the Special Events Application for Main Street Mechanicsburg s Earth Day Festival, subject to the conditions on the Special Events worksheet. Vice President McDermott seconded the motion and President Seagrist opened the floor for discussion. Councilwoman Kiskis recused herself as the event organizer. A vote was taken and the motion passed with all in favor. Discussion and Possible Action on the Special Events Application of Main Street Mechanicsburg for a Bridal Walk on March 25 th. Councilwoman Kiskis made a motion to approve the Special Events Application of Main Street Mechanicsburg for a Bridal Walk on March 25th. Vice President McDermott seconded the motion and President Seagrist opened the floor for discussion. With no discussion, the motion passed with all in favor. Discussion and Possible Action on the Special Events Application of Silver Spring Presbyterian Church for a Donation Event at the Intersection of Main Street and Walnut Street on March 24 th. Councilwoman Kiskis made a motion to approve the Special Events Application of Silver Spring Presbyterian Church for a donation event on March 24th, subject to the conditions on the Special Events worksheet. Councilman Whitcomb seconded the motion and President Seagrist opened the floor for discussion. A vote was taken and the motion passed with all in favor. Discussion and Possible Action to Advertise Revisions to the Zoning Ordinance Use Table and Schedule a Public Hearing on the Proposed Changes for May 15, Manager Dennis stated that Borough Staff has tried to provide conditions for the conditional use for professional services in the Main and Market Zoning District. The Solicitor and staff must be comfortable that the conditions set forth are legal and defensible and make common sense and are in harmony with the Borough s Comprehensive Plan. Manager Dennis explained that the Zoning Ordinance had the personal service use class as non-permitted in the Main and Market Zoning District as this mirrors the Comprehensive Plan vision for the downtown. The proposed change would be a change to the Comprehensive Plan. This matter should be reviewed by the Community and Economic Development Committee for compliance with the Comprehensive Plan. This change is different than the set back or sign revisions that are not in direct conflict with the Comprehensive Plan vision. Councilwoman Kiskis stated that a Conditional Use is at the discretion of Borough Council and they can make each decision as the applications come before Council. Councilman Whitcomb echoed Councilwoman Kiskis s position. Manager Dennis noted that Council can deny any Conditional Use Application, but that does not mean the applicant cannot seek legal recourse if the provisions of the Zoning Ordinance are not enforced in a consistent manner. President Seagrist spoke in support of Manager Dennis, stating that the Borough spent time, energy and tax dollars on the Comprehensive Plan and should consider that in making significant changes that are in direct conflict with the Comprehensive Plan. Councilman Whitcomb stated that the Planning Commission did not think this through, before setting these regulations. President Seagrist spoke in defense of the Planning Commission, stating that the Planning Commission included Borough Council and public - 5 -

14 input in the drafting of the Comprehensive Plan. Councilwoman Kiskis asked Solicitor Coyne what could lead to litigation in the Conditional Use process. Solicitor Coyne stated that discriminatory approval in these decisions could lead to potential litigation. The Solicitor stated Council can set conditions, such as hours, parking, and size; however, it must use the same criteria for all personal service Conditional Use requests. Solicitor Coyne stated that a condition for approval in the Zoning Ordinance stated that requests should be in general conformity with the Mechanicsburg Borough Comprehensive Plan and this request is not in conformity with your adopted Comprehensive Plan. Councilwoman Humes asked if the existing non-conforming business can move to another location within the same zoning district. Solicitor Coyne stated that a non-conforming use is for the site, not for the business. Councilman Whitcomb asked if the definition of a personal service enterprise could be changed. Solicitor Coyne stated that is a possibility, however, that would still require a Zoning revision and may be excluding lawful enterprises. Councilman Miller asked if the requested change for small scale office space is in general conformity with the Comprehensive Plan. Manager Dennis stated that the Planning Commission stated that if Borough Council was changing the use table to make a non-permitted use such as, personal service, conditional then the small scale office which was conditional could be made permitted as both are not in general conformity with the Comprehensive Plan, but both exist as non-conforming uses in the Main and Market District. The Comprehensive Plan reserves the Main and Market district for retail development. Councilwoman Kiskis stated that she feels the exclusion of personal services in this district was short sighted and she does not want to keep pushing this forward to yet another meeting. Much discussion followed on the definition of personal service. Councilman Miller suggested a revision to use square footage as a provision for Conditional Uses in the Main and Market District, as the Comprehensive Plan calls for retail and food service which require large square footage than some units provide. Manager Dennis requested that Council move to the 45 day review phase and advertises this while they are working out the detail of the conditions. Solicitor Coyne stated that she was not comfortable advertising at this point. Harry Baker, Planning Commission member, stated that Borough Council must decide if they want to wait out the economic times and stick with the Comprehensive Plan as drafted, or begin the process of rewriting the document to accommodate the current economic climate. Much discussion followed after which Councilman Miller made a motion to table this until after the Comprehensive Plan meeting. Councilwoman Humes seconded the motion. President Seagrist asked for a roll call vote as follows: Humes Yea Seagrist Yea Kiskis Nay Stoner Yea McDermott Yea Whitcomb Nay Miller Yea The motion passed. Discussion and Possible Action to Advertise a Sealed Bid Sale of Several Pieces of Sewer Plant Equipment. Manager Dennis noted that the items for sale would be advertised in the Sentinel Newspaper and the CPWQA newsletter. The bids must be received May 1 st. Councilman Whitcomb made a motion to approve the advertisement of the items from the Wastewater Treatment Plant for Sale. Councilman Stoner seconded the motion, which passed with all in favor. Discussion and Possible Action to Establish the Rental Rate for Residents and Non-residents for Community Garden Plots President Seagrist stated that the EAC is meeting this evening to finalize the guidelines and handbook for the Community Garden. The EAC is requesting that Borough Council approve the plot rental rates so that information can be place on the back of the sewer bill. Councilwoman Kiskis made a motion, second by Councilman Whitcomb, to set the Community Garden annual rental rate for 2012 at $35 for residents and $50 for non-residents. Manager Dennis stated that he is meeting - 6 -

15 with Messiah Village about sponsoring the garden and the open date has been tentatively set for April 28 th. EAC member, Harry Baker, stated that Borough residents can reserve a plot through April 30 th after which non-residents will be allowed to rent any available plots. After discussion the motion passed with all in favor. Approval of Capital, General, Highway, Sewer & Capital Sewer Fund Expenditures through February 29, 2012: Capital: $106, General: $156, Highway: $ Sewer: $47, Capital Sewer: $215, Councilman Whitcomb made a motion to approve the expenditures from February 1, 2012 through February 29, 2012 as stated above. Councilman Stoner seconded the motion and President Seagrist opened the floor for discussion. With no discussion, the motion passed with all in favor. President Seagrist stated that Solicitor Coyne provides himself, as Council President, with a copy of her invoice for billable hours. President Seagrist offered any member of Council that wishes an opportunity to review the bill. CITIZEN COMMENTS Jeff Minter, 410 Darla Road, thanked Borough Manager Dennis and Engineer Barber for all their time and effort to move this process forward. Mr. Minter encouraged Borough Council to keep moving forward with the interceptor pipe project. Mr. Minter reviewed the plan time line moving forward, stating he is confused because he heard Mr. Simpson say he has every intention of construction their portion of the stormwater interceptor pipe, and asked Borough Council how we are going to get to that point. President Seagrist spoke in regard to the Borough s intention to persue this project with the other agencies and hope to move the project forward. Jim Vankirk, 412 Darla Road, questioned what would encourage the School District to approve the LERTA tax abatement. President Seagrist stated that the Borough and Township work cooperatively with the School District on many projects and Borough Council hopes the School District will see the advantages in addressing this issue now to improve the stormwater issues at Elmwood for the future. Forest Baker, 406 Darla Road, expressed his disappointment at the approval of the plan. Manager Dennis stated that he and Engineer Barber are meeting with representatives of the Hess Farm property to discuss an easement for this project. Mr. Baker presented a donation of $100 donation to Washington and Citizen Fire Company for their help in pumping out residents on the Darla Road. Chief Seagrist thanked Mr. Baker for his donation on behalf of the Fire Companies. ANY OTHER BUSINESS Councilman Humes requested Resolutions in memory of Byron Reppert and Sam Black. Assistant Secretary Boyer asked to receive Council comments on the draft of the Newsletter by Thursday. Councilman Miller asked if Chief Spotts and Solicitor Coyne could look at the Borough s oversize vehicle parking regulations. Councilman Miller announced that he invited Congressman Lou Barletta to the Borough s annual Jubilee Day event. Councilman Seagrist asked that discussion on complaints from residents about the Patriot News delivering papers to non-subscribers be added to the next Council agenda

16 Solicitor Coyne stated that she would attend the Planning Commission meeting to help draft the proposed revisions to the Zoning Ordinance. Councilwoman Kiskis stated the newsletter looks great. Councilman Stoner stated there will be a Fire Committee meeting on March 22 nd at 7 PM. Jr. Councilman Boyer updated Borough Council on recent activities at Mechanicsburg High School. President Seagrist noted that Jr. Councilman Boyer writes for the school newspaper, The Torch. RECESS TO EXECUTIVE SESSION At 9:22 PM, President Seagrist recessed the meeting to an Executive Session on a personnel matter with possible action. RECONVENE At 10:25 PM, President Seagrist reconvened the public meeting. Discussion and Possible Action to Have the Solicitor Draft a Modified Offer of Continued Employment for the Borough of Mechanicsburg Police Chief. Councilman Miller made a motion to have Solicitor Coyne draft an offer of employment for the Borough Police Chief. Councilman Stoner seconded the motion which passed with all in favor. ADJOURN Councilman Whitcomb made a motion, second by Councilman Stoner, to adjourn the meeting at 10:30 PM. The motion passed with all in favor. Patrick Dennis Borough Secretary - 8 -