FERGUSON TOWNSHIP BOARD OF SUPERVISORS Regular Meeting Monday, April 17, 2017 7:00 p.m. I. ATTENDANCE The Board of Supervisors held its second regular meeting of the month on Monday, April 17, 2017 at the Ferguson Township Municipal Building. In attendance were: Board: Peter Buckland, Acting Chair Janet Whitaker Laura Dininni Rita Graef Staff: Mark Kunkle, Township Manager Dave Pribulka, Assistant Township Manager Dave Modricker, Director of Public Works Ray Stolinas, Director of Planning & Zoning Diane Conrad, Chief of Police Eric Endresen, Director of Finance Others in attendance included: Daniel Harner, Harner Farms-Whitehall Road; Jeremy Book, Movin On-PSU; Lewis Steinberg, Schlow Centre Region Library; Jeff Bridger, UAJA; Rick Bair, Baker Tilly; Thomas J. Jacobs, VII-4; Walter Schneider, P.E., Director, Centre Region Code Administration; Justin S. Mandel, Director of Business and Real Estate Development, Aspen Hill Partners, LLC, Blair County; Marc McMacker, Nancy Harner, S. Thompson Harner; Faith Norris, Recording Secretary. II. CALL TO ORDER Mr. Buckland called the Monday, April 17, 2017, regular meeting to order at 7:00 pm. III. CITIZENS INPUT Mr. Buckland asked for any items that were not on the agenda. Mr. Buckland recognized Mr. Harner, Harner Farms, Whitehall Road. Mr. Harner updated the Board on the status of the sale of the farm. The plan is to transition production, keep the farm market intact and maintain the market as-is. Mr. Buckland suggested this be an agenda item for discussion. Mr. Kunkle said the first step to proceed with would be to apply for a rezoning application, having equitable interest, for property development due to the property being rural agricultural and any other use in the district would require rezoning. Mr. Book, student at Penn State with Movin On, addressed the Board as a community partner. Movin On is Penn State s music festival. With no questions raised and no other items from citizens, Mr. Buckland moved on to proclamations. IV. PROCLAMATIONS 1. A PROCLAMATION OF THE TOWNSHIP OF FERGUSON, CENTRE COUNTY, PENNSYLVANIA DESIGNATING APRIL 22, 2017 AS THE 21 ST ANNUAL WATERSHED CLEANUP DAY IN CENTRE COUNTY. Ms. Dininni moved to proclaim April 22, 2017 to be the 21 st Annual Watershed Cleanup Day in Centre County. Ms. Graef seconded the motion. The motion passed 4 to 0.
Page 2 2. A PROCLAMATION OF THE TOWNSHIP OF FERGUSON, CENTRE COUNTY, PENNSYLVANIA DESIGNATING APRIL 29, 2017 AS THE FERGUSON TOWNSHIP ARBOR DAY. V. MINUTES Mr. Kunkle noted that it is the second year for the proclamation of Arbor Day. The celebration will be at the Tom Tudek Memorial Park at the Snetsinger Butterfly Garden on April 29 th. The proclamation will be read at noon. Ms. Whitaker moved to approve the designation of April 29 th, 2017, as The Ferguson Township Arbor Day. Ms. Dininni second the motion. The motion passed 4 to 0. Mr. Modricker noted on this day Ferguson Township will be named Tree City USA. 1. Ms. Dininni made a motion to postpone approval of the April 3, 2017, Board of Supervisors Regular Meeting Minutes until the next meeting. Ms. Whitaker seconded the motion. The motion passed 4 to 0. VI. REPORTS 1. ABC REPORTS a. Centre Region Parks and Recreation Authority Sue Mascolo no report. Not present at this meeting. b. Schlow Centre Region Library Lewis Steinberg Mr. Steinberg gave a report on the first three months of 2017. Mr. Steinberg responded to Ms. Whitaker s question on whether the waiver has to be requested yearly because of funding. He responded by saying, traditionally it was not required for years or annually. However, a new state librarian has required the waiver this year. Mr. Buckland asked if there was any motion on the Institute of Museum and Library Services federal budget. Mr. Steinberg said the administration is not supportive of it. Mr. Buckland asked if the library board has approached our congressional representatives and senators. Mr. Steinberg responded by saying there is an Advocacy Committee made up of foundation representatives and the board and has met with Senator Corman on suggestions for state budget and requests consistent with the Governor s efforts for additional funds for reading programs. c. University Area Joint Authority Jeff Bridger Mr. Bridger reported on several including the current utilization of the plant s capacity, Chesapeake Bay nutrient removal, beneficial reuse program, upgrade of the plant, and the installation of solar panels to offset the plant s energy needs. 2. COG COMMITTEE REPORTS a. Human Resources Ms. Whitaker reported there was no meeting on April 5 th and had provided notes in today s meeting packet.
Page 3 b. Parks Capital Ms. Graef reported we met jointly with the Park Authority on April 13th and agenda is provided in the packet. Whitehall Road Regional Park loan update was discussed. On May 11th, Parks Capital and Centre Region Park and Recreation Authority will meet with the Finance Committee to review with the hired consultant to provide options on refinancing that loan to be recommended to subsequent COG meeting. Ms. Dininni asked about the Traffic Impact Study for the park. Mr. Modricker responded that PennDOT is responsible for reviewing, approving, and setting conditions for the study. Ms. Dininni wanted to confirm that the Board is going to get information on Park amenities and discuss prior to the May General Forum. Discussion followed with Ms. Graef. The Board will review the material once all information is received prior to the May 22 nd meeting. Mr. Buckland asked if any significant revisions to the master plan will cause another TIS. Discussion followed. Staff advised that it would be dependent on what the proposed revisions to the master plan would be. Mr. Buckland asked if there have been community contributions. Ms. Graef responded yes, the Parks staff have been meeting with supporting groups that have interest in amenities, i.e., artificial turf or lighting. Mr. Buckland asked that at the May 15 th Board of Supervisors meeting, the Board has a discussion regarding the loan with Fulton Bank which is prior to the General Form joint meeting set for May 22 nd. The options will be discussed at the COG meeting on April 24 th. Ms. Graef noted that she will email the Chair, Mr. Miller, as a separate discussion item for May 15 th. c. Public Services & Environmental Mr. Buckland reported the committee met on Thursday, April 6 th. Mr. Buckland reported on discussions about the AmeriCorps position for a Sustainability Coordinator and the beneficial reuse project at UAJA. d. Public Safety Ms. Dininni reported that the committee met on Tuesday, April 4 th at noon. Reports were received from Emergency Management Medical Services, Centre Life Link, EMS, Mount Nittany Medical Center and Penn State EMS. The Committee received two in-depth Hazmat reports in the Centre region. Ms. Dininni reviewed the Hazmat response process. 3. OTHER NON-COG REGIONAL COMMITTEES Ms. Graef reported that the regional partnership breakfast was held on April 5 th and included cooperative extension specialists across the county and several municipalities were represented. 4. STAFF REPORTS a. Manager s Report Mr. Kunkle and Mr. Pribulka reports on various items including the establishment of Township Parks Committee, Discovery Space activities, and community engagement efforts.
Page 4 This is Mr. Kunkle s last meeting that he will be attending and said his retirement date will be May 26 th. Beginning May 1 st, Mr. Pribulka will be Acting Township Manager. Ms. Dininni asked if the Adopt the Road Program is something the Township does or through the state. Mr. Kunkle responded by saying there are two programs. One through the Township and another through PennDOT. Ms. Dininni asked when the Township will begin preparation of the five-year Capital Improvement Program Plan. Mr. Kunkle responded sometime in May. The Board directed staff to place a discussion item on the May 15 th Regular Meeting agenda about forming a Township Parks Committee. b. Public Works Director Mr. Modricker reported on the review of proposals for a LEED Gold Certified Public Works Maintenance Facility, stormwater fee feasibility study, work with the PSU Sustainability Institute for solar designs at the Township building, and capital projects. Ms. Dininni asked about the red maple trees discussed at the Tree Commission meeting. Mr. Modricker responded by saying the Tree Commission is a forum for citizens looking for tree removal; however, the red maples in question are not likely to be removed. c. Chief of Police Chief Conrad reported on Part I and Part II Crimes, Chief recruitment process, prescription fraud, and Nalaxone (Narcan) utilization. Ms. Whitaker noted the brashness on scam calls that she has received. Chief Conrad noted that police get these calls routinely and they try to run stories to alert the public about the scams and how the scammers go about trying to get private information. Ms. Dininni had follow-up questions that Chief Conrad responded to. d. Planning and Zoning Director Mr. Stolinas reported on the activities of the Planning Commission and the current plans under review by Township staff. Ms. Dininni asked when the Draft Sign and Billboard ordinance will be presented to the Board of Supervisors. Mr. Stolinas responded by saying that at the next Planning meeting it will be recommended to move forward to present to the Board of Supervisors. It was clarified that Tuesday, May 2 nd is the next Board of Supervisors meeting date. It was asked when the Official Map will be presented to the Board from the Planning Commission. Mr. Stolinas responded that May 8 th it will be on the Planning Commission/CRPC agenda in hopes that it will then be presented to the Board of Supervisors. Ms. Dininni asked if there has been a meeting of the TSD Committee. Mr. Stolinas responded that the TSD would be reviewed at the zoning ordinance rewrite. e. March 2017 Treasurer s Report Mr. Kunkle noted the report is included with the agenda packet and if any questions please let him know.
Page 5 VII. OLD BUSINESS 1. A PUBLIC HEARING ON AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 1 ADMINISTRATION AND GOVERNMENT, PART 1 SHORT TITLE AND DEFINITIONS, PART 2 ADMINISTRATIVE GENERAL PROVISIONS, SECTION 204, PART 3, TOWNSHIP ORGANIZATION, SECTION 303 CHART OF GOVERNMENT ORGANIZATION, PART 4 BOARDS AND COMMISSIONS, A. GENERAL PROVISIONS; ADMINISTRATIVE, PART 404 APPOINTMENT, VACANCIES, REMOVAL, COMPENSATION AND TERM OF OFFICE OF MEMBERS REVISING PARAGRAPH 1; 406 MEETING PROCEDURE FOR MEETINGS, REVISING PARAGRAPH 3; B. PLANNING COMMISSION SECTION 413 MEMBERSHIP BY ADDING PARAGRAPH 5; ADDING F. TREE COMMISSION; RENUMBERING G. GENERAL PROVISIONS, SECTION 456 MEETINGS; PROCEDURE FOR MEETINGS REVISING PARAGRAPH 8; PART 6 BOARD OF SUPERVISORS, SECTION 607 CITIZENS RIGHT OT BE HEARD, SECTION 608 RULES OF PROCEDURE REVISING PARAGRAPH 1, SECTION 610 CONDUCT 1.A. CONVICTION OF A FELONY OR CRIME OF MORAL TURPITUDE BY ADDING PARAGRAPH 4, B. FAILURE TO ATTEND THREE CONSECUTIVE MEETINGS BY ADDING PARAGRAPH 3 AND TEXT CORRECTIONS AND IN ADDITION, THIS AMENDING ORDINANCE PROVIDES FOR APPROPRIATE REVISIONS TO MAKE TEXT CHANGES FOR PURPOSES OF BEING GENDER NEUTRAL. Mr. Buckland noted that at the last meeting there was a motion and a second and then moved to amend the motion. The motion is active for discussion and then the Board will move to a roll call vote. Ms. Dininni noted, for record, she is not making a motion and stated it is a mistake for the Board to not insert in the rules and procedures the conditions under which one recuses themselves from voting. ROLL-CALL vote on ordinance #1030 adopting the ordinance amending Chapter 1, Administration and Government: Mr. Buckland YES; Ms. Dininni NO, Ms. Graef YES, Ms. Whitaker - YES. Motion passed 3 to 1. VIII. NEW BUSINESS 1. CONSENT AGENDA Ms. Graef moved that the approve the Consent Agenda as presented. Seconded by Ms. Dininni. Motion passed 4 to 0. a. Award of Contract 2017-C2 Valley Vista Dr./Bachman Ln. Left Turn Lane and Science Park Rd. Right Turn Lane b. Approval of March 2017 Voucher Report 2. PRESENTATION OF THE 2016 AUDIT MR. RICK BAIR, BAKER TILLY Baker Tilly has completed the 2016 Audit and filed with the Pennsylvania Department of Community and Economic Development. Mr. Bair reported on the audit. There were no findings and the Township s fund balance remains strong. Baker Tilly will prepare the Township s Comprehensive Annual Financial Report to be submitted to the GFOA for award consideration.
Page 6 Ms. Dininni moved to accept the 2016 Township audit as presented by Baker Tilly. Ms. Graef seconded the motion. Voice vote: Motion passed 4 to 0. 3. FIRST QUARTER FINANCIAL REPORT PRESENTATION BY MR. ERIC ENDRESEN, DIRECTOR OF FINANCE Mr. Endresen presented the Financial Report as provided in the agenda packet for the 1 st quarter to The Board of Supervisors. The key highlights for the 1 st quarter included a report on cash balances and tax revenue, governmental fund breakdown, 3-year net results of the fund groups, receipts and investments, expenditures over $10K, and staffing changes. Ms. Dininni presented several questions regarding the Financial Report. Mr. Endresen clarified with Ms. Dininni that, regarding transfer tax, commercial sales have a large effect on tax amounts, which would include apartment complexes. Ms. Dininni asked about whether the Township keeps track of land acquisition transferred to state and federal agencies. Mr. Endresen responded by saying we keep track of that history through our vendor accounts but, typically, do not have a specific line item account of it. He suggested the best way to keep track of public land purchases would be fixed assets. Mr. Buckland asked if we can have only a flat income tax. Mr. Kunkle responded yes. 4. VARIANCES/APPEALS THOMAS J. JACOBS, 1362 SCONSETT WAY Mr. Kunkle said a variance application was submitted to allow for an increase in maximum allowable impervious coverage for the property located at 1362 Sconsett Way. The applicant has constructed an estate-style driveway at which has exceeded the maximum allowable impervious area in the R1-B zoning district where the property is located. Mr. Graef moved to remain neutral on the proposed variance. Ms. Dininni seconded the motion. Ms. Dininni amended the motion that the Board of Supervisors oppose the variance. No second. The motion remains on the table. Mr. Jacobs was recognized to review the request on behalf of the applicant. Mr. Buckland asked what are the consequences if the Zoning Hearing Board votes against the property owner. Mr. Kunkle said the property owner would have to reduce the impervious coverage to the maximum allowed. Mr. Buckland moved for the Board of Supervisors to remain neutral on the variance. Motion passed 3 to 1, with Ms. Dininni dissenting. 5. PROPERTY MAINTENANCE CODE AMENDMENTS MR. WALTER SCHNEIDER, P.E., DIRECTOR, CENTRE REGION CODE ADMINISTRATION Mr. Schneider, CRCA Director and the building code official, presented the DRAFT Centre Region Building Safety and Property Maintenance Code for any amendments or deletions prior to preparing the ordinance for adoption. Questions and discussion followed regarding the amended code, and, more specifically, on short-term rentals and residential fires. The Board of Supervisors recommended to postpone authorizing the CRPSPMC for public hearing until further discussion at the next Board of Supervisors meeting on May 2 nd. Noted is the proposed public hearing date of no later than June 5 th.
Page 7 IX. CALENDAR ITEMS APRIL/MAY Mr. Buckland said League of Women Voters is hosting the Candidates Nights for contested seats, Wednesday, April 18 th. Municipal officials school board on April 17 th. On April 18 th is a public deliberation at 6:00 p.m. at the State College Delta Program about reducing violence in America of which Mr. Buckland wrote an opinion on this published in the newspaper. A Community Expo with a number of Ferguson Township and Sustainability projects will be held before the COG meeting from 5:00 7:00 p.m. at the State College Borough Building. X. ADJOURNMENT With no further business to come before the Board of Supervisors, Ms. Dininni motioned to adjourn the meeting. Ms. Graef seconded the motion. Mr. Buckland adjourned the meeting at 10:20 p.m. Respectfully submitted, David G. Pribulka, Acting Township Manager For the Board of Supervisors 05-02-17