BOROUGH OF CARROLL VALLEY
REGULAR BOROUGH COUNCIL MEETING
TUESDAY, FEBRUARY 15, 2005 - 7:00 P.M.
BOROUGH OFFICE
MINUTES

 

Council President Laura L. Scudder called the meeting to order at 7:00 p.m. She led the Pledge of Allegiance. The attendance was as follows:

BOROUGH COUNCIL MEMBERS	BOROUGH OFFICIALS, ETC
Present
Laura L. Scudder, President Roger W. Butt, Vice President Kristin S. Jones N. Kenneth Lundberg Steven J. Semiatin	James R. Becraft, Mayor Richard L. Hileman, Acting Borough Mgr. Barbara M. Hertz, Borough Secretary Howard Rodriguez, CEO/LDC Thomas R. Campbell, Solicitor
Absent
Raymond F. Rabenold Thomas P. Wolf

 

 

 

 

 

 

 

PUBLIC HEARING

Proposed Ordinance #1-2005 amending Home Occupations. Ms. Scudder stated that the comments from the Adams County Office of Planning and Development were received just prior to the meeting and Council did not have time to review them. The Borough Solicitor had been given the County review and made comments on each of the eight items. The Planning Commission had recommended the proposed ordinance with the limit of eight employees. There was discussion regarding the number of employees that work in the home versus employees who report to a job site, equipment storage and the stockpiling of inventory at the home location. It was pointed out by Mr. Campbell that under the state changes to the Municipalities Planning Code, the home occupations ordinance must allow certain standards by right and the Borough needs to comply with the MPC. After discussion, the Council consensus was the only change to the proposed ordinance would be to remove the reference for the Borough Council to participate in enforcement procedures and Mr. Campbell felt this was not a substantive change requiring re-advertisement.

Mr. Thomas Fitzsimmons, 1 Trout Run Trail, questioned the parking requirements for eight employees and six clients or customers per hour under Home Based Business. Mr. Rodriguez said the homeowners must meet the requirements. Ms. Jones said the eight employees does not apply to working in the home, but limits the number of employees overall. She felt the number of employees could be challenged.

***K. Lundberg moved, R. Butt seconded, that the public hearing be adjourned at 7:25 P.M. The motion was approved unanimously.

CONSIDERATION OF THE MINUTES OF THE JANUARY 11, 2005 REGULAR COUNCIL MEETING

Mr. Semiatin asked for a correction on Page 3, under Committee for Grants, the second sentence; change "May" to "April." 

***R. Butt moved, K. Lundberg seconded, that Council approve the Minutes of the Regular January 11, 2005 with the correction as noted. Motion carried unanimously.

OPEN TO THE PUBLIC

Mr. Michael McDonald, 31 Connie Trail, addressed Council on the history of his voluntary efforts in successfully obtaining state grants for the Borough. He stated the Borough will receive a 1.5 million dollar grant for parks and other projects. He also stated he has been working with the state senator with regard to S.B. 1102. Boroughs like Carroll Valley will be able to apply for grants for sewer and water projects. He mentioned that Ski Liberty has interest in building a walking trail to the Ranch Section. The Borough could receive between five and ten million dollars in state grants.

Mr. McDonald asked Council to recognize the work of the Planning Commission, Sewer & Water Authority, Parks, Recreation and Municipal Service Committee and other committees. He said the Borough will receive all the grant monies because of the volunteer committee members.

Ms. Scudder said the Council does appreciate the efforts of all the volunteers and work of the committees. She thanked Mr. McDonald for his work in the past. All grants on behalf of the Borough have to be coordinated with Steve Semiatin she added.

ORDINANCES AND RESOLUTIONS

Proposed Ordinance #1-05 amending Home Occupations. The following action was taken with consideration to the discussion during the public hearing just held.

***K. Lundberg moved, R. Butt seconded, the Council adopt proposed Ordinance #1-05 amending Home Occupations with the deletion of the reference to Borough Council from the enforcement procedures under No Impact Home-Based Occupations and Home-Based Occupations - Minor Impact as discussed in the public hearing. Motion carried unanimously by roll call vote.

Proposed Ordinance #2-05 amending Soil Erosion and Sedimentation Control Plan.

This ordinance will change the procedure for submission of the Soil Erosion and Sedimentation Control Plan to require approval of the Adams County Conservation District prior to submission to the Borough.

***K. Lundberg moved, K. Jones seconded, that Council adopt proposed Ordinance #2-05 amending Soil Erosion and Sedimentation Control Plan regulations as presented. Motion carried unanimously by roll call vote.

Proposed Ordinance #3-05 setting the Compensation for the Borough Tax Collector for 2006-2009. This ordinance will comply with the state law on establishing the pay for the Tax Collector.

***K. Lundberg moved, R. Butt seconded, that Council adopt proposed Ordinance #3-05 setting the Compensation for the Borough Tax Collector for 2006-2009. Motion carried unanimously by roll call vote.

MAYOR’S REPORT – J. BECRAFT

The Mayor had no report.

PLANNING COMMISSION REPORT – L. SCUDDER

Request to trade lots by Terry Stem ( Lot D-208 for Borough Lot E-103)

Ms. Scudder said the Planning Commission recommends the approval of this trade. Mr. Stem will recombine Lot E-103 with his Lot E-102. He also will grant a right-of-way for a cul-de-sac at the end of Possum Trail.

***R. Butt moved, K. Lundberg seconded, that Council approve the trade of Lot D-208 owned by Terry Stem for Borough Lot E-103 and the right-of-way for a cul-de-sac as presented. Motion carried unanimously.

Donation of Lot P-115 on Finch Trail. The Planning Commission recommends acceptance of the donation for green space since the percolation test failed.

***R. Butt moved, K. Lundberg seconded, that Council deems it to be in the best interest of the Borough to accept the donation of Lot P-115 from Albert and Mary Baker. Motion carried unanimously.

PARKS, RECREATION AND MUNICIPAL SERVICES/ENVIRONMENTAL ADVISORY COMMITTEE REPORT – R. HOLMES

Carroll Valley Parks , Recreation and Open Space Plan Update. Mr. Semiatin had reviewed the plan and felt it still had misinformation and could not be used as a reliable, accurate plan. Mr. Butt felt the Community Relations Committee could not use the plan to report to the public at this time.

Bid Proposal for Snowplowing. Mr. Hileman explained that during an audit the expense for snowplowing during an emergency snow storm was found to not conform to state bidding procedures and the Borough was directed to transfer the funds back into the Liquid Fuels Fund. The Borough Secretary requested a waiver of this finding but has not had a response from PennDOT as yet. This is the reason a bid proposal was advertised to contract for snowplowing, if required. However, no bids were received.

STANDING COMMITTEE REPORTS

Public Safety Committee - T. Wolf, Chairman. There was no report.

Community Relations Committee – R. Butt, Chairman

Mr. Butt reported the Committee is waiting to have information on the state grants and will then present an article for the newsletter.

Ms. Scudder stated the standing committees should have mission statements written now that they are meeting regularly.

Finance Committee – T. Wolf, Chairman

Since Mr. Wolf was recovering from surgery, Mr. Butt gave the report for the Finance Committee. The committee met with the Borough Auditor and recommends the Auditor prepare the DCED Audit Report as required, but not conform to the GASB #34 standards. The GASB #34 matter has been discussed by Council at previous meetings. The audit cost will be reduced by $750. Council consensus was to have the Auditor prepare the DCED Audit Report as discussed.

The Adams County Earned Income Tax Collection Agency is considering merger with the York County Agency. Mr. Butt said the Office Manager and staff would remain. There is a meeting scheduled for February 22nd to decide on this merger.

AD HOC COMMITTEE REPORTS

Committee for Grants - S. Semiatin, Chairman. Mr. Semiatin reported that last month Council acted to remove the land acquisition part of the grant request because the owner of the property has not agreed to sell. It has been officially withdrawn by the Borough he stated and will not change the grant. He is continuing to research various grants for a sewage treatment plant once a decision is made on whether to construct an expansion or new plant.

Mr. Semiatin has discussed obtaining a grant to install speed humps with Ms. Jones. They will present more specific information at a later date. He also is looking into a grant to cover the re-codification of the Borough Codes. Mr. Semiatin will follow-up on the information presented by Mike McDonald.

Mr. Semiatin reported on the sub-committee to review the recreational plan and survey, and how to spend the $223,000 grant from DCNR. He said $25,000 from Rep. Maitland will be used for planning purposes. The committee composed of Rick Hileman, Roger Butt, Laura Scudder, Howard Rodriguez, Tammy Lytle from PRMS, and Mr. Semiatin met on January 21st. He said it was a very productive meeting. The first projects are to upgrade and expand the current pavilion; plan for a new office building; a new pavilion in the Ranch Section with bathrooms, playground, picnic tables, grills and parking. At this point the committee did not envision all the different sports fields said Mr. Semiatin. Mr. Butt provided pictures of three types of pavilions with some recreational facilities, and the cost could be well within the Borough's grant money. Mr. Lundberg said this type of recreational development has always been in the Borough plan.

Committee for Negotiations with Ski Liberty - T. Wolf

There was no report.

Report of Search Committee for Borough Manager - L. Scudder

Ms. Scudder said they are moving along.

Valley Views Newsletter in Emmitsburg Dispatch - L. Scudder

Ms. Scudder said the newsletter has been published twice and the next issue will be in April. She feels this newsletter will require more than one page. The cost is $581 per page. Consensus was to expand to 1 or 2 pages for April if needed.

CONSENT AGENDA

***R. Butt moved, K. Lundberg seconded, that the Consent Agenda items be accepted as presented. Motion carried unanimously.

ADMINISTRATIVE BUSINESS – Acting Borough Manager

Status of Sprinkler Ordinance Challenge. Mr. Campbell stated the challenger has 30 days to file an appeal to the Adams County Court of Common Pleas. H&S Supply has held a workshop for builders, etc. on the sprinkler system they carry.

Update on Sewer Plant Construction. Mr. Hileman said construction is moving along.

PennDOT Easements. Mr. Hileman presented Council with the three easements requested for the bridge construction on Rt. 116. PennDOT will be paying the Borough for easements for the Parcels in the amounts of $1300, $500 and $9300. Mr. Campbell said since this is to convey the easements to the state, advertising is not required.

***R. Butt moved, S. Semiatin seconded, that Council approve granting the easements for Parcels 9, 12 and 13 to PennDOT as presented. Motion carried unanimously.

Friends Creek Bank Stabilization. The Acting Borough Manager presented the background on a 1982 project wherewith the Borough signed an agreement with the state agreeing to maintain the rip rap to protect the stream bank along the property on Toms Creek Trail. In 1997 the owner, Mr. Doyle, agreed to split the cost of some minor repair. After discussion regarding additional repair work the following action was taken.

***R. Butt moved, K. Lundberg seconded, that Council agrees to repair the stream bank by moving the rock that washed out back to the original placement, the cost to be split with Mr. Doyle, and the Borough's share not to exceed $750. Motion carried unanimously. There was discussion on whether the 1982 agreement with DEP is enforceable.

Request for Participation on Steering Committee, Adams County Comprehensive Plan: Phase 1 Transportation Element Update. This is a PennDOT Committee and Chief Hileman was named to represent the Borough.

Fairfield Fire Company Banquet. An invitation was received for a Borough representative to attend the Banquet on March 5. Mr. Butt said he would attend.

Capital Reserve Fund Budget Amendment to Purchase STP Clarifier. Mr. Hileman said during the budget process the purchase was not included even though it had been part of the Capital Reserve Plan. The request for $32,000 was approved by the Finance Committee which includes $27,000 projected cost plus $5,000 for possible additional costs. The Sewer and Water Authority is aware of the repair and recommends it.

***R. Butt moved, K. Jones seconded, that Council approve the budget amendment to expend $32,000 from Capital Reserve Fund for clarifiers as discussed. Motion carried unanimously.

Note about MS Employees. Ms. Marge Cooke, Country Club Trail, sent a note to Council commending Terry Weikert and Jeff Wise for offering her assistance during a recent snow storm. Consensus of Council was to have Mr. Hileman prepare letters regarding this note of appreciation to the two employees. He also said an e-mail was received thanking the Borough for clearing Aspen Trail.

Fish Habitat Structures. Mr. Hileman explained that the former Borough Manager and PRMS Committee contacted the Fish Commission for a permit to construct a fish habitat using old electric poles in Toms Creek at the park. After objections from Ms. Jones and others with regard to the environment and lack of information, consensus was to postpone the project for this year.

SWA Act 537 Plan Financial Analysis. Mr. Hileman said a working group to make a presentation to DEP would consist of Merril Sollenberger of Planning Commission, Mayor James Becraft of the Authority and Finance Committee, and Fred Heerbrant of the Authority. Mr. Semiatin volunteered to be a member of the group. Mayor Becraft said the idea is to have a delegation from Carroll Valley with the Borough Engineer, and invite Rep. Maitland and Sen. Punt or a staff member, and possible Cathy Creswell, to attend a meeting with DEP to discuss the Act 537 Plan options and financial feasibility.

Mr. Hileman advised that a J Section lot owner has contact DEP regarding an extension of the sewer line to his lot which was not to be sewered. The Authority is putting together a response and it will be brought to Council.

Regional EMA. Mr. Hileman has sent a letter to other municipalities regarding a joint EMA with the cost to each being $350 annually.

Public Meeting to Discuss July 4th Celebration. It was announced by Mr. Hileman that a meeting will be held at the Borough office on February 16 at 7 PM to start planning for the all day event. Mr. Semiatin was concerned about the cost to the Borough. He wanted to be sure cleanup, safety and parking are sufficient.

APPOINTMENTS

Ms. Scudder asked if there were any volunteers for the vacancies on the committees. Mr. Rodriguez said Mr. John Ounan, 25 Valley View Trail, has said he is interested in being appointed as alternate on the Zoning Hearing Board since Lawrence Muschamp has been appointed to the Board. It was mentioned that Ed McManness might be interest in appointment to the Sewer and Water Authority.

***R. Butt moved, K. Lundberg seconded, that Council appoint John Ounan to complete the term of Lawrence Muschamp as alternate member on the Zoning Hearing Board. Motion carried unanimously.

UNFINISHED BUSINESS

Mr. Rodriguez said the committee regarding aeration for Lake Kay has meet with Eric Flynn of Ski Liberty. They will be working with the home owners around the lake to discuss the options.

NEW BUSINESS

On behalf of the Carroll Valley Garden Club, Ms. Scudder reported on the landscaping done in the fall. The Borough had donated $300 to the project and she requested a donation of $500 to continue planting for the spring. She said the PRMS Committee recommends approval of the planting. The matter was tabled until the budget is reviewed.

Mr. Thomas Campbell reported he received a telephone call from the attorney for Ed Gray and Terry Weyant on the Carroll Valley Wastewater Systems. DEP said the Borough must be involved as a party to the agreement between the homeowner and the maintenance provider with the Borough being responsible for the oversight of the maintenance. He will provide drafts for the next meeting.

EXECUTIVE SESSION

***R. Butt moved, K. Lundberg seconded, that Council go into Executive Session at 9:25 P.M. to discuss personnel matters. Motion carried unanimously. There was a five minute break.

OPEN SESSION

The meeting was reopened to the public at 9:55 P.M. Ms. Scudder stated Council discussed filling the Borough Manager vacancy.

***R. Butt moved, K. Lundberg seconded, that Council make an offer of the Borough Manager position to the selected candidate, David Hazlett, with a starting annual salary of $58,500. Motion carried unanimously.

Ms. Scudder will prepare the letter to make the offer.

ADJOURNMENT

The meeting was adjourned at 9:59 P.M.

ATTENDANCE REGISTER

The Attendance Register is attached hereto, numbered as Page 8, and made a part of the Official Minutes.

______________________________

Barbara M. Hertz, Borough Secretary