BOROUGH OF CARROLL VALLEY
REGULAR BOROUGH COUNCIL MEETING
TUESDAY, MAY 10, 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 Raymond F. Rabenold Steven J. Semiatin Thomas P. Wolf	James R. Becraft, Mayor David A. Hazlett, Borough Manager Barbara M. Hertz, Borough Secretary Howard Rodriguez, CEO/LDC Richard L. Hileman, Police Chief Thomas R. Campbell, Solicitor
Absent
Kristin S. Jones N. Kenneth Lundberg

 

 

 

 

 

 

 

 

***R. Butt moved, R. Rabenold seconded, that Council amend the agenda to go into an Executive Session between items 13 and 14. Motion carried unanimously.

CONSIDERATION OF THE MINUTES OF THE APRIL 12, 2005 REGULAR COUNCIL MEETING

***R. Butt moved, S. Semiatin seconded, that Council approve the minutes of the April 12, 2005 Regular Council Meeting as presented. Motion carried unanimously.

OPEN TO THE PUBLIC

No one wished to address Council at this time.

ORDINANCES AND RESOLUTIONS

Proposed Ordinance #4-2005 authorizing Borough to Enter into an Inter-municipal Agreement Creating a shared Adams County UCC Board of Appeals.

The Borough Solicitor asked Council to approve a change to the Inter-municipal Agreement, Article VIII, paragraph 2, replace the word “proportionate” to “equal” since it was not clear as to what proportionate related to in the municipalities.

***S. Semiatin moved, R. Butt seconded, that Council approve proposed Ordinance #4-2005 as presented and the Inter-municipal Agreement as amended. Motion carried unanimously.

Proposed Ordinance #5-2005 amending Chapter 18 to include Non-Sewered Toilet Systems.

Ms. Scudder stated this amendment will clarify the requirement for portable toilets at building construction sites.

***S. Semiatin moved, R. Rabenold seconded, that Council approve proposed Ordinance #5-2005 as presented. Motion carried unanimously.

Proposed Resolution #6-2005 authorizing the Disposal of Records.

Ms. Scudder said this is an annual approval for disposing of records.

***R. Butt moved, R. Rabenold seconded, that Council approve proposed Resolution #6-2005 authorizing the disposal of records as presented. Motion carried unanimously.

MAYOR’S REPORT – J. BECRAFT

Police Chief Report. Chief Hileman wanted to inform Council of the Civil Service Commission progress on a list of eligible candidates to fill the full-time officer position. After testing and the qualification process, one candidate succeeded, current part-time officer Ryan Eiker who has accepted a position with Gettysburg Borough and is no longer interested. He also reported that Cpl. Powers has been activated for one month of military training. Chief Hileman is trying to fill the part-time position being vacated by Officer Eiker. The civil service process will need to begin again for the full-time position. There was some discussion on providing coverage and cooperation with other municipal police during this time.

Adams County Boroughs Association Meeting on May 16. Mayor Becraft reminded Council of the meeting and the need to call in reservations.

Election Day. The Mayor reminded everyone of the primary election on May 17.

PLANNING COMMISSION REPORT – L. SCUDDER

Donation of Lot I-92 by Charles Moomey. Ms. Scudder reported the Planning Commission recommends accepting the lot for green space and stormwater management.

***R. Butt moved, R. Rabenold seconded, that Council deems it in the best interest of the Borough to accept the donation of Lot I-92 from Charles Moomey. Motion carried unanimously.

Status of The Crest Final Development Plan for Phase 1 and 2. Mr. Rodriguez reported that the 90-day extension for review has been accepted by the developer.

Regional Joint Planning Committee Report. Ms. Scudder circulated a letter to be sent to the County Commissioners and reported on the committee meeting. She is organizing another meeting for next month. Ms. Scudder said it will cost a small amount in next year’s budget. Mr. Wolf suggested Freedom Township and Gettysburg Borough be invited to the regional planning meeting. Consensus was that Council approves of the drafted letter and proceeding with the regional planning.

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

Award of Contracts for Road Materials. A bid tabulation was presented to Council. The Borough Manager explained that the bids are based on unit price for the amount ordered and not the total of all quantities. Mayor Becraft said he asked for clarification on this point since the bid totals did not match the budget expenditures. The bids were reviewed by Mr. Hazlett and his recommendation was to accept the lowest bids.

***R. Butt moved, R. Rabenold seconded, that Council accept the lowest responsible bids by Valley Quarries, Inc. for aggregate, Hammaker East Ltd. for road oils, and Shipley Energy for fuel oils. Motion carried unanimously.

Advertisement for Bids for Paving Materials. The advertisement to accept bids for bituminous paving materials was circulated.

***R. Butt moved, S. Semiatin seconded, that Council approve advertising for bids as presented. Motion carried unanimously.

Long-Term Tree Planting Program – Request for initial funding. Mr. Hazlett said the Committee has requested expenditure of approximately $120 to start a tree sapling program where new trees would be planted into barrel containers. There was discussion regarding a budget expenditure for such a program in relation to possible grant funds for tree planting. Mr. Wolf objected to the request’s not being presented to the Finance Committee. Mayor Becraft felt there is sufficient money in the budget for this expense and the Borough Manager agreed.

Request to Purchase Trees for Screening at MS Building. This request would be to plant 10 Leyland Cypress trees at a cost of $320.00.

***S. Semiatin moved, R. Rabenold seconded, that Council approve the expenditure of $440 for the barrel/compost sapling program and the ten screening trees as requested. Motion carried with Mr. Butt and Mr. Wolf voting nay.

2005 Road Program. The Borough Manager handed out a revision of the program which went to Council in the meeting packets because there were some mathematical errors. The program was not changed. Mayor Becraft said the budget and the proposed program were different because it has been requested that construction funding be held over to next year with expectation that a larger project and early bidding would cost less.

Mayor Becraft questioned General Fund money being held over. Mr. Hazlett advised that the General Fund budget be used and the Liquid Fuels monies be carried over to 2006. The Mayor suggested the Finance Committee review the information and if $18,500 in the General Fund budget is not used for the road program it could be used for speed humps. There will be discussion regarding the budget at a later date.

***R. Butt moved, R. Rabenold seconded, that Council approve the 2005 Road Program Categories A – L as presented. Motion carried unanimously.

STANDING COMMITTEE REPORTS

Public Safety Committee - T. Wolf, Chairman.

There was no report.

Community Relations Committee – R. Butt, Chairman

Mr. Butt said they have not met since the last Council meeting.

Finance Committee – T. Wolf, Chairman

Feasibility Plan for Design of an Office Building. Mr. Wolf reported that the Borough Manager received cost figures from three engineers. Mr. Hazlett reported on the proposals received. The lowest proposal in the amount of $7,000 came from Dennis E. Black Engineering of Chambersburg, with Richard Ross as Architect.

***R. Rabenold moved, R. Butt seconded, that Council accept the proposal of Dennis E. Black Engineering not to exceed $7,000, which was the best bid. Motion carried unanimously.

Mr. Semiatin stated this expenditure can be reimbursed by a grant from Rep. Maitland.

2006 Budget Calendar. Mr. Wolf said the Finance Committee recommends accepting the budget time line prepared by the Borough Manager. Consensus was to accept the Budget Calendar as presented.

AD HOC COMMITTEE REPORTS

Committee for Grants - S. Semiatin, Chairman.

Mr. Semiatin said he has met with Ms. Jones to apply for a grant for speed humps.

Mr. Semiatin met with Lonnie Whitcomb of Ski Liberty regarding a hiking/biking trail from Lake Kay to the Borough office grounds. Ski Liberty is happy to help. It may require a 5’ width in the right-of-way along Rt. 116. This will be discussed later.

There has been no further information received from DCNR regarding the grant, but the Borough Manager will contact them for an update.

Mr. Semiatin reported on the meeting of Borough officials with DEP regarding the Act 537 Plan and possibility of grant funds for a new sewage plant. Since DEP felt the Borough would be better off applying for a loan, Mr. Semiatin said the committee could look into other grant sources.

Committee for Negotiations with Ski Liberty - T. Wolf

Mr. Wolf reported that for over a year the Borough has been negotiating with Ski Liberty for joint projects and/or cash amounts. He and Eric Flynn, General Manager of Ski Liberty, who was present, have a proposed Article of Agreement. The terms of the agreement are that Ski Liberty will make a first annual contribution of $25,000 with an increase in following years of ½ the Federal Cost of Living Index for 50 years; and the Borough gives them the right to withdraw water from Lake Kay within an acceptable level. Mr. Wolf thanked Mr. Flynn and the corporation for the cooperation in this matter. He said the Committee on Negotiations and the Finance Committee both recommend approval of this Article of Agreement. Ms. Scudder noted the lake is silting up and asked how critical to Ski Liberty’s operation is the water. Mr. Flynn said they do not draw from the lake every year. The agreement has been reviewed by the Solicitor.

***R. Butt moved, S. Semiatin seconded, that Council approve the Article of Agreement with Ski Liberty with correction of some minor errors. Motion carried unanimously.

Ms. Scudder thanked Mr. Flynn for all the cooperation in the past. Mr. Campbell will check into the law regarding payments in lieu of taxes and also if the Resolution from 1992 will need to be repealed.

***T. Wolf moved, R. Butt seconded, that the Council President be authorized to sign the agreement after final review by the Solicitor. Motion carried unanimously.

Committee for Special Compensation – L. Scudder, Chairman

Ms. Scudder reported that the Committee recommends special compensation for employees during the period of the Manager search. Mr. Wolf said the Finance Committee budgeted $6,900 for special awards for the extra work by the employees.

Ms. Scudder listed the following: Richard Hileman, $3,000; Barbara Hertz, $1,250; Howard Rodriguez, $500; JoAnn Myers, $500; Barbara Jestes, $500; and Gayle Marthers, $250. Mr. Wolf expressed that the awards were along with Council’s thanks.

***R. Butt moved, T. Wolf seconded, that Council approve the award of special compensation to Borough employees as presented totaling $6,000. Motion carried unanimously.

CONSENT AGENDA

Mr. Semiatin asked that the Police Report be removed from the Consent Agenda and Mr. Wolf asked that the List of Checks be removed.

***R. Butt moved, T. Wolf seconded, that the Council approve the remaining items on the Consent Agenda. Motion carried unanimously.

Mr. Semiatin questioned the number of calls from the Ranch Section and the Chief said the numbers change but the Ranch Section is the largest area. Mr. Semiatin asked for exact locations of calls and was told that the Police Department is planning to soon go to other software which may provide additional information. Mr. Wolf had some questions regarding checks which were answered. He also pointed out that the Borough Manager had Adelphia agree not to bill the Borough for internet service.

***T. Wolf moved, R. Butt seconded, that Council approve the Police Report and the List of Checks as presented. Motion carried unanimously.

ADMINISTRATIVE BUSINESS – Borough Manager

2006 Budget Timeline. Mr. Hazlett prepared a timeline for the budget which was reviewed and recommended by the Finance Committee. Copies were provided to members of Council and the Mayor.

Weyant Sewer Planning Module – Resolution #7-2005. Mr. Rodriguez explained DEP requires a planning module approval for transferring the permit and responsibility for the Terry Weyant on-site system from the Borough to him. Mr. Campbell reported that he had reviewed the module and this is what DEP has requested.

*** T. Wolf moved, R. Butt seconded, that Council approves proposed Resolution #7-2005, Resolution for Plan Revision for New Land Development, regarding the Terry Weyant property at 758 Country Club Trail, as presented. Motion carried unanimously.

Monocacy River Storm Water Management Plan Update. Mr. Rodriguez had reviewed the ordinance changes and prepared comments to the Adams County Office of Planning and Development which were circulated. Consensus was to approve sending the comments made by Mr. Rodriguez to the County Planner.

SR116 Bridge Replacement Update (Toms Creek). Mr. Rodriguez reported on the progress indicating the award of the contract is scheduled for July 21 with construction to begin in September.

Adams County Earned Income Tax Collection Agency Merger. Mr. Butt who represents the Borough on the Executive Committee reported on the proposed merger with the York Area Tax Bureau and the ballot to be returned by May 31. Mr. Butt said if it passes there would be no commission charge and allocations will be made every two months. Mr. Butt asked that a Council member volunteer to serve on the merger committee.

***T. Wolf moved, R. Butt seconded, that Council approve the ballot to accept the merger and participate in the collection procedure. Motion carried unanimously.

For Your Information Memo from the Borough Manager. The items listed on the memo were: Sewer Plant Construction – the construction is basically finished and one problem with equipment has been taken care of by the manufacturer; July 4th Celebration – the committee is still meeting regarding fundraising and planning; Lake Kay – Mr. Hazlett is working with Eric Flynn and the aeration equipment probably will not be installed until next spring; Public Acknowledgement of Donations to the Borough for Park Plants – Mr. Hazlett discussed this with the auditor who felt information should be disclosed in a Council meeting with regard to the donor, amount, and purpose.

Mr. Wolf informed Council that in the last month he and Mr. Gordon Lamb both donated $100 to the Borough to be used for the beautification project in the park.

Adelphia Cable. Mr. Hazlett has started preliminary talks with Adelphia regarding the franchise contract. He said it looks like the company will be sold, however, the Solicitor has reviewed a temporary month by month agreement until a contract can be executed. The Mayor said the Finance Committee reviewed the contract and Mr. Wolf had suggested a change to some wording that the rates would not increase during the time of the extension contract. This matter will be discussed further at the next meeting.

Mr. Hazlett received a letter from a resident regarding services provided by Chief Hileman after the resident went into a diabetic coma. Mr. Hazlett felt Chief Hileman should be commended for this response and Council agreed.

COMMITTEE APPOINTMENTS

Planning Commission. Ms. Scudder said the Planning Commission recommends the appointment of Ronald V. Bell to a four-year term expiring 12/31/08. Mr. Bell’s questionnaire was circulated to Council.

***R. Butt moved, R. Rabenold seconded, that Council appoint Ronald V. Bell to the Planning Commission to a four-year term to expire 12/31/08. Motion carried unanimously.

UNFINISHED BUSINESS

Mr. Semiatin asked if the Borough is an additional insured on the Fairfield Football Policy. The Borough Manager said it was checked and the Borough is added.

Mr. Semiatin asked Council to install one experimental speed hump which was estimated at approximately $2,100 not counting labor costs. Chief Hileman said he is borrowing a traffic counter to see where traffic is heaviest, speeds, etc. Mr. Semiatin wanted this program before a child is hurt or killed.

***S. Semiatin moved Council authorize the expenditure of up to $3,000 maximum for one temporary experimental speed hump to be at a location where it is most appropriate.

There was no second.

Mr. Wolf suggested Council send a letter to the Ski Liberty Corporation expressing gratitude for the annual contribution.

A resolution stating appreciation to employees receiving bonuses will come before Council at the next meeting said Ms. Scudder.

Ms. Scudder asked that residents support the Borough softball team and Mayor on July 4th when there will be a game between the Borough team and a fire company team.

EXECUTIVE SESSION

***R. Butt moved, R. Rabenold seconded, that Council go into an Executive Session at 9:15 PM to discuss the sale of real estate. Motion carried unanimously.

OPEN SESSION

Ms. Scudder reopened the meeting at 9:18 PM. She said during the Executive Session Council discussed the procedure for sale of Borough Lot P-84.

***R. Butt moved, R. Rabenold seconded, that Council will follow the policy for advertising Lot P-84 to adjoining property owners who must officially recombine with the lot if they have the best responsible bid, and that the minimum bid accepted will be $8,000, the amount of the appraisal. Motion carried unanimously.

ADJOURNMENT

he meeting was adjourned at 9:20 P.M.

ATTENDANCE REGISTER

The Attendance Register for this meeting is attached, numbered as Page 9 and made a part of the Official Minutes.

______________________________

Barbara M. Hertz, Borough Secretary