Middletown Borough Council Minutes

October 22, 2013

October 22, 2013 Middletown, PA 17057 The October 22, 2013 meeting of the Middletown Borough Council was called to order at 7 p.m. by Council President Christopher R. McNamara. Following the Pledge of Allegiance, and invocation by Councilor Robert Louer, the following Council members answered roll call: Barbara Arnold, Donald Brooks, Robert Louer, Judy Putric, Scott Sites, Sue Sullivan and Christopher R. McNamara. Councilors John Brubaker and David Rhen were absent. Council President McNamara said Councilor Brubaker was ill and Councilor Rhen was traveling for business. Also present were Mayor Robert G. Reid, Solicitor Adam Santucci, Borough Manager Tim Konek and Borough Secretary Chris Courogen. PUBLIC COMMENT Dawn Knull commented on police overtime and weapons readiness concerns. She also commented on the sale of surplus police vehicles. Mike Bowman commented on the severance package given to former Borough human resources director Marcia Cleland. Gordon Einhorn, representing the Greater Middletown Economic Development Corporation, addressed the letter of intent between GMEDC and the Middletown Industrial and Commercial Development Authority saying GMEDC was not delaying, but just had not yet had an opportunity to meet to address the proposal. The Solicitor asked Einhorn if he was speaking as a GMEDC board member or as the organizations attorney. Einhorn said as both. MANAGERS REPORT Manager Konek reported on FEMA recommendations regarding the Federal flood insurance program and gave an update on NIXLE, saying the Internet portion was up and running but the phone part was still waiting for NIXLE to procure the phone number database needed to make it operational. Konek also reported the evaluation of the Klahr Building was ongoing. Following his report, Council President McNamara asked Konek if the Boroughs residents would get lower flood insurance rates if the Borough participated in FEMAs proposed community rating program. Konek said yes. Councilor Brooks made a motion to direct the Manager to proceed with the FEMA community rating program. The motion was seconded by Councilor Putric and approved by a unanimous 7-0 vote. SECRETARYS REPORT

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October 22, 2013

Secretary Courogen reported on correspondence from Earl Bright III thanking the Borough for allowing the school district to use the old electric department garage to decorate floats for the homecoming parade. Councilor Sullivan made a motion the Borough adopt ordinance 1295 of 2013, an ordinance accepting the Borough of Middletown Early Intervention Report and adopting the multi-year plan contained therein. The motion was seconded by Councilor Putric. Councilor Sites asked if citizens can review the plan. Councilor McNamara said yes, it has been available and added that the plan is non-binding in that each recommended step would still require separate approval by Council. Councilor Sites said he has heard numerous reports that citizens made Right-to-Know requests for the report which were denied. Secretary Courogen said the report has been available to the public without the need for any Right-to-Know request since the proposed ordinance was advertised. Additionally, he said he had only received one Right-to-Know request regarding the EIP report. The motion was approved by a 6-1 vote, with Councilor Sites casting the dissenting vote. Following its passage, Mayor Reid announced his intention to veto the ordinance, saying he wanted an independent second opinion on the EIP report. Council President McNamara pointed out the Mayor had previously written a letter to the editor agreeing with the need for the plan. He also pointed out the report has been reviewed not only by the state Department of Community and Economic Development, but also by two Penn State Harrisburg professors, the independent arbitrator who handled the police contract arbitration, and former City of Harrisburg received David Unkovic. A veto could jeopardize the 75-percent state grant which helped pay for the reports development, Council President McNamara said. The mayor said he had changed his mind since writing the letter and that he did not wish to discuss the matter further. Council President McNamara said it was clear the Mayor did not understand the Boroughs structural deficit and the difference between General Fund expenditures and spending money from the restricted, Capital Improvement Fund. He asked the Mayor if he had even read the EIP report. The Mayor refused to answer the question. The Solicitor advised Council it could vote to override the Mayors veto, if it so desired, at its next meeting. Councilor Putric made a motion to approve ordinance 1296 of 2013, an ordinance adopting the Middletown Borough Police Policy and Procedures Manual of October 1, 2013. The motion was seconded by Councilor Brooks. Councilor Sullivan asked if adoption would help the police department towards the goal of accreditation. Mayor Reid said this was one step in the accreditation process.

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October 22, 2013

Councilor Sullivan said adoption would help get the police force in line and would end the used of the outdated manual which was originated in the mid-1980s. Mayor Reid said yes, although the old manual had been amended since it was first adopted, the new policy manual would be an improvement. The motion was approved by a unanimous 7-0 vote. COMMITTEE REPORTS Community Development Councilor Arnold reported on her desire to pursue money from the state to update the four pods in the square to make each one a memorial for a separate branch of the military. Councilor Arnold made a motion for Council to authorize pursuing the funds for the project. The motion was seconded by Councilor Brooks. Councilor Sites asked for clarification that the motion was only to pursue the possible grant money for the project. Councilor Arnold said yes, this was just the first step. The motion was approved by a unanimous 7-0 vote. Public Works Councilor Louer reported he and Councilor Brubaker would be meeting with Lobar to look at needed repairs to the roofs on the Main Street Gym and the MCSO gym. Public Safety Council President McNamara reported the Fire Department has requested $46,000 to purchase a new duty vehicle. The money could come from the Capital Improvement Fund, he said. Councilor Louer made a motion to give the Fire Department the money to purchase the vehicle. It was seconded by Councilor Sullivan and approved by a unanimous 7-0 vote. NEW BUSINESS Council President McNamara reported the Boroughs engineers recommended pursuing PennVest money for water-sewer projects. The money would be part grant, part low interest loan, and would be used for repairs to three wells and other facilities. Councilor Arnold made a motion to authorize the engineers and the Water-Sewer Authority to move forward in pursuit of the PennVest funding. The motion was seconded by Councilor Louer and approved by a unanimous 7-0 vote. Council President McNamara also reported on a request by the Historical Restoration Commission and the Historical Society to purchase a property at 29 East Main Street, which dates back to 1755 and was once deeded to George Fisher, who founded Middletown. The Historical Society would like to turn the building into a museum to display the Boroughs historical artifacts and the Restoration Commission recommends the Borough approve the purchase. Council President McNamara explained the purchase would be made using bond money previously borrowed to fund the Capital Improvements Fund and that failure to expend the money in a timely manner could result in punitive higher interest rates for the Borough due to IRS arbitrage regulations. Council President McNamara said he supported the idea of purchasing the building for historical preservation rather than letting it go on the market and get chunked up into apartments. Councilor Sites asked if the Historical Society folks had been inside the building and if there would be an inspection prior to buying it.

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October 22, 2013

Robin Pellegrini, of the Historical Society said yes to both, and shared the sale flyer for the building. The price would be higher if the building were being sold to anyone other than the historical society, she said, but the owner was willing to accept less to see it preserved. The only bidder at an auction, where it failed to sell, was a developer who wanted to turn it into apartments. The Historical Society has been cataloguing its collection of artifacts and is ready to move into the building if it is approved as a museum location. Councilor Brooks made a motion to authorize using $90,000 from the Capital Improvement Fund to purchase the building. The motion was seconded by Councilor Putric and approved by a unanimous 7-0 vote. EXECUTIVE SESSION At 7:44 p.m., Council recessed to an executive session to discuss matters pertaining to labor negotiations, real estate, potential litigation, and personnel. Council reconvened at 9:27 p.m. Council President McNamara reported several items related to labor relations, real estate and litigation had been discussed. Councilor Brooks moved to authorize the expenditure of $4,800 from the Police Sinking Fund to complete the furnishings at the new police station. The motion was seconded by Councilor Putric and approved by a unanimous 7-0 vote. Councilor Brooks made a motion to adjourn. It was seconded by Councilor Putric and approved by unanimous consent. At 9:29 p.m., the meeting was adjourned.

Borough Secretary