Middletown Borough Council Minutes

February 19, 2013

February 19, 2013 Middletown, PA 17057 The February 19, 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, the following Council members answered roll call: Barbara Arnold, Donald Brooks, John Brubaker, Robert Louer, Christopher R. McNamara, Judy Putric, David Rhen, and Scott Sites. Suzanne Sullivan was absent. Also in attendance were Mayor Robert G. Reid, Borough Manager Tim Konek, and Borough Secretary Chris A. Courogen. PUBLIC COMMENT Jenny Miller commented about a condemned property at the northwest corner of Mattis Avenue and Nissley Street and asked if anything can be done about the property. Kim Flasher suggested the Borough should hold a meet-and-greet with the new police chief for the public to get to meet him and expressed hope the Borough gave him benefits so he will have incentive to stay Council President McNamara said Chief Wheeler is recently retired from the Commonwealth of Pennsylvania and that it will be up to him which standard Borough benefits he wants to accept. MAYORS REPORT Mayor Reid had nothing to report. MANAGERS REPORT Borough Manager Konek reported on the recall of a laid-off Public Works Department employee and the status of the Bunkys building renovation project. SECRETARYS REPORT Borough Secretary Courogen updated Council on the following items: - Efforts to consolidate the Public Works Department employee uniform contracts - Plans to rebrand the Public Works Departments vehicle fleet to remove old department names and replace them with Public Works - Efforts to update the postal bar codes on utility bills - Steps being taken to improve the Boroughs bill printing process - An update on the FEMA/PEMA Hazard Mitigation Grant Program buyouts - Chief Wheelers settling in at the Behney Building - The resignations of Jeff Miller (Borough Authority), Rachelle Reid (Zoning Hearing Board alternate), and Leslie Givler (Borough Authority secretary) - The need for Council action on a Resolution 575 and Ordinance 44 Councilor Brubaker asked about missing spouting and other items that appeared to have been taken from homes in the first round of the HMGP program and the Mayor asked about the timetable for demolition of those homes. Secretary Courogen said the Borough is aware of the spouting issue, that it had been removed by a family member. The demolition project will go to bid as soon as issues are resolved with two properties in the Round 1 projects.

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February 19, 2013

Council President McNamara asked if there was any update on discussions with the Chancellor of Penn State Harrisburg. Secretary Courogen reported he spoke with the Chancellor and was expecting a call from one of the Chancellors staffers about the library. He also reported discussing establishment of an internship program and the Chancellors concern that any internships be set up properly so the students could receive academic credit, rather than just being part-time jobs as had been done in the past. COMMITTEE REPORTS Public Safety Committee Councilor Rhen reported on the need for new IT equipment for the police department. Councilor Rhen then made a motion to purchase six new computers and three new printers for the police department, to be paid for with the Police Sinking Fund. The motion was seconded by Councilor Arnold. During discussion, Mayor Reid asked if there would be enough revenue in the sinking fund to also pay for the new uniforms planned for the police. Councilor Rhen said there would be. Councilor Louer asked how old the current computers being used by the police were. Council President McNamara said he became aware on a recent visit to the current police station that the computers there were very old and needed upgrading. The motion was approved by a unanimous 8-0 vote. Councilor Rhen also reported on Chief Wheelers plans to reduce the current police vehicle fleet, eliminating all but five of the current vehicles. During discussion, the Mayor pointed out Chief Wheeler had identified the need for seven vehicles. Council President McNamara said the five identified to be retained are in addition to the two new vehicles which have been ordered but have not been delivered yet. Councilor Rhen also expressed a desire for Council to get monthly reports going forward. The Mayor said that should go from the chief to the Public Safety Committee. Councilor Rhen also reported on Emergency Management Coordinator Tom Foremans development of contingency plans to move the Emergency Management Command center should Borough Hall suffer a power outage. Administration and Personnel Committee On behalf of Councilor Sullivan, Council President McNamara asked to place Todd Webbs resignation on the agenda for the March regular meeting Labor Relations Subcommittee Councilor Brubaker reported a bargaining session was scheduled for February 20 with the non-uniformed employees union. He also reported an interest arbitration meeting was held with the Police Association on February 7. Public Works Committee Councilor Brubaker reported on Met Eds plans for two borough-wide electric shutoffs to allow installation of new substation equipment.

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February 19, 2013

Councilor Sites pointed out one of the dates proposed was Mothers Day and suggested the Borough ask Met Ed to consider a different date. Council President McNamara said the dates were just proposed and the Borough will need to work out an agreement with Met Ed. Councilor Brubaker also reported a car crash had damaged a Verizon owned utility pole. Verizon would be replacing the pole. Councilor Louer reported on adjustments to the traffic light on West Main Street near Hardees. He also reported the Borough has applied for renewal of its permit for the sewer treatment plant and on efforts to upgrade two-way radio communications for the Public Works Department. Community Development Committee Councilor Arnold reported on receiving a letter from the Middletown and Hummelstown Railroad requesting permission to use Hoffer Park for its Civil War reenactment weekend and asked the matter be placed on the March agenda for approval. The letter also complimented the Boroughs Christmas holiday decorations in the park, which it said riders on its Christmas excursions enjoyed. Finance Committee Councilor Rhen said he would like to explore the possibility of offering more than the current one-time-per-year opportunity for residents to sign up for budget billing plans for utilities. Economic Development Committee Councilor Sites had no report. LIASON REPORTS Olmsted Recreation Board Councilor Rhen reported the rec basketball program is almost at the end of its season and the board is now shifting its focus to the swimming pool. Councilor Louer asked if there was any update on a new rec board director. Councilor Rhen said he had not heard anything new. GMEDC Secretary Courogen reported there has been no communication from GMEDC. NEW BUSINESS Councilor Rhen made a motion to approve Resolution 575 of 2013: A RESOLUTION OF THE BOROUGH OF MIDDLETOWN, DAUPHIN COUNTY, TO FORM THE MIDDLETOWN BOROUGH INDUSTRIAL AND COMMERCIAL DEVELOPMENT AUTHORITY The motion was seconded by Councilor Brooks. Councilor Sites asked who would be the new member appointed to replace a previous nominee who withdrew. Council President McNamara said it would be Laura MacNeil. The motion was approved by a 7-1 vote with Councilor Sites dissenting. Councilor Louer made a motion to advertise Ordinance 1291 of 2013: AN ORDINANCE OF THE BOROUGH OF MIDDLETOWN, DAUPHIN COUNTY, PENNSYLVANIA RELATIVE TO COMPLIANCE WITH ACT 44 OF 2009 AS TO THE BOROUGH PENSION PLANS

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February 19, 2013

The motion was seconded by Councilor Putric and approved by a 7-1 vote with Councilor Sites dissenting. Councilor Brubaker brought up an issue he had found in reviewing Borough documents regarding an apparent conflict between an ordinance exempting the fire company from demand charges on its electric bills and a Council action taken five years after the ordinance had passed, approving the removal of demand meters at the firehouse on Adelia Street. Councilor Brubaker questioned how there could be a meter there to remove if one was prohibited by an ordinance five years earlier. Council President McNamara asked if the earlier ordinance had been amended. Councilor Brubaker said he could not find any amendments and asked if staff could look into if demand meters had been put in place at the firehouse, if so, when and by whom. Council President McNamara directed the Borough Manager to look into the matter. Councilor Brubaker asked what the status is of the Electric Rate Stabilization Trust Fund lawsuit. Council President McNamara said because it was a matter of litigation, it could not be discussed publicly and asked for a motion to adjourn to executive session. Following a motion by Councilor Brubaker, which was seconded by Councilor Rhen and approved by unanimous consent, Council adjourned to executive session at 7:50 p.m. At 8:12 p.m., Council reconvened, with Council President McNamara announcing the trust lawsuit was discussed in the executive session. Council President McNamara gave an overview of how the trust was set up and of the issues involved. Councilor Brooks then made a motion to authorize the Boroughs special counsel, Eckard Seamans, file court documents pertaining to the trust. The motion was seconded by Councilor Rhen and approved by a 7-1 vote, with Councilor Sites dissenting. Council President McNamara also reported the Borough has received approximately 35 applications for the part-time police officer positions Council has authorized. In discussion with Mayor Reid, it was decided the applications should be forwarded to Chief Wheeler, who will review them with the Mayor and the Public Safety Committee. Council President McNamara also shared publicly a 2006 management letter written as part of the audit for that year by the Boroughs then auditors. The letter talked about how disorganized the former finance directors office was and criticized policies and procedures in the finance department. Council President McNamara also spoke about the Borough Authority and the decision of the Authority to hire the same engineering and law firms as the Borough to allow a one team-one fight approach to solving the Boroughs significant infiltration and inflow problems with the sanitary sewer system. Much of the problem, which has caused the sewer treatment plant to run above capacity during significant rainfall events, is believed to be due to old brick pipes under much of Union Street, which are likely to be leaking. Hiring the same law firm required the Borough and the Authority to both sign a consent form, Council President McNamara explained.

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February 19, 2013

Councilor Louer made a motion to approve signing the consent form. It was seconded by Councilor Arnold and approved by a 7-1 vote, with Councilor Sites dissenting. Council President McNamara also reported the Borough is working with Exelon to reduce the wholesale cost of electricity to the Borough. The contract with Exelon, which begins this year, was approved two years before the old contract with AMP Ohio expired, at rates well above what they are currently. The current rate can be reset to 10.6 centers per kilowatt hour for residential customers and 9.6 cents per kwh for commercial customers, who will still pay additional demand charges, Council President McNamara reported. The rate from the final month of the AMP contract was 12.6 cents. It is possible ongoing talks could reduce that further. Councilor Arnold made a motion to direct the Solicitor to prepare an ordinance implementing the new, lower rates. It was seconded by Councilor Rhen and approved by a 7-1 vote, with Councilor Sites dissenting. Council President McNamara also brought up a pair of utility bills brought to his attention by a resident which appear to have billed the resident twice for electric, once on a standalone bill and again on a combination water and electric bill. He referred the bill to the Borough Manager to look into. Council President McNamara then asked the Borough Manager for an update on the Boroughs IT situation. Manager Konek reported the Boroughs IT provider is designing a new platform to give the Borough an up to date network. Council President McNamara asked Council if they felt they should act on requesting a grant for IT support under the next phase of the states Early Intervention program. Councilor Rhen suggested IT was a bigger problem than human resources, an area the Borough has also considered applying for assistance with. Councilor Arnold asked if the Borough could apply for both IT and HR assistance. Council President McNamara said because of the way the EIP program works in stages, Council would have to choose one or the other. Councilor Brooks made a motion to direct the Borough Manager to execute the paperwork to request IT support under the next stage of the EIP program. The motion was seconded by Councilor Putric and approved by a 7-1 vote, with Councilor Sites dissenting. Councilor Louer moved to adjourn. Councilor Arnold seconded the motion. It was approved by unanimous consent and Council adjourned at 8:35 p.m.

Borough Secretary