Newville Borough Council

NEWVILLE BOROUGH COUNCIL

REGULAR MONTHLY MEETING

JULY 26, 2016 at 7:00PM

The regular monthly meeting of the Newville Borough Council was held on Tuesday, July 26, 2016 at 7:00PM at the Friendship Hose Company, 15 East Big Spring Avenue, Newville, Pennsylvania. The meeting was called to order at 7:00PM by Vice President Edward Sinkovitz. The invocation was offered by Council member Joey Diehl, followed by the Pledge of Allegiance. On roll call, the following members were present: Becky Barrick, Joey Diehl, Glenn Harry, Dale Jumper, and Edward Sinkovitz. Clarence Fry was absent. Also present were: Solicitor Marcus A. McKnight, III, Police Chief Todd Koser, Code Enforcement Officer Tim Wolfe, Fire Chief Bradly Stouffer, Officer Jarreau Dodson, Officer Wyatt Wagner, Police Clerk Vicky Negley.

Visitors included: Spencer Dearth, Dave Licht, Edward Sutton, Richard Stover, David Vrona, Tim Timek, Troy Eliajj, Bill Straub, Anthony Vivian, Brett and Denise Wagner, Doug and Cathy Long, David Dunkelberger, Troy Wiser, Ronald Stum, Gail Wolfe, Mary Wittlinger, Steve Salisbury, Robert Barrick, Kristi Keebaugh, Chief Randy Finkey, retired, Anne Kaiser, Lucy Jansema, Cary Meals, Wanda Barnhart, Susan Wesner, Donna Hockenberry, Ben & Michelle Dunkelberger, Gretchen McCarren, Sue Drawbaugh, Dovelle and Ann Smith, Mike Albright, Robin and Clyde Lebo, Sharon Keebaugh, David Keebaugh, William Toth, Todd Johnson, Jeff Bouder, David Rodgers, Wyatt Wagner, Joseph Yorletts, Pam Yorletts, Sharpe Over, Robert Over, Kendra Shaffer, Natalie Hutchinson, Allison Hutchinson, Ronald Hutchinson, Jerry Staciak, Doug Kerstetter, Kristin Stouffer, Wade Bear, Kathy Darius, Robert Darius, Albert Adams, Joel Griffie, Shawn Harrison, Ron Hoover, E. Andrew Barnes, Bill Rhoads, Randy Chestnut, Mark Cicak, Gordon Nenniger, Calvin Roth, Debra Johnson. News media present: Curtis Garland for the Valley Times Star.

Vice President Sinkovitz announced that the business portion of the agenda will be taken first, followed by citizen comments. There will be time allotted for all citizens to speak.

Minutes: The minutes of the June 28, 2016 regular monthly meeting were approved on a motion of Mrs. Diehl, seconded by Mr. Harry. Motion was passed with five (5) affirmative and zero (0) negative votes.

Finances: The list of bills was approved for payment on a motion of Mr. Harry, seconded by Mr. Jumper. Mrs. Diehl questioned the invoice or Irwin and McKnight. Specifically two entries regarding an office meeting with Mr. Fry, and a telephone call by Mr. McKnight to Mr. Fry. Mrs. Diehl stated these events took place during contract negotiations, when Mr. McKnight was not a member of the negotiation committee. Mr. McKnight responded that while he was a member of the borough negotiating team, he provided administrative help by responding to administrative questions, preparing minutes and the borough’s response to contract offers. Mr. Fry was authorized by the committee to work with Mr. McKnight. Mr. McKnight further explained this was an effort to save money for the borough. Mrs. Diehl asked about the status of the USDA loan closing. Mr. McKnight stated he asked Mr. Potzer to look into whether or not the loan required DCED approval pursuant to the Unit Debt Act. Mr. McKnight stated a closing will be scheduled once the Unit Debt Act question has been resolved. Mr. McKnight stated he has also been working on a police pension ordinance, and a trail agreement for the new bridge. Motion was passed with five (5) affirmative and zero (0) negative votes.

The Treasurer’s Report was approved on a motion of Mrs. Diehl, seconded by Mr. Jumper. Motion was passed with five (5) affirmative and zero (0) negative votes.

Highway Aid bills – there were no Highway Aid bills submitted for payment.

Reports:

-Police: The report of Chief Koser was accepted as presented.

-Fire: The report of Chief Stouffer was accepted as presented.

-Mayor Toth: The report of Mayor Toth was accepted as presented.

-Emergency Management Coordinator: No report.

-Chief Plants Operator: The report of Mr. Lehman was accepted as presented.

-Zoning Officer: The report of Mr. Potzer was accepted as presented.

-Code Enforcement Officers: The reports of the Code Enforcement Officers were

accepted as presented.

-Water and Sewer Field Operations: The report of Mr. Zeigler was accepted as

presented.

-Street Superintendent: The report of Mr. Handshew was accepted as presented.

-WCCOG: No report.

-WEMA: No report.

-Newville Beautification Commission: The report was accepted as presented.

Legal Matters: Solicitor McKnight announced a public hearing for Ordinance 2016-03. There were no comments. A motion was made by Mr. Harry, seconded by Mr. Jumper to approve the adoption of Ordinance 2016-03, “An Ordinance of the Borough of Newville, Cumberland County, Pennsylvania to amend the zoning map of the Borough of Newville by changing the district classification of certain properties in the medium density residential district to a village classification.” Motion was passed with five (5) affirmative, and zero (0) negative votes.

Solicitor McKnight announced a public hearing for Ordinance 2016-04. There were no comments. A motion was made by Mrs. Diehl, seconded by Ms. Barrick to approve the adoption of Ordinance 2016-04, “An Ordinance of the Borough of Newville, Cumberland County, Pennsylvania establishing regulations for transient retailers operating within the Borough of Newville, providing requirements for licensing, establishing hours for operation and setting a license fee.” Motion was passed with five (5) affirmative, and zero (0) negative votes.

Borough Solicitor’s Report: No report.

Committee Reports:

-Finance: No report.

-Community and Economic Development: Ms. Barrick reported the committee met on July 11, 2016. Members discussed a possible ballot question to allow for the issuance of certain types of liquor licenses in the borough. Several letters were sent to local businesses to seek funding assistance for the borough share of the traffic signal grant. Letters were mailed to Valley Quarries, Pennsy Supply, Family Dollar, Dollar General and the Cumberland County Landfill.

James Shuster has offered to assist the borough in developing a non-profit organization that would focus on housing acquisition and rehabilitation. The non-profit may help to provide funding for other public improvement projects. A motion was made by Ms. Barrick, seconded by Mr. Harry to authorize the borough manager to submit an application to the USDA for supplemental funding for the traffic signal project. Motion was passed with five (5) affirmative, and zero (0) negative votes.

-Personnel: Mr. Harry had no report.

-Public Safety: Mrs. Diehl reported that 11 responses to the parking survey had been received so far. The July 25, 2016 of the public safety committee was canceled. Several residents were present to discuss the parking situation on N. High Street. Natalie Hutchison asked if the borough could provide another area to park. She suggested opening the alleys to provide access to rear yards. Anne Smith presented a mirror from her car that was damaged. She has replaced five such mirrors in recent years. All at her own cost. Mrs. Smith asked for the borough to provide alternate parking at an off-street location. She also suggested a stop intersection at Green Street and North High Street. Todd Johnson stated he was investigating the feasibility of opening a driveway to his property. He asked if an allowance could be made to allow vehicles to temporarily park on the curb, until a solution may be found. Chief Koser stated council had directed no parking be permitted on curbs or sidewalks. He also cited ADA requirements for sidewalks, and noted that when vehicles park on the sidewalk, it restricts pedestrian access. Steve Wiser suggested that traveling on North High Street, and many other streets of the borough requires common courtesy. A motion was made by Mrs. Diehl, seconded by Ms. Barrick to approve a request to the Pennsylvania Department of Transportation to establish a multi-way stop intersection at Steelstown Road (Green Street) and North High Street. Motion was passed with five (5) affirmative, and zero (0) negative votes.

-Recreation: Mr. Sinkovitz stated he is working on a community fellowship night for September 4, 2016 from 4PM to 6PM at the Community Park. A request was received from the Friendship Hose Company to reserve the basketball courts for a 3 on 3 basketball tournament between the local fire companies. A motion was made by Ms. Barrick, seconded by Mr. Harry to approve holding community fellowship night on September 4, 2016 from 4PM to 6PM, at the Newville Community Park. Motion was passed with five (5) affirmative, and zero (0) negative votes. A motion was made by Mr. Harry, seconded by Mr. Jumper to approve the request of the Friendship Hose Company to reserve the basketball courts on September 17, 2016 and September 24, 2016, for a tournament. Motion was passed with five (5) affirmative, and zero (0) negative votes.

Old Business: A motion was made by Ms. Barrick, seconded by Mr. Harry to approve the submission of a $175,000 HOMES Grant application to the Cumberland County Redevelopment Authority. Motion was passed with five (5) affirmative, and zero (0) negative votes.

A motion was made by Mr. Harry, seconded by Mr. Jumper to submit two separate applications for CDBG funding to the Cumberland County Redevelopment Authority as follows: street resurfacing $50,000 and code enforcement $14,000. Motion was passed with five (5) affirmative, and zero (0) negative votes.

New Business: A motion was made by Mrs. Diehl, seconded by Ms. Barrick to approve a request of Movement Outreach and the Family Christian Center to provide a community movie night at the Newville Community Park on the following dates and times: July 29, 2016 at 8:00PM, August 19, 2016 at 8:00PM. September 2, 2016 at 8:00PM, September 16, 2016 at 8:00PM and October 14, 2016 at 8:00PM. Motion was passed with five (5) affirmative, and zero (0) negative votes.

Correspondence: A request was received from Mindy Beidel to hold a pet walk-a-thon to benefit the CVRTC on a Saturday in September or October, to be announced, from 9AM to 1PM. A motion was made by Mrs. Diehl, seconded by Mr. Jumper to approve this request. Motion was passed with five (5) affirmative, and zero (0) negative votes.

A letter of resignation was received from Jefferson Gurganious, a public works department employee who will be resigning to accept full time employment elsewhere on August 12, 2016. Mr. Gurganious would like to remain on the part time roster to assist at water leaks and with snow removal. A motion was made by Mrs. Diehl, seconded by Mr. Harry to accept the resignation with regret. Motion was passed with five (5) affirmative, and zero (0) negative votes.

Citizen Comments: Mr. Sinkovitz opened the floor to public comments. Mrs. Diehl asked to go first.

Joey Diehl stated she was a member of the police contract committee. She stated this committee worked very hard to reach a contract acceptable to all parties. Mrs. Diehl apologized for her vote of July 19, 2016 to Mr. Sutton, Business Agent for Teamsters Local 776, to Chief Koser, Officers Wagner, Dodson, Hoover and Wambold, and the Borough Manager. She also apologized to the citizens who requested answers regarding the lay-off of Officer Wagner. She explained she had voted yes to lay-off Officer Wagner only to save the police contract. There was a possibility the contract would not have been approved, and the borough would have faced arbitration. Following the council meeting on July 19th, Mrs. Diehl walked throughout the borough and reflected on many positive memories of the community. At one point she came upon Officer Dodson who had stopped two juveniles. He was speaking to the youths about the importance of respect. Mrs. Diehl was moved by his remarks. She indicated she would like to see Newville return to a time when the community was respected, and everyone felt good about Newville. Mrs. Diehl then made a motion to reinstate Office Wagner to full time status. Mr. Sinkovitz then began to poll the council members beginning with Mr. Harry. Mr. Harry suggested an Executive Session was in order. Members of the audience openly protested the Executive Session.

Mayor Toth, who was seated in the audience then rose to address the council. Mayor Toth stated council has taken deliberate action to alienate themselves from the Mayor and the Police Department. Reading from the Mayor’s Manual and Borough Code, Mayor Toth stated it was his right to attend all public meetings, including Executive Sessions. He noted as Mayor he is in charge of the police department. The police contract is important to his operation of the department. He urged the members to reflect on what they have done. He stated members of council have their own personal agendas. He noted for many years the police department has operated under budget, and cannot be held responsible for the borough’s financial situation. Council has ignored attempts to re-open the budget, and to oppose a tax increase. Revenues are just not keeping pace with expenses. Mayor Toth concluded his remarks by calling to the attention of council the tragic assassination of police officers throughout the United States, and an overall decline in respect for basic law and order. He urged the council to work to restore their credibility with the public, and to immediately re-instate Officer Wagner.

Mr. Potzer stated the police officers during negotiations made an effort to minimize the cost of the contract for fiscal year 2016, knowing that a budget was already in place, and funds were very tight. The total cost of the contract for 2016 would be $3,200, for the officer’s sign – on bonus pay. All other elements of the new contract would defer until January 1, 2017. During 2017, the borough will face additional contract costs of $29,000. Borough Council must work hard to develop a 2017 spending plan. Mr. Potzer stated he believes a tax increase will be inevitable. However, it must be done to keep the borough solvent. The borough has increased the general fund tax levy only once in the last 24 years, although a street light tax and fire tax were imposed. It is clear that a reduction in police services is not acceptable to the public. There is time to work cooperatively to address the 2017 budget, and the cost of the new contract.

Mr. Potzer noted there was a motion on the floor to be acted upon. Mr. Sinkovitz called for a second to the motion to reinstate Officer Wagner. Mr. Harry seconded the motion. Roll Call Vote: Ms. Barrick, yes; Mrs. Diehl, yes; Mr. Harry, yes; Mr. Jumper, yes; Mr. Sinkovitz, yes.

Motion was passed with five (5) affirmative, and zero (0) negative votes.

Mr. Harry commented that relations between the borough and the police have been strained, but will improve.

Mr. Sinkovitz stated he is concerned that the police contract will have a significant impact on working families in the borough.

Mr. Sutton thanked Council for re-instating Officer Wagner. He said the union was looking forward to working with the borough in the coming years. He noted that even though he was laid off, Officer Wagner continued to attend a police training class recently on his own time. He has an unblemished service record.

Chief Randy Finkey retired, thanked council for doing the right thing. He thanked Ms. Barrick for her vote on behalf of Officer Wagner. Chief Finkey stated he does not write letters, and prefers face-to-face discussion.

A motion was made by Mr. Jumper, seconded by Mrs, Diehl to pay a $3,200 sign-on-bonus to the police officers on August 1, 2016. Motion was passed with five (5) affirmative, and zero (0) negative votes.

A motion was made by Ms. Barrick, seconded by Mr. Jumper to issue a letter of apology to Officer Wagner, to approve full back-pay for the time in which he was laid-off, and to remove any reference to his lay-off from his permanent file. Motion was passed with five (5) affirmative, and zero (0) negative votes.

Adjournment: There being no further business to come before the Newville Borough Council, the meeting was adjourned at 8:20PM on a motion of Ms. Barrick, seconded by Mr. Jumper. Motion was passed with five (5) affirmative, and zero (0) negative votes.

The next meeting of the Newville Borough Council will be held on August 30, 2016 at 7:00PM in the Newville Borough Office, 4 West Street, Newville, Pennsylvania.

MINUTES RECORDED BY:

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FRED A. POTZER

Borough Manager/Secretary

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