Middletown Borough Council Minutes

December 2, 2013

December 2, 2013 Middletown, PA 17057 The December 2, 2013 meeting of the Middletown Borough Council was called to order at 7 p.m. by Council President Christopher R. McNamara. Following the Invocation by Pastor Jerry Cowan of Valley Baptist Church, and the Pledge of Allegiance, the following Council members answered roll call: Barbara Arnold, Donald Brooks, John Brubaker, Robert Louer, Christopher R. McNamara, Judy Putric, Scott Sites and Sue Sullivan. David Rhen was absent. Also present were Mayor Robert Reid, Borough Manager Tim Konek, Borough Secretary Chris Courogen and attorney Charles M. Courtney, from the Borough Solicitors McNees, Wallace and Nurick. PUBLIC COMMENT Mike Bowman commented on dog license fees, saying they should be higher for pit bulls. He also commented on truck noise on Ann Street, asking Council to consider prohibiting jake brakes. Councilor Sites made a motion to adopt Ordinance No. 1298 OF 2013: An ordinance amending the pension plan and trust for the police officers of the Borough of Middletown. The motion was seconded by Councilor Brooks and approved by a unanimous 8-0 vote. Councilor Sullivan made a motion to approve a request to establish a handicapped parking spot at 122 Ann Street. The motion was seconded by Councilor Putric and approved by a 7-1 vote, with Councilor Sites dissenting. Councilor Arnold made a motion to authorize Borough staff to execute the demolition and asbestos removal proposal from Lobar for the Klahr Building and the former electric building. The motion was seconded by Councilor Louer and approved by a 7-1 vote, with Councilor Brubaker dissenting. Councilor Brooks moved to recess the meeting in order to hold the scheduled public hearing on the proposed new zoning law. The motion was seconded by Councilor Sites and approved by unanimous consent. At 7:25 p.m., the meeting was recessed. At 7:30 p.m., the public hearing on the proposed new zoning law was opened, with Attorney Courtney presiding. PUBLIC HEARING Attorney Courtney opened the hearing by entering exhibits into the record. Those exhibits included proofs of publication, an affidavit that public notice was posted, copies of transmittal letters to the Borough planning committee and the Dauphin County planning commission, letters from the planning committee and the DCPC with recommendations and an affidavit that notice was posted in the Patriot-News and an attested copy of the proposed ordinance was placed in the Dauphin County Law Library.

Middletown Borough Council Minutes

December 2, 2013

Borough Manager Konek gave an overview of the new zoning law, saying the biggest changes were the carving of a medium density residential district out of the prior anything goes residential district and restrictions on student housing, which concentrate such use in and around commercial areas and areas adjacent to Penn State Harrisburg. The ordinance also cleans up the manufacturing district near Harrisburg International Airport and increased the conservation district near waterways. The new code will also be clearer and easier to understand that the old law, Konek reported. Attorney Courtney then opened the hearing for public testimony. Jack Still commented on the history of the development of the new ordinance. Konek confirmed the account, saying the process started prior to his appointment as manager, when the previous Borough Council hired a consultant to analyze the town and the comprehensive plan. That effort, which took place in 2009 and 2010, resulted in a draft which was never enacted after the flooding from Tropical Storm Lee in September 2011 diverted the Boroughs efforts. Konek said the process was restarted in the past year. The proposed ordinance is based on the 2010 draft, but updated to reflect changes. Robert Hauser criticized the proposed law, saying it contained what he said were numerous typographical errors. Attorney Courtney explained case law in the past seven years has made the process of adopting new zoning laws more onerous because every little change now restarts the lengthy review process required. As a result, municipalities now tend to wait until after a new ordinance is passed to clean up mistakes by the way of curative amendments. Courtney said he anticipates such a process will likely follow if the new law is passed. Diana McGlone criticized the new student housing provisions in the proposed code, and also criticized the way public notices for the hearing were posted. Mike Bowman also commented on the new student housing standards, saying it is a better approach than the congregate housing approach in the 2010 draft. After no other members of the public had comments, members of Council were invited to comment. Councilor Louer asked what amendments would be needed to make corrections to the ordinance. Attorney Courtney said once it is adopted, the Borough could start the process of identifying what clean-up amendments might be necessary. Hearing no further comments from Council, Councilor Sites made a motion to conclude the hearing. The motion was seconded by Councilor Putric and approved by a 7-1 vote, with Councilor Sullivan dissenting. At 8:04 p.m., the hearing was concluded. At 8:05 p.m., Council reconvened its regular meeting.

Middletown Borough Council Minutes

December 2, 2013

Councilor Louer made a motion to adopt Ordinance 1297 of 2013, an ordinance amending Chapter 260 of the Borough Code dealing with zoning by repealing the existing zoning ordinance and enacting a new zoning ordinance. The motion was seconded by Councilor Brooks and approved by a 7-1 vote, with Councilor Sullivan dissenting. Councilor Brooks made a motion to adjourn. It was seconded by Councilor Louer and approved by unanimous consent. At 8:06 p.m., the meeting was adjourned.

Borough Secretary