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    Meeting A genda

    State College Borough CouncilRegular Meeting/Work Session

    Monday, February 9, 20157:30 p.m. 

    I. Call to Order

    II. Moment of Silence and Pledge of Allegiance

    III. Roll Call

    Elizabeth A. Goreham, MayorJames L. Rosenberger, President of CouncilThomas E. Daubert

    Catherine G. DaulerSarah KlinetobTheresa D. LaferPeter MorrisEvan Myers

    IV. Public Hour - Hearing of Citizens

     Anyone in the audience wishing to address Council with an item that is not on theagenda should ask to be recognized at this time. Each speaker will have fourminutes to present comments to Council.

    V. Proclamations

     A. THON Proclamation - Mayor Goreham will present a proclamation to AlyYoung, from the THON Community Relations Committee. [Page 7 ]

    VI. Special Reports

    State College Area School District (SCASD) Intern Report

    The SCASD had provided the Borough with two interns, beginning in September2014. The interns spent time in each of the departments gaining insight into thoseareas, as well as the overall function of the Borough. The internships are ending,and as part of that agreement, each student has prepared a presentation forCouncil on one aspect of their time with the Borough. [Page 9  ]

    Tonight, Jaia Clingham-David, will present her project report to Council.

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    VII. Consent Items

    Recommendation: Staff recommends that Council approve the followingconsent items. (Attached to the agenda beginning on Page 15 is thebackground information.)

     A. Approve vouchers and payroll for the month of January in the amount of$4,389,282.20.

    B. Approve minutes from the meeting held on January 12, 2015. [Page 17 ]

    C. Reject the only bid received for the 2015 Tree Pruning project, from Dincher &Dincher Tree Surgeons, and authorize staff to rebid as a smaller project. [Page23 ]

    D. Award Alternate A (45-day project schedule) for Project #16-2015 College/Pugh

    Pedestrian Improvements and Paving, and Beaver/Pugh; and Beaver/LocustPaving, to R.C. Bowman, Inc., the low bidder, in the amount of $209,800, ofwhich $76,790 will be billed to PSU. [Page 25 ]

    E. Appoint or reappoint the following individuals to various Authorities, Boards andCommissions:

    Name of ABC Person’s Name  Appointment Date of Expiration

     Authorities Board Michael Egan Appointment December 31, 2019

    Board of Health Linda Greenly-Finch Reappointment December 31, 2019

    Tree Commission William Elmendorf Reappointment December 31, 2017

    Rental Housing Revocation AppealBoard James Lee Appointment December 31, 2017

    Centre County Housing & LandTrust

    Edward LeClear Appointment Indefinite Term

    Spring Creek WatershedCommission

     Amy Kerner Reappointment December 31, 2015

    F. Approve the partial use of various Borough roads, for the Individual Time TrialRace (from 7:40 a.m. to 12 p.m.) and the Criterium Race (from 1 p.m. to 7p.m.), on Sunday, August 2, 2015 with conditions. Both races are beingsponsored by the Pennsylvania State University Cycling Club. The awardceremony for these races will take place in the Sydney Friedman Park. [Page27  ]

    G. Approve the closure of South Allen Street, from the Municipal Building to Foster Avenue, the use of other various downtown streets and sidewalks, as well asthe use of the Municipal building lobby and Mayor Welch Plaza, on Saturday,

     April 11, 2015, from 6 a.m. to 3 p.m. for the annual Autism Speaks U 5kRace/3k Walk with conditions. [Page 43 ]

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     VIII. General Policy & Administration

     A. Resolution for No Turn on Red at Park and Atherton

    Council is requested to approve a Resolution as required by PENNDOT inorder to erect a regulatory No Turn on Red sign at the intersection of North Atherton Street and West Park Avenue. [Page 51 ]

    Staff Recommendation:  Staff recommends that Council approve theResolution for the installation of the No Turn on Red Sign, at all times, at theintersection of North Atherton Street and West Park Avenue.

    B. Consider a Request to Close Sidewalks on Beaver Avenue

    Leonard S. Fiore, Inc., the contractor for the Fraser Centre project, has

    requested to close the public sidewalk on the south side of West Beaver Avenue, between Miller Alley and South Fraser Street. The request is madedue to concerns for pedestrian safety during excavation and construction workat the site. A copy of the request is on Page 53. Staff recommends approval ofthe requested condition upon the adequate signage for a pedestrian detour, asdetermined by the Borough Engineer. Staff also recommends that upon thecompletion of the foundation of the Fraser Centre to grade level, that aprotective cover is constructed over the sidewalk area and the sidewalks bereopened to the public.

    Staff Recommendation: Staff recommends approval of the request with theconditions listed above.

    C. Adoption of 2015-2016 Legislative Priorities

    Council is asked to complete its review of the Legislative Priorities and adoptthe document to provide guidance for Council, the Mayor and staff to use incommunicating with state and federal representatives. The 2015-2016Legislative Priories document is generally identical to the priorities establishedfor 2014, and was discussed by Council at their January 12, 2015 meeting.Several members of Council expressed concern about the Act 111 Reform andthe public safety pension reform proposals that are included in thePennsylvania Municipal League priorities for 2015, and the languageaddressing state and federal unfunded mandates to local government.

     Additional information on the Act 111 Reform legislation, and the public safetypension legislation, is included with the agenda. Also, a minor modification tothe unfunded mandate language is provided to clarify that the objective of theunfunded mandates provision is for the state and federal government to eitherfund or provide revenue authority to fund those unfunded mandates that areimposed on local governments.

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     The legislative priorities represent Borough Council’s goals for legislation thatdirectly relates to the governance of the Borough of State College, and othermunicipalities generally. The legislative priorities document is intended toprovide guidance for elected officials and staff in their discussions with state

    and federally elected officials in the upcoming sessions of Congress and theGeneral Assembly.

    Council is asked to review the document and take action to adopt theLegislative Priorities in preparation for a meeting with state and nationalrepresentatives and the National League of Cities Congressional CityConference scheduled in early March. During its discussion, Council shouldalso make any amendments to the proposed document that it deemsappropriate prior to adoption. [Page 59 ]

    Staff Recommendation:  Staff recommends that Council adopt the 2015-2016

    Legislative Priorities.

    D. Financial Reports

    Staff will provide a financial report at the meeting on February 9. The report willinclude the following:

    2014 Preliminary Year-End Financial Report (unaudited)2016 Preliminary Budget ForecastJanuary 2015 Budget Report

    Borough staff will be discussing the budget process at the Management TeamRetreat later in February. Following the retreat, the Manager will haveadditional information and recommendations for Council to review in connectionwith the 2016 Capital Improvement Plan and budget adoption process.

    This is a report only at this meeting and no action is required by Council.Following this report and discussion by Council, additional discussion will beincluded on a March meeting agenda.

    IX. Public Works

     A. Update on State College Borough's Sustainability Efforts/Resolution 944

    In 2007, the Borough of State College passed Resolution 944, declaring StateCollege Borough as a Climate Protection Community. The Resolution includeda list of primarily municipal based goals consistent with climate changemitigation strategies. State College Borough pursued a number of projectsover the next six years to meet these goals. The report, "Greenhouse GasMitigation, Final Report, 2013", details these projects and the results of this

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    effort. Over the past year the Borough's Sustainability Committee has beendeveloping a new set of goals and objectives, many of which are communitybased and will require different strategies to achieve. Alan Sam, the Borough'sEnvironmental Coordinator, is in attendance tonight to summarize our efforts todate and present a strategy for moving forward. [Page 97  ]

    This is a report only. No action is required at this time, although staff is lookingfor feedback from Council on the report and follow up recommendations.

    B. Approve the Updated Pocket Parks Policy

    In 2014, staff was directed by Council to develop a policy to help evaluaterequests to establish small, neighborhood parks, commonly referred to asPocket Parks. A presentation was made to Council in July 2014, defining whata Pocket Park was. A draft policy was later presented to Council, the PlanningCommission and the Design Review Board for their review and comment.

    Minor word changes were made based on comments received. [Page 103 ]

    Staff Recommendation:  Staff recommends that Council approve the PocketPark Policy as presented.

    X. Planning and Zoning

     A. State College Area School District Conditional Use Permit Decision

     A public hearing was held on the Application for Conditional Use Permit for theState College Area School District High School at Council’s February 2, 2015meeting.

     At that meeting, Council authorized the Borough Solicitor to prepare a draftFindings of Fact and Decision based on the testimony at the public hearing andCouncil’s deliberation on the application. The draft Findings of Fact andDecision is attached beginning on Page 107 . Council will consider final actionon the matter at the March 2, 2015 meeting.

    Staff Recommendation:  Staff recommends Council approve the SCASDConditional Use Application.

    XI. Official Reports and Correspondence

     A. Mayor’s Report 

    B. President’s Report 

    C. Regional Liaison Reports

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     Executive – James Rosenberger Finance - Evan Myers Human Resources – Peter Morris Parks Capital – Tom Daubert Public Safety – Sarah Klinetob

     Public Services and Environmental – Sarah Klinetob Transportation and Land Use/MPO – Theresa Lafer

    D. Staff/Committee Reports

    E. Student Representative Report

    XII. Items of Information

    XIII. Adjournment

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    Westerly Parkway Wetland

    ● The wetland detains water after a large rain event to allow the lower reaches of the

    watershed to drain away before this portion of water from the upper reaches of the

    watershed is released, allowing a more constant flow downstream. The

    facility—including three and a half surrounding, fenced off acres—functions as

    designed, but does little to improve the environment or aesthetics in this area.● With help from the PA Department of Conservation and Natural Resources and

    Borough Public Works staff, trails, benches, gardens, and educational signage was

    constructed in the wetlands. The area is open to public use, allowing members of the

    community to become educated about the wetland’s purpose, stroll through a unique

    natural area, and observe various kinds of vegetation and wildlife.

    ● Another effect of the wetland comes from its location near the State College Area High

    School. Numerous high school biology classes visit the wetland to observe the plants

    in the wetland. In fact, 9th grade biology teacher Susan Braun has a whole bulletin

    board displaying the students’ findings in the Westerly Parkway Wetland.

    Walnut Springs● A check dam was created in order to filter out heavy sediments in the stormwater

    before moving downstream.

    ● This check dam, as well as the wetland further downstream, decreases erosion of

    streambanks.

    INI (Inflow and Infiltration)

    ● The State College Borough has to pay outside sources according to the amount of

    sewage that goes through the plant. Therefore, when large amounts of rainwater enter

    the sewage lines, the cost for sewage treatment increases. Flow meters were placed

    throughout the sewage system to determine how much inflow and infiltration was

    occurring and then was compared to water usage data. Once areas were identified,the pipes were slip lined in order to prevent fresh water from leaking in. The Borough

    is planning to upgrade these meters and to start work on older areas of the Borough.

    ● The project itself cost $300,000 but the Borough’s treatment costs are down by

    $500,000 in under 9 months.

    Food Waste Collection and Composting

    ● The Borough developed a food waste collection program to collect and compost

    organic wastes from its residents. In late March of 2013, each State College Borough

    residence received a new refuse cart at no additional cost for regular trash and, for

    those choosing to participate, an additional cart for curbside organic waste collection.

    ● Food waste collection not only improves general sanitation and health of the

    community but has a significant environmental impact as well. Driving around the

    Borough on collection day is different than driving in any other township as one

    notices, along with the regular garbage bin and red recycling bin, a black bin with a

    green top. Most residents are utilizing the food waste collection, acknowledging the

    significant effort the Borough is taking to improve the local and overall environment.

    Other townships are beginning to follow suit to implement a program that the Borough

    pioneered.

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    ● The food waste is added to the large amount of collected leaves that turns into

    compost. Patton Township pays $47,200/yr., Ferguson Township pays $33,005/yr.,

    and College Township pays $16,172/yr. to the Borough to dispose of leaves only.

    Grass clippings and brush are managed at no additional costs. Contracts with the

    townships were executed in 2005.

    Energy Efficient Lights and Motion Sensors● In 2007, the energy sector produced 31% of the total greenhouse gas emissions in the

    Borough. Lights in the McAllister and Beaver garages were changed out August 2014

    and the lights in Fraser were beginning to be replaced in June and finished around

     August as well.

    ● Lights in the Municipal Building have been changed from 32W to 28W T-8 fluorescent

    bulbs as they needed to be replaced over the years. 28W T-8 fluorescent lamps

    provide energy savings of up to 15% versus standard 32W (Philips Lighting

    Company).

    ● Occupancy sensors were added to areas of the Municipal Building including all

    storage and restrooms and the council chamber in 2012.● The commissioning of lighting is happening later this year which will give us a better

    look into how the energy efficient lights affected the electric usage. However, the

    electric bill shows the following decreases in energy usage, and cost, just after one

    month after the switch:

     August Sept August Sept

    McAllister 5,252 kWh 5,131 kWh $563 $382

    Fraser 30,6000 kWh 16,200 kWh $2,236 $1,197

    Beaver 35,811 kWh 32,105 kWh $2,598 $2,344

    Variable Speed Drive

    ● Within the municipal building, several heat pumps have been replaced, variable speed

    drives were installed in 2012 to reduce energy surges that increase costs. The building

    is well insulated and its design effectively uses daylighting to cast natural light into the

    building’s interior. A closed loop heat pump contributes to the reduction in natural gas

    consumption to heat the building.

    ● There has been around a 50% energy savings on 2 of the drives since the drives do

    not have to run when not needed.● Allegheny Power and West Penn Power both offer rebates on energy efficient

    appliances like this variable speed drive.

    Personal Recycling

    ● The staff at the Borough each have a personal recycling bin. This makes recycling

    easier and more widespread within the Borough itself.

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    ● In the average workplace, about 80 to 90 percent of solid waste is actually recyclable,

    according to the U.S. Environmental Protection Agency (EPA). In U.S. workplaces,

    one to two pounds of paper product waste is generated on average each day,

    according to Kent Forester, an environmental protection specialist at the EPA.

    Establishing an office recycling initiative won't just reduce your carbon footprint, but it

    could also save your business money.● A waste audit prior to implementing the recycling program, We can too, indicated that

    77% of the material discarded into the landfill was recyclable or compostable. It was

    found that over 50% could be diverted from the landfill just by recycling mixed office

    paper (1.4 tons) and collecting compostable materials (2.8 tons).

    Hybrid cars

    ● Fuel efficient and cost competitive hybrid cars.

    Bike trails and bike lanes

    ● In 2007, emissions from the transportation sector represented the greatest contribution

    to greenhouse gas emissions in State College Borough, at 37% of total emissions.

    When students of Geography 493, Service Learning: The Centre County CommunityEnergy Project conducted focus groups to identify potential methods of reducing

    greenhouse gas emissions, one group set the goal to achieve a “bicycle friendly city”

    status.

    ● Now when ranking State College among similar municipalities nationwide, residents

    rate State College above average in terms ease of bus travel and ease of walking and

    slightly above average in ease of bicycle travel. The Bicycle Friendly Community

    award demonstrates the Borough’s efforts to create strong bicycle infrastructure. The

    Borough has created more bike trails, bike lanes, and areas to park bikes.

    ● Furthermore the Borough itself has a new in-house bike share program where

    employees have a set of bikes. Actions like these show the community, by example,how biking is a great alternative to driving.

    Trees

    ● The Borough has around 150 varieties of street trees and has 7,000 total street trees.

    The trees impact the water quality and provide shade to cool the pavement. A tree‘s

    ability to offset carbon emissions is determined by size, canopy cover, health, and age,

    but large trees can help lower carbon emissions in the atmosphere by 2-3%.

    ● In the right circumstances, when trees are strategically planted to provide either shade

    or to act as wind breaks, they can generate 10-50% savings in cooling expenses and

    4-22% savings of heating costs. This reduces the amount of carbon-based fuels used,

    therefore reducing the emissions that reduce air quality (Relf, D. (1996). Plants

     Actually Clean the Air).

    ● Moisture from woodlands and trees is emitted into the air, cooling it and helping to

    make towns and cities more comfortable places in which to live and work. Daytime

    temperatures have been found to be about 2-3oC lower in a large urban park than the

    surrounding streets (Department for Transport, Local Government and the regions.

    (2002). Green Spaces, Better Places: Final report of The Urban Green Spaces

    Taskforce).

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    ● Parks and street trees have been found to be second only to education in residents’

    perceived value of municipal services offered. Psychologist Rachel Kaplan found

    trees, well-landscaped grounds and places for taking walks to be among the most

    important factors considered when individuals chose a place to live.

    LEED Certification and Planning

    ● LEED, or Leadership in Energy & Environmental Design, is a green buildingcertification program that recognizes best-in-class building strategies and practices. To

    receive LEED certification, building projects satisfy prerequisites and earn points to

    achieve different levels of certification. Prerequisites and credits differ for each rating

    system, and teams choose the best fit for their project. LEED-certified buildings cost

    less to operate, reducing energy and water bills by as much as 40%. Businesses and

    organizations across the globe use LEED to increase the efficiency of their buildings,

    freeing up valuable resources that can be used to create new jobs, attract and retain

    top talent, expand operations and invest in emerging technologies.

    ● However, LEED is aimed at new construction. The Borough can offer incentives during

    the building process such as permitting greater height or reducing parkingrequirements but the Borough is pretty much built out, meaning there isn’t a lot of

    space for new developments.

    ● A possible option for the future is to amend zoning ordinances to make buildings more

    green. Financial incentives could be given to existing buildings but that comes down to

    whether the budget would allow such a thing. Incentives need to be able to encourage

    redevelopment from property owners.

    Potential Problems

    Difficult for a tax-based municipality to invest in environmental projects without financial

    investments or returns.Many projects, although significantly beneficial to the environment, are cost prohibitive.

    Importance

    ● A study done by Jolanda Maas, Robert A Verhij, Peter P Groenewegen, Sjerp de Vries

    and Peter Spreeuwenberg investigated the strength of the relation between the

    amount of green space in people’s living environment and their perceived general

    health. The total percentage of green space in the respondents' living environment

    was measured within a 1 km radius and within a 3 km radius around a respondent's

    home, to see whether green space close by has a stronger or weaker effect than

    green space further away. In areas where 90% of the environment around the home is

    green, only 10.2% of the residents feel unhealthy, as compared with areas in which

    10% of the environment is green, where 15.5% of the residents feel unhealthy. The

    relation is equally strong for the 1 km and the 3 km radius. This research has shown

    that green space is more than just a luxury, and the development of green space

    should therefore be allocated a more central position in spatial planning policy. Healthy

    planning should include a place for green space and policymakers should take the

    amount of green space in the living environment into account when endeavouring to

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    improve the health situation of the people.

    ( http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2566234/)

    ● A study showed that every green environment improved both self-esteem and mood.

    The mentally-ill had one of the greatest self-esteem improvements (Pretty J., Hine R.

    and Peacock J. (2006). Green Exercise: The benefits of activities in green places. The

    Biologist 53(3), pp.143-148).● Landscape is the meeting place of culture and environment, the places where what we

    see is infused with meanings past and present, engendering memories and feelings.

    The human psyche has retained a strong preference towards the natural landscapes

    of trees, grass and water; it is the view of choice, the vision we still find most appealing

    (Wilson, E, O. (1993). Biophilia Hypothesis). Therefore more efforts put into creating a

    healthy, appealing town the greater feeling of connectivity occurs between residents.

    ● According to the Knight Foundation, State College has significantly higher scores in

    social offerings, aesthetics, openness, and education than do the other comparable

    Knight communities. State College residents are largely positive about the

    community’s aesthetics. More than two in three give high scores to the beauty orphysical setting of the community, while more than half give high scores to its parks,

    playground, and trails (Knight Soul of the Community Project). Some of the

    aforementioned projects not only help decrease pollutants in our environment but also

    create an aesthetically pleasing community.

    ● Inc.com, a resource for small businesses and beginning entrepreneurs, outlines ten

    ways to make a workplace more sustainable and environmentally friendly. Although

    the Borough is not a business, it has successfully completed eight out of those ten

    suggestions.

    ● The 2014 National Citizen Survey details the following percentages:

    ○ Excellent/good air quality: 94% of residents○ 90% of residents recycled at home

    ○ 67% of residents conserve water

    ○ 71% of residents made their home more energy efficient

    ○ 87% of residents walked or biked instead of driving

    Everything from small initiatives like personal recycling to larger projects like the rain gardens

    play a role in creating an environmentally-sustainable community and creating positive

    physical, psychological, and sometimes monetary benefits. When the State College Borough

    initiates projects like these, the residency becomes more environmentally conscious and

    gives them a sense that the local government cares about the community and is being

    proactive in preserving and enhancing the living environment.

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    http://www.google.com/url?q=http%3A%2F%2Fwww.ncbi.nlm.nih.gov%2Fpmc%2Farticles%2FPMC2566234%2F&sa=D&sntz=1&usg=AFQjCNGHwo5-zjF2Phm6Q01SWxlsvAmkkAhttp://www.google.com/url?q=http%3A%2F%2Fwww.ncbi.nlm.nih.gov%2Fpmc%2Farticles%2FPMC2566234%2F&sa=D&sntz=1&usg=AFQjCNGHwo5-zjF2Phm6Q01SWxlsvAmkkAhttp://www.google.com/url?q=http%3A%2F%2Fwww.ncbi.nlm.nih.gov%2Fpmc%2Farticles%2FPMC2566234%2F&sa=D&sntz=1&usg=AFQjCNGHwo5-zjF2Phm6Q01SWxlsvAmkkA

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    CONSENT AGENDAFebruary 9, 2015

    VII. Consent Items

    Recommendation: Staff recommends Council approve the following consent items.

     A. Approve vouchers and payroll for the month of January in the amount of$4,389,282.20.

    B. Approve minutes from the meeting held on January 12, 2015.

    C. Reject the only bid received for the 2015 Tree Pruning project, from Dincher &Dincher Tree Surgeons, and authorize staff to rebid as a smaller project.

    D. Award Alternate A (45-day project schedule) for Project #16-2015College/Pugh Pedestrian Improvements and Paving, and Beaver/Pugh; andBeaver/Locust Paving, to R.C. Bowman, Inc., the low bidder, in the amount of$209,800, of which $76,790 will be billed to PSU. [Page 23 ]

    E. Appoint or reappoint the following individuals to various Authorities, Boards andCommissions:

    Name of ABC Person’s Name  Appointment Date of Expiration

     Authorities Board Michael Egan Appointment December 31, 2019

    Board of Health Linda Greenly-Finch Reappointment December 31, 2019

    Tree Commission William Elmendorf Reappointment December 31, 2017

    Rental HousingRevocation Appeal Board

    James Lee Appointment December 31, 2017

    Centre County Housing &Land Trust

    Edward LeClear Appointment Indefinite Term

    Spring Creek WatershedCommission

     Amy Kerner Reappointment December 31, 2015

    F. Approve the partial use of various Borough roads, for the Individual Time Trial Race(from 7:40 a.m. to 12 p.m.) and the Criterium Race (from 1 p.m. to 7 p.m.), onSunday, August 2, 2015 with conditions. Both races are being sponsored by the

    Pennsylvania State University Cycling Club. The award ceremony for these raceswill take place in the Sydney Friedman Park. [Page 23 ]

    G. Approve the closure of South Allen Street, from the Municipal Building to Foster Avenue, the use of other various downtown streets and sidewalks, as well as the useof the Municipal building lobby and Mayor Welch Plaza, on Saturday, April 11, 2015,from 6 a.m. to 3 p.m. for the annual Autism Speaks U 5k Race/3k Walk withconditions. [Page 23 ]

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    Meeting Minutes

    State College Borough CouncilRegular Meeting

    Monday, January 12, 2015

    The State College Borough Council met in a regular meeting on Monday, January 12, 2015, in the StateCollege Municipal Building, 243 South Allen Street, State College, PA. Mayor Goreham called themeeting to order at 7:31 p.m.

    Present: Elizabeth A. Goreham, MayorJames L. Rosenberger, President of CouncilCatherine G. DaulerSarah KlinetobTheresa D. LaferPeter MorrisEvan Myers

     Absent: Thomas E. Daubert

     Also in attendance: Terry Williams, Borough Solicitor; Thomas J. Fountaine, II; Borough Manager;

    Edward LeClear, Planning Director; Roger Dunlap, Assistant Manager; Dwight Miller, Manager ofFinancial Services; Courtney Hayden, Communication & Special Projects Coordinator; Jon Garfield,UPUA Student Representative; Thomas King, Chief of Police; Sharon Ergler, Assistant BoroughSecretary; Amy Kerner, Borough Engineer; Meagan Tuttle, Planner; Mark A. Whitfield, Director of PublicWorks; Centrice Mulfinger, Manager for Community Engagement; and members of the public and media.

    Public Hour

    Janet Engeman, 152 West Prospect Avenue, stated her husband fell twice earlier in the day on the brickwalkway across the street from where Fraser Centre was being built. She suggested the Boroughconsider using pavers instead of bricks because the bricks freeze too quickly making the sidewalksdangerous.

    Mr. Myers said as someone who combines civic responsibility with metrological knowledge, bricks aremore porous due to the nature of the material. He asked if it the Borough’s protocol was to use pavers,like the ones Penn State used. Mr. Whitfield said the Borough had switched to pavers and was no longerusing bricks after speaking with Penn State representatives.

    Theresa Lafer said depending on what time people were out walking, everything was a sheet of ice atsome point. She said she had salted her sidewalks and that did not seem to help. She urged residentsto use extreme caution when walking on ice or to stay inside until the temperature warms up and the icemelts.

    Consent Items

    Mr. Rosenberger made a motion to recommend Council approve the following consent items. Ms. Lafer

    seconded the motion.

      Approve minutes for the following meetings held in December:

    December 1, 2014 Regular MeetingDecember 2, 2014 Work SessionDecember 5, 2015 Work SessionDecember 8, 2014 Work SessionDecember 15, 2014 Regular Meeting

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      Approve vouchers and payroll for the month of December in the amount of $4,553,485.26.

      Reject all bids for Project #7-2014 (CNG Upgrade to Mechanics Garage), direct staff to modifythe project to reduce the scope and re-bid the project.

      Authorize the Borough Manager to submit a proposal to the West Penn Power Sustainable

    Energy Fund for potential grant funding and financing applicable to planned energy efficiencyprojects in Borough municipal facilities.

       Appoint Charles Herr Jr., as the Borough’s Sewage Enforcement Officer , and appoint PamelaWinter, as the Alternate Sewage Enforcement Officer, for a one-year term ending on December31, 2015.

      Approve the closing of South Allen Street, starting in front of the Municipal Building to WestFoster Avenue, on Saturday, February 14, 2015, from 9 a.m. to 2:30 p.m., for the Left RightRepeat 5k Run/Walk, to benefit the Women’s Resource Center. 

      Appoint Stahl Sheaffer Engineering, LLC in 2015 for Inspection Services associated withconstruction projects within the Borough’s street rights-of-way.

    The motion passed unanimously.

    Administration

    2015-2016 Legislative Priorities

    Mr. Fountaine explained that staff had prepared a list of proposed legislative priorities for Council’sreview. These legislative priorities were drafted from priorities established by the National League ofCities (NLC) and the PA Municipal League (PML). He noted that these priorities directly related to thegovernance of the Borough of State College and other municipalities. He further explained that thelegislative priorities document was intended to provide guidance for elected officials and staff indiscussions with state and federally elected officials during upcoming sessions of Congress and theGeneral Assembly.

    Mr. Fountaine asked Council to review the list of priorities and take action to adopt the legislative prioritiesin preparation for a meeting with state and national representatives and the NLC’s Congressional CityConference scheduled in early March. He noted that the legislative priorities would also provide a basisfor prioritizing Council’s continuing discussion with both state and national representatives. If Councilconcurred with the draft list, a resolution approving the 2015-2016 legislative priorities would bepresented on February 9 for formal adoption by Council.

    Mr. Morris said the NLC’s  list of priorities were quite good, especially the one written about immigration,which was very real to the residents in the State College community. He said in looking at the NLC’s itemabout public transportation, he was not in favor of the word “surface” being part of it because by usingthat word, it did not include the Pittsburgh or Philadelphia subway; however, it did cover State Collegebuses. He said he personally did not understand the distinction and noted that everyone should work

    together whenever possible and the word “surface” should have been removed.

    Mr. Morris said he objected to two items in the PML’s list of priorities, which were Pension and CollectiveBargaining. He noted that the PML had partnered with the business community as a founding member ofthe Coalition for Sustainable Communities (CSC). He commented that the name CSC sounded like anenvironmental organization; however, when he researched the CSC, there were no unions orenvironmental organizations affiliated with it. He said he felt as though the CSC supported the corporateagenda. He added that everyone in America had the right to support this; however, the Borough shouldnot be aligning itself with such organizations. By doing so, the Borough would be supporting a narrowsegment of the community and ignoring the rest of the community’s interests as a whole. He said that

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    was wrong on principal and it was also bad politics. He commented that he strongly urged Council toremove these two items from the list of priorities.

    Ms. Lafer said in reference to Mr. Morris’ comment about public transportation and the word “surface”being included, she noted that every kind of transportation you can think of was included. In fact, a largepart of the discussion was to make sure local communities had a direct say in the type of publictransportation. Although the word surface was included, it was only one part of the larger program theNLC was backing. She added that the NLC was pressing for every community (urban and ruralsuburban) to have the best access to public transportation for a variety of reasons. She commented thatMr. Morris’ concern was valid, but not overlooked, at least in terms of the NLC’s transportation bill.

    Mr. Myers said he supported Mr. Morris’ comments about collective bargaining. He said there werecertain aspects of it that could be made fairer, such as sharing arbitrators. He wanted to know if Councilwas being asked to only approve what was on the sheet distributed at the meeting or both the NLC andPML’s lists as well. Council would not be able to fix the nation’s broken immigration system, nor did ithave much of an impact on State College, although he and other Council members recently participatedin a forum regarding the recent immigration raids on local restaurants in State College.

    Mr. Myers also commented on the summary, which was distributed at the meeting. He noted that one ofthe items listed was to support the NLC’s unfunded mandates. He noted that most of that was being

    pushed by the American Legislative Exchange Council (ALEC). He stated that ALEC and others hadbeen trying to push deregulation of the EPA, telecommunications, etc. Mr. Myers said in speaking with hisdaughter, who was a high-school senior, ALEC and others are pushing for the nullification of laws, suchas unfunded mandates, clean air standards, requirements to have handicapped ramps, etc. He addedthat he was opposed to such a broad statement and to nullify laws that had been passed by the federalgovernment.

    Mr. Fountaine said the document distributed to Council was what Council had approved a year ago.Support of both NLC’s and PML’s priorities was included, rather than repeat all of those items on a newdocument. He added that the information on unfunded mandates was also included a year ago. Withrespect to the PML’s priorities, the report was prepared by mayors and city council membersapproximately four years ago. In addition, it was endorsed by several chambers of commerce. Hecommented that as far as he knew, all democratic mayors had supported the Act 111 Reform as it related

    to finance, revenue and cost controls, as well as other issues in terms of finance for local municipalities.

    Mr. Morris said he strongly agreed with Mr. Myers because the thought of the Voting Rights Acts notgetting passed, because of an unfounded mandate, made him angry. He added that the talk aboutunfunded mandates was trickery to keep laws they do not like from being passed.

    Ms. Goreham said she personally had some concerns about Act 111 Reform and had spoken to a fewlegislators about it. She noted that the caucus had declined to support it, which gave her some concern.

    Mr. Rosenberger said in looking at the collective bargaining priority, he too was in favor of a sharedarbitrator. He also agreed that Act 111 hearings should be open. In terms of an alcohol tax, he said hewould like to see legislators discuss it because he was fully in support of it. He added that this item wassomething Borough residents could contact their legislators about to see if perhaps the Borough could

    receive the alcohol tax option. He noted that the gas tax had not been raised for two decades.

    Mr. Fountaine said the list of priorities would reappear on Council’s February 9 agenda for approval. Headded that amendments could be made from the floor before it was adopted.

    Policy Manual Revisions

    Mr. Fountaine explained that a few members of Council had expressed interest in revising its ProceduresManual. Ms. Dauler volunteered to work on it. She also noted that Mr. Daubert, who was not present,had previously expressed interest. Mr. Rosenberger asked if there was anyone else on Council who

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    wished to work on the Procedures Manual. Ms. Lafer said she was willing to participate and to work withthe Borough Secretary and other Council members on the project. No vote was required.

    Public Works

    License Agreement for 129 South Pugh Street

    Council was requested to take action on approving a License Agreement for 129 South Pugh Street forthe purpose of constructing a handicapped access ramp partially within the right-of-way for access to theexisting building.

    Mr. Rosenberger made a motion to approve the License Agreement for 129 South Pugh Street. Ms.Dauler seconded the motion.

    Ms. Klinetob said the permanent loss would be the area behind the first concrete block, but asked if thebrick pavers would remain. Mr. Williams pointed out there would be no permanent loss so long as thebusiness remained in that location. If the tenant changed, or if the facility was under a substantialrenovation, the agreement would be revoked.

    Mr. Rosenberger asked if the extension into the right-of-way was roughly 10 inches. Mr. Mark Toretti of

    Penn Terra Engineering explained that the pavers along the 100 block of South Pugh Street wereapproximately 1’ wide.

    The motion to approve the License Agreement for 129 South Pugh Street to install a handicapped rampaccess passed unanimously.

    Planning and Zoning

    Neighborhood Sustainability Report/National Citizens Survey

    Mr. Fountaine explained that the Planning staff distributed the Neighborhood Sustainability Report toCouncil at their November 3, 2014 meeting. Planner Meagan Tuttle was present to answer anyquestions. There were no questions, so Council moved on to the next agenda item.

    Neighborhood Plan and Downtown Master Plan Implementation Progress Report

    Ms. Tuttle provided Council with a progress report on the Neighborhood Plan and the Downtown MasterPlan, which was distributed to Council at their November 12 meeting. Ms. Tuttle gave Council a quickupdate on the proposed implementation of the two plans. She said she thought it was appropriate to talkabout the two plans and their activities together. She noted that the Planning staff was prepared toprovide quarterly updates.

    Ms. Tuttle explained that staff had prepared a draft Neighborhood Plan, which staff would be sharing withthe neighborhood associations later that month. She added that some of the ABC and staff work plansrelated to the goals of the Neighborhood Plan. She noted that the Historic Resources Commission andthe Design Review Board’s 2015 work plans included a couple of special interest projects. The

    Redevelopment Authority and the Homestead Investment Program plans include more communityengagement related activities. Other activities include casual conversations and coffee to meet anddiscuss upcoming plans or projects.

    Ms. Tuttle stated that Planning staff was working to put together a similar implementation plan for theDowntown Master Plan. She noted that the Downtown State College Improvement District ’s progress.They had done a lot of work over the past year to refresh their image, improve communications with themerchants and to market the downtown more effectively. In addition, they had installed new banners,featuring a new logo, throughout the downtown. She added that there was the potential for new way-finding signage, which may be included in an updated parking study.

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    Mayor Goreham said earlier in the day she had met with Molly Kunkel, Executive Director of the CentreCounty Community Foundation, and she was interested in finding and developing housing for youngprofessionals. She wanted the Mayor to know how challenging it was to find a decent place to live in acollege town. Mayor Goreham asked if locating and finding housing for graduates was incorporated intothe plan. Ms. Tuttle said Theme 4 of the plan was to identify places where professionals might want tolive in the downtown. The Planning Commission had supported the idea and considered incentives forprofessional housing. In addition, there was a group working to create network activities and surveysthrough the Chamber of Business & Industry of Centre County.

    Mr. Rosenberger said the new Metropolitan building was designed with the three top floors designated forprofessionals and asked what proportion of that building meets the requirement for professional housing.Ms. Tuttle said there were no set standards in place for professional housing at this time and Planningstaff was trying to get a sense of what defines a professional or graduate housing unit. Mr. LeClear saidin order to market to professionals, the units would require fewer bedrooms with less occupancy.

    Mr. Rosenberger said good examples of professional housing were properties like the Allenway Building.He asked if the owners and/or managers of that particular building prohibit undergraduates from livingthere. Mr. Fountaine said it was the property owner’s choice to not rent to undergrads. He added that thenew Fraser Centre building, presently under construction, was the only property he knew of that had adeed restriction that prohibits students from living at that property.

    Mr. Morris asked if a landlord’s right to refuse to rent to students had ever been tested in court.  Mr.Williams said currently in the state of Pennsylvania, students are not a protected class and discriminationis permissible. He said there are a lot of condominium associations that have rules and regulations thatprohibit renting to certain groups of people.

    Ms. Klinetob said she would be interested in seeing the results of the survey Ms. Tuttle mentioned earlier.She said it would be helpful to show potential developers what the housing market was like in StateCollege, and specifically, the percentages of people who want to live downtown and their ages.

    Ms. Lafer said over the past several years there had been a lot of bad things happening in the Highlandsand Holmes-Foster neighborhoods, such as vandalism, noise, etc. She noted that thanks to severalpeople, who have worked really hard to educate and enforce, a difference was being made. As a result,

    the violation and types of violations were coming down. She added that she had seen a big difference inattitudes and behaviors. Mr. Fountaine said the engagement of students in this effort had helpedtremendously. Specifically, the leadership of the IFC, UPUA and the graduate student organizationsworked with the neighborhood associations and with long-term residents to identify and educate students.

    Ms. Klinetob commented that Borough staff, along with folks from the Centre Region Code Administration, held two workshops for landlords last year to educate them as well. She said bothworkshops were well received. Ms. Tuttle said Borough staff was interested in having more meetings likethose workshops to discuss a variety of issues.

    Official Reports and Correspondence

    Mayor’s Report - Mayor Goreham said she had nothing to report. 

    President’s Report  – Mr. Rosenberger announced that Council would adjourn to an Executive Sessionfollowing the meeting to discuss personnel matters.

    Regional Liaison Reports

    Executive – Mr. Rosenberger said he had nothing to report.

    Finance  – Mr. Myers said the Finance Committee would be meeting later this week.

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    Human Resources   –  Mr. Morris said the Human Resources Committee met on January 7 andreorganized. Nigel Wilson was elected Chairman and Mr. Morris said he was elected Vice Chairman. Hesaid he was also serving on the Grievance Resolution Committee.

    Parks Capital   – No Report.

    Public Safety   – Ms. Klinetob stated the Public Safety Committee had not met since November.

    Public Services and Environmental    –  Ms. Klinetob reported the Public Services & EnvironmentalCommittee would be meeting tomorrow morning.

    Transportation and Land Use/MPO  – Ms. Lafer reported that the Transportation and Land Use Committeemet, reorganized and Jeff Luck was elected Chairman. Topics discussed at the meeting includedregional bike paths and their development, new grants recently obtained, or those they are looking for,and the need for new education.

    Staff/Committee Reports – Mr. Fountaine stated he had nothing to report.

    Student Representative – Mr. Garfield reported that the UPUA first meeting of the year would take placelater that week. He also reported there was an upcoming Student/Borough Advisory meeting planned

    later in the month. They also planned a second walk with Borough staff, residents and students to look atlighting in the neighborhoods.

    Items of Information  – There were no additional items of information to be discussed.

    Adjournment  – The meeting adjourned at 8:51 p.m.

    Respectfully submitted,

     ____________________________Sharon K. Ergler Assistant Borough Secretary

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    State College Borough Council

    Summary Information for the Award of Bid

    Project Number: Project Name: Contract Tree PruningDate Prepared: January 30, 2015 Prepared By: Alan W. Sam, Borough Arborist

    Proposed Meeting Date:  February 9, 2015Deadline for Action:  March 2, 2015

    1. Time/Date of Bid Opening: 11:00 AM on Wednesday, January 28, 2015

    2. Project Description: This project includes contract pruning along the following streets:

    Westerly Parkway from S. Atherton to Borough line (Block A)

    South Atherton Street from College Ave. to Science St. (Block B)

    University Drive from E. Foster Ave. to S. Atherton St. (Block C)

    Ridge Ave. from Sunset Rd to Franklin (Block D)

    Waupelani Drive from S. Allen St. to Whitehall Rd. (Block E)

    South Sparks Street from Westerly Pkwy to Saxton Dr., all ofWindsor Ct, and all of Storch Rd. (Block F)

    3. Advertisement for Bids: January 9 & 16, 2015

    4. Number of Bid Packages Released: 10

    5. Arborist’s Cost Estimate:  $103,000

    6. Amount Budgeted/Funding Sources for Project:$103,000 available inAccount #B101-16-74-00-0000-000-68257

    7. Bids Received:

    Bidder Total Amount

    a. Dincher & Dincher Tree Surgeons $135,830.00Bernie Dincher, OwnerWilliamsport, PA

    8. Anticipated Notice to Proceed:  N/A

    9. Anticipated Completion Date:  N/A

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    11. Other Background Information:  The Contract is separated into smaller blocks to allow forincreased competition. Bidders do not have to bid on all blocks to be considered and awards aregranted to the lowest bidder on each block. Since it was anticipated the bids would come in over$100,000, the project was put out as a Prevailing Wage project. Dincher & Dincher was the only bidder on all six blocks with an average price of $234 per tree. Last year the average price pertree was $192 and over the previous four years the average price was less than $100 per tree. 

    12. ABC Review and Comments:  None

    13. Solicitor Comments:  None

    14. Staff Recommendation and Reason:  The Public Works staff recommends that Council rejectthe single bid from Dincher & Dincher Tree Surgeons due to being significantly over budget andthe lack of competing bids. Staff also recommends Council authorize staff to rebid the projectwith fewer blocks. 

    The amount of $103,000 is available for Contract Tree Pruning in Account #B101-16-74-00-0000-000-68257.

    Block # of Trees Dincher & Dincher

    A 106 $25,400.00

    B 146 $33,870.00

    C 138 $28,670.00

    D 46 $16,720.00

    E 102 $22,020.00

    F 42 $ 9,150.00

    Total 580 $135,830.00

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    State College Borough CouncilSummary Information for the Award of Bid

    Project Number:  16-2015Project Name: College/Pugh Ped Improvements and Paving, and Beaver/Pugh; Beaver/Locust

    PavingDate Prepared: January 30, 2015 Prepared By:  Anthony M. Marusiak, Assistant Borough EngineerProposed Meeting Date:  February 9, 2015

    Deadline for Action:  March 2, 2015

    1. Time/Date of Bid Opening: 11:00 AM on Tuesday, January 27, 2015

    2. Project Description: The project includes concrete sidewalk, curb ramp, and paving at the intersection of EastCollege Avenue and Pugh Street, and paving at the intersections of East Beaver Avenue and Pugh Street, and EastBeaver Avenue and Locust Lane. A portion of the project includes sidewalk and ramp work on the North side ofCollege Avenue for which Penn State has agreed to pay.

    3. Advertisement for Bids:  Advertised on January 13 and January 16, 2015 in the Centre Daily Times inaccordance with the Purchasing Ordinance

    4. Number of Bid Packages Released: 11

    5. Engineer’s Cost Estimate: $211,860.00

    6. Amount Budgeted/Funding Sources for Project: $800,000 bond issue and $75,000 PSU 

    7. Bids Received:

    Bidder Base Bid Amount Alternate A Amount

    a. R.C. Bowman, Inc. $216,840.00 $209,800.00Richard C. Bowman, IIIMill Hall, PA

    b.  Ameron Construction Company, Inc. $230,482.50 $227,979.50Michael A. Fiore, Exec Vice PresidentState College, PA

    c. Glenn O. Hawbaker, Inc. $273,575.00 $271,575.00Daniel R. Hawbaker, PresidentState College, PA

    d. G & R Charles Excavating, Ltd. $299,965.81* $274,285.24*Ross A. Charles, PartnerPort Trevorton, PA

    * Contractor did not acknowledge Addendum #1

    8. Anticipated Notice to Proceed: May 11, 2015

    9. Contract Construction Time: The project was bid with two project time lengths. The BaseBid represents a 30 day construction schedule and Alternate A represents a 45 day constructionschedule. Based on the cost savings, and understanding a 45 day work schedule will still see the projectcompleted after the PSU students leave and before the Festival of the Arts, staff recommends thatCouncil award Alternate A.

    10. Anticipated Completion Date: June 24, 2015

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      11. Other Background Information: The project is the completion of the Pugh Street StreetscapeProject which started in 2014. Due to the waterline work being conducted in the south lane of College Avenue last summer, it was impossible to complete the concrete work at the College/Pugh intersectionbefore the PSU students returned for the fall semester. Also, due to delays in receiving the PENNDOTHighway Occupancy Permit, and manufacture and delivery of traffic signal poles, the paving of theintersections of Beaver/Pugh and Beaver/Locust could not be completed prior to student arrival. In orderto limit impacts to downtown businesses, safety concerns with the dramatic increase of vehicular andpedestrian traffic in the fall, as well as the challenge to schedule work around PSU home football games,staff approached the contractor to delay this work until May of 2015. The contractor informed staff that

    there would be a considerable charge to remobilize to the site and agreed that this work be removed fromthe contract and rebid.

    Based upon the recommended 45 day contract time the Borough’s portion will be $133,010.00 and PSUwill be responsible for $76,790.00. The difference between the 2014 project and this project is $5,240.92more for the Borough; however it is considerably less than the fee in order for the 2014 contractor toremobilize.

    12. ABC Review and Comments: N/A

    13. Solicitor Comments: N/A

    14. Staff Recommendation and Reason:  The Public Works staff recommends that Alternate A (45 day

    project schedule) be awarded to R.C. Bowman, Inc., the low bidder, in the amount of $209,800.00, ofwhich $76,790.00 will be billed to PSU.

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    State College Borough Council

    Policy Briefing Summary

    RE:  Atherton/Park Intersection - No Turn on Red Sign

    Date Prepared: February 4, 2015 

    Prepared By: Amy J. Kerner, P.E.Proposed Meeting Date:  February 9, 2015

    Deadline for Action:  N/A

    I. Request/Issue Needing Council Action

    Council is requested to pass a resolution as a requirement of PENNDOT in order to replace the

    existing No Turn on Red Sign from 6:00 am to 9:00 pm to a No Turn on Red Sign at all times atthe intersection of Atherton Street and Park Avenue.

    II. Current Policy and/or Practice

    In November 2005, the Borough requested and received approval from PENNDOT to erect a NoTurn on Red Sign from 6:00 am to 9:00 pm for Northbound Atherton traffic turning right onto

    West Park Avenue. The sign placement is noted on the Traffic Signal Permit Plan for this

    intersection.

    III. Other Background Information

    Recently, the Borough has received complaints about the vehicle conflicts with pedestrians whenthe time restrictions. Comments received noted that many motorists neglect the time restrictions

    of the sign and make the Right Turn on Red at all times of the day.

    The legal time for pedestrians to cross the south side of the intersection is when Park Avenue hasthe green signal, which is when those traveling north are looking to make a Right Turn on Red.

    The two lanes of vehicles traveling north often obscure the view of pedestrians for those drivers

    in the Right Turn Lane.

    IV. Financial Impact on Budget

     No financial impact on the budget is anticipated since PENNDOT has agreed to install the newsign, once approved and the Borough will be responsible for the continued maintenance of the

    sign, as it is with the current sign.

    V. Authority, Boards and Commission ReviewThis issue was not presented to any Authority, Board or Commission; however, consideration of

    the sign in 2005 was discussed by the Transportation Commission.

    VI. Staff Recommendation and ReasonStaff recommends that Council approves the Resolution for the installation of the No Turn on

    Red Sign, at all times, at the intersection of North Atherton Street and West Park Avenue.

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    RESOLUTION _____

    RESOLUTION AUTHORIZING THE INSTALLATION OF

    REGULATORY SIGN ON NORTH ATHERTON STREET

    AT WEST PARK AVENUE

    WHEREAS, the Borough of State College, Centre County, desires to erect,

    operate and maintain a regulatory No Turn on Red sign on North Atherton Street at WestPark Avenue to prohibit Right Turns on Red at any time.

    NOW, THEREFORE, BE IT RESOLVED, the regulatory sign be erected at theabove mentioned location, subject to the approval of the Secretary of Transportation, and

    that his approval is hereby requested, and

    BE IT FURTHER RESOLVED that, in the event this request is approved after proper investigation, the State College Borough will be bound by the following

     provisions:

      The sign shall be installed and maintained in accordance with the Vehicle

    Code and the Regulations for traffic signs, signals and markings of the

    Department of Transportation; and,

      Should future highway or traffic conditions, or legal requirements,

    necessitate alteration of the construction or operation, or hours of

    operation, or removal of the sign at the above mentioned location, it shall

     be altered or removed when and as directed by the Secretary of

    Transportation.

    Resolved this day of February, 2015.

    ATTEST: BOROUGH OF STATE COLLEGE

    Sharon K. Ergler James L. Rosenberger

    Assistant Borough Secretary President of Council

    EXAMINED AND APPROVED as a Resolution this day of February,2015.

    Elizabeth A. GorehamMayor

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    State College Borough Council

    Policy Briefing Summary

    RE:  Sidewalk closure request

    Fraser Center

    Date Prepared: February 3, 2015Prepared By: Mark A. Whitfield, Public Works Director

    Proposed Meeting Date:  February 9, 2015

    Deadline for Action:  February 9, 2015

    I. Request/Issue Needing Council Action 

    The L.S. Fiore, Inc, project manager Fraser Center has requested to close sidewalk along their property during the construction of foundations. Sidewalks along north side of West Beaver

    Avenue between Miller Alley and South Fraser Street adjacent to the property would be closed.

    II. Current Policy and/or Practice

    Council must authorize any obstruction of streets and sidewalks.

    III. Other Background Information

    Due to safety concerns, the project manager believes the sidewalk closure is necessary during demolition

    and construction of the foundation walls, and staff agrees. Once the foundation walls are constructed tograde, staff recommends that the sidewalk be opened with a covered protective walkway, and access

    restricted only during active work hours. Council approved the closure of the sidewalks along the westside of Fraser Street for this project in October 2014.

    IV. Financial Impact on Budget

     None.

    V. Authority, Boards and Commission Review

     None required.

    VI. Staff Recommendation and Reason

    Staff recommends Council approve the closure, and authorize staff to have the property owner re-open thesidewalks with a protective roof once the foundation is constructed to grade level and it is deemed safe to

    re-open. Sidewalks would remain open during construction, but may be periodically closed during active

    work times.

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    State College Borough Legislative Priorities 2015-2016

       F   e    d   e   r   a    l   I   s   s   u

       e   s

    Support the National League of Cities Legislative Agenda 

    Fund Community Development Block Program and Other Programs

      Support sufficient funding in any appropriations measures involving federal support for local

    housing programs, crime programs, and transportation funding  Support increased funding for the Community Development Block Grant Program

      Participate in the debate over funding formula change and oppose proposals to remove

    students from the funding formula 

    Fund Permanent Transportation Infrastructure

     

    Support legislation to establish a permanent, elastic funding base for the provision of

    federal/state/local roads, bridges and public transportation systems

    Unfunded Mandates

      Provide full funding or revenue authority for all mandates imposed by the Congress and/or

    Agencies of the Federal Government 

       S   t   a   t   e    I

       s   s   u   e   s

    Expand Local Fiscal Authority

      Local Option for County/Regional/Municipal 10% Tax on the retail sale of alcohol

      Expanded local tax options for municipal government, including but not limited to:

    o  Local sales tax option

    o  Local hotel tax option

     

    Support expansion of the Earned Income Tax base to include personal income

     

    Support legislation to provide payment in lieu of taxes for communities that host tax exempt

    property

      Support local revenue sources for economic development

    Support the Pennsylvania League of Cities Legislative Agenda

    Collective Bargaining and Pension Reform1.

     

    Support Act 111 Reform

    2.  Support Public Safety Pension Reform

    Unfunded Mandates

    Provide full funding or revenue authorization for all mandates imposed by the GeneralAssembly and/or State Agencies

    Transportation and Traffic Safety

      Support legislation to authorize local adoption of red light camera enforcement and radar

    speed enforcement. 

    Support Public Safety

      Support legislation to provide local authority to restrict firearms in local parks and in local

    government buildings. 

       S   t   a   t   e    a

       n    d

     

       F   e    d   e   r   a    l

     

    Fund Affordable Housing Initiatives

     

    Support expanded funding in support of employer programs to assist with housing costs  Support funding for creation of affordable housing units for both homeownership and rental

      Support continuation of funding for HOME

      Support partnerships to expand affordable housing options in the community

    Fund Specific Economic Development Initiatives 

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    2014-2015 National League of Cities Federal Action Priorities

    With input from NLC’s membership, NLC’s leadership selected this federal agenda to guide NLC’s

    advocacy efforts on Capitol Hill and with the Administration for 2014-2015. The agenda emphasizes the

    connected nature of federal action and local economic efforts and helps cities drive forward an agenda

    that will empower people and businesses to make investments and see innovation explode in cities.

    Support Marketplace Fairness 

    NLC calls on Congress to pass the Marketplace Fairness Act to place brick-and-mortarcommunity businesses on a level playing field with online retailers and affordconsumers more choice through fair competition.  

     Allowing local governments the flexibility to collect the taxes already owed to them on remote onlinepurchases removes an unfair disadvantage for local businesses, while helping cities close budget gaps.Collecting owed sales taxes means more money for basic services, such as roads and police officers,without increasing the overall federal deficit.

    Invest in Local Transportation PrioritiesNLC urges Congress to authorize a new, long-term federal surface transportation

     program that recognizes the central role of transportation to metropolitan and regionaleconomies and includes local voices in planning and project selection.

    With a strong federal partnership, cities can continue transportation and infrastructure investments thatensure everyone in our communities has access to education, training and employment. The programmust provide cities a greater role in decision-making for transportation projects to meet community goalsand recognize the role of metropolitan economies to the nation's economic wellbeing andcompetitiveness. The overall transportation system must be made more efficient, including upgrades toolder systems and the addition of new modes like light rail and bus rapid transit.

    Protect Municipal Bonds 

    NLC opposes any attempt to eliminate or limit the traditional tax exemption for municipalbonds, whether as a part of a deficit reduction plan, a push for comprehensive taxreform or as an offset for new spending.

     As the Administration and Congress look for revenue to reduce the deficit and still fund programs, thefederal income tax exemption provided to interest paid on state and municipal bonds (debt) is underthreat. In addition to increasing taxes, the federal government can raise revenue by expanding what issubject to being taxed (broadening the base); as an alternative to raising taxes, interest paid on bondsissued by local governments currently not taxed could lose their exemption from taxation.

    Fix The Nation's Broken Immigration System 

    NLC calls on Congress and the Administration to pass a comprehensive immigrationreform bill that will fix the nation's broken immigration system that hurts families,communities and our economy.

    For far too long, our immigration system has torn apart families, allowed cultural misunderstandings tothreaten our communities and held back economic growth by keeping a substantial population from beingable to fully participate. Cities need a plan for comprehensive immigration reform that includes a path tocitizenship, strong border enforcement and support for cities and towns to integrate immigrants into theircommunities and allow them to make both cultural and economic contributions to the nation.

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    Strengthen the Nation's Education Pipeline 

    NLC seeks to partner with the Department of Education to strengthen the education pipeline, from early childhood opportunities through improved postsecondary success. 

    That means increasing the visibility, understanding, and appreciation of the role that cities can play inleading educational change by advancing strong early childhood opportunities, citywide high-qualityafterschool programs, and strategies to improve postsecondary success rates. NLC needs Congress toreauthorize the Elementary and Secondary Education Act (ESEA), which includes important educationprograms such as Title I, so that states and localities will have the tools they need to improve their localeducation systems. A strong federal-local partnership will acknowledge that the best education decisionsare made at the local level, and will leverage the expertise of the federal government.

    Support Community Resilience 

    NLC urges Congress and the Administration to help local governments conductvulnerability assessments, and develop and implement adaptation and resilience action

     plans.

     As extreme weather events become more common, local governments in all geographic and climaticregions are looking for resources to assist them in anticipating, preparing for and adapting to theseevents. This call to Congress includes passing the STRONG Act (Strengthening the Resiliency of ourNation on the Ground). Cities need stronger federal support to leverage resources most effectively, learnfrom and act on the latest information available on climate change and find ways to partner with regionaland state agencies that encourage smart planning.

    2015 NLC National Municipal Policy

    The 2015 edition of  NLC's National Municipal Policy is available online. The National Municipal Policy is acollection of NLC's positions on federal actions, programs, and legislation that directly impactmunicipalities and guide all of NLC's federal advocacy efforts. The 2015 National Municipal Policyincorporates changes approved by NLC's membership during its Annual Business Meeting during the

    recent Congress of Cities in Austin, Texas. A summary of the changes to policy and new resolutionsapproved during that meeting is also available online.

    NLC’s National Municipal Policy 

    http://www.nlc.org/influence-federal-policy/resources/national-municipal-policy 

    Summary of Policy Changes and New Resolutions

    http://www.nlc.org/Documents/Influence Federal Policy/FR Update Files/2014/2014 ABM Executive

    Summary FINAL.pdf

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    RESOLUTION 944

    DECLARATION OF THE BOROUGH OF STATE COLLEGE AS A

    CLIMATE PROTECTION COMMUNITY

    WHEREAS, the first United Nations Conference on Environment and Development,also known as the first Earth Summit, was held in 1992 and attended by 108 Heads ofState from around the world for the purpose of discussing the effects of global warming;and

    WHEREAS, in December 1997, the Kyoto Protocol was formalized as part of the UnitedNations Framework Convention on Climate Change, setting mandatory targets forreduction of greenhouses gases for signatory nations; and,

    WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement toaddress climate disruption, went into effect in the 141 countries that have ratified it todate; 38 of those countries are now legally required to reduce greenhouse gasemissions on average 5.2 percent below 1990 levels by 2012; and

    WHEREAS, to date the United States has not yet become a signatory to the KyotoProtocol, and

    WHEREAS, in June 2005, the U.S. Conference of Mayors unanimously adopted strongpolicy resolutions calling for cities, communities and the federal government to takelocal actions to reduce global warming pollution; and

    WHEREAS, in December 2005, the Municipal Leaders Summit on Climate Change,with 37 countries participating, also asserted the need for global action and thedevelopment of local initiatives; and

    WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the internationalcommunity’s most respected assemblage of scientists, has found that climate disruptionis a reality and that human activities are largely responsible for increasing

    concentrations of global warming pollution; and

    WHEREAS, recent, well-documented impacts of climate disruption include averageglobal sea level increases of four to eight inches during the 20th century; a 40 percentdecline in Arctic sea-ice thickness; and nine of the ten hottest years on record occurringin the past decade; and

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    WHEREAS, climate disruption of the magnitude now predicted by the scientificcommunity will cause extremely costly disruption of human and natural systemsthroughout the world including: increased risk of floods or droughts; sea level rises thatinteract with coastal storms to erode beaches, inundate land, and damage structures;more frequent and extreme heat waves; more frequent and greater concentrations of

    smog; and

    WHEREAS, the United States, with less than five percent of the world’s population, iscurrently generating approximately 25 percent of the world’s global wa