MARTINSBURG BOROUGH COUNCIL MINUTES
DECEMBER 3, 2007
The regular meeting of the Martinsburg Borough Council was held on Monday, December 3, 2007, in the municipal building. The meeting started at 7:00 p.m. with prayer by Randy Stoltz and the Pledge of Allegiance.
ELECTED OFFICIALS PRESENT: Mayor Donald C. Greenleaf, President Robert A. Carper, Pro-tem Nathan P. Ormsby, Councilwoman Doreen K. Easly, Councilwoman Suzanne B. McNally, and Councilwoman Linda K. Smith
ALSO PRESENT were Manager Randy Stoltz, Borough Secretary Jane Staily, Attorney Frederick Gieg, Jr., Sgt. Justin Davis, Richard Brantner, Jr., Rex Hartman, Connie Lamborn, and Sharon Snyder of the Morrison’s Cove Herald.
The MINUTES of the regular meeting of November 5, 2007 were approved on a motion by Nathan Ormsby, seconded by Linda Smith. The motion passed unanimously.
The FINANCIAL AND TREASURER’S REPORTS were presented for November 2007 as written.
The LIST OF BILLS for November 2007, check nos. 3942-4004 in the amount of $115,089.69 (including an $85,000.00 PLGIT investment) was approved on a motion by Doreen Easly, seconded by Nathan Ormsby. The motion passed unanimously.
Mayor Don Greenleaf reported that Chief Hoover’s sister Bonnie Dilling just recently passed away. She was very community minded. The entire police department is planning to attend her viewing together. Flowers will be sent on behalf of the borough.
Sergeant Justin Davis presented the police report as written. He reported on the scheduled viewing times for the Bonnie Dilling funeral on Wednesday. The department has seen an increase in the drug activity this past month. The drug safety program in conjunction with Roaring Spring police department will be canvassing the area businesses to purchase drug awareness material for the elementary and middle school children. There will be more information for council to review next month. Chief Hoover will be away from his job all week to contend with the passing away of his sister. Sergeant Davis expressed his appreciation to the borough crew for their assistance with various incidents today.
Suzanne McNally reported on the abundance of ducks on Spring Street and how it is becoming a nuisance. There was a large duck round-up years ago to resolve the problem. They are attracted to that area by residents feeding them.
Manager Stoltz reported that he attended a Cove Area Regional Digester meeting in Harrisburg to discuss the discharge permit and the carbon credit program - the cove is the first project of this kind to try to get a discharge permit – the meeting went well; borough residents have been responding to the tree trimming letters that were sent out; the street sweeper was run a few times; House Bill 2018 will soon be voted on – it is proposing to take the tax money imposed by the Johnstown flood in the 1930’s and give it to municipalities who have 17% or more of non-taxable real-estate tax base – a copy of the bill was given to Attorney Gieg; and Manager Stoltz expressed his sympathy on the loss of Bonnie Dilling – he had the privilege of working with her during the building of the EMS station and feels her departure is a real loss to the community.
Attorney Gieg reported that Attorney Miller comprised a brief letter to the council explaining that Richard Bice, Judge of Elections, was ineligible to be appointed as an interim auditor.
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DECEMBER 3, 2007 – PAGE 2
Attorney Gieg sent a copy to the borough of the Martinsburg Volunteer Fire Company’s legal opinion he issued them necessary for the lease agreement for the new fire truck. The Huston Township police agreement committee did not meet yet. Chief Hoover drafted a new proposal together but Nathan Ormsby has not had a chance to read it yet. Attorney Gieg felt it shouldn’t be a problem if the agreement wasn’t finalized until January since our police department had a good working relationship with Huston Township, especially since we’ve signed it late in years past. Attorney Gieg sent Randy a copy of Frankstown Township’s cable franchise agreement. The draft was sent to Atlantic Broadband but they have not responded yet. The 2008 tax ordinances have been advertised for adoption this evening.
Nathan Ormsby was unable to attend the November authority meeting. He praised the Morrisons Cove Herald for the good job they did on reporting on the authority meeting. The proposed nitrate removal system was discussed.
The 175th Anniversary Committee will soon be having their last meeting. An ad will be placed in the Morrisons Cove Herald to let the community know that they still have T-shirts, CD’s and doorstops available for purchase. People are encouraged to place an entry in the memory book. A representative from the Heinz History Center in Pittsburgh offered their assistance to our borough if we needed any help in preparing our time capsule for our 175th anniversary.
Linda Smith reported that the Revitalization Committee met on November 26. They decided to place an article in the newspaper in request for donations for the mural to be painted in the spring on the bakery building in town center. The Boosters already donated $1,000 for the mural. The committee inquired about the Martinsburg Industrial Corporation. Manager Stoltz explained that the organization typically gives money to businesses to get them off the ground. A formal written proposal to the organization was suggested if the committee wanted to request money from them. In request for monies from the borough, it was stated that the borough was already planning to expend, in addition to the purchase of the new municipal sign, to have some landscaping done around it. The next meeting of the committee was scheduled for Monday, January 7 at 1:00 p.m. at the Manor House. Bob Carper expressed his appreciation for the Christmas planters that were placed around town by the committee to spruce up town center.
On a motion by Nathan Ormsby, seconded by Doreen Easly, council voted to pay off the 2008 Ford Crown Victoria police car in full in the amount of $14,398.64 made payable to Ford Motor Credit Company from the equipment fund. The motion passed unanimously.
On a motion by Suzanne McNally, seconded by Doreen Easly, council approved of the following year 2008 meeting dates to be advertised. The motion passed unanimously:
JAN 7 FEB 4 MAR 3 APR 7 MAY 5 JUN 2
JUL 7 AUG 4 SEP 2 (Tues) OCT 6 NOV 3 DEC 1
Attorney Gieg prepared an Opinion of Lessee’s Counsel letter for the Martinsburg Volunteer Fire Company as part of their Lease and Option Agreement with First Bankers Corportion. The fire company will be borrowing a portion of the money required to purchase a Crimson Fire Aerial truck. The entire cost of the truck is $645,849.00, but they only need to borrow $210,000.00. Council on a motion by Nathan Ormsby, seconded by Suzanne McNally, approved to sign the certificate of approval stating that the fire company will not exceed borrowing $645,849.00 of the principal to finance the truck. The document states that execution of the document in no way
MARTINSBURG BOROUGH COUNCIL MINUTES
DECEMBER 3, 2007 – PAGE 3
creates liability on the part of Martinsburg Borough and Martinsburg Borough is not responsible for the repayment of any obligations [of the fire company]. The motion passed unanimously.
Council, on a motion by Nathan Ormsby, seconded by Suzanne McNally, adopted Ordinance No. 2007-569 maintaining the 2008 Real Estate Tax at 24-mills (1-mill increase). The motion passed unanimously.
Council on a motion by Doreen Easly, seconded by Linda Smith, adopted Ordinance No. 2007-570 to maintain the 2008 Per Capita Tax at $5.00. The motion passed unanimously.
On a motion by Suzanne McNally, seconded by Doreen Easly, council adopted Ordinance No. 2007-571 to maintain the 2008 Earned Income Tax at 5-mills. The motion passed unanimously.
Council on a motion by Doreen Easly, seconded by Linda Smith, adopted the 2008 Budget as advertised. The motion passed unanimously.
On a motion by Nathan Ormbsy, seconded by Doreen Easly, council voted to make a contribution of $200 to the Toys for Kids Fund for 2007. The motion passed unanimously.
A Resolution 2007-1203-02 was presented by President Carper to Linda K. Smith in appreciation of her service to the community by fulfilling the remainder of Sheldon Smith’s unexpired term ending January 7, 2008.
Manager Randy Stoltz presented a Resolution 2007-1203-01 on behalf of the Mayor and the citizens of Martinsburg to Bob Carper in recognition of his 16 years on council. He was also presented with a plaque.
A copy of Attorney Gieg’s correspondence was included in the agenda stating that it was not necessary to research the issue of whether a Judge of Elections can be appointed to fill the vacancy of another elected official for a short term since under municipal law an interim auditor can only be appointed if there are two (2) vacancies out of the three positions; there, Cindy Meck will be the third auditor as appointed last month.
Correspondence was received from Atlantic Broadband encouraging the borough to contact Commissioner Roger Goodell and the NFL to authorize KDKA to air the Steelers vs. Rams game on television in response to the NFL’s recent decision to black out the December 20th game in the Johnstown/ Altoona area. It was the consensus of council to approve of Manager Stoltz to execute the form letter.
A thank you note was received from the D. Merl Tipton VFW Post 43 for the borough’s donation of $300.00 to Operation Uplink
President Robert Carper welcomed Connie Lamborn and Rex Hartman on to council. They will start their terms in January 2008.
The meeting adjourned at 8:00 p.m. on a motion by Nathan Ormsby, seconded by Doreen Easly. The motion passed unanimously.
Respectfully submitted,
M. Jane Staily
Secretary