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Meeting Agenda

State College Borough Council


Regular Meeting/Work Session
Monday, February 9, 2015
7:30 p.m.

I. Call to Order
II. Moment of Silence and Pledge of Allegiance
III. Roll Call
Elizabeth A. Goreham, Mayor
James L. Rosenberger, President of Council
Thomas E. Daubert
Catherine G. Dauler
Sarah Klinetob
Theresa D. Lafer
Peter Morris
Evan Myers
IV. Public Hour - Hearing of Citizens
Anyone in the audience wishing to address Council with an item that is not on the
agenda should ask to be recognized at this time. Each speaker will have four
minutes to present comments to Council.
V. Proclamations
A. THON Proclamation - Mayor Goreham will present a proclamation to Aly
Young, 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 September
2014. The interns spent time in each of the departments gaining insight into those
areas, 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 for
Council 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 following
consent items. (Attached to the agenda beginning on Page 15
is the
background 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. [Page
23 ]
D. Award Alternate A (45-day project schedule) for Project #16-2015 College/Pugh
Pedestrian Improvements and Paving, and Beaver/Pugh; and Beaver/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 25 ]
E. Appoint or reappoint the following individuals to various Authorities, Boards and
Commissions:
Name of ABC
Authorities Board
Board of Health
Tree Commission
Rental Housing Revocation Appeal
Board
Centre County Housing & Land
Trust
Spring Creek Watershed
Commission

Persons Name
Michael Egan
Linda Greenly-Finch
William Elmendorf
James Lee

Appointment
Appointment
Reappointment
Reappointment
Appointment

Date of Expiration
December 31, 2019
December 31, 2019
December 31, 2017
December 31, 2017

Edward LeClear

Appointment

Indefinite Term

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.), on Sunday, August 2, 2015 with conditions. Both races are being
sponsored by the Pennsylvania State University Cycling Club. The award
ceremony for these races will take place in the Sydney Friedman Park. [Page
27 ]
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 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 5k
Race/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 in
order 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 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.
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 made
due to concerns for pedestrian safety during excavation and construction work
at the site. A copy of the request is on Page 53. Staff recommends approval of
the requested condition upon the adequate signage for a pedestrian detour, as
determined by the Borough Engineer. Staff also recommends that upon the
completion of the foundation of the Fraser Centre to grade level, that a
protective cover is constructed over the sidewalk area and the sidewalks be
reopened to the public.
Staff Recommendation: Staff recommends approval of the request with the
conditions listed above.
C. Adoption of 2015-2016 Legislative Priorities
Council is asked to complete its review of the Legislative Priorities and adopt
the document to provide guidance for Council, the Mayor and staff to use in
communicating with state and federal representatives.
The 2015-2016
Legislative Priories document is generally identical to the priorities established
for 2014, and was discussed by Council at their January 12, 2015 meeting.
Several members of Council expressed concern about the Act 111 Reform and
the public safety pension reform proposals that are included in the
Pennsylvania Municipal League priorities for 2015, and the language
addressing state and federal unfunded mandates to local government.
Additional information on the Act 111 Reform legislation, and the public safety
pension legislation, is included with the agenda. Also, a minor modification to
the unfunded mandate language is provided to clarify that the objective of the
unfunded mandates provision is for the state and federal government to either
fund or provide revenue authority to fund those unfunded mandates that are
imposed on local governments.

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The legislative priorities represent Borough Councils goals for legislation that
directly relates to the governance of the Borough of State College, and other
municipalities generally. The legislative priorities document is intended to
provide guidance for elected officials and staff in their discussions with state
and federally elected officials in the upcoming sessions of Congress and the
General Assembly.
Council is asked to review the document and take action to adopt the
Legislative Priorities in preparation for a meeting with state and national
representatives and the National League of Cities Congressional City
Conference scheduled in early March. During its discussion, Council should
also make any amendments to the proposed document that it deems
appropriate 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 will
include the following:
2014 Preliminary Year-End Financial Report (unaudited)
2016 Preliminary Budget Forecast
January 2015 Budget Report
Borough staff will be discussing the budget process at the Management Team
Retreat later in February. Following the retreat, the Manager will have
additional information and recommendations for Council to review in connection
with 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 be
included 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 State
College Borough as a Climate Protection Community. The Resolution included
a list of primarily municipal based goals consistent with climate change
mitigation strategies. State College Borough pursued a number of projects
over the next six years to meet these goals. The report, "Greenhouse Gas
Mitigation, 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 been
developing a new set of goals and objectives, many of which are community
based and will require different strategies to achieve. Alan Sam, the Borough's
Environmental Coordinator, is in attendance tonight to summarize our efforts to
date and present a strategy for moving forward. [Page 97 ]
This is a report only. No action is required at this time, although staff is looking
for 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 evaluate
requests to establish small, neighborhood parks, commonly referred to as
Pocket Parks. A presentation was made to Council in July 2014, defining what
a Pocket Park was. A draft policy was later presented to Council, the Planning
Commission 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 Pocket
Park 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 the
State College Area School District High School at Councils February 2, 2015
meeting.
At that meeting, Council authorized the Borough Solicitor to prepare a draft
Findings of Fact and Decision based on the testimony at the public hearing and
Councils deliberation on the application. The draft Findings of Fact and
Decision is attached beginning on Page 107. Council will consider final action
on the matter at the March 2, 2015 meeting.
Staff Recommendation: Staff recommends Council approve the SCASD
Conditional Use Application.
XI. Official Reports and Correspondence
A. Mayors Report
B. Presidents 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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JaiaClinghamDavid
ReportontheBoroughsEnvironmentallySustainableActions

VerbalOverviewofMyExperience

PreviousActions
In2007,theBoroughofStateCollegepassedResolution944,declaringStateCollegeas
aClimateProtectionCommunity.Thisresolutionincluded17goalswithinmunicipal
operationsandfivecommunitygoalsconsistentwithclimatechangemitigationstrategies.
InAprilof2010,StateCollegeManager,ThomasJ.Fountaine,establishedtheManager's
CommitteeonSustainability,anactionbasedemployeetaskforce,toincreasecollaboration
betweenmunicipaldepartmentsonissuesregardingtheeconomicvitality,environmental
sustainability,andcommunityresilienceofStateCollegeBorough.TheSustainability
Committeeseekstodevelopinitiativesaimedatincreasingstaffknowledge,developing
communitypartnerships,andfosteringsustainablebestmanagementpractices.
Since2007,theBoroughofStateCollegehastakengreatstepstodecreasetheirgreenhouse
gasemissionsandpromoteagreener,environmentallyawareresidency.Theyhavereceived
variousawardsfortheireffortsandcontinuetoleadthewayinsustainablepracticesin
municipalities.Beingrecognizedasaleaderintermsofenvironmentalprotectionhasallowed
theBoroughtoreceivegrantsandattendconferenceswhichallowthemtoremainonthe
forefrontofenvironmentallyfriendlyinnovations.
Awards
TreeCity,USA
PennsylvaniaWasteWatcher
StateElectronicChallenge
BicycleFriendlyCommunity
EPAGreenPowerLeadershipClub
Projects
AllenStandBarnardStRainGardens
Stormwaterrunoffisonethebiggestproblemsfacingwaterways.Itleadstodegraded
waterquality,lossofhabitatandaquaticlife,increasedflooding,andstreamerosion.
Impervioussurfacesincreaserunoffthusincreasingtheflowinourstreams.
Raingardensaresmallplantedareasdesignedtoabsorbrainfallandrunoff,filter
pollutantsandsediments,reducewatertemperaturesfromseasonallyhotsurfaces
suchasasphaltandconcrete,createanaestheticallypleasingnaturalenvironment
andhabitatforwildlife,educatethecommunityonstormwaterbestmanagement
practices,andmitigatenegativeimpactsofurbanizationanddevelopmenton,inthis
case,theSpringCreekWatershed.
Holdingbacktherunoffwaterhelpspreventpollutantssuchasfertilizersfromwashing
intostormsewersandeventuallyintonearbystreamsandlakes.Byreducingthe
amountofwaterthatentersthelocalstormdrainsystems,raingardenscanalso
reducethechancesforlocalflooding.

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WesterlyParkwayWetland
Thewetlanddetainswaterafteralargeraineventtoallowthelowerreachesofthe
watershedtodrainawaybeforethisportionofwaterfromtheupperreachesofthe
watershedisreleased,allowingamoreconstantflowdownstream.The
facilityincludingthreeandahalfsurrounding,fencedoffacresfunctionsas
designed,butdoeslittletoimprovetheenvironmentoraestheticsinthisarea.
WithhelpfromthePADepartmentofConservationandNaturalResourcesand
BoroughPublicWorksstaff,trails,benches,gardens,andeducationalsignagewas
constructedinthewetlands.Theareaisopentopublicuse,allowingmembersofthe
communitytobecomeeducatedaboutthewetlandspurpose,strollthroughaunique
naturalarea,andobservevariouskindsofvegetationandwildlife.
AnothereffectofthewetlandcomesfromitslocationneartheStateCollegeAreaHigh
School.Numeroushighschoolbiologyclassesvisitthewetlandtoobservetheplants
inthewetland.Infact,9thgradebiologyteacherSusanBraunhasawholebulletin
boarddisplayingthestudentsfindingsintheWesterlyParkwayWetland.
WalnutSprings
Acheckdamwascreatedinordertofilteroutheavysedimentsinthestormwater
beforemovingdownstream.
Thischeckdam,aswellasthewetlandfurtherdownstream,decreaseserosionof
streambanks.
INI(InflowandInfiltration)
TheStateCollegeBoroughhastopayoutsidesourcesaccordingtotheamountof
sewagethatgoesthroughtheplant.Therefore,whenlargeamountsofrainwaterenter
thesewagelines,thecostforsewagetreatmentincreases.Flowmeterswereplaced
throughoutthesewagesystemtodeterminehowmuchinflowandinfiltrationwas
occurringandthenwascomparedtowaterusagedata.Onceareaswereidentified,
thepipesweresliplinedinordertopreventfreshwaterfromleakingin.TheBorough
isplanningtoupgradethesemetersandtostartworkonolderareasoftheBorough.
Theprojectitselfcost$300,000buttheBoroughstreatmentcostsaredownby
$500,000inunder9months.
FoodWasteCollectionandComposting
TheBoroughdevelopedafoodwastecollectionprogramtocollectandcompost
organicwastesfromitsresidents.InlateMarchof2013,eachStateCollegeBorough
residencereceivedanewrefusecartatnoadditionalcostforregulartrashand,for
thosechoosingtoparticipate,anadditionalcartforcurbsideorganicwastecollection.
Foodwastecollectionnotonlyimprovesgeneralsanitationandhealthofthe
communitybuthasasignificantenvironmentalimpactaswell.Drivingaroundthe
Boroughoncollectiondayisdifferentthandrivinginanyothertownshipasone
notices,alongwiththeregulargarbagebinandredrecyclingbin,ablackbinwitha
greentop.Mostresidentsareutilizingthefoodwastecollection,acknowledgingthe
significantefforttheBoroughistakingtoimprovethelocalandoverallenvironment.
OthertownshipsarebeginningtofollowsuittoimplementaprogramthattheBorough
pioneered.

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Thefoodwasteisaddedtothelargeamountofcollectedleavesthatturnsinto
compost.PattonTownshippays$47,200/yr.,FergusonTownshippays$33,005/yr.,
andCollegeTownshippays$16,172/yr.totheBoroughtodisposeofleavesonly.
Grassclippingsandbrusharemanagedatnoadditionalcosts.Contractswiththe
townshipswereexecutedin2005.
EnergyEfficientLightsandMotionSensors
In2007,theenergysectorproduced31%ofthetotalgreenhousegasemissionsinthe
Borough.LightsintheMcAllisterandBeavergarageswerechangedoutAugust2014
andthelightsinFraserwerebeginningtobereplacedinJuneandfinishedaround
Augustaswell.
LightsintheMunicipalBuildinghavebeenchangedfrom32Wto28WT8fluorescent
bulbsastheyneededtobereplacedovertheyears.28WT8fluorescentlamps
provideenergysavingsofupto15%versusstandard32W(PhilipsLighting
Company).
OccupancysensorswereaddedtoareasoftheMunicipalBuildingincludingall
storageandrestroomsandthecouncilchamberin2012.
Thecommissioningoflightingishappeninglaterthisyearwhichwillgiveusabetter
lookintohowtheenergyefficientlightsaffectedtheelectricusage.However,the
electricbillshowsthefollowingdecreasesinenergyusage,andcost,justafterone
monthaftertheswitch:

August

Sept

August

Sept

McAllister

5,252kWh

5,131kWh

$563

$382

Fraser

30,6000kWh

16,200kWh

$2,236

$1,197

Beaver

35,811kWh

32,105kWh

$2,598

$2,344

VariableSpeedDrive
Withinthemunicipalbuilding,severalheatpumpshavebeenreplaced,variablespeed
driveswereinstalledin2012toreduceenergysurgesthatincreasecosts.Thebuilding
iswellinsulatedanditsdesigneffectivelyusesdaylightingtocastnaturallightintothe
buildingsinterior.Aclosedloopheatpumpcontributestothereductioninnaturalgas
consumptiontoheatthebuilding.
Therehasbeenarounda50%energysavingson2ofthedrivessincethedrivesdo
nothavetorunwhennotneeded.
AlleghenyPowerandWestPennPowerbothofferrebatesonenergyefficient
applianceslikethisvariablespeeddrive.
PersonalRecycling
ThestaffattheBorougheachhaveapersonalrecyclingbin.Thismakesrecycling
easierandmorewidespreadwithintheBoroughitself.

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Intheaverageworkplace,about80to90percentofsolidwasteisactuallyrecyclable,
accordingtotheU.S.EnvironmentalProtectionAgency(EPA).InU.S.workplaces,
onetotwopoundsofpaperproductwasteisgeneratedonaverageeachday,
accordingtoKentForester,anenvironmentalprotectionspecialistattheEPA.
Establishinganofficerecyclinginitiativewon'tjustreduceyourcarbonfootprint,butit
couldalsosaveyourbusinessmoney.
Awasteauditpriortoimplementingtherecyclingprogram,Wecantoo,indicatedthat
77%ofthematerialdiscardedintothelandfillwasrecyclableorcompostable.Itwas
foundthatover50%couldbedivertedfromthelandfilljustbyrecyclingmixedoffice
paper(1.4tons)andcollectingcompostablematerials(2.8tons).
Hybridcars
Fuelefficientandcostcompetitivehybridcars.
Biketrailsandbikelanes
In2007,emissionsfromthetransportationsectorrepresentedthegreatestcontribution
togreenhousegasemissionsinStateCollegeBorough,at37%oftotalemissions.
WhenstudentsofGeography493,ServiceLearning:
TheCentreCountyCommunity
EnergyProject
conductedfocusgroupstoidentifypotentialmethodsofreducing
greenhousegasemissions,onegroupsetthegoaltoachieveabicyclefriendlycity
status.
NowwhenrankingStateCollegeamongsimilarmunicipalitiesnationwide,residents
rateStateCollegeaboveaverageintermseaseofbustravelandeaseofwalkingand
slightlyaboveaverageineaseofbicycletravel.TheBicycleFriendlyCommunity
awarddemonstratestheBoroughseffortstocreatestrongbicycleinfrastructure.The
Boroughhascreatedmorebiketrails,bikelanes,andareastoparkbikes.
FurthermoretheBoroughitselfhasanewinhousebikeshareprogramwhere
employeeshaveasetofbikes.Actionsliketheseshowthecommunity,byexample,
howbikingisagreatalternativetodriving.
Trees
TheBoroughhasaround150varietiesofstreettreesandhas7,000totalstreettrees.
Thetreesimpactthewaterqualityandprovideshadetocoolthepavement.Atrees
abilitytooffsetcarbonemissionsisdeterminedbysize,canopycover,health,andage,
butlargetreescanhelplowercarbonemissionsintheatmosphereby23%.
Intherightcircumstances,whentreesarestrategicallyplantedtoprovideeithershade
ortoactaswindbreaks,theycangenerate1050%savingsincoolingexpensesand
422%savingsofheatingcosts.Thisreducestheamountofcarbonbasedfuelsused,
thereforereducingtheemissionsthatreduceairquality(Relf,D.(1996).Plants
ActuallyCleantheAir).
Moisturefromwoodlandsandtreesisemittedintotheair,coolingitandhelpingto
maketownsandcitiesmorecomfortableplacesinwhichtoliveandwork.Daytime
temperatureshavebeenfoundtobeabout23oClowerinalargeurbanparkthanthe
surroundingstreets(DepartmentforTransport,LocalGovernmentandtheregions.
(2002).GreenSpaces,BetterPlaces:FinalreportofTheUrbanGreenSpaces
Taskforce).

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Parksandstreettreeshavebeenfoundtobesecondonlytoeducationinresidents
perceivedvalueofmunicipalservicesoffered.PsychologistRachelKaplanfound
trees,welllandscapedgroundsandplacesfortakingwalkstobeamongthemost
importantfactorsconsideredwhenindividualschoseaplacetolive.
LEEDCertificationandPlanning
LEED,orLeadershipinEnergy&EnvironmentalDesign,isagreenbuilding
certificationprogramthatrecognizesbestinclassbuildingstrategiesandpractices.To
receiveLEEDcertification,buildingprojectssatisfyprerequisitesandearnpointsto
achievedifferentlevelsofcertification.Prerequisitesandcreditsdifferforeachrating
system,andteamschoosethebestfitfortheirproject.LEEDcertifiedbuildingscost
lesstooperate,reducingenergyandwaterbillsbyasmuchas40%.Businessesand
organizationsacrosstheglobeuseLEEDtoincreasetheefficiencyoftheirbuildings,
freeingupvaluableresourcesthatcanbeusedtocreatenewjobs,attractandretain
toptalent,expandoperationsandinvestinemergingtechnologies.
However,LEEDisaimedatnewconstruction.TheBoroughcanofferincentivesduring
thebuildingprocesssuchaspermittinggreaterheightorreducingparking
requirementsbuttheBoroughisprettymuchbuiltout,meaningthereisntalotof
spacefornewdevelopments.
Apossibleoptionforthefutureistoamendzoningordinancestomakebuildingsmore
green.Financialincentivescouldbegiventoexistingbuildingsbutthatcomesdownto
whetherthebudgetwouldallowsuchathing.Incentivesneedtobeabletoencourage
redevelopmentfrompropertyowners.

PotentialProblems
Difficultforataxbasedmunicipalitytoinvestinenvironmentalprojectswithoutfinancial
investmentsorreturns.
Manyprojects,althoughsignificantlybeneficialtotheenvironment,arecostprohibitive.

Importance
AstudydonebyJolandaMaas,RobertAVerhij,PeterPGroenewegen,SjerpdeVries
andPeterSpreeuwenberginvestigatedthestrengthoftherelationbetweenthe
amountofgreenspaceinpeopleslivingenvironmentandtheirperceivedgeneral
health.Thetotalpercentageofgreenspaceintherespondents'livingenvironment
wasmeasuredwithina1kmradiusandwithina3kmradiusaroundarespondent's
home,toseewhethergreenspaceclosebyhasastrongerorweakereffectthan
greenspacefurtheraway.Inareaswhere90%oftheenvironmentaroundthehomeis
green,only10.2%oftheresidentsfeelunhealthy,ascomparedwithareasinwhich
10%oftheenvironmentisgreen,where15.5%oftheresidentsfeelunhealthy.The
relationisequallystrongforthe1kmandthe3kmradius.Thisresearchhasshown
thatgreenspaceismorethanjustaluxury,andthedevelopmentofgreenspace
shouldthereforebeallocatedamorecentralpositioninspatialplanningpolicy.Healthy
planningshouldincludeaplaceforgreenspaceandpolicymakersshouldtakethe
amountofgreenspaceinthelivingenvironmentintoaccountwhenendeavouringto

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improvethehealthsituationofthepeople.
(
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2566234/
)
Astudyshowedthateverygreenenvironmentimprovedbothselfesteemandmood.
Thementallyillhadoneofthegreatestselfesteemimprovements(PrettyJ.,HineR.
andPeacockJ.(2006).GreenExercise:Thebenefitsofactivitiesingreenplaces.The
Biologist53(3),pp.143148).
Landscapeisthemeetingplaceofcultureandenvironment,theplaceswherewhatwe
seeisinfusedwithmeaningspastandpresent,engenderingmemoriesandfeelings.
Thehumanpsychehasretainedastrongpreferencetowardsthenaturallandscapes
oftrees,grassandwateritistheviewofchoice,thevisionwestillfindmostappealing
(Wilson,E,O.(1993).BiophiliaHypothesis).Thereforemoreeffortsputintocreatinga
healthy,appealingtownthegreaterfeelingofconnectivityoccursbetweenresidents.
AccordingtotheKnightFoundation,StateCollegehassignificantlyhigherscoresin
socialofferings,aesthetics,openness,andeducationthandotheothercomparable
Knightcommunities.StateCollegeresidentsarelargelypositiveaboutthe
communitysaesthetics.Morethantwointhreegivehighscorestothebeautyor
physicalsettingofthecommunity,whilemorethanhalfgivehighscorestoitsparks,
playground,andtrails(KnightSouloftheCommunityProject).Someofthe
aforementionedprojectsnotonlyhelpdecreasepollutantsinourenvironmentbutalso
createanaestheticallypleasingcommunity.
Inc.com,aresourceforsmallbusinessesandbeginningentrepreneurs,outlinesten
waystomakeaworkplacemoresustainableandenvironmentallyfriendly.Although
theBoroughisnotabusiness,ithassuccessfullycompletedeightoutofthoseten
suggestions.
The2014NationalCitizenSurveydetailsthefollowingpercentages:
Excellent/goodairquality:94%ofresidents
90%ofresidentsrecycledathome
67%ofresidentsconservewater
71%ofresidentsmadetheirhomemoreenergyefficient
87%ofresidentswalkedorbikedinsteadofdriving
Everythingfromsmallinitiativeslikepersonalrecyclingtolargerprojectsliketheraingardens
playaroleincreatinganenvironmentallysustainablecommunityandcreatingpositive
physical,psychological,andsometimesmonetarybenefits.WhentheStateCollegeBorough
initiatesprojectslikethese,theresidencybecomesmoreenvironmentallyconsciousand
givesthemasensethatthelocalgovernmentcaresaboutthecommunityandisbeing
proactiveinpreservingandenhancingthelivingenvironment.

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CONSENT AGENDA
February 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 #16-2015
College/Pugh Pedestrian Improvements and Paving, and Beaver/Pugh; and
Beaver/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 and
Commissions:

Name of ABC
Authorities Board

Persons Name
Michael Egan

Appointment
Appointment

Date of Expiration
December 31, 2019

Board of Health

Linda Greenly-Finch

Reappointment

December 31, 2019

Tree Commission

William Elmendorf

Reappointment

December 31, 2017

Rental Housing
Revocation Appeal Board
Centre County Housing &
Land Trust
Spring Creek Watershed
Commission

James Lee

Appointment

December 31, 2017

Edward LeClear

Appointment

Indefinite Term

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.), on
Sunday, August 2, 2015 with conditions. Both races are being sponsored by the
Pennsylvania State University Cycling Club. The award ceremony for these races
will 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 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 5k Race/3k Walk with
conditions. [Page 23 ]

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

Elizabeth A. Goreham, Mayor


James L. Rosenberger, President of Council
Catherine G. Dauler
Sarah Klinetob
Theresa D. Lafer
Peter Morris
Evan Myers
Thomas E. Daubert

Absent:

Also in attendance: Terry Williams, Borough Solicitor; Thomas J. Fountaine, II; Borough Manager;
Edward LeClear, Planning Director; Roger Dunlap, Assistant Manager; Dwight Miller, Manager of
Financial Services; Courtney Hayden, Communication & Special Projects Coordinator; Jon Garfield,
UPUA Student Representative; Thomas King, Chief of Police; Sharon Ergler, Assistant Borough
Secretary; Amy Kerner, Borough Engineer; Meagan Tuttle, Planner; Mark A. Whitfield, Director of Public
Works; 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 brick
walkway across the street from where Fraser Centre was being built. She suggested the Borough
consider using pavers instead of bricks because the bricks freeze too quickly making the sidewalks
dangerous.
Mr. Myers said as someone who combines civic responsibility with metrological knowledge, bricks are
more porous due to the nature of the material. He asked if it the Boroughs protocol was to use pavers,
like the ones Penn State used. Mr. Whitfield said the Borough had switched to pavers and was no longer
using bricks after speaking with Penn State representatives.
Theresa Lafer said depending on what time people were out walking, everything was a sheet of ice at
some point. She said she had salted her sidewalks and that did not seem to help. She urged residents
to use extreme caution when walking on ice or to stay inside until the temperature warms up and the ice
melts.
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
December 2, 2014
December 5, 2015
December 8, 2014
December 15, 2014

Regular Meeting
Work Session
Work Session
Work Session
Regular Meeting

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Page 18

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 modify
the 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 efficiency
projects in Borough municipal facilities.

Appoint Charles Herr Jr., as the Boroughs Sewage Enforcement Officer, and appoint Pamela
Winter, as the Alternate Sewage Enforcement Officer, for a one-year term ending on December
31, 2015.

Approve the closing of South Allen Street, starting in front of the Municipal Building to West
Foster Avenue, on Saturday, February 14, 2015, from 9 a.m. to 2:30 p.m., for the Left Right
Repeat 5k Run/Walk, to benefit the Womens Resource Center.

Appoint Stahl Sheaffer Engineering, LLC in 2015 for Inspection Services associated with
construction projects within the Boroughs 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 Councils
review. These legislative priorities were drafted from priorities established by the National League of
Cities (NLC) and the PA Municipal League (PML). He noted that these priorities directly related to the
governance of the Borough of State College and other municipalities. He further explained that the
legislative priorities document was intended to provide guidance for elected officials and staff in
discussions with state and federally elected officials during upcoming sessions of Congress and the
General Assembly.
Mr. Fountaine asked Council to review the list of priorities and take action to adopt the legislative priorities
in preparation for a meeting with state and national representatives and the NLCs Congressional City
Conference scheduled in early March. He noted that the legislative priorities would also provide a basis
for prioritizing Councils continuing discussion with both state and national representatives. If Council
concurred with the draft list, a resolution approving the 2015-2016 legislative priorities would be
presented on February 9 for formal adoption by Council.
Mr. Morris said the NLCs 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 NLCs item
about public transportation, he was not in favor of the word surface being part of it because by using
that word, it did not include the Pittsburgh or Philadelphia subway; however, it did cover State College
buses. 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 PMLs list of priorities, which were Pension and Collective
Bargaining. He noted that the PML had partnered with the business community as a founding member of
the Coalition for Sustainable Communities (CSC). He commented that the name CSC sounded like an
environmental organization; however, when he researched the CSC, there were no unions or
environmental organizations affiliated with it. He said he felt as though the CSC supported the corporate
agenda. He added that everyone in America had the right to support this; however, the Borough should
not be aligning itself with such organizations. By doing so, the Borough would be supporting a narrow
segment of the community and ignoring the rest of the communitys 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 to
remove 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 large
part of the discussion was to make sure local communities had a direct say in the type of public
transportation. Although the word surface was included, it was only one part of the larger program the
NLC was backing.
She added that the NLC was pressing for every community (urban and rural
suburban) to have the best access to public transportation for a variety of reasons. She commented that
Mr. Morris concern was valid, but not overlooked, at least in terms of the NLCs transportation bill.
Mr. Myers said he supported Mr. Morris comments about collective bargaining. He said there were
certain aspects of it that could be made fairer, such as sharing arbitrators. He wanted to know if Council
was being asked to only approve what was on the sheet distributed at the meeting or both the NLC and
PMLs lists as well. Council would not be able to fix the nations broken immigration system, nor did it
have much of an impact on State College, although he and other Council members recently participated
in 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 of
the items listed was to support the NLCs unfunded mandates. He noted that most of that was being
pushed by the American Legislative Exchange Council (ALEC). He stated that ALEC and others had
been trying to push deregulation of the EPA, telecommunications, etc. Mr. Myers said in speaking with his
daughter, who was a high-school senior, ALEC and others are pushing for the nullification of laws, such
as unfunded mandates, clean air standards, requirements to have handicapped ramps, etc. He added
that he was opposed to such a broad statement and to nullify laws that had been passed by the federal
government.
Mr. Fountaine said the document distributed to Council was what Council had approved a year ago.
Support of both NLCs and PMLs priorities was included, rather than repeat all of those items on a new
document. He added that the information on unfunded mandates was also included a year ago. With
respect to the PMLs priorities, the report was prepared by mayors and city council members
approximately four years ago. In addition, it was endorsed by several chambers of commerce. He
commented 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 not
getting passed, because of an unfounded mandate, made him angry. He added that the talk about
unfunded 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 few
legislators 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 shared
arbitrator. He also agreed that Act 111 hearings should be open. In terms of an alcohol tax, he said he
would like to see legislators discuss it because he was fully in support of it. He added that this item was
something 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 Councils February 9 agenda for approval. He
added 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 Procedures
Manual. 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 with
the 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 for
the purpose of constructing a handicapped access ramp partially within the right-of-way for access to the
existing 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 the
brick pavers would remain. Mr. Williams pointed out there would be no permanent loss so long as the
business remained in that location. If the tenant changed, or if the facility was under a substantial
renovation, 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 were
approximately 1 wide.
The motion to approve the License Agreement for 129 South Pugh Street to install a handicapped ramp
access passed unanimously.
Planning and Zoning
Neighborhood Sustainability Report/National Citizens Survey
Mr. Fountaine explained that the Planning staff distributed the Neighborhood Sustainability Report to
Council at their November 3, 2014 meeting. Planner Meagan Tuttle was present to answer any
questions. 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 Master
Plan, which was distributed to Council at their November 12 meeting. Ms. Tuttle gave Council a quick
update on the proposed implementation of the two plans. She said she thought it was appropriate to talk
about the two plans and their activities together. She noted that the Planning staff was prepared to
provide quarterly updates.
Ms. Tuttle explained that staff had prepared a draft Neighborhood Plan, which staff would be sharing with
the neighborhood associations later that month. She added that some of the ABC and staff work plans
related to the goals of the Neighborhood Plan. She noted that the Historic Resources Commission and
the Design Review Boards 2015 work plans included a couple of special interest projects. The
Redevelopment Authority and the Homestead Investment Program plans include more community
engagement related activities. Other activities include casual conversations and coffee to meet and
discuss upcoming plans or projects.
Ms. Tuttle stated that Planning staff was working to put together a similar implementation plan for the
Downtown Master Plan. She noted that the Downtown State College Improvement Districts progress.
They had done a lot of work over the past year to refresh their image, improve communications with the
merchants 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 wayfinding 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 Centre
County Community Foundation, and she was interested in finding and developing housing for young
professionals. She wanted the Mayor to know how challenging it was to find a decent place to live in a
college town. Mayor Goreham asked if locating and finding housing for graduates was incorporated into
the plan. Ms. Tuttle said Theme 4 of the plan was to identify places where professionals might want to
live in the downtown. The Planning Commission had supported the idea and considered incentives for
professional housing. In addition, there was a group working to create network activities and surveys
through the Chamber of Business & Industry of Centre County.
Mr. Rosenberger said the new Metropolitan building was designed with the three top floors designated for
professionals 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 Planning
staff was trying to get a sense of what defines a professional or graduate housing unit. Mr. LeClear said
in 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 living
there. Mr. Fountaine said it was the property owners choice to not rent to undergrads. He added that the
new Fraser Centre building, presently under construction, was the only property he knew of that had a
deed restriction that prohibits students from living at that property.
Mr. Morris asked if a landlords 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 discrimination
is permissible. He said there are a lot of condominium associations that have rules and regulations that
prohibit 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 State
College, 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 Highlands
and Holmes-Foster neighborhoods, such as vandalism, noise, etc. She noted that thanks to several
people, 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 in
attitudes and behaviors. Mr. Fountaine said the engagement of students in this effort had helped
tremendously. Specifically, the leadership of the IFC, UPUA and the graduate student organizations
worked 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 both
workshops were well received. Ms. Tuttle said Borough staff was interested in having more meetings like
those workshops to discuss a variety of issues.
Official Reports and Correspondence
Mayors Report - Mayor Goreham said she had nothing to report.
Presidents Report Mr. Rosenberger announced that Council would adjourn to an Executive Session
following 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 and
reorganized. Nigel Wilson was elected Chairman and Mr. Morris said he was elected Vice Chairman. He
said 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 & Environmental
Committee would be meeting tomorrow morning.
Transportation and Land Use/MPO Ms. Lafer reported that the Transportation and Land Use Committee
met, reorganized and Jeff Luck was elected Chairman. Topics discussed at the meeting included
regional 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 place
later 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 at
lighting 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 Pruning

Date Prepared:
Prepared By:
Proposed Meeting Date:
Deadline for Action:

January 30, 2015


Alan W. Sam, Borough Arborist
February 9, 2015
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 of
Windsor Ct, and all of Storch Rd. (Block F)

3.

Advertisement for Bids: January 9 & 16, 2015

4.

Number of Bid Packages Released:

5.

Arborists Cost Estimate:

6.

Amount Budgeted/Funding Sources for Project:$103,000 available in


Account #B101-16-74-00-0000-000-68257

7.

Bids Received:
Bidder

10

$103,000

Total Amount

a. Dincher & Dincher Tree Surgeons


Bernie Dincher, Owner
Williamsport, PA
8.

Anticipated Notice to Proceed:

N/A

9.

Anticipated Completion Date:

N/A

$135,830.00

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Page 24

11.

Other Background Information: The Contract is separated into smaller blocks to allow for
increased competition. Bidders do not have to bid on all blocks to be considered and awards are
granted 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 per
tree 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 reject
the single bid from Dincher & Dincher Tree Surgeons due to being significantly over budget and
the lack of competing bids. Staff also recommends Council authorize staff to rebid the project
with fewer blocks.
The amount of $103,000 is available for Contract Tree Pruning in Account #B101-16-74-000000-000-68257.

Block
A
B
C
D
E
F
Total

# of Trees
106
146
138
46
102
42
580

Dincher & Dincher


$25,400.00
$33,870.00
$28,670.00
$16,720.00
$22,020.00
$ 9,150.00
$135,830.00

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Page 25

State College Borough Council


Summary Information for the Award of Bid
Project Number:
Project Name:
Date Prepared:
Prepared By:
Proposed Meeting Date:
Deadline for Action:

16-2015
College/Pugh Ped Improvements and Paving, and Beaver/Pugh; Beaver/Locust
Paving
January 30, 2015
Anthony M. Marusiak, Assistant Borough Engineer
February 9, 2015
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 East
College Avenue and Pugh Street, and paving at the intersections of East Beaver Avenue and Pugh Street, and East
Beaver Avenue and Locust Lane. A portion of the project includes sidewalk and ramp work on the North side of
College 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 in
accordance with the Purchasing Ordinance
4. Number of Bid Packages Released:

11

5. Engineers Cost Estimate: $211,860.00


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

Bidder
a. R.C. Bowman, Inc.
Richard C. Bowman, III
Mill Hall, PA

Base Bid Amount


$216,840.00

Alternate A Amount
$209,800.00

b. Ameron Construction Company, Inc.


Michael A. Fiore, Exec Vice President
State College, PA

$230,482.50

$227,979.50

c. Glenn O. Hawbaker, Inc.


Daniel R. Hawbaker, President
State College, PA

$273,575.00

$271,575.00

d. G & R Charles Excavating, Ltd.


Ross A. Charles, Partner
Port Trevorton, PA

$299,965.81*

$274,285.24*

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 Base
Bid represents a 30 day construction schedule and Alternate A represents a 45 day construction
schedule. Based on the cost savings, and understanding a 45 day work schedule will still see the project
completed after the PSU students leave and before the Festival of the Arts, staff recommends that
Council award Alternate A.
10.

Anticipated Completion Date:

June 24, 2015

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Page 26

11.

Other Background Information:


The project is the completion of the Pugh Street Streetscape
Project 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 intersection
before the PSU students returned for the fall semester. Also, due to delays in receiving the PENNDOT
Highway Occupancy Permit, and manufacture and delivery of traffic signal poles, the paving of the
intersections of Beaver/Pugh and Beaver/Locust could not be completed prior to student arrival. In order
to limit impacts to downtown businesses, safety concerns with the dramatic increase of vehicular and
pedestrian 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 from
the contract and rebid.
Based upon the recommended 45 day contract time the Boroughs portion will be $133,010.00 and PSU
will be responsible for $76,790.00. The difference between the 2014 project and this project is $5,240.92
more for the Borough; however it is considerably less than the fee in order for the 2014 contractor to
remobilize.

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, of
which $76,790.00 will be billed to PSU.

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State College Borough Council


Policy Briefing Summary
RE:
Date Prepared:
Prepared By:
Proposed Meeting Date:
Deadline for Action:

Atherton/Park Intersection - No Turn on Red Sign


February 4, 2015
Amy J. Kerner, P.E.
February 9, 2015
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 at
the 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 No
Turn 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 when
the 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 has
the 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 new
sign, 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 Review


This 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 Reason


Staff 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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Page 52

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 West
Park Avenue to prohibit Right Turns on Red at any time.
NOW, THEREFORE, BE IT RESOLVED, the regulatory sign be erected at the
above 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
Assistant Borough Secretary

James L. Rosenberger
President of Council

EXAMINED AND APPROVED as a Resolution this


2015.

Elizabeth A. Goreham
Mayor

day

of

February,

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Page 53

State College Borough Council


Policy Briefing Summary
RE: Sidewalk closure request
Fraser Center
Date Prepared:
Prepared By:
Proposed Meeting Date:
Deadline for Action:
I.

February 3, 2015
Mark A. Whitfield, Public Works Director
February 9, 2015
February 9, 2015

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 to
grade, 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 west
side 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 the
sidewalks 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

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Legislative Priorities

2015-2016

Expand Local Fiscal Authority

State Issues

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 Reform
1. Support Act 111 Reform
2. Support Public Safety Pension Reform

Unfunded Mandates

Provide full funding or revenue authorization for all mandates imposed by the General
Assembly 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.

State and
Federal
Issues

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

Federal Issues

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

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2014-2015 National League of Cities Federal Action Priorities


With input from NLCs membership, NLCs leadership selected this federal agenda to guide NLCs
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-mortar
community businesses on a level playing field with online retailers and afford
consumers more choice through fair competition.
Allowing local governments the flexibility to collect the taxes already owed to them on remote online
purchases 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 Priorities


NLC urges Congress to authorize a new, long-term federal surface transportation
program that recognizes the central role of transportation to metropolitan and regional
economies and includes local voices in planning and project selection.
With a strong federal partnership, cities can continue transportation and infrastructure investments that
ensure everyone in our communities has access to education, training and employment. The program
must provide cities a greater role in decision-making for transportation projects to meet community goals
and recognize the role of metropolitan economies to the nation's economic wellbeing and
competitiveness. The overall transportation system must be made more efficient, including upgrades to
older 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 municipal
bonds, whether as a part of a deficit reduction plan, a push for comprehensive tax
reform or as an offset for new spending.
As the Administration and Congress look for revenue to reduce the deficit and still fund programs, the
federal income tax exemption provided to interest paid on state and municipal bonds (debt) is under
threat. In addition to increasing taxes, the federal government can raise revenue by expanding what is
subject to being taxed (broadening the base); as an alternative to raising taxes, interest paid on bonds
issued 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 immigration
reform 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 to
threaten our communities and held back economic growth by keeping a substantial population from being
able to fully participate. Cities need a plan for comprehensive immigration reform that includes a path to
citizenship, strong border enforcement and support for cities and towns to integrate immigrants into their
communities 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 in
leading educational change by advancing strong early childhood opportunities, citywide high-quality
afterschool programs, and strategies to improve postsecondary success rates. NLC needs Congress to
reauthorize the Elementary and Secondary Education Act (ESEA), which includes important education
programs such as Title I, so that states and localities will have the tools they need to improve their local
education systems. A strong federal-local partnership will acknowledge that the best education decisions
are 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 conduct
vulnerability assessments, and develop and implement adaptation and resilience action
plans.
As extreme weather events become more common, local governments in all geographic and climatic
regions are looking for resources to assist them in anticipating, preparing for and adapting to these
events. This call to Congress includes passing the STRONG Act (Strengthening the Resiliency of our
Nation on the Ground). Cities need stronger federal support to leverage resources most effectively, learn
from and act on the latest information available on climate change and find ways to partner with regional
and 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 a
collection of NLC's positions on federal actions, programs, and legislation that directly impact
municipalities and guide all of NLC's federal advocacy efforts. The 2015 National Municipal Policy
incorporates 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 resolutions
approved during that meeting is also available online.
NLCs 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 of
State 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 United
Nations Framework Convention on Climate Change, setting mandatory targets for
reduction of greenhouses gases for signatory nations; and,
WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to
address climate disruption, went into effect in the 141 countries that have ratified it to
date; 38 of those countries are now legally required to reduce greenhouse gas
emissions 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 Kyoto
Protocol, and
WHEREAS, in June 2005, the U.S. Conference of Mayors unanimously adopted strong
policy resolutions calling for cities, communities and the federal government to take
local 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 the
development of local initiatives; and
WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international
communitys most respected assemblage of scientists, has found that climate disruption
is 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 average
global sea level increases of four to eight inches during the 20th century; a 40 percent
decline in Arctic sea-ice thickness; and nine of the ten hottest years on record occurring
in the past decade; and

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WHEREAS, climate disruption of the magnitude now predicted by the scientific


community will cause extremely costly disruption of human and natural systems
throughout the world including: increased risk of floods or droughts; sea level rises that
interact 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 worlds population, is
currently generating approximately 25 percent of the worlds global warming pollutants;
and

WHEREAS, the Kyoto Protocol emissions reduction target for the US would have been
7 percent below 1990 levels by 2012; and
WHEREAS, many leading U.S. companies that have adopted greenhouse gas
reduction programs to demonstrate corporate social responsibility have also publicly
expressed preference for the U.S. to adopt precise and mandatory emissions targets
and timetables as a means by which to remain competitive in the international
marketplace, to mitigate financial risk and to promote sound investment decisions; and
WHEREAS, state and local governments throughout the United States are adopting
emission reduction targets and programs and that this leadership is bipartisan, coming
from Republican and Democratic governors and mayors alike; and
WHEREAS, many municipalities throughout the nation, both large and small, are
reducing global warming pollutants through programs that provide economic and quality
of life benefits such as reduced energy bills, green space preservation, air quality
improvements, reduced traffic congestion, improved transportation choices, and
economic development and job creation through energy conservation and new energy
technologies; and
WHEREAS, a Greenhouse Gas Inventory and Mitigation Action Plan has been
prepared at the request of members of the State College Borough Council in order to
enable the Council to determine what actions collectively could be taken in the Centre
Region to address the impact of global warming and,
WHEREAS much can be accomplished by the Borough of State College to reduce
greenhouse emissions, to wit
a) Urging our federal and state governments to enact policies and programs to reduce
global warming pollution levels, including efforts to reduce the United States

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dependence on fossil fuels and accelerate the development of clean, economical


energy resources and fuel-efficient technologies such as conservation, end-use
efficiency, demand-side management, wind and solar energy, wave and tidal energy,
fuel cells, efficient motor vehicles, and bio-fuels; and
b) Urging the U.S. Congress to pass bipartisan greenhouse gas reduction legislation
that includes clear timetables and emissions limits.
NOW, THEREFORE, BE IT RESOLVED, that the Borough of State College is hereby
declared to be a Climate Protection Community, endorses the U.S. Mayors Climate
Protection Agreement as amended by the 73rd annual U.S. Conference of Mayors and
urges municipalities from around the world to join this effort, and;
.
BE IT FURTHER RESOLVED, that the State College Borough Council commits to a
Greenhouse Gas Emission Reduction Initiative goal, to lead the community by example
and to implement policies to reduce net emission of carbon dioxide and other
greenhouse gases by the end of 2012 by 10% from 1990 levels, and;
BE IT FURTHER RESOLVED, that as a public-private partnership, the Greenhouse
Gas Emission Reduction Initiative shall feature the Borough Government as a key
stakeholder in a comprehensive community greenhouse gas reduction effort, which
shall include institutions, businesses, civic organization, and individual families and
residents, and;
BE IT FURTHER RESOLVED, the Borough of State College shall create an Office of
Sustainability to coordinate and implement the Greenhouse Gas Reduction Initiative,
insofar as funds, voluntary efforts, or other resources become available, in particular,
working to partner with efforts of governments, agencies, institutions and other
appropriate public and private organizations in our region, and to track the progress and
implementation of the U.S. Mayors Climate Protection Agreement. Additionally, the
office shall assist the Borough by:

Obtaining and periodically updating a baseline inventory of greenhouse gas


emissions in the Borough, including recommended targets and timetables
Developing and implementing the Local Climate Protection Action Plan, including
measuring, verifying and reporting performance, and
Establishing recommendations for local Green Building initiatives
Educating the public, schools, other jurisdictions, professional associations,
business and industry about reducing greenhouse gas emissions.
Making energy efficiency a priority throughout the Borough government by
educating employees, evaluating building mechanical systems, and urging
employees to conserve energy and save money

BE IT FURTHER RESOLVED, the Borough Council hereby establishes the following


municipal goals:

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1. By 2012, through the recycling of plastics, metals, glass, organic waste, electronics,
etc, reduce residual waste (land filled material) to 35% of the total waste stream.
2. By 2016, 20% of the Boroughs passenger car fleet shall be comprised of the most
energy efficient vehicles.
3. By 2012, use B30 diesel (70% diesel petroleum, 30% bio-diesel) for all Borough
heavy equipment and trucks.
4. By 2010, establish a network of off-street and on-street designated bike lanes
throughout the community.
5. By 2010, incorporate sustainable construction and demolition practices into Borough
ordinances, including the requirement of LEED certifications. By 2010, all
municipally owned construction shall be LEED Gold or Silver certified.
6. By 2012, eliminate the use of non-biological spray insecticides by the Borough.
Additionally, reduce the use of all fertilizers and herbicides by 50% from 2007 levels.
7. By 2009, establish purchasing policies which give preference to products with 50%
or more recycled content.
8. By 2015, establish a free transit service within the Borough.
9. By 2012, eliminate the use of incandescent bulbs in all Borough facilities.
10. By 2012, reduce the existing impervious area within the Borough by 2% through
zoning incentives, innovative surface treatments, street narrowing, and other best
management practices.
11. By 2012, establish incentives for the installation of green roofs, rainwater cisterns,
and other best management practices to reduce urban runoff.
12. By 2009, adopt an anti-engine idling ordinance.
13. By 2012, complete a review and implement changes to land use policies as
necessary to reduce urban sprawl, preserve open space, and create a compact,
walkable community.
14. Effective immediately, purchase only Energy Star appliances for Borough facilities.
15. By 2012, purchase 20% of energy used by the Borough from green power sources.
16. By January 2008 establish a procedure for regular reporting of progress under this
resolution to Borough Council and the community.

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BE IT FURTHER RESOLVED, the Borough Council hereby establishes the following


community goals to be achieved through education and promotion:
17. By 2012, as a community, reduce electricity usage by 10% from 2000 levels.
18. By 2012, as a community, increase the percentage of residents walking, biking, or
using transit to commute to work by 10% over 2007 levels.
19. By 2012, as a community, 15% of all personal vehicles shall be the most energy
efficient vehicles.
20. By 2012, as a community, less than 25% of residents commute via single
occupancy vehicle.
21. By 2015, as a community, purchase 20% of all electricity from green power
sources.
RESOLVED, This 20th day of August, 2007, by the Council of the Borough of State
College.

ATTEST:

BOROUGH OF STATE COLLEGE

S/Cynthia S. Hanscom
Assistant Borough Secretary

S/Catherine G. Dauler
President of Council

EXAMINED AND APPROVED as a Resolution this 27th day of August, 2007.


S/Bill Welch
Mayor

Copied from the original Resolution this 27th day of August, 2007.
________________________________
Cynthia S. Hanscom
Assistant Borough Secretary

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State College Borough Council


Policy Briefing Summary
RE:
Date Prepared:
Prepared By:
Proposed Meeting Date:
Deadline for Action:

I.

Pocket Park Policy

January 28, 2015


Alan W. Sam, Environmental Coordinator/Arborist
February 9, 2015
No Deadline

Request/Issue Needing Council Action

Council is asked to approve a policy regarding the development of pocket parks within the Borough.
II.

Current Policy and/or Practice

No policy currently exist. Anyone can request that a park be established but no criteria exist to weigh
the merits of such a request.
III.

Other Background Information

The Borough recently received an inquiry about developing a pocket park in College Heights. In
attempting to determine the feasibility of establishing a park, it was discovered that there are no
established guidelines to adequately address such a request. Staff therefore recommended that a policy
be established.
IV.

Financial Impact on Budget

Establishing a pocket park policy would have no initial impact on the budget but once adopted, a policy
will help make future financial decisions.
V.

Authority, Boards, and Commission Review

Both the Design Review Board and Planning Commission have reviewed the draft policy. A
recommendation to Council as to the appropriateness of any park proposal would be required from both
ABCs if the policy is adopted.
VI.

Staff Recommendation and Reason

Staff recommends that Council approve the Pocket Park Policy as presented to help systematically
evaluate the appropriateness of the request.

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Borough Policy for Creating Pocket Parks

Purpose
To develop a standard policy to determine when and where it is appropriate to create a pocket park in
the Borough.

Background
Pocket Parks are generally small-- less than one acre, and many times less than acre. They can be
used for both passive and active recreation, and are many times created to fill a specific social or
recreational use that is currently missing in the community. According to the National Recreation and
Park Association, pocket parks should have four key qualities: they are accessible; allow people to
engage in activities; are comfortable spaces and have a good image; and finally, are sociable places.
While pocket parks are positive additions to a community, they can also add financial and maintenance
obligations to a communitys limited budget. In order to ensure that pocket parks are well located,
maintained and funded, their location and development should be strategic and planned.

Policy
The following are required prior to Borough Council to considering the location or creation of a new
pocket park:
1. Request to create a pocket park may come from Borough staff, Council, residents and business
owners.
2. At a minimum, request are to include the exact location, intended purpose, property owner
information if known, and possible funding sources (gifts, grants, etc.).
3. The associated Neighborhood Association (Downtown Improvement District for downtown
request) should be notified and asked for their input.
4. The Police Department shall be notified and asked for their evaluation for safety and access
concerns.
5. The Planning Department shall be notified and asked for the proposed pocket parks
relationship to adopted community plans, including the Neighborhood Plan, Downtown Master
Plan and Centre Region Comprehensive Plan.
6. Property owners within 200 feet of the proposed site must be notified by mail.
7. Pocket Parks shall not be considered if another park or pocket park is within 800 feet of the
proposed site except under special circumstances (i.e. small parks in the Downtown primarily
used as seating areas or if the programming, purpose or target audience of each of the
park/pocket park spaces are distinctly separate).

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Pocket Parks are more likely to be approved if they address the following criteria:
1. A specific design or vision is provided with the application
2. The proposed location has already been identified in an approved plan (i.e. Downtown Master
Plan, Neighborhood Plans).
3. Proposed location already controlled by the Borough or property owner willing to donate.
4. Funding is already secured or clearly identified for development and maintenance of the park.
5. Volunteers already identified that assist with basic maintenance and/or implementation of the
park
6. The site is already ADA accessible.
7. The park is considered to be in a safe, accessible and visible location. Pocket parks should not
be located such that they are not obviously available for use by the general public and access to
the park should be primarily through public rights of way.

Establishment
Pocket Park applications will be reviewed by Public Works, Police and Planning staff as noted above for
consistency with accessibility and safety concerns and adopted plans. Approval for the location of a new
pocket park is vested with Borough Council, but will require the review and recommendation by the
Planning Commission and Design Review Board.

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Page 107

DECISION
REQUEST FOR CONDITIONAL USE
STATE COLLEGE AREA SCHOOL DISTRICT
NORTH AND SOUTH SIDE WESTERLY PARKWAY

As a result of hearing held February 2, 2015, before State College Borough Council,
State College, Centre County, Pennsylvania, at the Borough Building, commencing at 7:35 oclock,
P.M., Borough Council finds the following:
Witnesses
Hearing testimony was offered by Anne Messner, Planner; Randy Brown on behalf
of the School District; Matthew Harlow serving as a consultant to the School District through ELA
Group.
Exhibits
Borough Council received into evidence Boroughs Exhibits 1 through 5 consisting
of:
1. Aerial photograph.
2. State College Area School District conditional use request.
3.

Preliminary Land Development Plan prepared by Crabtree Rohrbaugh &

4.

Open Space parking area availability prepared by Crabtree Rohrbaugh &

Associates.

Associates.
5. Letter of objection prepared by Daniel J. Nestlerode on behalf of West Irwin
Associates, Inc., a neighboring property owner.

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Statement of Facts
1. The subject property consists of a 78-acre tract of land located on the north and
south side of Westerly Parkway in the Borough of State College. The School District property is as
depicted on Exhibit 1.
2. State College Area School District is the landowner and is requesting a conditional
use to reduce the amount of parking required on site as a part of its proposal to extensively renovate
and expand its existing facilities.
3. The School Districts buildings in the area are commonly referred to as State
College Area High School containing two school buildings. The North Building is located on the
north side of Westerly Parkway along with associated athletic fields, parking areas and driver training
facilities. In addition, athletic fields and grass are located on Community Field which contains the
entire portion of the property north of the school building extending to South Atherton Street.
4. The second building is known as the South Building and is located on the south side
of Westerly Parkway along with associated track, parking areas, storm water detention facilities and
is adjacent to Welch Pool.
5. The proposed building expansion and renovation includes retaining portions of the
existing school buildings and facilities located on both the north and south side of Westerly Parkway.
6. The development plan submitted to the Boroughs Planning Department proposes
to expand the size of the high school buildings to 664,875 square feet as depicted on Exhibit 3.

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7. In addition to the change in building plans, revision to the parking for the school
buildings will be located on the south side of Westerly Parkway, remaining essentially in the same
location on the north side of Westerly Parkway with additions to the existing parking lot.
8. For school use, the zoning ordinance requires parking at the ratio of one space per
500 square feet of gross floor area as required by Section 2403.c of the State College Zoning
Ordinance.
9. Pursuant to Section 2403.c, the minimum number of parking spaces required to
accommodate the expansion is 1,330 spaces.
10. State College Borough Zoning Ordinance Section 2403.b permits Council to grant
a conditional use decreasing the number of required parking spaces by up to 50% subject to the
following conditions:
(1) That an agreement between the municipal Council and a property
owner be written, and shall specify that the area which would have
been used for required parking spaces shall be maintained as planted
open space contiguous to the off-street parking area.
(2) The agreement shall also specify that, if the planted open space is
converted to parking at a future time, the parking area shall comply
with the provisions of Hart H of this chapter.
11. Section 201 Definitions defines open space as:
Those areas within the perimeter boundaries of a lot that are planted
and maintained in vegetation or are natural features such as water
bodies, rock outcroppings, or wooded areas. Open space may include
play areas, passive or active recreational areas and structures,
fountains, pools, plazas, and outdoor seating areas provided the
cumulative impervious coverage of these areas does not exceed 25%
of the open space required. Open space shall not include any areas
designated or used for off-street parking including driveways, aisle

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ways, parking lots, and loading zones and shall not include any areas
designated or used for trash or recycling storage.
12. In seeking a conditional use, the Applicant must show (1) that the site is large
enough to provide all of the required parking and the area that otherwise would have been used for
parking will be maintained as open space, (2) if that area is ever converted to parking in the future,
it shall be done in conformity with Part H of the zoning ordinance regulations which require
landscape screening and impose specific design standards, and (3) the decrease in parking requested
does not exceed more than 50% of the amount of parking required by Section 2403.c for the proposed
use.
13. The School Districts development plan (Exhibit 3) proposes to provide 788
parking spaces on the redevelopment property which equals 59% of the required 1,330 parking spaces
and therefore seeks a conditional use to eliminate 542 spaces. Exhibit 4 depicts how the required
1,330 spaces could be located on school property but would necessitate the utilization of a substantial
portion of Community Field. These three areas contain the potential for 500 parking spaces, 300
parking spaces and 50 parking spaces respectively.
14. These potential parking areas can be utilized for open space in accordance with
the previously recited definition and in particular preserve the athletic fields commonly known as
Community Field.
15. The School District has contended that it does not need the full complement of
1,330 parking spaces required by the zoning ordinance and in testimony offered indicates that it feels
it can function by providing 788 parking spaces or 59% of the full requirement. Furthermore, the
School District contends that a reduction in the parking assists in preserving open space including
4

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utilization of those areas as pervious athletic and recreational fields thereby also assisting with storm
water management in the area.
16. The parking areas as depicted on Exhibit 4 are connected and contiguous by
reason of access drives as shown.
17. State College Borough Planning Commission reviewed the application as required
at its January 15, 2015 meeting and unanimously recommended to Council that the conditional use
be approved with the required reduction in parking spaces.
18. State College Borough Planning Commission has reviewed the application and
plan and believes the Applicant meets the standards in the ordinance and has not identified any
adverse impacts that would arise in granting the conditional use.
19. Council received from neighboring property owner, West Irvin Associates, Inc.,
a communication identified as Exhibit 5 and signed by Daniel J. Nestlerode who opposed the
reduction in parking advising Council of the difficulties that it encounters in unauthorized parking
in its parking lot during events being held on Community Field.
20. School District testimony advised that the facility to be constructed on the south
side of Westerly Parkway contains bus queuing, pick up and staging areas which could be marked and
identified for after school parking.
21. Space is available within the 500 parking space area in Community Field to
provide for handicapped parking.

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February 9, 2015
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Conclusions of Law
The conditional use application has been properly filed by the property owner, State
College Area School District. The Borough Planning Commission and staff have reviewed the
application and have recommended approval to Borough Council. Appropriate notices in accordance
with State College Borough Zoning Ordinance and as required by the Pennsylvania Municipalities
Planning Code have been published. The Applicant has met the standards for granting of a
conditional use as described in State College Borough Zoning Ordinance Section 2403.b subject to
compliance with the requirement to enter into an agreement specifying that the area which would have
been used for required parking spaces shall be maintained as planted open space contiguous to the
off-street parking area as further defined in Section 201 Definitions.
NOW, THEREFORE, based upon the testimony presented, the exhibits offered and
following discussion by Borough Council, the Council for the Borough of State College hereby
renders the following decision:
1.

Applicants request for conditional use reducing required parking for its

development plan from 1,330 spaces to 788 spaces is hereby granted subject to the conditions
hereinafter set forth.
2. State College Area School District will enter into an agreement with the Borough
of State College as required by Section 2403.b of the zoning ordinance.
3. The School District and the Centre Region Parks and Recreation Authority have
previously entered into an agreement regarding parking including with particularity the location of
handicapped parking spaces for utilization by patrons of Welch Pool. A copy of the signed agreement

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February 9, 2015
Page 113

shall be provided to the Borough and incorporated in the within decision. The commitments
contained in the aforesaid parking agreement are repeated herein as a condition of the grant of the
within conditional use.
4. School District has noted that the site plan for the facility to be constructed on the
south side of Westerly Parkway contains bus pick up and staging lanes. The School District further
noted that parking spaces in this area will be available after school hours. The temporary spaces
within the bus queuing and pick up and staging areas will be marked and identified as temporary
space for additional parking during after school hours.
5. School District will install signage to protect the parking area located on property
owned by West Irvin Associates, Inc., to prohibit all but private parking related to West Irvin
Associates, Inc. Signage shall be of a style and type approved by the Borough.
6. School District and Borough Planning will consult for the creation of handicapped
parking for Community Field events with appropriate signage.

ATTEST:

BOROUGH OF STATE COLLEGE

____________________________
Sharon K. Ergler
Assistant Borough Secretary

By:________________________________
James L. Rosenberger
President of Council

Dated:_______________________

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February 9, 2015
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