After two years of review and discussion, State College Borough Council on Monday approved revisions to the Property Maintenance Code (PMC).
Council passed the changes 6-1. Council member Evan Myers voted against approval.
A final public hearing was held at the start of Monday night’s meeting. Council considered a change arising from public comment, but ultimately defeated the motion 5-2. Resident Susan Venegoni proposed that pending nuisance points assessed against rental properties for violations be tracked for an 18-month period, rather than the previous 12 months.
Venegoni pointed out a variety of crimes — including assault, possession with intent and rape — that resulted in points against properties in the borough but will soon fall off of tracking prior to having been adjudicated.
Local landlord Pat Vernon argued against extending the time, noting that after a year new tenants likely will have moved into the property. But assistant borough manager Tom King said the points are assessed to the rental permit owner, not to tenants.
Venegoni also suggested increasing the limit on the number of points that could be accumulated in a day from three to five so that landlords would be notified more quickly. Property owners receive formal notification once five points have accumulated, but borough manager Tom Fountaine said landlords are encouraged to regularly check nuisance property points online, and that they are notified when there are pending points that could push them to five.
Council did not take up that issue.
Many of the comments during the hearing centered on an issue that was already moot — maximum occupancy of fenced-in exterior areas.
An amendment previously had been included to limit the outdoor gatherings in a fenced-in area of a rental property to the total legal occupancy of the residence. Council decided months ago, however, to take that out of the PMC and address it through a separate ordinance, which is expected to be brought up later this spring.
Venegoni said she wanted to see a maximum occupancy revision added back in, citing a ‘State Patty’s Day’ party at a residence on Pugh Street that had been set up for an outdoor party, but with poor weather saw guests moved inside. Venegoni said the house appeared to be filled well beyond capacity because of that.
Mark Huncik, president of the Highlands Civic Association, noted Penn State’s recently announced restrictions on fraternity and sorority social events, which included limiting social functions to the legal capacity of the residence.
‘Without some enforceability there is no way even Penn State’s policy restriction can be enforced,’ Huncik said. ‘Penn State sees value in … some kind of occupancy limitation for any property. We see value in that, too, especially when it comes to a particular type of activity on that property.’
He added that the revision had included the possibility to get a variance for special events.
Penn State student Shawn Bengali, chair of the University Park Undergraduate Association governmental affairs, said that the revision specifically targeted Penn State students. The PMC, however, does not differentiate between student housing or otherwise, and student Tim Farley later clarified that Bengali meant that because rental units are largely occupied by students in the borough, the amendment would in practice target students.
Student Austin Camacho said too much focus was placed on outdoor gatherings as parties, explaining that students often host philanthropy events.
Addressing maximum occupancy for outdoor fenced-in areas and large outdoor gatherings is one of several items that has been taken out of the PMC and will be handled in separate ordinances. Dealing with private property trees and inspecting congregate cooking facilities — non-business kitchens that serve large amounts of people (primarily fraternity houses) — also will be addressed in separate ordinances.
Council also removed a proposed amendment for additional fire escape inspections beyond those already conducted by Centre Region Code Enforcement and a proposed amendment requiring emergency accommodations be provided under certain circumstances. It was determined that regulations in the International Property Maintenance Code were sufficient in addressing both matters.
Vernon took issue with an amendment that assesses two points against a rental property once a false fire alarm has been reported for the fourth time. He said at that point the property will be fined by the fire company and likely the property’s security company, and that the points are adding ‘insult to injury.’
He also expressed overall concerns with the updated PMC.
‘The wording of this entire document is so complicated, so convoluted, you really need the Readers’ Digest version,’ Vernon said. ‘You need to please reevaluate what you have there. This should be in plain language. It should be easy to understand without having to refer back four or five pages four or five times in the same paragraph. It’s beyond belief.’
In other business:
– Council approved a change order on construction of the Martin Luther King Jr. Plaza next to the Fraser Street Garage. Caliber Contracting Services, which was awarded the bid in September 2016, submitted the change order for $127,358 and a time extension of 30 days. The cost is the result of the mural design not having been completed at the time of bid and the required panel system exceeded the projected costs. The time extension was the result of the garage elevator nearest the street unexpectedly being out of service and the contractor being required to keep open pedestrian and ADA access, changing the phasing of the project.
Borough staff said lower-than-anticipated costs for other 2016 projects meant funds were available to cover the change order.
– Henry Architecture & Design was awarded a contract of $37,100 for design services for improvements to the Municipal Building. Those improvements will include ‘an addition to the police sallyport, removal of the sidewalk at rear exterior of the north stairwell and replacement with steps and handrail, renovations in the Police and Finance lobby areas and the design and replacement of the primary breaker.’
– Mayor Elizabeth Goreham presented three proclamations. She presented Tim Gould, ClearWater Conservancy’s water resources specialist, with a proclamation declaring April 22 as ClearWater Conservancy Watershed Cleanup Day in the borough.
Monday, April 21, was declared Mothers Against Drunk Driving (MADD) PowerTalk 21 Day in State College. PowerTalk 21 Day was started by MADD in 2011 to encourage conversation about underage drinking and for adults to embrace their role in influencing youth about decisions about drinking. The proclamation was presented to Melissa Stump, trained facilitator.
April 3-7 was proclaimed Fulbright Week in the borough. The proclamation, presented to Sarah McClanahan, co-president of the Central Pennsylvania Fulbright Association, recognizes the Fulbright Program’s work to broaden cultural horizons and the international exchange of scholars and students between the Centre Region and Penn State and international institutions.
