Bellefonte council, Friends of Talleyrand continue work on cooperative agreement and environmental review for new stage

Bellefonte Borough Council and representatives of the Friends of Talleyrand on Tuesday discussed a draft cooperative agreement for a proposed outdoor performance stage in Talleyrand Park and directed next steps on permitting, environmental assessment and insurance.

The council asked its solicitor to add a clear contract term and an exit notice window to the cooperative agreement and asked staff and the Friends to continue negotiating language; Keller Engineering was asked to seek a formal determination from the Pennsylvania Department of Environmental Protection and to propose an environmental investigation of the proposed footing area.

Why it matters: the proposed stage sits near parcels with a history of gasoline contamination and in a floodplain and influence zone for a local water supply. Council members and the engineer said addressing those environmental and stormwater issues now could avoid costly delays or construction shutdowns later.

Council committee member Barb said the solicitor recommended revisions to Section 8 of the draft, and that the suggested change was to “have something in the agreement that talks about the terms” — for example a five‑year term with a notice period if either party wants to terminate. Barb asked council whether to keep a five‑year automatic renewal with a six‑month opt‑out.

Rick, a Friends of Talleyrand representative, described the Friends as an established nonprofit and said the group expects to sustain the project. “Our mission is to continually raise money for deeds in the park, not just the band show,” he said. He also noted the Friends already have seed funds — an amount he described as “a quarter of a million dollars in the bank,” which he acknowledged may be uncertain — and that the nonprofit intends to recruit additional volunteers and committee members.

Donald (Don) Holderman, borough staff, and other council members discussed indemnification and insurance. Holderman said the borough would likely be the named applicant on permits because the stage would sit on borough property and that the Friends would be expected to pay the costs of permits. He also said the borough’s insurer needs the final stage size and design to provide an estimate of any premium increase.

Michael Pratt of Keller Engineering told council the site borders a parcel once used as a gas station and that mapped contamination plumes extend into the proposed stage parcel. “If you begin footing excavation and you discover migrated gasoline … stop. Demobilize the contractor,” Pratt said, noting that at minimum the project team should consider test pits or a Phase II environmental investigation in the proposed excavation area to avoid a costly surprise.

Pratt also flagged stormwater and floodplain constraints: the proposed structure would be within the 100‑year floodplain of Spring Creek and near a water‑supply influence zone, conditions that limit infiltration and complicate rate and volume control measures under the borough’s land‑development and stormwater ordinances. He advised the borough consider whether to ask its borough engineer to review stormwater design or to engage a third‑party borough engineer to review plans and any requested exemptions.

Council and the Friends discussed reporting and oversight: the Friends would provide financial statements and the timing of those reports (monthly, quarterly, biannual) was left to be defined in the agreement. Council also confirmed that, because the property is borough‑owned, the borough would be the named applicant for permits but the Friends would cover permit costs.

Next steps and outcome: council asked its solicitor to return comments on the cooperative agreement within days and to circulate a revised draft to the Friends. Keller Engineering will submit a request for determination to DEP and prepare a scope and cost for an environmental consultant to perform site testing. Council also asked staff to consult the borough’s stormwater engineer about whether the borough should engage a separate reviewer, and the committee anticipates asking the Friends to reimburse the borough for consultant review costs. No formal vote or final approval of the agreement occurred at the meeting.

The discussion is expected to continue in coming weeks as council, solicitor, staff and the Friends exchange revised drafts and technical proposals.