Regular Meeting of California Borough Council, March 10, 2011 at 6:30 pm
CALL TO ORDER: President Chambers called the meeting to order at 6:30 pm
ATTENDANCE: Mr. Gardner, Mrs. Bridges, Mr. Mariscotti, Mrs. Chambers, and
Mayor Durdines and Miss Roberts and Mr. Alfano via speakerphone.
Mrs. Chambers stated that both Mr. Alfano and Miss Roberts are ill this evening and will
participating by phone.
ABSENT: Mr. Bittner
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
CHANGES/ADDITIONS TO AGENDA
Mayor stated he wants to remove the Cal U Mutual Aid Agreement
Mr. Mariscotti stated he would like to add letter from Mr. Ruscitto
MINUTES – Regular Meeting of Feb. 10, 2011
Motion by Gardner/Bridges to adopt the minutes of the regular meeting of February 10,
2011 duly carried with all members present stating aye.
PUBLIC COMMENT
No comments at this time
Mr. Bittner arrived at the meeting
SECRETARY/TREASURERS REPORT- MS. EVANS
Ms. Evans read the accounts payable and balances effective February 28, 2011
CLEAN UP MISSION -JOHN MCGARVEY- COUNTY HAULLING
Mr. McGarvey introduced himself and stated that last year was his first experience with
the students moving out and he had numerous calls. This year he wants to get ahead of it
and make it better. This year he met with the Council and Borough Staff and the
University to discuss it and there are two goals they would like to achieve; a clean
appearance and promote recycling. With those goals in mind what they’ve decided to do
and they are still open to suggestions to make it better, but starting the week of May 2nd,
the start of commencement week, County Hauling will be bringing one truck and
possibly two everyday for the week of finals and the week following finals. They really
want to make it a clean atmosphere in this community as far as trash goes. He asked that
people don’t put their normal trash out everyday; this is for students who are cleaning or
emptying their apartments out. The second thing is they are going to promote recycling
and they will have a drop off center at the Borough parking lot next to Signatures that
students and residents can bring their co-mingled recyclables and drop them off in the roll
off. The other thing is electronic recycling with the assistance of the Borough, County
Hauling is going to fund a top notch Creative Recycling, they interviewed three
electronic recycling companies, and they will set up a drop off center at the Municipal
parking lot near Signatures for students and resident to bring all their electronic materials
so that it can be recycled. That includes televisions, monitors, cell phones, etc. They will
offer this free. The last thing they will be in daily the following week of May 9th to clean
up student move out trash to keep the town clean. They will run ads but they want to get
the word out and get this community cleaned up, promote recycling, and take a sense of
pride in this community. He stated he is open to suggestions so if anyone has a good idea
give him a call. A few members of the audience asked questions one about the dumpster
at Rotary Park and one about tires up at 988 Cross Street. Mr. McGarvey explained that
he spoke to the owner at 988 Cross St. and explained that it is illegal for County Hauling
to haul and dispose of whole tires, it is against State and Federal regulations, and he
believes that the owner is using them as buttress. Mrs. Chambers stated she will contact
HMT tomorrow and see legally what can be done to get those tires out of there. Mr.
McGarvey stated that he is meeting with the landlords of the properties with commercial
dumpsters to make it financially incentive to come in and clean those dumpsters when
they need to be cleaned.
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FINANCE – MRS. BRIDGES
Motion by Bridges/Mariscotti to pay the bills as presented duly carried on a roll call vote
with all members present stating aye.
UPDATES:
NOTARY – LORI CLANCY
Lori Clancy has attended the workshop in order to get her Notary she is preparing
paperwork and that should be submitted this week.
PNC SIGNATURE CARDS
Mrs. Bridges reported that the PNC Signature cards have been submitted
PNC SERVICE CHARGES
Mrs. Bridges reported that PNC has charged us service charges for our checking and one
of the Heavy hauling accounts and that has been resolved. They are going to waive those
costs.
PUBLIC HEALTH – MR. BITTNER
Mr. Bittner stated that Doug Baker from the Sewer Plant has a mandatory seminar to go
to and it will be $75.00 and any other expenses that he will incur that day so he is making
a motion:
Motion by Bittner/Gardner to send Doug Baker to Securing Wastewater Treatment
facilities seminar on May 13th duly carried with all members present voting yes.
CHOICE ENERGY
Mr. Bittner stated he had discussed Choice Energy concerning the Sewage plant and they
would pay us if we shut down, but we can’t shut down for 6 hour period so he thinks we
should let that go until we get into our new plant with emergency power there and then
we may participate in this.
FEMA FLOOD INSURANCE
Mr. Bittner stated the renewal for the FEMA Flood Insurance is in councils’ packets and
Option A is what has been taken in the past for a premium of $5,151.00.
Motion by Bittner/Gardner to renew the FEMA Flood Insurance for a premium of
$5,151.00 duly carried on a roll call vote with all members present voting yes except Mr.
Mariscotti who abstained since he is the agency that writes that policy.
ADMINISTRATION HOURS
Mr. Bittner stated under administration Mrs. Bridges answered one of his questions
tonight and his other question is why were the Administrative hours changed for the
Borough, the hours that the Administrative office is open, why is that 8 to 4 and the other
workers are 8:30-4:30, why was that changed. Mr. Gardner stated he thought that we kind
of thought that would be more efficient as far as for her. He stated they talked to her
personally, as far as Lori and Joyce their hours did not change so the only one that
changed is the 8:00-4:00. Mr. Bittner stated he thinks when we set hours for our
workforce here in this borough he thinks that is a councilmatic action, in his own
personal opinion and 8:30 to 4:30 always worked before and he knows when he taught
school he would have liked to go in at 6:00 in the morning and finished by 12:00 or 1:00
but he didn’t have that option because he hours were set by the school board. He thinks
they were left out of the process and he was wondering why it was changed. Mr. Gardner
stated it was 8:00- 4:00 then it was changed from 8:30 to 4:30. Mr. Bittner stated it has
been 8:30 to 4:30 as long as he has been around. Mr. Bittner stated are we just going to
let that stand without councilmatic action, that is fine. Mrs. Chambers stated things got
changed before and she was never notified so yes she guesses that’s the way it is.
SOLICITOR
Mr. Bittner stated we had an opinion from him on the energy and in our borough
magazine they say to go along with what the solicitor says so he just wants Ernie to know
that what he told us was correct, it says unless they change in the code coming along and
so forth and so on.
USE OF SPEAKER PHONE
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Mr. Bittner stated that on the use of the speaker phone that he asked a question if quorum
has to be physically present and it just seems that these answers came right out on this
magazine that evening. The borough magazine under their research states that a quorum
has to be physically present to permit anyone to then go by speakerphone and he just
wants to make that part of the record. If Mr. DeHaas has anything else to counteract that
then he would like to have it, but it says the quorum has to be physically present. He
stated that he would appreciate also while we’re doing these phone votes because he
wants to hear the response of the person making the response. He doesn’t want someone
to say he voted this or he voted that, he wants to physically hear the response and he
thinks that is the way it is suppose to be also. Mayor stated from what he researched they
have to hear you and you have to hear them.
PUBLIC HOUSING- MR. ALFANO
ZONING REPORT
Mr. Alfano stated that the income for February is $3,012.50 for a total of $8,092.50 for
the year.
He stated there is serious problem in the zoning office right now, Mr. Cottrill our code
enforcement officer has had some health problems and he’s been out of the office more
than he’s been in it, so we’re going to try to work something out quickly with HMT to get
better coverage. If worse come to worse he’ll start a search for a full time person again,
but we need better coverage in there.
RECREATION AUTHORITY
Mr. Alfano stated they received a resignation from Jeanine Metal who is the current
president for this year.
Motion by Alfano/Mariscotti to accept the resignation of Jeanine Metal duly carried with
all members present stating aye.
Mr. Alfano asked if we received any letters of interest for the Recreation Authority at the
borough. Mrs. Chambers stated that Beth Baxter has sent a letter asking that she be
appointed to the Recreation Authority. Mr. Mariscotti stated he has one too. He stated
that it is from Joe “Bish” Morosky from Jozart Studios.
Motion by Alfano/Mariscotti to appoint Beth Baxter to fill the remaining term of
Jeannine Metal on the Recreation Authority duly carried with all members present stating
aye.
Motion by Alfano/Gardner to appoint Joseph Morosky to fill the remaining term for Jon
Jonoski on the Recreation Authority duly carried with all members present stating aye.
Mr. Alfano stated they are still going to try and take advantage of the decoration with the
sale price at their meeting the 3rd Saturday of this month; he will get a motion from the
Authority to split the cost with the Borough so we can get in on that sale price for those
snowflakes.
He mentioned that the fishing tournament will be the 16th year in a row down at Pike Run
Creek and Rotary Park will take place on April 23rd. He stated they will also have an
Easter Egg Hunt for the kids who don’t want to fish all day and wants to do something
else that is fun and they will name the site for that soon.
PUBLIC SAFETY- MISS ROBERTS
Nothing to report
PUBLIC SAFETY – MR. GARDNER
Mr. Gardner stated the Chief is recommending that we send Officer Vitale to K9 Decoy
Seminar and we discussed this at committee meeting. The cost is $446.00 + wages. The
cost of the seminar is $200.00 and the rate is $82.00 a night.
Motion by Gardner/Bridges to send Officer Vitale to K9 Decoy Seminar and we
discussed this at committee meeting. The cost is $446.00 + wages duly carried on a roll
call vote with all members present voting yes.
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Under discussion Mr. Alfano asked if she will be using the police K9 vehicle to go there.
Chief Gillen stated yes. Mr. Alfano asked if that car is safe enough to make the trip. Chief
Gillen stated yes.
THANK YOU
Mr. Gardner read a thank you letter from Mr. Whetzel for his parking space.
POLICE STATISTICS
Mr. Gardner stated the stats are sitting back there on a chair and if you have any
questions the Chief will answer them.
FOOD PANTRY
Mr. Gardner announced the Food Pantry is March 16th from 4:00 – 6:00.
ROY MARSHALL
Mr. Gardner announced that Roy Marshall from the Teamsters Union has retired and
James Berish is his replacement and at some point in time we’ll be sitting down as
council and the Mayor with him to go over negotiations with the police and the borough
crew.
MR. MARISCOTTI – PUBLIC WORKS
ONGOING OPERATIONS
Mr. Mariscotti stated ongoing operations are snow removal and salting. The crew is
patching potholes on the rural roads. They are also repairing ditch lines on the rural
roads. They changed the lights in the traffic signal and the borough building and they are
installing parking signs in handicap stalls.
COMPLETED PROJECTS
Mr. Mariscotti announced the sound panels for this room are ordered. They have repaired
the cross drain on California Drive and painted the Chief’s office and when weather
permits they will be painting the vascar lines on the roads.
VEHICLE MAINTENANCE
Mr. Mariscotti stated the 2008, 550 dump has been inspected, they are working on the
police cars with general maintenance, and the new radios are installed in the trucks.
SUPPLIES
Supplies on hand; 66 ton of 2A, 20 ton of 2B, 6 ton cold patch, 15 ton of anti-skid, and
120 ton of rock salt and 220 gallons of diesel.
COSTARS – ROCK SALTE 2011-2012
Motion by Mariscotti/Bridges to participate in the Costars program for the Rock Salt
contract for the 2011-2012 years duly carried with all members present voting yes.
NO PARKING SIGNS – TECHNOLOGY PARK
Motion by Mariscotti/Gardner to purchase 6 signs and posts at a cost of $453.60 that read
NO PARKING in Technology Park duly carried with all members present voting yes.
Under discussion Mayor asked if that is the total cost and Mr. Tuday stated yes that is the
total cost. Mr. Bittner asked per sign or all signs. Mr. Tuday stated that is the cost for all
6 signs and posts. Mrs. Bridges suggested taking the monies for the signs out of the
gaming revenue funds.
Mr. Mariscotti and Mrs. Bridges amended their motion to pay for the signs at a cost of
$453.60 out of the gaming revenue money duly carried on a roll call vote with all
members present voting yes.
STREET SWEEPER
Mr. Mariscotti stated that Jeff has gotten bids on a Street Sweeper and they have been
discussing this for a year and we’re back to that when we need to start sweeping the
streets from the winter. He stated we need to get street sweeper in here at some point and
we either have to buy one or rent one, but we need to make a move in one direction or
another and Jeff has those estimates. Mr. Tuday stated he has two estimates and it is
roughly around $75,000.00 and the next one is $95,000.00. He stated he is still looking
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around. Mrs. Chambers stated if we could look around and go in conjunction with
another town or borough perhaps we could split it somehow. Mr. Tuday stated he is
looking into that too. Mr. Tuday stated us and the street department and the sewer
department and perhaps another borough. Mrs. Chambers stated we haven’t gotten any
money from the gaming revenue since last year. Mr. Bittner stated their were programs
out there through the state but whether or not they still exist with the new administration
in he’s not sure. Mr. Mariscotti stated there are some grants out there that if two
municipalities go together and he thinks it is $25,000.00, so if we could bring down the
cost and maybe get the college to help us out. Mr. Bittner stated if not he thinks this year
the amount of material on our streets from the wear and construction trucks he thinks it is
imperative that if we don’t purchase one we have to lease one for a week or whatever the
case may be but we definitely need a sweeper in this town this Spring. Mr. Bridges asked
if they looked in to the cost of leasing. Mr. Tuday that he thinks it is $95.00 - $125.00 per
hour and it starts as soon as he leaves his plant and a minimum of 4 hours. Mrs.
Chambers stated we may have to go that route until we can figure out if we can get the
money to purchase. Mrs. Chambers asked him to get council an update. Council
continued discussing possible financing of a new street sweeper and will come up with
possible options.
LETTER FROM RUSCITTO
Mr. Mariscotti stated Mr. George Ruscitto owns the Olympic Fitness Building on the
corner of Third and Wood Streets and he has been in touch with Mr. Cottrill of the Code
Enforcement Office to demolish the building. He is in the process of selling the building
and his demolition date from Mr. Cottrill was today so he had to do something, so the
letter basically says he would like council to request an extension and he read the letter
dated February 23, 2011. Mr. Mariscotti stated through his conversations with George
over the last couple of week, the company is trying to move ahead with the purchase and
they’ve done the environmental tests and it is just a matter of timing and securing a
couple other pieces of property on that lot in order for them to begin doing what they
want to do, so his suggestion to council is they hold off on Mr. Ruscitto’s demolition
orders and give him 90 days to give something that he is under purchase agreement with
this company. Mrs. Chambers asked if Council has the authority to extend that deadline,
Mr. DeHaas. Mr. DeHaas stated yes he thinks council can. Mr. Bittner stated once we
start this that process is a process that is designated by time and he thinks we need a
formal agreement to take care of this. He does not think it is just a matter of us voting, his
own personal opinion is that we need some formal paperwork that these things are going
to take place because Dan started this process, it is in our Ordinance and he doesn’t feel
right jumping in the middle of a procedure like that unless we have a formal agreement
approved by you the Solicitor, the other party, and then this council and that is the only
way he would feel comfortable handing this. Mr. Mariscotti stated George hasn’t heard
back from Dan. Mrs. Chambers stated so we need to talk with Dan and then we need to
talk with Ernie on this also.
PERSONNEL – MRS. BRIDGES
ADOPT RESOLUTION 11-002
Motion by Bridges/Gardner to adopt resolution 11-002 which requires non bargaining
unit employees to contribute to the payment of their medical benefits in the amount of
5% duly carried on a roll call vote with all members present voting yes.
Mr. Bittner stated he still cannot hear Miss Robert’s votes and the audience needs to hear
it and we need to hear it.
Motion by Bridges/Gardner, that due to the delay of the adoption of Resolution 11-002,
that the January and February 2011 employee contributions to health care be waived duly
carried on a roll call vote with all members present voting yes.
ENGINEERS REPORT – MR. BROWER
Mr. Brower gave updates on the sewer work throughout the borough.
PAYMENT REQUEST
Motion by Bittner/Bridges to pay payment request #4, contract #1, Glenn Johnson, Inc.,
application #2, $148,681.17 and should be drawn from the bond duly carried on a roll call
vote with all members present voting yes.
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Motion by Bittner/Bridges to pay Greensburg Environment, contract #2, application #2
for $65,164.30 to be drawn from the bond.
UPPER MALDEN ROAD EXTENSION
Mr. Brower stated this should service approximately 9 homes and he has submitted cost
breakdowns and cost less that $150,000.00. Unit prices per the existing contract and then
we still believe the contract will come in under budget so this change order will just be
using unused quantities. We have surveyed and laid out and they’ve talked with Penndot
and it is at council’s pleasure whether they want to do this.
Motion by Alfano/Mariscotti to approve the change order to sewer 9 houses on Upper
Malden Road duly carried on a roll call vote with all Mr. Bittner, Mr. Alfano, Miss
Roberts, Mr. Mariscotti, Mrs. Chambers, and Mrs. Bridges voting yes and Mr. Gardner
voting no.
Mr.Bittner asked Art to explain the cost effectiveness of this. Mr. Brower stated that debt
service should basically cover well over half of the debt you are going to incur on this
work. Mrs. Bridges asked how far up the hill will it go. Mr. Brower stated there were a
couple of houses toward the top that would not be cost effective to pick up. Mr.
Mariscotti asked if it goes up the church side or the other side. Mr. Brower stated it will
go up the right hand side and we’ll go under the road twice to pick up the houses on the
church side.
CHAPTER 94 WASTELOAD REPORT
Mr. Brower stated he turned this in and it needs a signature on that to send that to the
DEP.
STREET ORDINANCE
Mr. Brower stated we will have a meeting Wednesday, at 10:00 am to finalize details on
the Street Opening Ordinance.
MAYORS REPORT – CASEY DURDINES
FIRE DEPARTMENT
Mayor stated that he did want to mention the Fire Department’s fish fry. It is every
Friday from 11:00 – 7:00.
SELF CONTAINED BREATHING APPARTAUS
Mayor asked if council will pay for 5 Draeger SCBA’s for a total price of $24,725.00 to
be paid for out of the gaming revenue funds. He stated this is below the Costars program
purchasing price, it is a Draeger promotional price. He stated a number of the SCBA’s
that the fire department has are beginning to leak and after so many years they are no
good anymore so it is time to purchase some new equipment. Mrs. Bridges asked if the
Fire Department going to purchase any of these are have they already purchased any of
these. Mayor stated the fire department is currently looking at their finances to upgrade
some of the equipment. Mrs. Bridges stated they she did a little research on the last
meeting because the quote that we had received had expired on March 5th and there were
some questions as to Costars participation. She contacted Premier Safety Service and
requested cost breakdowns. She read the quote; cost for one unite of $5,205.00 and no
cost for shipping and cost for five units is $24,725.00 and no cost for shipping. They also
verified that they do have a Costars contract. Her question is, and she is not objecting to
ordering a couple of these, but she doesn’t think she can vote for five.
Motion by Bridges/Gardner to purchase two of them for $10,410.00 and possibly
purchase more if we get additional monies from gaming revenues duly carried with all
members present voting yes, except Mr. Bittner abstained stating he is a member of the
fire department.
Mrs. Bridges/Gardner amended the motion to include that this will be paid for out of
gaming funds and that Premier Safety Services, Inc. is a Costars participator.
Mayor stated he is asking for five of them and we’ve talked about this a number of times
and he appreciates her researching that. Mrs. Chambers stated we are down to $42,000.00
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in our gaming revenue and we still have committed payments to take out of there. Mayor
thanked council for purchasing the SCBA’s
SOLICITOR
Mayor stated he would like to ask Mr. DeHaas something. He stated that he has been left
out of a lot of things here in the borough lately and he would like to know if the Solicitor
has been instructed by anybody to not include him in certain things. Mr. DeHaas stated
no sir. Mayor stated so you’ve decided on your own not to include him in certain things
then. Mr. DeHaas stated he communicates with Council on matters that Council has to
vote on. Mayor stated so you are leaving me out of certain things is that what you are
saying. Mr. DeHaas stated not intentionally. Mayor stated you do have my email address
and you do have my phone number, and he has received some emails and some phone
calls but there are certain things that he is not getting. Mayor stated what if he has to vote
on this stuff, should he not be included? Mr. DeHaas stated any matters that calls for a
vote from council he communicates with council about and if it also includes matters that
are the responsibility of the Mayor then he includes the Mayor. Mr. Mariscotti stated
anything that comes to council should go to the Mayor because he is the tie breaking vote
if someone is not here to vote and he needs prior knowledge of it. Mr. DeHaas stated he
has no problem including the Mayor. Mayor stated at this time he would like to ask
council to advertise for a new Solicitor.
Motion by Bittner/Mariscotti to advertise for a new Solicitor failed on a roll call vote
with Mrs. Bridges, Mrs. Chambers, Miss Roberts, and Mr. Gardner voting no and Mr.
Mariscotti, Mr. Bittner, and Mr. Alfano voting yes.
SOLICITOR’S REPORT – MR. DEHAAS
ADOPT ORDINANCE #525 – PARKING RATES & ZONES
Mr. DeHaas stated Ordinance #525 which amends parking rates and zones has been
properly advertised so if you are inclined to adopt it you may make that motion.
Motion by Gardner/Bridges to adopt Ordinance #525, duly carried on a roll call vote with
all members present voting yes.
ADOPT ORDINANCE #526 – STORMWATER MANAGEMENT
Mr. DeHaas stated also Ordinance #526 was advertised and would replace your existing
storm water management ordinance in order to make it consistent with the County’s plan
so if you’re inclined you may make that motion.
Motion by Gardner/Bridges to adopt Ordinance #526, Storm water Management
Ordinance, duly carried on a roll call vote with all members present voting yes.
STREET ORDINANCE
Mr. DeHaas stated Mr. Brower had mentioned the Street Ordinance and he has drafted
some modifications from sections of Chapter 184 of the Borough Code book is the
applicable ordinance. If you wanted to be in a position to adopt it at the next meeting you
could authorize the advertisement of the amendment of those sections once we have this
meeting next Wednesday.
Motion by Bittner/Gardner to authorize the advertisement of amendments to the Street
Opening Ordinance duly carried with all members present voting yes.
OLD BUSINESS
No old business at this time
NEW BUSINESS
Mr. Gardner stated this is in everyone’s packet and should be read. Mr. David Vayansky
is requesting that the speed limit on Route 88 near the senior center be lowered from 45
miles per hour to 25 miles per hour.
BOROUGH MANAGER
Mr. Gardner stated we have quite a few applications for Borough Manager and they’ve
been lying back there for he doesn’t know how long and we budgeted for a borough
manager and it is time to either go through the applications or not proceed with it but let’s
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do something. Mrs. Chambers asked if everyone has reviewed them and let’s try and
weed them out as to who indicated that they understand the borough code and the
municipal code. Mr. Bittner stated there are a few that did not meet the criteria also and
did not fill out a formal borough application and he thinks they should be notified if they
do meet the criteria to have that form filled out before we interview. He doesn’t feel we
should interview anyone that does not meet the criteria of the advertisement.
Mr. Bittner requested the Secretary call the vendors of the phones and get a quote for the
adapters that sit on a desk so we can have proper communication with the people on
speaker phones.
Mr. Bittner stated he thinks it is the responsibility of council to set the office hours here at
the borough building so he made the following motion.
Motion by Bittner that all office in this borough are open from 8:30-4:30. Mrs. Chambers
called for a second to the motion. Motion died for a lack of a second.
Mrs. Chambers stated that concludes the business portion of our meeting.
RECOGNITION OF CITIZENS
JAMES MADDIEX
Mr. Maddiex read the officers of the Planning Commission and announced that the
meetings for April, May, and June will be the second Tuesday at 6:30 here in council
chambers. He stated that Signatures parking lot will be need to paved soon since you
have 1 year to pave and the asphalt plants will be coming on line fairly soon. He feels
there need to be a policy of the use of speaker phone and conferencing during council
meeting.
NORMA RILEY
Mrs. Riley stated she has lived and worked in this town her entire life and she attended a
zoning hearing board about three weeks ago concerning townhouses. She bought a nice
quiet little house in a little nice quiet little neighborhood that she thought was going to
stay that way. She is soon to retire and she was told that there is not a damn thing she
could do about this, because somebody failed to hold a zoning hearing on this. She is
angry; she was denied her right to speak out against this.
RUSS URICK
Mr. Urick is also upset about the townhouses and they forgot to file or send it to the
zoning hearing board. He wants to know who is responsible for cutting trees on Mr.
Dickey’s property. Mrs. Chambers stated it is the owner’s responsibility and it is private
property. Mr. Urick stated Allegheny power stated they are behind schedule.
ROSE URICK
She stated there is a lot going on with this Dickey case. She stated that she is on the
Zoning Hearing Board and they were not notified and she doesn’t understand where the
paperwork was for a year. Who’s office was it in and it was stamped, where was it, she
would like to know. Also the day of the hearing she would like an answer from Mr.
Bittner and Mr. Alfano why they had a private conference with the Zoning hearing board
solicitor in the back office and she was not included to talk about the Dickey case before
it was heard. Mr. Bittner stated he and the solicitor has been friends since he was on the
Zoning hearing board and that he took him in the back and they had a conversation. Mrs.
Urick asked about what? Mr. Bittner stated he asked where the zoning officer was and
that he explained that he was not coming. Mr. Bittner stated that the solicitor stated he
does not know what he can do about this and he told him how he felt about it and how he
saw the case. Mrs. Urick stated this is a clear case of corruption in her eyes. She was here
on April 8th 2010 at a meeting and she has the minutes and she asked why they were not
being notified of any hearings and Patsy said he didn’t know, are there any hearing.
While he is in charge of the Zoning and somebody needs to be getting their act together
down here. Mr. Cutshall’s tires up there, that is another case. She recorded them and
showed the Chief of Police and he said he couldn’t listen because it was recorded
illegally, that she wire tapped them illegally. She stated that she cannot control what her
cameras do. She did not want him to do anything about she just wanted him to get an idea
of what goes on in the neighborhood. From now on it doesn’t matter. Mrs. Urick stated
the Chief can arrest her she doesn’t care. She asked if anyone wanted to listen to her
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recording, they can take it home and they can listen to it. Mrs. Chambers stated if she
wanted to leave it here that she would give it to Dan to listen to. Mrs. Urick left the CD
with Mrs. Chambers.
DAN FOWKES
Mr. Fowkes advised that people in his neighborhood need to keep their cars locked
because there have been people entering vehicles up around there.
He stated that he knows exactly what she is talking about with this apartment building.
Those letters sent out, what criteria was used that only those people who live within 300f
feet of that building should be notified. He stated that noise is going to affect more than
those people who live with 300 feet and there should have been a lot more people
notified. He asked council what was the status today of that building up there, the 16 unit
building. Mrs. Chambers stated she saw a letter from the Zoning Hearing Board that it
was approved for 16 units, she thinks. She was not at the meeting, nor was she suppose to
be at the meeting. Mr. Gardner stated a gentleman brings down a $650.00 check and it
goes to the zoning board and all of the sudden we can’t find the check. Nobody knows
where the check is. Someone correct him if he is wrong but once you do the check and
someone wants to do something it should be sent to the Zoning hearing board for a
hearing, that was not done. Mrs. Riley stated somebody failed to do their job. Mr.
Gardner stated somebody down here dropped the ball on the check that suddenly and
miraculously appeared. Nobody up here wanted to say anything, but that is what
happened. There was a check delivered and nothing was done the ball was dropped. It is
that simple. Mayor stated it sat on somebody’s desk for 6 months is what it did. Mr.
Fowkes stated some of his neighbors sold and are now rented by college students, then
the area was rezoned and they can’t rent their properties to students, but they live with
students all around them and now a proposed 16 unit building full of students on Zulu
and Peach Street. What he can’t understand if R1 is to keep our neighborhoods either
student free to students out, it should be just that student free with no exceptions. But
under the current system we can’t rent our places to students, but his house can be sold to
someone who has a son or daughter in Cal University and they can in turn put three or
four students in the very house that he sold him. The results are the same, do you people
understand that. He wants to know is the town house project a done deal and ultimately
who is to be blamed. Everyone is so quick to stand up and take the praise so tell us who is
to blame? He wants to know, is it council, Mr. DeHaas, or the Zoning man. Someone has
to be held accountable if that building is to be built up there and we want to know who it
is. If this is done deal then our neighborhood should be rezoned why should they be
penalized and forced to sell their homes, council is limiting there possibilities.
Mr. Bittner stated that he tried to trace that check down, that check came into the borough
Secretary/Treasurer office, Elizabeth Pfrogner and was copied and turned over to the
zoning officer. He stated that he went into the zoning office and asked if that check
existed. The folder was pulled and the check was in there. He asked the same question
where was the ball dropped and he would like to have that answer also. He stated that at
the public hearing the attorney stated that was deemed approved after two months
because there was no official action. Further discussions took place and it was noted that
the check was found and was given to the current Secretary/Treasurer and deposited in
the bank this past Monday.
LORRAINE VITCHOFF
Miss Vitchoff asked what publication Mr. Bittner referred to earlier and did it contradict
Mr. DeHaas’s legal opinion. Mr. Bittner stated the interpretation by the research
department of the borough news states that a physical quorum here to start a meeting. Mr.
Bittner stated you have to have 4 or more bodies sitting here. Miss Vitchoff asked if
council met at all since the last meeting. Mrs. Chambers stated we did meeting to discuss
police personnel and there were four council members, Mr. DeHaas, and the Mayor was
present via telephone. Miss Vitchoff asked if that was an advertised meeting and should it
have been? Mrs. Chambers stated no it was not advertised nor should it have been it was
called to discuss a legal issue with police personnel and she thanked Miss Vitchoff for
bringing that to her attention and she did not remember to put that in her notes but should
have announced it at this meeting. Miss Vitchoff stated so it wasn’t necessary to advertise
it. Mrs. Chambers stated no. Mayor Durdines stated he wants this in the minutes so his
feelings are clear on this; anytime you meet in a quorum whether in an executive session
or not he feels that the meeting has to be advertised. He asked Ernie to research that and
Ernie stated no that is not the rule. Mayor stated well it may not be but it is good practice.
Miss Vitchoff commented on the importance of snowflakes versus Fire equipment.
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She suggested prioritizing items to be purchased by the gaming revenue monies. Her
final topic was on March 8, 2011 was the deadline for filing for those running for office.
The statements of Financial Interest are to be filed at the Municipal Building. She stated
that she came to submit a statement of financial interest form but the door was locked,
however, Vicki Gallo came to the back door and Mrs. Chambers let her in, since she was
in the building and then Mrs. Gallo left out the back door. She stated that she was not
afforded the opportunity to submit this. Mrs. Chambers stated if you saw her come in and
leave through the back door she asked Miss Vitchoff why didn’t she come to the door and
Miss Vitchoff stated that she was already in the parking lot and Mrs. Chambers asked
why didn’t she approach her then and submit it. Mrs. Vitchoff stated oh she couldn’t
catch her by car. She stated that she came back the next morning and asked the
Secretary/Treasurer if she could submit one and was told that she could but it would have
to be date stamped. She stated that if it is good for one it should be goof for all, so there
should be equal opportunity here in California Borough. There was further discussion
about hours and procedures.
MR. HARRIS
Mr. Harris asked on the things for the fire department and asked if heard right that 5 of
them $24,725.00 and one of them is $5,205.00, so we’re going to buy two of them for
$10,000.00 and some instead of buying the 5 for 24,000.00 that was a hell of a savings.
Mrs. Bridges stated it comes $260.00 per unit. Mr. Harris stated plus shipping. Mrs.
Bridges stated there are no shipping charges. He questioned the gaming revenue funds
and disagrees with council’s decision.
MR. BITTNER
Mr. Bittner stated that the revised borough code is addressing the issue of participating at
meeting via phone.
Mr. Bittner stated that he thinks the Zoning Officer should have to attend al the zoning
hearing board meetings to provide testimony on properly advertising and that the
property owners were notified and then he goes through events as they occurred and all
that has to go into the written record and he is the official representative of the borough.
If council has an objection they have the right to attend just as a citizen as a right.
Meeting adjourned 9:00 pm
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