MINUTES
INDIAN LAKE BOROUGH COUNCIL MEETING
MAY 10, 2006
The regularly scheduled meeting of the Indian Lake Borough Council was held on May 10, 2006
at 7:00 P.M. at the Indian Lake Borough Building.
THOSE PRESENT:
Terry L. St. Clair, Council President
Michael Miscoe
Charles McCauley
P. Scott Moore
John Walters
Bryan Bozovich
Patricia Dewar
Barry S. Lichty, Mayor
Theresa L. Weyant, Borough Secretary
David S. Dickey, Solicitor
Harry Huzsek, Superintendent
THOSE ABSENT:
Visitors – Mary Carey, Judy Emerick, Robert and Wendy Wilkerson, David and Karin Gwin, Paul and
Anita Brodt, Don McFarland, Sandra Upor, Brenda Wasson, Kathy Moore, Robert Pyle, Keith Perl, Albert
Diehl, Don Reed, and Fred Jones.
The meeting was called to order at 8:00 P.M. by Terry L. St. Clair, President.
ORDER OF BUSINESS
1.
Approve the Minutes of the Hearing and Meeting held on April 12, 2006 – St. Clair asked for
additions and/or corrections. There being none, Walters moved and Dewar seconded to approve the
minutes as submitted. All ayes, motion carried.
2.
Financial Reports – Secretary reviewed the Income & Expense Report, the Budget Report and the
List of Bills for April 30, 2006. Secretary would like to add the following additional outstanding bills to
the List of Bills Report: Cingular Wireless, Apr’ ’06 cellular phone charges, in the amount of $13.33; Jack
Humberson Electronics, clean & repair police computer printer, in the amount of $45.00; U.S. Postal
Service, postage for sewer maintenance letters and bills, in the amount of $185.52; Beckwith Machinery,
connector for back-hoe, in the amount of $7.91; PA Department of Labor & Industry, boiler inspection, in
the amount of $44.00; New Enterprise Stone & Lime, 113.11 T AASHTO #3 and 307.45 T 2RC material,
in the amount of $3,793.73; and Bell & Dickey, Apr ’06 legal services, in the amount of $397.00. Miscoe
made a motion to approve the Borough’s Financial Reports, including the amendments to the List of Bills
Report. Dewar seconded the motion. All ayes, motion carried.
Secretary reviewed the Water Works Income & Expense Report and the List of Bills for April 30,
2006. Miscoe made a motion to approve the Water Work’s Financial Reports as presented. Dewar
seconded the motion. All ayes, motion carried.
Secretary reviewed the Sewer Plant Financial Reports and the List of Bills for April 30, 2006.
Miscoe made a motion to approve the Sewer Plant Financial Reports as presented. Walters seconded the
motion. All ayes, motion carried.
Secretary reviewed the Summary of Account Balance Report for April 30, 2006. Miscoe made a
motion to approve the Summary of Account Balance Report for April 30, 2006. Walters seconded the
motion. All ayes, motion carried.
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3.
Welcome Visitors – – Mary Carey, Judy Emerick, Robert and Wendy Wilkerson, David and Karin
Gwin, Paul and Anita Brodt, Don McFarland, Sandra Upor, Brenda Wasson, Kathy Moore, Robert Pyle,
Keith Perl, Albert Diehl, Don Reed, and Fred Jones.
4.
Legal Report:
A.
Update on Zoning Violation Citations for Wayne Lehman, David Markferding and Mark
Raymond – Attorney Dickey reported that Magistrate Cook’s Office is trying to serve notice to David
Markferding by Certified Mail, the citations for Mark Raymond are ready to file, and he has to check with
Magistrate Cook’s Office for an update on Wayne Lehman.
B.
Sewer Maintenance Program:
1.
Agreement for On-Lot System Inspector – Dewar made a motion to accept the
agreement with Musser Sewage Specialists as the Borough’s On-Lot System Inspector for a period of 5
years at a cost of $50.00 per lot. Miscoe seconded the motion. All ayes, motion carried.
2.
Proposed Sewage Maintenance Letter to Residents – Miscoe made a motion to
authorize the Borough Secretary to send the proposed sewage maintenance letter to the residents who are
selected to have their sewer systems inspected in 2006, with the approved revisions. McCauley seconded
the motion. All ayes, motion carried.
3.
Set the Yearly Sewage Maintenance Inspection Fee – Walters made a motion to
charge each property owner with an on-lot sewage system $20.00 per year to cover the sewage inspection
fee. Miscoe seconded the motion. All ayes, motion carried.
C.
Somerset County Board of Appeals-Change in Assessment – Secretary stated that this
notice is for Arawak 47 and Arawak 48, which was donated to the Borough by P.B.S. Coals. Secretary
reported that the property is listed as tax exempt and no further action is needed.
5.
Correspondence:
A.
Shanksville Volunteer Fire Department - Request for Donation - The Shanksville
Volunteer Fire Company is requesting a donation. Miscoe made a motion to follow the policy as in the
past and no additional donation is to be made at this time. Dewar seconded the motion. All ayes, motion
carried.
B.
Department of Environmental Protection-Calendar’s Run Orange Water Investigation –
The Department of Environmental Protection was contacted on April 11, 2006 concerning the orange water
flowing into the tributary at Calendar’s Run. An investigation was conducted by John Wilk, Mine
Conservation Inspector on April 14, 2006. The investigation found the orange color in the stream was not a
result of any surface mine activity. As a result, this matter was referred to the California, PA office for a
deep mine evaluation.
C.
Somerset County Boroughs Association-May Dinner Meeting – The Somerset County
Boroughs Association is holding their May Dinner Meeting on May 18 th at 6:30 P.M. at St. John’s Parish
Hall in New Baltimore. The cost is $11.00 per person. No one to attend.
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D.
Myles Stepanovich – Shoshone Inlet Modifications – Mr. Stepanovich has met with
Randy Musser from Musser Engineering concerning the Shoshone Inlet modifications. There needs to be
an on-site visit/inspection of the site by the Pennsylvania Department of Environmental Protection, the
Army Corp of Engineers, and Musser Engineering. Once this visit is completed a better idea of the
project’s feasibility, its impact on the environment, and a more definitive estimate on the cost of the
project. Mr. Stepanovich is asking the Borough to send a letter to the Pennsylvania Department of
Environmental Protection requesting a preliminary site visit/inspection as soon as possible. The only cost
associated with this requested would be approximately 2 hours for Musser Engineering’s time. Council
asked Charlie McCauley to contact Forrest Schucker to see if they are committed to finishing this project
and following through with the permitting process. If they are, once the permits are issued, the Borough
will release the remaining $1,039.02, which has been allocated to this project.
E.
Somerset County Economic Development Council-Request for Contribution – The
Somerset County Economic Development Council is requesting a contribution. Miscoe made a motion to
follow the policy as in the past and no additional donation is to be made at this time. Bozovich seconded
the motion. All ayes, motion carried.
6.
Committee Reports:
1.
Finance Report:
A.
Adopt a Resolution Opposing Statewide and Federal Cable Franchising
Legislation – Secretary reported that at the April 12th meeting a letter was sent notifying the Borough that
the House Energy & Commerce Committee was drafting a bill that would award phone companies national
cable franchises. It stated that phone companies such as AT&T, Verizon, SBC and others would not have
to sign local cable franchise agreements, which, of course, cable operators have done for decades. It would
strip municipalities of their historic role in the cable franchising process and relieve phone companies of
many of the most fundamental provisions associated with local cable franchise requirements.
Adelphia did request that the Borough send a letter to our Congressman to weigh in with
Chairman Barton and Ranking Member Dingell and oppose this bill, which is a sweetheart deal for the
phone companies and a bad deal for municipalities and consumers. Secretary contacted Adelphia to see if
they had a form letter, and was informed that there wasn’t a form letter but they did have a proposed
resolution, which they have been asking the municipalities to adopt and to forward that to Adelphia.
Secretary provided each council member with a copy of the proposed resolution. Miscoe made a motion to
adopt the proposed resolution opposing statewide and federal cable franchising legislation as presented and
to forward a copy of the resolution to Adelphia. Dewar seconded the motion. All ayes, motion carried.
2.
Public Works:
A.
Lake Fecal Samples - Dewar made a motion to accept the quote from Norac
Laboratories, Inc. to do the lake fecal samples at a cost of $9.00 per sample. Bozovich seconded the
motion. All ayes, motion carried.
B.
2006 Road Bids
Opening of 2006 Road Bids – Bid tabulation forms were given to Council
Members. Bids for the Paving were opened and quotes were as follows:
Option 1 – 2,813 Tons 19mm Superpave Wearing Course
New Enterprise Stone & Lime
H.R.I.
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$133,898.80
$141,775.20
Option 2 – 1,159 Tons 19mm Superpave Wearing Course
New Enterprise Stone & Lime
H.R.I.
$57,544.35
$65,586.00
Walters made a motion that upon review of the bid specifications, and they are
found to be in order, the lowest bid furnished by New Enterprise Stone & Lime, in the amount of
$133,898.80 for Option 1 is accepted. Miscoe seconded the motion. All ayes, motion carried.
2006 Stone Bids
New Enterprise Stone
Hanson Aggregates
#8 AASHTO
2RC Material
#3 AASHTO
#1 AASHTO
$12.70
16.40
$ 9.70
10.15
$11.70
11.80
$11.70
12.10
Walters made a motion that upon review of the bid specifications, and they are
found to be in order, the lowest bid furnished by New Enterprise Stone & Lime for all the stone aggregates
are accepted. Dewar seconded the motion. All ayes, motion carried.
3.
Environmental Report:
A.
Amending the May 13, 2005 Tree Cutting Agreement with Appalachian Forest
Consultants – Miscoe made a motion to amend the our agreement with Appalachian Forest Consultants and
Ron Hocker Logging to cut and remove timber from a twenty (20’) foot hiking and biking trail, and certain
adjacent areas which have been selected and marked by Musser Engineering and Appalachian Forest
Consultants by changing the commencement date to June 1, 2006 and the conclusion date to August 15,
2006. McCauley seconded the motion. All ayes, motion carried.
B.
Weed Treatment Agreement – The weed treatment dates have been set for
Monday, June 19th, Tuesday, June 20th, and Wednesday, June 21st. Miscoe made a motion to execute the
agreement with William Kirkpatrick, the Aquatic Biologist, to do the herbicide treatment of the lake for a
cost not to exceed $30,000.00. Walters seconded the motion. All ayes, motion carried.
4.
Zoning Report:
A.
Jim Brant Rezoning Request – Secretary provided each council member with a
letter from Mr. Brant requesting that Council delay any action on his rezoning request of the North Marina
until the sewage uncertainties are resolved and the Somerset County subdivision planning are resolved.
Mr. Brant has agreed to waive the timeframes regarding his rezoning request and he further agrees to pay
for all the re-advertising expenses.
B.
Robert Pyle-2.28 Acres Rezoning Request – Secretary reported that the public
hearing was held on April 12, 2006 and the Planning Commission has reviewed all the documents from the
public hearing and they are recommending that Council approve the re-zoning of the 2.28 acres from
Commercial Recreations to R-1 (single family residential). Walter made a motion to approve the rezoning
of the 2.28 acres from Commercial Recreational to R-1(single family residential). Miscoe seconded the
motion. All ayes, motion carried.
7.
Old Business: None.
8.
New Business: None.
9.
Public Comment – None.
With no further business to discuss, Miscoe moved and McCauley seconded to adjourn the
meeting at 9:50 P.M. All ayes, motion carried.
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The next regularly scheduled meeting of the Indian Lake Borough Council will be held on June
14, 2006 at 7:00 P.M. at the Indian Lake Borough Building.
Respectfully submitted,
Theresa L. Weyant
Borough Secretary
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