Continued Meeting of California Borough Council, December 22, 2009, 4:00 pm President Bittner called the meeting to order at 4:00 pm PRESENT: Mr. Difilippo, Mrs. Gallo, Mr. Bittner, Mr. Mariscotti, Mrs. Chambers, Mr. Kurilko ABSENT: Mr. Weld, Miss Roberts, and Mayor Durdines PUBLIC COMMENT: New locks for the Municipal Building when you have a discussion please give a justification to why they are needed. Ordinance #520 I’d like you to keep in mind we are a University town and they move in and out with graduation, you might want to keep that in consideration. ADDITIONS OR CORRECTIONS TO AGENDA Mrs. Gallo added she’d like an executive session at the end of the meeting for personnel PRESIDENTS REPORT – MR. BITTNER RESPONSE COMPUTER SERVICE The new service agreement for the year of 2010 is $2,508.00 in my opinion and the opinion of the office staff is they are very good and they are here when they’re needed. Motion by Chambers/Gallo to accept the service agreement with the caveat that they change January 31st to Dec. 31st duly carried with all members present voting yes. NEW LOTS FOR THE MUNICIPAL BUILDING Over the years, about 10 years, we’ve had the same locks on the Municipal building and we’d like to look into possibly getting new locks on the Municipal building. So we’d accept a motion to investigate and get some quotes for installing new locks on the Municipal building. Motion by Chambers/Gallo that they get quotes on replacing the locks on the Municipal building duly carried with all members present voting yes. PUBLIC WORKS – MR. WELD Mr. Bittner stated that Mr. Weld is not here yet and does anyone on council have the hiring of a full-time street employee. Mrs. Chambers asked if the references were checked and Mr. Bittner responded that he did check the references on Mr. McCue, but would like to leave this open until Mr. Weld arrives or deal with it at the end of the agenda. PUBLIC SAFETY - MRS. CHAMBERS RESOLUTION 09-110 Mrs.Chambers would like council to adopt Resolution 09-110 where as the Borough waives police pension contributions for the pension fund year 2010. Miss. Pfrogner added that according to the actuarial there are sufficient funds to waive the police contributions at this point in time. This has been a past practice for several years not saying that maybe two, three, or four years down the road they might have to start contributing, and she feels this may be a good thing because we have so many young officers coming on board at this point in time. Motion by Chambers/Diflippo to adopt Resolution 09-110 waiving the police pension contributions for 2010 duly carried with all members present voting yes. PUBLIC SAFETY- MRS. GALLO Nothing to report FINANCE – MR. DIFILIPPO Nothing to report FINANCE – MR. MARISCOTTI 2010 GENERAL FUND BUDGET Motion by Mariscotti/Difilippo to adopt the General Fund Budget for the year 2010 with income of $1,354,913.00 and expenses of $1,354,913.00 duly carried with all members present voting yes Mr. Bittner added that these figures are without a tax increase, taxes will remain the same. 2010 SEWER FUND BUDGET Motion by Mariscotti/Difilippo to adopt the 2010 Sewer Fund Budget with an income of $1,826,500.00 and expenses at $1,899,447.00 duly carried with all members present voting yes. 2010 HIGH WAY AID FUND BUDGET Motion by Mariscotti/Difilippo to adopt the Highway Aid Fund for the year 2010 with an income of $142,774.00 and expenses of $142,774.00 duly carried with all members present voting yes. TAX ORDINANCE 518 Motion by Mariscotti/Chambers to adopt Ordinance #518 duly carried with all members present voting yes. 2010 SALARY SCHEDULE (CHIEF & NON-UNION EMPLOYEES) Motion by Mariscotti/Gallo to adopt the 2010 Salary Schedule for Chief and non-union employees duly carried with all members present voting yes. PUBLIC HOUSING – MISS ROBERTS Miss Roberts is absent SOLCITORS REPORT – MR MELENYZER LIGHT POLE RELEASE AGREEMENT Mr. Melenyzer stated that as was discussed before the release that was sent to us we’re not arguing about the amount, but the written language within the release did not protect the Borough enough from third party claims so therefore, we prepared a new release and shipped it on and Chris from our office has called the adjuster several times and they have not responded one way or the other. Now the only thing you can do, because I think we want to get the money and we want to get the pole put back in place and everything corrected, you could approve the release that we prepared subject to them signing it, and if they don’t we won’t give them the release. Motion by Diflippo/Gallo to sign the amended release by our solicitor and it can be executed upon their approval duly carried with all members present voting yes. Mr. Agrafiotis interjected and said he had just received message from Attorney Sam who said that he just got off the phone with the insurance people and they have accepted the terms of the amended release. Motion will stand as is. ORDINANCE #519 Attorney Agrafiotis stated that this and Ordinance #520 were advertised last Tuesday in the paper. Ordinance #519 regulates garbage and containers prior to collection they can be put curbside no sooner than 24 hours, that’s all garbage and all recyclable containers. Then subsequent to curbside collection the people will have 24 hours to remove the empty containers from the curb. There is a section that deals with the kind of containers that are acceptable. There are penalties a written warning on the first offense then any subsequent violations will get a fine of not less than $100.00 not more than $600.00. These fines amounts are in line with our other ordinances fines. Motion by Chamber/Difilippo to adopt Ordinance #519 dealing with regulating Municipal Waste duly carried with all members present voting yes. Mrs. Gallo asked that if they don’t put the lids back on they’re flying when the wind blows. So if they don’t put the lids back on the garbage, it’s going to be an issue. Mr. Melenyzer stated that if they didn’t have a lid once they would get a written warning, if they didn’t have a lid twice they could get a $100.00 fine. Mr. Bittner added that he would have a tough time with that since you can put out a garbage bag. Mr. Melenyzer suggested that it’s not a question of legal it’s a question of practicality. Mr. Bittner added that we only want the garbage out overnight, not for 3 or 4 days in a row. That’s the intention of this ordinance not to hassle anyone over lid on their can. Now if the garbage is loose in the can of course there should be lid on it. ORDINANCE #520 Attorney Agrafiotis stated that Ordinance $520 was also advertised last Tuesday. Mr. Bittner provided council with a sketch as well as the attorneys on the property and its location. He stated that he had procured the legal descriptions from Fayette Engineering, based on their sketch here, basically we are exchanging a piece of property with Mr. Capanna, which will allow us straight access to our property from route 88 to our Borough Storage area and also to our reserve parking area by the borough playground. The piece of property we are conveying to Mr. Capanna is of no immediate benefit to the borough and he was agreeable in the exchange with the Borough. Motion by Difilippo/Gallo to adopt Ordinance #520 duly carried with all members present voting yes. PA MUNICIPAL SERVICE (PAMS) AGREEMENT Mr. Melenyzer stated that he has reviewed the agreement and it is fine but he has a little problem with what council wants to do. It’s automatically renewed if either party doesn’t give the other party 90 days notice prior to its expiration. I have a problem with that from a practical stand point, because the difficulty that municipalities have is tracking dates, times, notices, etc. I’m willing to listen to whatever council wants to do; you can make it a contract that doesn’t renew itself and therefore there has to be notification from them to the Borough stating they’d like to renew and then we could respond, you can do that on a 30 day, 60 day, 90 day but that way you’re putting the burden of notice on them not us. Mr. Bittner stated that our current contract with PAMS has the clause in it and it’s been that way for many years, not saying that it’s right or wrong. Mrs. Chambers asked if we could just insert that line in there, and Solicitor Melenyzer stated of course you can. Mr. Bittner stated we could do that and approve it pending them approving the change. Motion by Chambers/Gallo to approve the agreement with PA Municipal Service pending them approving it with the automatic renewal clause removed duly carried with all members present voting yes. FULL TIME STREET DEPARTMENT EMPLOYEE Keith stated that he talked to Betty this afternoon and rather than have his effective hire date January 1st, he’s rather it be January 4th. Number one January 1 no-one is working and then you go right into a weekend. Mr. Mariscotti suggested we let it go until the 4th at the reorganization meeting. Mr. Bittner adjourned the meeting at 4:30 and council will go into executive session and will report back on that at the meeting on the 4th of January.