Borough of Elizabeth

Borough of Elizabeth Minutes

August 22, 2017

Page 1 of 6

BOROUGH OF ELIZABETH

August22, 2017

Regular Meeting of Council

Members Present:Devie Rollison,Paul Shaner, Paula Stevens, Julius Brown

Absent:Robin Payne-Main, Gregory Huschak, Chad Rager

Also Attending:Mayor Ann Malady, Solicitor Krisha DiMascio

Recorded by:Pamela Sharp, Secretary

Order/Pledge of Allegiance

The regular meeting of Council was called to order at 7:00-PM by Council President Devie Rollison. The Pledge of Allegiance was recited. Mayor Malady asked for a moment of silence in honor of the military personnel who lost their lives aboard the U.S.S. McCain. President Rollison stated that, prior to the Council meeting, Council members met in an executive session to discuss personnel matters. In addition, the meeting is being recorded for the purpose of minute-taking.

VISITORS

Betty Krofek stated that, last year, she had some property damage to her yard when an over-sized truck failed to negotiate a turn in front of her house near the intersection of 8th and Mulberry. The truck also struck the Borough’s street sign, and the post has now broken into two pieces. Earlier this week, she contacted the Borough office when an over-sized truck with an escort was having trouble negotiating a turn at the same section of road in front of her house. Ms. Krofek wanted to know why these large trucks are allowed to drive through the Borough’s narrow streets. She asked if the Borough could install a sign saying, “No trucks beyond this point.” Vice President Shaner said that he would like to know why PennDOT is permitting over-sized trucks to navigate through the Borough.Solicitor DiMascio suggested that the Borough could send a letter to PennDOT, with a copy to Representative Saccone. The Borough Secretary said that PennDOT instructs the truck drivers to notify the police department prior to driving the permitted routes, so she would like to discuss this with Police Chief Butler prior to any letters being written.

John Morrisonsaid that he lives on Hickory Street, and he came to complain about the abandoned house on Locust Street, which is next to his residence. Besides the overgrown trees and vegetation, the abandoned property plays host to a wide variety of wild animals and rats. Mr. Morrison said that he has spent both his time and his money cutting down overgrown trees, trimmingthe weeds, and unsuccessfully trying to keep the rodents out of his house. He notified the Department of Public Health and Allegheny County about this matter, and he submitted a formal complaint to the Borough back in July 2017. To date, nobody has done anything to resolve this situation.Solicitor DiMascio said that Council will be hiring a code enforcement officer tonight, and she will make sure that this matter gets turned over to him. The code enforcement officer can site the owner and bring him before the Magistrate, but this is a lengthy process and will not produce immediate results. Solicitor DiMascio said that his best course of action is to contact the Department of Health since this government agency has the authority to actually go onto the property; the Borough has no such authority without a court order. Mr. Morrison said that the Department of Health told him to call them back in 30 days if this matter has not been resolved. This is what he will do.

Solicitor DiMascio said that the only other option available to the Borough is to find grant funding that will allow the Borough to demolish the property. This is an extremely lengthy process which can take from one to two years. Mr. Morrison reiterated that he is going to contact the Department of Health tomorrow. President Rollison gave Mr. Morrison her telephone number and asked Mr. Morrison to contact her when the Department of Health will be on the property.

Floyd Sorg said that he owns the property at 117 S. 2nd Avenue. A few months ago, Council voted to condemn the building on the left side of his property. Solicitor DiMascio responded that the Court overturned the Borough’s decision. Mr. Sorg said that the property owner is now fixing it, and he wants to know what the Borough is going to do about it. Solicitor DiMascio responded that the property owner cannot fix the building because he has not applied for a permit. She addedthat the previous building inspector issued a “Stop Work” order, but the building owner ignored this order. Tonight, Council is hiring a new building inspector who is familiar with this situation. The new building inspector will be given this matter to handle.

Floyd Sorg said that the tenants of the building on the right side of his property are trespassing on his roof. People have seen them having cook-outs and parties on the roof of his building. Solicitor DiMascio said that there is nothing that can be done after-the-fact. If this happens again, the police need to be contacted while the trespassing is in progress. Mr. Sorg added that the fire escape on the neighbor’s building does not reach the ground. Mr. Sorg wanted to know how this building can keep changing hands when the building has a non-functional fire escape. Solicitor DiMascio said that the property owner is not complying with the Borough’s occupancy permit ordinance.

Floyd Sorg said that there is a vacant lot behind his property. He’s been maintaining the vegetation on this empty lot, even though he does not own the property, but he is no longer able to do so because of the dog waste that is all over this lot. Solicitor DiMascio suggested that Mr. Sorg look into the Allegheny County Vacant Sidewalk Program. For just a small fee, this program allows eligible applicants to acquire vacant lots that are adjacent to their properties - at no cost. Once acquired, usage of the lot will be subject to the Borough’s zoning ordinance. Mr. Sorgsaid that, right before Riverfest, somebody from the Borough cut the grass on this lot and left grass clippings all over his walkway. He called the Borough office to complain, but nobody ever came out to clean it up.

Rachel Neff said that she and her husband are involved in a lawsuit with their former landlord. The building in which they ran their business, Steel River Designs, had no bathroom or heat, and their water had been shut off. They have moved out of that building, but they need to prove to the court that the building was not fit for occupancy. Mrs.Neff asked if the Borough’s building inspector could do an inspection of this property for them. Solicitor DiMascio said that, unfortunately, they cannot ask for an occupancy inspection on a building that they do not own. They will have to hire a third-party inspector.

Nancy Madden asked when the Borough is going to finish construction of the Maple Avenue project. In addition to the retaining wall, the streets in that area are in very bad condition. Vice President Shaner said that these streets were scheduled for repair last month, but it was discovered that the water company had a project in that area, so the paving was put on hold since the water company is going to be digging up the street to repair a water line. Vice President Shaner added that the Elizabeth Borough Municipal Authority soon will be digging up the streets in this area to update the sewage infrastructure for the sewer separation project, as required by the PA DEP. After they dig up these streets, they will patch the affected streets and, in 2018, they will be repaving these areas curb-to-curb. Just like the Borough is doing this year, it hopes to be able to piggy-back onto this paving project in 2018 to make additional repairs to the roads in the area for a fraction of the cost. Nancy Madden asked about the repairs to the retaining wall. Vice President Shaner explained that the Borough has been trying to get grant funding for this project year after year. Each year, the Borough applies for a grant to fix this wall, but grants for this type of project have not been available. The Borough will continue to apply for funding until the matter is resolved, but it may take some time.

A man who did not identify himselfsaid thatthe road behind his house, Harrison Street, is in deplorable condition, and he asked whether somebody from Council could please take a look at it.

APPROVAL OF MINUTES

Per Solicitor DiMascio, the approval of the June 27, 2017, Minutes will be held over until the next regular meeting of Council since there are not enough Council Members who are currently present who were also present at the June 27th meeting.

PAYMENT OF BILLS

A motion was made by Vice President Shaner and seconded by J. Brown to authorize the payment of theinvoiceson the Payables Report dated August 18 2017, as well as the new invoice from Dodaro, Matta & Cambest in the amount of $3,054.50. All in favor, motion was carried.

REPORTS

Mayor Report

Mayor Malady presented the following July 2017 Complaint Report:

Mayor Malady wanted to thanka young man named Christopher Lacey,who lives on 9th Avenue, for keeping the grass cut on the vacant lot located at 8th & Ferry. She added that he does this at his own expense.

Mayor Malady said that she would like for Council to issue a proclamation for Dr. Brown. He came to Elizabeth in 1972 to open his practice, and he just retired.

Treasurer’s Report

Vice President Shaner read the following Treasurer’s Report dated August 18, 2017:

A motion was made by P. Stevens and seconded by Vice President Shaner, to accept the Treasurer’s Report dated August 18, 2017. All in favor; motion was carried.

Solicitor

Handicapped Parking Ordinance Advertisement

Solicitor DiMascio stated that Council needs to vote to authorize the advertisement of the drafted handicapped parking ordinance. This ordinance establishes procedures for getting a residential handicapped parking permit. A motion was made by Vice President Shaner and seconded by J. Brown to advertise the drafted handicapped parking ordinance which establishes procedures for getting a residential handicapped parking permit. All in favor, motion was carried.

Employment Agreement with Mark Reis

Solicitor DiMascio stated that Council needs to vote to accept the employment agreement between the Borough of Elizabeth and Mark Reis. Mr. Reis is being hired as a part-time employee to handle the Borough’s building inspection and code enforcement duties. He will be paid at a rate of $30/hour. A motion was made by Vice President Shaner and seconded by J. Brown to accept the employment agreement between the Borough of Elizabeth and Mark Reis. All in favor, motion was carried.

Teamster’s Approval of Kimmell Promotion to Sergeant

Solicitor DiMascio gave the Borough Secretary a Memorandum of Understanding between the Borough of Elizabeth and Teamster Local Union No. 205 stating that the union approves of the promotion of Officer Garrett Kimmell to Full-Time Sergeant, and that no increase in Officer Kimmell’s compensation will be made at this time. Solicitor DiMascio asked the Borough Secretary to add her signature to the agreement, and to file the agreement with the original union contract.

CDBG Year 43

Solicitor DiMascio reminded Council that the deadline for submitting a pre-application for a CDBG Year43 grant is September 8, 2017. Steel Rivers COG will be able to answer any questions that Council may have, and provide any paperwork that Council may need. Solicitor DiMascio gave a brief description of the types of paperwork that may be involved in applying for a grant, and the possibility of the Borough having to come up with matching funds as a percentage of the project’s value.

Building Inspector Report

No report.

Animal Control

No report.

COMMITTEES

Finance and Budget

No report.

Public Safety

Vice President Shaner stated that the police are making a concentrated effort, county-wide, to deal with the heroin problem in the area. The Borough Police Department is doing an exceptional job.

Public Works

No report.

Parks and Recreation

J. Brown said that the annual Community Day and the memorial basketball tournament were immensely successful. He and Robin Payne-Main have been receiving lots of positive feedback from people who attended these events. A total of 135 kids participated in the tournament. Joan Bendel raised funds to help repair the basketball courts, and Cindy Balko donated two benches and two kid-sized basketball hoops (only 6-feet high) for the park. Robin Payne-Main’s sister donated her time and talent to paint angel wings on these two hoops in memory of Jacob Bendel and Eric Hussey. These special hoops will be installed shortly. J. Brown added that Mrs. Bendel was able to get the court resurfaced and painted for these events but, to repair the courts properly for many years of wear requires at least 6-inches of black-top. The black-top costs around $35,000, so he and R. Payne-Main are looking to find additional grants or donations in the near future to finalize this project.

Ordinance

No report.

Personnel

P. Stevens said that it has come to her attention that Matt Styche of Public Works recently lost his temporary help. An employment application recently came in from Devon Brown to work in the Public Works Department. P. Stevens asked the Borough Secretary whether she has received any other employment applications for this position. The Borough Secretary said that she has not. J. Brown interjected that Devon Brown is his son. A motion was made by Vice President Shaner and seconded by P. Stevens to hire Devon Brown as a part-time public works employee on an as-needed basis at a rate of $10/hour. Those in favor: P. Shaner, P. Stevens, and D. Rollison. Those opposed: None. Those abstaining: J. Brown abstained from the vote since Devon Brown is a member of his immediate family. The motion was carried 3:0.

Economic Development

President Rollison stated that Mrs. McHolme gave her a letter from the EADC, and they are requesting permission to have a mural done on the front of the police station/borough building. The mural depictionwill begin in Elizabeth and end in Oregon across the top of the building, with the wordsLewis on one side and Clark on the other. The cost of the mural was paid for through donations, and they carry the insurance. The artist also has insurance. A motion was made by Vice President Shaner and seconded by P. Stevens to allow EADC to commission a Lewis & Clark mural to be displayed on the front of the police station/borough building. All in favor, motions was carried.

Planning

No report.

OLD BUSINESS

None.

NEW BUSINESS

None.

PUBLIC COMMENTS

A man who did not identify himself requested that he be allowed to re-post the area in the alley (he did not give the name of the alley) beside the fence behind his mother’s house as a No Parking zone. It used to be posted as such, but the painted sign is no longer there. There were no objections.

GOOD OF THE ORDER

None.

ADJOURNMENT

With no other business before this Council, a motion was made by Vice President Shanerand secondedby P. Stevensthat the meeting be adjournedat 8:44-PM. All in favor, motion was carried.

I enter these Minutes into the public record having been duly recorded and accepted at a public meeting.

Respectfully submitted,

Pamela J. Sharp, Secretary