Continued Meeting of California Borough Council, August23, 2012, 6:30 pm

President Bittnercalled the meeting to order at 6:30 pm

ATTENDANCE:Mr. Alfano, Mr. Bittner, Mr. Difilippo, Mr. Encapera, Mr. Glab, Mrs. Gutosky, Mr. Mariscotti

ABSENT:Mayor Durdines

ADDITIONS OR CHANGES TO AGENDA

Mr. Glab added hiring two part time police officers

PUBIC COMMENT

No public comment at this time

PRESIDENT’S REPORT – MR. BITTNER

PAYMENT TO BAIANO CONSTRUCTION

Mr. Bittner stated we need to authorize payment to Baiano Construction in the amount of $47,303.81 for estimate #3.

Motion by Mariscotti/Alfano to pay Baiano Construction for estimate #3 in the amount of $47,303.81 duly carried on a roll call vote with all members present voting yes.

RESOLUTION SUPPORTING NAMING HIGH SCHOOL STADIUM

Motion by Alfano/Difilippo to authorize Mr. Bittner to sign resolution 12-004 supporting naming the California High School Stadium after James Underwood duly carried with all members present stating aye and Mr. Glab stating nay.

PUBLIC HOUSING – MR. ALFANO

CONDITIONAL USE HEARINGS

DICESARO FIDUCIARY -130 THIRD STREET

Motion by Alfano/ Glab to approve the conditional use for DiCesaro Fiduciary with the following conditions; 1. Occupancy for no more than 5 students, 2. Off street parking be provided for 5 students at this time to be converted to a hard surface of black top or concrete within one year, and 3. They have a managing agent as required by the housing ordinance to be within 15 miles of the borough. Mr. Glab added that they repair the roof before it is occupied. Mr. Alfano added that they should make application to the zoning office for rental license as soon as possible and pass inspections duly carried on a roll call vote with all members present voting yes.

Mr. Bittner asked if there is ample room on the property to meet the parking requirements. Mr. Petro stated that there is.

BROADWAY BROTHERS INVESTMENTS – 67 SECOND ST.

Motion by Alfano/ Difilippo to approve the conditional use for the property at Second St. with the following conditions; 1. They receive occupancy for no more than 3 students, 2. They provide off street parking prior to receiving occupancy permit and pave it with a hard surface within a year, and 3. Have a managing agent as required by the housing ordinance and 4. File rental application with zoning office as soon as possible duly carried on a roll call vote with all members present voting yes.

PUBLIC WORKS – MR. MARISCOTTI

Nothing to report at this time

PUBLIC SAFETY – MR. GLAB & MR. ENCAPERA

HIRE PART TIME OFFICERS

Mr. Encapera stated after interviewing last night for part time police officers he is making the following motion;

Motion by Encapera/Glab to hire patrolmen William Dennison contingent on his passing a physical and references, and background checks at the contractual rate of a part time police officer duly carried on a roll call vote with all members present voting yes.

Motion by Encapera/Glab to hire Terry L. Robatin Jr. contingent on passing a physical, references, and a background check at the contractual rate of a part time police officer duly carried on a roll call vote with all members present voting yes.

FINANCE – MRS. GUTOSKY

Nothing to report at this time

PUBLIC HEALTH – MR. DIFILIPPO

Nothing to report at this time

SOLICITOR’S REPORT – MR. AGRAFIOTIS

MACKING ENGINEERING – STREETSCAPE PROJECT

Mr. Agrafiotis stated at the last meeting we authorized $22,380.08 for additional inspection fees. Penndot wanted for clarification sake to have a motion from council stating those inspections fee may run through November 16, 2012.

Motion Difilippo/Mariscotti to authorize extension of Mackin’s inspection fee schedule through November 16, 2012 duly carried on a roll call vote with all members present stating aye.

EASEMENT ALONG PIKE RUN DRIVE

Mr. Agrafiotis stated we have been approached by Columbia Gas for an easement on a piece of property the borough owns up on Pike Run Drive. He spoke to the gentleman today and it is on the borough’s property so it would be appropriate for us to get some money back since this is going to be taken up a good chunk of the property that we can never use because there will pipes underneath, obviously we can’t build on top. He would like a motion to authorize Rick Lignelli to appraise the property at a cost up to $500.00 and if there is any extra we can come back later and do that. Mr. Bittner stated it is right up on Pike Run Drive on the corner across from the bar where Albertson owned the house that we took possession of.

Motion by Alfano/Glab to authorize Rick Lignelli to appraise the property along Pike Run Drive at a cost not to exceed $500.00 duly carried on a roll call vote with all members present voting yes.

APPEAL – KEITH MCMONAGLE CASE

Mr. Agrafiotis stated that he was notified last week that Attorney Daley filed an appeal on the Keith McMonagle case that we were involved in. It was a variance and or non-conforming use application, there were some hearings we attended and objected on behalf of the borough and we were successful in front of the zoning hearing board. Mr. Daley appealed on behalf of his client. Now the case involves the applicant, McMonagles Trust versus the Zoning Hearing Board of California Borough. He thinks it would be a good idea for council to authorize our solicitor to intervene on behalf of the borough and in favor of the decision of the zoning hearing board that way we can advocate to uphold the decision of the courts but it is an expenditure of money so a motion is needed.

Motion by Mariscotti/Alfano to authorize the solicitor to represent the borough at the county level for the appeal of the zoning hearing board decision on the McMonagle appeal duly carried on a roll call vote with all members present voting yes.

OLD BUSINESS

No old business at this time

NEW BUSINESS

Mr. Mariscotti mentioned that since we are requiring hard surface paving or concrete of these property owners we may need to look into other alternatives for hard surface. There is a new kind of hard surface that is pervious and there are quite a few. There is a fill that puts an underlayment down and you go put grass on top of it and there is occasional growth. Everybody is paving and we are losing the grass and with the rains there is more run off. Mr. Bittner added that the University used a new pavement that is hard surface but the water absorbs through it. He asked Mr. Petro if the parking lots count toward the total amount of coverage of the lot. Mr. Petro stated he doesn’t’ think that is in this new ordinance but it was in the 1987 Ordinance.

Mr. Glab stated that the LSA monies the deadline is October and if we are going to choose a project we need to move on it because the application process can be time consuming. Mr. Bittner stated he was approached by Redevelopment and they thought maybe they would like to do a joint application on the Technology Drive and it probably wouldn’t be a bad idea. He still hasn’t found out if we accepted Technology Drive and everyone is under the assumption that we did. That is something we need to look at. Mr. Agrafiotis stated there should be an ordinance or something of that nature. Ms. Evans stated there is no ordinance, they deeded it to us but the minutes don’t show where it was accepted. Mr. Bittner stated we have all the material we would need for that particular application because we did it two years in a row, engineer specs and things and if Redevelopment wants to go along with us we’ll have to wait and see what happens. He will talk to Kerry. If that is our road and we have to take it over there is no way we can afford to fix it.

RECOGNITION OF CITIZENS

Mr. Maddiex stated the new thing up there is the hotel and the expansion of a warehouse, former Timberline, and that is going to increase traffic. The second thing is the resolution adopted should be on the bulletin board next week and the third thing is some of these trees are covering up the lights on the light posts and should be trimmed. Mr. Bittner stated we get them trimmed every year. Mr. Agrafiotis stated there is no bidding requirements so if it is less than $10,000.00 you can get anybody. Mr. Bittner stated who we normally use is always cheapest anyway.

ADJOURNMENT

Motion by Difilippo/Glab to adjourn the meeting at 7:00 pm duly carried with all members present stating aye.

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