Special Meeting of Council, April 30, 2008, California Municipal Building, 225 Third Street, 6:30 P.M.

President Bittner called the meeting to order.

PRESENT: John Difilippo, President Jon Bittner, Vicki Gallo, Shelly Roberts, Walter Weld, Sheila Chambers, Mayor Case Durdines

ABSENT: Anthony Mariscotti

ADDITIONS OR CHANGES TO AGENDA

Since there were no additions or changes to the agenda, the agenda would stand as printed.

PUBLIC COMMENT ON THE AGENDA

JIM MADDIEX

Mr. Maddiex stated he was in favor of the police dog and questioned the Library Flood Insurance, if the library gets new things would that impact the cost.

PRESIDENT’S REPORT – Mr. Bittner

CODE ENFORCEMENT OFFICER – MAY 7, 21 & 28 – MARCELLUS SHALE

Weld/Gallo motion to approve the Code Enforcement Officer to attend the Marcellus Shale Conference on May 7, 21 and 28 at a cost of $90.00. On a roll call vote motion carried with Mr. Difilippo, Mrs. Gallo, Mr. Bittner, Mr. Weld, Mrs. Chambers voting yes and Ms. Roberts voting no.

LIBRARY FLOOD INSURANCE – OPTION A - $712.00

Chambers/Gallo motion to accept Option A for the Library Flood Insurance, cost $712.00. On a roll call vote motion carried with all members voting yes.

OFFICE WINDOWS

Mr. Bittner stated there was an incident at the police window about a month ago where someone threw a set of keys at the clerk and it was felt that security should be tightened. A proposal was obtained from Fay West Glass Company who does all the work for the school district and university to put a widow in with a speaker hole, and a half moon at the bottom so money, paper work, etc. could be slipped in. There would be an aluminum channel instead of wood stock for $814 plus $200 for a total of $1,015. Weld/Gallo motion. Under discussion, Mrs. Chambers stated it was preferred to use aluminum for the additional $200. Mr. Bittner stated correct that would match the other window better and have a more professional appearance. Mrs. Roberts asked if this is only for the police department. Mr. Bittner stated all three windows, the police, zoning and administrative office. On a roll call vote motion carried with all members voting yes.

MRS. CHAMBERS

Mrs. Chambers had nothing to report this evening.

MRS. GALLO

Mrs. Gallo had nothing to report this evening.

MR. WELD

HANSON AGGREGATES – BALANCE DUE - $2,924.10 – AUGUST 2008 ADJUSTED HOTMIX ASPHALT FOB PRICES

Weld/Chambers motion to pay Hanson Aggregates balance due $2,924.10 from the 2008 paving project. On a roll call vote motion carried with all members voting yes.

2009 STREET PAVING PROJECT BID OPENING – MAY 1, 2009, 12:00 NOON

Mr. Weld announced that the 2009 Street Paving Project bid opening is tomorrow at.

MR. DIFILIPPO

Mr. Difilippo had nothing to report.

MISS ROBERTS

Miss Roberts had nothing to report.

MAYOR DURDINES

CROSS ROADS COMMUNITY CHURCH – FESTIVAL

Mayor Durdines stated at the last meeting it was approved for the Cross Roads

Community Church to do a festival contingent upon receipt of their certificate of liability

insurance. The Mayor has that, gave a copy to Ms. Pfrogner. They also included a letter thanking the Borough for permission to do that.

BROWNFIELDS GRANT

The Mayor received word that the Brownfields Grant funding information should be released tomorrow. He would contact Ms. Pfrogner should the Borough receive that funding or not.

POLICE DEPARTMENT K-9 UNIT

Mayor Durdines stated everyone received in their packets a cost estimate that includes the cost of the dog, training and related equipment. All the start up costs should be paid for out of the grant. So it would be no cost to the Borough outside of wages for the officer to attend training. There is information on the approximate yearly costs to maintain having a dog. Mrs. Chambers stated the grant from Congressman Murtha was $9,000. The Mayor stated correct there is about $9,000 dollars left. Mrs. Chambers stated this is more than that. Are there any ideas where to get the $2,000 for narcotics training and $2,500 for patrol training? Is there any money anyone could think of for that? Chief Encapera stated it cost about $8,000 for start up fees. The Mayor stated the police work dog cost estimate was $6,000 and he adjusted it to $4,800. Mrs. Chamber asked if is it just being approved to do this tonight. Mayor Durdines stated to use this grant funding, there is a time deadline. There are other grants available if Council wants to reevaluate this at a later date but right now this is mostly funded through this grant. Mrs. Chambers stated which is $9,000, which is good. Mrs. Gallo asked if this grant is used for this could other grants still be applied for to help with this. The Mayor could not see why not but a lot of the grants are available to help get the ball rolling but you can always put in for grants. This grant is a general equipment grant and you put in for whatever you happen to need at that time. The Chief stated every municipality including California when there was a K-9 here, there were people and groups in support of the K-9, there was donations and fund raisers in support of the K-9 Unit. Mr. Weld stated Charleroi had a fundraiser last week and they raised $4,000 to $5,000. The Chief stated when Goldie was here, the Masons also supported through donations that went to a lot of the yearly costs. Officer Vitale typed a letter up showed, showed it to Mr. Weld and he showed it to Mr. Bittner. She also talked to a couple business owners in general and they would be more than willing to donate. The letter needs approval of Council. Mayor Durdines stated that same effort is donate at Windber Borough. They have a K-9 Unit in conjunction with another department and to his knowledge it is entirely funded by donations. Mrs. Gallo asked if the Borough has a K-9 would that make the Borough eligible for other grant money for police enforcement in California for other things. The Mayor could not answer that question but could say that the more programs you add to your department, the safer ultimately the community is going to be. That is the goal. As neighboring communities start up K-9 programs and start chasing the drugs and other things out of their town it is going to come somewhere. It will take the path of least resistance so where there is less enforcement that is where it is going to be. Mrs. Chambers asked what is to be done about an officer for training. Chief Encapera has a list of three of the existing officers who showed interest in it. He is not qualified to pick someone, does not feel anyone here is qualified and he would let a panel of trainers, Mr. Garrow and his people interview these people and see who they feel is best suited to handle the K-9. Mayor Durdines stated Officer Vitale is very interested in the program and that is why she is here. Officer Encapera stated Mr. Garrow explained to him it is a psychological thing, he does not want someone that would use the dog as a weapon, personality and is best able to handle the K-9. Miss Roberts’s understanding is that Officer Vitale’s husband is a K-9 Officer. Officer Vitale stated yes for Monessen. The Mayor pointed out that when the officer is sent to training, it is a very intensive training program so that officer is not going to be working on the scheduled shift. There will be that cost but it is coming into the summer months when typically the amount of officers on the street is reduced anyway so hopefully that should offset some of the increased costs. Mr. Weld asked if the Explorer would be used for the K-9 as it is bigger. The Mayor stated any could be used as inserts and equipment is made for Crown Victorias as well as the Explorer. That is the vehicle being looked at to be replaced with another grant so that would probably be used rather than selling it. Solicitor Agrafiotis state this basically follows the resolution. Mrs. Gallo question the resolution where it states on the second page: Should any section, provision or other part of this Resolution be found to be illegal, unenforceable or void, such shall not affect the remainder hereof, which shall remain fully binding, valid and such section, provision or other part shall be modified to the extent necessary to so conform to the law. The Borough of California Council hereby declares its intention that should any section, provision or other part of this Resolution be found to be illegal, unenforceable or void, it would not have taken the foregoing action and would have made the foregoing Resolution without such part so modified so as to conform to the law. Mr. Agrafiotis stated it is basically a boilerplate clause in any ordinance or resolution put it. If something in there happens to be illegal, in this case there is only one provision, it basically protects the Borough from liability. It excludes the part that was illegal. Mr. Agrafiotis stated this is authorizing getting the dog, all the equipment and the related training provided that this is funded by the grant. Gallo/ Roberts motion to approve the K-9 dog to be funded with the grant. Under discussion, the Mayor stated to keep in mind there would be a yearly cost associated with this and this is a community wide project. On a roll call vote motion carried with all members voting yes.

JUSTICE ASSISTANCE GRANT–FORMAL ACCEPTANCE & PUBLIC COMMENT

Mayor Durdines stated there is a more lengthy process in the approval of this that the Borough would have to go through. This is not the same grant as the K-9. This is a grant to be used on a police vehicle and a camera system for the police station. There has to be a roll call vote and public comment on the proposed uses of this grant. One single agency has to submit the grant so the County is submitting on behalf of all the participating departments in the County and in so doing they feel the need to take a certain percentage. Mrs. Chambers stated twenty percent but they did say they could ask for up to fifty percent. The Mayor stated they have the right to do that and they are reinvesting it in something that all the departments could use. Mrs. Chambers state a twenty four-hour booking center. The Mayor stated originally the grant was around $11,000 to $12,000 but now the Borough is only going to get $9,000. The Borough’s intention is to use a portion of it to off set the cost of a new police vehicle and the rest to update the video surveillance in the police station. Gallo/Chambers motion to approve the Justice Assistance Grant Application. Under discussion Mr. Bittner asked if there must be public comment before the grant is voted on. Ms. Pfrogner stated all he wanted was how it was approved and include the section on public comments. Under Public Comment on the JAG Grant, Mr. Maddiex supported getting the grant for the police car but wants this used for tools not toys. He does feel that the Mayor and police department would use this for tools but wanted to make that comment. He questioned the surveillance system. Mr. Bittner stated Chief Encapera put in for all three windows that are occupied during the day back to chambers and the some parameter of the building and the doors. All places where there could be problems. Mr. Maddiex stated in the past there was a motion for cameras but nothing ever came of that so he is glad that is being followed up on. Mrs. Bridges asked if that is a matching grant. The Mayor stated it is not matching. Mr. Bittner stated there is a savings for a police car that the Borough puts x number of dollars away per year. Now that is coming up so the addition of this extra money should take the Borough pretty close to the purchase of a car. On a roll call vote motion carried with all members voting yes.

RECOGNITION OF CITIZENS

There were no comments by the citizens.

Chambers/Roberts motion to adjourn at 7:00 P.M. duly carried.