Somerset Borough Council Minutes
Council Minutes will be posted after they are approved at the following meeting.
Organizational Meeting
January 04, 2010 – 7:30 p.m.
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Meeting of Borough of Somerset Council
December 21, 2009 – 7:30 p.m.
Meeting called to order by Mary Ann Smith, Council President.
Present:
Ruby Miller, Peggy Shaffer, Fred Rosemeyer, Paul Urbain, Council Members. Ben Vinzani, Jr., Borough Manager; Michele Enos, Assistant to the Manager; Brett Peters, Director of Finance; George Svirsko, Director of Public Works; John J. Dirienzo, Jr., Borough Solicitor; Eric Critchfield, Engineer; Randy Cox, Chief of Police; William Meyer, Mayor.
Meeting opened with the Pledge to the Flag.
Minutes of Previous Meeting
Miss Shaffer moved to approve the minutes of the previous meeting of November 23, 2009, motion seconded by Mrs. Miller.
Unanimously Carried.
Bid Opening
Mr. Vinzani stated that the following bids have been advertised, received and opened for fuel, sludge removal and chemicals:
Fuels, Year 2010
Price
Unleaded Gasoline 0.0550
No. 2 Fuel Oil 0.100
Winter Grade Diesel Fuel 0.0600
Kerosene 0.100
Mr. Rosemeyer moved to award the Year 2010 Fuel Bid to Stahl Oil Company, motion seconded by Mrs. Miller.
Unanimously Carried.
Dewatered Sludge Removal
From Wastewater Treatment Plant $650.00 per dumpster
From Water Filtration Plant $650.00 per dumpster
Miss Shaffer moved to award the bids for dewatered sludge removal for 2010 to Waste Management, motion seconded by Mrs. Miller.
Unanimously Carried.
Chemicals
Aluminum Sulfate $ 9.50 per 50 lb. bag
Chlorine $720.00 1-ton cylinder
Chlorine $ 67.50 150 lb. bag
Corrosion & Scale Inhibitor $ 7.90 per gallon
Lime $ 17.45 per 50 lb. bag
Potassium Permanganate $ 3.35 per lb.
Sodium Bicarbonate $ 12.725 per 50 lb. bag
Sodium Florid $ 41.25 per 50 lb. bag
Mr. Rosemeyer questioned the chlorine price – Mr. Vinzani explained that some chemical prices decreased and this one increased.
Mrs. Miller moved to award the chemical bids for 2010 to Univar USA, motion seconded by Mr. Urbain.
Unanimously Carried.
Bill Payment
The bill list was reviewed. Mr. Svirsko explained that the “tailgate release cable” on Unit C is the strap that holds the tailgate level, which can eventually rust then break. Mr. Peters said our instructions are to buy local whenever possible and our purchases are spread out.
Miss Shaffer moved to pay the following bills as printed – motion seconded by Mr. Rosemeyer:
Check Numbers 14666 to 14817 Total Amount: $484,152.06
Vote: Mrs. Miller, yes; Mr. Rosemeyer, yes; Mr. Urbain, yes; Miss Shaffer, yes; Mrs. Smith, yes.
Unanimously Carried.
Mrs. Smith said the Tentative Budget was approved at last meeting with no tax increase, but includes a 10-cent per hundred gallon increase for water, and a 10-cent per hundred gallon increase for sewage.
They discussed how this will affect the average household, and Mrs. Smith pointed out that water usage can be controlled by residents. Sewer rates are figured by separate rate per hundred gallons – the sewer bill is based on water usage.
Mr. Peters explained that we are buying our water from the County now, and will have a full year’s worth in 2010; in 2009 we started purchasing water from them since April, so next year we have a full year and their water is more expensive than water we produce. Mrs. Smith said we agreed to help them get the Quemahoning water.
Mr. Urbain moved to adopt the Year 2010 Budget – motion seconded by Mrs. Miller.
Vote: Mrs. Miller, yes; Mr. Rosemeyer, yes; Mr. Urbain, yes; Miss Shaffer, yes; Mrs. Smith, yes.
Unanimously Carried.
Re-enactment of Act 511 Tax Rates
Mr. Vinzani said the following taxes are re-enacted every year, by motion:
Earned Income Tax - ½%
Real Estate Transfer Tax - ½%
Local Services Tax - $47.00
Mercantile/Business
Privilege Tax - ½ Mill (current rates)
Mr. Urbain moved to re-enact the 511 tax rates, motion seconded by Mr. Rosemeyer.
Vote: Mrs. Miller, yes; Mr. Rosemeyer, yes; Mr. Urbain, yes; Miss Shaffer, yes; Mrs. Smith, yes.
Unanimously Carried.
Real Estate Tax Ordinance for Year 2010
Mr. Vinzani said this Ordinance has been advertised, and will enact the same tax rates for the Library and Volunteer Fire Department.
Miss Shaffer moved to adopt the following Ordinance for Year 2010, motion seconded by Mr. Urbain:
ORDINANCE NO. 1334
An Ordinance of the Borough of Somerset, County of Somerset, Commonwealth of PA, fixing the Tax Rate for Year 2010
BE IT ORDAINED AND ENACTED, and it is hereby ordained and enacted by the Borough Council of the Borough of Somerset, County of Somerset, Commonwealth of Pennsylvania;
SECTION 1. That a tax be and the same is hereby levied on all real property within the Borough of Somerset, subject to taxation for the fiscal year 2010 as follows:
Tax Rate for General Purposes, the sum of 10.89 on each dollar of assessed valuation.
For Mary S. Biesecker Public Library purposes, the sum of .666 mills on each dollar of assessed valuation.
For Somerset Volunteer Fire Department purposes, the sum of .444 mills on each dollar of assessed valuation.
The same being summarized in tabular form as follows:
MILLS ON EACH DOLLAR
OF ASSESSED VALUATION
Tax Rate for General Purposes 10.89 Mills
Tax Rate for Mary S. Biesecker Public Library .666 Mills
Tax Rate for Somerset Volunteer Fire Department Purposes .444 Mills
TOTAL: 12.0 Mills
SECTION 2. That any ordinance or part of ordinance conflicting with this ordinance, be and the same is hereby repealed insofar as the same affects this ordinance.
Vote: Mrs. Miller, yes; Mr. Rosemeyer, yes; Mr. Urbain, yes; Miss Shaffer, yes; Mrs. Smith, yes.
Unanimously Carried.
Water Rate Ordinance for Year 2010
Mrs. Miller moved to adopt the following Ordinance establishing water rates, motion seconded by Mr. Urbain:
ORDINANCE NO. 1335
An Ordinance of the Borough of Somerset amending the Ordinance establishing the rates to be collected from customers of the Somerset Borough Municipal Water System
BE IT, AND THE SAME IS HEREBY ORDAINED AND ENACTED AS FOLLOWS:
1. From and after the effective date of this Ordinance, the rate to be charged to all customers of the Somerset Borough Municipal Water System shall be Sixty-Four Cents ($0.64) per One Hundred Gallons of water.
2. All existing Ordinances or parts thereof that are inconsistent herewith are hereby repealed.
3. This Ordinance shall take effect January 1, 2010.
ENACTED AND ORDAINED this 21st day of December, 2009, by the Borough Council of the Borough of Somerset.
Vote: Mrs. Miller, yes; Mr. Rosemeyer, yes; Mr. Urbain, yes; Mrs. Smith, yes; Miss Shaffer, yes.
Unanimously Carried.
Sewer Rate Ordinance for Year 2010
Mrs. Miller moved to adopt the Ordinance making the sewer rate 87 cents per 100 gallons, reflecting a 10-cent per 100-gallon increase.
(At this point it was questioned whether this will affect the new line to be placed at Hickory Hill. Mr. Vinzani said this is to finance the debt service).
Mrs. Miller’s motion was then seconded by Mr. Rosemeyer, adopting the following Ordinance:
ORDINANCE NO. 1336
An ordinance of the Borough of Somerset amending the Ordinance establishing the rates to be collected from customers of the Somerset Borough Sanitary Sewer System.
BE IT, AND THE SAME IS HEREBY ORDAINED AND ENACTED AS FOLLOWS:
1. From and after the effective date of this Ordinance, the rate to be charged to all customers of the Somerset Borough Sanitary Sewer System shall be Eighty-Seven Cents ($0.87) per One Hundred (100) Gallons.
2. All existing ordinances or parts thereof that are inconsistent herewith are hereby repealed.
3. This Ordinance shall take effect January 1, 2010.
ENACTED AND ORDAINED this 21st day of December 2009 by the Borough Council of the Borough of Somerset.
Vote: Mrs. Miller, yes; Mr. Rosemeyer, yes; Mr. Urbain, yes; Miss Shaffer, yes; Mrs. Smith, yes.
Unanimously Carried.
School Zone Study and Data Sheet
Mrs. Smith said we need to authorize submitting information to PennDOT to make Franklin Avenue a School Zone. Mr. Vinzani said that when this is submitted, results must be implemented by the Borough. It could range from $13,000 (which is not budgeted). His notes made clear that if we do submit this and they come back with recommendations, they will be expected to be implemented by the Borough. Whether we get assistance from the School District is immaterial. The letter received from PennDOT showed these requirements.
He said the $13,000 is not budgeted because it was prepared after our Budget, but we could handle a few hundred to a thousand dollars’ worth of signage, which will most likely be the case. We can ask the School Board to pay but they are not obligated to do so. The only thing they are obligated to do is fill out the survey form, which they did. Mrs. Miller asked if anything was said to them about costs – Mr. Vinzani said one of the options would be that we make them aware that we would ask for their participation, and if they ask if it is 50%, 100% or something in between, then Council could choose. It would be a big consideration if at the higher end, and would become a matter of which agency would be more appropriate to fund this.
They discussed the School District sharing the costs, and what the recommendation might be for this area. When PennDOT tells us what has to be done, we will know more about costs such as simple signs or something more elaborate such as a flashing sign with power to the line. They discussed prices on flashing sign hardware, getting power to the site, etc., and Mr. Dirienzo pointed out that since this is all in a School Zone it would not be flashing lights continuously.
Mrs. Miller moved to table the School Zone Study until we approach the School District – motion seconded by Mr. Rosemeyer.
Unanimously Carried.
The Solicitor advised asking the School District to comment on whether they think it should be a School Zone or not, separate and apart from whether they want to share anything.
New Business
Mr. Vinzani said the following Boards and Commissions have terms expiring on January 1, 2010:
Municipal Authority - Clyde Mostoller, 5-year term. He has agreed to a reappointment.
Civil Service Commission – Stu Kreinbrook, 6-year term. He has agreed to a re-appointment.
Planning Commission – William Lehman. He has agreed to a re-appointment.
Dana Gehman – Planning Commission, submitted his resignation. This will create one vacancy
Zoning Hearing Board – Robert Anderson, 3-year term. He has agreed to a re-appointment, along with Brian Maust.
Vacancy Board – Delmas Hutzel – agreed to a re-appointment for a 1-year term.
Uniform Construction Code Appeals Board
A person will need to be appointment when we have people interested in this vacancy.
Miss Shaffer moved to re-appoint the members of the various Boards and Commissions as read by the Manager - motion seconded by Mrs. Miller.
Unanimously Carried.
Mary S. Biesecker Public Library Board of Directors
Miss Shaffer moved to appoint Marcia Dykstra to fill the unexpired term of Nancy Shaffer on the Mary S. Biesecker Public Library Board of Directors; motion seconded by Mrs. Miller.
Unanimously Carried.
Mrs. Smith stated that the Code Appeals Board will have a vacancy, since Scott Walker will now be a new member of Council.
Miss Shaffer moved to accept Scott Walker’s resignation on the Code Appeals Board – motion seconded by Mr. Urbain.
Unanimously Carried.
Police Pension Fund Contributions
Miss Shaffer moved to adopt the following Resolution – motion seconded by Mr. Urbain:
RESOLUTION NO. 2009-13
WHEREAS, Ordinance No. 1144, Section XI, relating to the Police Pension Fund states that the monthly contributions for participants may be reduced or eliminated by an annual Resolution if an actuarial study annually indicates that such reductions or elimination for that year will not adversely affect the actuarial soundness of the fund, and;
WHEREAS, a letter dated December 3, 2009 from Thomas P. Weber, M.A.A.A., E.A., Consulting Actuary, W&W Actuarial Services, Inc., states that “the Borough may eliminate employee contributions in the Police Pension Plan for year 2010”;
NOW THEREFORE, BE IT RESOLVED, that the five (5) percent contributions from Police Officers for the year 2010 be eliminated.
Unanimously Carried.
CSX Offer
Mr. Dirienzo said more information is needed concerning the CSX offer to sell a strip of land to the Borough of Somerset. There might be water/sewer lines and utilities located along this area, according to our maps. We can refuse to make an offer. It was suggested to offer one dollar; the land appears to be not developable for any useful purpose.
Mr. Rosemeyer suggested that recreational fields might be established if it is large enough. It is not known what their plans are for the track. They discussed whether the Borough might be responsible for liabilities concerning water runoff or widening the creek bed, and the permitting process would be significant. Our maintenance department would maintain it. The Solicitor said that they have to offer it to a municipality, under existing law. No price was indicated in their letter. He said the railroad does not give rights-of-way; they license use of their property and if they no longer own the property, the license does not necessarily follow through to the new owner.
Another potential complication would be if the railroad sells property, it is subject to existing municipally-owned easements. They discussed a reasonable amount to offer, size of the area and whether it is all swamp. More information is needed. If we should want to do anything with it as owners, the EPA permitting process is difficult. No motion was offered.
Manager’s Report
Mr. Vinzani presented a Plaque to Mary Ann Smith, expressing appreciation for her 10 years of service to the Borough; and a plaque to Miss Shaffer in honor of her 16 years of service. Each expressed their thanks.
Engineer’s Report
Mr. Critchfield offered to answer questions.
Public Works Committee
Mr. Rosemeyer reported on the issue of an alternate shift proposal, to be reviewed by the Manager. Other topic is the Bill in which the PA State Police will be paid by townships that will be expensive for some when the police come into their area. Another consideration is whether we want to pursue the boot ordinance.
Mr. Cox explained that they have reverted back to the former method of pursuing unpaid tickets. He recommended giving this system a chance, then if we still have problems, revisit the boot issue. He explained the ticket citations – many costs were involved with filing, having papers served, not being able to locate people. We were getting sheriff’s office notices and ended up with household products, furniture, etc., spending money to reach this point and not getting anything out of it.
With a large amount of unpaid tickets, suits were filed which become costly and not worth filing over one unpaid ticket. Therefore a large amount of unpaid tickets would eventually have to be cancelled out. He said he is looking for an increase in collecting unpaid fines, because now we will be citing all unpaid tickets. If we monitor data, at the end of the year we will know what our collection rate is and won’t need to invest in a boot.
Mr. Rosemeyer moved to table the boot ordinance until 2011 – motion seconded by Mrs. Miller.
Unanimously Carried.
Finance Committee
Mr. Urbain reported that our Budget is in good shape.
Shade Tree Commission
Mr. Vinzani said several blocks of tree surveys have been completed. We will compile the data and look at a tree seminar in June with the Department of Conservation and National Resources and Penn State.
Solicitor’s Report
We have not heard from Jefferson Township. In answer to question concerning blighted houses, he said they attend the hearings when citations are filed. Mr. Jury prepares the cases. Mrs. Miller asked about the 25-mile per hour Speed Limit Ordinance for Hickory Hill; the Solicitor said he has a Speed Limit Ordinance for January’s Meeting. The parking study for the 300 block of Garrett Street and Sanner Street is being forwarded to the Planning Commission. The Planning Commission will review the study conducted at their meeting and Council will act on the Planning Commission’s recommendation.
Fred Rosemeyer asked a question concerning the PennDOT issue for the $50,000 additional costs the Borough’s Portion of the Utility Relocation for the Route 601 Turning Lane Project. Mr. Vinzani said the amount of the contract increased, therefore the amount of the local share increased. There is only a slim chance of a reimbursement.
Adjournment
Miss Shaffer moved to adjourn – motion seconded by Mrs. Miller.
Unanimously Carried – 8:40 p.m.
_____________________________
Benedict G. Vinzani, Jr., Ph.D.
Borough Manager/Secretary