Somerset Borough Council Minutes
Council Minutes will be posted after they are approved at the following meeting.
Somerset Borough Council Meeting
June 28, 2010 – 7:30 p.m.
Meeting of the Somerset Borough Council was called to order by President, Ruby Miller.
Present: Ruby Miller, Frank Koval, Hank Parke, Fred Rosemeyer, Wanda Miller, Scott Walker, Council Members. Brett Peters, Director of Finance; Michele Enos, Assistant to the Borough Manager; John J. Dirienzo, Jr., Borough Solicitor; Benedict G. Vinzani, Jr., Borough Manager; George Svirsko, Director of Public Works, Randy Cox, Chief of Police, William Meyer, Mayor, Tom Reilly, Borough Engineer. (Sign-in sheet is on file.)
Meeting opened with recitation of the Pledge to the Flag.
Previous Meeting
Minutes of the May 24, 2010 Public Hearing and Council Meeting were approved on motion of Mr. Koval, seconded by Mr. Rosemeyer.
Unanimously Carried.
Opening of Bids
The Manager said we agreed to be the applicant for the Hospital’s Park Project. Bid tabulations were received, and they recommend the lowest responsive bidder, E&A Contractors.
Mr. Parke moved to award the bid to E&A Contractors of Somerset, in the amount of $156,200.00 - motion seconded by Mr. Walker.
Motion Carried
(Mr. Rosemeyer abstained)
General Public Comments
Jim Atchinson
Regarding a proposed dog park at the Cannel Drive Playground, Mr. Atchinson has established a non-profit status, bylaws, and has over 50 members. He said he spoke with the School Board and public Borough officials and has received donations totaling $729.00. They can produce insurance from Mosholders for one million dollars liability. He produced an objective cost sheet predicting the yearly budget and applied for a grant to begin a fund raising campaign. Solicitor Dirienzo said we have the deed for the property which contains a “reverter” deeded from the School District to the Borough in January 19, 1968, conditioned upon development of a playground within four years of the deed and continuation of the playground. He pointed out “if it ceases to be used and occupied as a pubic playground, then in any of such events the premises shall revert to the grantor, its successors and assigns, and the grantor, its successors and assigns shall have the right of immediate entry for condition broken and in any such event the grantee, its successors and assigns may execute and deliver a reconveyance of the premises”.
He said he received unofficial word that we could expect to receive an official request to sign a deed of reconveyance back to the School District and advised waiting until we get the reverter; it may contain the notion that if it ever goes back from the School to the Borough, the condition may be that the Borough should be directly involved in the operation of the facility. There was some indication that the School District does not think it has sufficient latitude to get involved in the operation of a park, or lease surplus land to anyone to be used as a dog park.
Mr. Atchinson said they told him that they want to draw up the deed and it to be done all at once, that the school has no use for the property. Mrs. R. Miller said this will be tabled until we hear from the School Board at their July meeting.
Tom Kielbasinski
Mr. Kielbasinski asked the Police Department about vehicle drug searches. Chief Cox explained that an officer can search a vehicle only in one of three conditions - an emergency; if presented with an application of probable cause to a district judge; and with consent of the owner. He said it is not a matter of course to search every vehicle that is stopped, and advised him of the process for voicing specific complaints and keeping in compliance with bargaining unit contracts. Mr. Cox will arrange a meeting with Mr. Kielbasinski to further discuss his concerns.
Mr. Kielbasinski asked about traffic light timing. Mr. Vinzani explained that a motion detector sensor is placed at most signalized intersections that activate the cycle when motion is detected, which can account for the difference in timing.
Justin Shull
Mr. Shull spoke about the crematory that has been installed adjacent to his property. He said he feels that portions of the zoning code have been violated. Solicitor Dirienzo said the Zoning Hearing Board conducted its Hearing, operated on the facts as presented and the existing laws. He explained that Council enacted the Zoning Ordinance which is interpreted in conjunction with the municipality’s Planning Code. The permits were issued as an administrative matter. The Zoning Hearing Board concluded, based on the evidence presented, that the appeal filed was filed too late beyond the 30-day period that would have given them jurisdiction. He said if a legal error is believed to have been committed, they would be advised of the procedures available, but Council is not in a position to revoke anyone’s permit.
Mr. Raupauch spoke about health concerns regarding mercury emissions in close proximity of their properties, as well as the school and a nearby nursing home. They spoke about property values being lowered, affecting incoming Borough taxes.
A woman residing at 602 Tayman Avenue stated that no one told her about this and the thought of the crematory was making her sick. She stated that she cannot believe that everyone is okay with this. She stated, “Maybe it’s all about the pockets”.
Mr. Dirienzo said proper procedures were taken and the law has been followed. He said this might be the time to look at a tune-up for the zoning ordinance. It is difficult to define what might be considered an accessory use to the permitted use, and should be clarified. In looking at this particular zoning issue we would need input from whatever source to see if amendments to the ordinance might be appropriate.
Mr. Rosemeyer stated that he wanted to know, “what’s with the pay-off comment”? The woman at 602 Tayman Avenue said, “That was me and I don’t know. I just don’t know how they can get away with this.”
Mr. Cox mentioned that a funeral home in Ligonier with a crematorium has existed in a residential neighborhood for approximately ten years. He suggested checking on this and other towns to see if any problems have been noticed.
Payment of Bills
Mr. Koval moved to pay the following bills – motion seconded by Mr. Rosemeyer:
Check Nos. 15646 to 15817 Total: $832,646.15
Vote: Mrs. W. Miller, yes; Mr. Parke, yes; Mr. Koval, yes; Mrs. R. Miller, yes; Mr. Rosemeyer, yes; Mr. Walker, yes
Unanimously Carried.
Old Business
Gary Thomas, Fire Chief, said four companies were contacted regarding paving, and they will compare prices. Concrete must set for 14 days and he said they cannot leave their equipment out on the street since some was previously lost, therefore paving is preferred. He said they rely on Council for help and was set back $650,000 with the new truck. A meeting will be held with Fire Department and Council members to review where they stand at this point.
Regarding fire hydrant markers, he did not authorize contributing to the cost at this time. The Borough Public Works will install them. They discussed prices, described the flags, quantities needed, and they have applied for grants.
Snow Removal Policy/Ordinance
The Public Works Committee had discussed the idea of reviewing some Emergency Snow Removal policies from other communities. Mr. Vinzani said this will be continued until we come to a conclusion as to what should be modified, along with the Police Department’s input.
Handicap Parking Space Request
Concerning a request for a handicap parking space at 1102 Orchard Avenue by Sara Steinkirchner, Chief Cox recommended that we decline this request because there is plenty of unmetered parking at this location.
Mr. Rosemeyer moved to deny this request – motion seconded by Mr. Koval.
Unanimously Carried
New Business
Terry Fitzgerald Request
Mr. Parke moved, Mr. Rosemeyer seconded to adopt the following Ordinance, as authorized:
ORDINANCE NO. 1344
AN AMENDMENT TO THE SOMERSET BOROUGH ZONING ORDINANCE, AS AMENDED, AMENDING THE ZONING DISTRICT MAP OF THE BOROUGH OF SOMERSET, PENNSYLVANIA, BY REZONING A PORTION OF AN R-2 DISTRICT TO M-1 CLASSIFICATION..
Unanimously Carried.
H.K. Realty Request
Mrs. W. Miller moved to authorize the Public Hearing on the rezoning request, to be held at 7:00 p.m. before our next Council meeting, based on the Planning Commission’s recommendation – motion seconded by Mr. Walker.
Unanimously Carried.
Resolution – Tax Collection Records
Mr. Vinzani said we are waiting for specific information from our former tax collector concerning disposing tax collection records. We will then put this in the form of a resolution.
Street Closing Requests
Mr. Cox stated he has been approving various requests for closing streets, and feels that this authority (outside of an emergency) should be delegated to the Borough Manager as contact person, since he is the most logical one to collect the certificates of insurance. A new form is being provided that will address all information on one page.
Mr. Rosemeyer moved to give the Borough Manager authority to act on street closing requests – motion seconded by Mr. Koval.
Unanimously Carried.
Somerset Township Letter Re: Water
Mr. Vinzani said the Municipal Authority reviewed options for both bodies on providing water to the proposed industrial park in Somerset Township. Their recommendation was that we will abide by terms of our Intermunicipal Agreement and that we can provide water to the whole industrial park, realizing that we can only hold them contractually to the first part of that issue and not the second part.
Mr. Parke moved to offer to provide water to the entire proposed industrial park in Somerset Township – motion seconded by Mr. Walker.
Unanimously Carried.
Shade Tree Committee Appointments
Mr. Parke moved to appoint Peggy Ogle to our Shade Tree Commmittee, seconded by Mr. Rosemeyer.
Unanimously Carried.
Mrs. W. Miller moved to appoint Forrest Lucas to our Shade Tree Committee – seconded by Mr. Walker.
Unanimously Carried.
Municipal Authority Resignation
Mrs. W. Miller moved to consider Ralph Friedhofer’s resignation from our Municipal Authority Board – seconded by Mr. Parke.
Unanimously Carried.
Mrs. W. Miller moved to send Mr. Friedhofer a letter of acceptance, with regret, and present him with a plaque for his years of service – motion seconded by Mr. Parke.
Unanimously Carried.
Letters of Interest
Mrs. W. Miller moved to authorize letters of interest for persons interested in serving on our Municipal Authority Board – motion seconded by Mr. Parke.
Unanimously Carried.
Rotary Membership
Mr. Rosemeyer said he is sponsoring the Borough Manager to become a member of the Rotary Club. Mr. Vinzani stated that he cannot guarantee attendance nor become involved in any solicitation from the community because of his position.
Mr. Rosemeyer moved to have the Rotary dues paid by the Borough for the Borough Manager – motion seconded by Mr. Parke.
Vote: Mrs. W. Miller, yes; Mr. Parke, yes; Mr. Koval, yes; Mrs. R. Miller, yes; Mr. Rosemeyer, yes. Mr. Walker abstained, stating that he does not want to place an additional commitment upon the Manager.
Motion Carried.
Red Knights Donation Request
Mr. Park moved to donate $250.00 to the Red Knights – seconded by Mr. Walker.
Unanimously Carried.
Fire Hydrant Markers
In discussion regarding the Fire Department’s need for fire hydrant markers, Mr. Svirsko described color-coded pressure markers with reflectability so that they can be seen in winter.
Mr. Parke moved to purchase up to $500.00 worth of fire hydrant markers – seconded by Mr. Walker.
Unanimously Carried.
Laurel Arts Donation Request
This request from Laurel Arts is for $500.00. Council reviewed the number of Borough Police assisting at Laurel Arts various functions and number of days; their hotel tax grant is used “to defray cost of hiring fire police and printing no-parking signs for somerfest parades; and types of signs and costs, with consultation from the Finance Committee.
Mr. Rosemeyer moved to reduce the donation to $250.00 – motion seconded by Mr. Koval.
Unanimously Carried.
Committee, Administration, Special Reports
Manager’s Report
Mr. Vinzani reported the following:
- Drought Task Force Meeting June 8th – adequate water supplies are reported.
- FEMA meeting to apply for reimbursement for snow removal costs. Documents are being finalized for our signature.
- Shade Tree Committee/Safety Committee June 15 meeting. The Finance Committee met June 23 and a PA One Call System training session was held for our Public Works Department.
- The somerfest parade is scheduled for July 16. Participants are requested.
President’s Report
President Miller shared a letter of thanks from the Humane Society for our donation.
Public Works/Equipment Committee
It was pointed out that the Manager’s column will refer to snow emergencies and requests input and suggestions from the community.
Public Safety Committee
At their June meeting the Committee reviewed the following: Community Night-out; Hospital Police detail; Laurel Arts detail; School detail. The School Resource Officer will be moved to the Domestic Violence Program, with a state grant covering his salary.
They also spoke regarding background checks for service organizations but the Police cannot do that by law.
Finance Committee
Mr. Peters reported no red flags with the Finance Committee. They budgeted $15,000 for snow removal costs this year. As of June, the cost was $108,000.00 which is a difference of $93,000.00.
Mr. Peters reported on the general/water/sewer budgets – no red flags. Mrs. R. Miller asked about buying our salt through the new process – Mr. Vinzani replied that the Borough is contractually committed for another season with the State, but when it becomes available we will make the evaluation and price comparisons.
Shade Tree Committee
Mr. Parke reported that the committee is moving forward with a grant and looking at different kinds of trees.
Somerset Inc.
Mr. Parke reported that they are working with finances and the Fire & Ice Festival.
Solicitor’s Report
Mr. Dirienzo asked to schedule a meeting to discuss a zoning tune-up. Further discussion ensued concerning the crematorium issue and whether it can be considered an accessory to a funeral home. He pointed out that each application would take time, whether a conditional use, an accessory use or a special use exception. We would begin with making a list of possibilities, consult with the Planning Commission for input, and then do an amendatory ordinance if it is felt to be in order.
Mrs. R. Miller said it was suggested to take photos of where permits are placed, for better visibility. The Solicitor said the DEP has taken control over air pollution and suggested obtaining a copy of the regulations showing what is considered to be air pollution.
In discussion concerning neglected properties and the appeal request of Mr. Beeghley, Mr. Dirienzo said when Somerset County uses grant money for demolitions; they become owner of the property first then own the lot. “Entitlement communities” which include Somerset Borough, account for approximately 70 percent of CDBG money, which benefits the property owner.
He advised that whatever we do concerning the Beeghley property needs to be uniform and predictable. A suggestion was to have the owner continue ownership of the property with the Borough placing a lien against it; therefore it never goes off the tax roll. He said there are a number of options to consider. At this time we do a case- by-case basis and we do not have a mechanism in place to enter liens.
Mrs. R. Miller suggested selling to Habitat for Humanity – the Solicitor said the only way the house can be taken is if the condition is considered a public health and safety problem whereby the only solution is to demolish it. At this point the most he is required to do is close it up.
Mayor’s Report
Mr. Meyer reported that the new hire will complete the required tests next week, and all looks good.
Adjournment
Mrs. W. Miller moved to adjourn, seconded by Mr. Parke.
Unanimously Carried.
9:58 p.m.
____________________________
Benedict G. Vinzani, Jr. Ph.D.
Borough Manager/Secretary