Somerset Borough Council Minutes
Council Minutes will be posted after they are approved at the following meeting.
Somerset Borough Council Meeting
August 23, 2010 – 7:30 p.m.
Meeting of the Council of the Borough of Somerset was held this date, called to order by President Ruby Miller.
Present:
Paul Urbain, Ruby Miller, Hank Parke, Fred Rosemeyer, Scott Walker, Members of Council. William Meyer, Mayor; Michele Enos, Assistant to the Borough Manager; George Svirsko, Director of Public Works, Benedict G. Vinzani, Jr., Borough Manager; Brett Peters, Director of Finance; Randy Cox, Chief of Police; John J. Dirienzo, Jr., Borough Solicitor; Tom Reilly, Consulting Engineer; Jerry Lyons and Gary Thomas, Somerset Fire Department. Sign-in sheet is available on file.
Meeting was opened with recitation of the Pledge to the Flag.
Approval of Minutes
Minutes of the Public Hearing of July 26, 2010 were approved, by motion of Mr. Walker, seconded by Mr. Rosemeyer.
Unanimously Carried.
The Council Meeting minutes of July 26, 2010 were approved, by motion of Mr. Parke, seconded by Mr. Walker.
Unanimously Carried.
General Public Comments
Dog Park Discussion
Concerning the Dog Park, Mr. Jim Atchison said the deed to the property went back to the School. They will re-issue it to the Borough if Council agrees to accept the dog park. They ask that if the park fails, the property be returned to the School in the same condition. He said many favor the proposed park.
They discussed maintenance, mowing, and cleanup responsibilities. Mr. Atchison said a liability policy would be purchased. Funding could come from community, county and grants. He explained the park plan – a fenced-in, double gated entry. Dogs would be on a leash until they entered. There is a strict set of rules; the State has laws regarding responsibility. Insurance is the owners’ responsibility.
Mr. Atchison said he is looking at approximately $60,000 yearly operating costs because the six-foot high fencing is expensive, along with benches and water hoses.
Mr. Cox asked about authority for rules enforcement. Officers must be properly prepared to deal with problems that might arise. The buildings would be used for storage, restrooms and brochures on safety rules, health, etc. A clause was pointed out stating: “a victim of personal injury or injury to the victim’s dog will probably not prevail on a claim against a local government entity establishing a dog park”. There are immunities protecting them from claims if the entity believed it was doing something beneficial for the community.
There will be ongoing costs for garbage disposal, general maintenance, roof replacement and water.
The Mayor mentioned that grant money is not expected to be available yearly. They discussed a possible membership fee, condition of parking area and how many cars it could hold. Likely nature of the relationship between the Borough and organization is that of landlord and tenant. Some things are unclear, such as whether the gates would be locked and if someone would be available with authority to ask a person with an unruly dog to leave.
They are set up with a board, by-laws, and bank account. Mr. Dirienzo said his experience with grants included the notion that money cannot be spent making improvements on property not owned by the applicant. Other feature of the dog park is a zoning issue – it is in an R-2 zone. A park is a conditional use and it is not permitted in an R-2 zone. Mr. Dirienzo said a site plan and parking requirements, etc. go with a conditional use under the Zoning Ordinance. He explained that this is a conditional use under the existing zoning. The approval ends up coming from Council, but only after the site plans have been developed and submitted to the Planning Commission.
Mrs. R. Miller mentioned property on Stadium Drive, owned by the Eagles that could offer more space. Mr. Dirienzo said the decision is whether we want to be involved or not. If so, we take it to the next step - first, go to the School Board and ask if they will deed it to us for a dog park operated by someone else, with whatever Borough involvement they decide to have. The official organization’s name is “Wings of Change, Inc”. Concerning zoning and site plans, it would need to be done at some point but until Council decides to start down this road, the next player would be the School Board to confirm where they are with it.
The conditional use application would need to be made and reviewed by the Planning Commission, with the ultimate decision by Council.
Mr. Parke moved to send a letter to the School Board stating that we want the property back as a municipal use for a dog park, operated by “Wings of Change, Inc.”, with no Borough involvement – motion seconded by Mr. Urbain.
Vote: Mr. Parke, yes; Mrs. R. Miller, yes; Mr. Walker, yes; Mr. Rosemeyer, yes; Mr. Urbain, yes.
Unanimously Carried.
Mr. Justin Stull – Pending Litigation
Mr. Stull spoke about litigation concerning the crematorium installed near Tayman Avenue. He said he feels that the zoning ordinance has been violated, that it falls under “conditional use” with need for public notice, meeting and vote. He said he is asking Council to take action and make corrections in order to avoid litigation, time, and expense to all parties involved.
Mr. Mike Beeghley said he feels that Council has the right to stop the crematorium because it violates parts of the zoning ordinance. He said he speaks on behalf of the adjoining neighbors, concerned about possible mercury emissions and degradation of property values.
He said the permit was issued for the crematory at 555 Tayman Avenue, and that the owner filed the address of 118 Vannear Street. One month later he was given the permit for 555 Tayman Avenue, and he feels it was not posted properly. Mr. Dirienzo said he will be discussing this with Borough Council.
Fire Department
Mr. Lyons reported that the fire station has been paved. He said there is a problem with trucks from the Daily American unloading near the area, and described the turning situations, various other options that might be considered, and they questioned whether a sign would be enforceable.
Chief Cox explained that the only way they could enforce a sign would be under the trespass of the motor vehicle section of the Vehicle Code, since it applies to private property. Mr. Parke said he would be willing to set up a meeting with the fire department and Daily American to discuss the problem.
Payment of Bills
Mr. Walker moved to pay the following bills, including $108,323.33 for the Hickory Hill Sewer Project - motion seconded by Mr. Rosemeyer:
Check Numbers: 15988 to 16164 Total Amount: $453,641.60
Vote: Mr. Walker, yes; Mr. Parke, yes; Mrs. R. Miller, yes; Mr. Rosemeyer, yes; Mr. Urbain, yes.
Unanimously Carried.
Snow Emergency Policy
Council is asking for comments, suggestions, etc. for, making snow removal easier, and reminding property owners of their responsibilities, plus what they can and cannot do. Mrs. R. Miller said they can also remind residents that they are allowed to trim their trees so snow plows aren’t obstructed. Mr. Cox said something may need to be enacted. He said something is needed for this winter; certain streets could be temporarily signed as “no parking.” He described situations on Ankeny Avenue where legally parked cars were causing problems. A list of problems/remedies will be circulated.
H.K. Realty - Zoning Map
Mr. Parke moved to adopt the following Ordinance, seconded by Mr. Walker:
Ordinance No. 1345
AN AMENDMENT TO THE SOMERSET BOROUGH ZONING ORDINANCE, AS AMENDED, AMENDING THE ZONING DISTRICT MAP OF BOROUGH OF SOMERSET, SOMERSET COUNTY, PA, BY REZONING A PORTION OF A C-1 DISTRICT TO AN M-1 CLASSIFICATION
Unanimously Carried.
Mr. Urbain moved to adopt the following Resolution, motion seconded by Mr. Rosemeyer:
Resolution No. 2010-10 Disposing of Borough Tax Collection Records
WHEREAS, The Borough of Somerset adopted Resolution No. 87-02 on April 27, 1987 providing for the destruction of certain papers in accordance with the Retention and Disposition Schedule for Records of Pennsylvania Municipalities, and;
WHEREAS, the Tax Collector, Mildred Hartzell Gnegy wishes to dispose of some of her records in accordance with this Resolution;
NOW THEREFORE, BE IT RESOLVED, that the following items be authorized for purging:
1998-2002 Monthly Reports
1998-2002 Daily Records of Tax Work
1998-2002 Cancelled Checks and Records
2000-2002 Paid Borough Per Capita, Occupational & Delinquent Tax Card
2000-2002 Paid Borough Real Estate Tax Cards.
Unanimously Carried.
Municipal Authority Board
Mr. Rosemeyer moved to appoint Vincent Jacob to fill the unexpired term of Ralph Friedhofer - motion seconded by Mr. Parke. Term expires on January 1, 2012.
Unanimously Carried.
Public Participation Policy
Mr. Vinzani said our policy allows for people to speak for no more than 10 minutes. The Solicitor pointed out the provision in the Sunshine Act: “the Authority shall provide a reasonable opportunity which must be allowed to anyone who is a taxpayer or resident”. He said there is nothing in the Sunshine Act that states they have to be on the agenda.
PSAB Resolution
Mr. Vinzani said the sample resolution has been circulated regarding consolidation of municipalities.
Mr. Rosemeyer moved to have the Manager send a letter opposing this consolidation of municipalities and adopt the following Resolution, with a copy to SCBA – motion seconded by Mr. Urbain:
RESOLUTION NO. 2010-11
WHEREAS, The Borough of Somerset, Pennsylvania, U.S., is a municipality with a population of 6,762 residents and more than 350 businesses;
WHEREAS, The Borough of Somerset, a full-service government, provides quality and essential services to residents that only a municipality can offer, and;
WHEREAS, The Borough of Somerset government is a full-service government which includes a Public Works Department, 24-hour Police Department, Codes Enforcement and Inspections Department, Fire Department with more than 50 volunteers, a Mayor, a seven-member Council, A Borough Manager and staff, a Municipal Authority, a Zoning Hearing Board, a Planning Commission, A Civil Service Commission, and a Codes Appeal Board, and;
WHEREAS, the Borough of Somerset provides governmental services similar to most of the other townships, cities and boroughs in the Commonwealth of Pennsylvania;
WHEREAS, the citizens and businesses of these municipalities take great pride in living in a community that is self-sufficient and provides governmental services that are beneficial on a personal level, and;
WHEREAS, HB 2431 would, if adopted, change the PA Constitution and establish the county as the basic level of local government in PA, with municipalities existing only under the jurisdiction of the county and having only those duties and responsibilities as determined by the county, and;
WHEREAS, SB 1357 would, if adopted, change the PA Constitution and establish the county as the basic level of local government in PA with municipalities existing only under the jurisdiction of the county and having only those duties and responsibilities ad determined by the county, and;
WHEREAS, SB 1357 would, if adopted, establish an unelected, statewide boundary commission to review and make recommendations to the General Assembly for the merger, consolidation or annexation of municipalities, and;
WHEREAS, both bills would eliminate many current townships, cities and boroughs, and;
WHEREAS, both bills would jeopardize the right of Pennsylvania’s citizens to live in society that was founded on representative democratic principles, and;
WHEREAS, the current form of local government allows local residents to hold local elected officials accountable, and;
WHEREAS, the current form of local government allows for a timely response to local crime, safety, fire, and codes enforcement issues, and;
WHEREAS, eliminating local governments will lead to larger, more corrupt government to preside over a larger constituency of citizens, and;
WHEREAS, these two bills will bail out the large cities that have improperly spent their funds over the last several decades while punishing the smaller communities that have spent frugally and have strived to make intelligent fiscal decisions while spreading limited resources in a manner that would most benefit the community, and;
WHEREAS, the Borough supports the voluntary merger or consolidation of local governments if the process is initiated at the local level and it has the support of the majority of the residents of all affected municipalities, and;
WHEREAS, the Pennsylvania State Association of Boroughs opposes HB 2431 and SB 1357.
NOW THEREFORE BE IT RESOLVED, that the Council of the Borough of Somerset opposes any measure, initiative, or plan that mandates the forced merger, consolidation or annexation of local governments, and;
BE IT FURTHER RESOLVED, that the General Assembly be urged to oppose HB 2431 and SB 1357, and any simsilar legislation that has been or may be introduced in the future to mandate forced consolidation, merger or annexation of local governments in Pennsylvania, and;
BE IT FURTHER RESOLVED, that a copy of this resolution be presented to our State Senator, State Representative, and the PA State Association of Boroughs.
Committee, Administration, Special Reports
Manager’s Report
Mr. Vinzani will give a synopsis on the DEP potential Corrective Action Plan and issues on our water allocation permit to the press. He reported that we received $42,580.07 from our PEMA snow removal reimbursement.
President’s Report
Mrs. R. Miller reported on a meeting concerning signs and a request to Penn DOT for a “do not block intersection” sign. Various problem areas were pointed out and Penn DOT will look at a 4-way stop sign at Main and Edgewood.
Engineer’s Report
Mr. Reilly reported on the Hickory Hill Sewer Project. He stated that Somerset Township Supervisors have proposed that they own Hickory Hollow Road and the Borough’s sewer line project goes through it. The Contract is to restore the trench on Hickory Hollow Road and the Township was planning on doing drainage work here.
The Township proposed that, instead of the Borough’s contractor reconstructing this trench, the Borough provide the funds that they would normally provide to the contractor to Somerset Township, and the Township would restore this road at no additional cost to the Borough. Issues such as future liability would need to be worked out. Cost is $52,230.00 that would be paid to Somerset Township instead of the contractor. A change order would be required.
Mr. Parke moved to give the contractor’s money to the Township, with the Township taking care of restoring the road. Motion was seconded by Mr. Walker.
Unanimously Carried.
Public Works Committee
Mr. Parke stated that they had discussion concerning snow removal this winter and everyone has a copy of what was discussed. Mr. Parke said that he will take in the Chief’s considerations.
Unanimously Carried.
Public Safety Committee
Mr. Rosemeyer reported on their meeting of August 16th. They discussed sending a letter of thanks to Officer Santa for his involvement in “National Night Out”.
Next year’s budget will involve a patrol vehicle and possibly a new SUV or equivalent. They spoke about video cameras and computers as a safety measure in vehicles.
Our officers respond to the Township, with no reimbursement. Mr. Cox pointed out that this is not assisting the Township, but another law enforcement agency. When we assist PSP this becomes a balance, since PSP is assisting us. He said we do not leave the Borough unless requested by another law enforcement agency.
Finance Committee
Mr. Urbain reported the finances in good shape at 58% of the year. They are working on the budget, with street paving and equipment needs. Chief Cox said police vehicles will need attention this year and they discussed the need for a new vehicle. Oldest one with the most mileage would be used as a trade-in.
Shade Tree Committee
Grant money from the hotel tax was used to remove a dead tree by the Chamber Office. They are prioritizing trees to be removed and replaced with the remaining hotel tax money.
Somerset Inc.
Mr. Parke reported that they continue to meet on a regular basis and are planning the Fire & Ice Festival.
Mayor’s Report
No Report.
As part of the Finance Committee meeting, Mr. Peters asked for the normally scheduled December meeting to be moved to December 20th since Christmas is on a Saturday. He is preparing his budget schedule.
Mr. Urbain moved to schedule the December Council meeting for December 20th – motion seconded by Mr. Rosemeyer.
Unanimously Carried.
At the recent meeting of the Somerset Tax Collection Committee, the earned income tax collector for year 2012 was appointed. Three bids were evaluated: Capital Tax, Harrisburg, Keystone Collection Group, Pittsburgh, and Somerset Township. The TCC recommended Capital Tax as lowest bidder. At this time we have PAMS and it will change in year 2012 whereby all in the County will have one tax collector. Mr. Vinzani said we supported the lowest bidder and recommendation of the Committee.
Solicitor’s Report
Mr. Dirienzo said he was contacted by the Chief Oil & Gas Company representative and they are interested in three properties. Two of the three are in the Municipal Authority’s name; one is a 9.94 -acre piece, another is a 90-acre piece and also a 141-acre piece. They are still talking about one thousand dollars an acre for a 5-year lease, with another 5-year renewal. He explained the purpose of the Pugh clause and reminded Council that if we expect to use some of the oil and gas money for Borough and not Authority purposes, we need to convey the property from the Authority to the Borough for oil/gas before we lease it. Question would be whether we want to continue to develop this or look for somebody else.
Mr. Parke moved to continue to move forward with an agreement with Chief Oil Company – motion seconded by Mr. Urbain.
Unanimously Carried.
The Solicitor explained that the proceeds will go to the Lessor, and the greater share will be the Municipal Authority. There is no convenient way of channeling Authority funds into the Borough coffers.
Executive Session
Mr. Parke moved to enter into Executive Session concerning potential litigation – motion seconded by Mr. Walker.
Unanimously Carried – 9:50 p.m.
Reconvened
The meeting reconvened at 10:07 p.m. A motion was made by Mr. Rosemeyer to decline the request made by Attorney Robert Ging, Jr. on behalf of his clients, Mr. & Mrs. Shull and Mr. & Mrs. Raupach to revoke Mr. Wallace Miller’s permit. Motion was seconded by Mr. Walker.
Unanimously Carried
Adjournment
Mr. Parke moved to adjourn – motion seconded by Mr. Rosemeyer.
Unanimously Carried.
10:09 p.m.
____________________________
Benedict G. Vinzani, Jr. Ph.D.
Borough Manager/Secretary