Somerset Borough Council Minutes

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Meet the Somerset Borough Council Members and Staff

Meet the Somerset Borough Council Members and Staff

Public Comment Policy

The Pennsylvania Sunshine Act (65 Pa. C.S. 701, et seq.) provides that the Board or Council of a political subdivision shall provide a reasonable opportunity at each advertised regular meeting and advertised special meeting for residents of the political subdivision or for taxpayers of the political subdivision or to comment on matters of concern, official action or deliberation which are or may be before the Board or Council prior to taking official action. (710.1).

To assure compliance with the Act, to inform members of the public who may wish to make comment, and to provide for predictable and orderly implementation of the public comment period, Somerset Borough Council has adopted this Public Comment Policy.

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2013 Council Meetings
7:00 pm at the
Municipal Building

January 28th
February 25th
March 25th
April 22nd
May 20th
June 24th
July 22nd
August 26th

 

*Council has traditionally rescheduled its November and December meetings based on the timing for budget adoption and the Thanksgiving and Christmas holidays.   The rescheduling will be done closer to these dates.

SOMERSET BOROUGH COUNCIL MEETING
June 24, 2013 - 7:00 p.m.

 

The Somerset Borough Council meeting was called to order by President Ruby Miller, opening with recitation of the Pledge to the Flag.

Present

            Council Members Paul Urbain, Wanda Miller, Frank Koval, Fred Rosemeyer, Ruby Miller, and Scott Walker present. 

            Also present were: William Meyer, Mayor; Benedict G. Vinzani, Jr., Borough Manager; Tom Reilly, Consulting Engineer; John J. Dirienzo, Jr., Borough Solicitor; Michele Enos, Assistant to the Borough Manager; Randy Cox, Chief of Police; Brett Peters, Director of Finance; George Svirsko, Director of Public Works.

Approval of Previous Meeting Minutes

            Mr. Rosemeyer moved to approve minutes of the Public Hearing of May 20, 2013 – seconded by Mr. Walker.
Motion Unanimously Carried.

            Ms. Wanda Miller moved to approve the May 20, 2013 Council minutes – seconded by Mr. Rosemeyer.
Motion Unanimously Carried.

Opening of Bids
Mr. Vinzani said the bids are for two types of street paving.  One street paving bid was submitted from New Enterprise, New Enterprise, PA, in the amount of $93.79 per unit ton.  We anticipate approximately $33,764.40 for 360 tons at this rate for street paving this year.  He recommended award of the bid.

            Mr. Koval moved, Mr. Walker seconded to award the bid to New Enterprise in the amount of $93.79 per unit ton for street paving.

                                                                                                Motion Unanimously Carried.

           
The second bid is for our micro-paving, used for the parking lot behind the F.O.E. and around our Public Safety Building.  Individual unit costs are: $1.946 per square yard for single seal coat; cold laid modified emulsion pavement, $3.60 per square yard - for a total estimate of $24,147.28.   Bids will be awarded by unit price.

            Mr. Walker moved, Mr. Koval seconded award of the bids as defined.

                                                                                                Motion Unanimously Carried.

Citizen Recognition
Mr. Henry Cook, President of the Somerset Volunteer Fire Department, described the following incident: A citizen was walking his dog and happened to notice smoke emitting from a parked car, which was on fire.  The Fire Department had been called, and the citizen immediately opened the car door and removed the unresponsive driver safely out of the car. 
We now know that this person was Dave Halverson, and the Police and Fire Departments would like to present him with an acclamation. 
Mr. Halverson explained the incident, stating that he approached the smoking car out of concern about a possible explosion, and safety for the driver, similar to what anyone would do. Borough Council acknowledged the deed of Mr. Halverson and expressed its appreciation. 

Payment of Bills

            Mr. Koval moved, Mr. Rosemeyer seconded payment of the following bills:

            Check Numbers: 21934 to 22142                        Total Amount: $740,622.31

                                                                                                Motion Unanimously Carried.
New Business

(a) Police Sergeant Position
Mr. Vinzani reported that a recap of results from the examination process was presented to Council for action.

Motion
Mr. Rosemeyer moved to promote Officer Steve Borosky to the rank of Sergeant, seconded by Mr. Urbain.
Motion Unanimously Carried.
Motion
Mr. Rosemeyer moved to promote Officer Richard Appel to the rank of Sergeant, seconded by Mr. Walker.
Motion Unanimously Carried.

Presentations
Mr. Meyer administered the Officers Oath to both officers.

Old Business

(a) Barron/Koontz Zoning Modification
The Solicitor reported that this zoning modification ordinance has been prepared as directed by Council at its last meeting; is advertised; and now ready for Council action.

Motion
Mr. Walker moved, Mr. Rosemeyer seconded to adopt the following Barron/Koontz Zoning Modification Ordinance:

Ordinance No. ________

            AN AMENDMENT TO THE SOMERSET BOROUGH ZONING ORDINANCE, AS AMENDED, AMENDING THE ZONING DISTRICT MAP OF THE BOROUGH OF SOMERSET, PA, BY REZONING A PORTION OF AN R-1 DISTRICT TO R-3 CLASSIFICATION.

            WHEREAS, the Borough Council of the Borough of Somerset, PA adopted Ordinance 974 on January 12, 1970, entitled “Somerset Borough Zoning Ordinance, as Amended” (hereinafter “Ordinance”), and:
            WHEREAS, the “Zoning District Map, Borough of Somerset, PA” (hereinafter “map”) was made a portion of the Ordinance at time of its adoption, and;
            WHEREAS, Article 14, Section 1 of the Ordinance provides that Borough Council may amend, supplement or change, by ordinance, the boundaries of the Districts included in the Ordinance which may be initiated by petition of any property owner addressed to the Borough Council, and;
            WHEREAS, Somerset Borough Council has received such petition to amend a portion of an R-1 District, making it an R-3 District, and;
            WHEREAS, approval of said petition has been recommended by the Somerset Borough Planning Commission and Borough Council has conducted a Public Hearing on said petition, all as required by the provisions of the PA Municipalities Planning Code;

            NOW THEREFORE, BE IT ORDAINED and enacted by the Borough of Somerset, PA, as follows:

1. The Ordinance and map are hereby amended to change a portion of the R-1 zoning described as follows:

            Bounded on the North by the existing lot line of the premises known as 809 East Main Street; bounded on the East by the western margin of a certain non-public roadway known as Beaumont Drive as well as the western lot line of the premises known as 134 Beaumont Drive; bounded on the South by the centerline of East Main Street; bounded on the West by the existing lot line of the premises known as 809 East Main Street, as more particularly shown in yellow color tone on the draft attached to this Ordinance and marked “Exhibit A”.

2. From and after the date of the enactment of this Ordinance, said  area described in Section 1 above, and the use thereof, shall in all ways comply with the provisions of the R-3 Zoning District.

3. All remaining portions of the Ordinance and the map shall remain un-amended and unaffected hereby.

4. This Ordinance shall take effect immediately.
Motion Unanimously Carried.

(b) PennDOT Winter Maintenance Agreement
          Concerning renewal of the winter maintenance agreement for Franklin Avenue, Mr. Vinzani said PennDOT has not contacted him to say what terms they may offer, if any.  He said it is not in our favor to continue the arrangement as is, because even with “severe winter” additional payments we are near to $10,000 in the hole. 
If we do not extend the agreement, it goes back to the State for snow/ice removal.  It was convenient for us because our Public Works garage is on Franklin Avenue but there are costs involved, with salt, anti-skid, gasoline, plus wear/tear on the equipment.
We receive adjustments for severe winters but it has generally been $1,200 dollars, which does not match our costs from last winter.  We will need to make a decision prior to the winter season to let PennDOT know if we will continue the arrangement.  If we discontinue our current arrangement, it would go back to them for everything else, including snow/ice removal.

(c) James Onstead Action on the Zoning Modification Request
Mr. Vinzani reported that the Planning Commission met June 3rd and recommends that Council approve the rezoning.  Next step is to authorize a Public Hearing for public input.

Motion
Mr. Walker moved, Mr. Koval seconded to schedule the Public Hearing for zoning modification at 6:30 p.m. before the next Council meeting.

Motion Unanimously Carried.

(d) Mary S. Biesecker Library – Appointment to Board of Directors
Mr. Vinzani explained that Reverend Olson is leaving the Board and the Library recommends that Council appoint Annette Isgan to this position.

Motion
Mr. Rosemeyer moved, Mr. Urbain seconded to appoint Annette Isgan to the Library’s Board of Directors.
Motion Unanimously Carried.

(e) Edgewood Grove Estates Subdivision
Mr. Vinzani said the Planning Commission recommends that Council approve this subdivision, making two parcels from one.

Motion 
Mr. Walker moved, Mr. Rosemeyer seconded to approve the Planning Commission’s recommendation to approve the Edgewood Grove Estates Subdivision.

                                                                                                Motion Unanimously Carried.

Committee, Administration, Special Reports

(a) Manager’s Report
Mr. Vinzani presented the following:
The Army Corps of Engineers inspected our Coxes Creek Flood Control Project, and generated a report.  We earned the highest rating possible, which is “acceptable”.  

            He thanked Mr. Svirsko for his care of the maintenance items.
He attended the monthly meeting of the County Drought Task Force.  All water suppliers reported adequate supplies of water.
He met with our health care brokers and UPMC, along with Mr. Peters, to discuss health care reforms scheduled to take effect in 2014.
He attended a webinar and social media on Local Government, and stated that there is a lot to look at prior to participating in programs like Facebook or Twitter for Municipal Government, since there are ramifications and policies that need to be considered.
He congratulated Michele Enos on her graduation from the County Leadership Program.

(b) President’s Report
Mrs. Miller reminded all present of the fireworks display to be held July 6th and National Night Out on the first Tuesday in August.
She congratulated Michele Enos and Amber Rosado (reporter with the Somerset Daily American Newspaper) on their graduation from the Somerset County Leadership Program.

(c) Engineer’s Report
          Mr. Reilly reported on the Industrial Park Waterline Project – all waterlines are in ground.  They are doing connections and restorations at this time, with final connections at end of the week.
The State Hospital 1920’s tank has been demolished.  They started the final excavation to build the new tank.

(d)  Public Works & Equipment Committee
Mr. Walker’s report:
The Public Works Department has been busy with summer maintenance programs.
A “cracked sealing” program is started on McKinley Drive, Clover Hill Road, Harrison Avenue, Scott Avenue and Smith Street. They are utilizing help from the Department of Corrections, cutting grass along the railroad tracks by Pleasant Avenue.
Some of our equipment needs to be replaced - an excavator, a skid steer and a backhoe.  We will be finalizing a purchase/financing plan with the Director of Finance.

(e) Public Safety Committee
Mr. Rosemeyer reported on their June 10th meeting:
They discussed completion of the Somerset County Jail investigation.  The report will be submitted to the County Commissioners.  He congratulated our detectives on a job well done.
They spoke with the Superintendent of Schools on our contract.  She was very pleased with the officers and police assigned to the school.
He said they talked about the motorcycles.
At this point Chief Cox explained that “Highland Harley” is willing to take a trade-in for two recent model police motorcycles from the University of Pittsburgh Police Department, for a total of $18,000.  We received a $5,000 donation from the American Legion and budgeted $10,000 to replace the Detective’s car this year.  At this point we are approximately $3,000 short, which showed up after the budget was developed. 
Mr. Cox updated Council on an injured officer’s condition.  The officer is recovering and will be returning to full duty on July 1st.
Mr. Rosemeyer mentioned the need for the canine replacement.
He said there is an issue with the server and the Chief is looking at having cameras in their cars to protect the community, an upcoming expense but much needed.
In answer to question concerning police sergeants, Mr. Cox explained that when we had OICs, there were specific designations of areas of responsibility, but since we are dropping from three OICs to two sergeants, each will continue to have certain duties.

(f) Finance Committee
Mr. Urbain presented the budget report to May 31, 2013, at 5/12th of the year:
General Fund Revenue: 67.07% - Expenses: 37.13%
Water Fund Revenue: 43.04% - Expenses: 38.69%
Sewer System Operating Fund Revenue: 40.79% - Expenses: 37.52%

            Discussion followed regarding PSAB Conference expenses.  It was suggested that we pay for the conference hotel registration; three per year would attend; one conference per year; and they would pay for their own meals, mileage and gas.  They reviewed the following report:
Year 2013: Annual Conference cost: $2,500.00
Year 2012: Fall Conference: $907.00
Year 2012: Annual Conference, Seven Springs: $510.00
Year 2011: Fall Conference, State College: nearly $1,000.00
Year 2011 Annual Conference, Hershey: $2,400.00

            Mr. Urbain said they are attempting to trim these costs.  In discussion they proposed having members pay for registration and hotel costs for three Council persons per year and possibly alternate.  The fourth could pay their own way.  Some topics can be found on the internet, and the magazine provides news.  They discussed the distances to conference areas, various hotel expenses.  Mrs. Ruby Miller suggested that a member could pay their own way if they chose more than one conference.
Final decision was to have the Manager write a policy based on some of the input received, for each Council member, for their response.

(g) Somerset, Inc.
Mr. Vinzani presented Mrs. Pyle’s report:
An Uptown Development Council Committee was created, headed by Ken Halverson.  The goal is to seek new tenants for empty buildings and actively solicit possible businesses.  They are also searching for those interested in becoming an active committee member, and they currently meet at 8:00 a.m. on the third Thursday of every month at Crazy Alice’s Restaurant.
She also asks that we check out Alexis Park.  It has been cleaned, trees trimmed, (some removed), and shrubbery/flowers planted.
The Friday following this Council meeting is a “ghost tour” at the old Somerset Trust Building at 6:00 pm. 

(h) Solicitor’s Report
Concerning the parcel annexations, the school agreements have not been signed yet.
The PUC Hearing will be a month from now, on the railroad crossing case.
He said we have been asked to cancel the possible public use of the old Holiday Inn Access road that came to us by deed-of-dedication in 1985 from the Schrock heirs to the Borough.  It contained the provision that “if the above described parcel of land to be used as a public street shall be vacated at any time by appropriate action of the Borough, premises vacated shall revert to the grantors for their heirs and assigns who are owners of the premises”.
Therefore the deed states we should revert it back which would require a ordinance.  He said he will prepare it for consideration at next Council meeting.
Mr. /Mrs. Paul Johnson have agreed for us to install a hydrant in front of the old Vieregge Chiropractic building on East Main Street, and he has prepared the paperwork.
He mentioned that our Somerset Trust Company branch has received a high ranking, and it is recommended to nominate them for an award for their accomplishment.
The Solicitor was questioned on whether there are stipulations that bids such as paving should be local.  He explained that the State law that controls our bidding does not give us the privilege of specifying local.

(i) Mayor’s Report
The Mayor stated that three people were interviewed for the new part-time police officer job; of the three interviewed, two are considered excellent candidates and we are in the process of completing background checks.

Adjournment
Ms. Wanda Miller moved to adjourn, motion seconded by Mr. Koval.

Motion Unanimously Carried.
8:22 p.m.


___________________________
Benedict G. Vinzani, Jr., Ph.D.
Borough Manager/Secretary