MINUTES

INDIAN LAKE BOROUGH COUNCIL MEETING

OCTOBER 14, 2009

The regularly scheduled meeting of the Indian Lake Borough Council was held on October 14, 2009 at 7:00 P.M. at the Indian Lake Borough Building.

THOSE PRESENT: THOSE ABSENT:

Patricia Dewar Michael D. Miscoe, President

Robert Vogel P. Scott Moore

Richard Stern Harry Huzsek, Superintendent

Charles McCauley

Timothy Walters

Barry S. Lichty, Mayor

Dan Rullo, Solicitor

Theresa L. Weyant, Borough Manager/Secretary

Dean Snyder, Zoning Officer

Visitors – Sean Isgan, Randy Musser, James Brant, Ken Helsel, Lee Nearhoof, Ron Schirf, Paul Cornez, James Dewar, Albert Diehl, Robert Marhefka, Tom O’Toole, Ronald Petrina, and Bruce Siwy.

The meeting was called to order at 7:00P.M. by Patricia Dewar, Council Vice President.

ORDER OF BUSINESS

1. Approve the Minutes of the Meeting Held on September 9, 2009 - Dewar asked for additions and/or corrections. Stern noted on Page 2, Section 6C, Line #5 should read as follows: It violated the Borough Code by conveying an asset…. Also, on Page 3, Paragraph 8, Line #1 should read as follows: Walters made a motion to ratify the unanimously approved August 8, 2007 motion that Attorney Rullo prepare….. Secretary noted the corrections and will make the necessary changes. Vogel made a motion to approve the minutes as corrected. McCauley seconded the motion. All ayes, motion carried.

Approve the Minutes of the Meeting Held on September 23, 2009 – Dewar asked for additions and/or corrections. Vogel noted as a point of information that a letter was submitted by the Indian Lake Borough Planning Commission along with the Pine Cove Subdivision Plan informing Council that they are recommending its approval. The vote of the Commission was three in favor, one abstention, and one absent. Walters made a motion to approve the minutes as submitted. Stern seconded the motion. 4 ayes and 1 abstention. Motion carried. Vogel filed the abstention memorandum with the Borough Secretary.

2. Financial Reports – Dewar made a motion to approve the Finance Committee’s recommendation to approve the Borough’s Financial Reports, including the amendments to the List of Bills Report, and to pay the outstanding bills except for the bills to GAI Consultants, payment should be withheld. Walters seconded the motion. All ayes, motion carried.

Dewar made a motion, based on the recommendation of the Finance Committee, to approve the Water Works Financial Reports and to pay the outstanding bills. Walters seconded the motion. All ayes, motion carried.

Dewar made a motion to approve the Finance Committee’s recommendation to approve the Sewer Financial Reports, and to pay the outstanding bills. Walters seconded the motion. All ayes, motion carried.

Dewar made a motion, based on the recommendation of the Finance Committee, to approve the Summary of Account Balance Report as presented. Walters seconded the motion. All ayes, motion carried.

Dewar made a motion to authorize the Borough Manager to transfer $51,298.49 from the PNC Bank Line of Credit to pay the invoices from Howard Concrete Pumping Co., Inc., in the amount of $28,458.00, and CME Engineering, in the amount of $22,840.49. Walters seconded the motion. All ayes, motion carried.

3. Welcome Visitors - Sean Isgan, Randy Musser, James Brant, Ken Helsel, Lee Nearhoof, Ron Schirf, Paul Cornez, James Dewar, Albert Diehl, Robert Marhefka, Tom O’Toole, Ronald Petrina, and Bruce Siwy.

4. Randy Musser, Musser Engineering-Universal American, Inc.-Requesting Zoning Map Change – Randy Musser on behalf of Universal American, Inc. presented the Borough Council with a revised map for the zoning change request as requested. The revised map designates a 75-foot wide zone along the Airport Property and the Indian Lake Golf Club maintenance building as Commercial Recreation, in order to provide a buffer between the residential zoned area and the adjacent non-residential areas. This area cannot be used for residential buildings, but could be used in support of adjacent residential development, including but not limited to trails, on-lot sewage systems, roads, and also included in overall site development density.

The zoning map classifications are as follows:

3.4 Acres Commercial General

4.2 Acres Commercial Recreational

19.9 Acres R-1 Single Family Residential

Robert Vogel, on behalf of the Indian Lake Borough Planning Commission, requested to review their request further at their meeting on October 26, 2009 before a public meeting is scheduled.

Council will set a public meeting for the rezoning request at their October 28, 2009 meeting and requested that the Commission submit their recommendations to them by that time.

5. Correspondence:

A. Windber Public Library Association-Donation Request – The Windber Public Library Association is requesting a donation. At this time, Council did not wish to make a donation.

B. Somerset Area Ambulance Association-Requesting Consideration for Additional Funding in the 2010 Budget – The Somerset Area Ambulance Association thanked the Borough for their 2009 donation of $2,500 toward their workers compensation insurance and operating expenses and they are requesting consideration for additional funding in the upcoming budget year.

Council requested that the Borough Secretary contact the ambulance association and request that a representative attend the next Council Meeting on October 28, 2009 and to present a summary of their financial reports

C. Ronald Sieling-Requesting Additional Time to Have Septic System Inspected – Mr. Sieling is requesting additional time to have his septic system inspected due to his difficulties in locating his tank and the possibility of having to remove 3 to 6 feet of fill by hand in order to try to locate the tank opening.

McCauley made a motion to give Mr. Sieling an additional two (2) weeks to have his septic system pumped and inspected and if that is not completed in 2 weeks his water will be discontinued until he is in compliance. Vogel seconded the motion. All ayes, motion carried.

D. Shanksville Volunteer Fire Department-Letter Sent to Shade Township Supervisors – The Shanksville Volunteer Fire Department has provided Council with a copy of a letter that was sent to the Shade Township Supervisors notifying them that effective on November 1, 2009 they will cease to service Shade Township. When a contract is reached with the Central City Fire Department they will resume mutual aide coverage to Shade Township.

E. Somerset County Boroughs Association-Social Meeting – The Somerset County Boroughs Association will be holding the annual Social Meeting on Thursday, November 19, 2009 at 6:30 P.M. at Hoss’s Steak & Sea House in Somerset, PA. The cost is $16.00 per person. No one to attend.

6. Terry St. Clair-Development Plan Revision – St. Clair presented a minor revision to the Kickapoo Lakeside Townhouses Subdivision Plan.

Chicora Townhouse Building – Will be relocated 20 feet from the property line

Santee Townhouse Building – Will be converted from a four-plex unit into 2 lower duplexes (now identified as Santee

and Tiwa)

Walters made a motion to refer this matter to the Indian Lake Borough Planning Commission and that the general consensus of Council, is that the modifications requested are appropriate. McCauley seconded the motion. All ayes, motion carried.

7. Legal Report:

A. Consideration to Adopt Ordinance Amending Boating Ordinance No. 116 – Vogel made a motion to adopt the amendment to Boating Ordinance No. 116 which provides for a change in definition of the term Pontoon Boat and changing the classification of a sail boat from a powered boat to a non-powered boat. McCauley seconded the motion. All ayes, motion carried.

8. Committee Reports:

A.  Finance Report:

1. 2009 Firemen’s Relief Fund Distribution - Vogel made a motion to allocate 90% of the 2009 Firemen’s Relief money to the Shanksville Volunteer Fire Department and 10% to the Central City Fire Department. Stern seconded the motion. All ayes, motion carried.

2. 3rd Quarter Financial Reviews - 2009 Borough Financial Review - Walters made a motion to authorize the Borough Secretary to do the following budget adjustments to the General Fund as outlined in the opinion and to accept the Borough Financial Review as presented:

1. 410.151 Police Insurance $ 784.00

2. 410.210 Police Office $ 344.00

3. 486.156 Employee Medical $2,100.00

4. 410.700 Police Capital (1,128.00)

5. 437.700 Vehicle and Equipment Capital (2,100.00)

Stern seconded the motion. All ayes, motion carried.

2009 Water Financial Review – McCauley made a motion to accept the 2009 Water Financial Review as presented. Stern seconded the motion. All ayes, motion carried.

2009 Sewer Financial Review – Vogel made a motion to accept the 2009 Sewer Financial Review as presented. McCauley seconded the motion. All ayes, motion carried.

3. Certificate of Deposits for the Water Works Fund – Vogel made a motion to authorize the Borough Secretary to invest $400,000.00 from the Water Works Funds into 1 year Certificate of Deposits and to invest $150,000.00 into 6 month Certificate of Deposits at the highest interest rate available. Stern seconded the motion. All ayes, motion carried.

B.  Public Works:

1. Authorization to Advertise the 1995 Dodge Truck for Sale – Vogel made a motion to authorize the Borough Secretary to advertise the 1995 Dodge truck for sale. McCauley seconded the motion. All ayes, motion carried.

C.  Environmental Report:

1. Proposal for Phase 3-Spillway Rehabilitation of the Dam Remediation Project – Vogel made a motion to accept the proposal from CME Engineering, in the amount of $72,875.00, to perform geotechnical drilling and the conceptual engineering design for the spillway improvements. Walters seconded the motion. All ayes, motion carried.

D.  Sewer Report:

1. CME Engineering Proposal for Bids Specs for Sewage Treatment Plant Building - Walters made a motion to accept the proposal from CME Engineering, in the amount of $2,900.00, for engineering services relating to the preparation of plans and specifications for the construction of a pole building to enclose the existing sewage treatment plant. Vogel seconded the motion. All ayes, motion carried.

E. Zoning Report:

1. Pine Cove Subdivision Plan – Vogel made a motion to approve the Pine Cove Subdivision Plan. Stern seconded the motion. All ayes, motion carried.

9. Old Business:

Mayor Lichty thanked the Service Corporation for the nice job that was done on the Indian Lake main entrance sign on Route 160 and also the sign at the office.

10. New Business: None.

11. Public Comment:

Paul Cornez questioned how the downstream valve held up during this drawdown. Mayor Lichty reported that the downstream valve held up very well and when the valve was closed there was no leakage, it totally sealed.

With no further business to discuss, Vogel moved and McCauley seconded to adjourn the meeting at 9:35 P.M. All ayes, motion carried.

The next regularly scheduled meeting of the Indian Lake Borough Council will be held on October 28, 2009 at 7:00 P.M. at the Indian Lake Borough Building.

Respectfully submitted,

Theresa L. Weyant

Borough Manager

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