MINUTES OF THE BIG BEAVER BOROUGH COUNCIL MEETING August 16, 2011
HELD AT THE BIG BEAVER MUNICIPAL BUILDING, 114 FOREST DRIVE, DARLINGTON, PA 16115
President Landsbach called the meeting to order at 7PM followed by the Pledge of Allegiance to the United States of America and the Lord’s Prayer.
Roll Call:
Present:
President: Jason Landsbach
Mayor: Don Wachter
Council members: Admin. /Treas. Virginia Binder
John Nugent Code Officer Dawna Pella
Roz Miller Engineer: Larry Lennon
Willis Androlia Solicitor: Shannon Steele
Absent: Councilmen Lilly, Davenport, Magee
Visitors:
Mr Conley, resident, 114 Arnold Road, questioned the sale of the Arnold Road property. President Landsbach directed the question to Borough Solicitor Steele. Attorney Steele advised that an ad would be placed in the local newspaper asking for sealed bids, to include twenty percent earnest money at the time of bid. Bids would also have to include all costs incurred by the Borough for the sale.
Jarrett Svihra- Contract language for the Marcellus Shale contract termination has been completed and reviewed by Solicitor Steele. A motion made by Councilman Nugent, seconded by Vice-President Miller, to accept the new contract with the required changes, all in favor, motion passed.
Fred Eggers, Norwood Rd resident, voiced his concern on the “Rave” held at the old Blazer’s sight on Rt 18 bringing a CD of the noise. President Landsbach directed to Dawna Pella, Code Enforcement Officer. Ms Pella assured the residents and Council that after she was alerted of the “Rave” by a business owner, the property was posted, State Police were notified and a hearing has been set for Sept 8 before Magistrate Loughner. Ms Pella also advised all that she and the State Police are monitoring the Web-site for these “Raves” to keep it from happening again in the Borough.
John Cwynar, Norwood Rd resident, here on the Rave and thanked Council for their concern and action.
Ms Day and Ms Guthrie, Arnold Road residents very concerned about the sale of the Borough owned property between their properties. They both remember this property as being a right of way. Solicitor Steele advised all concerned that this piece of property was not deeded as a right of way. Ms Day and Ms Guthrie reported to Council that their neighborhood on Arnold never had any problems until Mr Conley moved in and started his dumping. They feel that the property was posted with a Borough sign ordering “no dumping” according to Ordinance, why can’t the Borough just enforce instead of selling. If the Borough is going to sell, why wouldn’t they offer to the neighboring lots first instead of someone who lives across the road and down the road? Solicitor Steele advised Council that all further discussion on the proposed sale of such property would be held in Executive Session.
Minutes: The minutes from July 19 and August 2, 2011 reviewed by Council and motion to accept as written made by Councilman Willis Androlia, seconded by Councilwoman Roz Miller. Roll call vote: all in favor, motion passed.
Financials:
Councilman Nugent presented the July Financials and motion to accept, seconded by Councilman Androlia, Motion passed. The prepared August bill list read by Councilman Nugent with a motion to accept and pay as funds became available, seconded by Roz Miller. Motion carried.
A letter from House of Representative Jesse White, 46th District, concerning a public hearing on Marcellus Shale impact fees was read and decided President Landsbach would attend. Discussion ensued concerning where the Borough could incorporate an Ordinance relating to the drilling or no drilling clauses. Vice-President Miller reported working with BBPC and Borough Engineers for the best alternative.
Road master’s Report:
Ms Binder advised Council, road crew employee, Paul Ice was to retest for CDl on August 23, 2011.
Streets & Roads:
Councilman Davenport reported still no response from McConaughy’s concerning their ditch (546 Foxwood Road) matter tabled. The painting of stop bars on roadways still ongoing, weather and time constraints.
Catch basin needed on Forest Drive, parts have been received and Don Reeher will meet with the property owner. The Traegerser Plan catch basins were again discussed, Councilman Androlia said that bricks and mortar should be ordered and used, no motion needed. The McKinley Road/ Railroad project was tabled with no response from the Railroad. Discussion over using jersey barriers on the Norwood Bridge ended with Engineer Lennon checking for proper fixes. A motion made by Councilwoman Miller, seconded by Councilman Nugent to order 5 storm water grates to replace the missing ones at Westgate with the stipulation the new grates be welded. Motion passed, Mayor Wachter checking with Roadmaster Reeher on the need for a portable welder. Admin/ Treas Binder presented the COG winter contracts for approval. A motion made by Councilman Nugent, seconded by Councilman Androlia to accept the lowest COG bid for the winter contracts, motion carried.
Building Supplies & Equipment:
Ms Binder advised Council new computer system projected install date week of August 22, 2011.
Public Health & Safety:
Ms Binder reported that Emergency Operations Plan is an ongoing project and no responses from the Newsletter for volunteers.
Musguire complaint visit by SEO was a no show by property owner, SEO will revisit the property.
Municipal Authority:
No report given, Councilman Magee not in attendance.
Parks & Recreation:
Councilman Lilly was not in attendance, no report. Park Bridge and catch basin renovations discussed, but Councilman Davenport not in attendance, tabled. A letter from BAYBA thanking Council for the 2011 season and asking for permission to use the fields for 2012 season was reviewed. After some discussion, Ms Binder will contact Jim Bouril concerning the particulars and report to Council.
Public Relations:
No report
Ordinances, Resolutions:
Adult Business and C-3 updates were presented, but there was confusion on the reading of the changes, BBPC Secretary Dennis Steitler will copy the final prints to be distributed at the next meeting, September 6, 2011.
Vice-President Miller advised Council that Special Conservation would be the next Zoning area to be visited by the commission.
Planning Department:
Secretary Steitler advised Council that the Ordinance state required for municipalities concerning airports is actually in our Ordinance 85 (Zoning) as Ordinance #111 (addition to)
Zoning:
Code Enforcement Officer Ms Pella discussed her monthly report. One of the main topics was the Rave held at the old Blazer’s sight on Rt 18. Ms Pella asked for a motion to have counsel at the Magistrate’s hearing. A motion made by John Nugent seconded by Roz Miller authorizing Attorney Steele to represent the Borough at the hearing. Councilwoman Miller alerted Ms Pella to a high grass issue on Rt 351; Ms Pella will investigate and report to Council.
Solicitor:
Attorney Steele wrote a letter to a new contact at the PUC, she will fax to the office for Council distribution.. Mark Kohlman, Beaver County will handle the assessment of the B&W buildings.
Engineer:
Engineer Larry Lennon read his monthly report reflecting the GIS proposal and first draft being presented at the BBPC 8/17 meeting.
Mayor:
Mayor Wachter reported that he will contact the Ambrosia Company. He also talked to Vince at Lindy and asked who on Council was interested in a tour of the plant. President Landsbach, Councilmen Androlia and possibly Davenport would be interested in attending with the Mayor.
At 10:02PM President Landsbach went into Executive Session for personnel and legal issues.
At 10:24PM Regular session resumed. A motion by Vice-President Miller, seconded by Councilman Nugent to retire the Big Beaver Recreation was passed unanimously. Solicitor Steele was directed to write a resolution to do so. A motion made by John Nugent, seconded by Roz Miller instructing Attorney Steele to write a letter to former Borough Secretary, Jennifer Wichryk to return Borough properties.
At 10:25PM Willis Androlia made motion for adjournment, seconded by Roz Miller.
Motion passed, all in favor except for John Nugent, meeting adjourned.
Respectfully submitted,
Virginia BInder