MINUTES

INDIAN LAKE BOROUGH COUNCIL MEETING

JUNE 10, 2009

The regularly scheduled meeting of the Indian Lake Borough Council was held on June 10, 2009 at 7:00 P.M. at the Indian Lake Borough Building.

THOSE PRESENT: THOSE ABSENT:

Michael D. Miscoe, President Harry Huzsek, Superintendent

P. Scott Moore Barry S. Lichty, Mayor

Robert Vogel

Richard Stern

Charles McCauley

Timothy Walters

Patricia Dewar

Dan Rullo, Solicitor

Theresa L. Weyant, Borough Manager/Secretary

Dean Snyder, Zoning Officer

Denise J. Miller, Police Chief

Visitors – Ken Helsel, Albert Diehl, Terry Shober, Ronald Petrina, Paul Cornez, and James Lyons.

The meeting was called to order at 7:03P.M. by Michael Miscoe, Council President.

ORDER OF BUSINESS

1. Approve the Minutes of the Meeting Held on May 13, 2009 - Miscoe asked for additions and/or corrections. Stern noted on Page 1 Patricia Dewar was listed absent but she was recorded as calling the meeting to order. This needs to be changed to reflect Michael Miscoe calling the meeting to order. Secretary noted the correction and will make the necessary change. Vogel moved and Stern seconded to approve the Minutes with the correction made. All ayes, motion carried.

2. Financial Reports – Moore 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 following bills from GAI Consultants dated March 1, 2009, in the amount of $23,688.54, the bill dated March 4, 2009, in the amount of $9,503.52, the bill dated May 6, 2009, in the amount of $6,125.96, the bill dated June 3, 2009, in the amount of $21,164.37, and the bill dated June 5, 2009, in the amount of $970.47 McCauley seconded the motion.

Dewar made a motion to authorize the Borough Manager to send another letter to GAI Consultants requesting a formal proposal for the following: Monitoring Construction for Phase 2, Part 2; Design for Phase 3; and Monitoring Construction for Phase 3. This proposal must be a not to exceed price. Walters seconded the motion. All ayes, motion carried.

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

Moore 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 to approve the Finance Committee’s recommendation to approve the Summary of Account Balance Report as presented. Stern seconded the motion. All ayes, motion carried.

3. Welcome Visitors - Ken Helsel, Albert Diehl, Terry Shober, Ronald Petrina, Paul Cornez, and James Lyons.

4. Legal Report:

A. Michael Direnzo-Failure to Close on Purchase of 2001 F-450 – Moore made a motion that unless Mr. Direnzo shows up by the end of the meeting, his bid for the 2001 F-450 will be rejected due to his failure to close and the bid from Brad Dively, in the amount of $4,654.00, who was the second highest bidder will be accepted. Dewar seconded the motion. All ayes, motion carried.

B. Recording Fees for the Acquisition of Properties in Stonycreek Township for the Dam Remediation Project – Vogel made a motion to authorize the Borough Secretary to issue a check in the amount of $729.92 to the Recorder of Deeds for the recording fees for the acquisition of the properties owned by Gwendyln Keyser, PBS Coals, and Paul Mostoller. McCauley seconded the motion. All ayes, motion carried.

C. Ocepek Civil Complaint – Walters made a motion to authorize Dean Snyder, Zoning Officer, to sign and proceed with the Civil Complaint against Karl Ocepek on his dilapidated boat house. McCauley seconded the motion. All ayes, motion carried.

D. Amendment to Boating Ordinance No. 116 – Council requested that Attorney Rullo re-draft the amendment to Boating Ordinance No. 116 providing for a change in the definition of the term “Pontoon Boat” and to change the classification of a sailboat from a powered boat to a non-powered boat.

E. Dam Remediation – McCauley made a motion to authorize GAI Consultants to prepare the bid specification for the sluice gate and for the installation of the sluice gate and to make any necessary repairs. Vogel seconded the motion. All ayes, motion carried.

Vogel made a motion to authorize Attorney Rullo to proceed with taking the appropriate legal action to re-coup the Borough’s costs with those entities and or bonding company that would be liable relative to the original contract. Dewar seconded the motion. 6 ayes and 1 abstention. Motion carried. Miscoe filed the abstention memorandum with the Borough Secretary.

F. New Enterprise Stone & Lime-Proposal for Berming Roads – Dewar made a motion authorizing the Borough Manager to solicit three proposals for labor only to place and compact the berm material on South Shore Trail and South Peninsula Drive. If the quotes come in under $10,000.00 and if the contractor can have the work completed by July 4th, manager can execute the contract. Stern seconded the motion. All ayes, motion carried.

7. Correspondence:

A. Shanksville-Stonycreek School District-Senate Bill/House Bill 850 – The Shanksville Stonycreek School District is requesting that the Borough contact State Representative Carl Metzgar and ask him not to pass Senate Bill/House Bill 850. The proposed bill includes the removal of federal stimulus dollars from basic education funding for school districts in an attempt to help balance the state budget. They are also requesting that the Borough contact U.S. Congressman Bill Shuster to support his efforts in securing funds to supplement the lost real estate tax revenue from those properties being acquired for the Flight 93 Memorial National Park. No action was taken by Council.

B. University of Pittsburgh-Two-hour Forum on Achieving Interoperability through the State Radio System – The University of Pittsburgh Institute of Politics will be holding a two-hour forum on achieving interoperability through the state radio system on Thursday, July 9th at the Marriott Pittsburgh North in Cranberry Township. No one to attend.

C. PSAB-Enactment of a Severance Tax on Gas Drilling – The Pennsylvania State Association of Boroughs is requesting that the Borough contact our state senator and tell him that we want Pennsylvania to tax the extraction of natural gas so that the taxpayers do not bear the brunt of damage to roads, emergency services, water quality, and other community services impacted by gas drilling and let them know that the Borough supports the enactment of a severance tax on gas drilling. No action was taken by Council.

8. Committee Reports:

A.  Public Works:

1.  Road Study for Road Bonding – Dewar made a motion to authorize the Borough Manager to solicit three

engineering proposals for having a road study done on all the Borough roads to determine what the weight limit restrictions and what the recommended road postings need to be on all the roadways. Walters seconded the motion. All ayes, motion carried.

B.  Personnel Report:

1. Employee Health Insurance Renewal Rates - Vogel made a motion to accept the renewal rate quotation from UPMC for option EPO5 for the employee health plan benefits for 2009-2010, unless after the medical underwriting, rates for Health America would come in substantially lower. Dewar seconded the motion. All ayes, motion carried.

C.  Zoning Report:

1. Universal American-Rezoning Request – Council felt that there was not enough information provided to them in order for them to proceed and therefore, they recommended sending the re-zoning request back to the Planning Commission requesting a clarification on what the exact acreage is for the R-1 parcel of property.

9. Old Business:

A. Shanksville Volunteer Fire Department-False Alarms – Council requested that the Borough Manager contact the Shanksville Volunteer Fire Department to get a count as to how many false alarms they responded to in the Borough for a one year period and how many of those were repeat offenders.

B. Credit Card Payments – At this time, the fees associated with processing credit card payments would be cost prohibited. As an alternative, most banks do offer free on-line bill paying for their customers and there are no costs to the Borough.

10. New Business:

A. Stone Sign Located on Entrance Drive – Walters requested that the Service Corporation considered getting the Stone Sign located on Entrance Drive resurfaced again. Stern stated that he will have the Service Corporation Board of Directors look into this.

B. No Wake Buoys – Dewar questioned when the fishing club would be putting in the “No Wake Buoys”? Diehl stated that the fishing club has applied for the permit and they have also order 2 new buoys. Once the permit is received they will have the buoys installed.

11. Public Comment:

Paul Cornez wanted to take this opportunity to thank the Borough for removing all the stumps and debris from the lake. Council requested that Michael Miscoe send a letter of thanks to Marc Alaia, at the Indian Lake Marina, expressing the Borough’s appreciation to them for loaning us their Pontoon Boat to get the debris from the lake.

James Lyons informed Council that he sent a letter to Dean Snyder, Zoning Officer, about Mr. St. Clair’s portable toilet on the bottom of the ski slopes. Dean Snyder acknowledged receipt of this letter, however, he has not had time to respond, but a response will be forthcoming.

Kenneth Helsel also wanted to take this opportunity to thank the Borough for paving Navajo Path.

With no further business to discuss, Vogel moved and McCauley seconded to adjourn the meeting at 9:52 P.M. All ayes, motion carried.

The next regularly scheduled meeting of the Indian Lake Borough Council will be held on June 24, 2009 at 7:00 P.M. at the Indian Lake Borough Building.

Respectfully submitted,

Theresa L. Weyant

Borough Manager

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