MINUTES

INDIANLAKE BOROUGH MEETING

JULY 11, 2007

The regularly scheduled meeting of the Indian Lake Borough Council was held on July 11, 2007 at 7:00 P.M. at the IndianLakeBoroughBuilding.

THOSE PRESENT:THOSE ABSENT:

Terry L. St. Clair, Council PresidentP. Scott Moore

Michael D. MiscoePatricia Dewar

Charles McCauley

John Walters

Bryan Bozovich

Barry S. Lichty, Mayor

Daniel W. Rullo, Solicitor

Theresa L. Weyant, Borough Manager

Harry Huzsek, Superintendent

Dean Snyder, Zoning Officer

Visitors –Albert Diehl, Patrick Buchnowski, James Lyons, Don Wolf, Forrest Schucker, Ronald Petrina, Tiffany Wright, and Joe Bucks.

The meeting was called to order at 7:00 P.M. by Terry L. St. Clair, Council President.

ORDER OF BUSINESS

1.Approve the Minutes of the Meeting held on May 9, 2007 – St. Clair asked for additions and/or corrections. There being none, Miscoe moved and Bozovich seconded to approve the minutes as submitted. All ayes, motion carried.

2.Financial Reports – Manager reviewed the Income & Expense Report, the Budget Report and the List of Bills for June 30, 2007. Manager would like to add the following additional outstanding bill to the List of Bills Report: ASAP Court Reporting, for transcript of public meeting held on June 16, 2007, in the amount of $292.40. Miscoe made a motion to approve the Borough’s Financial Reports, including the amendments to the List of Bills Report. Walters seconded the motion. All ayes, motion carried.

Manager reviewed the Water Works Income & Expense Report and the List of Bills for June 30, 2007. Miscoe made a motion to approve the Water Work’s Financial Reports as presented. Walters seconded the motion. All ayes, motion carried.

Manager reviewed the Sewer Plant Financial Reports and the List of Bills ofJune 30, 2007. Miscoe made a motion to approve the Sewer Plant Financial Reports as submitted. Walters seconded the motion. All ayes, motion carried.

Manager reviewed the Summary of Account Balance Report for June 30, 2007. Miscoe made a motion to approve the Summary of Account Balance Report for June 30, 2007. Bozovich seconded the motion. All ayes, motion carried.

3.Welcome Visitors - Albert Diehl, Patrick Buchnowski, James Lyons, Don Wolf, Forrest Schucker, Ronald Petrina, Tiffany Wright, and Joe Bucks.

4.Public Comment:

A.Don Wolf – Mr. Wolf is requesting that Council consider increasing the number of secondary power boat licenses.

5.Legal Report:

A.Update on Zoning Violations for Karl Ocepek – Attorney Rullo is working on getting a hearing date scheduled.

6.Correspondence:

A.Somerset County Planning Commission-Revised Cheyenne Subdivision Plan – The Somerset County Planning Commission approved the revised Cheyenne Subdivision Plan. A copy of the approved plan was attached.

B.Department of Environmental Protection-RoxCOAL, Inc.-Augustus Mine Permit for Underground Mining Activity –The RoxCoal, Inc.-Augustus Mine recently applied for a permit for underground mining activity in our area. The Borough may submit written comments to the DEP about the proposed application within thirty days after the last date of the newspaper publication. Comments will be reviewed and considered by the Department of Environmental Protection before making any decision on the application. Complete copies of the application are available in the CountyOffice of the Recorder of Deeds and the California District Office. The Borough may request and informal public conference to be held in the area. The purpose of this conference is to give the residents an opportunity to provide relevant information about the application. The DEP enclosed a fact sheet on methane gas which is commonly associated with coal mining

Council asked Attorney Rullo to schedule a meeting with Tim Phillips from P.B.S. Coals.

Miscoe made a motion to authorize Attorney Rullo to send a letter to the Department of Environmental Protection requesting the informal public conference. Bozovich seconded the motion. All ayes, motion carried.

C.Somerset County EMA-2007 Pandemic Influenza Planning Conference – The Somerset County EMA will be holding a Pandemic Influenza Planning Conference on Tuesday, July 24th at the Quality Inn in Somerset. There is no cost to attend. Barry Lichty will attend the Pandemic Conference.

7.Committee Reports:

A.Public Works:

1.Water Tank Painting-Proposal for Engineering Services – Miscoe made a motion to accept the engineering proposal from Hatch Mott MacDonald for the Cherry Lane Water Tank painting project for an amount not to exceed $4,900.00 and to authorize the Borough Manager to advertise for bids. Bozovich seconded the motion. All ayes, motion carried.

B.PoliceReport:

1.Increasing the Number of Secondary Powered and Non-Powered Boat Licenses – Bozovich made a motionto allow 4 additional secondary powered boat licenses (285 to 289) and allow 10 additional secondary non-powered boat licenses (325 to 335). Miscoe seconded the motion. 4-ayes and 1-naye. Motion carried.

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2.Police Protection to the Flight 93 Memorial – Attorney Rullo informed Council that Patrick White, the attorney for the families of Flight 93, have approached him about the possibility of entering into an agreement with the Borough to provide police protection at the proposed Flight 93 Memorial crash site. Should the Borough decide to enter into an agreement with the families of Flight 93, the Borough would also need to enter into an intermunicipal agreement with StonycreekTownship in order to have police powers within the municipal limits of StonycreekTownship as it pertains to the jurisdiction of policing and providing security for the crash site.

Council requested that Attorney Rullo and Barry Lichty meet with Patrick White and the Flight 93 Task Force to discuss what they actually are looking for and if it is in the best interest of the Borough to negotiate an agreement.

Attorney Rullo disclosed that he was appointed by the Somerset County Commissioners to be on the Flight 93 Task Force and is on the executive committee and has been active since September 12, 2001.

C.Personnel Report:

1.Employee Health Insurance Renewal Rates - Walters made a motion to accept the renewal rate quotation from UPMC for option EPO5 for the employee health plan benefits for 2007-2008. Miscoe seconded the motion. All ayes, motion carried.

D.Sewer Report:

1.Modification to Agreement with St. Clair Resort Development to Sell Sewage Taps – Miscoe made a motion to authorize Attorney Rullo to re-draft the agreement with St. Clair Resort Development to reflect the appropriate number of sewage taps that are available. Bozovich seconded the motion. 4 ayes, 1 abstention. St. Clair filed the abstention memorandum with the Borough Secretary.

2.Pine Cove Sewage Planning Module Application – Walters made a motion to refuse any request for ownership of a sewage system or any ownership responsibility. McCauley seconded the motion. 4 ayes, 1 abstention. St. Clair filed the abstention memorandum with the Borough Secretary.

E.Zoning Report:

1.June Report of Building Permits Issued – Manager provided each council member with the June Building Permit Report.

2.Dennis Markferding-Completion of Breezeway – Attorney Rullo received a letter from Dennis Markferdingstating that he won’t be able to meet the July 31, 2007 deadline due to the inclement weather in April and May. Mr. Markferding expects this project to be completed no later than August 25, 2007. Miscoe made a motion to grant an extension for the completion of the breezeway to August 25, 2007. Bozovich seconded the motion. All ayes, motion carried.

8.Old Business:

9.New Business:

A.Planning Commission Members Meeting Attendance – Miscoe made a motion to authorize Attorney Rullo to send a letter to Jeff Griffith notifying him that he may be removed from office by majority vote of Council for his failure to attend meetings and to actively participate in the planning processes. A letter should also be sent to Charles Fox, Jr. inquiring as to whether or not he wishes to continue to serve on the Commission, due to his lack of attendance at the monthly meetings. Walters seconded the motion. All ayes, motion carried.

B.Grouting of Pillars – Council requested that the Borough Manager solicit quotes for the grouting of the pillars on Indian Lake Drive.

At 8:58 P.M. an Executive Session was held to discuss potential litigation.

At 9:58 P.M. Council returned to Regular Session.

Tunica Subdivision - The Indian Lake Borough Planning Commission gave approval for the Tunica subdivision. The Borough acted upon that and granted a building permit. The ratification of the permit is to recognize what has been in place and acknowledge the permissive use. Miscoe made a motion to ratify the issuance of Tunica Building Permit which was issued September 5, 2006. Walters seconded the motion. 4 ayes, 1 abstention. St. Clair filed the abstention memorandum with the Borough Secretary.

With no further business to discuss, Waltersmoved and McCauley seconded to adjourn the meeting at 10:06P.M. All ayes, motion carried.

A special meeting of the Indian Lake Borough Council will be held on July 20, 2007 at 6:00 P.M. at the Indian Lake Borough Building.

Respectfully submitted,

Theresa L. Weyant

Borough Manager

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