Regular Meeting of California Borough Council, February 9, 2012at 6:30 pm

CALL TO ORDER:President Jon Bittner called the meeting to order at 6:35 pm

ATTENDANCE: Mr. Alfano, Mr. Bittner, Mr. Difilippo, Mr. Encapera, Mr. Glab, Mrs. Gutosky, Mr. Mariscotti, and Mayor Durdines

ABSENT:

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

CHANGES/ADDITIONS TO AGENDA:

Mr. Difilippo – added Right of Way for Sewer Line

Mr. Mariscotti – added Salt Contract & Pesticide updates

Mayor Durdines – added appointment for the Vacancy Board

PUBLIC COMMENT

ADOPTION OF MINUTES

Motion by Glab/Difilippo to adopt the minutes of the January 3, 2012 Reorganization meeting duly carried with all members present stating aye.

Motion by Glab/Difilippo to adopt the minutes of the January 12, 2012 Regular meeting duly carried with all members present stating aye.

TREASURERS REPORT – MS. EVANS

Ms. Evans read the accounts payable and accounts balances forJanuary 31, 2012.

PRESIDENTS REPORT – MR. BITTNER

EXECUTIVE SESSION

Mr. Bittner stated the executive session held last week after the committee meeting was on legal matters.

ADOPT 2012 REVISED GENERAL FUND BUDGET

Motion by Glab/Gutosky to adopt the revised 2012 General Fund Budget with the income being $1,421,468.00 and expenses are balanced at $1,421,468.00duly carried on a roll call vote with all members present voting yes.

ADOPT ORDINANCE #530

Motion by Difilippo/Alfano to adopt Ordinance #530 pertaining to the Local Service Tax duly carried on a roll call vote with all members present voting yes.

PAYMENT OF COMPUTER NETWORK AGREEMENT

Mr. Bittner stated when we made the motion at the last meeting we neglected to state in the motion that we want half of that paid from the sewer fund.

Motion by Difilippo/Gutosky to pay half of the network service agreement from the sewer fund duly carried on a roll call vote with all members present voting yes.

STREETSCAPE UPDATE

Mr. Bittner stated the Streetscape update concerns the problem with the lighting plan and he hasn’t heard anymore from Penndot so evidently that was satisfied with the engineer and hopefully that will go out for bid early spring with a completion of early fall if everything goes accordingly.

TRICOUNTY BOROUGH ASSOCIATION MEETING

Mr. Bittner announced that California Borough along with Coal Center Borough next Thursday at 7:00 is hosting the meeting at the Christian Church and he hopes that all council and employees tries to attend.

KEYS AND LOCKSFORBOROUGHBUILDING

Mr. Bittner stated we need a little more research before we bring that for a decision so we’ll do that next month after a little more research is done.

COMPUTER SYSTEM UPDATE

We requested from Response computer a quote on some computers and as soon as it comes in Shirley will make copies and put them in your packets.

PUBLIC HOUSING REPORT - MR. ALFANO

ZONING REPORT

Mr. Alfano stated Code Enforcement has investigated 8 debris complaints and a continual weed and grass complaint from November, 4 dilapidated structure complaints, and 7 sidewalk repairs in addition to the numerous other ones that they are following up and there is substantial follow up from all of these in the past making sure that they get done. These guys are on top of the Code Enforcement part of it.

ASSISTANT ZONING OFFICER

Mr. Alfano stated council approved the hiring of a an Assistant Zoning Officer and he is wondering what we should do at this point since there is some issues with this gentleman taking this position, if we should just withdraw that motion for the time being. Mr. Melenyzer stated that council wanted to get a zoning officer so you need advertise for that and your assistant zoning officer you can either table it until later when you get a zoning officer or you can act on it now if you think you have the right person to fill that position. Mr. Alfano stated he doesn’t have the certifications that we need. Mr. Alfano stated at this time he will make the motion to table the hiring of our Assistant Zoning Officer for California Borough, Shannon Kratzer. Mr. Mariscotti stated he thought his driver’s license was the issue. Mr. Melenyzer stated so you already hired somebody and that individual doesn’t qualify then you rescind that motion and look for someone is does qualify.

Motion by Gutosky/Alfano to rescind the motion hiring the Assistant Zoning Officer, Shannon Kratzer duly carried on a roll call vote with all members present voting yes.

Under discussion Mr. Mariscotti stated the issue is his drivers license not his certifications. Mr. Melenyzer stated he doesn’t have a driver’s license. Mr. Mariscotti stated he currently does but may lose it. Mr. Melenyzer stated he doesn’t know much about it but he got a DUI and he’s going to lose his license. Mayor stated we are all trying to make an effort to not say certain things. Mr. Melenyzer stated he’s sure they were but it is what it is. Mayor stated he thinks we should show respect for people and the guy does a good job. Mr. Melenyzer asked has he been arrested and has he been charged with a DUI is that factual and it is so we are just stating what the truth is. Mr. Melenyzer stated he doesn’t even know the guy but if he is going to lose his license then he certainly cannot be a zoning officer within this municipality. Mayor stated you understand the point he was trying to make so let’s not talk about it anymore and roll along through the agenda.

TURNER SUBDIVISION APPROVAL

Motion by Alfano/Mariscotti to approve the Turner subdivision duly carried on a roll call vote with all members present voting yes.

NEW PRINTER FOR THE ZONING OFFICE

Mr. Alfano stated he is going to get costs on a new printer for the Zoning Office because that printer does not work anymore. Mr. Bittner asked that since we are getting a quote from the computer people could we hold off and if it goes down completely we can share with one of the other printers.

PUBLIC WORKS REPORT – MR. MARISCOTTI

STREET DEPT. UPDATE

Mr. Mariscotti stated they are plowing and salting as needed, patching potholes, and cleaning out catch basins. We have 20 ton 2A, 20 tons 2B, 9 ton of cold patch, and 120 of rock salt, 250 gallons of diesel fuel and 15 ton of anti skid in stock.

PAVING PROJECTS FOR 2012

Mr. Mariscotti stated that he and Jeff have been laying out the paving projects for this year and Jeff will be contacting Stephanie Whitlach now that a couple of roads have been chosen. They would like to pave the intersection of Chalfont and Cross Ridge. That road was maintained and built by the dirt & gravel program and in order to maintain that we need to put some sort of hard coating on top and it is time to hard surface it. So we will work with Stephanie Whitlach to get those bids together and send them out.

CROSS DRAINS

There are cross drains that need to be put in and there has been money appropriated by the dirt and gravel program and there are still some that need to be put in on the East side of Chalfont. We need permission from the landowners to drain some water on to their property. Mr. Melenyzer asked if we were putting in cross drains in new locations as compared to putting them in same locations and replacing ones that have been used before. Mr. Mariscotti believes we are doing both. Mr. Melenyzer stated for those that have been there before you don’t need permission from the landowner, those have existed before and you are replacing them. Mr. Mariscotti stated his understanding is there was some new ones that need to go in and can we send them a letter to request that. Mr. Melenyzer stated yes but he doesn’t know where the locations are or who to send the letter to. Mr. Mariscotti stated he will get that information to him and go from there.

TAR & CHIP BLAINE ROAD

Mr. Mariscotti stated at some time this year they would like to tar & chip Blaine Road and do a surface over there and they will choose in the very near future another street to pave in town.

KALLURAN STREETDRAIN

Mr. Mariscotti stated Jeff has been working on a storm drain at Kalluran with some piping to go to another catch basin on Harris St. There has been a water issue up there fro some time.

STREET SWEEPER

Mr. Mariscotti stated they have been asking for prices and quotes and everything seems to be coming together on the street sweeper. As of 10 minutes ago we finally got a final price on the sweeper that they’ve chosen. They are still debating between an Elgin and a Timko. They are both regenerative air sweepers and council has all the information in their packets. The one that he and Jeff are recommending is the Elgin Crosswind and it has a freightliner chassis and the final cost with everything is $187,451.00. That price just came in so that wasn’t in your packets. They’ve put a lot of research into this over the past couple of weeks to get these bids in with final costs. He would like to enter into this tonight and make a motion but he doesn’t know that they have all the financing information worked out. Mr. Bittner asked Jeff Tuday if that was under the Costars program and Mr. Tuday affirmed that it was. Mr. Bittner asked Mrs. Gutosky is she has looked over financing for this yet and she has not. Mr. Bittner advised council that this has been discussed but it has never been stated where the money is coming from to pay for it and he knows Mrs. Gutosky as chair of the finance committee would like to know where they are funding this from. Mr. Mariscotti stated he has some but needs clarification on them. Mr. Brower explained a little further the financing presented by Dollar Bank. Mr. Mariscotti stated any questions please let him know and he will get the answers for them. He also asked council to keep in mind that once the machine is ordered it will take between 2 and 3 months to be built but they will give us a loaner machine in the meantime.

LTAP TRAINING – JEFF TUDAY AND ROAD CREW

Mr. Mariscotti stated there will be an LTAP on February 22, 2012with no cost. Mr. Tuday asked that all four of the Street Dept. employees can go.

Motion by Mariscotti/Glab to send the 4 street dept. employees to the LTAP training on February 22, 2012 in North Strabane at no cost to the borough duly carried with all members present stating aye.

PESTICIDE UPDATE CLASSES

Mr. Mariscotti stated that Jeff needs to go and get updates for the pesticide license and that is $5.00 payable at the door on Feb. 15, 2012 from 1:00 – 3:00 pm in Washington.

Motion by Difilippo/Alfano to send Jeff to pesticide update training duly carried on a roll call vote with all members present voting yes.

SODIUM CHLORIDE ROAD CONTRACT 2012-2013

Mr. Mariscotti stated we need to submit a contract participation agreement from to DGS Costars and the deadline is March 15th. Mr. Alfano asked since we’re having a mild winter if we don’t use all the salt that we contracted to purchase we still have to purchase a percentage of it and store it. Mr. Tuday stated you have to buy 60% of your contract amount. Mr. Alfano asked how close we are now. Mr. Tuday stated we are about 140 ton short of our amount. Mr. Mariscotti stated we still have all of February and March to go yet. Mr. Glab asked if by submitting that agreement does that obligate us to make a purchase or does that make them aware that we are interested in participating. Mayor stated if you are submitting that you are approving the contract so you need to have a motion to do that. Mr. Alfano stated we don’t put in any certain amount right now. Mayor stated he’s pretty sure you have to put in your requested amount. Mr. Mariscotti stated this is just to participate.

Motion by Mariscotti/Glab to submit the participation agreement for the 2012-2013 Salt program duly carried on a roll call vote with all members present voting yes.

PUBLIC SAFETY REPORT – MR. GLAB & MR. ENCAPERA

Mr. Glab stated the only issues will be covered under the Mayors report

FINANCE REPORT – MRS. GUTOSKY

Motion by Gutosky/Encapera to pay the bills duly carried on a roll call vote with all members present voting yes.

Mr. Bittner stated that Mrs. Gutosky realized after reviewing the water bills that the meter size here at the borough building was a larger meter than what is needed and we were paying a tremendous amount of money for the gallons of water coming into the building so we could have a possible savings of $1,000.00 per year. He thanked her for picking up on that and that will save us some money.

PUBLIC HEALTH – MR. DIFILIPPO

REMOVAL OF PROPANE TANK

Mr. Difilippo stated there is an old propane tank at the Malden Generator project site and it may be hazardous and needs to be removed. The company that is removing it is CGI International.

Motion by Difilippo/Mariscotti to have CGI International remove and dispose of the propane tank from the Malden Generator site duly carried on a roll call vote with all members present voting yes.

HIXON RIGHT OF WAY

Mr. Difilippo stated we need a right away for the extension of the sewer line on Knob Rd. and it has been negotiated at a price of $1,250.00.

Motion by Difilippo/Encapera to pay $1,250.00 for the right-of-way agreement duly carried on a roll call vote with all members present voting yes.

TAP IN VIOLATIONS

Mr. Difilippo stated that there are some people that have not paid the tap in fee and/or been inspected. Some people have made an effort to contact the borough but others have not responded at all and he believes we are past the limit and he would like the solicitor to handle this.

Motion by Difilippo/Alfano to authorize the Solicitor to handle the people that have not responded yet to the tap in requirements duly carried on a roll call vote with all members present voting yes.

Under discussion Mr. Bittner explained that he and Ms. Evans have been working with some folks who have been delayed. Those folks are still being charged the debt service fee and the line service fee. We could charge them the entire fee but chose not to do that at this time. We’ll have to sit down with the solicitor and go over the list.

PERSONNEL – MR. ENCAPERA & MR. GLAB

SOLICITORS FEE & RETAINER

Mr. Encapera stated we need to set the hourly rate & retainer for the solicitor. It was discussed and we will go with the same rate we have currently been paying our solicitor.

Motion by Encapera/Difilippo to pay the Solicitor the same rate as we were currently paying duly carried on a roll call vote with all members present voting yes.

Motion by Glab/Difilippo to pay a retainer fee of $200.00 per month to attend all regular meetings of council duly carried on a roll call vote with all members present voting yes.

MAYOR’S REPORT – MR. DURDINES

Mayor stated that Chief is not in attendance at the meeting but he is in the building and monitoring prisoners to free up the duty officer to continue to patrol.

PURCHASE POLICE UNIFORMS

Mayor stated new uniforms were discussed several times and finally got a firm number and a sample uniform is on the table. The quote is $6,223.64 and that includes one pair of pants, 1 short sleeve shirt and 1 long sleeve shirt for every part time officer in the department and 2 pants, 3 long sleeve shirts, and 3 short sleeve shirts for all the full time officers in the department. It also includes neck ties, 6 rain coats, name bars, badges, and caps. He asked council to approve the purchase of new uniforms for the police department in the amount of $6,223.64. Motion by Difilippo/Mariscotti to approve the purchase of new uniforms for the police department in the amount of $6,223.64.

Under discussion Mr. Glab asked if that price includes sewing of the patches onto the uniforms and we provide the patches. Mayor Durdines stated yes it does as long as we provide the patch. Mr. Glab stated also these uniforms are significantly cheaper than the current uniforms that we have. Mayor Durdines added yes it is approximately $15.00 cheaper per shirt and pants compared to the uniform that we currently use. This also seems to be a more durable fabric and it is made from 100% recycled fibers so we are trying to go green. Mr. Glab asked if the union signed the MOU for the purchase. Mayor stated he doesn’t know if they have signed it but it is what was agreed upon.

Motion by Difilippo/Mariscotti to approve the purchase of new uniforms for the police department in the amount of $6,223.64 duly carried on a roll call vote with all members present voting yes.

PROBATIONARY PERIOD EXPIRING FOR OFFICER’S SHULTZ & CHILDS

Mayor stated the probationary periods for Officer Shultz and Officer Childs is coming up and you should all have a memo from the Chief of Police regarding their job performance and he concludes by recommending that we retain both of those individuals and Mayor stated that he whole heartedly agrees with the Chief of Police and retain Officer Shultz and Officer Childs as full time police officers for the Borough of California