May 22, 2001 by 061gz5Ab


									Regular Meeting of Council, California Borough, November 13, 2008, California
Municipal Building, 225 Third Street, 6:30 P.M.

President Bittner called the meeting to order.

PRESENT: John Difilippo, President Jon Bittner, Vicki Gallo, Shelly Roberts, Walter
Weld, Sheila Chambers, Mayor Casey Durdines
ABSENT: Julie Gallo-Junior Councilperson

A moment of silent prayer to remember Mr. Mariscotti and his family was followed by
the Pledge of Allegiance.

Mayor Durdines – Add two announcements
Mr. Weld - Add - approval to look into a used skid steer for the street department
Mr.Bittner - There was a problem this afternoon on a ruling whether Council could
interview in executive session. Since all five people that expressed interest in Council
were in attendance they would be asked to come to the microphone to do their interviews.
The agenda would stand approved as printed and amended.

Difilippo/Weld motion to approve the minutes of the Special Meeting of October 2, 2008
duly carried.
Weld/Chambers motion to approve the minutes of the Regular Meeting of October 9,
2008 duly carried.
Chambers/Roberts motion to approve the minutes of the Continued Meeting of October
17, 2008 duly carried.

There were no public comments on the agenda.

Ms. Pfrogner read the accounts balance and accounts payable as of October 31, 2008.
Difilippo/Gallo motion to accept Secretary/Treasurer’s report duly carried.

President Bittner turned the meeting over the Mayor Durdines.

Mayor Durdines read a letter from the Department of Public Safety, California University
regarding Officer Dorcon’s stellar performance and heroic efforts as a police officer
during a crisis situation. On behalf of the California Police Department, the Borough of
California and the citizens of California, Mayor Durdines commended Officer Dorcon on
his heroic actions on September 22, 2008 in which he was able to rescue a woman from a
burning structure. This was not the first time that he has distinguished himself while
serving the citizens of California. Earlier this year he talked an individual out of taking
their own life. Mayor Durdines thanked Officer Dorcon for the excellent work he does in
keeping the citizens of this Borough safe. Officer Dorcons thanked everyone and was
glad he could be of help.

Stefanie Chitester of Brownsville Area Revitalization Corp. spoke about a project starting
in Brownsville, to do a water trail map, which is a map of river access points and
amenities produced for river users. The Fishing Boat Commission designates these routes
in coordination with a local community group who agrees to manage the trail. The area of
the Mon River covered is from Maxwell to McKeesport and that would meet up with the
lower Mon Trail that is part of the Three Rivers Trail and then at Maxwell it would meet
with the upper Mon River Water Trail. The water trail map is an easy project and
inexpensive to implement. The benefit of water trail development is it would increase
recreational use of the river by tourists and local citizens and will promote awareness of
river conservation and safety issues. The Fishing Board Commission will distribute the
maps across the eastern U.S. free of charge. She is here tonight to ask for the Borough’s
official support and ask that at least one person from California Borough be named to the
steering committee. She also invited the public to participate. Mrs. Chambers asked if
the name could be forwarded to her, which could be done. The Mayor had been working
with them but due to his work schedule could not be there all the time so he asked that
someone else at least share the responsibility of working on this project.
President Bittner reported the executive session dealt with legal matters and turned the
meeting over to Mr. Melenyzer. Mr. Melenyzer stated there were several legal matters
that had to be discussed and could not be discussed in public because they are legal issues
and that could impact on any further actions somebody might take against the Borough.

Mr. Maddiex
Mrs. Chambers asked Mr. Maddiex what his vision for the community three years from
now is. Mr. Maddiex would like to hold the line on taxes, get Ms. Robert’s Kalamazoo
Project underway, if the University continues to expand to gain control of the noise and
various pollutions and bring this happily to co-existence. He sees great future for the
Borough. He would take Council, the University, School District, Recreation Authority to
work with elected officials to help everything along getting grants, working with the
Mayor, police department. If everyone could work together good things would come,
also civic organizations, churchs, Rotary, Optimist Club, etc. Mayor Durdiens asked why
he is interested in the position. Mr. Maddiex stated he likes to serve. He served on the
Planning commission, served as an alternate on the zoning hearing board and was elected
to Council for the 2004-2007 term and he feels he could still be a use to this community.

Mr. Hilty
Mr. Hilty felt he may be able to help, he has twenty years in the construction industry.
He did industrial mine, bridge and road work. He worked with UMW and the United
Steel Workers of American Unions and the Corp of Engineers. He worked in contracting
doing the bid, planing and building many projects. He worked on multiple projects
including sewage plants. The Monongahela expansion and Redstone Township being the
two closest projects. He served as quality control for the Rices Landing Bridge working
with the Army Corp of Engineers and PennDot. He worked in human resources for a
company with three hundred eighty five employees. He was safety director at the time he
attended West Virginia University. He is certified to teach OSHA Safety Classes. For the
last nine years he has worked in real estate. He owns three properties in California. He
has only missed one or two meetings open to the public in the last year. Mrs. Chambers
asked what his vision for the community is and how he might obtain it. Mr. Hitly feels
the sewage project is a major project that needs to be addressed. There is a lot of ground
that could be developed and resolve some of these issues the Borough has with housing
and he thinks that is a very important issue that needs to be addressed. He would like to
open up some new ground and would like that to be the main function. It is a key issue
for him. The college needs to be addressed and see if the Borough and college could
work together. Those are his two key issues. Mrs. Gallo asked if his interest in Council
would effect him personally and if he would be able to divide the two and do what is best
for the community. Mr. Hilty asked if that was asked because he owns property. She just
worries about anyone who would have personal. Mr. Hilty stated regarding his rental
property, he rents to single families up on the hill and he trying to conform to what is
trying to be done up there to make that community stay the way that it is. He went out of
his way to buy those properties and turn them into rentals for single families. He does
have a lot of the same vision for up there and does not see why he would have any
problems separating his private life with anything that was on Council.

Mr. Mariscotti
Mr. Mariscotti did not think there should be a separation between his private life and his
business. His business is his life. Mrs. Gallo stated private life’s business and Borough
business because if you make decisions based on putting money in your pocket and it is
going to hurt the community it is unethical and people start talking about it and that is a
concern of hers. Mr. Mariscotti understood her point but what he stated is everything he
does in business directly involves his personal life so for him business and personal there
is no separation. As far as Council, he wants to do what is best for the town because that
directly affects his business and his personal life. He wants better communication
between Council, the college and the school district and as of last week’s meeting, better
communication between Council. If he gets this position the first thing he wants to
accomplish is better communication between the seven Council members and the Mayor.

Mrs. Gutosky
Mrs. Gutosky was born in California Borough and raised in Malden. She and her
husband have lived in California Borough since 1982, own property and raised a family
in California Borough. She is a speech pathologist, worked for the Uniontown School
District, has a bachelor and master’s degree from California University. Their
grandchildren live in this Borough. She is concerned about the direction of the Borough
for their future. Her children own property in this Borough. She feels that she can bring
some common sense to the Borough as far as issues she seen brought across this desk.
She comes to all of the Borough meetings and work sessions. She feels like she has a
handle on some of the things going on. There is more to this Borough than just Wood and
Third Streets. She thinks the Borough needs to work in one accord, needs to get some
values that are for the good of the Borough for the good of the community, not self
serving. Families are very, very important, having families in the Borough and addressing
their needs, not only families with children but families that have elderly. Council needs
to stand up for what is right and have better communication amongst themselves and the
community. There has to be a better working relationship with the university. The
university is here to stay and the Borough had better learn to take advantage of their
presence here. It is really an asset and the Borough needs to capitalize on it.

Mr. Alfano
Mr. Alfano submitted a letter where he and Mr. Mariscotti had a conversation and Mr.
Alfano would support him for the position if he desired to have it. He has had the luxury
of serving for eight year and he thinks everyone should have a chance to serve. He would
yield to Mr. Mariscotti if that would be Council’s decision. He Council to know that he
is available for public service. He does take offense to the inference that any of these
candidates have a personal agenda. Everyone sitting on Council has a personal agenda or
they would not have run. They had something that they wanted to see happen that may
have been outside of the interest or the best interest of the town. He works in an industry
that runs on the code of ethics and he does not want anybody to think that he could not
separate his business from his straight thinking for what is the best for the Borough.

Mr. Bittner felt it very helpful for the community to have five applicants wanting to fill
this position. He was very happy to see that interest and thinks that is health whether it is
a special election like this or the regular election that is coming up in 2009. The more
people willing to help the community, gives the people a selection to pick from. He is
glad this is taking place. Mrs. Chambers added for those who do not get it, please do not
go away. Please consider running next year. The Borough needs this input, please keep
packing the room like this. Council appreciates everything and communication is a two
way street between the community and Council.

Weld/Difilippo motion to nominate Tony Mariscotti to fill Mr. Mariscotti’s seat on
Council. On a roll call vote motion carried with all members voting yes.
Mayor Durdines administered Mr. Mariscotti the oath of office.

A budget workshop was set for Thursday, November 20, 2008 at 6:00 P.M.

Mr. Bittner and Ms. Pfrogner were looking at the calendar and do not feel a continued
meeting would be needed to adopt the proposed budget. It is hoped to adopt the budget at
the December 11th meeting, which would then let Council do the final approval of it on
December 30th. There would have to be a continued meeting on December 30th to
approve the final budget. The tentative budget would be adopted on December 11th with
the final approval of the budget on December 30th.

Resolution No. 08-107 is to apply for the Washington County Local Share Account
Program, the gaming money. Whereas, the Council of the Borough of California after
assessing the needs of the Community desires to request funding through the 2009-1010
Local Share Account Program. Whereas, the Council of the Borough of California has
agreed to apply for the local share account in the amount of $200,000 for the acquisition,
demolition and revitalization of property located at 311-313 Third Street also known as
the Hollywood Theater. This property may further be identified as parcel no. 080-008-
00-03-0002-00. Whereas, it is the also agreed by the Borough of California to use the
2009 Community Development Block Grant Funding in the amount of $139,750 as
matching fund in the Local Share Account application. Now therefore let it be resolved
that the Council of the Borough of California at the regular meeting held November 13,
2008 supports the request for funding from the Washington County Local Share Account
Program for fiscal year 2009-2010. Chambers/Difilippo motion to approve Resolution
No. 08-107 duly carried.

Resolution 08-108, whereas PennDot and the Borough of California agree to use the
dotGrants System to file the Liquid Fuels forms annually; including but not limited to,
the MS-965, MS-329 and MS-999. Now therefore, it is resolved by the Borough of
California the President of Council be the First Municipal Official who will sign the
EALA and the Secretary/Treasurer as the Second Municipal Official who will sign the
EALA and are authorized to execute all documents necessary to effect such an
agreement, including to, an Electronic Access License Agreement (EALA) on behalf of
the municipality. Weld/Roberts motion to approve Resolution No. 08-108.

LIGHT-UP NIGHT – 12/5/08 – COUNCIL CHAMBERS – 6:00-8:00 P.M.
Light-up Night will be November December 5, 2008 in Council Chambers from 6:00
P.M. to 8:00 P.M. sponsored by California Recreation.

Mrs. Chambers stated the request from the residents of Liberty Towers is regarding the
decision on the Silver Line Bus, she thought it was the Cal U bus that had been asked not
to go there. She asked why a smaller one could not be used. Mr. Bittner asked them.
They stated with the ridership, they have they need the larger bus. Mr. Bittner explained
that an area of Liberty Street has deteriorated, it was fixed by the street department and it
deteriorated again. A piece of equipment was in town doing work for the sewage was
used to fix that. It was expensive to have done. That area was cut out, rebuilt and filled in
with black top. Mr. Vitchoff asked Mr. Bittner to ask Mon Valley Transit Authority if
they could reroute the bus because the bus traveling over that was causing a problem. He
contacted the engineer, who felt that this patch would deteriorate again if the bus
continued running over it. The options are that the Borough could continue fixing that
every year. If it were to be fixed correctly it would be $100,000 to make Liberty Street
concrete from the top to bottom so it was decided to ask Mon Valley Transit Authority to
change the route of the bus. The Transit Authority could accommodate that by moving
the bus stop down to the corner of Fifth and Liberty, approximately 120 feet more than
coming out the front door of Liberty Towers. They have some bus stops in the Valley
that required people to walk that far. A bus that stops there every Monday and they have
never had any complaints about anyone having to get on that bus. The secretary at
Liberty Towers contacted Mr. Vitchoff and told him that the people did not want to stand
in the cold. He suggested that they could put up a mirror so they could stand inside until
the bus pulls in. That was also a solution that was granted. This is why the bus was asked
not to use that street. After investing several thousand dollars, that was the second time it
was fixed and if the bus could go on another route that would save the Borough from
continually having to repair that street. Mrs. Chambers suggested the residents of Liberty
Tower could call the Transit Authority and ask them to send a van or a smaller bus. The
Borough has no money for the streets anymore. When the price of gasoline soared,
people stopped driving as much, which directly effects the Liquid Fuels reimbursement.
She believes it is going to get worse and the Borough does not have an extra $100,000 to
fix that street. Ms. Roberts asked if the main entrance to Liberty Towers is on Liberty
Street and if there is any way they could exit on Fifth Street. They could not. They have
to come out of the front door. Mr. Weld asked if they have been asked if a smaller bus
could be run. Mr. Bittner asked that and it was indicated to him that the large bus would
have to be the one runs there. Ms. Roberts asked if there is a van available. Mrs. Gallo
asked if the owner of Liberty Towers would be willing to do anything for their residents.
Mr. Bittner stated that is Redevelopment. They stated maybe, they could do something
and he never heard back. Mr. Weld stated the bad thing is the bus comes down the hill,
there is all that weight, they are putting their brakes on and thumping the road. Mr.
Bittner stated the black top patch is right over the knuckle when they start down the steep
part of the road. Mayor Durdines asked why a heated bus shelter could not be put in. Mr.
Bittner stated there was a second bus shelter the Borough could have had. The Mayor
stated that was just the standard shelter. Mr. Bittner felt that cold be pursued. He would
contact the Transit Authority and Redevelopment tomorrow and try to get an effort
started. The Mayor stated that still does not solve the issue of the distance they have to
walk. Mrs. Chambers stated those two efforts would be proceeded with and get back on
how that is working out.
Difilippo/Roberts motion to accept Mr. Bittner’s report duly carried.
PUBLIC HEALTH – Mrs. Chambers
Mrs. Chamber read the sewage report for October 2008. Mrs. Roberts is working with
Cypher and Cyper to see how to get the dead accounts off of the books legally.

Fayette Engineers have prepared Requisition no. 6 for the PennVest loans in the amount
from W.G. Tomko for $16,199.55. Chambers/Roberts motion that PennVest loan
requisition no. 6 in the amount of $61,199.55 for W.G. Tomko be submitted. On a roll
call vote motion carried with all members voting yes.

Chambers/Weld motion that PennVest Requsition No. 7 be submitted to PennVest in the
amount of $131,895.90 for W.G. Tomko. On a roll call vote motion carried with all
members voting yes.

Council had given Fayette Engineering permission to go out for bid on the rebar that was
bought from Chivers. Ms. Pfrogner stated the Borough received one bid on the rebar.
Mr. Brower sent out about a dozen. Ms. Pfrogner read the bid from Chuboy Excavating
for rebar in the amount of $2,500. The certified check was enclosed. Mr. Bittner asked
Mr. Brower what he estimated that as. Mr. Brower stated $30,000 to $40,000 and felt this
should be tabled and looked at. Chambers/Weld motion to reject this bid duly carried.

Ms. Chambers gave an update on Wal-Mart. This is moving ahead. These things take
time. Council is looking at a rough agreement sent to the Borough from the developer
that involves the Borough engineer, Solicitor and Council. There are things that have to
be fined tuned in it and everybody would be brought up to date when that happens.
Difilippo/Roberts motion to accept Mrs. Chamber’s report duly carried.

Ms. Roberts would like to begin working on personnel policies. Recently some things
have occurred and she thinks if there were basic personnel policies in place, perhaps they
would not have happened. She would go to the Borough News Forum comments as
Council members go to this forum and ask questions and see if anyone else has personnel
policies that could be voted upon. She is also asking anyone with any ideas to submit
them and she would like to ask the employees too. Mayor Durdins could bring their
policy manual. Not all of it would be applicable. Ms. Roberts would like that. She would
try to get some others and feels the employees should have a little bit to say about some
of these. Initially, she just wanted to work on the zoning office. She is not talking about
any elaborate detailed thing, just basic policies and procedures. If the policies and
procedures were in place, some of these things may not have occurred. She would
appreciate any help she could get from anybody.

Ms. Roberts stated regarding the sound meter she is muzzled.
Weld/Chambers motion to approve Ms. Robert’s report duly carried.

Mrs. Gallo read the Animal Control Report for the month of October 2008.
Weld/Roberts motion to approve Mrs. Gallo’s report duly carried.

Mr. Weld asked the okay from Council to secure bids on a new skidsteer. This is a
smaller version of a front-end loader. There are several attachments for use with
hydraulic connections. It would be a very versatile piece of equipment for the Borough.
Mayor Durdines asked if that would be for next year’s budget. Mr. Weld stated unless a
steal could be found now. It is not a machine that would be used every day, so it would
be foolish to buy new. He and Mr. Vitchoff would look at used ones and get quotes.
Chambers/Gallo motion to approve Mr. Weld’s report duly carried.
Difilippo/Chambers motion to approve payment of the bills. On a roll call vote motion
carried with all members voting yes.
Chambers/Weld motion to accept the Finance Report duly carried.

Miss Gallo was absent this evening.

Mr. Brower submitted a written report.

The Mayor stated the Neighborhood Watch Meeting originally scheduled for Monday
was postponed to the November 17th, at 6:00 P.M. so the Chief of Police could attend.
He had a scheduling conflict for this Monday. The Mayor encouraged everybody to
come, residents, students, business people, everyone. There would be a power point
presentation and literature giving an overview of the program.

The brothers of the Phi Sygma Phi National Honors Fraternity at California University
are conducting a food drive for the Greater Pittsburgh Community Food Bank and are
requesting that everybody place non-perishable food in front of your home before 11:00
A.M. on Saturday, November 22, 2008. Mayor Durdines issued them a solicitation permit
so they should be properly identified.

Mayor Durdines reported that he met with the grant writers today. Everything was
wrapped up for that project and would be submitted tomorrow. They are asking for
approximately $200,000 for assessment money from the Environmental Assessment
Agency. He received a letter of support from the D.E.P. and they are supposed to get a
letter of support from California University. He has a copy of the grant proposal that he
could make available for Council to look at if they so choose to.
Difilippo/Gallo motion to approve the Mayor’s report duly carried.

SOLICITOR’S REPORT – Attorney Melenyzer
Solicitor Melenyzer had nothing to report tonight.

There was no old business.

There was no new business

Mr. Maddiex
Mr. Maddiex was disappointed that the handicap sign for voters was not out on election
day. Mayor Durdines stated that was an oversight. Mr. Maddiex asked Council to place
Mr. Mariscotti’s name on the monument in front of the library to honor Councilmen who
died in service. He asked that Council find another way to accommodate the people from
Liberty Towers. He knows there is a budget problem but these people are senior citizens.
Mr. Bittner stated he is going to be making some more contacts. Council is definitely not
forgetting. This is not being given up on.

Mrs. Urick
Mrs. Urick asked Council their decision on the change over on Zulu Street. She was
approached, given a very good offer and signed an agreement to go into this. She has
been before Council many times with frustrations. There is still a garbage situation since
June that has not been resolved. Council cannot do a noise ordinance, cannot get the
garbage situation straightened out. Nobody informed her they were going to put people
on Welfare in her neighborhood. Where was the impact study done on her, it wasn’t. If
the money comes through from this guy, the Borough is losing two people

Mr. Crumrine
Lou Crumrine, a representative of the Liberty Towers would like Council to reconsider
this, what is causing the problem up there, he understands the road condition is part but
many of the people use canes and walkers. They can get down to Fifth but cannot
navigate back up the hill. That is why they would like to get the bus once or twice a day,
where they could pick them up in the mornings and drop them off in the afternoons.
Some people go to the Center every day to get their meals and stuff like that. He would
like a definite 100% plan worked out with a smaller bus or let that bus come down that
hill at least twice a day to accommodate them. It is a hardship for some of them to get a
wheelchair up Liberty Street to the building. There is not another entrance. There is an
exit door at the end of the building that sets up on top of the hill. There are no sidewalks,
only an emergency exit door. Ms. Roberts asked if he considered contacting the
Washington County Redevelopment Authority. Mr. Crumrine stated their office has
contacted them. Ms. Roberts asked to see if they would have a meeting at his building
and talk with the residents. Mr. Crumrine stated when they contacted Redevelopment,
they stated it was not their problem. The garbage truck still comes down the hill. He has
told them that is one piece of equipment that you cannot stop. Mr. Bittner has seen those
buses coming through and never sees them loaded. He does not see why they could not
supply a smaller bus. Mr. Crumrine hopes that by Spring something could be worked out
between the Borough, the bus company and the University. He understands that bus did
not start coming down that way until after they built Jefferson. Mrs. Chambers would
like to request a representative from the bus company come to the Borough to talk with
them to see what could be accomplished. Mr. Bittner stated some of the drivers were
backing up to the Towers from Fifth Street but the safety person from the bus company
did not allow that. Mr. Bittner and Mrs. Chambers would try to resolve this problem.

Joe Augustine
Mr. Augustine worked for the Transit Authority and helped put the Silver Line together.
The person representing California on the Board of Directors for the Transit Authority
should bring this up to the board. Mr. Bittner stated that is Joe Dochinez. Mr. Augustine
stated the Silver Line was geared towards college students. Tuition money is paying for
that so Council needs to talk to the college to see if they could make the changes.

Janet Bateman
Mrs. Bateman stated an ordinance was just passed to protect the neighborhoods, residents
and families. Now a gentleman wants to buy some of the Borough residences and the idea
of the ordinance was trying to protect the neighborhoods when somebody wants to buy
more of them. She wanted to know if Council has any information whatsoever about
this. If this continues there would be no neighborhoods to protect. The speed on
Pennsylvania still exists, nothing has been done and somebody is going to get killed up
there. The Mayor assured her that a traffic shift is being run like he stated was going to
be run and the officer averages about twelve to fourteen traffic stops per shift but he is
not quite sure where she is sitting. Mrs. Bateman hears a lot of screeching of wheels. Mr.
Bittner stated there is a heavy police presence on Pennsylvania Avenue, Park Street and
Hickory Street. They are concentrating the traffic control there. It has made a difference
in a couple of neighborhoods because a couple of his neighbors have expressed that they
are thankful to see them up there and it has made a difference. As Mayor Durdines
expressed before, he is exploring the safe routes to school grant to try to put in an actual
sidewalk but the grant period is closed for this year so he cannot apply for that until next
year. So it would probably be two-year before the grant money is obtained but based on
the criteria he is fairly certain that the Borough would be eligible for that and have a good
chance at getting that. She asked if there is a garbage ordinance. If there is anybody that
enforces the garbage deal because it sets out for weeks at a time. From the time they pick
up the garbage, there is garbage right back out again and it makes the town look shabby.
She thinks a retired person with no benefits, by the time they went around and wrote
citations, they would make whatever money they made and the town would make even
more. She suggested that six months ago and has seen nothing on that.

James Goodwyn
Mr. Goodwyn lives on the corner of Ash and First Street. He started sinking money into
a home that his wife’s family has owned for eighty years and the sewer project was
started this year. There is nothing left down there, Tomko demolished the roads and they
damaged his property. Mr. Bittner stated that is the water company. Mr. Goodwyn
stated Tomko destroyed the road, the water company tore his sidewalk out, dug up his
yard, never gave him a notice that they were going to install a fire hydrant on his property
and there is a fire hydrant twenty-feet on the other side of the road. He is putting in a
new driveway, putting thousands of dollars in his home and the surrounding area has
deteriorated in six months time. He asked if there a timeframe when Tomko is going to
fix the roads, when is the sidewalk is going to be repaired or is it going to just fall apart.
Mr. Bittner stated that is the water company and they would be contacted tomorrow. Mr.
Goodwyn had to start driving his truck because he drug the exhaust on his car trying to
get out of the road. There are ruts over your ankles. Mr. Bittner stated that was the water
company because Tomko only came to the manhole. Mr. Goodwyn knows where Tomko
was because they ran a pipe, had sewage through his yard and across his sidewalks. If it
is going to deteriorate he has to make a decision whether his family are going to stay. He
understands the college kids living around him, that is part of life here. Mr. Bittner would
contact the water company tomorrow to see what their plans are.

Gene Knight
Mr. Knight has not heard an answer regarding the guy that is proposing building the
apartment building, a store, beer garden and a pizza shop. Is this allowed, is Council
going to stop it, has anything been discussed since last week? Mr. Bittner deferred him to
Mr. Melenyzer because of the possibility that the Borough could have a legal situation
taking place up there. Mr. Melenyzer stated there is insufficient information to render a
legal opinion. Until he has that he cannot and he would not. Mr. Knight understood that
but he stated that last week and thinks somebody should get the information to him. Mr.
Melenyzer stated he is making progress but the information is coming in slowly. Some
of the residents might have information that could be valuable and they could give it to
Mr. Large so it could ultimately feed to Mr. Melenyzer. He cannot from a legal
standpoint make any recommendations unless he knows all the facts.

John Hilty
Mr. Hilty read in the Focus that Booster Field and Phillipsburg School was sold to SAI
and the board of directors approved the purchase for $460,000. It has not been
determined conclusively how the property would be used. He was curious if they would
be able to put a 400-unit parking lot across from his house. He would think with the new
zoning that would be something that was not in the zoning. Ms. Roberts stated the
Borough has the same amount of information that he has. Mr. Hilty asked if that fits into
the zoning that it has been rezoned to. She has the same amount of information that he
has. Mr. Hilty stated the Borough just went through an extensive rezoning. Ms. Roberts
stated that depends on what… Mr. Hilty stated that is R-1 zone and he does not believe a
400-unit parking lot could be put in an R-1 zone. Ms. Roberts did not know. Mr. Hilty
stated before getting into a situation where you have a site plan for something that is not
going to come to fruition in the end and end up in a legal situation. They would have to
come to Council to get some type of permitting and he hopes that this would at least be
addressed as the Cross Street situation to stop this in an R-1, unless this Council has
given them this property to do that. Ms. Roberts stated that is not the Borough’s property
to give. Mr. Hilty congratulated Tony Mariscotti.

Audry Knight
Mrs. Knight asked if the Phillipsburg School property would be grandfathered into a use
that it has been or would they need a special exception to change that. Mr. Melenyzer
stated he would render a legal opinion but he needs the data. If he cannot get it he would
recommend an investigator be hired to find out what is going on. He cannot give an
opinion because he does not have all the facts. Mrs. Knight stated that seems to be the
answer the residents are getting for everything. Mr. Melenyzer stated that maybe she
should look to somebody besides the Solicitor. When the information is put on his desk
and he does not give an opinion on it then you could chastise him in public because he
would be wrong. Mr. Bittner stated tonight, he knows as much as Mr. Hilty just read out
of the paper. The school district is in the process of selling that building. It was in the
Observer Reporter this morning. They are going to Court to get permission to sell, he
guesses the school district has to bet permission to dispose of this property, get some kind
of court blessing. Other than that, what he read in the paper was the first time he was
aware of what they proposed to use it for. Mrs. Chambers asked school board members
and they told her they didn’t know. Mr. Bittner stated now that they have a proposed use
for that building, Council would at least give that to Mr. Melenyzer as a starting point and
he can work on that. Mr. Melenyzer stated one of the things, unless it is an emergency
situation, he usually requests a directive on the minutes from Council for him to do
anything. If it is an emergency situation in his opinion, he would do it and get ratification
from Council later on. Mrs. Knight mentioned it is not the university that is buying the
property, it is an independent corporation. Mr. Melenyzer stated her point is well taken
but again Council has to look behind what is going on. He has no idea, but could find
out. She would hope somebody would authorize him to do that. She then asked if it is
true that the Zulu Apartments has had the water shut off. Ms. Roberts stated yes. Mrs.
Knight asked why then are there people still living in there. Mrs. Chambers stated the
water company was called and they can do nothing for ten days. Nobody has complained
about that water being shut off, the water company stated they shut it off. Mr. Bittner
stated there is a time constraint on buildings with no utilities, the time is up on Tuesday
so Mr. Large could shut the building down on Tuesday. Weld/Gallo motion to authorize
Mr. Melenyzer as information becomes available to proceed with an opinion and
investigate the sale of Phillipsburg School and how it impacts an R-1 zone. On a roll call
vote motion carried with all members voting yes. Mr. Melenyzer stated when a letter is
received from an attorney it immediately becomes a legal issue which is under the statute,
his authority. Mr. Hilty did not feel the school is a legal issue, he does not feel there is a
legal problem at this point. They are talking about purchasing the property. He is asking
Council if they are going to be able to build a parking lot there. That has nothing to do
with a legal issue at this point, that is a zoning issue. Ms. Roberts had no idea because
she has seen no paperwork. The paperwork would have to be dated. Mr. Hilty stated the
Borough just went through a rezoning, you would surely have to know what that zoning
is there. Is it a permitted use there or not? Ms. Roberts could not give him an answer
until she sees the paperwork. Mr. Hilty thinks it is a bigger issue if Council does not
know whether or not that could be done after a $30,000 rezoning project for the last six
months. Ms. Roberts stated, again she needs to see the paperwork. She does not know
what they are doing. Mr. Hilty stated he is not asking that question. He is asking if a
parking lot is permitted in R-1 and that is not a legal question for Mr. Melenyzer and he
doesn’t need to answer that question. If they do not own the property yet how could a
legal ruling be made. Mr. Melenyzer stated somebody is coming to an end decision to do
something with the property that the Borough would love to know in advance where they
are headed. Mrs. Chambers stated the zoning has changed, but it would depend on the
date of the sale. Mr. Hilty stated he thinks the sale is just proposed. Mrs. Chambers
stated no one from the school district or SAI had come to Council. Mr. Hilty stated
supposed hypothetically that this property has been bought. Mrs. Chambers stated this is
not known and a bill of sale has not been seen. Mr. Hilty stated that is not his question
whether or not it has sold, his question is if it is, are they able to put in a 400-unit lot.
Mrs. Chambers stated that is all speculation. Mr. Hilty stated it was just talked about
Pennsylvania Avenue being a nightmare, if there is a 400-unit parking lot across Orchard
Street, Pennsylvania Avenue is not even going to exist. He would think that any plan for
a lot like that would require a traffic plan and different efforts from the Borough.

Russ Urick
Mr. Urick stated the person who could answer these questions is the zoning officer.
Apparently somebody is not doing their job, Council does not know what is going on.
The question was asked if the water was shut off from that building. If the water has
been shut off, it is a health hazard. He lives right across the street and with all this going
on there are still people living in there and it is going to be nothing but filth. Is anybody
going to go up there and check this? Are you going to say you cannot do that because it
is illegal? Where are his rights as a citizen to get things done? He and his wife have
complained for years about things up there. Somebody let the citizens know what is
going on.
Weld/Roberts motion to adjourn at 8:50 P.M. duly carried.

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