2 There is no gag order on this case by HC120807014858


									                                                    Borough of Jefferson Hills
                                                    Regular Meeting of Council
                                                    January 10, 2005

       The regular meeting of Council was called to order by President McFarland at 7:30 p.m.
in the Municipal Center, 925 Old Clairton Road. Following the Pledge of Allegiance, Mayor
Larcinese and Council Members Becker, Cmar, Kulish, Militzer, Oskin, Serapiglia and
McFarland answered to roll call. Borough Manager Clark, Engineer Omer, Solicitor LoPresti,
and Police Chief Maple were also present. Public Service Coordinator McVicker was absent.

         Joe Bryan, representative of American Clean Energy Systems, Inc. distributed
informational packets for Council and gave a presentation explaining his company is
commercializing military oil-based additive products for use in paving/road equipment. The
three products are: ACES II is used in diesel fuel.; ACES III is used in crankcase oil and
hydraulic oil.; and ACES IV is used in gasoline. These products will allow a piece of equipment
that utilizes hydraulic oil, crankcase oil, and some type of hydro carbon-fuel power, to meet the
Clean Air Act standards imposed in June 2006 and to save money. Following a discussion on the
companies currently and proposing to use the additives, Dr. Kulish and Mr. Militzer agreed to
meet with Mr. Bryan and see if these products could help the borough’s fleet.

        Joan Cleary, County Councilwoman from District 5, advised County Council passed
legislation to lower the row offices for consolidation. She agreed to talk to the Director of
County Public Works regarding the condition of county roads within Jefferson Hills. In response
to Mr. Oskin’s question regarding 911, she advised Jefferson Hills is up for discussion for
joining. She advised there is a public hearing tomorrow to possibly raise the 911 phone rate from
74¢ to $1. Ms. Omer was instructed to meet with Ms. Cleary to discuss the county roads. Mr.
Serapiglia asked where the 911 charge on all the borough residents’ phone bills, goes since the
borough is not in the County 911 program. Ms. Cleary replied it goes into the 911 Fund
according to state legislation. In response to Mr. Militzer’s question, Ms. Cleary advised the
county reassessments will go out late February or early March. She advised the county will go to
annual reassessments beginning in either 2008 or 2009. She reported she is going to a meeting on
Thursday and will address the problem of new homes not being added to the tax rolls.


        Ken Lee - 3040 Thomas Jefferson Drive - advised the street sign for Thomas Jefferson
Drive was damaged and requested it be corrected and show the full name of the street. He
reported according to a newspaper article, in a class of municipalities with under 10,000
residents, Jefferson Hills was one of the highest legal costs in Allegheny County. Following
Mr. Lee’s request, Mr. Serapiglia moved to put a cap on legal and engineering fees. Mr.
McFarland asked that Mr. Serapiglia reconsider as if the borough would be sued, we would be
unable to respond.. Mr. Serapiglia advised the borough, along with Gateway Engineers, is
trying to cut engineering costs by trying to hire a new employee that would have certification to
do building inspections and engineering inspections. Mr. Lee again asked Council to put a cap on
legal and engineering fees. Dr. Kulish stated Solicitor LoPresti charges $90 per hour, the same
rate since he was appointed Solicitor years ago. Dr. Kulish advised the borough could not put a
cap on fees when no one knows what will occur this year. Mr. McFarland reported the borough
has one of the highest rates of development and even the developer of Mr. Lee’s subdivision has
sued the borough numerous times, and if there was a cap, the borough would not have been able
to respond to the suits. He advised each bill is submitted monthly and approved for the work
Council has authorized. Motion died for lack of a second.

        Frank Sockman - 2213 Ridge Road - commented that Council, as public officials, should
not take comments from residents personally. He advised the sale of 1280 Gill Hall Road is still
an open issue as many residents are still upset by it. He reported at the November meeting,
Solicitor LoPresti stated Council purchased this property and did the remedial work because it
was an emergency, and Mr. Sockman asked him who decided it was an emergency. Solicitor
LoPresti replied the decision by Council to purchase the property was based on the fact that the
work on the landslide had to be done by a contractor who was scheduled to get onto the property.
Council took the position that since we were denied access onto the property by the
homeowners’ attorney, in order to get the construction crew onto the property, it was a far
cheaper way to buy the property and put the machinery on it, to preserve the value of the land
and to the townhouses below. Mr. Sockman reported he read the geotechnical and engineer
reports and in his opinion, they indicated it was not an emergency situation. He questioned why
the borough did not tell the owner to take us to court. Solicitor LoPresti replied the engineering
report indicated the cause of this landslide was a borough liability and responsibility. He stated
there have been other landslides in the borough that were not the borough’s responsibility, and
we have not taken any remedial actions other than goodwill gestures to help the homeowners
with those situations. Mr. Sockman suggested to clear the air, Council should bring in a free
independent auditor, let them review all the information, and make a decision. Mrs. Cmar moved
to bring in an independent auditor for review and a decision. Motion died for lack of a second.

         Phil Schulte - 303 Chelsea Drive - Chairman of the Recreation Authority - referred to a
letter from the Secretary of the Authority dated December 22, 2004 regarding the reappointment
of two Authority members whose terms expired December 31, 2004 and asked the status of this
request. Mr. McFarland advised newspaper advertising is being placed for interested persons to
apply for all boards, authorities, and commission’s expired terms. A discussion was held that last
year the Recreation Authority agreed to add two additional members to the Authority; however,
their by-laws were never amended. Mr. Becker requested Mr. Schulte discuss the amendment
necessary at the next Recreation Authority meeting and to advise Council when this is
accomplished and Council will then be able to appoint two new members and reappoint two
members. Mr. Schulte was advised the existing members serve until they are reappointed or

        Mr. Schulte reported at their last meeting members from the Baseball, Softball and
Soccer Associations attended and discussed a five-year plan for the borough. Tepe Plan was
discussed as it has eight acres, only one ballfield and a dilapidated shelter. All the leaders from
the above groups, agree Tepe Park would be a great place for a baseball-only complex. Mr.
McFarland advised Council discussed a baseball complex at Wednesday’s discussion meeting,
but pulled it from tonight’s agenda because they are not in favor of a baseball-only complex at
that location. Mr. Oskin voiced traffic concerns to the residents of the Tepe Plan if the complex
is built. Mr. Schulte advised he will put together a plan and submit it to the Planning
Commission asking them to send a letter to the residents of the plan. Council suggested the
Authority first send letters inviting residents of the area to their meeting for input on the future
park use.

       Mrs. Cmar recommended Council move to not allow Council or their family members to
take seats on other boards, thus taking a seat away from interested residents. Following a
discussion, Solicitor LoPresti advised Council can make that motion, but it can be challenged in
court, as there is nothing in the law preventing Council members from holding a position on the
Recreation Authority and Planning Commission.

       Mr. Serapiglia reported, for the record, before he was already appointed to Council, his
wife was appointed to the Civil Service Commission, and if Council has a problem, he suggested
they send his wife a letter and ask her to voluntarily resign. However, in defense of his wife, he
advised she is well qualified as a probation officer with a criminal justice degree.

         Ron Conway - 196 Meadowfield Lane - advised Council gave Mr. Maple a retirement
contract on a 4-3 vote, the Mayor vetoed it, and it went to court. He believed first the suit was
handled by our insurance company, but then Attorney Gobel took over the suit. Mr. Conway
requested Council drop the suit and not spend any more legal fees and taxpayers’ money. In
response, Solicitor LoPresti advised: 1) when this case was first appealed, the insurance carrier
stepped in with no cost to the borough. When Mr. Maple filed his Complaint in Court of
Common Pleas, the borough submitted it to the insurance carrier, but they first denied to step in
again which forced the borough to reply within 20 days, as Council approved answering the
Complaint. Solicitor LoPresti handed it to his associate, Mr. Gobel. This Council has the ability,
if they desire, to advise to stop further actions. 2) There is no gag order on this case, but Council
was advised not to comment on outstanding litigation. 3) The borough just received an
indication that the insurance company wanted to step back in and continue with the case. The
borough is asking for reimbursement for the entire amount of legal fees incurred to date. 4) Mr.
LoPresti advised he always tries to get legal fees reimbursed to the borough from developers, any
litigation and insurance companies whenever possible. Mr. Conway stated the borough created
the lawsuit by not honoring Mr. Maple’s contract and after the Commonwealth Court ruled the
case should have ended.

        Kelly Frye - 134 McGrew Road - asked the status of the borough checking the runoff
from Rt. 51 onto McGrew Road. Ms. Omer reported the runoff from Rt. 51 will be discussed at
the staff meeting Wednesday. Regarding improvements to the road, the developer was notified it
was his responsibility. The borough can not make him fix the road all the way back to the dead
end, but only the front by his property. She will set up a meeting with the developer and tell him
it needs to be done. Mr. Frye said he is more concerned with the road in front of his house, and
Mr. McFarland advised the road definitely needs redone. Mr. McFarland instructed Ms. Omer to
notify the state that the runoff is not going through the pipes, but rather beside them and to
review the situation when Mr. McVicker returns to work Wednesday.

        Greer Hixson - 3060 Thomas Jefferson Drive - stated Mr. Sockman suggested Council
bring in a free independent auditor, let them review all the information, and make a decision on
the sale of 1280 Gill Hall Road, but he wasn’t sure there was a second to the motion. Mr.
McFarland advised there was no second. Mr. Hixson asked how it was determined how much the
borough would pay for the property. Solicitor LoPresti explained he and Mr. Boyle, attorney for
Mr. McVicker agreed on Barone & Son appraisers. He advised the house was previously listed at
$186,000 and the appraisal was for $173,000. Mr. Hixson stated he agreed that an independent
audit should be done.

        Dan Deabner - 3059 Thomas Jefferson Drive - asked Ms. Omer what has been done for
his storm lateral connection to date, and she replied she thought all the issues were resolved. Mr.
Deabner advised he received a letter in August 2004 from the borough stating he was going to
get fined because he did not have a dye test for his property. The following day he called Mr.
McVicker and told him he paid a contractor who could not find a sewer connection and was
told he would call Gateway and have them look into it. For months Mr. Deabner called Mr.
McVicker and got the same answer. He advised this problem was not caused by the current
developer, Frank Zokaites, but by the previous developer. Ms. Omer advised she will bring this
up at the staff meeting on Wednesday. Dr. Kulish instructed Mr. Clark to find out why Mr.
McVicker never got an answer for Mr. Deabner. Mr. Serapiglia asked why there are not visual
inspections on these lines prior to being buried, and Ms. Omer replied initially Gateway air and
vacuum tests the lines, however, the original contractor left in the middle of construction. Mr.
Deabner advised he had to spend $30,000 on grading his back yard because the contractor buried
trees and debris which is not allowed by the borough. He requested Council look at the policy for
what contractors are allowed to do, and add visual inspections when lines are installed and
photograph same, at inspection time.

        Mr. Deabner reported his grading permit expired in November, but he can not finish the
work, and the borough is holding his escrow money. On the recommendation of the Engineer
and hearing no objections, Mr. McFarland advised Council wave the expiration date until this
matter is resolved.

       Mr. McFarland acknowledged Council has received a copy of the Vacancy Board
minutes of October 11, 2004. Solicitor LoPresti advised no vote to approve was necessary.

       Mr. Becker moved the minutes of regular meeting October 11, 2004 be approved,
seconded by Mr. Militzer and carried unanimously.

       Mrs. Cmar moved the minutes of special meeting October 20, 2004 be approved,
seconded by Mr. Becker and carried unanimously.

       Mr. Becker moved the minutes of discussion meeting November 3, 2004 be approved,
seconded by Mr. Militzer and carried unanimously.

       Mr. Becker moved the record of public hearing December 8, 2004 - 6:30 p.m. be
approved, seconded by Mrs. Cmar and carried unanimously.

       Mr. Becker moved the record of public hearing December 8, 2004 - 7:00 p.m. be
approved, seconded by Mr. Militzer and carried unanimously.

       Mr. Becker moved the record of public hearing December 8, 2004 - 7:09 p.m. be
approved, seconded by Mrs. Cmar and carried unanimously.

       Mr. Becker moved the record of public hearing December 8, 2004 - 7:14 p.m. be
approved, seconded by Mr. Militzer and carried unanimously.

       Mr. Becker moved the record of public hearing December 8, 2004 - 7:24 p.m. be
approved, seconded by Mr. Militzer and carried unanimously.

       Mr. Becker moved the December 2004 bills be approved as follows: General Fund
$229,104.34, Disbursement Pension Fund $5,693.95, Sewer Revenue Account $50,514.06,
Escrow Account $7,682.00, Highway Aid Fund $22,820.49, Sewer & Water Assessment
$1,919.25, Storm Sewer Fund $574.53 and General Fund Contingency $100,000.00. Motion was
seconded by Mr. Militzer and carried unanimously.

       Mr. Becker moved the payrolls for the month of December 2004 be approved as follows:
General Fund $211,920.38, Sewer Revenue Account $1,592.52, and ESA General Fund
$2,834.45, seconded by Mrs. Cmar and carried unanimously.
        With no objection from Council, Mr. McFarland moved agenda item no. 18 up on the list
that pertained to residents waiting in the audience.


        On the recommendation of the Engineer and Planning Commission, Mr. Militzer moved
to grant preliminary and final approval of Taucher Plan of Lots #2 (2-lot subdivision on Gill Hall
Road at Klein Road) by the Estate of Cora Jean Taucher, seconded by Mr. Oskin and carried


       1)      Corrective Action Plans

       West Elizabeth Sewershed - A meeting was held November 17, 2004 with the PADEP to
             discuss the issues in the watershed.

       It was agreed that the long-term plans must be in conjunction with WESA as Jefferson
              Hills is the largest stakeholder in the sewershed. The watershed is to look at many
              options that range from construction of a new treatment facility, reconstruction of
              the current facility to sewer separation in West Elizabeth.

               We have completed basic cost estimates for the construction of the improvements
               that would be required by DEP if the plan is to move forward as originally
               ordered. The cost without engineering or legal fees is approximately $3,900,000.
               This would not include any improvements to the treatment plant or fourth street
               pump station. This estimate is the first step in moving forward with the DEP.

       There are no tap restrictions being imposed by DEP in this watershed.

       Clairton - A Corrective Action Plan (CAP) was adopted by Council on the 29th of
              December and forwarded to the DEP for approval on the 30th.

       The plan summarizes the actions that will be taken by the borough to try to resolve the
              various questions that are being asked by both the Health Department and the
              DEP. Their approval of the plan will facilitate the release of taps and allow
              continued development in the borough.

       The plan includes the following components, as required by State Law:

               1.     Dye Testing
               2.     CCTV and Cleaning
               3.     Mapping
               4.     Repair and location of manholes
               5.     Flow monitoring
               6.     Repair contracts

       In addition to the above, the borough will undertake a modeling project. This project will
               determine the actual capacity of the interceptor and quantify all the various
               contributions from PSCA and South Park. The benefit will be the knowledge of
            whether a hydraulic overload exists within the line or at the treatment plant, what
            capacity is available for future development, feasibility of I/I removal versus
            storage and what parties to the agreement may be exceeding their maximum
            allowed contribution.

            Million dollar decisions will be made for the management of these assets and the
            working of the interceptor needs to be understood to properly make the decisions.
            The project is to be funded through the 2005 sewer budget and needs to be
            completed in conjunction with the Long Term Control Plan.

            This model has to be completed within the next five months in order to facilitate
            the submittal of a valid Long Term Control Plan for the treatment plant.

            Clairton Municipal Authority has installed their new meters, which will be used
            for the model, but has not yet released the data for review. When the data is
            released, it will be compared to the information that we are collecting. Our flow
            meter service provider has allowed us the use of a cellular modem to help us
            complete wet weather inspections of the interceptor as requested by the DEP.

     Mr. Militzer moved to adopt Resolution No. 1-2005, “REVISIONS TO THE
          Motion seconded by Mrs. Cmar and carried unanimously.

2)   Planning Commission

     Taucher Plan of Lots #2 - Consider preliminary and final approval of the 2-lot
           subdivision located on Gill Hall Road, owned by the Estate of Cora Jean Taucher.
           Recommended for Approval

3)   Mapping/Storm Water Phase II

            A second round of testing has to occur at the outfalls listed on our MS4 permit.
            This includes approximately 13 outfalls. A public meeting must be held with the
            various stakeholders in the community to discuss water quality issues.

     We recommend that a watershed meeting be held to discuss the upcoming Growing
           Greener Grant and be used to help satisfy the public participation of the permit. A
           video, sponsored by the EPA, should be shown to help the watershed groups
           focus on the issues at hand. The engineer was authorized to help the borough staff
           advertise and facilitate the meeting between the borough, watershed groups and
           other stake holders in the Peters Creek Watershed. The deadline for the above
           actions to be completed is March 10, 2005.

4)   Comprehensive Stormwater Report

     We have incorporated the cost of a Comprehensive Stormwater Report in the 2005
          sewer budget. The project has five objectives which are:
            ●      Evaluate, street by street, drainage problems, localized flooding, and
                   maintenance issues to prevent infiltration into the sanitary sewer system.
            ●      Create a sustainable program for the inspection and operation of the
                   borough stormwater facilities.
            ●      Manage stormwater, in accordance with Chapter 94 CAP requirements, to
                   eliminate the introduction of inflow and infiltration into the sanitary
                   sewer. This includes the low lying areas in the borough that are subject to
                   chronic flooding.
            ●      Complete digital-ortho photography of borough.
            ●      Comply with year three Stormwater Phase II requirements.
            ●      Compile list of streets and recommended repairs and budget estimates to
                   be used as a guide for future spending.

            Areas have been noted as having flooding problems from stormwater. We will
            present a comprehensive list of these areas as residents report them. When a
            residential complaint is received, the borough staff and Gateway will conduct a
            preliminary investigation to the site to review the situation.

5)   Landslide Bedell Road

     The current stop sign configuration is adequate for managing traffic on the site. The
           repair of the road should be placed on a capital improvement schedule or other
           funding sources sought out.

6)   Landslide 1280 Gill Hall Road

     Construction is 95% complete and we are working on the punchlist items before we can
            recommend the release of the 5% retainage.

7)   Landslide Waterman Road West

     The current stop sign configuration is adequate for managing traffic on the site. The
           repair of the road should be placed on a capital improvement schedule or other
           funding sources sought out.

8)   Development Status

     Jefferson Estates Phase III - Developer is completing improvements to open space and is
             scheduled to begin work when weather allows

            Nix - Developer’s is currently under construction

            DiMarco - Developer’s agreement has been presented to developer

            State Police Barracks - Plan revisions have been completed and plan is approved

            Chamberlin Ridge - Under construction

            Patriot Pointe Phase I - Preparing to pave Phase I, Developer is working with
            DEP on issues for Phase II & III
9)    Staff Ordinance Meetings

             The following ordinance revisions are in front of the Council:

             1.     Grading Ordinance revisions including coverage for new home
                    construction, language to reflect SWPII needs, land development and
                    retroactive coverage requirements.

             2.     Revisions to the gas well ordinance are as follows:

                    i.       Operation easements
                    ii.      Restricted districts
                    iii.     Pipe depth requirements
                    iv.      Bonding amounts
                    v.       Lockdown of wellhead and equipment
                    vi.      Air quality issues with respect to H2S

             Staff recommends that the gas well ordinance and the grading ordinance be

10)   Route 51 Corridor Development

      We have met with the architect and engineer of the proposed Ciccanti professional
           building. They have been provided with topography from the GIS system and
           scans of the old plans. They are tentatively going to try to submit to the Planning
           Commission to be on the February Planning agenda.

11)   Towne Hall Estates Slide Status

             The area was televised and we are awaiting the results from the CCTV work.
             There were no immediate causes for concern such as pipe failures or blockages.

12)   Traffic Study Status

             The permit application is being prepared.

13)   Fiore Property

      The borough has been approached many times with possible development plans for the
            Fiore tract of property located off of Old Clairton Road. The staff feels that the
            borough should take an active role in the development of the property and meet
            with the owner to gain insight into the long-term plans for the property. Hearing
            no objections, Mr. McFarland advised the staff was authorized to meet with the
            owner and their representatives.

14)   Intern Job Description

      A report was distributed of a draft job description and application that we will be
           supplying to the Local Government Academy by the January 31, 2005 deadline.
15)    FEMA Projects

       We have responded to all the requests of FEMA and are awaiting the revised worksheets
             that will detail the amount to be funded for each of the projects. The projects to
             receive funding are Scotia Hollow, Beams Run culvert, Waterman East slide,
             Peters Creek Road and Peters Creek East.

       Mr. Oskin moved to approve Current Estimate #3 and Final in the amount of $46,715.30
and Change Order #1 in the amount of $13,740.00 to Gregori Construction & Engineering and
forward to SHACOG for processing for Alice Avenue Road reconstruction. Motion seconded
by Mr. McFarland and carried unanimously.


       Mr. Clark reported in 2004 there were 51 new single-family homes.


        The Police Chief reported police activities for December as follows: 56 citations issued,
26 traffic accidents with 5 injuries, and 1,095 calls answered.


        Josephine Lipnicky reported $8,381.26 collected in Real Estate Tax for December 2 to
December 12, 2004 (deposits #158- #160). She enclosed a list of 17 refunds due to Official
Change Orders totaling $6,744.43 as follows: Year 2002 - Property Owner/Trautman Assoc.
$69.88; and Year 2004 - R. Huffman $433.67, G. Bowser $2,299.10, T. Campano $141.31, D.
Capolupo $13.24, J. Solomon $238.35, R. Solomon $163.83, W. Vanwormer $86.70, K. White
$149.52, Dorio Assoc. $445.25, Dorio Assoc. $206.35, D. Taiedi $1,160.86, E. Custer $114.21,
J. Foytick $57.43, J. Majsak $249.39, G. McKeever $113.66 and Annhurst Apartments $801.68.

       Pa. Municipal Service Company remitted $42,590.15 collected in Earned Income Tax,
enclosed a bill for commissions due $958.28; $156.90 collected in Occupational Privilege Tax,
enclosed a bill for commissions due $3.53 and collected $134,976.28 in sewage charges,
enclosed a bill for account status letters and commissions due $2,739.52.

       The Commonwealth of Pennsylvania remitted $12,041.43 in Sales Tax.

       Berkheimer Associates reported $10,061.73 collected in garbage fees and enclosed a bill
for commissions due $251.54.

       Creditech, Incorporated remitted $559.00 collected in delinquent garbage fees and
enclosed a bill for $128.96 commissions due.

        The Public Service Coordinator reported $10,819.00 in building permits, $415.50 in
street opening permits, $100.00 in grading permits, $150.00 in Planning Commission fees,
$330.00 in occupancy permits, $3,500.00 in escrow fees; $6,000.00 in tap-in permits,
$31,422.96 in sewage charges, and $210.00 in dye tests.

      The Secretary/Treasurer reported receipts as follows: General Fund $274,841.22, Payroll
Account $232,897.89, Sewer Revenue $365,555.35, Sewer & Water Assessment $3,156.88,
Storm Sewer $45.19, Escrow Account $96,705.55, Highway Aid $23,312.21, Police Pension
$5,775.83, Disbursement Pension Fund - Class “A” $3,726.03, General Fund Contingency
Account $922,427.71, Gill Hall Park Renovation Fund $27.91, Forfeiture Account $5.31, Special
Account No. 1 $53.01, Fire Tax Account $1,067.71, and Ambulance Tax Account $350.76.

       The Secretary/Treasurer reported bank balances on hand December 31, 2004 as follows:
General Fund $3,924.50, Payroll Account $5,067.55, Sewer Revenue $1,347.58, Sewer & Water
Assessment $3,007.51, Storm Sewer $7.73, Escrow Account $5.76, Highway Aid $-0-, Police
Pension $-0-, Disbursement Pension Fund - Class “A” $-0-, Service Employees Pension Fund -
Class “B” $-0-, Police Dept. DARE Program $7.62, General Fund Contingency Account $14.00,
Gill Hall Park Renovation Fund $6.63, Forfeiture Account $.22, Special Account No. 1 $7.90,
Fire Tax Account $-0-, and Ambulance Tax Account $-0-.

      The Secretary/Treasurer reported the following investments with Sky Bank:
CD#3804363792 for $100,210.00, CD#3804394906 for $1,166,250.00, CD#3804394957 for
$923,360.00, CD#3804394973 for $577,110.00 and Money Market Accounts totaling

        Mrs. Cmar moved the commissions and refund be paid, seconded by Mr. McFarland and
carried unanimously.


       The Secretary/Treasurer read a letter from the Planning Commission advising at the
regular meeting December 20, 2004 members unanimously recommended the following:
Preliminary and final approval was granted for a 2-lot subdivision known as Taucher Plan of
Lots #2 located on Gill Hall Road at Klein Road, owned by the Estate of Cora Jean Taucher.

      The Secretary/Treasurer received a letter from Lawrence Froehlich resigning from the
Zoning Hearing Board for his term expiring December 31, 2007 because he moved out of the
borough. Mr. McFarland requested Mr. Froehlich be sent a letter of thanks for his service to the


       On the recommendation of the Borough Engineer, Dr. Kulish moved to grant preliminary
and final approval of Gunzenhauser Plan (2-lot subdivision on First Street in West Elizabeth
Borough) - a minor portion of Lot 1 is located in Jefferson Hills with no access provided by a
borough street, seconded by Mr. Militzer and carried unanimously.

       Mr. Militzer moved to authorize the Solicitor to advertise an ordinance amending the
Zoning Ordinance to authorize oil and gas drilling as a conditional use in the R-2, R-3, R-4 and
R-5 districts and to revise criteria for reviewing oil and gas drilling as a conditional use,
seconded by Mr. Oskin and carried unanimously.

        Mrs. Cmar moved to approve the request of the Recreation Authority to endorse a clean
up of the bank of Peters Creek along Peters Creek Road. Chief Maple advised Dick Corporation
is providing a backhoe and dumpsters for the rails to trails work. Motion seconded by Mr.
Becker and carried unanimously.
       Dr. Kulish moved to authorize the purchase of a police vehicle, seconded by Mr. Militzer.
Dr. Kulish amended his motion to read to authorize the purchase of an unmarked police car,
seconded by Mrs. Cmar and motion carried on a 4-3 roll call vote. Council Members Cmar,
Kulish, Oskin, and Serapiglia voted yes. Council Members Becker, Militzer and McFarland
voted no.

      The Solicitor confirmed if the proposed bond issue refinancing is cancelled, no cost
would occur to the borough. Mrs. Cmar moved to appoint H T Capital Markets as the investment
banker for refinancing the 1993 General Obligations Bonds and 1999 Guaranteed Sewer
Revenue Bonds, seconded by Mr. McFarland and carried unanimously.

       Mr. Serapiglia moved to appoint Tucker Arensberg as bond counsel for refinancing the
above bonds, seconded by Mr. Oskin and carried on a 6-1 roll call vote. Council Members
Becker, Kulish, Militzer, Oskin, Serapiglia and Mr. McFarland voted yes. Council Member
Cmar voted no.


        Dr. Kulish commended Officer Martin Reagan for an outstanding job handling the traffic
bottleneck for the landslide on Coal Valley #2 near Jefferson Hospital. Chief Maple advised the
police department is monitoring the problem and sending an officer.

        Mrs. Cmar reported in the Week in Review it stated if council had any problems on the
sale of 1280 Gill Hall Road to contact Mr. McFarland or Mr. Clark. She advised she contacted
Mr. Clark advising she was not for buying the house, but was for fixing the problem. She stated
she never gave her approval or voted for the sale of the property. Mr. Becker requested Mr. Clark
check the records to see the date the house was purchased and the date Mrs. Cmar called
advising she did not want to purchase it.

       Mr. Serapiglia commended Mr. Clark for his quick response to having the council
minutes and agendas put on the borough website. Mr. Clark advised they will be added next
month at a minimal cost of 10¢ per page.

        Mayor Larcinese reported DEP admitted at hearings in Washington DC that there is a
serious problem at Fern Valley. She requested Council get a full disclosure of the problems
found there, so that later the borough, as the host community, will not be criticized for not
following the hearings and we will be left liable and with the cleanup of a superfund site. She
stated we were given information that the liner has deteriorated, that materials in there are
leaking, and something needs to be done before it is capped. She advised DEP gave Orion the
right to now ship the flyash materials by barge, and DEP has said flyash is not allowed to come
in contact with drinking water. If a barge carrying flyash sinks in the river, it will contaminate
the drinking water. Council responded Lisa Marcussi was appointed by Council to be the
borough spokesperson and is to report back to Council. After Mrs. Marcussi updates Council,
and composes the letters, Council will then send them to DEP.

       For the record, Solicitor LoPresti stated, prior to Mrs. Serapiglia being appointed to the
Civil Service Commission, he was aware of her excellent reputation as a probation officer for
Allegheny County. Before she took the position with the borough, she got a legal opinion and
called Mr. LoPresti’s office to see if it was a conflict of interest, to which he replied it was not.
After Mr. Serapiglia was appointed to Council, another legal opinion was asked of him, and he
replied there is still no conflict of interest with her holding a Civil Service Commission position
and he holding a seat on Council.

       Mr. Maple invited the three Council Members who were not on Council when his
retirement package was offered, to meet with him individually and he will explain what really
happened on the contract issue.

       Mr. McFarland adjourned the meeting at 10:02 p.m., on motion by Mr. Militzer and
seconded by Mr. Becker and carried unanimously.

                                                     Saundra J. Mortle

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