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					                        MUNICIPALITY OF MONROEVILLE

                           REGULAR COUNCIL MEETING

                                 FEBRUARY 12, 2008

                                       MINUTES

       The meeting was called to order at 7:30 p. m. by Mayor James Lomeo.

                 LORD’S PRAYER AND PLEDGE OF ALLEGIANCE

       The Lord’s Prayer and Pledge of Allegiance were recited at this time.

                                      ROLL CALL

        The Recording Secretary, Sharon McIndoe, called roll and the following were
present: Mayor Lomeo, Frank Franci, David Kucherer, Ron Harvey, James Brown, Carol
McDevitt, Clarence Ramsey, Marshall Bond, Bruce Dice, Shelly Kaltenbaugh, Paul
Hugus, Susan Werksman, Lynette McKinney and Shawn Rosensteel. Mr. Boone was
absent.

                              CITIZEN’S RECOGNITION

        Mayor Lomeo reported the Citizen’s Recognition Award that was to be presented
to Mr. Sid Singer at this time would be postponed until March because he was unable to
attend.

                              APPROVAL OF MINUTES

       There being no corrections, additions or deletions to the minutes of the Regular
Council Meeting of December 11, 2007, a motion was duly made by Mr. Kucherer to
approve them, as submitted, and Mrs. McDevitt seconded it. Upon a voice vote, the
motion carried unanimously.

       Further, there being no amendments to the minutes of the Swearing In Ceremony
of January 7, 2008, a motion was duly made by Mr. Franci to approve them, as
submitted, and Mr. Ramsey seconded it. Upon a voice vote, the motion carried
unanimously.

        Furthermore, Mrs. McDevitt duly made a motion to approve the minutes of the
Regular Council Meeting of January 8, 2008 and Mr. Brown seconded it. Upon a voice
vote, the motion carried unanimously.
Regular Meeting                            2                         February 12, 2008


                  APPROVAL OF REPORTS OF TAX COLLECTIONS

       Council considered approval of the Reports of Tax Collections for February 2008.
Whereupon, Mr. Harvey duly made a motion to approve them and Mr. Franci seconded
it. Upon a voice vote, the motion carried unanimously.

                          LIST OF BILLS AND PAYROLL

        Council then considered approval of the List of Bills in the amount of
$1,770,400.01 and Payroll in the amount of $875,528.03. Whereupon, Mrs. McDevitt
duly made a motion to approve the payroll and Mr. Ramsey seconded it. Upon a voice
vote, the motion carried unanimously. There being no further discussion, Mr. Harvey
duly made a motion to approve the list of bills and Mr. Kucherer seconded it. Upon a
voice vote, the motion carried unanimously.

         VACANCIES ON BOARDS, COMMISSIONS AND AUTHORITIES

                  RECREATION AND PARKS ADVISORY BOARD

       Whereupon, Mr. Harvey duly made a motion to nominate Mr. Leonard Young
from Ward Three to the Recreation and Parks Advisory Board and Mr. Brown seconded
it. Upon a voice vote, the motion carried unanimously.

       Further, Mr. Brown made a motion to appoint Mr. Clarence Crone from Ward
Four to the Recreation and Parks Advisory Board and Mr. Franci seconded it. Upon a
voice vote, the motion carried unanimously.

                             MUNICIPAL AUTHORITY

       There being no further discussion, Mr. Brown duly made a motion to appoint Mr.
David Kerchner from Ward Four to the Municipal Authority and Mrs. McDevitt
seconded it. Upon a voice vote, the motion carried unanimously.

                         REDEVELOPMENT AUTHORITY

       Mayor Lomeo indicated that he wanted to appoint the members of the
redevelopment authority at this time and he read a statement into the record (see
attached.) Whereupon, Mayor Lomeo duly appointed Georgianna Woodhall for a term
expiring in December 2013, Diane Allison to a term expiring in December 2012, Marilyn
Skolnick to a term expiring in December 2011, Barbara Sonafelt to a term expiring in
December 2010 and Jay Wright.
Regular Meeting                              3                          February 12, 2008



                                BIDS AND PROPOSALS

                           ENGINEER REPORT PROPOSAL

       Mr. Bond reported an engineering report proposal for Harvard Road Landslide
submitted to council could involve as much as $25,000. He was concerned that there
may be infrastructures for the storm sewers because there are sanitary sewers in the area.
He indicated this would be for the geo-technical investigation to find out whether this
would be a threat to the infrastructure.

       There being no further discussion, Mr. Franci duly made a motion to approve the
engineer proposal and Mr. Kucherer seconded it. Upon a voice vote, the motion carried
unanimously.

                   CONCRETE BLOCK FOR TRAINING CENTER

        Mr. Bond reported this bid was for the concrete block for the training center and a
report from the building and engineering department had been distributed to council. He
indicated the lowest bid was for $26,911 and the proposed estimate was $20,000. He
recommended that all bids be rejected and the item be re-bid because it exceeds $25,000
which is the threshold for the prevailing wage. He stated it should be included that the
bidder be aware that if the bid is more than $25,000, the prevailing wage must be
specified and required in the bid. He recommended all the bids be rejected and the item
be re-advertised.

      Whereupon, Mrs. McDevitt duly made a motion to reject the bids and re-advertise
and Mr. Ramsey seconded it. Upon a voice vote, the motion carried unanimously.

                                  CONSENT AGENDA

                                     RESOLUTIONS

                                   RESOLUTION 08-6

       A resolution authorizing the distribution of grant funds for the Monroeville
Independence Festivities in the amount of $18,000.

       Mr. Bond recommended it be approved subject to submission of a formal
application from the Independence Day Committee.

        Whereupon, Mr. Kucherer duly made a motion to approve authorization of the
resolution and Mr. Brown seconded it. Upon a voice vote, the motion carried
unanimously.
Regular Meeting                               4                          February 12, 2008



                                    RESOLUTION 08-7

       A resolution authorizing the distribution of grant funds for the following
community swim pools: Garden City Swim Club, Foxwood Swim Club, Gateway
Heights Swim Club, Park Swim Club and Haymaker Swim Club.

          Mr. Bond indicated the grants were for $3,000, respectively.

      Whereupon, Mr. Harvey duly made a motion to approve the resolution and Mr.
Brown seconded it.

        Mr. Brown gave a brief explanation of why he was voting negatively. He
indicated when he ran for office he had two priorities, public safety and public works. He
was concerned that Cavitt Road needs to be resurfaced and was told at the work session
that there is not a lot of money to do these types of things. He felt the maintenance of the
residential streets is the most basic fundamental primary purpose of the municipal
government. He stated he has a problem with the swim club grants because that is
$25,000 that could be used to pave Cavitt Road. He asserted these swim clubs are private
organizations with memberships and suggested the municipal priorities need to be
reconsidered. He indicated the municipality has supported these swim clubs for 20 years
and they continue to struggle financially. He suggested the clubs are not a bad idea but
they just have not worked well. He disagreed with the municipality funding continuing
to subsidize these clubs is a worth while cause not when it should be focused on the
infrastructure.

        There being no further discussion, upon a roll call vote, the motion carried with
five affirmative votes and one negative vote by Mr. Brown.

                                    RESOLUTION 08-8

     A resolution authorizing a lifeguard grant program for the five neighborhood
swimming pools.

        Mr. Bond reported this grant would allow $2,000 for each pool for the lifeguard
assistance.

       Whereupon, a motion was duly made by Mr. Harvey to approve the resolution
and Mr. Franci seconded it. Upon a roll call vote, the motion carried with five
affirmative votes and one negative vote by Mr. Brown.

                                    RESOLUTION 08-9

          The resolution authorizing the distribution of grant funds for the Memorial Day
Parade.
Regular Meeting                              5                          February 12, 2008


       Mr. Bond reported this grant would be in the amount of $3,200.

        Whereupon, Mr. Franci duly made a motion to approve the resolution for the
Memorial Day Parade and Mr. Brown seconded it. Upon a roll call vote, the motion
carried unanimously.

                                  RESOLUTION 08-10

       The resolution authorizing the distribution of grant funds for the Monroeville
Night Out Committee.

       Mr. Bond pointed out this grant would be in the amount of $4,000 for the purpose
of educating on crime prevention and fire safety.

        There being no further discussion, Mr. Harvey duly made a motion to approve the
resolution and Mr. Ramsey seconded it. Upon a roll call vote, the motion carried
unanimously.

                                  RESOLUTION 08-11

      A resolution authorizing the distribution of grant funds for the Monroeville Arts
Council for the 2008 Pops in the Park Series, Juried Art Exhibit and Pops for Kids.

       Mr. Bond pointed out this grant would be in the amount for $6,000.

        There being no further discussion, Mr. Ramsey duly made a motion to approve
the resolution and Mr. Kucherer seconded it. Upon a roll call vote, the motion carried
with five affirmative votes and one negative vote by Mr. Brown.

                                  RESOLUTION 08-12

       A resolution authorizing the distribution of grant funds for the Monroeville Jazz
Festival in the amount of $1,000

        Whereupon, Mr. Ramsey duly made a motion to approve the resolution and Mr.
Franci seconded it. Upon a roll call vote, the motion tied with three affirmative votes and
three negative votes. The voting was as follows: Messrs. Franci, Harvey and Ramsey
voted affirmatively; Messrs. Kucherer, Brown and Mrs. McDevitt voted negatively.
Mayor Lomeo broke the tie by voting affirmatively.

                                  RESOLUTION 08-13

      A resolution authorizing the disposition of records as set forth in the Municipal
Records Manual.
Regular Meeting                              6                           February 12, 2008


       Mr. Bond explained the municipality follows the dictates of the state municipal
records act and he requested permission to dispose of records from 2000 for earned
income tax and occupational privilege tax.

      Whereupon, Mr. Harvey duly made a motion to approve the resolution and Mr.
Kucherer seconded it. Upon a roll call vote, the motion carried unanimously.

                                  RESOLUTION 08-14

       A resolution extending the current list of eligible candidates for appointment as
patrolman to the Monroeville Police Department until March 15, 2009.

       Mr. Bond reported the civil service commission met on January 22, 2008 and
voted unanimously to recommend that council extend the current eligibility list due to
expire March 15, 2008 until March 15, 2009. He explained this would avoid the
expensive and time consuming process of going through a rigorous selection and testing
process.

        There being no further discussion, Mrs. McDevitt duly made a motion to approve
the resolution and Mr. Kucherer seconded it. Upon a roll call vote, the motion carried
unanimously.

                                  RESOLUTION 08-15

       A resolution authorizing the installation of an intersection control beacon at
Northern Pike (S.R. 2054) and Berkley Way.

        Mr. Bond explained the municipality received a state grant to cover the cost of the
installation.

      Whereupon, Mr. Ramsey duly made a motion to approve the resolution and Mr.
Kucherer seconded it. Upon a roll call vote, the motion carried unanimously.

                                     RESOLUTION

      A resolution authorizing the advertising for bids for the 2008 Road Paving
Program for the attached list of roadways throughout the Municipality of Monroeville.

        Mr. Bond reported this would authorize advertising for the 2008 Road Re-paving
Program. He indicated the municipality tries to do this early to notify the utility
companies in advance so they can complete any of their work before the sealing. He
stated this includes sealing which is more than the traditional milling and overlay which
would fall under the $500,000 budget. He asserted the sealing is a necessary step.
Regular Meeting                               7                           February 12, 2008


         Mr. Ramsey inquired whether the paving would continue after the term if there is
extra asphalt. Mr. Bond explained that because the prices are fuel sensitive, it is better to
at least seal the roads that would not be milled and overlaid to stay within budget.

        Mr. Brown stated the same $500,000 was budgeted 15 years ago for paving and it
does not cover as much now. He felt the sealing is not the same as the complete process
of milling and resurfacing.

      Mr. Ramsey questioned whether the way it is done now is the equivalent of what
was done in the past. Mr. Bond answered the budget was increased to $700,000 or
$800,000 a few years ago.

       Mr. Franci inquired whether sealing was part of the process for maintaining a new
road and Mr. Hugus answered affirmatively. Mr. Bond added micro seal can also be
included to add about 1/8 of an inch but it is different from doing a resurface.

         Mr. Hugus explained the municipality tries to get 15 to 20 years out of an overlay
and the scrub seal would extend the quality of a road 5 to 8 years more. He stated the
seal extends that life 3 to 5 years so any treatment is helpful. Mr. Franci inquired when a
seal would be done and Mr. Hugus answered within the first 2 years of paving and the
scrub seal would then be the next step. He explained if the road is sealed within the first
2 years, it will get into the pours keeping the water out because once water gets under the
road it freezes and cracks. He added the scrub seal is usually done to roads that are
already cracked to seal them to extend their life another 5 to 8 years. Mr. Hugus
indicated PennDOT now requires municipalities to use Superpave in lieu of the ID mixes
or Marshall mixes which allows water into the asphalt and then needs to be sealed.

        Mr. Ramsey inquired whether this process makes the roads last longer and Mr.
Hugus answered affirmatively. Mr. Ramsey questioned whether there is a rotation of the
road sealing and Mr. Hugus answered affirmatively. Mr. Hugus suggested their goal is to
try to make the roads last longer and he agreed the overlay is the best but is has become
cost prohibitive.

         Mrs. McDevitt inquired whether Cavitt Road has been examined and Mr. Hugus
answered affirmatively. Mrs. McDevitt questioned whether it could be included and Mr.
Hugus answered it would depend on the finances. He estimated it would take $135,000
to mill and pave from Abers Creek Road to Alpine Village Drive. He suggested it could
be taken out of the new year’s budget but then it would short change another deteriorated
road. He added Old William Penn Highway is included in a separate capital
improvement line item from Thompson Run to Duff Drive because of the condition of the
road, it needs drainage as well as paving. He stated next year Wyndgate Drive will be
addressed with more than the traditional paving. He explained the cost of paving has
increased substantially and the municipality is trying to spend their money wisely to get
the projects done.
Regular Meeting                             8                          February 12, 2008


        Mr. Brown recommended the maintenance of the roads should be a top priority
during the upcoming budget discussions. He suggested streets, sewers and paving are all
items that are needed but swim clubs and jazz festivals are only nice things to have.

        Mr. Hugus reported that he has also developed a five-year plan that can be
discussed further with several options to approach the situations. Whereupon, Mr. Franci
made a motion to table. Mr. Brown felt it is crucial to advertise because of contracting
obligations. Mr. Hugus indicated there is ample time and the early bidding is more to
allow the utility companies to begin their work before the paving. Mr. Harvey suggested
the entertaining and paving can both be done and adjustments can be made. Mrs.
McDevitt seconded the motion and upon a voice vote, it carried unanimously.

                                    ORDINANCES

                                  ORDINANCE 2413

       An ordinance adopting special events policies and procedures.

        Mr. Kucherer inquired whether the school district has reviewed this ordinance.
Mr. Bond was uncertain whether the school district was contacted specifically but there is
a representative on the Recreation and Parks Advisory Board who reviewed it over a two
month period. He advised there is no immediacy to this and there is an application for
the new amphitheater. He felt the Recreation and Parks Advisory Board and Department
did a great job of anticipating any possible nuisances for special events. Mayor Lomeo
inquired whether the school district uses any of the municipal facilities and Mr. Bond was
uncertain.

         Mr. Kucherer was concerned about the one day when Gateway School District
has three events taking place at the same time which causes a lot of congestion with
traffic and the media. Mr. Bond assured him that it would not happen this year because
they did not want it to conflict with the Monroeville Foundation event at the Expo Mart,
Celebrate Monroeville. He stated those games will take place in another venue.

        Mr. Kucherer inquired whether a list was ever submitted of special events for the
community park to supplement the Summerfest. Mr. Bond answered some of the events
will supplement it. Mr. Kucherer questioned whether all the events are covered under the
guidelines and what they were specifically. Mr. Bond answered all of them are covered
but he did not know what they were because this is the first year the amphitheater would
be used. He added the Monroeville Arts Council is hoping to hold some of its events
there and have been contacted about other fundraising events. Mr. Harvey reported all of
the events were discussed and all the problems for each one were addressed. He added
he was impressed with the changes they made during his limited tenure as a council
representative.
Regular Meeting                             9                          February 12, 2008


       There being no further discussion, Mr. Harvey duly made a motion to approve the
ordinance and Mrs. McDevitt seconded it. Upon a roll call vote, the motion carried
unanimously.

                                  ORDINANCE 2414

       An ordinance amending Ordinance No. 2188, known as the Monroeville Noise
Control Ordinance, to include noise level limits for S-1, Conservancy Zoning District.

        There being no further discussion, Mr. Kucherer duly made a motion to approve
the ordinance and Mr. Franci seconded it. Upon a roll call vote, the motion carried
unanimously.

                                  ORDINANCE 2415

      An ordinance to provide for amendment of the 2005-2007 Capital Improvements
Budget.

      Whereupon, Mr. Kucherer duly made a motion to approve the ordinance and Mr.
Ramsey seconded it. Upon a roll call vote, the motion carried unanimously.

                                     ORDINANCE

      An ordinance amending the benefits of Monroeville Exempt and Nonexempt
Employees.

        Mr. Franci indicated that he would like more information concerning this matter
before the vote. Whereupon, Mr. Franci duly made a motion to table the ordinance and
Mr. Kucherer seconded it. Upon a voice vote, the motion carried unanimously.

                                  ORDINANCE 2416

        An ordinance amending the general qualifications for Police Patrol Officers as
specified in Ordinance No. 2361, as recommended by the Monroeville Civil Service
Commission.

        Mr. Dice suggested an affective date of March 15, 2009 should be added to the
ordinance with a caveat that if the eligibility list is voided during the next two year
period, the ordinance should be reviewed and amended accordingly. He indicated this is
to make sure those on the eligibility list would continue to have the opportunity to be
qualified candidates for the office of patrol police officer.

       There being no further discussion, Mr. Franci duly made a motion to approve the
amendment to the ordinance and Mr. Kucherer seconded it. Upon a roll call vote, the
motion carried unanimously.
Regular Meeting                             10                          February 12, 2008


      Furthermore, Mr. Franci made a motion to approve the ordinance, as amended,
and Mr. Kucherer seconded it. Upon a roll call vote, the motion carried unanimously.

                                 PUBLIC COMMENTS

                                   DIANE ALLISON

        Mrs. Diane Allison came forward representing the residents on Jamison Lane and
introduced Ms. Leslie Marucci, a resident of 141 Jamison Lane, who also came forward
to express her concerns for her three children’s safety. Mrs. Allison inquired about the
memorandum of understanding that was discussed at citizen’s night and whether all the
parties had to sign it. Mr. Dice explained that one of the conditions of approval for the
site plan was that if this is not agreed to then the second building could not be done
unless an alternate access or a widening of Jamison Lane was made.

        Mrs. Allison inquired whether eminent domain is an option at this point. Mr.
Dice stated unequivocally that council would not entertain eminent domain. Mrs. Allison
inquired whether any other entities could do it such as the county redevelopment
authority taking Jamison Lane by eminent domain. Mr. Dice indicated eminent domain
was included in the several alternatives that were discussed by the county but they have
not gone forward with them. Again, Mrs. Allison voiced her concern about who would
have jurisdiction for local road decisions, the county or the municipality. Mr. Dice again
stated council would not go through eminent domain. Mrs. Allison questioned whether
he would defend the residents. Mr. Dice was uncertain whether there is a defense
because it is so speculative. Mrs. Allison voiced her concern because there were
surveyors at the Eckerd easement taking measurements to widen the road. She wanted to
know what was happening and Mr. Dice answered there are discussions between
Elmhurst and Eckerd. Ms. Kaltenbaugh reported of her meeting with them last week and
reported Rite Aid has purchased the property and agreed to given them the right-of-way.
She stated the county has directed Elmhurst to pursue the design for widening the road in
case something would go wrong with the MOU.

         After a brief discussion, Mr. Dice suggested the county executive really wants the
Tech One property to be developed and the two roads would help that development. He
added everybody wants to see Jamison Lane closed. Mrs. Allison was concerned about
what Elmhurst will do. Mr. Dice explained negotiations have taken place and he felt they
intend to get those two roads through the property whether or not Jamison Lane gets
widened so the property will be developed. Mrs. Allison could not understand why they
were spending money surveying Jamison Lane. Mr. Dice was uncertain why but part of
it will probably be the closure of Jamison Lane from the Bechtel property. Mayor Lomeo
suggested they would lose their incentive once the turning lane is made. Mr. Dice
indicated that the county and Tech One want to see those second accesses with the
closure of Jamison Lane not Elmhurst. Mrs. Allison asserted this developer has not had
to contribute anything to road improvements concerning this development. Mayor
Lomeo questioned what Monroeville is doing to ensure the safety and concerns of the
residents on Jamison Lane now that the turn lane may happen.
Regular Meeting                            11                          February 12, 2008



        Mayor Lomeo explained that if Elmhurst gets the turning lane approval, they have
satisfied the requirements under the code and site plan but the same issues exist. He felt
the municipality should have a plan for road improvements on Jamison Lane if the access
is not obtained through Tech One. Mrs. Allison asserted they need a valid traffic study
indicating whether or not Jamison Lane can handle the additional traffic.

        Mr. Bond asserted that the preferred solution is what is contained in the MOU
with two alternate entrances and Jamison Lane closed. Mrs. Allison indicated her
concern was because the surveyor indicated they were going to widen the road. Mr.
Bond stated the county is pushing for the MOU. Mrs. Allison inquired who was pushing
for the widening and Mr. Bond answered that would be an alternative option. Ms.
Kaltenbaugh explained the intersection is substandard and does not line up with Oxford
Drive and maybe the county is going to improve it. She asserted that the ground taken
from the Rite Aid property would correct it and make it a better intersection.

       Ms. Kaltenbaugh questioned whether the MOU would be executed and Mr. Bond
was uncertain. He suggested the county executive needs to come back out to report on
the progress.

        Further lengthy discussion ensued. Mr. Dice again explained the county will
press the property owner to get those two rights-of-way or roads done to ensure that Tech
One is developed. Mrs. Allison agreed that this is a beautiful piece of property to
develop. Mr. Dice indicated there are large developments that want to come into
Monroeville but cannot locate on a public street which is one of the financial
requirements.

        Mayor Lomeo asserted that it is council’s preference for Elmhurst and Bechtel to
access through Tech One and Mr. Dice answered affirmatively. Mr. Bond was hopeful
that the MOU would be before council in March. He recommended the county executive
do a follow-up meeting on the results from the engineering study with all the parties
together to explain the MOU. Mayor Lomeo requested another neighborhood meeting be
scheduled. He was concerned whether the road improvements will happen on Jamison
Lane if they have the easements. Mrs. Allison was very concerned with the surveyors on
the property. She inquired whether the goal is to get those two access roads to be able to
market the property. Mr. Dice asserted that has been the focus for the last three to five
months. Ms. Kaltenbaugh added the county assisted in those negotiation meetings to
bring the parties together. Further discussion ensued regarding the loop road. Mayor
Lomeo indicated the meeting was to be scheduled for February so the municipality would
have more information on the easement and MOU.

        Mr. Harvey inquired about the problems with the trucks. Ms. Marucci answered
they travel Jamison Lane during school times and make left-hand turns. Mrs. Allison
explained how the trucks from the site do all the things they are not supposed to do. Mr.
Harvey indicated these violations with the trucks are not vehicle code or federal
violations but conditions of the building which is a different type of enforcement. He
Regular Meeting                             12                           February 12, 2008


questioned what would make the street safer. Mayor Lomeo asserted there are no
calming devices. Mrs. Allison indicated they requested a stop sign at Hemlock and
Jamison Lanes but there were no Bechtel employees then. Ms. Kaltenbaugh stated
calming devices will not be necessary because they are working on getting the two access
roads. She indicated that Jamison Lane may need to do some testing for traffic calming
after the two accesses are done. She felt Bechtel is just covering all their options and if
there is money to widen the road to correct the intersection, it would be beneficial to the
municipality.

       Mayor Lomeo felt the municipality should assume they have the easement and
consider the traffic calming devices on Jamison Lane. Ms. Kaltenbaugh explained the
modifications to the traffic signal for the turn and the handicapped. She added they have
agreed to the handicapped crossing even if the entrance is not widened. Mayor Lomeo
questioned whether the anticipated date is still August 1, 2008 and Ms. Kaltenbaugh
answered affirmatively. She stated that would allow for the second phase to use it.

        Ms. Lu Randall came forward to inquire what would happen if they do not follow
the conditions of the site plan and Ms. Kaltenbaugh answered they will not get their
occupancy. She added Bechtel is aware that if the access was not worked out they would
not get their occupancy for the building. Ms. Randall voiced her concerns about working
together because she was curious of who would be next to be near a development. She
felt people need to be included more in the process with the rezoning and questioned how
the rezoning map could be made public earlier. Ms. Kaltenbaugh indicated that she has
not worked on the map only the narrative.

        Mayor Lomeo questioned whether the same kind of meetings could be scheduled
 that were held for the comprehensive plan in 1993 or 1994. Ms. Kaltenbaugh answered
she has taken the suggestions from those meetings.

         Ms. Randall was concerned about not hearing enough when a large development
is being considered and she suggested consideration of the rezoning could be made more
open. Ms. Kaltenbaugh indicated that it is a work process in rough draft and it should not
be shared at this point. She was hopeful that she would have a rough draft in a month and
public meetings would take place before it goes to the planning commission. She
reported she is trying to make the current ordinance comply with the law and she does not
want to infringe on the residential areas. She explained the most intense commercial
districts are the mall and the hospital and those would be reviewed first. She asserted that
she is trying to incorporate some the streetscape program into an overlay zoning district
for Route 22. She reported every three weeks she meets with the solicitor from the
zoning hearing board and the municipal solicitor’s office to review the legal concerns.
Ms. Randall again suggested that the communication be open and more citizens input be
included.

        Mayor Lomeo suggested that once the draft is disclosed then public meetings will
take place and changes can be made. Ms. Randall indicated people are concerned about
getting stuck in a Jamison Lane problem. Ms. Kaltenbaugh reported that she tried to get
Regular Meeting                            13                          February 12, 2008


the two property owners together from the beginning without success but the county and
state assisted in the negotiations.

                                 LOIS DRUMHELLER

        Mrs. Lois Drumheller, a resident of Scott Drive, came forward to compliment the
municipality on its webpage. She suggested it could possibly be used to poll people for
their opinion. Ms. Kaltenbaugh agreed and assigned her assistant to do a specific page
which would include a question of “what would you change about the zoning ordinance.”
She was hopeful there would be a section on what’s developing and ask the planner. She
indicated the zoning ordinance will be more available, and the comprehensive and
streetscape plan will be easier to find. Mrs. Drumheller asserted it is already easier to
find the comprehensive plan.

        Mrs. Drumheller referred to Ordinance No. 2306 enacted September 14, 2004
which established the Monroeville Growth Alliance. She also got the minutes of the
growth alliance board meeting of December 18, 2007 which contained 42 words to
address the board’s decision to dissolve itself. She questioned whether there was any
documentation that would have been presented to the citizens of why the dissolution took
place of the MGA. She reported of the unpublished letter from the MGA members with
no signatures contained no status of the MGA at its dissolution, the outcome of the board
of director’s duties, a treasurer’s report, an assessment of its dissolution and the
recommendations from that point on as a result of their tenure. She indicated that she
requested an accounting in January.

        Mrs. Drumheller specifically questioned the solicitor about the acknowledgement
of an MGA vote. Mr. Dice asserted he has never been at one of their meetings. Mrs.
Drumheller inquired how he was sure that a vote took place and Mr. Dice answered
because of the letter submitted. A discussion ensued regarding the letter and the minutes
of December 18, 2008. She read the 42 words, “Dave Kucherer made the motion to
dissolve the Monroeville Growth Alliance with the understanding that there are no fixed
or real assets to be sold or distributed. Len Bizyak seconded the motion. Board members
vote unanimously to dissolve the Monroeville Growth Alliance.” Mayor Lomeo
questioned whether it stated who the board members were that voted and Mrs.
Drumheller answered negatively. Mr. Dice inquired whether the minutes listed who
attended the meeting and Mrs. Drumheller answered affirmatively.

        Further discussion ensued regarding the meeting. Mayor Lomeo inquired whether
anyone present could answer her question of why it was dissolved. Mrs. Drumheller
requested the percentage of the goals achieved be discussed which is required by the
ordinance establishing the group and felt an accounting of those goals should have been
provided in the minutes. Mr. Dice inquired whether the group had any money or bank
accounts and Mr. Bond answered negatively. Mayor Lomeo questioned whether there is
a report of the MGA’s goals and whether they reached them. Mr. Bond asserted the
MGA reviewed some alternatives such as the Business Improvement Districts (BIDs).
Mayor Lomeo inquired whether there was any documentation listing their goals and Mr.
Regular Meeting                             14                          February 12, 2008


Bond answered negatively. Mrs. Drumheller inquired about the termination or
dissolution and what could have been done to make it better. Mayor Lomeo felt the
group got upset and quit. He suggested there is no documentation because the group was
bitter.

                                    MARY E. DAVIS

        Ms. Mary Davis, a resident, came forward to question the discussion about
whether three new policemen would be hired. She inquired how the municipality could
give the upper management a 4 percent raise but cannot hire three police. She agreed
with Mr. Brown concerning granting monies to the swimming pool but the roads cannot
be fixed. She again questioned why the policemen were not hired and Mr. Bond
answered they were not put in the budget. She was very concerned about upper
management getting a 4 percent raise but not hiring more police. Mr. Bond again stated
it was not part of the budget. Ms. Davis questioned who decides on the budget and Mr.
Bond answered council. Ms. Davis asserted it was in the budget that three police would
be hired. Mr. Bond explained there were a number of discussions with proposals for
increases and decreases and this was not included in the final budget document.

        Ms. Davis questioned the item on the agenda for a public input hearing for the
Pennsylvania Gaming Control Board. Mr. Bond explained there was a request to have
public input hearings in the municipal building on May 13, 2008. He indicated since that
is a council meeting night, he submitted it to council for their approval.

       Ms. Davis questioned whether Mr. Dice was a member of the gaming board and
Mr. Dice answered negatively. He explained he was to participate on a board giving
gaming proceeds to municipalities but he could not serve and then it never moved
forward.

        Ms. Davis reported she researched the gaming and found out that once the casino
on the north side is completed and monies are available for Allegheny County,
Monroeville will receive some of the $105 million dispersed. Mr. Dice answered there is
no funding yet and Senator Logan has been working on getting some of that funding if
and when they become available. Ms. Davis asserted the constituents of Monroeville
should be aware that monies will be available for different projects. She indicated it was
mentioned last year that taxes would need to be raised but this year three policemen
cannot be hired that are needed. She felt anyone using the neighborhood pools should
pay to use them instead of the municipality granting those monies that could be used for
things that are needed.

        Mr. Harvey explained all of these issues were discussed at the same time the
garbage fee was considered. He stated the garbage fees and police officers were two
different topics. He indicated the garbage fee was to relieve the budget of the refuse
department’s cost and the hiring of the police officers was discussed separately but then
they got mixed together.
Regular Meeting                             15                           February 12, 2008


        Ms. Davis was very concerned that council voted for an ordinance that the
residents did not want. She mentioned how people react different ways to stress and a
police officer is important. She felt instead of paying for the swimming pools or jazz, a
policeman should have been hired. She suggested the monies from the casinos could be
used. Mr. Harvey explained that he was under the impression that the cost for the police
officers would not interfere with the grants. Mr. Franci indicated those issues need to be
discussed further. Again, Ms. Davis was adamant that the policemen should be hired
before all the money is dispersed for the community activities. Mr. Franci answered that
he thought it was figured in because they would be hired by staggering them and Mr.
Harvey agreed.

                                MADELINE HAVRILLA

        Ms. Madeline Havrilla, a resident of Thomas Street, came forward to commend
the municipality for enhancing the website and requested it be done in simple terms. She
also agreed with Mr. Brown’s priorities. She questioned whether the ordinance amending
the benefits was in the budget and Mr. Franci explained he requested it be tabled because
it was uncertain. Ms. Havrilla questioned whether there was an answer for the blasting
that was taking place at Waste Management. Mr. Hugus explained the DEP has
jurisdiction over blasting with the state and the only thing the municipality is allowed to
do is restrict the storing of blasting agent within the municipality. He indicated the
company cannot leave anything here; it has to be brought in and taken away the same
day. Ms. Havrilla inquired what recourse the citizens have about the levels and Mr.
Hugus answered the DEP sent the representative with the seismograph to measure the
waives from the blast which will be reviewed. Ms. Havrilla was concerned about the
coal in the mines in that area and Mr. Hugus answered that would fall under the
Department of Mines and Reclamation. Mayor Lomeo asserted the information will be
given to her. Ms. Havrilla inquired whether there are any plans for the airport at this time
and Mr. Hugus explained they are using the lands for storage of some of the rock they are
taking out to build cells within the landfill. Ms. Havrilla was concerned about the house
recently built in the area and Mr. Hugus indicated they are only storing rock at this time.

       Ms. Havrilla requested the gaming commission meetings be scheduled for a
Saturday so more residents would be able to attend and Mayor Lomeo indicated the state
would decide. Mr. Harvey stated they only requested to use the municipal building and
Mr. Bond asserted he could request the day be changed.

       Ms. Davis again come forward to report that she was pleased with the chairman of
the zoning hearing board with how he handled the issue with the building for the
proposed flower shop. She inquired whether Ms. Kaltenbaugh is qualified to give legal
advice because she gave some at that meeting. She was hopeful that she would be
impartial to anyone she dealt with at the municipal building to the issue at hand. Mayor
Lomeo asserted the board has a solicitor and Ms. Davis answered the solicitor did not say
anything. She explained what happened at the meeting. Mr. Dice explained that zoning
hearing board is an adversarial proceeding and Ms. Kaltenbaugh represents the
municipality and may become an advocate because a developer disagrees. Ms. Davis
Regular Meeting                             16                           February 12, 2008


explained her experience as an administrative law judge for the commonwealth making
decisions for over 200 jurisdictions for legal aid. She felt Ms. Kaltenbaugh advocated to
the applicant and Mr. Dice asserted that could have been in support of the municipality.

        Ms. Kaltenbaugh explained her job as the zoning officer is to interpret the zoning
ordinance. She reported there is currently a garage at that location and the proposed use,
a beauty shop and florist, is less intensive. She indicated the garage will be eliminated
and they will no longer work on the vehicles in the parking lot. She stated all the outside
disturbances will be eliminated and this lesser use is permitted with less impact on the
neighborhood. She asserted if this use was not approved another vehicle use could go in
there.

        Further discussion ensued and Mr. Kucherer concurred with what Ms.
Kaltenbaugh reported of the meeting. Ms. Davis indicated she does not misinterpret
things and Mr. Bond would make a determination.

                             GEORGIANNE WOODHALL

        Ms. Georgianna Woodhall, a resident 4560 Broadway Boulevard, came forward
to submit a photograph of Route 130 the day before around noon showing where all the
ice had built up. She requested an update and Mr. Franci indicated nothing has transpired
since the meeting with PennDOT. Ms. Woodhall reported Mrs. Skolnick contacted
PennDOT and was informed that the developer would be responsible if it was caused by
their development. She stated this area may not be their responsibility but the one further
down the road is. Mr. Bond reported a meeting was held with PennDOT and they said
the catch basin and pipe were open but he was uncertain what caused the ice buildup that
she referred to. He indicated PennDOT has been notified of the flooding area further
down on Route 130. Ms. Woodhall knew the municipality has done everything they
could. Mr. Bond indicated PennDOT has been responsive but the municipality is
attempting to address the other problems of continual flooding. Mayor Lomeo requested
she be provided a telephone number.

       Ms. Woodhall was disappointed because additional police officers would not be
hired. She felt bad the officers were not going to be hired because of the garbage fee.
She mentioned the ordinance amending the benefits for the exempt and nonexempt
employees. She felt the employees are paid well and have good benefits but she could
not agree the area of public safety should be cut. She suggested the salary structure
should be reviewed.

                                REPORT OF OFFICIALS

                                MAYOR JAMES LOMEO

       Mayor Lomeo read into the record his letter of resignation affective February 13,
2008 at 5 p.m. (see attached). He excused himself at this time and left the meeting with
his family.
Regular Meeting                             17                          February 12, 2008



        Deputy Mayor Carol McDevitt took the mayor’s place at this time.

                           COUNCIL MEMBER’S REPORTS

                   FIRST WARD COUNCILMAN FRANK FRANCI

       Mr. Franci congratulated the mayor on his decision and stated he enjoyed working
with him. He wished him well.

        Mr. Franci was happy to see the appointments made to the redevelopment
authority. He considered it an interesting twist for the RDA because some of the
staunchest opponents are now the people appointed to make it work which could benefit
the community to bring about a solution. He congratulated the appointees and looked
forward to working with them.

                SECOND WARD COUNCILMAN DAVE KUCHERER

        Mr. Kucherer voiced his surprise of the mayor’s resignation and he wished him
well.

                    THIRD WARD COUNCILMAN RON HARVEY

         Mr. Harvey voiced his appreciation to Mayor Lomeo for making the vote to break
the tie for his appointment. He indicated his shock and wished him luck.

       Mr. Harvey reported that Fire Company No. 5 will be holding an open house on
May 25, 2008. He mentioned their two new trucks and that there will be tours of the
building. He announced there will be refreshments and it will begin at noon.

       Mr. Harvey inquired whether any action could be taken on vacant houses and
properties not paying their taxes. He was concerned about them because they could
become a health hazard to the neighborhood. He reported there are currently a dozen of
them in Monroeville and inquired what could be done. Mr. Dice briefly reviewed the
process and reported public hearings would be scheduled. He indicated the building
could be demolished and a lien would be placed on the property for the cost. He
suggested the property could then be made more marketable and he reviewed the
requirements for condemnation.

        Mr. Hugus explained there is a two-tiered system with property maintenance and
structural soundness. He indicated if a structure is unsound then it can go through the
condemnation process and be demolished but it would only be a maintenance issue if it is
found to be sound.

       Mr. Dice added the county would be the entity that would move forward on
delinquent taxes with a sheriff’s sale. He suggested the school district may also want to
Regular Meeting                              18                           February 12, 2008


support the issue but it may have costs. He stated it is property maintenance, demolition
and business decisions about the sheriff’s sale.

         Mr. Hugus explained the different properties with absentee owners or landlords.
He reported there are a number of them throughout Monroeville. Mr. Brown asserted
that it becomes a problem when the dollar value of the liens exceeds the actual value of
the property which discourages potential buyers. Mr. Bonded noted that the City of
Pittsburgh has dealt with this recently. Mr. Harvey was more concerned about the health
hazards as opposed to the taxes.

                  FOURTH WARD COUNCILMAN JAMES BROWN

        Mr. Brown thanked Councilman Harvey for bringing up the subject and reported
of an abandoned structure in the middle of Turnpike Gardens and anything that can be
done he would appreciate.

      Mr. Brown voiced his shock of the mayor’s resignation. He wished Mayor
Lomeo good luck on his endeavors.

         Mr. Brown explained his vote on the swim club grants was not an easy decision
but it is an honest position. He suggested even though they have been subsidized for over
20 years it is not a successful enterprise.

       Mr. Brown welcomed Ron Crone to the Recreation and Parks Advisory Board
and Dave Kerchner to the Municipal Authority. He thanked Rick Tieren for his service
on the Municipal Authority.

        Mr. Brown reported that District Nos. 1 and 2 of the Fourth Ward have been
voting at Fire Hall No. 4 for the last few years. He has been working to get the polling
place relocated back to where it was and gave a brief overview of why it was moved. He
explained that for 35 years the polling place for Districts 1 and 2 were located at 4518
Northern Pike which housed the old Northern Pike Elementary School and later a campus
for Penn State University. He reported during the late 1990s the previous owner of the
building petitioned Allegheny County Department of Elections to have the polling place
removed and it was moved to the fire hall which is located in the fifth ward. He indicated
the reason was because there were no other viable facilities in the fourth ward suitable for
voting. He stated the fire hall is adequate but lacks the more preferable characteristics of
Grace Baptist Church such as accessibility because curb service is available. He also
mentioned the traffic light at West Patty Lane and Northern Pike provides better traffic
flow than the fire hall. He reported he has met with the county election officials to
discuss the relocation of the polling place from the fire hall back to the original building.
He indicated he received word Sunday night that the leadership of Grace Baptist Church
approved the use of their church as a polling place for the fourth ward and now it is up to
the county to initiate the final move. He was hopeful this would be available in the
upcoming election on April 22, 2008 and thanked everyone who helped him bring it
about.
Regular Meeting                             19                           February 12, 2008



              SEVENTH WARD COUNCILMAN CLARENCE RAMSEY

       Mr. Ramsey expressed his surprise of the mayor’s resignation and wished him
well. He reported he checked to see if Wal-Mart is still available and it is not but
something else may go in that area. He was hopeful the democrats could come up with
someone to appoint for mayor.

               SIXTH WARD COUNCILWOMAN CAROL MCDEVITT

       Mrs. McDevitt appointed the council committees at this time for 2008 (see
attached).

       Mrs. McDevitt extended best wishes to the mayor.

        Mr. Kucherer inquired why the appointment to the Convention and Visitors
Bureau would be announced later and Mrs. McDevitt answered it is because she has not
chosen anyone yet. Mr. Kucherer questioned whether it would be vacant and Mrs.
McDevitt answered affirmatively. Mr. Dice advised that according to the charter, the
current representative continues to sit in that position until an appointment is made. Mr.
Kucherer referred to the ordinance for the Convention and Visitors Bureau which
stipulates that it must be a member of council and since Mr. Danzilli is no longer a
member, he cannot serve. Mr. Kucherer read the section, “one ex-officio member from
municipal council.” Mr. Dice reported it reads, “Council shall make an appointment of
one ex-officio member from council. The ex-officio member shall sit as an ex-officio
member until he or she is replaced by municipal council.” He advised it could be read
either that person has to be a member of council or that council gets to pick one coming
from council. He indicated currently Mr. Danzilli occupies that seat and the ex-officio
member shall sit as the ex-officio member until such time as he is replaced by municipal
council. He interpreted that to mean that he sits in the seat until he is replaced. He
explained it does not say it must be a council member but he felt that is the intention. He
added he could sit until he is replaced because the ordinance requires that the seat be
filled.

        Mr. Kucherer questioned how he could serve on the board because he is no longer
a member of council but merely a citizen. Mr. Dice indicated that the ordinance does not
specifically say that the person council selects must be a member of council. Mr.
Kucherer contended that if he is not on council, he is a citizen. Mr. Dice questioned
whether it is possible for council to sit someone on the board as an ex-officio member of
the board that is not a council member. He interpreted it to mean that the member would
be a board member not necessarily a council member and it states he would sit until he is
replaced. He indicated the only way the seat is vacated is if the deputy mayor would
appoint someone.
Regular Meeting                             20                          February 12, 2008


       Mr. Kucherer asserted that given the problems that the auditors have found with
the Convention Visitors Bureau it is prudent to have a member of council sit on the
board. He reported there have been letters from the auditor expressing these concerns.

                                SOLICITOR’S REPORT

        Mr. Dice expressed his appreciation to the mayor for his work and indicated he
enjoyed working with him. He advised it would be appropriate for council to accept the
resignation via a motion. Whereupon, Mr. Franci duly made a motion to accept the
resignation of Mayor Lomeo with regret and Mr. Ramsey seconded it. Upon a roll call
vote, the motion carried unanimously.

         Mr. Dice referred to Section 2104 of the Home Rule Charter that sets forth the
process for filling the vacancies and advised the council has 45 days to fill the vacancy.
He stated failing to make the appointment, it will be made by the Court of Common Pleas
and the appointment will run from the day of appointment through December 31, 2008.
He felt that since it is 60 days before the next primary election there could be candidates
that could run for the seat to fill the unexpired terms. He suggested the term would end
the first Monday of 2010. He gave an overview of the election process that any candidate
may have to take.

        Ms. Mary Davis came forward to inquire about Section 307, Organization of
Council and Mayor, whether the deputy mayor would hold the office until somebody else
is elected. Mr. Dice referred to Section 2104 where the position would be made by the
court if council does not do it within 45 days. Ms. Davis stated that it does not specify
mayor and Mr. Dice contended that it refers to elected office. She pointed out Section
307 indicates the deputy mayor will hold the office of mayor until someone else is
elected. Mr. Dice answered she will until council appoints the mayor then that person
can run for the office. Further discussion ensued, Ms. Davis indicated she understands
Section 2104 but she felt it does not specifically state in the case of the mayor.

        Mr. Ramsey inquired whether the vacancy would be advertised and Mr. Dice
answered affirmatively. Mr. Brown suggested the department of election needs to be
called immediately.

                                MANAGER’S REPORT

                       AUTHORIZATION OF ADVERTISMENT

      Mr. Bond requested authorization to place a quarter-page advertisement in the
Gateway Gator Baseball Media Guide for the 2008 Baseball Season in the amount of
$75. Whereupon, a motion was duly made by Mr. Harvey to approve the authorization
and Mr. Ramsey seconded it. Upon a voice vote, the motion carried unanimously.

        Further, Mr. Bond requested authorization for permission to place a half-page
advertisement in the Gateway High School Musical Brigadoon Program Booklet in the
Regular Meeting                            21                          February 12, 2008


amount of $90. Whereupon, Mr. Franci duly made a motion to approve the authorization
and Mr. Kucherer seconded it. Upon a voice vote, the motion carried unanimously.

        Mr. Bond explained he received a request from the Gaming Control Board on
behalf of CE Palace located in Monroeville for permission to use the municipal facility
for a required public input hearing on May 13, 2008. He added that is a council meeting
night which starts at 7:30 p.m. and this hearing would be held during the day.

        Mr. Harvey felt the Municipal Center was built for such functions and as along as
the hearings do no run close to 7:30 p.m., it should not be a problem. Mr. Kucherer had a
problem with the Gaming Control Board holding a meeting in the municipal building for
a casino. He felt it should be held at a neutral location and it would not be prudent for
council to allow it. Mr. Harvey contented it is a form of government from the state to get
the resident’s input about the casinos that could happen here. Mrs. McDevitt pointed out
that the one resident had earlier requested the meeting be changed to a Saturday so
everyone could attend. Mr. Brown suggested the hearings could be recorded with replays
shown. Mr. Bond answered it could be requested. Mr. Kucherer was not in support of
having it held on a council meeting night because TV-15 needs to properly prepare the
room. Mr. Franci did not want it to be perceived that by allowing the hearing to be held
at the municipal center, it was endorsing the issue. He felt using another facility would
be better for everyone. Whereupon, Mr. Kucherer duly made a motion to deny the
request and Mr. Franci seconded it. Upon a roll vote, the motion carried with four
affirmative votes and two negatives votes. The voting was as follows: Messrs. Franci,
Kucherer, Ramsey and Mrs. McDevitt voted affirmatively; Messrs. Harvey and Brown
voted negatively.

         Mr. Bond then introduced Mr. Scott Dellett the new assistant director of
community development. He briefly reviewed his background and he looked forward to
having him work with the municipality. He reported that he would work with the
planning director as the new liaison with the redevelopment authority which has as its
first task a redevelopment plan.

                                   ADJOURNMENT

       There being no further business to come before council, at this time, a motion was
duly made by Mr. Kucherer to adjourn the meeting at 10:40 p.m. and Mr. Harvey
seconded it. Upon a voice vote, the motion carried unanimously.

                                             Respectfully submitted,




                                             Marshall W. Bond
                                             Municipal Manager
Regular Meeting   22   February 12, 2008


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