Oakmont Borough Council (Final) 108 Minutes of the Regular Meeting December 13, 2010

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1 Oakmont Borough Council (Final) 108 CALL TO ORDER The Regular Meeting of Oakmont Borough Council was called to order at 7:00 PM by President Favo in Council Chambers of the Municipal Building, 767 Fifth Street, Oakmont, Pennsylvania PLEDGE OF ALLEGIANCE All those who were present and able stood and recited the Pledge of Allegiance. ROLL CALL Present: Visitors: Council Members Donovan, Milberger, Ride, Saxon, Scott, Vagley and President Favo; Solicitor Shoop; Mayor Fescemyer; Chief DiSanti; Borough Manager Jamison and Assistant Borough Secretary Jensen Elena Colianni, Nathan English, George Guido, Erin Hill, Paul Jenkins, Brian Marrinan, Dan McCurdy, Jennifer McGrath, Tom Meising, Fr. Jeffrey D. Murph, Bill Peoples, Paulette Rock, Summer Tissue and Rich Williams Death of Carol Coates President Favo announced the loss of 15-year Borough employee, Carol Cookie Coates, on December 9, 2010, and asked for a moment of silence. President Favo made mention of the sweetness that everyone saw in her and asked if anyone wished to make any other comments. Mayor Fescemyer said Mrs. Coates had been very helpful to him since he had taken office and that he could not have mastered the Borough s computer system without Mrs. Coates. REGISTERED COMMENTS FROM THE PUBLIC ARB & Delaware Construction Problems Dan McCurdy, owner of the Oakmont Deli, said he wished to double what had been said about Mrs. Coates, whom he described as a great woman. Since construction at the intersection of Allegheny River Boulevard and Delaware Avenue began, Mr. McCurdy said he never knew how valuable the parking was down on the Boulevard. He said he heard complaints all day about how terrible the parking is. Mr. McCurdy also mentioned that the signage alerting drivers to the construction ahead was confusing. He asked if there were any way for sign to read simply Construction Ahead, instead. Cones might also help to direct traffic, he suggested. Mr. McCurdy estimated that business was probably down about 30% in the area since the construction began. He suggested that Council consider getting a ticket officer like there used to be on the Boulevard once again.

2 Oakmont Borough Council (Final) 109 Mayor Fescemyer said he was afraid that if we raised the cost of getting a ticket as a deterrent, we might lose business. He suggested that business owners be asked not to park on the Boulevard in order to free up some spaces. Mr. McCurdy said he knew the business owners were the main violators of overtime parking on the Boulevard. He said he thought that forming a committee of merchants and Borough people to address some of these issues might help. President Favo agreed with this. Mayor Fescemyer saw the biggest problem at present as the Road Closed on the Boulevard, when road is actually not closed. He said he wanted to do away with this sign. President Favo told Chief DiSanti he was to feel free to do whatever he thought would work. Mayor Fescemyer said this would be done first thing tomorrow morning. In the meantime, President Favo said Borough officials would be getting together with contractor Pampena to button it up. He felt there was nothing left to do, construction-wise, that required warm weather to complete the project; that only dry weather was needed for the mortar sand to set. There were no other comments from the public at that time. COUNCIL PRESIDENT S MESSAGE Public Hearing, St. Thomas Church Day Care Center President Favo announced that a Public Hearing would be held on Monday, December 20, 2010 at 7:00 PM in Council Chambers on the Conditional Use Application of St. Thomas Church at Fourth Street and Delaware for a day care center on church property. Mr. Favo said St. Thomas had made a presentation to Council on this request at the previous week s Work Session. He explained that, due to time constraints inherent in the project, Council would be voting on the Conditional Use Application the evening of the 20th. SOLICITOR S REPORT Solicitor Shoop has nothing to report that evening. CORRESPONDENCE There was no correspondence to read that evening. BOROUGH MANAGER S REPORT Fairways Street Lighting Borough Manager Jamison reported that the Fairways Condominium Association has agreed to install street light fixtures that can be repaired by Duquesne Light, and to pay for the installation costs. Mr. Jamison said the Borough was desirous of obtaining a formal agreement with the Condominium Association which clearly outlines both the Borough s and the Fairways responsibilities. He also stated that the Borough would not assume the costs for installing underground wiring for the fixtures, should the Condominium Association decided to install this kind of wiring, and that Duquesne Light Company was only responsible for what is aboveground.

3 Oakmont Borough Council (Final) 110 Mr. Jamison said he was meeting tomorrow with Fairways and Duquesne Light officials to discuss this further, and that he would report back on this meeting at the December 20 meeting of Council. Edgewater Developments and Railroad Traffic Mr. Jamison said he had met that day with representatives from the Allegheny Valley Railroad, the Pennsylvania Public Utilities Commission (PUC) and A. Richard Kacin developers to discuss traffic and safety issues surrounding around the College Avenue railroad crossing. Another meeting with traffic consultants, TransAmerica, Inc. and the PUC will be held to discuss issues further. Redeemer Lutheran Update The Borough Manager reported that a surveyor had measured the height of the Redeemer Lutheran Church building housing the church school for compliance with Borough regulations. The building height, at 34.5, complies with Borough zoning regulations. Mr. Jamison said he also found out that the building height had been measured once before for the same reason. ARB & Delaware Avenue Update Reiterating what President Favo had said, Mr. Jamison said his aim was to get this project completed as soon as possible. CPA Lynn Beck, Letter of Understanding Manager Jamison said the Borough had received a Letter of Understanding from CPA Lynn Beck agreeing to perform an internal audit at year end for MAYOR S REPORT Monthly Police Report - At Mayor Fescemyer s request, Police Chief DiSanti reviewed portions of his November 2010 Police Report for those present. He wished those present a Merry Christmas and asked everyone to remember those who serve 24 hours a day. Monthly OVFD Report - Fire Chief Bill Peoples reported on the Fire Department s activities for November Chief Peoples mentioned an incident where the police department was called out to respond. Since the police are not first responders, said Chief Peoples, he did not understand why they had been called out. He also mentioned an accident at Thirteenth Street where a street sign was damaged. Since the sign was on the Plum Borough side of the street, it was Plum Borough who responded. Chief Peoples said he would get a report on this accident to Chief DiSanti. APPROVAL OF MINUTES Ms. Ride offered a motion to approve the Minutes from the Regular Meeting of November 8, 2010, as written. Mr. Scott seconded the motion. The motion passed, 7 to 0. COMMITTEE REPORTS Financial Committee Ordinance No. O , Adopting the 2011 Budget Vice President Ride offered Ordinance No. O , and moved that it be placed on First

4 Oakmont Borough Council (Final) 111 Reading, an ordinance adopting the Budget, levying and assessing taxes, and making appropriations in and for the Borough of Oakmont, for the fiscal year ending the 31 st day of December Mr. Milberger seconded the motion. Mr. Donovan said that an Agenda item on Act 77 had been taken off that evening s Agenda and asked if further discussion on Act 77 would be precluded if the 2011 Budget were passed that evening. A lengthy discussion followed on who is authorized to set the Agenda and to add and remove Agenda items. Mr. Donovan read from the Pennsylvania Borough Code which states that the Borough Manager is authorized to prepare the Agenda. Solicitor Shoop said the President of Council has the authority to remove items from the Agenda. Whether or not the Manager agrees is another thing, he added. President Favo said he was in favor of Act 77 for Oakmont, but thought that more discussion was needed. Vice President Ride suggested that this discussion occur now since 2011 Budget figures would be affected if Act 77 were to be adopted. Mr. Jamison said he had prepared two versions of the Budget, one including Act 77 and one without, in anticipation of this discussion. Mr. Donovan then gave a recap of the more important aspects of Act 77, concluding that a savings of approximately $67.50 per qualified property owners could be had, in addition to the Homestead Act exemptions. Noting that those qualifying for Act 77 would be identified by name, President Favo then asked if anyone on Council wished to recuse himself or herself due to a conflict of interest in connection any Oakmont relatives who may qualify for Act 77. Specifically, Mr. Favo noted that Mr. Donovan s father-in-law would quality for Act 77. Mr. Donovan deferred to Solicitor Shoop, who said that Mr. Donovan did not have to recuse himself because this did not represent a conflict of interest. Mr. Jamison gave a brief explanation of how the Fund Balance would be affected, both with and without the inclusion of Act 77. Ms. Ride and Mr. Milberger both withdrew their original motions with regard to Ordinance No. O , and Vice President Ride next offered a motion to include Act 77 tax relief provisions in the 2011 Budget before Council. Ms. Vagley seconded the motion, noting that it seemed like Oakmont had been one of the last communities to adopt these provisions. Vice President then offered Ordinance No. O , and moved that it be placed on First Reading, an ordinance adopting the Budget, levying and assessing taxes, and making appropriations in and for the Borough of Oakmont, including Act 77 tax relief provisions, for the fiscal year ending the 31 st day of December Mr. Milberger seconded the motion.

5 Oakmont Borough Council (Final) 112 Vice President Ride read the ordinance in its entirety. President Favo declared the ordinance passed on First Reading. Ms. Ride then moved that the rules be suspended, the ordinance placed on Second and Third Reading, read by its short title and finally passed. Ms. Saxon seconded the motion. Ms. Ride read the ordinance by its short title. President Favo declared the Ordinance enacted. Recorded in Ordinance Book Volume 31, Page 10, as Ordinance No. O Reenact Act 511 Taxes Vice President Ride offered a motion to reenact all Act 511 Taxes, i.e., Earned Income Tax, Real Estate Transfer Tax and Local Services Tax, at existing rates for Mr. Donovan seconded the motion, which passed 7 to 0. Warrants Vice President Ride moved to approve the Warrant List for November 2010, dated December 13, 2010, showing the following expenditures: Fund Amount General Fund $89, Boulevard Project Fund $5, Kerr Museum Fund $1, Library Fund $102, Liquid Fuels Fund $6, Sewer Fund $158, Sewer Deposit Fund $ Capital Fund (Parks) $2, Capital Fund (Roads) $22, Capital Reserve Fund $ -0- Operating Reserve Fund $ Mr. Milberger seconded the motion, which passed 7 to 0.

6 Oakmont Borough Council (Final) 113 James Tarasi Retirement Conditions Ms. Ride offered a motion to acknowledge the conditions agreed upon for a partial pension to retiring Oakmont Borough Wastewater Treatment employee James Tarasi, as negotiated in prior years Labor Agreements. Mr. Scott seconded the motion. President Favo explained that this particular stipulation had been negotiated and made part of the Labor Agreement about 10 or 12 years ago, and that it was as non-precedent setting in the Agreement. The motion passed, 7 to 0. Purchase of Backhoe Ms. Ride offered a motion to transfer $9,000 from the General Fund s Line Item # Contracted Dumpster Service to Line Item # Major Expenditures in the 2011 budget under Public Works. Ms. Saxon seconded the motion. Vice President Ride explained that this transfer would enable the Borough to purchase a used backhoe for $14,000, which could be used to repair curbing and other road work thereby saving the Borough money. The current owner of the backhoe, Dom Conte, has agreed to operate the equipment, train others to operate it, and make repairs, as necessary. The motion passed, 7 to 0. Bond Refinancing Vice President Ride said Council would be voting on refinancing its current bonds at the meeting being held on December 20. She gave a brief history of the proposal, noting the vicissitudes of interest rates since Council first began to explore the refinancing. Council will have the option to adopt a resolution stipulating that refinancing will occur only if the savings to the Borough, based on interest rates, will be $125,000 or higher. Public Safety Committee 2010 Library Bonuses Mr. Scott offered a motion to ratify the authorization of bonuses given to Library Board staff. Ms. Saxon seconded the motion. The motion passed, 5 to 2 on a voiced vote, with Council Members Milberger and Vagley voting No. Fairways Lighting Mr. Scott asked if the Fairways wanted to switch over their lighting from what currently exists to a style that can be repaired by Duquesne Light, if required. Mr. Jamison said this was definitely their wish. Planning and Economic Development Committee Resolution No. R , TIF Conditions Study Ms. Vagley offered Resolution No. R , and moved for its adoption, a resolution of the Mayor and Borough Council of the Borough of Oakmont, County of Allegheny, Commonwealth of Pennsylvania, authorizing and approving of the Redevelopment Authority of Allegheny County s conducting of a Basic Conditions Study on certain property located in the Borough of Oakmont for purposes of assessing blight and establishing a Tax Increment District thereon. Ms. Ride seconded the motion.

7 Oakmont Borough Council (Final) 114 Mr. Donovan asked if Council would be able to request financial statements from Edgewood developers Brooks & Blair, as a result of the TIF study. President Favo said it was not that kind of study. Mr. Donovan No Ms. Saxon Yes The motion passed 6 to 1. President Favo declared the resolution adopted. Recorded in Ordinance Book Volume 31, Page 11, as Resolution No. R Riverside Park Renovation Design Contract Ms. Vagley motioned to award the proposal for design and bid specification development on the Riverside Park Renovation Project to Environmental Planning & Design, LLC at a cost of $43, Mr. Scott seconded the motion, which passed 7 to 0. Riverside Park Renovation Construction Oversight Ms. Vagley motioned to award the proposal for construction inspection and oversight on the Riverside Park Renovation Project to Senate Engineering Company at a cost of $14, Mr. Milberger seconded the motion. Vice President Ride asked why we were hiring Senate Engineers to do this job when they are already our Borough Engineers. President Favo said this was a special project outside the purview of Senate Engineers work with us as our Borough Engineers, The motion passed, 7 to K Run and Cycle Race Ms. Vagley offered a motion to permit the Oakmont Recreation Board to hold the 5K Run and Cycle Race in Council Member Milberger seconded the motion. Ms. Vagley said the races would take place on Memorial Day, and the information sent with the Weekend Packet says how much made was made on the races in The motion passed, 7 to 0. Public Works Committee Ordinance No. O , Amending UCC on Footers - Mr. Milberger offered Ordinance No. O , and moved that it be placed on First Reading, an ordinance amending Ordinance No. O , adopting and electing to administer and enforce the Uniform Construction Code, with regard to footers. Ms. Vagley seconded the motion.

8 Oakmont Borough Council (Final) 115 Mr. Milberger read the ordinance in its entirety. President Favo declared the ordinance passed on First Reading. Mr. Milberger then moved that the rules be suspended, the ordinance placed on Second and Third Reading, read by its short title and finally passed. Vice President seconded the motion. Mr. Milberger read the ordinance by its short title. President Favo declared the Ordinance enacted. Recorded in Ordinance Book Volume 31, Page 12, as Ordinance No. O Ordinance No. O , Amending the Sewer Use Ordinance, Rate Increase Council Member Milberger offered Ordinance No. O , and moved that it be placed on First Reading, an ordinance amending Ordinance No of the Borough of Oakmont, approved March 13, 1961, and as of record in Ordinance Book Volume 15, Page 149, of said Borough, entitled an Ordinance of the Borough of Oakmont regulating the discharge of industrial wastes and prohibiting the discharge of certain wastes into the public sanitary sewage systems, so as to increase the sewerage service charge schedule of rates and the method of ascertainment of certain rate charges and making other additional provisions relative thereto. Council Member Saxon seconded the motion. Mr. Milberger then read the ordinance in its entirety. President Favo declared the ordinance passed on First Reading.

9 Oakmont Borough Council (Final) 116 Mr. Milberger then moved that the rules be suspended, the ordinance placed on Second and Third Reading, read by its short title and finally passed. Vice President seconded the motion. Mr. Milberger read the ordinance by its short title. President Favo declared the Ordinance enacted. Recorded in Ordinance Book Volume 31, Page 13, as Ordinance No. O Purchase of New Street Sweeper Mr. Milberger said that the Borough s street sweeper was in pretty bad condition and that we were sorely in need of a new one. Prices were obtained for a new street sweeper from the state s CoStars program for competitive bidding. Mr. Milberger then offered a motion authorizing the purchase of a new street sweeper from A&H Equipment in the total amount of $149,456.55, to be paid in yearly increments of $49, over three years. Mr. Scott seconded the motion, which passed 7 to 0. Purchase of Used Backhoe Next, Mr. Milberger offered a motion authorizing the purchase of a used backhoe from Dom Conte in the amount of $14,000. Vice President Ride seconded the motion, which passed 7 to 0. Catch Basin & Sinkhole Repairs Mr. Milberger said he was waiting to look at what had been spent so far of the 2010 budget on these items. If the budget allowed, he said, the sinkhole in the 600 block of Tenth Street would be repaired before the end of the year. Communication & Code Committee Ordinance No. O , Noise Ordinance Ms. Saxon offered Ordinance No. O , and moved that it be placed on First Reading, an ordinance enacting the Oakmont Noise Ordinance of 2010, and all amendments thereto. Mr. Milberger seconded the motion.

10 Oakmont Borough Council (Final) 117 Ms. Saxon said that, due to the considerable length of the ordinance, it would not be read in its entirety that evening; however, the entire ordinance would be on file at the Borough Office, Mondays through Fridays, from 8:30 AM to 4:00 PM prevailing time, for anyone who wished to read the ordinance. President Favo declared the ordinance passed on First Reading. Ms. Saxon then moved that the rules be suspended, the ordinance placed on Second and Third Reading, read by its short title and finally passed. Mr. Scott seconded the motion. Ms. Saxon read the ordinance by its short title. President Favo declared the Ordinance enacted. Recorded in Ordinance Book Volume 31, Page 14, as Ordinance No. O Legal, Zoning & Land Use Committee James Tarasi Resignation Mr. Donovan offered a motion to accept the resignation of Oakmont Borough Wastewater Treatment Plant (WWTP) employee James Tarasi, effective January 31, Ms. Vagley seconded the motion, which passed 7 to 0. Act 77 Tax Abatement Council Member Donovan offered a motion to refer to Act 77 as Oakmont Senior Tax Relief for informational purposes and on the Borough s real estate tax bills. Ms. Ride seconded the motion, which passed 7 to 0. Tarasi Replacement Mayor Fescemyer asked who would be replacing WWTP s Jim Tarasi. Mr. Jamison said he was currently advertising for the position. COMMENTS FROM THE PUBLIC Repairs & Replacement Nathan English asked if the Borough had any plans to replace its catch basins and its street signs. He also asked for a synopsis of the Borough s just enacted Noise Ordinance, and wanted to know if a street sweeper was really a necessity for the Borough to spend its money on. Mr. English was told that catch basin and sinkhole work was always on-going; he was given a synopsis of the Noise Ordinance by President Favo; and, it was explained to him why it was necessary to clean Borough streets on a regular basis.

11 Oakmont Borough Council (Final) 118 The Summit Bill Peoples asked if the Borough had taken over the streets of the Summit yet. President Favo said they had not yet been taken over. Mr. Peoples said he felt the obstructive landscaping around a fire hydrant in the Summit needed to be taken care of. President Favo said Mr. Jamison would address this problem. A brief discussion ensued regarding residents who plant around fire hydrants and manholes. UPCOMING PUBLIC MEETINGS President Favo referred those present to the list of the 2011 Borough Council meetings itemized in the Agenda, making note that there would be a Public Hearing held on December 20 at 7:00 on the request of St. Thomas Church to permit a daycare center on their property. MISCELLANEOUS ITEMS Mr. Scott asked residents to keep fire hydrants clear of snow during the winter months. ADJOURNMENT There being no further business to conduct that evening, Mr. Milberger offered a motion to adjourn to Executive Session. Mr. Scott seconded the motion, which passed 7 to 0. The meeting was adjourned at 8:45 PM. Respectfully submitted, L. C. Jensen Assistant Borough Secretary