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The Agenda Meeting of the Borough of Baldwin began with the Pledge of Allegiance to the Flag. The following members responded to roll call: Mr. David Depretis, Mr. Michael Ducker, Mrs. Shirley Kuchta, Mr. Mark Nix, Mr. Michael Fetsko Jr. and Mrs. Marian Joseph. Also present were Mayor Alexander Bennett, Mr. W. Timothy Barry, Borough Solicitor and Mr. Timothy Little, Borough Manager. Mr. Gregg Scott, Borough Engineer was not present. Mrs. Joseph issued a statement that the Council had met in Executive Session prior to the Regular Agenda Meeting to conduct interviews for a temporary replacement for the Chief of Police while he is on medical leave. Council may take official actions from these proceedings of the Executive Session at the Agenda Meeting tonight. - Mrs. Rosemary Willis of the Baldwin Library Board addressed Council. She thanked Council for her appointment in 2006. She wishes to address Council about Library Board Appointments. Two new members were appointed by Council in January and then resigned the next month because they could not commit the time needed for this position. The hours of involvement with the Library Board could be as much as (6) six hours per month. Mrs. Willis wants to come up with some sort of a procedure with council on interviewing and recommending applicants to the boards.
Mrs. Joseph then asked if the Library Board could give Council some guidelines on requirements for the Board, so that they could use them when determining their appointments to the Board. Mrs. Willis stated that could be provided to Council. **** Mrs. Etzel addressed the issue of the lease for the Library from the School Board. She noted that the original lease in 2004 was for $10,836.00. The terms of this lease automatically continued for 2005 at no extra charge. In addition, the storage area that Whitehall Borough uses has been in effect since 2000 with no lease. She feels that the Library might be able to join Whitehall and get some extra storage in this area. This is information that was received by Mrs. Etzel from the School Board and a copy given to Council and the Library Board in hopes it will answer some of the questions being raised by the Library Board about the facilities. Mrs. Willis noted that they were questioning the rent being too high, not it being raised. Mr. Little noted that the library lease has never been signed by the Borough since he has been the Borough Manager. Mrs. Joseph asked how many members are really needed on the Library Board? Mrs. Willis stated they have seven (7) and there are a lot of committees and a lot on their plate right now. Mr. Little asked what night of the week the meetings are and was told the 3rd Thursday at 7 p.m. AUDIENCE AGENDA – Agenda items only - Kathy Sullivan of 5187 Janie Drive addressed Council. They were waiting for Mr. Little to come back into the room and decided to move ahead to the Mayor’s Report.
MAYOR’S REPORT Mayor Bennett told Council that the monthly police reports would be given at the regular meeting at the end of the month. Secondly, he gave council a letter he had received from Representative Bill Kortz who wished to inform council that Mr. Dan Cessna of District 11, Executive Director of PENNDOT, will be conducting a road survey within the next couple of months to evaluate the condition of state roads within the Borough. The Mayor asked council to put down any items it would like to have addressed and send them to Mr. Kortz so that PENNDOT can be made aware of them. Anyone interested in taking this tour with Mr. Cessna, please let it be known. Mr. Little will be given the letter and please address all questions and information to him as he will follow up on it. Mrs. Joseph asked if anything will ever by done about the Streets Run Road Bridge and the mayor noted construction was suppose to start over ten (10) years ago and be only a three (3) year job. **** - Council then went back to Mrs. Sullivan who wished to speak. She asked Mr. Little for an update on the Janie Drive Project. Mr. Little told Mrs. Sullivan he had contacted Gary Garvin to see if the sub-contractor had signed the release to start the boring, and as of this evening, Mr. Garvin had not returned his call. That is where we stand as of now.
Mr. Barry noted that he had received a copy of a letter written by Mr. Donahoe to Mrs. Sullivan’s attorney, Mr. Labowitz, Mr. Garvin and to the drilling sub-contractor, basically describing what appears to be a battle of the forms. Mrs. Sullivan’s attorney wants the drilling contractor to sign the release that he prepared and the drilling contractor wants Mrs. Sullivan to sign their lease. In his letter, Mr. Donahoe is asking all of the parties to reconcile this issue so that the project can proceed. Mr. Nix feels that someone should be monitoring the hillside on Janie Drive and Mayor Bennett told Mrs. Sullivan he would be out the next day to check on the sewer pipe. Mr. Barry stated that any monitoring should be done by the consulting engineer, Mr. Hugh Davidson. Mr. Barry feels that a site inspection should be done immediately and if necessary, Mr. Davidson should be called to follow up and give his opinion. Mr. Little stated that core boring probably will not start at the end of March, but construction could still proceed in August, 2007. Mr. Barry told Mrs. Sullivan to contact her attorney, who represents her interests, and move on this paper issue. Mrs. Sullivan asked Mr. Little if he could convey to Mr. Garvin the possibility of doing some ascetic topical ground cover instead of the riprap. FINANCE Mr. Fetsko told Council that everyone had received their revenue and expenditure report for the general fund. Mr. Fetsko asked Matt Kearns about the Mechanical Devices permit that people must receive every year. Mr. Fetsko noted that the budget is short $24,220.00. Mr. Fetsko feels that some people are remiss in getting these licenses because of the casino gambling. Mr. Fetsko asked Matt to step up the efforts in collecting these fees. Mr. Fetsko continued to report that he attended the BEMS meeting the previous night and Mark Purcell, from Bill Kortz’s office was there. He indicated that there is a disproportionate situation that occurs in the Legislature with DCED Grants. There was apparently $54 million for DCED Grants and one representative in the Philadelphia area got $38 million of that money. After that, is was doled out to the rest. This is one of the things that Mr. Kortz and Mr. Readshaw are working on amending. It was also recommended by Mr. Purcell that the March 31st deadline is approaching for any grant application for the fiscal year. Council asked Mr. Little to go on line and see if any monies can be received for maintenance on the Municipal Building. i.e. air conditioning, pointing the roof etc. Mrs. Kuchta noted to Mr. Fetsko that she is confused about the differences in the expenditures report. In January there was a difference of $9,327,140.00. Then she received another report with a difference of $9,437,940.00. She sees that a new account has been added, “transfer from a fund balance” $110,800.00 which was the exact amount the budget was not in balance. Mrs. Kuchta wants to know where the money came from, how much is still in there, and why wasn’t Council told about this? Mr. Fetsko stated that the amount was the ending balance from last year. Mrs. Kuchta wants to know why it wasn’t shown on the original budget? She had brought up that the budget was not in balance by this $110,800.00. There is a new account “account balance fund” and she wants to know what was in this fund balance and why wasn’t it shown on the original report and how much is still in there that has not been disclosed? Mr.Little explained that this was the same issue as last year. When a budget is made and he gives council the information in a packet that is done on an Excel Spreadsheet. He can put anything in there he wants with respect to a spreadsheet. When you have to then deal with a software accounting package it strictly adheres to account principles and part of those principles are your 100 accounts are your assets, your 200 accounts are liabilities, 300 is revenue, 400 are expenditures. Your 100 and 200 accounts are you equity accounts; your 300 and 400 are your capital accounts. Through the rules of accounting you cannot mix a 100 account with a 300 account. You can do that on Excel but not with software packages. This was the same issue from last year with Tulip Systems. The fund balance account is the amount that was carried through from last year, which is in the adopted budget in the general fund. When we got the new software package that amount was renamed ‘Account Transfer Fund, for $110,800.00. Mrs. Kuchta stated that the budget was not in balance and she has gotten so many reports with new accounts, yet no answer to her questions. Mr. Fetsko noted that the budget did balance. The $110,800.00 is an anticipated amount when you start your budget. By the end of the year, that amount could be more or less. Mrs. Kuchta couldn’t understand why the budget didn’t show that amount originally and she wanted to go on record that the 2007 Budget was not in balance until suddenly $110,800.00 was found by Mr. Little. Mr. Fetsko asked Mrs. Kuchta why she voted to adopt the budget and she replied that she didn’t vote to adopt the budget. ENGINEER’S REPORT Mr. Scott apologized for being late. He wanted to mention that the kick-off meeting for the GPS fieldwork is scheduled for March 15, 2007. The GPSing of the manholes will start immediately. Mr. Scott reported that the CCTV/cleaning work by Robinson Pipe began on Friday, February 2, 2007 and that work was completed on March 7, 2007 They found some problems with the liners in several locations and a lateral was sealed over and some sewage has been backed up behind the dimple and being dispelled through the lateral. There have been no reports of backup, so where this problem occurs is as of yet undisclosed. The DVD’s have been requested asap. Mr. Scott has not heard from Nicassio’s bonding company on the unfinished work and additional costs, but wants to have proof positive of what is happening and will need the DVD’s to accomplish this. A report on this issue will follow. **** Mr. Scott then addressed the W.G. Tomko Sewer issue over a Sanitary Sewer that runs through vacant property on Streets Run Road that has disposed fill for many years. That sewer is now 45 to 50 feet deep. Tomko has a grading permit and they are claiming that there is not right of way on that sewer. Public works has been working on opening this sewer line to alleviate the back up down the line and Mr. Scott is meeting with public works to get a cutter in there to get through the obstruction and re-open the sewer. Mr. Scott is not sure if the pipe collapsed or whether there is a liner failure. Mr. Nix stated that public works feels it is the liner curling up and Mr. Scott noted that the work was done by State Pipe as part of Contract 2001-03 in either 2002 or 2003. This problem needs to be investigated as to whether the pipe collapsed under the weight and pinched the liner or if the liner itself has failed. Mr. Nix wanted to know if the liner failed, does the Borough have a warranty of some kind to cover this? Mr. Scott has no doubt that the bond has expired. If the liner failed on it’s own, we would have to go to the manufacturer, but if it failed due to the weight of extra fill, it will need to be investigated. Mr. Nix feels that is must be taken care of quickly as the sewage is going into the creek and could be a health hazard. Mayor Bennett thought that the liner wasn’t attached properly to the manhole and must have come loose and slipped up the pipe and is now curling up and causing the problem. Mr. Barry asked if Mr. Gales had been in touch with Mr. Scott about the easement. He will get in touch with Mr. Scott with reference to Tomko’s claim of no easement on the property. Mr. Barry requested if the information on this cannot be gotten by Mr. Gales, then the Borough Engineer should investigate this quickly. Mayor Bennett asked if the Tomko Grading Permit could be pulled by the Borough? Mr. Scott noted that no bond has been posted and the permit has not been issued. Mr. Barry felt this should be discussed in Executive Session due to the possible litigation. Mr. Scott continued to discuss the 2007 Road Program. Mr. Scott will meet with the road department to review the roads priority list so that the project can be bid as soon as possible to take advantage of current lower asphalt prices. **** Mr. Scott investigated the landslide on the hill behind Leona Drive. The Borough sanitary sewer runs from Whitehall Borough line south-south east then joins with another sanitary sewer running north-north west and they flow over the hillside. The Sewer in the landslide area is reported to be badly deteriorated. Mr. Scott has asked Council for directions. Mrs. Joseph told Mr. Scott to develop some options and numbers for future discussion. **** The last item is the Meador Storm sewer. Mr. Scott visited the site and there is a storm sewer on the property that drains onto Penn Street. The homeowner wants to put in some fill and wants to know the impact on the storm sewer. Mr. Scott has requested the site plans of the property and will review them and get back to council with his recommendation. Mr. Scott noted that he has been in touch with Mr. Olup, who appeared before council with a problem on his property at 629 Lane Way. The homeowner has had his sewer line video taped but will not give it to the engineer or public works for viewing. Mr. Scott has requested that the homeowner sit and watch the tape with him and then take it back home again. The engineer needs to see what is on that tape. So far, no response from Mr. Olup. Mr. Barry noted that if the homeowner will not co-operate with the engineer and the Borough concerning this lateral question, then a letter should be sent telling him that the tape must be seen. **** Mr. Barry asked if any progress with Mr. Gales had been made about getting a metes and bounds description with regard to the Kanaski sub-division. Mr. Scott noted he had informed Mr. Gales of what was need and was told Mr. Gales was working on it. Mr. Barry has everything he needs to prepare the deed except for the metes and bounds description. There will be no recording of the sub-division plan until the deed is done. **** Mr. Barry wanted to know if the Borough was going to participate with the SHACOG Bid in the joint bid for the CCTV inspections. Mr. Scott stated that the only work needed to be done on the Borough sewers is being done by Public Works. Mr. Scott feels that the Borough is ahead of the game and he would like to get the final phase figures together and then determine when it would be done. He doesn’t think we need to participate in the SHACOG bid. Mrs. Kuchta thought we should fill out the application and submit it in case we would need to participate at a later date. Mr. Barry noted that SHACOG is asking for specifics so that they can bid it out. Mayor Bennett talked about some sort of a filing system for the sewer line tapes. Millions of dollars have been expended on these tapes and when we come to a situation like this when we need to look at the tapes they should be organized and not in a box somewhere. Mr. Nix noted that he has talked to Public Works but nothing has been resolved as of yet. PUBLIC WORKS Mr. Nix was happy to say that the negotiations with the public works are now over. A contract has been worked out and will be discussed in Executive Session. Mr. Barry noted that it is subject to Council’s approval. Mr. Nix also stated that he will make a motion at the Council meeting to hire four (4) summer employees for the public works department at the hourly rate of $8.00. Mr. Nix told council that he has had discussions with Mark Stephenson about the walls at Leland, McGowan and other fields. Mr. Stephenson is looking into this matter and will get back to council with his recommendation. Mr. Nix passed an estimate to council on the price of the Hemlock trees he wants to plant around the storage facility in Elmleaf Park. He wants to proceed with this project. PARKS AND RECREATION Mr. Ducker began his report by telling Council of a meeting he had with the GBWAA. He feels it went very well and it looks like everyone will be accommodated. He was pleased that the rosters and residency proofs have been received by the Bar Leagues. Mr. Ducker feels that the youth are getting adequate use of the fields; and residency requirements will not enforced unless there is a problem. Mr. Little made the suggestion that in the future, something be put on the application stating that if a problem with field scheduling should arise, residency requirements may be enforced and Mr. Ducker agreed. Mr. Ducker continued down the list and the safety issues and repairs requested by the associations, Mr. Barry feels that all the issues should be done at once as one project if monies are available. Mr. Ducker continued that some of the requests are safety issues and should be looked at first. The association wants to put a 10 ft. net on the first base side to catch any foul balls hit over the fence. Mr. Fetsko noted that this bothers him as it has been this way for years, and don’t park your car over there as it will probably get hit by a foul ball. Mr. Ducker again noted that Council is willing to work with the organizations but some of the things listed are too numerous. Mr. Ducker would like to meet with the organization to discuss all of these issues. Some of these issues were previously handled by them and were done incorrectly and are now creating a problem. Some of the issues will need to be bid and some will need (3) over the phone quotes. Everything will need to be discussed further with council and the GBWAA. Mr. Barry feels that Council should look at all the issues brought up by the GBWAA with regards to safety and prioritize everything taking into consideration how much the Borough has to spend. Mr. Ducker then brought up the request by John Revo to use Leland Center for a Fund raising “Nite at the Races” and to waive the fee. This is for a child who has been diagnosed with lymphoma cancer and in need of financial assistance. The consensus of Council based on Mr. Barry’s recommendation was to investigate the request based on past practices of renting out the building and waiving the fee and also because of the licenses needed to have gambling. Mr. Ducker requested that Mr. Little call Mr. Revo and ask about the license for gambling before issuing any permit. **** Mr. Nix asked about the gentlemen who lives next to Colewood Park and was parking his dump truck at the field parking lot. Mr. Nix thought that we were going to put up “No Parking” signs. This has not been done, but the parking lot is for recreational use only not as a private parking lot. Mr. Fetsko noted the gentlemen had always parked in that area, but now that it is newly paved, the bobcat will just tear it up. That is what tore it up in the first place. Council requested that Matt Kearns look into this and follow up on this issue. **** M-1 Mr. Ducker made a motion to permit Paynter Elementary School the use of the Municipal parking lot on Monday, March 26, 2007 from 5:45 pm till 9:30 pm to run a Shuttle Bus to the “Ice Cream Social”; second by Mrs. Kuchta. Upon vote, motion carried unanimously. Mr. Ducker noted a request from the Harrison PTA for items for auction, or anyone who wishes to donate any money can do so. Mr. Fetsko noted that if every Council person and the Mayor wished to give $5.00 they could place a sponsorship ad for the show. This idea will be taken up at the regular meeting. ZONING AND PLANNING Mrs. Kuchta stated that there was no Zoning Hearing Board this month. The Planning Commission met last evening and a report will be given at the regular meeting. The monthly inspection reports were given out and any questions will be answered at the regular meeting. **** Mrs. Kuchta made reference to a letter received about a house on Churchview Avenue. She went to look at the house and took pictures. Apparently, there is no one living in the house at present, but the house looked fine to her. The letter is unsigned, but Mrs. Kuchta felt she should follow up. The lawn was cut and there was even an Easter decoration on the door. Council’s decision was to do nothing based on the condition of the property and the letter not be signed. Mr. Little just wanted to let Council know that the house on Melvina Street has been razed and is all filled in. Grass will be planted in the correct season. There will be a lien placed on the property. PUBLIC SAFETY Mr. Depretis will give the monthly report at the regular meeting. He noted that he had talked to Sgt. Kearns about the 911 transitions and turned the floor over to him. Sgt. Kearns reported that some additional work was done to the Fire Department radios due to the small glitch with Becks Run Fire Dept. and he is going out with Ken Guerra and the County Representative to look at some tower sites. The police radios are waiting on circuits from Verizon and once in they can be up and running. Mr. Fetsko understood that one of the problems on Becks Run Road had Mr. Guerra standing in the guy’s driveway with a portable radio and not finding a problem. Mrs. Joseph stated the problem is with one home. **** Mr. Depretis addressed the issue of parking on Macek Drive by Wallace School. Numerous residents have complained about the buses not being able to get through and that an accident is eminent. Council has instructed Sgt. Kearns to investigate and the possibility of a Traffic Resolution being passed to restrict parking. **** Mr. Depretis had several residents contact him about the dumping of Facchiano at Allegheny Academy. They would like someone from the Borough to represent them at the hearing on March 28, 2007. Obviously, we are still in negotiations with him as far as our bond, but Mr. Facchiano never got in touch with the Borough Manager as to the February 9, 2007 deadline. Mr. Barry then suggested that this issue be discussed in Executive Session. **** Mr. Depretis concluded with his request that the public works department power wash the playgrounds this year. Mayor Bennett asked Mr. Little to get a price on power washing and sealing one playground. PERSONNEL Mrs. Etzel noted that she will make the motion to accept Leonard Sargo’s resignation from the Zoning Hearing Board at the regular meeting. She also noted that any applicants would be considered at that time as well. Mrs. Etzel also noted that the 2007 alternates, if any, would be considered at council’s discretion. Mrs. Kuchta asked Mr. Little to advertise for Zoning Board Alternates with a brief summary of want is required and the hours of commitment. M-2 Mrs. Etzel made a motion to hire Mr. Michael Vaday to the position of Custodian at 30 hrs per week with no benefits; second by Mrs. Kuchta. Upon vote, Mmes. Kutchta, Joseph and Etzel and Messers. Ducker, Depretis and Fetsko voted yes. Mr. Nix abstained. Motion carried 6 yes votes and 1 abstention. ADMINISTRATION Mr. Little began by asking Council to report to him if they are going to Seven Springs. Everyone is registered. Mr. Little would like to have Council Members gather at a room at this conference to discuss Borough concerns and to set goals of strategy. This meeting will be advertised in accordance with the Sunshine Law. Council agreed to reserve the room for Saturday afternoon. Mr. Fetsko questioned Mr. Little about the MRM Trust meeting at the conference and Mrs. Joseph noted that she and Mrs. Etzel would attend. Mr. Little continued by asking all of Council to submit their Statement of Financial Interests to him, if not already done. AUDIENCE AGENDA No one responded. M-3 Mrs. Etzel made a motion to adjourn to Executive Session at 9:34 p.m.; second by Mrs. Kuchta. Upon vote, motion carried unanimously. M-4 Mrs. Etzel made the motion to exit from Executive Session at 10:50 p.m.; second by Mrs. Kuchta. Upon vote, motion carried unanimously. Mr. Barry noted that there are some items that were discussed in Executive Session that council wishes to act upon this evening. M-5 Mr. Ducker made a motion to approve the tentative agreement between the Borough and Labor’s Local Union #1058 for the Public Works employees of the Borough; second by Mrs. Kuchta. Upon vote, motion carried unanimously. M-6 Mr. Nix made a motion to authorize the Borough Manager to take the necessary steps to change the Health Insurance Plan for the Administrative Employees of the Borough who are presently receiving Health insurance to the plan offered through MEIT, which is the High mark PPO Plan with a $500 individual and $1000 family deductible. This is the same arrangement with Public works as part of the settlement of their contract, namely, the Borough will be paying for the out of pocket deductible expenses and also setting up an HRA for each employee to cover co-pays up to $250.00 per year; not being able to carry this amount of year to year; and the employee will be responsible for any co-pays over the $250.00; Second by Mr. Fetsko. Upon vote, motion carried unanimously. M-7 Mr. Ducker made a motion for the Administrative personnel to receive total Life Insurance of $25,000.00, which mirrors the benefit received by Public Works; second by Mrs. Etzel. Upon vote, motion carried unanimously. Mr. Ducker noted that this will take effect as soon as the Borough Manager can implement it. Mr. Fetsko noted that he was informed by the Borough Manager that the Tax Collector’s computer had its hard drive fried. In the past when she needed any equipment the Borough participated with the school district in purchasing any items needed. The estimated costs would be between $700.00 to $1,000.00; one half being the Borough’s and one half the school districts. M-8 Mr. Ducker made the motion to adjourn; second by Mr. Depretis. Upon Vote, motion carried unanimously. Meeting adjourned at 10:57 p.m. Respectively Submitted, BOROUGH OF BALDWIN Timothy J. Little Borough Manager |
Council Minutes 
