Pen Argyl Borough Council held their April Council Meeting on Tuesday, April 3, 2012 at 7:00 P. M. in Council Chambers.
Pledge of Allegiance:
Council President Michael Nasatka opened the Council Meeting with the Pledge of Allegiance.
Roll Call:
The following Council Members were present and responded to roll call: Michael Nasatka, Angelo Uliana, Daniel Carrescia, Jan Surotchak, David DePalma, Dean Minnich and Robert O’Donnell. Councilman Andrew Medellin Sr. was absent.
Also present were Mayor Mikal Sabatine, Borough Solicitor Peter Layman, Borough Manager Robin Zmoda and Borough Secretary Dolores Savitz.
Planning Commission:
David Lear, Engineering Consultant for Lehigh Engineering Associates Inc., reviewed the Tighe Scott & Neil Scott subdivision plans at 315 W. Pennsylvania with Council.
Robert Cox, Borough Engineer Representative from Barry Isett & Associates, Inc. (BIA), was also present.
Lear explained that Speer Avenue is not intended for traffic use by Lot 1 or Lot 2. Speer Avenue, accessed from the 30 ft. right-of-way, shall be only an emergency access use.
Plans have been revised to eliminate Lot 3 not having frontage and providing revised tabulations showing Lot 3 acreage with the church property. Lot 1 and Lot 2 shall address the existing accessory structures on Scott’s property.
Lear on behalf of the owners requested a waiver from the Subdivision and Land Development Ordinance, Section 93-29G Monuments shall be installed. The request for this waiver is for the property corners which abut the rear of the adjacent property owners depicted on the plan as #5 thru #22. Many of these corners fall on slopes, sidewalks, landscaped areas and near existing building. They are requesting that in place of concrete monuments that iron pins be placed along these corners.
Lear further stated that a monument will be placed at the top of C Street. Robert Cox didn’t have a problem with the waiver request as long as monuments are placed at major corners.
Councilman David DePalma made a motion to grant the monument waiver request as presented, iron pins be placed along the corners of the #5 thru #22 properties and place a concrete monument at the top of C Street, seconded by Councilman Robert O’Donnell. Unanimous vote by roll call.
Councilman Jan Surotchak made a motion to grant conditional approval for the Scott Subdivision subject to consolidating Lot 3 with the church property, subject to the Borough Planning Commission’s conditional approval with their condition provisions #1 thru #10 as per the Planning Commission’s meeting on Thursday, March 15, 2012 and their letter dated March 20, 2012, seconded by Councilman David DePalma. Unanimous vote by roll call
Visitors:
Ethan Habrial, 100 A Street, stated to Council that he was opposed to consolidation of a Regional Police Force.
Public Works Report:
All Council Members were given a copy of Public Works Director Steven Bender’s March report to review. Bender wasn’t present.
A copy of the present Parking Meter Rental policy was given to all Council Members to review. No action was taken on any changes.
The Borough has received numerous complaints and concerns regarding the language that the Blue Valley Dental has chosen to imprint on their meter covers. According to Borough Manager Zmoda they have imprinted “only” parking for Blue Valley Dental on their meter bags. In the past businesses have relied on a business logo or something similar to “Parking courtesy of”. Any parking meter rented shall be available for parking by any member of the general public. Councilman Daniel Carrescia made a motion to authorize Borough Manager Zmoda to send a letter to Blue Valley Dental that they remove or cover the “only” language they had printed on their meter bags by June 15, 2012 or the Borough won’t renew their quarterly rental agreement and they will not be allowed to cover the meters as of July 1, 2012, seconded by Councilman David DePalma. Unanimous vote by roll call.
Borough Manager Zmoda informed Council that PA American Water Company will not be working on Ridge Avenue this year, they have problems in Wind Gap that they have to take care of this year.
Zoning Report:
All Council Members were given a copy of Zoning Officer Barry Kehler’s March report to review. Kehler was present.
Resolution No. 2012-02 was presented for approval which establishes a Board of Appeals for violation of the Uniform Construction Code (Chapter 52 of the Code of the Borough of Pen Argyl) and establishing fees therefore. Councilman David DePalma made a motion to accept and approve Resolution No. 2012-02 as presented, seconded by Councilman Dean Minnich. Unanimous by roll call vote.
Police Report:
All Council members were given a copy of the March Police Report to review, total receipts of $4,143.06. Police Chief David Strawn was present.
All Council Members were given a copy of Strawn’s police policy on guidelines for the proper use of the police patrol rifle, General Order 4.14. Councilman David DePalma made a motion to approve the policy as presented, seconded by Councilman Robert O’Donnell. Unanimous vote by roll call.
Fire Chief’s Report:
No one was present from the fire company to give a report.
Minutes:
Councilman Angelo Uliana made a motion to approve the Minutes for Borough Council Meeting of Tuesday, March 6, 2012, seconded by Councilman Dean Minnich. Council Members voting in favor of the motion were: Michael Nasatka, Angelo Uliana, Daniel Carrescia, David DePalma, Dean Minnich and Robert O’Donnell. Councilman Jan Surotchak voted abstain. There being six (6) yes votes and one (1) abstain vote, motion carried.
Council was also given copies of the Minutes for: Park Board Meeting of 02/12/12; Authority Meeting of 03/05/12 and LVCPC Meeting of 03/27/12.
Correspondence:
Faith United Presbyterian Church, 218 W. Pennsylvania Avenue, requested permission to close Heller Avenue south of W. Pennsylvania Avenue to the alley behind the church on Saturday, June 16thfrom 1:00 P. M. to 9:00 P. M. for their annual Strawberry Festival. They also requested permission to close the same street on Saturday, October 6thfor their annual Apple Festival. Councilman Jan Surotchak made a motion to grant permission to close Heller Avenue as requested on Saturday, June 16thand further that the Church request permission to close the street in the fall again for their Apple Festival, seconded by Councilman Robert O’Donnell. Unanimous vote by roll call.
Mayor’s Report:
Mayor Sabatine reported that the Pentecostal Christian Church the Truth’s Mission of Love Food Bank and Soup Kitchen, 202 E. Main Street, will have a spaghetti dinner on Friday, April 28th from 4 P.M. – 7 P. M.
Solicitor’s Report:
A copy of a draft ordinance was given to all Council Members to review that Borough Solicitor Layman had prepared which amends Chapter 79 “Park and Recreation” promulgating and establishing regulations for governing the operation and use of Weona Park and imposing a ban on individuals convicted of violating the ordinance. Council didn’t take any action on the ordinance at this time, the draft ordinance will be given to the Park Board to review.
Council was also given a copy of Resolution No. 2012-3 that Layman had prepared establishing rules and regulations for the conduct of public meetings pursuant to the Sunshine Act. Council discussed the proposed Resolution. Councilman Dean Minnich made a motion to accept and approve Resolution No. 2012-3 with the added condition that anyone wishing to use audio, video or stenographic recorders to record a meeting shall announce their intention to do so by noting it on the sign in sheet, seconded by Councilman Jan Surotchak. Unanimous vote by roll call.
Sanitation, Solid Waste & Recycling:
Council Members were given a copy of the Wastewater Treatment Plant March Report to review.
Councilman Dean Minnich made a motion that the Borough subsidize the cost of the Garbage Fees this year with the Reserve Funds, seconded by Councilman Angelo Uliana. Unanimous vote by roll call. Each individual household will be billed a yearly discounted fee of $150.00, payable by July 2, 2012, after July 2ndthe rate becomes $184.50, after September 4ththe fee will be $199.50. The billing period is for 04/01/12 to 03/31/13.
Finance, Tax Exoneration, Insurance & Personnel:
All Council Members were given a copy of the Treasury Report as prepared and submitted by Borough Manager/Treasurer Zmoda. Councilman Jan Surotchak made a motion to accept the Treasury Report as prepared, seconded by Councilman Daniel Carrescia. Unanimous vote by roll call.
Zmoda had also prepared a 1stQuarter Budget Comparison, a copy was given to all Council Members.
Property & Utilities:
Councilman Jan Surotchak made a motion to authorize Borough Manager Zmoda to change all Borough departments’ cell phones from Nextel coverage to Verizon, seconded by Councilman David DePalma. Unanimous by roll call vote.
Community Outreach:
On Saturday, April 28th, the Slate Belt Y is holding Healthy Kids Day. The even will be held at Weona Park from 1:00 P. M. – 4:00 P. M.
Animal Control Officer:
All Council Members were given a copy of Animal Control Officer Phil Bell’s monthly report to review.
Borough Manager’s Report:
Borough Manager Zmoda explained to Council the membership for Public Employer Labor Relations Advisory Service (PELRAS). The membership fee is $450.00, there are member benefits such as savings on comprehensive training and free legal counseling up to $150.00. Councilman Jan Surotchak made a motion to join PELRAS for the membership fee of $450.00, seconded by Councilman David DePalma. Unanimous vote by roll call.
Zmoda informed Council of her interest in attending The Basic Course in Zoning Seminar that is going to be held by the LVPC, cost being $90.00.
Payment of Bills:
The following bill amounts were presented for payment: General Fund, $11,156.03; Sewer Fund, $57,861.80; Garbage Fund, $63,052.44; State Fund, $3,554.18; Police Pension Fund, $1,000.00 and Reserve Money Market Fund, $4,518.48. Councilman Jan Surotchak made a motion to pay the bills as presented, seconded by Councilman Dean Minnich. Unanimous vote by roll call.
Executive Session:
Borough Manager Zmoda requested an Executive Session to discuss potential litigation and potential personnel issues. Councilman David DePalma made a motion to go into Executive to discuss potential litigation and potential personnel issues, seconded by Councilman Dean Minnich. Unanimous by roll call vote. Council went into Executive Session at 7:50 P. M. and reconvened at 8:23 P. M. Special Note: Borough Secretary Savitz left at 7:52 P. M. and the rest of the Minutes were taken by Borough Manager Zmoda.
Letter of Support:
Councilman Daniel Carrescia made a motion to send a letter of support, but not to join the litigation involving Hanover and Bethlehem Townships and the Allentown NIZ, seconded by Councilman Dean Minnich. Unanimous by voice vote.
Adjournment:
Councilman Jan Surotchak made a motion to adjourn, seconded by Councilman David DePalma. Unanimous by voice vote. Council adjourned at 8:24 P. M.
Workshop – Tuesday, April 24th– 7:00 P. M.
Council Meeting – Tuesday, May 1st– 7:00 P. M.
Respectfully Submitted,
Dolores B. Savitz
Borough Secretary
___________________________________________________________________________________________
Pen Argyl Borough Council held a Special Meeting on Tuesday, April 24, 2012 at 7:00 P.M. in Council Chambers
The Special Meeting was held for the purpose of Borough Council to review and take possible action regarding the land development submission of Premier Granite, 315 W. Pennsylvania Avenue and for other general business purposes.
Pledge of Allegiance:
Council Vice President David DePalma opened the Council Meeting with the Pledge of Allegiance.
Roll Call:
The following Council members were present and responded to roll call: David DePalma, Angelo Uliana, Daniel Carrescia, Jan Surotchak, Dean Minnich and Robert O’Donnell. Council President Michael Nasatka and Councilman Andrew Medellin Sr. were absent.
Also present were Mayor Mikal Sabatine, Borough Solicitor Peter Layman, Borough Engineer Representative Robert Cox from Barry Isett & Associates, Inc (BIA) and Borough Manager Robin Zmoda.
PremierGranite LandDevelopment Submission:
John J. Goffredo, President of Nu Cor Management, Inc. was representing John Hunt, owner of Premier Granite. Goffredo reviewed the land development plan submission and explained some of the issues related to the timeline of the project. Goffredo stated he was asking on behalf of Hunt for a conditional approval of the land development submission indicating that the Planning Commission had granted five (5) waivers and recommended conditional approval from Borough Council on April 19. 2012.
All Council Members were given copies of the Solicitor Layman’s Conditional Approval Agreement, the April 13, 2012 BIA review of the submission and the five (5) waiver requests. Layman reviewed the steps needed to complete the agreement. Council would need to grant the five (5) waivers, would need to know the cost of improvements to services, motion to allow BIA to review the Erosion and Control Plan (E&S) and then a motion to grant conditional approval. The cost estimates for improvements would need to be generated by the developers and reviewed by the Borough’s Engineers and could be in the form of a letter of credit, cash or an assurity bond.
Cox once again reviewed the critical path items needed to be completed by the developer prior to any construction that can take place, including the Highway Occupancy Permit (HOP), a temporary access permit for the construction vehicles because of their tight limits of work and the E&S Plan. Presently no tree removal or any clearing could be done until the temporary HOP and the E&S Plan approval has been received. Goffredo questioned the need of the E&S plan due to the fact that the State Law references a higher area of disturbance. Cox cited Pen Argyl Borough’s Subdivision and Land Development Ordinance (SALDO) trumps state law in this case. Goffredo agreed to get the plan to Cox as soon as possible.
Goffredo expressed concern about agreeing to the financial portion of the Conditional Approval Agreement without the consent of Hunt who was not present. Goffredo requested to table the issue until next week’s Council Meeting when the E&S plan has been reviewed and the improvement costs are known.
Premier Granite Land Development Submission con’t:
Councilman Dean Minnich made a motion to allow Borough Manager Zmoda to request a capacity letter from the Wastewater Engineer RETTEW regarding the Premier Granite submission, seconded by Councilman Robert O’Donnell. Unanimous by roll call vote
Minutes:
Councilman Jan Surotchak made a motion to approve the Minutes for the Regular Council Meeting of Tuesday, April 3, 2012, seconded by Councilman Daniel Carrescia. Unanimous vote by roll call.
Correspondence:
Families First, a 501(c)3 non profit family center located at 1620 Teels Road requested a donation to assist them to continue to serve the Pen Argyl Community with its services. Zmoda informed Borough Council that she has been informed that there will no longer be a post prom event and the Borough had budgeted $2,000.00 to give to that group. Councilman Angelo Uliana made a motion to give Families First $1,000.00 now and if at the end of the year there are no budget issues, to give an additional $1,000.00, seconded by Councilman Dean Minnich. Unanimous vote by roll call.
Council was given a copy of a request from the Green Knight Touchdown Club. No action was taken.
Immaculate Conception School requested Borough Council to allow for the closure of N. Heller Avenue from W. Bell Avenue to W. Babbitt Avenue on Wednesday, May 16, 2012 for their annual Field Day, between the hours of 8:30 A.M. until 2:00 P.M. Councilman Daniel Carrescia made a motion to grant permission to close N. Heller Avenue as requested on Wednesday May 16th, seconded by Councilman Angelo Uliana. Unanimous vote by roll call.
Borough Manager’s Report:
Councilman Jan Surotchak made a motion to send a Letter of Intent to pursue Community Development Block Grant for the 2012 application period for the Railroad Avenue Road Reconstruction project, seconded by Councilman Dean Minnich.
Finance, Tax Exoneration, Insurance & Personnel:
Borough Council was given a copy of an insurance premium and marketing review of four (4) insurance companies for the 2012-2013 coverage year. Presently, the Borough is insured by Houston Casualty. This review shows Companion Commercial Insurance Company can provide almost the same coverage for a savings of $2,640.00 and continue our present payment schedule. Zmoda reported that the Borough’s Broker, WSA, recommended the switch to Companion. Councilman Dean Minnich made a motion to switch the Borough’s insurance coverage to Companion Commercial Insurance Company as suggested by WSA, seconded by Councilman Jan Surotchak. Unanimous vote by roll call.
Adjournment:
Councilman Dean Minnich made a motion to adjourn, seconded by Councilman Robert O’Donnell. Unanimous vote by voice vote. Council adjourned at 8:20 P.M.
Council Meeting-Tuesday, May 1, 2012-7:00 P.M.
Workshop-Tuesday, May 29, 2012-7:00 P.M
Council Meeting-Tuesday, June 5, 2012-7:00 P.M
Respectfully Submitted,
Robin Zmoda
Borough Manager