Indian Lake Borough Council Meeting s1

MINUTES INDIAN LAKE BOROUGH COUNCIL MEETING SEPTEMBER 13, 2006

The regularly scheduled meeting of the Indian Lake Borough Council was held on September 13, 2006 at 7:00 P.M. at the Indian Lake Borough Building.

THOSE PRESENT: THOSE ABSENT: Michael D. Miscoe Terry L. St. Clair Charles McCauley Bryan Bozovich P. Scott Moore John Walters Patricia Dewar Barry S. Lichty, Mayor Daniel W. Rullo, Solicitor Theresa L. Weyant, Borough Secretary Harry Huzsek, Superintendent

Visitors – Fred Jones, John Hrivnak, James Hrivnak, Denise Miller, Paul and Anita Brodt, William and Bjorg Beitler, Jerry Mostoller, Richard Stern, Albert Diehl, Randy Musser, Alvin Lichtenfels, Forrest Schucker, Ronald Petrina, Carl Chapman, Donald Reed, and Charles Fox.

The meeting was called to order at 7:00 P.M. by Michael D. Miscoe, Vice President.

ORDER OF BUSINESS

1. Approve the Minutes of the Meeting held on August 9, 2006 – Miscoe asked for additions and/or corrections. There being none, Walters moved and Dewar seconded to approve the minutes as submitted. All ayes, motion carried.

2. Financial Reports – Secretary reviewed the Income & Expense Report, the Budget Report and the List of Bills for August 31, 2006. Secretary would like to add the following additional outstanding bills to the List of Bills Report: Norac Laboratories, lake fecal samples, in the amount of $512.00; Cingular Wireless, Aug ’06 cellular phone charges, in the amount of $11.21; Mike’s Market, paper towels and styrofoam cups, in the amount of $30.59, Police Law Services, PA police criminal law bulletin subscription, in the amount of $42.00; and Indian Lake Resort, lunch meeting with legislators, in the amount of $83.45. Walters made a motion to approve the Borough’s Financial Reports, including the amendment to the List of Bills Report. Dewar seconded the motion. All ayes, motion carried.

Secretary reviewed the Water Works Income & Expense Report and the List of Bills for August 31, 2006. Walters made a motion to approve the Water Work’s Financial Reports as submitted. Dewar seconded the motion. All ayes, motion carried.

Secretary reviewed the Sewer Plant Financial Reports and the List of Bills for August 31, 2006. Walters made a motion to approve the Sewer Plant Financial Reports as presented. Moore seconded the motion. All ayes, motion carried.

Secretary reviewed the Summary of Account Balance Report for August 31, 2006. Walters made a motion to approve the Summary of Account Balance Report for August 31, 2006. Dewar seconded the motion. All ayes, motion carried.

3. Welcome Visitors – Fred Jones, John Hrivnak, James Hrivnak, Denise Miller, Paul and Anita Brodt, William and Bjorg Beitler, Jerry Mostoller, Richard Stern, Albert Diehl, Randy Musser, Alvin Lichtenfels, Forrest Schucker, Ronald Petrina, Carl Chapman, Donald Reed, and Charles Fox.

1 4. Jerry Mostoller-Establishing an Expiration Date for Sewage Permit Applications – Walters made a motion to put an expiration date of 1 year on all sewage permit applications. Dewar seconded the motion. All ayes, motion carried.

5. James Hrivnak-Approval to Utilize Adjacent Property for Sewage Disposal – James Hrivnak, owner of Peninsula 125, has a property, which does not have sufficient area for construction of his on-lot sewage disposal system. However, his brother John Hrivnak, who owns Peninsula 127, which is adjacent to Peninsula 125, is willing to allow him to utilize a portion of his lot.

Council was provided with an easement agreement between James and John Hrivnak, which has been signed and recorded at the Recorder of Deeds Office, which authorizes James Hrivnak the use of the adjacent property for his seepage bed.

Secretary provided Council with a breakdown of the delinquent taxes, delinquent Service Corporation Fees, and the 2006 taxes which have not been paid.

Walters made a motion that once the Borough Secretary received proof that the delinquent 2004 and 2005 taxes have been paid to the Tax Claim Bureau, the 2006 taxes have been paid to Susan Dabbs, and the delinquent Service Corporation Fees have been paid, the Borough Secretary is authorized to send a letter to Mr. Mostoller stating that all Borough requirements have been met and a sewage permit can be issued to James Hrivnak. Moore seconded the motion. All ayes, motion carried.

Jerry Mostoller also informed Mr. Hrivnak that since his sewage system is an alternate system he will also need to provide him with a copy of the inspection/maintenance agreement between himself and St. Clair Construction prior to any sewage permit being issued

6. William Beitler, Pawnee 132-Tree Cutting on the Island in Front of Pawnee Park – Council informed Mr. Beitler that the Borough is the owner of the island, which is in front of Pawnee Park and therefore he will need to get permission from the Borough to remove any trees or brush from the island. Council asked Mr. Beitler to write a letter stating what his plan of action is, what will be done with the refuse once it is cut, when the work will be done, and if he is planning on cutting any tree 3 inches in diameter or larger, he will need to apply for a tree cutting permit.

7. Randy Musser, Musser Engineering-Calendar’s Run Hiking & Biking Trail – Randy Musser, from Musser Engineering, stated that neither his company nor Somerset Planning & Engineering have an approved rate with PennDot so neither of them is authorized to do the required inspections. PennDot has agreed to provide the Borough with the Request for Proposal packets and a list of all the approved PennDot inspectors. The Borough will need to get 5 quotes and the Borough must select an inspector based on technical content.

Dewar made a motion to name the hiking and biking trail after James McIntyre. Walters seconded the motion. All ayes, motion carried.

8. Legal Report:

A. Wayne Lehman-Zoning Violation – Attorney Rullo stated that he has made arrangements with Mr. Lehman’s attorney, Brad Bassi for Mr. Lehman to submit a request for a decorative structure permit and to modify the structure to conform to the Zoning Ordinance. If that permit is approved this matter will be resolved.

2 9. Correspondence:

A. Bell & Dickey – Resignation as Borough Solicitor – Secretary read the August 10, 2006, resignation letter from Attorney Dickey as the Borough’s Solicitor effective immediately. Dewar made a motion to accept the letter of resignation from Attorney Dickey as the Borough’s Solicitor effective immediately. Terry St. Clair, as President of Council, should send a letter of thanks as well as a plaque to Attorney Dickey for his years of service. Walters seconded the motion. All ayes, motion.

B. Municipal Planning Education Institute-Course in Subdivision & Land Development Review – PSAB will be holding a course in Subdivision & Land Development Review on Thursdays, October 19, 26, and November 2, 2006 at the Ligonier Twp. Municipal Building. The cost is $95.00 per person. Dewar made a motion for John Walters, Terry St. Clair, and Scott Moore to attending the training course and to authorize the expenditure of $285.00. McCauley seconded the motion. All ayes, motion carried.

C. Comcast-Opposing Statewide Cable Franchising Legislation – Moore made a motion to adopt the proposed resolution as submitted opposing statewide cable franchising legislation in Pennsylvania and to forward the enclosed letter to Representative Bastian and Senator Kasunic. Walters seconded the motion. All ayes, motion carried.

D. USDA-Canadian Goose Wildlife Management Program – The cooperative service agreement between the USDA Wildlife Services and Indian Lake Borough for 2006 has concluded. Treatment of the Canada goose nests began at the beginning of April and continued through the end of May. Wildlife Services are recommending that the entire lake be searched for nests to effectively manage Canada Geese on the lake.

E. Nancy Good, Chickasaw 135–Requesting Relief from Paying the Late Fee on the Delinquent Sewage Maintenance Fee – Mrs. Good is requesting relief from paying the $10.00 late fee which was added to her overdue sewage maintenance fee. Mrs. Good stated that she never received her first bill and therefore feels she should not have to pay the late fee. Council asked the Borough Secretary if Mrs. Good’s first bill was returned by the U.S. Postal Service as undeliverable. Secretary reported that it was never returned. Council asked the Borough Secretary if the first bill was mailed to the same address as the second bill. Secretary reported that it was.

F. Bruce Mawson, Peninsula 1217–Requesting Relief from Paying the Late Fee on the Delinquent Sewage Maintenance Fee – Mr. Mawson is requesting relief from paying the $10.00 late fee which was added to his overdue sewage maintenance fee. Mr. Mawson was out of the country from June 15, 2006 until August 31, 2006 and was unaware of this bill.

After a discussion, Walters moved to deny the requests of Nancy Good and Bruce Mawson. Moore seconded the motion. All ayes, motion carried.

Council asked the Borough Secretary to send letters to Mrs. Good and Mr. Mawson informing them that their requests have been denied.

10. Committee Reports:

1. Public Works:

A. Authorize to Bid Equipment for Sale – Dewar made a motion to authorize the Borough Secretary to advertise for bids for the sale of the 1947 Farmal Tractor, a sickle bar, and a mower deck. Walters seconded the motion. All ayes, motion carried.

B. 2006 Boot Allotment - Dewar made a motion that the three-(3) workmen receive a boot allotment check in the amount of $100.00 per person. Walters seconded the motion. All ayes, motion carried.

3 2. Personnel Report:

A. Proposed Revision to Employee Sick Leave Policy – Walters made a motion to approve the following changes to the employee sick leave policy:

1. Each full time employee will get 15 sick days per year 2. 3 Personal days after 5 years of services (personal days will not accrue) 3. Employee can accumulate sick days up to 240 hours (30)

McCauley seconded the motion. 3 nayes. 2 ayes. Motion denied.

B. Condition of Employment Agreement – Dewar made a motion to authorize Attorney Rullo to prepare a condition of employment agreement for the new employee. In this agreement it needs to be stated that they will have two (2) years to acquire the necessary sewer and water certifications. If the certifications are not acquired their employment will be terminated. Also, a clause should be added to read that the Borough agrees to pay for all training and testing related to the water and sewer certifications and in return the employee agrees to work for the Borough for a minimum of 3 years. Should the employee leave before the 3 years, they would be required to reimburse the Borough 1/3 the cost of the water and sewer certification training and testing for each year not worked. Moore seconded the motion. All ayes, motion carried.

3. Zoning Report:

A. August Report of Building Permits Issued – Secretary provided each council member with the August Building Permit Report.

11. Old Business: None.

12. New Business: None.

13. Public Comment:

At 10:12 P.M. Miscoe called for an Executive Session of the Borough Council.

Upon returning to Regular Session at 10:50 P.M. Miscoe reported that the Executive Session was held to discuss Potential Litigation.

Dewar made a motion to authorize Harry Huzsek, Borough Superintendent, to negotiate a bid with Family Builders not to exceed $2,500.00. Moore seconded the motion. All ayes, motion carried.

With no further business to discuss, Dewar moved and Moore seconded to adjourn the meeting at 10:57 P.M. All ayes, motion carried.

The next regularly scheduled meeting of the Indian Lake Borough Council will be held on October 11, 2006 at 7:00 P.M. at the Indian Lake Borough Building.

Respectfully submitted,

Theresa L. Weyant Borough Secretary