MINUTES INDIAN LAKE BOROUGH COUNCIL MEETING JUNE 14, 2006

The regularly scheduled meeting of the Indian Lake Borough Council was held on June 14, 2006 at 7:00 P.M. at the Indian Lake Borough Building.

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

Visitors – Denise J. Miller, Charlie Fox, Attorney George Kaufman, David and Alyson Finui, James Brant, Richard Stern, Fred Jones, Forrest Schucker, Myles Stepanovich, Chris Charles, Al Lichtenfels, Frank Duca, Don Reed, and Ed Trofino.

The meeting was called to order at 7:00 P.M. by Terry L. St. Clair, President.

ORDER OF BUSINESS

1. Approve the Minutes of the Hearing and Meeting held on May 10, 2006 – St. Clair asked for additions and/or corrections. There being none, Walters moved and Moore 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 May 31, 2006. Secretary would like to add the following additional outstanding bill to the List of Bills Report: GAI, engineering services for dam remediation, in the amount of $23,291.35. Walters made a motion to approve the Borough’s Financial Reports, including the amendment to the List of Bills Report. Bozovich seconded the motion. All ayes, motion carried.

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

Secretary reviewed the Sewer Plant Financial Reports and the List of Bills for May 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 May 31, 2006. Walters made a motion to approve the Summary of Account Balance Report for May 31, 2006. Dewar seconded the motion. All ayes, motion carried.

3. Welcome Visitors – Denise J. Miller, Charlie Fox, Attorney George Kaufman, David and Alyson Finui, James Brant, Richard Stern, Fred Jones, Forrest Schucker, Myles Stepanovich, Chris Charles, Al Lichtenfels, Frank Duca, Don Reed, and Ed Trofino.

1 4. Myles Stepanovich–Shoshone Inlet Modifications – Mr. Stepanovich asked Council to send a letter to the PA Department of Environmental Protection requesting a preliminary wetland delineation meeting with the PA Department of Environmental Protection, the Army Corp of Engineers, and Musser Engineering. Once this meeting is completed, the parties involved will have a better understanding of the project’s feasibility, its impact on the environment, and a more definite cost estimate.

Dewar made a motion to send the letter to the Department of Environmental Protection and to authorize the expenditure to Musser Engineering. Walters seconded the motion. All ayes, motion carried.

5. David Finui-Sewage System – Mr. and Mrs. Finui presented Council with their sewage system site plan for Fairway 106 and Peninsula 91. Mr. and Mrs. Finui have agreed to maintain all required isolation distances, maintain a minimum slope in the delivery line from the aggregate bed back to the dosing tank, Peninsula 91 and Fairway 106 will be permanently tied together by deed and no other dwellings or sewage disposal facilities will be permitted on either of these lots, there shall be a minimum of 18” separating the pipes when the delivery line crosses under the water main, and the sewer line shall be encased in the conduit for a minimum of 10’ on each side of the water line.

Council also instructed Mr. and Mrs. Finui that they would need to stay at least 4’ from the cart way (road) and where the sewer line needs to cross the roadway they will be required to bore under the road the Borough will not allow them to cut the blacktop. Mr. and Mrs. Finui agreed.

Walters made a motion to adopt the proposed resolution agreeing to the issuance of a sewage permit for David and Allison Finui on Fairway Lot 106 and Peninsula Lot 91 subject to the terms and conditions as set forth in the resolution. Dewar seconded the motion. All ayes, motion carried.

6. Ronald Hamaty-Zoning Issue – Mr. Hamaty stated that he has applied for a building permit application to build an addition onto his house, which is located on Choctaw 137. Mr. Hamaty stated that his building permit application is going to be turned down due to a water line which runs through the middle of his property. Mr. Hamaty is requesting that the Borough remove the water line so as not to restrict the building of his addition.

Council informed Mr. Hamaty that this water line was installed back in the early 60’s before Indian Lake was even a Borough, and therefore, if Mr. Hamaty wants the water line moved, it would be at his expense.

7. Legal Report:

At 7:54 P.M. St. Clair called for an Executive Session of the Borough Council.

Upon returning to Regular Session at 8:15 P.M. St. Clair reported that the Executive Session was held to discuss Potential Litigation.

Miscoe made a motion to authorize Attorney Dickey to file the necessary court documents to get an injunction on Mark Raymond. Walters seconded the motion. All ayes, motion carried.

8. Correspondence:

A. Sr. Anne Frances Pulling-Pictorial History Book of Somerset County – Sr. Anne Frances Pulling is requesting several original pictures which pertain to Indian Lake to include in her pictorial history book of Somerset County. Council asked the Borough Secretary to put this request into the next newsletter and to send her some of the old pictures of the dam which the Borough has.

2 B. Somerset Conservation District-West Nile Virus Surveillance – The Somerset Conservation District is continuing its West Nile Virus Surveillance and Control program for 2006. If the Borough would like any further information, pamphlets to distribute, or hear an educational presentation the requested material will be provided or delivered at no cost. Council instructed the Borough Secretary to include this information as well as the contact information in the next newsletter.

C. Indian Lake Service Corporation-2006 Annual Fireworks Display – The Indian Lake Service Corporation sent a letter to the Council informing them that Terry Shaffer, Chief of the Shanksville Volunteer Fire Department has been notified of their intentions to put off the fireworks display on the evening of July 1st at sunset. The Indian Lake Service Corporation has contracted with The Little Big Shots, LTD to set off the fireworks. Enclosed with the letter is a copy of their insurance certificate. Miscoe made a motion to authorize the Indian Lake Service Corporation to proceed with contracting with The Little Big Shots, LTD and to permit them to use the inside elbow of the Indian Lake Dam Spillway for the fireworks display. Dewar seconded the motion. All ayes, motion carried.

D. Alfred Lawson-Requesting the Purchase of a Second Automatic External Defibrillator – Mr. Lawson is requesting that the Borough purchase a second automatic external defibrillator for the Borough and have a rotating roster of volunteers or other residents of the lake to keep the AED on hand in order to have 24 hour protection. AED’s are safe to operate, and our police, who are trained in their use, could provide the necessary training to the volunteers. Mr. Lawson has also enclosed a check for $100.00 toward the purchase of another AED and if Council Members and others join in this effort, another AED could be acquired.

Council requested that the Borough Secretary return Mr. Lawson’s check and advise him that at this time, the Borough has no intention of purchasing a second AED and that if he or any other resident wish to form their own volunteer group and are willing to get the necessary training, the Borough has no objections to them purchasing an AED for their own use.

E. Musser Engineering-Request for Water Service at Universal American Commercial Storage Building – Musser Engineering on behalf of Universal American is requesting water service to the commercial storage building located on East Airpark Road. The excavator will be laying out the sand mound and once it is installed and approved Universal American will need water to fill the tanks and test the system. Also, the required frontage buffer trees should be completed within 30 to 45 days. Walters made a motion to deny the request. Miscoe seconded the motion. All ayes, motion carried.

F. Senator Richard Santorum-Federal Grant Seminar – Senator Richard Santorum is extending an invitation to attend a Federal Grant Seminar on Tuesday, June 20, 2006, at the Northern Cambria Recreation Center in Ebensburg. There is no cost to attend. Council asked the Borough Secretary to attend the Federal Grant Seminar in Ebensburg.

9. Committee Reports:

1. Finance Report:

A. Employee Health Insurance Renewal Rates - – Walters made a motion to accept the renewal rate quotation from UPMC for option EPO5 for the employee health plan benefits for 2006- 2007. Dewar seconded the motion. All ayes, motion carried.

B. Establish a Late Fee for Non-Payment of the Sewage Maintenance Fee and to Establish a Procedure to Collect Delinquent Fees – Miscoe made a motion to allow 45 days to pay the sewage maintenance fee. If the fee is not paid within the 45 days, there will be a $10.00 late fee assessed and an additional 30 days will be given to pay. If not paid within the 30 days a $35.00 delinquent notice and police posting fee will be assessed along with a water termination date for non-payment. If water needs to be turned off for non-payment there will be a $25.00 turn-off fee along with a $25.00 turn-on fee. Bozovich seconded the motion. All ayes, motion carried.

3 C. Amendment to Sewage Maintenance Ordinance –Miscoe made a motion to adopt a resolution stating that when a normal annual sewage inspection occurs followed by a property transfer within a 1 year period, the inspection requirement for the property transfer will not be required. Walters seconded the motion. All ayes, motion carried.

D. Mandating Garbage Service – Miscoe made a motion to authorize Attorney Dickey to prepare an ordinance mandating that everyone gets garbage pick-up. McCauley seconded the motion. All ayes, motion carried.

2. Police Report:

A. Increase Number of Secondary Non-Powered Boat Licenses - Miscoe made a motion to increase the number of secondary non-powered boat licenses by 30 (300 to 330). Dewar seconded the motion. All ayes, motion carried.

B. Saturday Hours – Miscoe made a motion that effective with the 2007 boating season the Borough will no longer have Saturday hours and boat licenses will be done by mail only. Bozovich seconded the motion. All ayes, motion carried.

3. Personnel Report:

A. Hiring of Another Full-Time Employee – Miscoe made a motion to authorize the Borough Secretary to advertise for another full-time employee who is willing to become a certified water and sewer operator and to have the personnel committee prepare a job description. Bozovich seconded the motion. All ayes, motion carried.

4. Zoning Report:

A. St. Clair Resort Development-Rezoning Request – Dewar made a motion to approve the rezoning of the three (3) lakefront lots for the Pow Wow Lakeside Estates, which is adjacent to the Shawnee Subdivision, from Commercial Recreational Hotel to R-1 Single Family Residential. Miscoe seconded the motion. 6 ayes, 1 abstention. Motion carried. St. Clair filed the abstention memorandum with the Borough Secretary.

10. Old Business: None.

11. New Business:

A. Setting off Fireworks for a Wedding at Indian Lake Resort – St. Clair stated that Indian Lake Resort has a request from a couple who would like permission to set off some small fireworks whenever the bride and groom leave the wedding. Miscoe made a motion to allow the wedding party to have fireworks set off whenever they leave the reception pending that they provide the Borough Secretary with a letter requesting permission, the details of who is setting off the fireworks, where they will be set off at, when they will be set off, a certificate of insurance listing the Borough as an additional insured, and a letter from the property owner stating that they are allowing them to set the fireworks off on their property. Dewar seconded the motion.

B. Cherokee Lane – Miscoe made a motion to authorize Attorney Dickey to contact Attorney Chuck Mason (Scott Moore’s attorney) and notify him of the Borough’s intention to reassert our right to the easement on Cherokee Lane. McCauley seconded the motion. 6 ayes, 1 abstention. Motion carried. Moore filed the abstention memorandum with the Borough Secretary.

12. Public Comment – None.

With no further business to discuss, Miscoe moved and McCauley seconded to adjourn the meeting at 10:12 P.M. All ayes, motion carried.

4 The next regularly scheduled meeting of the Indian Lake Borough Council will be held on July 12, 2006 at 7:00 P.M. at the Indian Lake Borough Building.

Respectfully submitted,

Theresa L. Weyant Borough Secretary

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