Regular Meeting of Council, California Borough, August 14, 2008, California Municipal Building, 225 Third Street, 6:30 P.M.

President Bittner called the meeting to order.

PRESENT: John Difilippo, President Jon Bittner, Vicki Gallo, Shelly Roberts, Walter Weld, John Mariscotti, Sheila Chambers, Julie Gallo-Junior Councilperson, Mayor Casey Durdines

A moment of silent prayer remembering the family of Sean Whiten, Fire Captian who passed away from Roscoe was followed by the Pledge of Allegiance.

ADDITIONS OR CHANGES TO AGENDA Ms. Roberts – legal questions & discuss the possibility of recording work meetings Mrs. Chambers – bore under I-43, letter received today to be put on the record President Bittner – schedule next work session on the zoning ordinance announcement from school district superintendent Ms. Roberts would bring the work session up under her agenda. The agenda would stand approved as printed and amended.

APPROVAL OF MINUTES Weld/Gallo motion to approve the minutes of the Regular Meeting of July 17, 2008 duly carried. Difilippo/Weld/Gallo motion to approve the minutes of the Continued Meeting of July 18, 2008 duly carried.

PUBLIC COMMENT ON THE AGENDA JIM MADDIEX Mr. Maddiex felt he could argue about the borough manager because of his background: BA in Urban Affairs and Masters in Geography, Regional Planning. After serving four years on Council he does not see a need for a borough manager or to spend the money.

SECRETARY/TREASURER’S REPORT – Elizabeth Pfrogner Ms. Pfrogner read the account balances and accounts payable as of July 31, 2008. Chambers/Gallo motion to accept Secretary/Treasurer’s report duly carried.

PRESIDENT’S REPORT – President Bittner REPORT ON EXECUTIVE SESSION FROM COMMITTEE MEETING President Bittner reported the executive session from the committee meeting last week dealt with personnel.

CONTINUE MEETING – SEPTEMBER 4, 2008 – 6:00 P.M. This meeting would be continued to September 4, 2008 at 6:00 P.M. At 6:00 P.M. the recycling ordinance would be adopted and at 6:15 P.M. the municipal waste, leaf and recycling contract would be awarded.

ADOPT RESOLUTION APPROVING W.G. TOMKO’S HIGHWAY RESTORATION & MAINTENANCE BOND - $10,000.00 The engineer stated two resolutions have to be adopted on W.G. Tomko’s Highway Restoration and Maintenance Bond because they have the bond, are paying for the bond, are doing work on Borough streets and the Borough has to have their signature on the bond. Chambers/Roberts motion to adopt the resolution approving W.G. Tomko’s Highway Restoration and Maintenance Bond in the amount of $10,000 duly carried.

HIGHWAY RESTORATION MAINTENANCE BOND $45,000.00 Difilippo/Gallo motion to adopt the resolution approving W.G. Tomko’s Highway Restoration and Maintenance Bond in the amount of $45,000 duly carried.

RESOLUTION - RENEW MEMBERSHIP – CENTRAL WESTMORELAND COG Difilippo/Gallo motion to adopt the resolution to renew membership in the Central Westmoreland C.O.G. On a roll call vote motion carried with all members voting yes.

STREETSCAPE – CHESTER ENGINEER INVOICES The agreed upon amount of the Streetscape with Chester Engineers is $75,000. Billed to date is $57,351.16. The Borough owes $5,813.25 in outstanding invoices. Mr. Bittner called for a motion to approve payment of these invoices upon receipt by the secretary/ treasurer of documentation of work done according to these invoices so the Borough could get the Streetscape moving. They are about 95% complete with approximately $17,000 worth of work yet. Mr. DeiCas does not feel the work left would take the rest of the money. Weld/Difilippo motion. Under discussion, Mrs. Gallo stated it does not state what the engineering fees are for. Mr. Bittner had asked that it be stipulated in the motion to pay the invoices upon receipt by the secretary/treasurer of what work was performed on each invoice. On a roll call vote motion carried with all members voting yes.

GOLD RUSH DAYS The Gold Rush Days being sponsored by the Optimist Club is August 15, 16 and 17. Mr. Bittner asked for community support. Mrs. Chambers stated it was a lot of fun last year and this year would be double of what they did last year.

SUPERINTENDENT LINDA MANCINI OF THE SCHOOL DISTRICT Linda Mancini, Superintendent of the School District would like to become involved in all communities of the school district. She is having a “Meet and Greet” at the School District Offices on Orchard Street on August 26th at 7:00 P.M. Chambers/Weld motion to approve the President’s report duly carried.

PUBLIC HEALTH – Mrs. Chambers MONTHLY SEWAGE REPORT Mrs. Chamber read the sewage report for July 2008. The Borough is running high on delinquents about $78,564. This is being worked on. Information has been sent to Mr. Melenyzer to file liens against people.

SEWAGE PROJECT Mrs. Chambers stated the Borough has letters from Port Vue Plumbing and East West Manufacturing. Fayette Engineering negotiated numbers with them. Port Vue was to do the plumbing on the operations building and East West was to do the HVAC.

ACCEPT CLOSEOUT PRICING FOR PLUMBING CONTRACT 2006-04 PORT VUE PLUMBING Chambers/Roberts motion to close out contract 2006-04 with Port Vue Plumbing in the amount of $17,379 based on their letter of July 16, 2008.Under discussion Mr. Bittner asked if that would be paid out of the sewer fund. Mrs. Chambers’ understanding was it was to be paid out of bond requisition no. 4. She asked if that would be paid and they would reimburse the Borough. Mr. Melenyzer suggested turning it into PennVest. The way PennVest reads, Mr. Brower did not feel comfortable with signing off on that. Mr. Bittner asked if that could be paid out of the sewer fund and if there is time to submit it to PennVest because if they won’t approve it could be paid out of the bond. Mr. Brower stated the PennVest statement reads the work must be in place, per the contract drawings submitted to the D.E.P. and does not feel this work qualifies. Mr. Melenyzer stated the Borough fully intended to identify those as the buy out because, PennVest has pretty much signed off on a total changing of the entire project so they would know the Borough would have some buy out responsibility. Mr. Brower stated that could be done, a letter is needed stating he do that. Mr. Brower would indicate that was a buy out of the existing contract. That is why Mr. Melenyzer asked, if these people would be satisfied receiving it from the time PennVest might reject. Mrs. Chambers asked if it is coming from PennVest or the bond. Mr. Brower questioned if it is denied. Mr. Melenyzer stated it is being identified as bond so, you are not requesting PennVest pay. Every dollar spent shows up on the request. If Mr. Brower could not answer the turn around time pay it out of the bond. Mr. Brower stated four to six weeks. It could be done that way and if they send it back it could be redone. Mr. Melenyzer stated they might turn down those items not the whole requisition; that never occurs. If the turn around time could not be made, do it on a bond issue. Mrs. Chambers stated Port Vue’s letter is dated July 16 and this is August 14th, she does not want them stating they would start charging interest. She questioned that being paid out of the Borough’s checking account and if reimbursed the Borough would be reimbursed. In Mr. Melenyzer’s opinion they would not reimburse but it does not make any difference that is why he asked Mr. Brower the turn around time and if he thought they would wait for their money. Mr. Brower felt they should be sent a letter telling them their offer has been accepted and they may wait. Mr. Melenyzer stated do it out of the bond money. Ms. Pfrogner stated the requisition is out of the bond money. Chambers/Roberts motion to close out contract No. 2006-04 with Port Vue Plumbing for $17,379 based on their letter of July 16, 2008. On a roll call vote motion carried with Mrs. Gallo, Ms. Roberts, Mr. Weld, Mr. Mariscotti, Mr. Difilippo, Mrs. Chambers voting yes and Mr. Bittner voting no. CLOSE OUT HVAC CONTRACT 2006-05 Chambers/Roberts motion to close out East West Manufacturing Supply, Contract 2006- 05 for $8,409 based on their letter of July 8, 2008. On a roll call vote motion carried with Ms. Roberts, Mr. Weld, Mr. Mariscotti, Mr. Difilippo, Mrs. Chambers, Mrs. Gallo voting yes and Mr. Bittner voting no.

PENNVEST REQUISITION NO. 4 Mrs. Chambers stated PennVest Requisition No. 4 in the amount $569,614 with Port Vue and East West is being closed out and coming out of the bond. Chambers/Roberts motion to accept requisition no. 4. On a roll call vote motion carried with Mr. Weld, Mr. Mariscotti, Mr. Difilippo, Mrs. Chambers, Mrs. Gallo, Ms. Roberts voting yes and Mr. Bittner voting no.

BOROUGH MANAGER Mrs. Chambers felt this community is facing a lot of growth in the next couple years and hopes so with the 12 to 15 million dollar sewer project, Wal-Mart, perhaps more housing, expansion of the Roadman Park. Chambers/Roberts motion to immediately advertise for a borough manager with the anticipated starting date of January 2, 2009. Said person to have the minimum of a bachelors in municipal planning, five to ten years experience and salary based on experience and education. Under discussion, Mayor Durdines stated the Borough Code reads that to create a new position there would have to be an ordinance creating the position. Mr. Melenyzer stated since there is a motion to proceed, there would have to be an ordinance adopted prior to hiring and he would have to be authorized to do an ordinance. Mrs. Chambers added one of the things that upset her was this book contains $1,000,000 worth of invoices to Chester Engineers for a design that is not appropriate for this town and that this Borough could not afford. The information they gave Council was not in Council’s best interest. This town needs a professional so this never happens again. She wanted the information given to Council filtered by somebody with experience, has worked out there and could separate what is factual and what is not. That is her reason for a borough manager. It does not reflect on any staff member, any Council member, anyone. She does not want the Borough to repeat any of the mistakes from the past. Ms. Roberts agreed this does not reflect on anyone. When she found there was about $97,000 left from 2002 from the Community Development Block Grant, she felt that a borough manager could help the Borough get grants of which would eventually pay for him or her and be the person that ties everything together. This Borough is going to be growing, needs someone to coordinate this and to point the Borough in the right direction. The Mayor agreed with all of the comments and thinks the Borough needs to look into creating a position of borough manager but at the same time feels this may be premature. Council should find room in the budget so the Borough would be capable of paying this person’s salary. Mr. Difilippo felt Council should make sure this town is going to grow. Mrs. Chambers stated professional guidance would be a big help for the Borough. She is hoping that with the upgraded sewer project and Wal-Mart, this Borough could offer people to develop on the outskirts of town which would increase enrollment in the schools and demand more business downtown. Mr. Difilippo asked if she is sure the Borough is getting Wal-Mart. She had been told that this Borough is the front runner and the only one with a sewer plant. No one else has one on this side of the river or in a reasonable distance to the new Wal-Mart. Mr. Bittner agreed with the concept of a borough manager but the funding is limited. On a roll call vote motion defeated with Mrs. Chambers, Mrs. Gallo, Ms. Roberts voting yes and Mr. Mariscotti, Mr. Difilippo, Mr. Bittner and Mr. Weld voting no. The Mayor felt it would be appropriate to make the motion to proceed with the creation of the position. It does not have to be filled but it would be appropriate to have the position available if Council wants to do this next year. Difilippo/Gallo motion to have the ordinance drawn up to create the position of a borough manager. On a roll call vote motion carried with all members voting yes.

CROFTCHECK DEVELOPMENT Chambers/Difilippo motion that Council extend a letter of intent with the Croftcheck Development for 180 days from August 10, 2008 to February 10, 2009. Under discussion, Mr. Bittner asked if that means all options to them would be open for that amount of time. Mrs. Chambers stated yes, Council has to negotiate some things and that would give the Borough time to do that. She stated no options have formally been put in writing to them. The Borough was waiting for the Act 57 Plan. The Borough did tell them that they would take the line and the pump station. Those two options are in the letter of intent. They are not in the business of the sewage treatment business and want the Borough to take the line. On a roll call vote motion carried with all members voting yes. FAYETTE ENGINEERING TRENCH RESTORATION PAVING SAVINGS Mrs. Chambers stated Fayette came up with a way to pave the entire street rather than just the trench that sewer pipe goes into and save money. The five-inch base would be eliminated, the binder increased and the wearing surfacing goes from curb to curb. That would save the Borough $1,000+ every time they do this. Mr. Brower stated this would save money but the benefit would be the entire road could be paved, by putting less in the trench and more on the road. Fayette Engineering would like authorization to when they see these opportunities to make the decision in the field as long as it is under a certain value and does not increase the contract value. Mr. Melenyzer asked if this would be done in the form of a change order. Mr. Brower stated yes. Mr. Melenyzer stated this has to be done along the way because they are going beyond the terms and conditions of the contract. Change orders would commend prior approval to do what you want to do on that. Mr. Melenyzer stated there is no problem with that if it doesn’t exceed a certain value but there was an instance in the Borough where change orders were never included. Mr. Brower should pick a figure that he would not have to get Council President and Mrs. Chambers signing off. Mr. Brower stated it doesn’t exceed the contract amount. Mr. Melenyzer stated the change orders near the end could ultimately exceed the contract amount. Mr. Brower stated any new work added to the contract would be brought back to Council. Mr. Melenyzer asked the amount. Mr. Brower stated PennVest used $25,000 but he would be comfortable with $10,000. If some work is taken away, some work is added so the total value would fluctuate very little. Mr. Melenyzer though that appropriate. Mrs. Chambers asked if this is on the Tomko contract. Mr. Brower stated yes but could include any contract. Mrs. Chambers stated now it is just Tomko. Chamber/Gallo motion that during the course of Tomko’s contract with the Borough, Fayette Engineering has the authority to make changes in trench restoration and paving, miscellaneous engineering changes not to exceed $10,000. Documentation to follow monthly. On a roll call vote motion defeated with Mrs. Chambers, Mrs. Gallo, Mrs. Roberts voting yes and Mr. Bittner, Mr. Weld, Mr. Mariscotti, Mr. Difilippo voting no. Mr. Melenyzer asked if the authorized amount could be cut down and Mr. Brower bring a change order for anything in excess of that amount, if only two Council signatures are required. Mr. Brower stated with the unit pricing there is fixed prices for various quantities of work, they do not issue change orders to contracts, they just track quantities. He would never take the authorization upon himself to add work to the job. Mr. Bittner would feel comfortable with $3,000 and there be two people on Council that they could contact and have do the authorization. Mr. Brower felt that would work as long as they could get somebody on the phone. Mr. Bittner stated if something is done in the Borough for $10,000, three quotes must be obtained. Mrs. Chambers felt one of the two people should be Ms. Pfrogner who is here most of the time. Mr. Bittner stated it has to be two Councilpersons. Chambers/Mariscotti motion that during the course of Tomko’s contract with the Borough, Fayette Engineering has to power to make engineering changes up to $3,000 and they notify Mr. Mariscotti or Mrs. Chambers and documentation to follow monthly. On a roll call vote motion carried with all members voting yes.

GREEN EARTH PROJECT Mr. Brower explained the Green Earth Project is a proposal to bring money into the Borough. Green Earth Wastewater Processing is asking the Borough to transport gas well wastewater to the Borough sanitary sewage plant so that water could be treated. Brownsville and Blainsburg are taking some of this water. They are proposing to set up contracts, the agreement and run the process. $.04/gallon not to exceed 50,000 gallons/ day if the plant could sustain that. They would handle the invoicing, billing, training of Borough operators, D.E.P. documentation, etc. and cut the check for whatever gallons they pass through the process. The way the agreement is written is the Borough could cancel at anytime for any reason or no reason. The operators has the final say on whether to accept the truck and could turn any truck away that the operators are not comfortable with. Mrs. Chambers stated any equipment needed would be provided to test the salt in the water and the PH so there is really no cost to the Borough as far as purchasing something up front. It would run through the Borough’s system and they would pay $.04/ gallon. Mr. Brower recommended start out small and it could be increased gradually. The contract provides for guidelines for the D.E.P. and the Borough operator has the final say on whether he accepts the water. Mrs. Chambers asked if all of this is within D.E.P. regulations and guideline. Mr. Brower stated if you stay below a certain limit it does not impact the process. Mrs. Chambers asked if Council is interested in this proposal. Ms. Roberts asked for the low end of the amount of money that could be made each month. Mr. Brower stated if the Borough takes one half 25,000/day at $.04/gallon that would be about $20,000/month. This depends where on where the wells are and how far they have to transport the water. This is a windfall thing. It could not be counted on in the budget because there may be no water one day and more than could be handled another but seems pretty consistent after it gets started. The upper end would be $30,000 to $40,000/ month provided the plant could handle the amount of water. That has to be the primary concern. Mr. Melenyzer asked if they drew up the contract. Mr. Brower yes. Mr. Melenyzer had not looked at it yet. He asked if Mr. Brower did any negotiating with them on the price. Mr. Brower stated they are paying basically the same for each contract, $.03 to .06 depending how far they have to transport from Waynesburg. Mr. Melenyzer stated the cost of transportation should not affect the cost to the Borough. Mr. Brower stated he could talk to them. Mr. Melenyzer would look at the contract. Chambers/Roberts motion that Mr. Melenyzer be authorized to compose an agreement to be entered into with Green Earth to accept gas well waste water and process it through this Borough’s sewer treatment plant at a royalty payment to be negotiated and paid monthly to the California Borough sewer department. Under discussion, Mrs. Roberts asked Mr. Brower if this could go from $.04 up to $.08 depending upon basically how much work this Borough wants to do. Mr. Brower stated correct. Mr. Weld asked what if they show up and the guys are out working, is there notice or do they just show. Mr. Brower stated they would call, those logistics would have to be worked out, where to discharge, what the hours of operation would be. Mr. Weld asked what if the Borough workers would screw up and accept a bad load of water what kind of fines are there from the D.E.P. Mr. Brower did not think the Borough would get fined. The worst that could happen and this has happened at several locations they had to recede to that. Ms. Roberts stated it is up to the Borough workers to do the testing. Mr. Brower yes the basic testing. On a roll call vote motion carried with all members voting yes.

TOMKO UP-DATE Mrs. Chambers reported that Tomko was boring under I 43 PA Turnpike and was stopped by the Turnpike Commission. The Borough received a letter today from Mr. Barnhart, Right-of-way Utility Coordinator authorizing the Borough of California to proceed with the installation under I 43. Chambers/Roberts motion that the Borough direct Tomko to proceed with the bore based upon the letter dated August 14, 2008 from William W. Barnhart, Right-of-way Utility Director for the Pennsylvania Turnpike Commission. Under discussion, Mr. Bittner asked if Mr. Brower told them to proceed with the bore. Mr. Brower told them previously and the reason they were stopped was their insurance paperwork was not satisfactory to the Turnpike Commission and the Borough was notified because the permit was in the borough’s name. Their paper work was not correct. It became correct on July 14th and at that point they were told to go back to work per the contract. They talked to the Turnpike Commission today, the Borough has the letter and one was sent to Tomko. Mr. Bittner was told that all of the drill bits have been taken from that site. Mr. Brower stated correct, Tomko pulled his equipment out and that is why this was put in writing. Mr. Bittner also heard that something happened with that drill while it sat idle and they are not able to complete that drill. Mr. Brower was told that is their contention and he talked to a couple other contractors who stated they would not know until they start. On a roll call vote motion carried with all members voting yes.

CHIVERS UP-DATE Mrs. Chambers reported that the Chivers contract had been bought out, closed down, they have fenced in the property, it is ready for new building when the Borough gets the proposal and the bids, etc. Difilippo/Gallo motion to accept Mrs. Chambers report duly carried.

PUBLIC HOUSING – Ms. Roberts ZONING REPORTS Ms. Roberts stated next month she would begin giving zoning reports on zoning violations, zoning citations, etc. She is working with Mr. Large to find out how to put this together and how to find the time. This would be made a monthly report.

SYMPOSIUM – INDIANA, PA Ms. Roberts stated there would be a statewide symposium in Indiana, Pa on September 24th entitled “Re-inhabiting Campus Neighborhoods.” It is being taught by the Pennsylvania Chapter of American Planning Association. There would be representatives from various host communities throughout the state. She is going and would be sending her check in soon. She would like Mr. Large to go. Roberts/Chambers motion that Mr. Large, Zoning Officer would attend the symposium and his expenses, $75.00 registration fee and mileage be paid. Under discuss, Mayor Durdines asked if the Borough is paying the expense for Council members to attend. Ms. Roberts and Mrs. Chambers paid their own. The Mayor planned on going and would pay his own. Mrs Gallo asked if the Mayor thought the Chief should go also. He did not think so since it is more about housing than law enforcement. Ms. Roberts stated it is about all aspects and she had heard that Chief Encapera was invited to speak so they may pay his expenses. Mr. Bittner asked that the motion be amended to state if the Chief wants to attend, his registration fees would be paid. Ms. Roberts amended her motion and Mrs. Chambers amended her second. On a roll call vote motion carried with all members voting yes.

WORK SESSION ZONING CHANGE Ms. Roberts would like to schedule a work session for the zoning changes and Mr. Large included. This would be for any council members that had questions. Ms. Pfrogner stated this would be in the paper on Saturday so any day after Tuesday would be fine. Roberts/ Chambers motion to hold the work session zoning August 19, 2008 at 2:00 P.M. duly carried. On a roll call vote motion carried with all members voting yes.

REQUEST TO RECORD WORK MEETINGS Mrs. Roberts requested that work meetings be recorded, it would not have to be official, but so much happens at work meetings that she cannot remember what happens. She would buy her own recorder. She asked if a motion would be needed for this. The last work meeting encompassed so much that she could not remember everything. Mr. Melenyzer stated anything along those lines would make it official records of the Borough. Mrs. Roberts asked if minutes would have to typed. Mr. Melenyzer did not think minutes would have to be done but if requested by anyone, that would have to be transcribed because that would be part of the official record. Ms. Roberts asked if she typed them up. Mrs. Chambers asked what if it would be legal for her to put one here for her own recollection because there is a lot of discussions. Mr. Melenyzer stated that is up to Council to approve that type of thing as far as recording. The question then becomes when you do that type of thing, can a resident state, I know that was recorded. All he is stating is there is no legal suggestion to doing it that way if Council approves it. Ms. Roberts asked if she could record them for herself. Mr. Melenyzer stated she needs the approval of Council in order to record them for herself. Mr. Melenyzer stated she would be recording other people’s conversations and under the law you have to have everyone’s consent before you do that. Ms. Roberts asked if someone in the audience wanted to record if they would have to tell they are recording. Ms. Roberts would think about this.

LEGAL QUESTIONS - INTERPRETATIONS Ms. Roberts asked Mr. Melenyzer for legal interpretations. At the last work meeting there were questions about Borough spending. She is confused about how much Council could spend, such as Mrs. Chambers had an emergency and what the proper procedure is with spending. If told where she could find that she would look it up. If he would prefer her to write this up and fax it to him tomorrow, she would. Mr. Melenyzer stated everything the Borough can spend money on would be four to five pages long because conceptually you would have to think of each little thing that they might spend. The general rules are there are only two emergencies that can be declared on by the mayor and by the president of council. Ms. Roberts was looking for procedure. Mr. Melenyzer stated if paying regular monthly bills for utilities, generally speaking the borough secretary without motion could pay those and they are then ratified at the next meeting as part of the listing of bills. Any other expenditures have to be authorized by council. It is permissible that they could state they authorize the zoning department to spend up to $500 without additional approval. Any other expenditures must be authorized by council meaning a vote. Mr. Melenyzer stated authorization does not come from a committee or committee head. Committee and committee heads’ responsibility under the case law is to collect data, feed that data to council and council make an informed decision. Other than granting the zoning office through Ms. Roberts through approval up to $500 as an example could be done by motion even though nothing has been spent yet. That is as if council gives $500 to Ms. Roberts by motion and tells her she could expend. He could not make a list. The basic procedure is a majority vote is needed from Council to spend money. Ms. Roberts asked if any money. Mr. Melenyzer stated except for the example of how she could avoid getting authorization up to a certain sum. Theoretically that is what Mr. Brower was talking about. The reason Ms. Roberts was asking for the clarification was this has come up quite a few times. Mr. Melenyzer told her to ask for a motion to spend up to a certain amount. She then asked for the procedure for an emergency situation. Mr. Melenyzer stated the only emergencies that occur are from the president of council and mayor and he could not think of an emergency in the zoning office. Mr. Bittner stated for example if a sewer line blew up that needs fixed immediately, he could authorize that. Mr. Melenyzer stated Mr. Bittner could declare it to be an emergency and authorize expenditure to clean it up. It does not have to be bid, or follow the codes because it is truly an emergency. Ms. Roberts asked for an interpretation, in the code, section 1117-a. This states that the solicitor, whenever required furnish the council or committees thereof, the mayor or the head of department with his opinion in writing upon any question of the law which may be submitted by any of them in their official capacity. She asked if that includes her. Mr. Melenyzer stated yes, she could in writing ask for a written legal opinion. Mr. Melenyzer could give legal opinions to the mayor as, long as it is not a conflict between council and the mayor. Then he has the right to hire his own attorney. Weld/Gallo motion to approve Ms. Robert’s report duly carried.

PUBLIC SAFETY – MRS. GALLO OVERVIEW OF MONTHLY POLICE ACTIVITIES Mrs. Gallo did not have the police activities for the month of July 2008.

ANIMAL CONTROL REPORT Mrs. Gallo read the Animal Control Report for the month of July.

REQUEST FOR HANDICAP PARKING – 228 WOOD STREET Mrs. Gallo received a request for handicap parking at the Orthopedic and Sports Physical Associates. They are requesting another handicap stall. Mr. Bittner stated a citizen is requesting another handicap parking space. Gallo/Roberts motion to put a handicap sign on meter 25B. It is a handicap meter, anybody could use it but they would still have to feed the meter. Ms. Roberts asked that be explained. Mrs. Gallo stated a meter would not be lost. Mr. Bittner stated all of the handicap spaces in California are like that. They are metered stalls reserved for handicap. A few citizens have called him and asked if another stall could be put there because of their inability to park close. It is costing the Borough nothing, it is still a metered stall but would be reserved for handicap parking. Ms. Roberts agreed with this, but thinks the problem is some of the handicap spots are being taken by people who are not going to therapy. Mrs. Gallo stated people who put handicap spots by their home are paying for those spots, get a handicap sign and people who are handicap are not authorized to park there. Ms. Roberts asked if there was any way it could be guaranteed for just the people who are using that office for therapy. Mrs. Gallo stated only if they buy patient parking. Mrs. Chambers stated she had been looking and has seen memorandums back and forth between the mayor and Mrs. Gallo rescinding and rescinding and rescinding about purchase orders. Mr. Bittner stated this motion is for the handicap stall. On a roll call vote motion carried with all members voting yes.

CIVIL SERVICE Mrs.Gallo stated last month Mr. Melenyzer was given information about the Civil Service testing scores and residency of the police officers and asked if he had anything for her. Mr. Melenyzer stated no and the reason for this is the recycling has taken up tons of time. She would get something before the September meeting. The Mayor asked if Mr. Melenyzer had the specifics of what had been mentioned. Mr. Melenyzer had the two but if more are wanted he could do that. If Council has any changes pass them on to Mrs. Gallo and she would pass them on to Mr. Melenyzer. The Mayor would like this done quickly because he would like to advertise to hire by October or November, before the end of the year. Mr. Melenyzer stated that would be in place.

PURCHASE ORDERS Mrs. Chambers asked about the memos that go back and forth rescinding purchase order from the police department, who does that. Mrs. Gallo was told per the Borough Association, it is her responsibility. Mrs. Gallo asked Mr. Bittner to go to the mayor with this concern. The Mayor called the Mayor’s Association. The Mayor’s Association’s opinion was that the Mayor was within his rights to do what he did and Mr. Melenyzer could not give an opinion on this that they would offer him the legal services necessary to proceed with this. Mrs. Gallo stated the Borough’s Association stated it was her responsibility. Mr. Bittner stated there are two opinions. Mayor Durdines was not approving or having a final say on whether the purchase order was to go through or not. All purchase orders would still go to Mrs. Gallo. He told Mrs. Gallo last week, that his initials on the purchase order means he saw it, it is a legitimate expense in his opinion. If his initials are not on the purchase order, he did not see it or it is not a legitimate expenditure for what is typically purchased as far as uniforms go. Mr. Melenyzer stated Council authorizes a budget. Within that budget is an allocation of money so if there was a major expenditure, other than a routine expenditure, it would need Council’s vote to spend money. So if a police officer wanted a bulletproof vest that cost $500, unless it is in the contract, it could not even be approved. The Mayor is totally in charge of the police, if he wants them to write a requisition, he has an absolute right to do that. He is the ultimate one who would bring the expenditure to council so it sounds to him like they are both right. There was a decision in Twilight that went to court and the judge was very extensive about the fact that the police department is solely under the charge of the mayor. He would submit a written legal opinion with case law. Mayor Durdines suggested he and Mrs. Gallo get together after the meeting and he would reword the directive. He was hoping to serve as a filter so unnecessary bills would not go to Council. Mr. Bittner asked if a budget could be changed through the year and if it could, how. Mr. Melenyzer stated budgets could be changed. You have to move it from a specific budget item to another specific budget item. You have to specifically do this by resolution. Weld/Roberts motion to approve Mrs. Gallo’s report duly carried.

PUBLIC WORKS – MR. WELD ROAD PROJECT – PAVING PROJECT Weld/Chambers motion to approve the road program, paving project with the product increase. Under discussion, Mr. Bittner stated there was an excavator clause for product increase in the contract. He spoke to Mr. Melenyzer regarding this. On a roll call vote motion carried with all members voting yes.

McCRORY CIRCLE Mr. Weld was asked for extra police patrol on no parking this side of the street on McCrory Circle. Mayor Durdines stated those signs were just installed. Mr. Weld stated vehicles are still parking in the grass. Ms. Roberts stated four citations have been issued. The Mayor instructed the officer scheduled for parking to run traffic on Intermediate Unit Drive due to a citizen complaint so he would have them make a pass through McCrory on their way out to Intermediate Unit Drive. Roberts/Gallo motion to accept Mr. Weld’s report duly carried.

FINANCE – MR. MARISCOTTI AND MR. DIFILIPPO PAYMENT OF BILLS Difilippo/Mariscotti motion to approve payment of the bills. Under discussion, Ms. Roberts asked about a bill under zoning for $1,674 on the ordering of twelve sets of tax maps. She did not order those and there was no motion for those to be ordered. She remembered when that was brought up she felt they were not necessary. Now she has bill in front of her for $1,674 and does not want to sign because she did order them. She asked and Ms. Pfrogner was sure there was no motion on it. Mr. Melenyzer asked who charged that. Ms. Roberts stated Fayette Engineering. Mr. Melenyzer’s understanding was that Mr. Brower was going to produce twelve copies. If he billed that is not what was stated. Mr. Melenyzer stated Mr. Brower stated he would do them for nothing. Mr. Brower did not state he would do that for nothing, he did a lot of work on that. He would pull the bill if that is what Mr. Melenyzer wants him to do. Ms. Roberts did not remember him stating he would do that for nothing. Mr. Brower stated there is a lot of work involved in reproducing the maps. Mr. Melenyzer asked if he had authorization by motion to prepare them. He stated he took it as a directive when Mr. Melenyzer told him to do them. Mr. Melenyzer stated he thinks he could prove that he did state that he would do this for nothing. Mr. Melenyzer stated he and Mr. Brower met and went over the drawing because they were in black because the color did not come through. Then Mr. Melenyzer stated Mr. Brower volunteered to do something with them that he does not even know what it is. Mr. Large could have re-colored them for nothing. He is paid to do it. Mr. Brower never came back to him and stated what the cost would be. He never came back to Council for a motion to pay that. Mr. Brower stated he was told to do the drawings so he had the drawings done. He never charged for the original because they were in black and white. He had the C.A.D. operators draw them up so they would be presentable. They made twelve sets of copies. Mr. Melenyzer stated that is what he agreed to do the first time. Mr. Brower never stated to him that he was going to charge to have that done. Mr. Brower stated he felt that was the implication. He was told in a meeting that he would be paid for this. Mr. Melenyzer stated the problem here is that the conversation he and Mr. Brower had was that Mr. Brower was going to copy for nothing. Mr. Brower stated no he did not recall that. Mrs. Gallo stated no price was ever discussed and Mr. Melenyzer was the one who wanted twelve copies. Mr. Brower stated he was asked to make the color copies because he could do it a lot cheaper than Kinko’s. Ms. Roberts signed the bill as she remembered the whole situation. Mr. Brower did not really care about that he just wanted to make it clear that they were asked to do it and they did it. Mr. Melenyzer stated it was not his fault but in his exact words to him, were that he didn’t color them in dark enough to take off on the copier. Mr. Brower stated it needed to be done in C.A.D. to darken the color. Mr. Melenyzer stated if he went back and colored them in darker colors from a marker, they would come out on a copier. He would take one and prove it to him at the next meeting or he would pay the $1,400. Mr. Brower stated these are three x four ft. and could not be done on a regular copier. Mr. Melenyzer would take them to Farnham and Pfile and get them copied. They would donate them and he is sure he could get other people to donate them, but when Mr. Brower states C.A.D. he has no idea, he is not an engineer. Mr. Melenyzer stated there are tax maps that have the entire thing. He would get a set of maps and find out how that could be done. Mrs. Chambers commented that when you ask an engineering firm to do something you can assume that they are going to charge because when the Borough asked Mr. Melenyzer to do something Council assume they would get a bill for it. Mr. Melenyzer stated he stated he would do it for nothing. That is the difference. The only thing that changed was he could not bring back the copies in color because Mr. Large had penciled them in and he understood why he could not copy them. Then Mr. Brower stated he would C.A.D. them and Mr. Melenyzer did not know what that means. Mrs. Chambers stated that means computer assisted drawing. Mr. Melenyzer stated he already had tax assessment maps that have every lot. Ms. Roberts was very sorry and that would be paid. Mr. Brower stated he would rather it not be paid. Ms. Roberts would rather it would be. On a roll call vote motion carried with all members voting yes. Mr. Difilippo received a call about lots on the end of Meadow Street and he was supposed to get a copy of this today. Ms. Roberts stated Mr. Large was to put a copy of this in Mr. Difilippo’s file. There are two lots on the end of Meadow Street and there is a paper alley going through them. They want to know if they could claim the paper alley if they bought the lots on both sides. Mr. Melenyzer stated if there is a paper alley and the alley is vacated and each person abutting the alley doesn’t own both sides. It only goes to the center of the alley. Each person on either side of the alley ends up with half or whatever that right-of-way is so they certainly could not build on the whole paper alley. They would have to comply with the set back lines on however they are structuring. Mr. Difilippo stated the alley runs through both lots and they own both lots. Mr. Melenyzer stated that could be done by ordinance. There was some discussion about a number of paper allies that Council thought might have to be abandoned and vacated. They could be done and it is the same cost to do one paper alley. Mr. Difilippo stated they are buying the lots and came in for a request about the paper alley. He wanted to know if that has to be brought in front of Council. Mr. Melenyzer stated that has to be done by ordinance. It can be done even by motion. They could make a motion to adopt an ordinance to vacate the alley. Ms. Evens told Mr. Difilippo that she would give it to Ms. Pfrogner to put it on under his report. Mr. Large did research on this about the ordinance, but Ms. Roberts’ question was if an individual wants an ordinance to vacate that alley, is the individual responsible for paying for that ordinance. Mr. Melenyzer stated no, but it could be made a condition because it is also vacating for other people along that alley. Ms. Roberts stated then that would be up to council. Mr. Difilippo would get the number of lots for the next meeting. Mr. Bittner stated Mrs. Gallo has the intention of going over a lot of them and vacating them at the work session. Mrs. Gallo would like to take care of all paper alleys. Mr. Bittner felt there are a few the Borough should maintain for right-of- ways. Mr. Melenyzer told Ms. Gallo to make sure she has the drawings so they could get the dimensions to do the descriptions. Weld/Gallo motion to accept finance report duly carried.

JUNIOR COUNCILPERSON – MISS GALLO Miss Gallo had nothing to report this evening.

ENGINEER – MR. BROWER CLOSE OUT LETTER FROM DAVEY JONES Mr. Brower received the close out letter from Davey Jones and does not think it is reasonable. It needs negotiated. It is ridiculous. Regarding Harrison and School Street paving, PennVest money could not be used for trench restoration across the whole road. He put the pricing in there. This would probably be bid out. Tomko’s prices are excessive. They would put it back to the way it was. A cross drain and catch basin is needed at the senior citizen home. There were questions on paving and putting the handicap access slots in down the road a bit. They would cut the access in a couple weeks and he sees no problems. Regarding asking for authorization to increase work or spend, they were only looking to move a few things when they are out and a decision has to be made. He feels it would be appropriate to send a letter to PennVest to ask for clarification on spending some of this money on closing these jobs down. The ones approved tonight Port Vue and East West could be changed in the next application to move that over and ask for reimbursement. If sending a letter in now, they state that is good and then move it over if Council chooses so to do so. He is asking for permission to send Larry Gasperato a letter asking for clarification. Mr. Melenyzer asked Mr. Brower if he got a response from the letter he sent to Tomko. Mr. Brower received nothing. They called and wanted to meet. Mr. Brower asked for authorization to send a request for clarification from PennVest on the closing of these jobs. There were no objections by Council. Mr. Melenyzer stated there is a problem with David Jones asking an absurd amount, he represented David W. Jones individually before receiving his bid. Therefore, Mr. Melenyzer would not represent the Borough on that issue so Council needs to secure somebody else if Mr. Brower is going to need help legally on the negotiations. He never dealt with David W. Jones on the original bidding or anything else, but had represented him historically. Mr. Brower would talk with him and decide if he needs legal assistance. Mr. Brower wanted to point out, with Davey Jones and go back to the change order issue, when this was job was originally bid, it was a done thing where Allegheny Power had to reroute a large circuit. It was shown at bid in the contract that it was to have six conduits, which are expensive. Somehow there was verbal authorization to change that to only two conduits. That reduces the scope of that work financially. It might be worth two or three hundred dollars a yard and this is 350 feet. He researched what happened, is there something in writing to do that because he thinks he would need that in negotiating the close out with them. That is a substantial amount of money. He is not sure he would get cooperation on who authorized that change. That is a substantial change and should have been documented. The Borough should have received credit for that. Mr. Bittner asked the total of his contract. Mr. Brower stated about $500,000. Things he had done should be looked at. Mr. Bittner asked Mr. Brower if anything was done with the sewer project between Ellsworth and Skyline Drive. He looked at that and surveyors are to get the water shed there. They surveyed, would plot that out, he would take a look at that and come back to Council.

MAYOR’S REPORT – MAYOR DURDINES CIVIL SERVICE CHANGES Mayor Durdines stated Mrs. Gallo covered the Civil Service changes.

REMAINING AS MAYOR The Mayor was sure a lot of people read the article in the Observer Reporter stating he was hired as borough manager of Winber, PA. He is not going to be taking the position so he will be remaining as Mayor. He is sure some people are disappointed with that, but he would be here for the next year and a half at least.

SPEED LIMIT Mr. Bittner received requests for posting a 25 mile per hour speed limit on Hillcrest Drive. The Mayor asked if there is no posting. Mr. Bittner stated none to his knowledge. Difilippo/Gallo motion to accept the Mayor’s report duly carried.

SOLICITOR’S REPORT – Attorney Melenyzer DRAWINGS Mr. Melenyzer asked if the drawings were marked to correct the areas that were residential that were called in some instances by the Zoning Officer as commercial or business. At the last work session residential lots were left unmarked which would indicate that they were commercial or business. He thought Mr. Large was to color those in so it would be known what they are. Ms. Roberts stated the only thing she stated is that she was so confused at the end of the work meeting that she had no idea what was going on. Mr. Bittner explained that to him, they were going to go over it, he was going to show him the areas, something came up and he could not get back to him. Mr. Melenyzer stated they have to be marked correctly because legal issues have come up as to what could be done with the zoning based on what is residential, commercial and business. Difilippo/Gallo motion to accept the Solicitor’s report duly carried.

OLD BUSINESS There was no old business at this time.

NEW BUSINESS Mr. Bittner asked if there is a meeting on August 25th. Many people asked him if he was attending and he knew nothing about a meeting. Ms. Roberts asked what kind of meeting. Mrs. Gallo felt no. RECOGNITION OF CITIZENS JIM MADDIEX Mr. Maddiex agreed with creating an ordinance for borough manager but expressed concern regarding wages and an office. He would rather have a full time officer, asked if the parking enforcement officer had been replaced. Mr. Bittner stated a full time officer was hire. He questioned the spot opened up by Mr. Conaway. The Mayor stated changes are to be made to the Civil Service Ordinance first. The Chief and Mayor would be meeting with the union steward regarding the parking officer. He would let Mrs. Gallo know when the date is set. Mr. Melenyzer felt that was negotiated out of the contract. In the new contract that is mandatory, so if the Borough doesn’t want to they do not have to hire somebody. The Mayor stated that shift is being filled with part time officers. Mr. Maddiex spoke about the budget and purchase orders.

DAVE MCCLELLAND Mr. McClelland asked if School Street would be patched or the entire streets paved. Mr. Bittner stated information was received from the engineer that would be looked at.

MR. GUTOSKY Mr. Gutasky asked for a breakdown on the maps, how much per page and what the threshold on the change orders is. Mr. Bittner had never seen a bid written with a threshold on a change order. He does not know if there is such a thing. Mr. Brower stated it is whatever is justified. Mr. Bittner stated Council approves the change orders. Ms. Roberts stated 12 copies of 13, 24x36 at $1.5/each. 12 of 13 color maps at $5.00/each. There were 13 pages per set. The total was $1,674 and there was labor associated with that. Mr. Brower stated there was 20 hours of drawing time and $600 in material.

LOU CRUMRINE Mr. Crumrine, member of the California Optimist Club thanked Council for the work that they have done this year in promoting the Gold Rush Festival. He is asking everybody to attend. The opening ceremony 3:00 P.M. on August 15, 2008.

DAVE McCLELLAND Mr. McClelland asked that a “No Outlet” sign be put on Harrison or School Street. Mr. Weld would contact Mr. Vitchoff to have this done.

This meeting would be continued to September 4, 2008 at 6:00 P.M.