ࡱ> q` KbjbjqPqP 4t::fC%&&&8>&d&<?h&&" ' ' ' ' ' '$h!5 ' '!5!5 ' '<<<!5 ' '<!5<<~t8 '& 8/#4&:XrL0?e; JF, 'Xd+<~.|0' ' ' 'q<d ' ' '?!5!5!5!5D$ Borough of Heidelberg COUNCIL MEETING Tuesday, October 20, 2015: 7:00 PM Community Room, Heidelberg, PA 15106 The October 2015 Heidelberg Borough Council Meeting was called to order at 7:00 PM, in the Heidelberg Borough Community Room, 1639 East Railroad Street, followed by the Pledge of Allegiance led by Council President Carrie Nolan. Roll Call: President Nolan Present Vice President Jordan Present Councilman DeBar Present Councilman Duda Present Councilman Pattinato Present Mayor LaSota Present Manager Loutitt Present Solicitor Tucceri Present Motion Ratify and pass the Minutes from the October 13, 2015 and October 20, 2015 Council Meetings was made by Vice President Jordan. Motion was seconded by Councilman DeBar. Councilman Pattinato abstained. Motion carried 4:0. Motion Ratify and pass the Special Meeting Minutes from the September 22, 2015 meeting at the Heidelberg Borough Fire Hall was made by Vice President Jordan. There was not a second. There was no further discussion. Motion to Acknowledge receipt of the Borough Treasurers Report for October 2015 was made by Councilman DeBar. Motion was seconded by Vice President Jordan. Motion carried unanimously. Motion to Acknowledge receipt of the Borough Managers Report for October 2015 was made by Councilman DeBar. Motion was seconded by Councilman Duda. Motion carried unanimously. Motion to Approve and Pay the Bills for October 2015 was made by Councilman DeBar. Manager added that she had a bill faxed from Scott Township on Tuesday, October 20, 2015 for unpaid Streetscape Charges for a sum of $7,306.89. President Nolan added that the Borough spent about $7,000.00 on burning bushed for Luprex Park because Council was told that there was extra funding left over from the Streetscape Project. Loutitt Councilman Duda asked Manager Loutitt to verify the amount that should be refunded to Mr. Ray Losego for a double payment for an occupancy inspection. President Nolan stated that she remembered the price being discussed at the previous meeting was $50.00. Manager Loutitt stated that Occupancy Inspections cost $65.00 since 2015, and she will double-check the amount owed to Mr. Losego. The Motion was amended by Councilman DeBar to remove the payment to Mr. Losego and the payment to Scott Township for the Streetscape Project. Motion was seconded by President Nolan. Role call vote was taken: DEBAR YES, DUDA NO, JORDAN YES, NOLAN YES, PATTINATO - NO; motion carried. Public Comment for Agenda Items Solicitors Report Solicitor Tucceri reported that he submitted a written activity report to Council and stated that he would answer any questions. Mayors Report The Mayor reported summary police statistics covering the period September 1 through September 30, 2015. The Heidelberg Police Department reported 82 incidents and calls and collected $2,818.28 in payments for fines. Mayor LaSota reported that he attended a Chartiers Valley Education Foundation Board of Directors meeting on September 21, 2015. Mayor LaSota reported that he attended Allegheny Land Trusts Board of Directors Meeting on September 24, 2015 in Pittsburgh. Mayor LaSota reported that he, along with many members of Council and attendees of this meeting, attended Heidelberg Boroughs Oktoberfest on September 26, 2015 in Heidelberg Park. Mayor LaSota reported that he performed a wedding on October 15, 2015 at the Heidelberg Park Gazeebo. Old Business Mr. Ed Schmidt of ESI and Associates discussed the Borough of Heidelbergs 2016 insurance policies from Argonaut Insurance. Mr. Schmidt explained that he is an Insurance Broker, not an Agent, so he represents his clients and not the insurance companies. Mr. Schmidt explained his process of shopping for the Borough of Heidelbergs insurance policies, stating that only certain providers will bid policies for small boroughs. Mr. Schmidt also explained by securing a second, independent policy for the Borough of Heidelberg Volunteer Fire Department, vehicle insurance prices decreased and HVFD was able to receive better coverage. Mr. Bryan Flaugh of Gateway Engineers discussed Ellsworth Playground with Council and members of the audience. Councilman DeBar asked Mr. Flaugh to explain the process by which Ellsworth Playground was designed. Mr. Flaugh explained that the former Borough Manager Mr. Joe Kauer acted as the liaison between Gateway Engineers and Council, so Gateway Engineers believed that directives given by Mr. Kauer reflected the needs of Council. Mr. Flaugh states that met with Mr. Kauer on several occasions at the Ellsworth Playground site to discuss how the park is used and what Council wants in the rehabilitated playground. Mr. Flaugh states that the first layout design submitted by Gateway Engineers for the park reflected these meetings and conversations with Mr. Kauer. Mr. Flaugh explained that Gateway Engineers believed that any changes made to the playground reflected the needs of Council. President Nolan asked why the existing portion of ten-foot-high fence was replaced with a six-foot-high portion of fence. President Nolan supplied a document from July 2014 from Gateway Engineers where Gateway stated that fencing was to be removed and replaced, complete in place. Mr. Flaugh explained that the term complete in place refers items being installed according to construction plans. Councilman DeBar stated that he believes that the change in fence heights is a safety issue and asked Mr. Flaugh who decided to change the heights in fencing. Mr. Flaugh explained that there was an alternate bid package where a ten-foot-high fence would be placed around the entire playground, but Council approved the base bid. Mr. Flaugh stated that Gateway was instructed by Mr. Kauer as to where to place the different fence heights in the base bid package. President Nolan asked Mr. Flaugh what it would take to remedy these fencing issues at Ellsworth Playground. Mr. Flaugh stated that the contractors can add extenders to the six-foot-high fence and add new chain link, and this would cost the Borough about $5,500.00. President Nolan also stated that the painted lines at the ball-field portion of the playground are also incorrect. President Nolan stated that home plate should be in the backstop in a baseball field. Mr. Flaugh said that he was told by Mr. Kauer that the field was used for kickball, not baseball. Mr. Flaugh stated that he will consult the drawings and contractor about having lines repainted. Councilman DeBar stated that this playground is too new to have these types of problems with line placement. Mr. Flaugh stated that the project was done without having a survey of the park done in order to cut the project costs, and this may help explain why the lines seem incorrect. President Nolan asked why the electrical boxes were placed inside of the fencing instead of outside of the fencing. Mr. Flaugh responded that the electrical junction boxes were placed inside of the fence in the final version of schematics. Manager Loutitt added that the Borough chose the spacing between these junction boxes but did not decide how far away from the fence that they were located. Councilman Duda added that these boxes are ground boxes that are flush with the pavement. Councilman Duda also explained that the conduit piping underneath the pavement may have forced the contractor to install the boxes away from the fence because fence posts may have been in the way of the conduit. Vice President Jordan asked why the cost of electrical wiring was not included in the project cost. Mr. Flaugh stated that electrical work was omitted by Mr. Kauer and it was his understanding that, at that time, there was someone on Heidelberg Council that was to do the electrical work for the playground. Mayor LaSota asked if it is common to have junction boxes built into pavement. Mr. Flaugh explained that they can also be located in the natural ground as well. In this case, the junction boxes were placed inside of the playground as a preference decision. Public Comment on Ellsworth Playground: Jason Atkins of 1731 Ellsworth Avenue: Mr. Atkins addressed Borough Council about Ellsworth Playground. Mr. Atkins stated that even the workers for McElroy paving knew that the playground is backwards. Mr. Atkins asked what exactly the Borough of Heidelberg spent its money on at the Ellsworth Playground. Richard Losego of 1828 Ellsworth Avenue: Mr. Losego addressed Borough Council about Ellsworth Playground, asking who the project manager for the project was. President Nolan stated that Gateway Engineers and the former Borough Manager Mr. Kauer represented Council for a majority of this project. Mr. Losego rephrased his question, asking who signed off on the placement of the play areas and the fence heights. Mr. Losego stated that errors and omissions insurance coverage may cover some costs to fix these issues. Mayor LaSota reminded Council that he expressed concerns about the layout of the park before Council voted to approve the plans. President Nolan stated that the park base bid was approved in a 3:2 vote. Mr. Losego asked how the park project was approved without a survey. Walpurga Allen of 1707 Washington Street: Mrs. Allen addressed Council, asking how these issues are the fault of Joe Kauer. Solicitor Tucerri apologized for how the discussion was interpreted by Mrs. Allen. Heidelberg Borough Council revisited chosen dates for budget meetings. The finalized dates and times are now: November 2, 2015 at 6:30 PM, November 24, 2015 at 6:30 PM, December, 2015 at 6:30 PM, and December 7, 2015 at 6:30 PM. Motion to advertise for budget meetings was made by Vice President Jordan. Motion was seconded by Councilman Debar. DEBAR YES, DUDA YES, JORDAN YES, NOLAN YES, PATTINATO - ABSTAINED; motion carried. New Business Motion to award bid to Amiricam Contracting for repairs to the porch at 1639 E. Railroad Street was made by Councilman Duda. Motion was seconded by Councilman DeBar. DEBAR YES, DUDA YES, JORDAN YES, NOLAN YES, PATTINATO - NO; motion carried. Motion to re-appoint Mr. Tom Allen to the Nuisance Committee was made by Councilman DeBar. Motion was seconded by Councilman Duda. Motion was not seconded. DEBAR YES, DUDA YES, JORDAN YES, NOLAN YES, PATTINATO - ABSTAINED; motion carried. Motion to appoint HMT and Associates as the Borough of Heidelbergs third party Building Inspector and Code Enforcement Agency was made by Vice President Jordan. Motion was seconded by Councilman Debar. DEBAR YES, DUDA NO, JORDAN YES, NOLAN YES, PATTINATO - NO; motion carried. Motion to add President Nolan and Vice President Jordan to the signature cards for Borough bank account at First Niagara Bank and Northwest Savings Bank was made by Councilman Debar. Motion was seconded by Vice President Jordan. DEBAR YES, DUDA NO, JORDAN YES, NOLAN YES, PATTINATO - NO; motion carried. Motion to approve fourteen hours of comp time for Borough Manager Loutitts work at Heidelberg boroughs oktoberfest was made by Vice President Jordan. Motion was seconded by Councilman Debar. DEBAR YES, DUDA NO, JORDAN YES, NOLAN YES, PATTINATO - NO; motion carried. COMMITTEE REPORTS SHACOG: President Nolan reported that she attended a SHACOG meeting on September 17, 2015 in Baldwin Township. There was a request for SHACOGs credit union to sublease an area in the Scott Township Borough Building. SHACOGs 2014 audit is still unfinished. President Nolan reported that she attended the October 15, 2015 SHACOG meeting in South Park Township. South Fayette wishes to join SHACOG. The SHACOG Vactor Truck is old and in disrepair, so it may need to be replaced. Municipalities that use the truck pay for the truck; Heidelberg Borough is one of these communities. The truck is 15 years old and over $17,000.00 has been spent on repairs. A new truck is expected to cost around $400,000.00. Rock salt bids came in lower than they did last year. The pricing for garbage services is expected to go down due to the decrease in gas prices. Bids for fall commodities opened on October 9, 2015, and bids for trucks will be coming up in the near future. Mayor LaSota asked of the other communities that use the Vactor Truck are leaning towards opting out of the program. President Nolan stated that this is new information and it is too premature to project that now. ROADS: Councilman Jordan reported that the Department of Public Works has been performing their regular duties and painting curbs. The DPW is getting ready for winter. Their cat trapping program is about to end for 2015 due to the change in weather. Additionally, the DPW is looking into different options for the Route 50 hillside for next year in order to cut down on the time it takes to cut the grass. RECREATION: President Nolan reported that Oktoberfest was held on September 26, 2015. President Nolan thanked all of the community members as well as the members of Council that helped with the event.The final Food Truck Friday was held on October 9, 2015. The Recreation Committee is exploring ways to grow the event in 2016. FLOOD CONTROL: There was no meeting. PUBLIC SAFETY: Councilman Duda addressed Council, stating that members of the Heidelberg Borough Police Department as well as the Heidelberg Borough Fire Department will be patrolling the streets during Halloween. CODE ENFORCEMENT: Councilman Jordan reported that Professional Code Services will complete all of their open cases. COMMUNITY REDEVELOPMENT: Mayor LaSota reported that he participated in the groundbreaking ceremony for the David Wright Apartments. Mayor LaSota said that it was a wonderful event. The building is a $14 million development and will be the tallest building in Heidelberg when it is complete. Public Comment: Sharon Wicobroda of 510 Grant Street: Ms. Wicobroda thanked Manager Loutitt for her service to Heidelberg. Ms. Wicobroda said that Manager Loutitt was thrust among a lot of difficult situations including Oktoberfest, investigations, and threats of lawsuits. Manager Loutitt stepped up to the plate and really did a lot for Oktoberfest. Ms. Wicobroda stated that Oktobergest was not a Carrie, Sharon, and Amanda event. Oktoberfest is a community event and Council should have been more involved with the recreation meetings and actually helping with Oktoberfest. Ms. Wicobroda also stated that she is aware that residents, business owners, former Council Members, and current Council Members told other residents not to attend Oktoberfest. Ms. Wicobroda is distressed by these happenings. Ms. Wicobroda addressed Council about their conduct. Ms. Wicobroda stated that she finds the lack of professionalism of this Council to be disgusting. Ms. Wicobroda said that members of Council using their position on Council for their own benefit are wrong, and to see write-ups in the news paper about the ethics investigations is appalling. Ms. Wicobroda said that these are not only current problems with the current Council, these issues go back to the former Council. As a citizen, these happenings are disgusting. Richard Losego of 1828 Ellsworth Avenue: Mr. Losego addressed Council, stating that there is four-door gold nuisance vehicle and asking for Council to take action. Thomas Allen of 1707 Washington Street: Mr. Allen addressed Council asking that the 1701 Washington Streets needs to be cut. Richard Losego of 1828 Ellsworth Avenue: Mr. Losego addressed Council, asking what the liability is for the public parks. WeeCare is using the Ellsworth Playground for its playtimes, which is a liability issue. President Nolan said that Council will look into this issue. Good of the Order: President Nolan stated that the Borough lost on of its members over the weekend. Maxine Wissel passed away on Sunday. There is a viewing scheduled for tomorrow. Solicitor Tucceri addressed Council. Solicitor Tucceri stated that Mayor LaSota raised a few issues via email that must be addressed. In regards to Mayor LaSotas concern that Carrie Nolan, who was Vice President of Council at the time, signed passed ordinances in September, Solicitor Tuccerri stated that the Vice President of Council can sign ordinances in the absence of the President of Council. In regards to a concern voiced by Mayor LaSota about the reorganization of Council, Solicitor Tucceri suggests that the matter be discussed in Executive Session. Borough Council Entered Executive Session at 9:24 PM to discuss a personnel issue. Executive Session ended at 9:49 PM. Councilman Jordan asked Solicitor Tucceri if Council can talk about the ongoing Ethics Investigation. Solicitor Tucceri stated that he does not know at this point. Councilman DeBar stated that he was interviewed by a representative from the state Ethics Commission for over an hour and a half and the investigator never said that the investigation was confidential.. Motion to adjourn was made by Councilman Duda. Motion was seconded by Councilman DeBar. Motion carried. The October 2015 Heidelberg Borough Council Meeting adjourned at 9:51 PM. 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