KULPMONT BOROUGH COUNCIL REGULAR MEETING APRIL 10, :00 PM

Transcription

1 KULPMONT BOROUGH COUNCIL REGULAR MEETING APRIL 10, :00 PM Opening Prayer by Stephanie Niglio The Pledge of Allegiance to the Flag by body present. Kulpmont Borough Council held its Regular Monthly Meeting Tuesday, April 10, 2012 at 7:00 P.M. in Council Chambers. Roll call was taken and the following members were present; Mayor Myron F. Turlis, Nicholas Bozza, Stephanie Niglio, Philip Scicchitano, Bruno R. Varno and Joseph A. Winhofer. ABSENT: Councilpersons Mr. Clarence Deitrick and Mr. James K. Wisloski. APPOINTED POSITIONS: Borough Solicitor William C. Cole, Borough Treasurer Paul A. Niglio, Jr., Borough Supervisor George Malakoski, Fire Chief Ray Siko and Jeff Gilotti. PRESENT: Police Chief Richard L. Wilson, Borough Secretary Rhonda Wilk and Code Official John Timm. OTHERS PRESENT: Michael Begis, Joe Cesari, Nicole Baker, Jessica Harllow, Lisa Varano, Ali Varano, Stephen Motyka, Jennifer Bolick, Health Bolick, Isabella Stellar, Jordan Winhofer, Brianne Graff, Paige Hornug, Ronotta Ahrensfield, Joe Poliza, Anna Raybuck and Deena Raybuck. OPPORTUNITY FOR CITIZENS TO BE HEARD ON ANYTHING THAT IS ON THE AGENDA: No one spoke PRESIDENTS REPORT (Bruno R. Varano) Mr. Varano states that the Borough would like to present the Lady Red Tornadoes Basketball team with a resolution #684 this evening and asks for the Coaches and the members of the team to come forward as they are presented with a resolution by Councilman Joseph A. Winhofer, and reads as follows; 1

2 RESOLUTION #684 WHEREAS, Kulpmont Borough Council are proud to recognize the Lady Tornadoes Basketball Team on their outstanding performance, and WHEREAS, Under the expert guidance of Head Coach Lisa Varano who was named PHAC Division II Coach of the Year and assisted by Frank Bolick and Gary Spears, and WHEREAS, The Lady Tornadoes Varsity Basketball team compiled a 27-1 record, finishing 22-0 in the regular season being named Pennsylvania Heartland Athletic Conference Division 2 Champions for the second year in a row, District Four AA Champions for the second year in a row and winning two State Playoff Games in making it to the Eastern Semi-Finals, and the team being comprised of; Varsity # 3 Heather Bolick # 5 Amanda Kuzo # 10 Paige Hornung # 13 Alison Varano # 14 Kim Turlis # 20 Alussa Buggy # 23 Kayla Shamus # 25 Ellese Nestico #32 Ana Raybuck # 33 Ranotta Ahrensfield #34 Kim Andruscavage Junior Varsity Isabella Stellar Brianna Lutz Paige Hornung Chelsea Mator Jennifer Bolick Jordan Winhofer Madison Watkins Darla Hood Morgan Miriello Brianne Graff Ellese Nestco Marissa Klinger NOW, THEREFORE, BE IT RESOLVED, that the Kulpmont Borough Council acknowledges the stellar athleticism, sportsmanship, and dedication of these champions and congratulate the Lady Tornadoes and Coaches on their championship season. ADOPTED ON THIS THE 10 TH DAY OF APRIL, 2012 Head Coach Lisa Varano on behalf of the coaches, girls and herself thanked Council for the recognition and states that it really does mean allot and is an honor. MAYORS REPORT (Myron F. Turlis) The Mayor states that 35 flags are needed for display on Chestnut at a cost of $ to be purchased through Congressman Marino s office. MOTION- A motion was made by Mr. Bozza and seconded by Mr. Scicchitano to purchase 35 flags through Congressman Marino s office at a cost of $

3 VOICE VOTE- Unanimous Mayor Turlis states that he has a request from the Knights of Columbus for a street closure on the 800 block of Firs Street on October 20 th between the hours of 12:00 noon and 6:00 PM for a wine fest and states that he just wanted to make council aware of it. SECRETARYS REPORT (Rhonda Wilk) Approval is needed from the March 13, 2012 regular monthly meeting. MOTION- Mr. Winhofer makes the motion and was seconded by Mrs. Niglio to approve the meeting minutes from the March 13, 2012 regular monthly meeting. VOICE VOTE- Unanimous Rhonda states that correspondence was received from Aqua Pennsylvania concerning the bond and 2 year warranty copied to Council and Mayor. Mr. Varano states that has been all taken care of. TREASURERS REPORT (Paul A. Niglio) Mr. Niglio states that approval is needed on the financial statement and to pay the bills. MOTION- Mr. Winhofer makes the motion and is seconded by Mr. Bozza to approve the financial statement and to pay the bills. ROLL CALL VOTE- BOZZA (yes), DEITRICK (absent), NIGLIO (yes), SCICCHITANO (yes), VARANO (yes), WINHOFER (yes), WISLOSKI (absent) SOLICITORS REPORT (William C. Cole) The Borough Solicitor states that the draft ordinance on will be discussed under Mrs. Niglio s Code, Health and Safety committee. POLICE CHIEFS REPORT (Richard L. Wilson, III) Police Chief s report, attachment #2 FIRE CHIEFS REPORT (Raymond Siko) 3

4 Fire Chief s report, attachment #3 Mr. Siko states that a request has been made by the Kulpmont Fire Co., No 1 station 220 in reference to updating Emergency Parking in the area of their station, as noted on the bottom of the Fire Chief s report. EMERGENCY MANAGMENT (Kevin O Hearn) No Report BUILDING INSPECTORS REPORT (Tom Nowroski) No Report CODE HEALTH ENFORCEMENT OFFICERS REPORT (John E. Timm) Report attachment # 3 PERSONNEL COMMITTEE (Philip Scicchitano) No Report SERVICE / FACILITIES COMMITTEE (Nicholas Bozza) We received prices on the new speed limit signs, Ace of signs came in at $ , Protection Services at $ and Bradco Supply Co. signs came in at a cost of $ MOTION- A motion was made by Mr. Bozza and seconded by Mrs. Niglio to order signs from Bradco Supply Co. at a cost $ Mr. Scicchitano asks the question if the pedestrian crosswalk signs don t work out that we have on Chestnut Street if we will have to go back to the old speed limits. Mr. Bozza state we will not have to go back to the old speed limits. ROLL CALL VOTE- BOZZA (yes), DEITRICK (absent), NIGLIO (yes), SCICCHITANO (yes), VARANO (yes), WINHOFER (yes), WISLOSKI (absent) Mr. Bozza states that concerning the pavilion at the main entrance at the Terry Miriello field that the roof supports are rotted out and the roof is bad, prices were received on the replacement of the supports and new metal roofing not to exceed $1,

5 MOTION- Mr. Bozza made the motion and is seconded by Mr. Scicchitano to purchase new roof supports and roofing material to repair the pavilion not to exceed $1, ROLL CALL VOTE- BOZZA (yes), DEITRICK (absent), NIGLIO (yes), SCICCHITANO (yes), VARANO (yes), WINHOFER (yes), WISLOSKI (absent) Mr. Winhofer states that people have been complaining about people taking their dogs to the Veterans Memorial without leashes, and questions if there is anyway that we could get bigger signs down there. Mr. Bozza states that he has been made aware of that and has checked into prices. Signs to keep dogs on a leash 24 x 30 from Bradco Supply Co. are priced at $40.50 each. MOTION- Mr. Winhofer makes the motion and is seconded by Mr. Scicchitano to purchase 2 signs from Bradco Supply at a cost of $40.50 each. VOICE VOTE- Unanimous FINANCE / PURCHASING COMMITTEE (James K. Wisloski) No Report CODE / HEALTH / and SAFETY COMMITTEE (Stephanie Niglio) Mrs. Niglio states that Ordinance was revised and some changes were made, the revised ordinance was submitted to everyone and also everyone was given hard copies. Mrs. Niglio states that she has not received any s back from anyone and states that she is not sure if anyone has any questions. Mr. Winhofer states that reading through the ordinance, he feels that we should take the abandoned vehicle part out and we should move it somewhere else. Mrs. Niglio states that it was never meant to be an abandoned vehicle ordinance, it s regarding being considered part of rubbish and stuff people keep in their yard. Mr. Winhofer states that there is another ordinance concerning vehicles and possibly should be merged with that. Mr. Winhofer states that under section C, it reads no garbage; rubbish or refuse shall be left in any vehicle over night. Mr. Winhofer states that if we have a guy come into town to do a new roof and it takes 3 days, he is not going to run to the dump every day with a half load of truck. Mrs. Niglio states that was taken in conjunction with if you have a building permit to do work at your house, its only common sense that you are going to have a truck there. Mrs. 5

6 Niglio states that however, when the job is done, you can t leave your truck there for three weeks. Mr. Winhofer questions where we are addressing that in section III. Mrs Niglio states that it is on page 3, under accumulation of waste prohibited. Mrs. Niglio states that it reads this prohibition shall not be construed as interfering with construction under a valid permit during the course of construction and within a reasonable time thereafter or the piling of wood neatly for fireplace or kitchen use. Mayor Turlis states that he is asking what that means, that if we are going to update the ordinance, we should bring it to the twentieth century stating that years ago people had wood and coal stoves. Mrs. Niglio states that she feels we should update it to the current year that we are in, so if someone knows what wording we will need to put in to address that and we can change it. Mrs. Niglio states that concerning the abandoned vehicles, if Bill Cole thinks it s appropriate possibly we could put in parenthesis that An abandoned vehicle shall be described as having no valid registration, no tires, no windows, and is not operable. Mr. Cole states that as long as it is stated to be no-operable, that should be good. Mr. Varano states on page 1 under Section II, he questions if we need that word certified in there where is states certified Code officer and certified Physician and asks Mr. Cole if we need that wording in there, certified. Mr. Cole states that it has no effect really, as long as he s appointed. Mr. Varano also questions Refuse Storage Containers Section III, the part that states $20.00 for four weeks and after that an additional $ Mr. Varano states that we want to keep the garbage off the street and four weeks is long. Mr. Winhofer agrees. Council discusses the time frame to be seven or ten days and agrees that 10 days should be sufficient and could then be renewed if need be. Mr. Varano states that he feels the dumpster ordinance should be combined all into one ordinance, anything pertaining to dumpsters listed all under one ordinance. Council discusses the ordinance and sections not making sense and parts to be taken out or revised. Other issues in the ordinance are discussed by the Mayor and Council. 6

7 Mrs. Niglio states that there is much in the ordinance that was in there already when it was originally done, and many parts that should be taken out and states that problem could be found in almost any ordinance. Mrs. Niglio states that they will work on the ordinance and that is why she made sure everyone had time to review it so that anything needing to be changed could be changed. Mayor Turlis states that if someone is cleaning out their attic and leaves it in their pick up truck overnight they will be fined. Mrs. Niglio states that it was already stipulated that if you are cleaning out an attic or making repair to their homes they are not going to be ticketed right away, unless there is bags of garbage in their. Mayor Turlis states that the way it reads it states No garbage, rubbish or refuse shall be left in any vehicle overnight. The Mayor states that his question is, if someone cleans up their property and has old buckets, sponges, brooms or whatever and someone calls and complains, are they going to get a ticket for having that in their truck overnight? Mrs. Niglio states that she says yes. Mayor Turlis states, ok so you are going to fine people for cleaning up their property. Mrs. Niglio states that they are not cleaning up their property if they are leaving it there for a week or whatever. Mayor Turlis states that this says overnight. Mrs. Niglio states that she knows that, and hopefully this will deter people from doing that. Mayor Turlis states that he is asking because he will be getting calls on this, and will have to enforce this ordinance. Mayor Turlis states that his other question is where it states that the refuse storage container shall be emptied promptly when full and at least once per week, does that mean if it is half full that it must be emptied? Mrs. Niglio states that is like Phil, he has a business are you going to empty it when it is full or are you going to empty it at least once a week, if it doesn t have to be emptied once a week you are not going to get it emptied. She states that you have to realize there are two things going on here in the borough, first of all people have a problem with garbage and it is evident to everybody that is here that people are stockpiling garbage places. Mrs. Niglio states that now you can do away with this whole ordinance and stick it where the sun doesn t shine because this does not address Kulpmont Borough having people 7

8 stockpiling garbage, this ordinance was written for people and for garbage men and there were two at a time here in the borough who used to park a garbage sanitation truck in front of their homes when they would come home at night and the borough residents did not want two individual men who, it was their job and their bread and butter their only source of incomes for their homes and they were told that people did not want them to park there. She states that these men were told they had to park them way in the back behind borough line somewhere. Now we have everybody, who is not paying a garbage man to take their garbage out they take it and put it in their trucks leaving it on the borough streets overnight. Mrs. Niglio states that is what we basically need an ordinance for, so we either take this ordinance and stick it away and leave it the way it was and do a whole new ordinance addressing people stockpiling garbage in the Borough or we can sit here and nit-pick at every little item in this one. Mayor Turlis states that he is not nit-picking and s simply asking questions along with the other members of council because he is the one that gets the phone calls when they are getting ticketed. Mrs. Niglio states that what concerns her is the garbage being contained in people s homes, garages, basements and vehicles in front of their homes. Mayor Turlis states that when he is questioned is he to answer, well I don t know, that is the way the ordinance was written twenty, thirty years ago. Mrs. Niglio states that her answer is YES, you got a ticket, because you cannot let that stuff in you vehicle overnight. Mayor Turlis states his next question is who is going to give the tickets on the weekend. Mrs. Niglio states that she goes through the borough every weekend with her camera and when she takes the pictures and sends them to Mr. Timm they are dated from a Friday, Saturday or Sunday and when he follows up on this on a Monday, so they have been sitting sometimes three or four days until then and they can t say that they didn t do it if there is documentation to prove it. Mr. Varano questions if he cleans out his attic it can sit there more than one day, is that what you are saying. Mrs. Niglio states that we didn t address the dumpster issue yet, that was just brought to my attention and states that she didn t even see an ordinance addressing dumpster attic cleanout yet. Mayor Turlis states that it states containers over 100-lbs, which would be a dumpster. 8

9 Mr. Varano states that it is not mentioned here under general requirements all that is stated is if you do construction, reconstruction, repair or demolition it does not say anything about cleaning anything out. Mrs. Niglio states that there are two sections, section III is refuse storage containers, now if you are going to consider that an actual permit, that you come to the borough from any of these sanitation places to put that dumpster by your house, that s one thing, that s the storage container. Mrs. Niglio states that when you are looking at disposal regulations in the first part of this ordinance under general provisions, that part is people taking out their garbage and people taking out their garbage on a weekly basis do not have a permit to do it, in a storage container they just take their garbage out. Mrs. Niglio states that it has to be defined into two different areas here, this is concerning both. Mrs. Niglio states that her concern is mostly with the first part of the ordinance not people getting permits to get the big dumpsters at their homes for cleaning out attics and such things like that. She states that her concern is weekly, daily garbage that people take out. Mr. Varano states that he just does not want it overlapping that people say, you can have a dumpster to clean out your attic, but I can t clean out mine. Mrs. Niglio states that if you have a dumpster, then you came in and saw the borough secretary for and you got a permit and have a number of days to remove it. Mr. Winhofer states that a permit is only needed when it is going on a borough street, not in a yard or private property. Mrs. Niglio states that is correct, but at the same time if that dumpster is filled with bags of garbage and it is there for already 5days, 10 days or however many days we have the right to cite them. Mr. Winhofer states that you are going to have dumpsters that are going to be there that long, because businesses that have dumpsters on their own property get them emptied once per week, so garbage is in there for seven days. Mrs. Niglio states, they are not our violators though, you know that. Mrs. Niglio states we are trying to deal with people who do not have any garbage pick up; they just do not pay anyone to get their garbage. Mr. Winhofer states that this ordinance does not even address that. Mrs. Niglio states that it does in the first section of it that s why we say it can t be parked on a borough street, because that is what is done, they just fill up their truck and leave it there. 9

10 Mr. Varano states that what he took out of this was to add a non-permitted container, which would be a household 35 gallon, 55 gallons drum with a lid and then when you get into the dumpsters they would be permitted, it may clarify it a little more. Mr. Varano states that part that states garbage should be contained, cannot exceed (30) thirty gallon. Mr. Varano states that should be changed to 55 gallon. Mrs. Niglio asks what the standard size garbage bag is. Mr. Scicchitano states that they are 55, 60 gallon bags. Mayor Turlis states to keep in mind that Waste Management has those large containers with lids and I am not sure of the size of those containers, they trucks pick those right up. Mrs. Niglio states that she is not in favor of changing the 30 gallon for household garbage to anything larger; we are talking household garbage that people refuse to pay a garbage man to pick up. Mrs. Niglio stated that she does not care if they take the whole block, but take it today and take it to the dump, that day you cannot let it sit in the borough. Mrs. Niglio states that you can stipulate all you want but garbage is garbage, you can tell it is garbage. Mrs. Niglio addresses Mr. Timm on the pictures she had sent him to confirm that the pictures she sent were of garbage. Mr. Timm confirms the pictures were of garbage. Mr. Winhofer states that the definition for garbage in the ordinance is very good. Mrs. Niglio states that the ordinance reads garbage truck, Mrs. Niglio states that in her opinion when you take a pick up truck and fill it with garbage you now made your pick up truck a garbage truck and states in her opinion nobody should have to look at or smell anyone s rubbish, refuse or whatever, it shouldn t be there. Mrs. Niglio states if a new ordinance is wanted to just address garbage, then it can be taken from scratch and start a new one. Mr. Winhofer questions the wording on page 2, any owner of a dwelling containing two or more dwelling units. Mrs. Niglio states that concerns an apartment building. Mr. Winhofer states also on page 5, the word maintenance should be taken out, so that if a street is being paved a dumpster could not be placed on the street. Mrs. Niglio states that if Mr. Cole feels it is ok to take it out, then we can take it out. Mr. Varano states that he can understand what she was going through trying to revise this ordinance and states that this is a real nightmare. Mr. Varano states that some of this 10

11 ordinance just does not make any sense, even though it is dated 2005 some of the contents are probably from 30 years ago. Mrs. Niglio states that to her it is as plain as it could be when you go to page one and read the definitions and states that if people know they are going to be cited, they will just stop doing it. Mrs. Niglio states that she will work on taking input from council and make any changes or revisions for the next meeting. GRANTS COMMITTEE (Clarence H. Deitrick) No Report Mr. Varano asked Rhonda if she knows if Clarence had applied for any Geo Thermal or Electric grants. Rhonda states that she knows of none. Mr. Scicchitano asked about the playground project if anything was discussed on when we may be able to start that project. Mr. Mike Begis, the engineer attended the meeting and states that they are pretty much ready with the drawings and will be waiting on DCNR approval; it may still be approximately four weeks. Mrs. Niglio states that she would like to just back up a bit and states that she and Phil did look at the burning ordinance concerning the chiminea issue. After looking at the ordinances here in the borough we found that there is not burning in the borough. She states that concerning the chiminea thing, it is easier to just do a separate ordinance on this issue. Mrs. Niglio states that she did find an ordinance and modified it to make it as much applicable to the borough that she could and it was given then to Phil, Nick and Bill Cole and asks if she now needs to put that out to make those changes so that we can come back at the next meeting with that one. Mr. Cole states that he feels it should first be distributed to the entire board at this point and then again everybody should go through it and discuss it and mark it up and then come up with a final draft, the same exact procedure and then eventually call for a motion to advertise and then at the following meeting it would be voted on. Mrs. Niglio states that she will make sure that Rhonda gets a copy to everyone tomorrow, and states that she went from scratch on this one and that it is really a rookie ordinance that Mr. Cole will have to look over well. 11

12 Mr. Scicchitano states that getting back to the playground; he feels the project should be started when they are able to. Mr. Scicchitano states that if they wait until after baseball season, football season then starts two weeks after that. Mr. Scicchitano states that they will be able to do that work and fence it off and that s just senseless to him. Mr. Bozza states that he agrees if it is fenced off otherwise like Mr. Winhofer said, if the kids are in there... Mr. Winhofer states that if the kids are in there and the stakes are in marking where footers will be, they will have them pulled out of the ground and they will be everywhere but where they are supposed to be. Mr. Winhofer states that there is allot of activity up there with games coming up, and people coming through there. Mr. Cesari states that they have to take a look at people that are volunteering to put that playground in there and when they can do it. Mr. Cesari states that it doesn t matter when it is done; there is always much activity up there. It is another $8, to have someone to come in and install it, we have to take into consideration when the volunteers are able to have personnel up there to do it. Mr. Cesari states that the equipment is in place and in that building, it is in the way of the baseball team and the football team, we can get it out of there and start to put some of it up, but if we wait until the finish of baseball you are constructing it during the winter time. Mr. Winhofer replied that nothing can be done until we have a set of drawings that are certified and approved by the state. Mr. Cesari states that he understands, but what he is saying is when they are approved, why we should drag our feet another 6 or 7 weeks. He states that when it is approved ang they get the go ahead, he feels we should go ahead. Mr. Winhofer questions on the time frame once the project is started, will the project be a start and stop or when it is started is it going to be finished in a few days. Mr. Varano asks how long will construction take, and states once we get permission to go ahead we can have a meeting and then address it. SENIOR EXECUTIVE COMMITTEE (J.Winhofer, B. Varano and C. Deitrick) Mr. Varano states that two bid proposals were received to construct a new Borough building, one from Lobar Associates, Inc. located at 4 Barlo Circle Dillsburg, PA at $1,361, The second bid received from Robert Feaster Corp. of 529 Point Township Drive Northumberland, PA in the amount of $1,620,

13 OLD BUSINESS Mrs. Niglio states that a letter was received from Penn Dot s Sandra Tosca District Executive Engineer District 3-0, and they did approve to lower the speed limit signs throughout the borough from 35 to 25 Miles Per Hour, we have to complete and return the paperwork to Penn Dot after the signs have been installed lowering the speed limit throughout the borough. Mrs. Niglio states that one pedestrian sign was picked up and stolen this weekend and states that she is not happy about it. Mrs. Niglio states that she continuously gets calls concerning people not stopping for pedestrians and questions the Chief Richard Wilson on if we have issued any tickets to drivers who have not stopped to pedestrians. Chief Wilson states he does not know of any issued to drivers. Mrs. Niglio asks how often they are down there watching. The Chief states that he does not know how often they are down there watching. Mrs. Niglio states that she has some gentlemen that sit on the bench and they took a tally for her and quite a few people went by and did not stop for a pedestrian. Chief Wilson states that no tickets were given because they have not seen any violators and states that when they are down there they are probably stopping. Mrs. Niglio states that maybe if we walk the beat a little bit we may get a couple violators. Mr. Scicchitano states that he thinks not many people know what the law and fines are on the pedestrian crossing. Mr. Varano states that the fine is $50.00 and will cost more if it goes to the magistrate. Mr. Scicchitano states that he has seen some older people, they do not even look and they just walking across. Mrs. Niglio states that she does not know what borough council wants to do to address these issues and states that they also had an incident where a police officer was parked down by the Chinese restaurant where someone ran a pedestrian sign right over and nothing was done. Mrs. Niglio states that she has people that live on that street to back this up as well as pictures and states that she thinks it is a shame that this stuff is occurring and nothing is being done. Mrs. Niglio states that they are put there for the safety of our pedestrians and if a situation like that happens and a police car is there and nothing is done, I want it addressed. 13

14 Mrs. Niglio states that as for someone taking them, we cannot be everywhere all of the time. Mrs. Niglio states that Penn Dot and they will replace one and their recommendation for us is to bring them in at night, and states that is difficult for us to do. The only other option is to check with local businesses and see if they would be willing to bring them in and put them out again in the morning. Mrs. Niglio states that she does not know if that option would work either, they are quite heavy and not easily moved. Mrs. Niglio states that another issue is that this past weekend it was very windy and many of them moved on the street, and anyone of a council person or official is going to move them back in place, but on very windy days we may have to pull them in, because if they hit a car we may be liable. Mr. Scicchitano states that there are many negative points to these signs and states that earlier today two big construction trucks went through and they moved them two feet to the other side of the line and it is very dangerous. Mr. Scicchitano states that some teenage kids he has been told play games like they are going to step out and then step back. Mr. Varano states that if they are Jaywalking then they also may be fined. NEW BUSINESS No one spoke ANNOUNCEMENTS None OPPORTUNITY FOR CITIZENS TO BE HEARD No one spoke The Solicitor, William C. Cole states that Council met in executive session for approximately one hour to discuss personnel, contractual matters and possible litigation. THE MEETING WAS ADJOURNED AT THE CALL OF THE CHAIR RHONDA WILK BOROUGH SECRETARY DATE OF APPROVAL 14