MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 1  100236  ASSEMBLY  Council of the Borough of Tarentum met in regular session on Monday, February 18, 2013, with Councilman President Tim Rappi Councilman Vice- President Hugh Fox; Councilman Tim Firko; Councilman Mike Gutonski; Councilman Eric Carter; Councilman Raymond Kerr; and Councilman Pete Varos. Also present were Mayor Carl Magnetta; Borough Manager William Rosseyi Solicitor David Strellec; and Police Chief Vakulick. A public hearing was held to discuss new Zoning Last January we passed a zoning ordinance. To make a long story short, we reconvened with the Planning Commission in late July, early August. They made a couple recommendations. So, we advertised Ordinance 13-03 which is essentially the same as the last ordinance with three changes. The first change is as per the citizens who live northwest of new Route 28 in West Tarentum. They wanted the rural resource overlay removed and the new ordinance sO removes it. That will no longer be in existence. That's per the Planning Commission's recommendation. The second is to add a district called the Roadway Commercial District. That district and I don't know if you can see it well is here and that district goes from Bakers Town Road out toward Cedar Street. It doesn't go very deep, 750 feet deep and it encompasses a couple vacant lots along Cedar and goes to Bakers Town Road, but it doesn't in any way effect people north and west of that area. The third change was brought to me and it's not a major issue change was brought to my attention by Councilman Kerr and that is just to really redefine and I'1l be more specific on the two issues we just discussed. On page 46 of the new ordinance in dealing with adult businesses, back when I drafted this ordinance in  PUBLIC HEARING SOLICITOR STRELLEC  Ordinance 13-03.    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 2  100237  1995, we had VCR which are now passé, but they' re still making X rated movies on blue ray and what not and on page 46, actually section of the ordinance, 265-502H which is adult uses and businesses sub and it would replace the word VCR movie rental with the word X rated movie rental in any format. So, God knows what they're going to come up with in ten years from now, sO I just replaced that with in any format and I'd like to make that change to this current proposed ordinance, as well as the other two. As to the other two, I think I should be a little more specific. The old RRO, Rural Resource Overlay District, has been, as I said, removed totally and the new Roadway Commercial District is practically identical, except it adds two sub items, warehouses you can put in there and billboards and deleted from there is planned commercial park model. So, you're not going to have like a RIDC Park in there. So, otherwise they're just identical. The language where we can regulate billboards which was removed from the RRO, Rural Resource Overlay, was in fact added to the Roadway Commercial District where we can add, let's see, we can add a permit fee on resolution of Council, height and width regulations that we had in prior ordinances. So, they're in this, just in another place. So, essentially, that's what this public hearing was to make the public aware of the two and final three changes of the ordinance and ask the Council to pass it and that's it. Any questions? Go back to the area Bakers Town Road. How far from Bakers Town Road are we talking? To Bakers Town Road, this Roadway Commercial District starts at Bakers Town Road and goes east toward Bull Creek Road to Cedar Street and it's  COUNCILMAN GUTONSKI SOLICITOR STRELLEC    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 3  100238  750 feet deep and just that wide. If anybody wants to see that, it's this darker area right Why are we changing that? What's the reason for  here. that?  COUNCILMAN GUTONSKI SOLICITOR STRELLEC COUNCILMAN GUTONSKI SOLICITOR STRELLEC  To put billboards in.  The residents of Bakers Town Road don't want The residents at the Planning Commission meeting had no objection. In fact, this is what they chose. Mr. Grimm had three proposals and this is actually the fourth and it was a compromise on It thought that was never an issue. I thought we were talking about the property closest to the  that.  his part to put that there.  COUNCILMAN GUTONSKI SOLICITOR STRELLEC MR. GRIMM SOLICITOR STRELLEC  expressway. That's what it is.  This is the property next to the expressway. The old one went all the way up to Tim Kuhns. This one goes 750 feet all on 28. It's all on Ross' property. Our old dump, quote, unquote, I didn't understand where we're talking about.  that we don't have and never had.  COUNCILMAN GUTONSKI COUNCILMAN RAPP  Now I understand. It's on the last page.    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 4  100239  SOLICITOR STRELLEC COUNCILMAN GUTONSKI SOLICITOR STRELLEC MR. GRIMM SOLICITOR STRELLEC  Does that clarify it?  Yes.  It probably wouldn't make it to the top of Orange  Mountain. No, not that far.  Which we all growing up in Tarentum know what orange mountain is, neither orange nor a mountain. That's the public hearing. Does anybody in the public have any questions? Do we have to have that section with adult book We never had until 1995 thing, kind of regulations for adult book stores. Is it against the law to ban?  COUNCILMAN GUTONSKI SOLICITOR STRELLEC COUNCILMAN GUTONSKI SOLICITOR STRELLEC  stores in there at all?  In our ordinance, it has to be two hundred feet from a church or school. You can't have two beside each other and frankly, when I did this in '95, I used our engineers measuring wheel and it can be within the Borough in an area, but it's very limited. So, you have to provide for it, but you can regulate it which this does. There's almost nowhere it can be though, correct? IK know of a place. It would be hard to find.  COUNCILMAN KERR SOLICITOR STRELLEC    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 5  100240  COUNCILMAN KERR SOLICITOR STRELLEC  Imean we eliminate almost every piece of I know of one area, after measuring all the churches and what not where you can legally put it, general area. If there's no questions from the public, that ends the meeting on the zoning ordinance. We'll go into our regular meeting. Upon motion by Councilman Gutonski, seconded by Councilman Fox, RESOLVED, this Council approves the Minutes of the Regular Council Meeting of All Council members present were in favor and the Councilman Rapp stated everyone on Council is here for one reason and one reason only and that is for the betterment of this town. Nobody is up here for self-service or to pick on anybody. Council is here to make this town better. He stated he understands there are some people that have problems and Council is going to try to work those problems out and do it as adults. At this point in the meeting, Council invites  property in town.  RESOLUTION APPROVE MINUTES  January 21, 2013. resolution was adopted.  REMARKS: COUNCILMAN RAPP  AUDIENCE  PARTICIPATION questions and comments from members of the  audience.  REMARKS: MR. BOWSER  Mr. Bowser, West 8th Avenue, stated damage has been done to his two houses on 8th Avenue by: Green Thumb Excavating hired by the Borough to demolish houses in West Tarentum. He stated the excavating company came in on November 27 and 28 and tore the houses down and in the process of tearing them down, damaged his houses. He stated nothing has been done to fix the damages done and it's already been three months. He stated the excavating company's insurance company said they    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 6  100241  would pay for the damages, but they have not done so. He stated he has $20,000 in damages for the two houses. He stated the excavating company doesn't return phone calls or anything. Councilman Gutonski stated the company hasn't been paid and they won't get paid unless they A discussion was held regarding the damages done by Green Thumb Excavating to the houses and the steps to be taken to help solve the problem. Mr. Lovasik, West 7th Avenue, stated he lives next to the barbershop and thanked Council for having the other building demolished, but damage had been done to the barbershop when the building was torn down. He stated Green Thumb didn't do the job it was suppose to. He stated a restoration period down in West Tarentum should be started on the old buildings. He stated there is a lot of traffic speeding on West 7th Avenue and a lot of big trucks. He stated something Councilman Firko stated he agrees and West 7th Avenue has been discussed. West Tarentum is becoming a focal point. He stated these matters take time and won't be corrected overnight. Councilman Gutonski stated Council is aware of West 7th Avenue and the work that needs to be done. He stated it is a major concern. A discussion was held regarding West 7th Avenue and what can be done to improve it. Mr. Bowser asked what the purpose was of taking the turning lane along Lock Street away and  REMARKS: COUNCILMAN GUTONSKI  satisfy their responsibilities.  REMARKS: MR. LOVASIK  should be done in West Tarentum.  REMARKS: COUNCILMAN FIRKO REMARKS: COUNCILMAN GUTONSKI  REMARKS: MR. BOWSER  making traffic more congested.    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 7  100242  REMARKS: COUNCILMAN RAPP  Councilman Rapp stated when revitalizing the downtown areas, one of the main reasons is to slow traffic down and that's what they're coming up with. He stated he doesn't think it's going to be as tight as it looks after the equipment is Councilman Rapp stated, under President's Comments, on January 23, attended a COG meeting with Mr. Rossey and Councilman Fox where they met with the congressman and talked to him about setting up a district office in the Borough sO the residents can have access to him for any concerns they may have. On February 2, Mr. Rossey, Councilman Fox and he attended the Allegheny County Boroughs Association dinner. On February 8, attended Tarentum Business Advisory Committee meeting and if any Council members have some free time to attend these meetings because the more participation we get from Council, the better it is. There are a lot of different ideas floating around those meetings. He stated on Sunday, he went down West Tarentum and had a few other calls and looked at the properties there and spoke with some of the residents there. He stated some of the places there are falling down. He stated it's not fair that some people are taking care of their property and others just disregard theirs. He stated there were cars without license plates on them and garbage piled Councilman Rapp asked for a report from the Mayor Magnetta stated, for January 2013, there were 379 calls for service which is a plus of 7f from 2012; 35 arrests which is a plus of 18 from 2012; 220 citations issued which is a minus 18 from 2012; total accidents 8 which is a minus  gone and everything is done.  up and it's going to stop.  Mayor.  REMARKS: MAYOR MAGNETTA    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 8  100243  one from 2012, accidents with injuries a minus 7 from 2012; fines collected $7,238.00 which is a minus $839.97 from 2012; parking tickets were a Councilman Rapp asked for a report from the  minus 60 from 2012. Chief of Police.  REMARKS: COUNCILMAN RAPP REMARKS: CHIEF VAKULICK  Chief Vakulick stated the super loads will start tonight and Wednesday night. There will be parking restrictions on First Avenue. It has been posted over the weekend and will be enforced. It will begin midnight on both days. Councilman Rapp asked for a report from the  REMARKS: COUNCILMAN RAPP REMARKS: BOROUGH MANAGER ROSSEY REMARKS: COUNCILMAN RAPP REMARKS: SOLICITOR STRELLEC REMARKS: COUNCILMAN RAPP RESOLUTION PAY BILLS  Borough Manager.  Borough Manager Rossey stated he had no report.  Councilman Rapp asked for a report from the  Solicitor.  Solicitor Strellec stated he had no report.  Councilman Rapp asked for a report from Administrative, Employee Relations, Finance Upon motion by Councilman Fox, seconded by Councilman Gutonski, RESOLVED, this Council approves the payment of the February 2013 bills.  Committee.    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 9  100244  Upon roll call, the resolution was adopted with Councilman Rapp asked for a report from the  seven (7) affirmative votes.  REMARKS: COUNCILMAN RAPP RESOLUTION MAINTENANCE AGREEMENT  Water Committee.  Upon motion by Councilman Gutonski, seconded by Councilman Kerr, RESOLVED, this Council approves the yearly maintenance agreement with HACH for the testing of the meters and sensors at the Water Treatment Plant, in the amount of All Council members present were in favor and the Councilman Gutonski stated he would like the Borough to think about the intake down at the river for the Water Plant. He stated it is going to need dredged down there. The sediment is really high at the intake and the Borough needs to see what the cost of the dredging will be. It hasn't been done for at least five years. Councilman Rapp asked for a report from the  $5,691.00.  resolution was adopted.  REMARKS: COUNCILMAN GUTONSKI  REMARKS: COUNCILMAN RAPP REMARKS: COUNCILMAN KERR REMARKS: COUNCILMAN RAPP REMARKS: COUNCILMAN FIRKO  Electric Committee.  Councilman Kerr stated he had no report.  Councilman Rapp asked for a report from Public  Safety & Civil Service Committee.  Councilman Firko stated Highland Hose report for the period January 21 to February 18, 2013, a total of 30 alarms; 4 structure fires; one water condition; false alarm; wires down; 3 smoke    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 10  100245  investigations; 5 automatic fire alarms; one traffic detail; 4 equipment fires; one vehicle fire; one vehicle into a structure; EMS assists; 2 CO calls; and 3 motor vehicle accidents; for total of 30 calls; 368 man hours. Eureka Hose report for January 2013, 33 alarms; 8 motor vehicle crashes; 7 smoke odors; CO investigation; 4E EMS assists; 3 automatic fire alarms; 3 appliance fires; 2 dumpster fires; 2 false calls; 2 electrical transformer calls; one flooding; and one physical rescue; representing 84 personnel hours. Also had 266 EMS calls representing total of 966 personnel hours. Summit Hose submitted their report for the year 2012, 7 fires; 6 structure fires; 10 cooking fires; one vehicle fire; 2 brush fires; 40 vehicle accidents; 26 Hazmat calls; 21 calls for service; 48 automatic alarms; total of 161 calls; and included in that Mutual Aid, 16 East Deer; 91 Frazer Townshipi 3 Springdale Borough; and one to Fawn; for 39 Mutual Aid calls; total man hours for the year Summit Hose 2,564. He stated the radios have been handed out and are working. He stated still waiting for permission to put the antenna up on A discussion was held regarding the radios and Councilman Gutonski stated he made an observation on 7th Avenue and how important the traffic lights were on West 7th Avenue. They are very old and antiquated. He stated he understands there have been discussions about the lights and realizes the Borough is on its own as far as finding resources to upgrade the lights and maybe one of the solutions could be to get used lights as were  the tower.  how they are working.  REMARKS: COUNCILMAN GUTONSKI  installed on Corbet Street.    100246  MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 11  A discussion was held regarding the street lights at West 7th Avenue, the availability of any used lights and the costs of those lights. Councilman Rapp asked for a report from Property Z Zoning, Library & Health Committee.  REMARKS: COUNCILMAN RAPP RESOLUTION ORDINANCE 13-03  Upon motion by Councilman Varos, seconded by Councilman Gutonski, RESOLVED, this Council passes Zoning Ordinance 13-03 and the language with the change to Section 265-502H7 changing VCR movie rental phrase to the phrase X rated movie Upon roll call, the resolution was adopted with Councilman Rapp asked for a report from Streets &  rental in any format. seven (7) affirmative votes. Sanitary Sewers Committee.  REMARKS: COUNCILMAN RAPP REMARKS: COUNCILMAN CARTER REMARKS: COUNCILMAN RAPP RESOLUTION HIGHLANDS LITTLE LEAGUE  Councilman Carter stated he had no report.  Councilman Rapp asked for a report from Parks &  Recreation Committee.  Upon motion by Councilman Fox, seconded by Councilman Varos, RESOLVED, this Council grants permission to Highlands Little League for the use of the ball fields at Dreshar Stadium for their 2013 baseball season, from March 1, 2013 thru Councilman Rapp asked for a report from AVN/COG  September 30, 2013. Committee.  REMARKS: COUNCILMAN RAPP    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 12  100247  REMARKS: COUNCILMAN FOX REMARKS: COUNCILMAN RAPP REMARKS: MAYOR MAGNETTA REMARKS: COUNCILMAN RAPP REMARKS: COUNCILMAN KERR REMARKS: MR. BOWSER  Councilman Fox stated a meeting is scheduled for next week and the information will be given in Councilman Rapp asked for a report from KOZ  Council's packets. Committee.  Mayor Magnetta stated he had no report.  Councilman Rapp asked for a report from Redevelopment & Revitalization Committee. Councilman Kerr stated he had no report.  Mr. Bowser stated Harrison Township replaced all their traffic lights and maybe the Borough can call them and see if they can get their used  lights.  A discussion was held.  REMARKS: MS. VOLK  Ms. Volk stated she is to be married May 16 and would like the use of the band stand. There will be approximately 268 guests. She asked that the road be closed from 3:00 p.m. to 4:30 p.m. Chief Vakulick stated streets aren't closed due to overtime and it is not a policy to close the street when someone wants to use the park. Mayor Magnetta stated a lot of weddings are held in the park and the street wasn't closed for any of them. He stated there should be no problem for her to not have the street closed. He stated  REMARKS: CHIEF VAKULICK REMARKS: MAYOR MAGNETTA    MINUTES REGULAR COUNCIL MEETING FEBRUARY 18, 2013 6:30 P.M. PAGE 13  100248  the overtime would be an expense with the Street Upon motion by Councilman Gutonskl, seconded by Councilman Carter, RESOLVED, this Council grants Ms. Volk permission to use the band shell for a wedding party, on Thursday, May 16, 2013, from 3:00 p.m. to 5:00 p.m. A letter will be sent to Ms. Volk verifying permission for the use of the There being no further business to come before Council, upon motion by Councilman Gutonski, seconded by Councilman Varos the meeting of February 18, 2013, was unanimously adjourned at  Department and Police Department.  RESOLUTION USE OF BAND SHELL  band shell on that date.  ADJOURNMENT  7:30 p.m.  LoRe  William Rossey Borough Manager