May 22, 2001



Regular Meeting of California Borough Council, October 14, 2010 at 6:30 pm

CALL TO ORDER: Vice President Gardner called the meeting to order.

MOMENT OF SILENCE: Prayer for Hunter and also the miners that were rescued.

PLEDGE OF ALLEGIANCE:

PUBLIC COMMENT

Mr. Maddiex stated you need to do your roll call first.

Mr. Gardner stated just remember Jim he stated that he is new at this. This isn’t like a union meeting it’s a bit different.

Mr. Maddiex stated that on the Redevelopment Block Grant that he thinks they are suppose to have a public hearing before you make any plans unless they’ve changed the rules, but if not he has a suggestion which he did at the committee meeting to give $15,000.00 to $25,000.00 to the fire department and another suggestion is you can pave the parking lot near Signatures.

Miss Vitchoff stated that Mrs. Urban is not here yet but she does want to speak on the agenda items and she’ll clarify that if appropriate when she gets here under public safety. Mr. Gardner stated it does have on the second page of the agenda under recognition of citizens; Catherine Urban. Miss Vitchoff stated okay.

ATTENDANCE: Mr. Alfano, Mr. Bittner, Mrs. Bridges, Mr. Gardner, Mr. Mariscotti, Miss Roberts, Mayor Durdines

ABSENT: President Chambers

ADDITIONS OR CHANGES TO AGENDA:

Mr. Alfano added the Planning Commission Ordinance

Motion by Roberts/Bridges to adopt the agenda duly carried with all members present stating aye.

MINUTES

Motion by Roberts/Bridges to approve the minutes of September 9, 2010 regular meeting duly carried with all members present stating aye.

Motion by Alfano/Bridges to approve the minutes of the September 23, 2010 special meeting duly carried with all members present stating aye.

TREASURER’S REPORT- MISS PFROGNER

Miss Pfrogner read the account balances effective September 30, 2010

Motion by Roberts/Bridges to approve the Secretary/Treasurer’s report duly carried with all members present stating aye.

VICE PRESIDENTS REPORT –MR. GARDNER

EXECUTIVE SESSION

Mr. Gardner reported that we did have an executive session Tuesday and that dealt with personnel and police matters.

CONTINUED MEETING

Mr. Gardner announced that there will be a continued meeting on October 28, 2010 at 5:30 pm to once again go into police matters and a contract for the new chief.

COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION

Mr. Gardner stated that CDBG allocation for 2011 is $129,750.00 and you can read it right off the agenda.

TRICK OR TREAT

Mr. Gardner announced that Trick or Treat will be held on October 30, 2010 from 2:00 – 4:00 daylight time so it is safe for the kids and the police will be out there and probably the firemen and everybody else.

Mr. Gardner asked if everyone can hear him

PUBLIC FORUM

Mr. Gardner announced that there will be a public forum here at the borough building from 7:00 to 9:00 on October 21, 2010 on the candidates running for State Senate District 46 and House District 49.

TRI COUNTY BOROUGH ASSOCIATION

Mr. Gardner announced that the Tri County Borough Association meeting is 7:00 pm on October 21st at the Donora borough building. He stated if you can make it, it would be nice for you to attend.

REGULAR MEETING OF NOVEMBER 11, 2011

Mr. Gardner announced that we will be changing the regular meeting in November because of Veterans Day it will be on Veterans Day. He asked council what their wishes are. Mr. Alfano asked if we could do it the day before. Mr. Mariscotti stated he will not be here the day before. Mrs. Bridges asked if he was talking about the 10th. Mr. Mariscotti stated he will be out of the town. He stated you don’t have to go by him but he will be gone from the 8th to the 11th or 12th, so Monday would be good. Mr. Alfano stated Monday would be good for him. Mrs. Bridges stated Monday the 8th or Tuesday the 9th. Mr. Mariscotti stated Tuesday the 9th is not good for him. Mr. Gardner asked if the 8th is okay with everybody. Mr. Gardner stated the meeting will on the 8th and for everyone to mark that on their agendas. Someone asked what time? Mr. Mariscotti stated wait that is a Steelers Monday night game. Mr. Bittner stated that is his anniversary too he might get killed. Mrs Bridges stated can we do it on the 15th. Mr. Gardner stated if Monday at 6:30 is okay with council. Mayor stated that is fine with him too. Mr. Mariscotti stated that is fine the Steelers game is an away game. Mr. Gardner stated we need a motion and a second to approve that. Mr. Mariscotti stated and it will be quick.

Motion by Roberts/Mariscotti to change the regular meeting of November 11, 2010 to November 8, 2010 at 6:30 pm duly carried with all members present stating aye.

THANK YOU LETTER

Mr. Gardner read a thank you letter from the Historical Society.

COLLEGE STUDENT VOUNTEERS

Mr. Gardner stated that he also has a letter from the Students who have been doing things in the borough such as painting, sweeping the streets and so on. He read that they will be doing the Cal clean up the day after homecoming which will be Sunday and Joy Helsel assured him that they will have enough people here to do that. He read that they will also be cleaning up the Pike Run area on October 23rd. After that Mr. Gardner stated they will get together and if anybody, citizens or council or anybody else has any ideas which they want to get done. Miss Roberts stated she has ideas for the spring.

FOOD PANTRY

Mr. Gardner stated he has no idea what happened yesterday. That was our date and we’ve had those dates since the beginning of the year. Washington County very politely messed that up so the Food Pantry for everybody knowledge and the people listening by the TV is next Wednesday, same time, same place, same channel.

Motion by Roberts/Alfano to approve Vice President Gardner’s report duly carried with all members present stating aye.

PUBLIC SAFETY – MR. GARDNER

Mr. Gardner stated as you can see under Public Safety we’ve already, and he wasn’t here, they’ve already hired a chief. What we’re going to do it at that continued meeting is he has a contract proposal that was put together between council members and Mr. DeHaas, the Solicitor. That proposal will go back to him and see if he is in favor of it and we’ll see where we go from there. That is one of the reasons for the 28th meeting. As far as hiring him he has already been hired. Someone asked if his name is Hartman. Mr. Gardner stated yes. Mr. Gardner asked everyone to do him a favor wait until we’re done here then take the microphone and you can say anything you want as long as it is within reason, but don’t just, not just for you Dave for anybody, shout things out. Wait until we get through the agenda and you can comment on anything you have to comment on. Mr. Bittner stated Mr. Chairman point of order please and asked Mr. DeHaas if we do not have to approve that contract tonight before it can be submitted to Mr. Hartman. Mr. DeHaas stated well you have a couple options that was the consensus of council to approach that, but in order to approve it and authorize to sign you would have to take action. If it was your wish to do that between now and the continued day of the meeting then you could act. Mr. Bittner stated he just didn’t know if we had to approve the contract before we submitted it to him for his approval. That is his question. Mr. Gardner stated that is a good question Jon and he would like to follow up on something if he may. He stated getting Mr. DeHaas’s email today; you have already sent what we agreed to at that Tuesday meeting to Mr. Hartman. Mr. Gardner stated the only reason he said to wait until the 28th Jon was that he does not want to go back and forth. Now once Sheila’s back whatever she decides is fine but while he’s sitting here he does not want to go back and forth. Mr. Bittner stated no he was just asking... Mr. Gardner stated no he agrees with him. Mr. DeHaas stated and the way the communication was phrased that should he desire to accept the job it would be determined in the conditions. It would be still be subject to the approval of council. Mr. Bittner stated he just wanted an answer to the question. Mr. Gardner stated no problem Jon.

PARKING SPOT

Mr. Gardner stated we went over the parking spot for Melissa Levine and as a matter of fact she came to our other meeting and she does have a doctor’s slip and somebody asked if it would be reserved or handicapped. Mr. Gardner stated he thinks that was Tony and if it is a reserved then she will have to pay for it. Mr. Gardner stated he would rather make it a handicap because she has to go in and out of the house, because she has that medical condition, asthma, and she can’t walk a far distance. He was a little concerned that there was a driveway going up to that house but that is not hers. He stated that he called her and she assured him that that is not her driveway and her apartment has to park out on the street. Miss Roberts asked if she is handicapped and does she have the official designation. Mr. Gardner stated no she has a slip from her doctor saying she has acute asthma and cannot walk. Mr. Alfano stated but she has to have a handicap placard to park at a handicap stall. Miss Roberts stated right that is what she wanted to know. Mr. Gardner stated she does not have a placard. Mr. Alfano stated then a handicap stall is not going to do her any good if you give her a reserved handicap stall that she can’t park in because she doesn’t have a handicap placard. You’ll have to give her a reserved spot and make her pay for it. Mr. Gardner stated he needs to know what council wants to do because he’s brought this up at least 3 or 4 times. The mayor also said at previous times that he has brought it up. We also said under the minutes that he looked at that said we have to make sure we’re always doing it the same way and if someone has something from a doctor we would approve it. She has something from a doctor. Mr. Alfano stated yes but all he is saying if she does not have a handicap placard she can’t park in that spot if you make it handicap spot. Mr. Gardner stated then the only thing you can do is make it reserved and she’s going to have to pay for it. Mr. Mayor stated he also wants to draw council’s attention to another application for reserved parking. Mr. Gardner stated he is going to bring that up. Mr. Alfano asked the Mayor if he recalls her having a handicap placard. Mayor stated no he recalls her just having a doctor’s excuse. Mr. Alfano stated somebody tell him he’s wrong if we put a handicap space there she won’t be able to park in it. Mr. Gardner state no Pat you are not wrong, but Tony brought up at one meeting is she handicap or is it a reserved stall. If we do the reserve stall I don’t think we can make an allowance and say you don’t have to pay for that reserved stall. But he doesn’t know what council wants to do but let’s do something. Miss Roberts stated she doesn’t have a problem with approving a spot for her but you need a handicap placard or something. Mr. Mariscotti asked where this spot was. Mr. Alfano stated on Green Street. Mr. Mariscotti asked who it was for. Mr. Gardner stated Melissa Levine- 311 A, Green Street and it shows also a meter there. Miss Roberts stated well if we make it a handicap spot she’s not going to be able to park in that spot without having the placard. Mr. Alfano stated the only way she will be assured to have that space and have a reserved spot and it has to be worth $30.00 a month for her to park in front of her house. Miss Roberts stated and then if she gets a handicap placard. Mr. Gardner stated somebody make a motion and he will contact her as far as reserved parking spot and tell her what the fee is for that.

Motion by Roberts/Bridges to issue a reserved spot for Melissa Levine and if she would come up with a handicap placard we could adjust it duly carried with all members present stating aye.

GRANT WRITING TRAINING

Mr. Gardner stated he would like to table this.

Mayor asked Mr. Gardner if he would bring up the other hardship parking request. Mr. Gardner stated yes that just came in today and he believes that Mayor has the information so he can bring it up. He knows it is Mr. Zahand and he has a placard.

Mayor stated he believe he is asking for a reserved handicap stall on Park Street. He has had a back operation so he is guessing it would just be temporary. It doesn’t say that but when we make contact with him again we can ask. He gave us a copy of his handicap placard.

Motion by Roberts/Bridges to grant Donald Zahand a handicap spot duly carried with all members present stating aye.

Mr. Bittner stated we have an officer whose probationary period is coming up and he knows we scheduled a continued meeting to handle that, but we are conducting a back ground check on that officer are we not. Mr.Gardner stated you will have to ask the Mayor that. Mr. Bittner stated he thought after all our investigations before that Mr. Baronowski’s who did our investigation said that we should have a background check done and he recommended having a background check done by a third party not us. He stated he just wanted to know what our desires are tonight to do this. Mayor stated he concurs with Mr. Bittner and he believes when the motion was originally made to hire him for his probationary period it said that a performance evaluation would be conducted by the Chief of Police and that wasn’t done so for whatever reason. He stated he agrees with Mr. Bittner about the outside agency and he thinks that is just going to be good practice anyway because you are going to eliminate any kind of impartiality in that issue. Mr. Alfano stated can somebody confirm when the 180 days will be up. Mr. Bittner stated he believes Oct. 30 that is why the meeting on the 28th. Mr. Alfano stated so someone can do this investigation in a timely manner and get it back to us in time. Mr. Bittner stated yes. Mrs. Bridges asked if we have a list of people that can do that. Mr. Bittner stated he talked to a gentleman on the phone, he took it upon himself to do, Condor Investigation - Patrick Picorelli. He is a bonded certified investigator. He stated that he spoke with him on the phone and he would be glad to do that for us and he recommended one thing, he thinks we should also have a credit release done on everyone. He said that that is standard operating procedure in the industry now. He said he would be glad to do it for us if we wanted him to do it. Mr. Gardner asked if he could do it before the 28th. Mr. Bittner told him that and he said it was a fairly simple thing to do, so he doesn’t know if the Mayor would want to talk to him and have someone from our department do the background check through the State for the criminal check, he said we could do that ourselves, but yes. Mr. Alfano asked Mr. Bittner if he had an idea of the cost. Mr. Bittner he stated it would be less that $300.00 he said probably way less than $300.00. Mr. Alfano stated it would be worth while. Mr. Bittner stated unless he runs into something you know that is going to take him a little more time. Mr. Gardner stated that he doesn’t know if he got into too much detail with him but would he be willing to do the background checks from here on in. Mr. Bittner stated yes that is what he is in business for; he doesn’t think he would have any problem. We can try him out and if we are satisfied with his performance then maybe we can just bring him on board to do those. Mr. Gardner asked Jon if he would like to make a motion at this time to have him do the background checks.

Motion by Bittner/Mariscotti to hire Condor Security and Investigation to do the background check on Officer Hackinson duly carried on a roll call vote with all members present voting yes.

Mr. Mariscotti for him to do the credit release is there a special form that we’d have to get signed. Mr. Bittner stated yes he imagines there will have to be so we’ll have to obtain that and he’ll have to sign that. Mr. Mariscotti asked the solicitor if that is something he can do or is that something that the private investigator should do. Mr. DeHaas stated he imagines that the investigator should have the forms but if he didn’t and you needed one he could get one for them. Mr. Bittner stated if anyone wants to check this gentleman out he has a website it’s Condor Security and Investigation and everything is on there. He stated that he has checked it out. Mrs. Bridges asked how to spell that. Mr. Bittner stated he thinks Condor.

Motion by Bridges/Roberts to approve Mr. Gardner’s report duly carried with all members present stating aye.

PUBLIC SAFETY- MISS ROBERTS

PARKING SPOTS FOR AMERICAN LEGION

Motion by Roberts to grant four (4) parking spots for the American Legion’s use at the new borough parking lot near Signatures on Second Street and we would incur the expense of the signs. Mr. Alfano stated did she say the borough will incur the expense. Mr. Gardner stated before we can discuss we need a second. Mrs. Bridges seconded the motion. Under discussion Miss Roberts asked Mr. Tuday if he has any idea what those signs would run. Mr. Tuday stated probably around $24.00 to $30.00. Miss Roberts stated the other thing is that she hopes that the Legion, if this passes, could come up with a way, because we don’t know their membership, to get their members some sort of a placard or sign or something that their members could place in their cars at those spots, so if somebody else is not a member. She continued to state that she would leave that up to them as to how the American Legion would want to do that. Mayor Durdines stated at the Historical Society there is no on street parking in front of that building. However, the borough granted permission for the Historical Society to use the stalls and provid them with the placard for their visitors to hang in the window. So if we provided a placard for one we should provide a placard for the other. Mr. Alfano stated but you’re talking about hundreds of members at the Legion. Mayor stated no we give them one and if they lose it then.... we only gave the Historical Society three or four and if they lose it they lose it. It is on them to replace it. Mr. Mariscotti stated but there are hundreds of members down at the legion that are going to park in those spots not just four people. Mayor stated what he is saying is that up at the Historical Society that is for anybody that comes there. You come and sign in and they give you the tag and you put it in your window. Mr. Mariscotti stated they could just leave them at the Legion and then they can go in and pick them up and put them on their cars. Miss Roberts stated they would have to give us a copy of whatever it they decided to do. Miss Roberts stated she doesn’t know how they want to handle that. Mr. Mariscotti stated we should provide them as the borough, just give them four parking permits.

Motion by Roberts/Bridges to grant four (4) parking spots for the American Legion’s use at the new borough parking lot near Signatures on Second Street and we would incur the expense of the signs duly carried with all members present voting yes.

SNOWFLAKES

Miss Roberts stated that this is kind of from Sheila. She has been working with the Chamber and she thinks Jeannine Metal. Miss Roberts made a motion to purchase (10) ten snowflake lights with LED bulbs at $385. 00 each totaling $3,850.00 and this money would be coming from the Casino distribution money or the Local share money or whatever we’re calling it. The motion was seconded by Mrs. Bridges. Under discussion Mr. Alfano asked where they will be placing these lights, the new ones. Miss Roberts stated that Jeff was going to try to find the spots where they were needed most. Jeff stated along Wood St. Mr. Alfano stated so you’ll check out the wiring down there and make sure its working. Miss Roberts asked Jeannine if she knew where the lights were to be placed. Jeannine stated she thinks they were going to do Third Street first. Miss Roberts suggested the two of them get together and talk about that. Mr. Gardner asked Jeannine if the borough, the recreation authority and the business people and the chamber. Mr. Alfano stated yea. Mr. Bittner stated on Third Street you only have metal poles. If we put anything on metal poles they can’t hang out over the parking stalls because all the trucks hit them and they’ll break them off so they have to parallel to the side ones. He stated that you’re not going to be that high either if you hang something there. If you have it hanging low enough it is subject to vandalism and everything else. But you can’t hang them out over the parking stalls because any of the delivery trucks and stuff will tear them down. Mr. Mariscotti asked if there is power at the top of those poles. Mr. Bittner stated yes because they hang things on there now, those small wreaths and stuff. Mr. Mariscotti asked if they are lit. Mr. Bittner stated yes there is power at the base of those and at the top also yes. Mr. Gardner asked if we would have a problem on Third Street though. Miss Roberts stated yes that is what he’s been talking about. Mr. Gardner stated how about Wood Street. Mr. Bittner stated it is the same type of pole. Miss Roberts stated how about we let him be the decorator. Mr. Gardner stated we have a motion and second is there any other discussion and called for a roll call vote.

Motion by Roberts/Bridges to purchase (10) ten snowflake lights with LED bulbs at $385.00 each totaling $3,850.00 and this money would be coming from the Casino distribution money or the Local share money or whatever we’re calling it duly carried on a roll call vote with all members present voting yes.

Motion by Alfano/Bridges to approve Miss Robert’s report duly carried with all members present stating aye.

FINANCE – MRS. BRIDGES

Motion by Bridges/Mariscotti to pay the bills duly carried on a roll call vote with all members present voting yes.

Mrs. Bridges stated she wanted to make mention that we will be holding budget meetings in October the dates are Oct. 19, October, 20th, 25, and 28th starting at 6:00 pm. Mr. Gardner asked if that was agreed upon by all council members.

Motion by Roberts/Alfano to approve Mrs. Bridges report duly carried with all members present stating aye.

PUBLIC HEALTH – MRS. CHAMBERS

Mrs. Chambers is absent

PUBLIC HEALTH – MR. BITTNER

PRO ACTIVE OPERATOR SOURCE SEMINAR – NOV. 11, 2010

Mr. Bittner stated the first thing under his agenda is the Pro Active Operator Source Seminar for Mr. Baker and Mr. Santo. He apologized and stated that he just got this today and turned it in right away so it could be approved. He asked Elizabeth if we have a holiday on the 11th right. Miss Pfrogner stated yes we do. Mr. Bittner stated and that is the day these gentlemen are going, so they will be giving up their holiday that day so he imagines we’ll have to make arrangements with them to have another time off for that holiday to make that up or he doesn’t know how we would do it. Mr. Bittner stated they called him today and told him at home that he was going to have this so we’re certainly not going to pay overtime for them to go to this seminar. Mr. Bittner made a motion that we send Mr. Baker and Mr. Santo to the seminar at a cost of $115.00 each with the provision that if they do go to that it will be just for their regular days salary and no overtime to be paid on that. Miss Roberts seconded that motion. Mr. Gardner asked if this is something they go to every year. Mr. Bittner stated he doesn’t know if they go to it every year but it is something they said that they need to go to keep them up on their training yes. Mr. Gardner called for a roll call.

Motion by Bittner/Roberts that we send Mr. Baker and Mr. Santo to the seminar at a cost of $115.00 each with the provision that if they do go to that it will be just for their regular days salary and no overtime to be paid on that duly carried with all members present voting yes.

Mr. Mariscotti added that a hot tasty lunch is included

CHECKS ISSUED – EASEMENTS

Mr. Bittner stated that all the checks were issued for the easements in the Malden/Granville Area and he asked Elizabeth to make that list a part of the record.

HIGHWAY OCCUPANCY PERMITS

Mr. Bittner stated we may have a problem with some of the highway occupancy permits and instead of him trying to explain it and then going to Art and have him explain what he didn’t explain we’ll just have Art explain it and it will be a lot easier. Mr. Gardner asked Art to speak loud enough so everyone in back can hear or turn around. Art Brower stated we need to obtain highway occupancy permits for the Malden/Granville project and we submitted those back in February he believes. We didn’t hear anything for 3 to 4 months and Penn dot sent the entire package back to them un-reviewed. He stated that he resubmitted it in a different format which they requested and we haven’t had a response since July and we can’t get an answer on when we will have the permits. He would like to write a letter on the boroughs behalf to Penn dot letting them know the urgency of this matter and if you can enlist any help from your representatives. From what he understands they are reviewed and approved we basically just need a bonding letter so we can issue our contract for that work and get those contractors out there working. He stated to Jon that he included is in the packets the letter he wants to submit. Mr. Bittner asked Elizabeth if that letter from yesterday was in the packets. Miss Pfrogner stated the letter from yesterday. Mr. Bittner stated remember from Fayette. Miss Pfrogner stated referring to the highway occupancy permit. Miss Pfrogner stated no she didn’t see it. Mr. Bittner stated all right fine. If you don’t have it we will get it to you.

Motion by Bittner/Roberts that we give Fayette Engineering the right to correspond with the Department of Transportation on behalf of the Borough for these right away permits duly carried with all members present stating aye.

SEWER LINE – MECHANIC TO ASH

Mr. Bittner stated we have a sewer line from Mechanic to Ash Street that Mr. Brower and Mr. DeHaas is going to be handling for us on because we have some problems there. Mr. Brower stated basically there was development down there that they put in two apartment units. They installed a sewer line to serve those properties and tie them into the borough system. The contractor submitted a bill for the payment which we returned to the owner because it didn’t comply with the way the ordinance is written and Mr. DeHaas can probably elaborate on this but the way that he reads the ordinance he has to pay to put that in and after it’s in if anybody else besides that development taps into he gets reimbursed a portion of the tap in fee basically the collection portion for ten years and then it’s over. You also incurred some expenses on approximately $6,500.00 on borough material and labor installing this. Mr. Brower stated that this needs to be brought to his attention and recovered. He did pay his tap in fees and we don’t know how this fell through the cracks and not brought to our attention. We looked at it, it is put in property and there are a couple things that need to be revised a little bit, but the point is he does not get reimbursed unless someone else taps into that line and you have some consensus in that and you should be reimbursed. Miss Roberts asked if Ernie could write a letter to that effect Ernie.

NORFOLK SOUTHERN

Mr. Bittner stated that Norfolk Southern’s retaining wall from the Coal Center bridge up to where the street intersects with Second Street is falling in.

Motion by Bittner/Roberts to have the Borough Secretary/Treasurer write a certified letter to Norfolk Southern to tell them that we have a safety issue there and that we are putting them on notice that it is there and we’d like to have it repaired.. He stated he will leave it up to Elizabeth’s writing creativity to do this which she always does an excellent job with those letters and to bring it to their attention and put them on notice that we’d like to have that repaired please. Under discussion Miss Roberts asked if it would be better if it came from Ernie only because it might be scarier. Mr. Bittner stated that Elizabeth writes a pretty good letter. He just wants them to be put on notice by the borough right now then if it goes on then we’ll let Ernie get into it.

Motion by Bittner/Roberts to have the Borough Secretary/Treasurer write a certified letter to Norfolk Southern to tell them that we have a safety issue there and that we are putting them on notice that it is there and we’d like to have it repaired duly carried with all members present stating aye.

CONVERT MANHOLES FROM PRESSURE TO GRAVITY

Mr. Bittner stated that when we put the new sewer line in from Rotary Park into California we put a large enough line in that we don’t need any type of pressure line there. Coming down Third Street extension those manholes were set up for a pressure line and now they do not need to be a pressure line just a gravity line. Those manholes need converted over from a pressure type manhole to a gravity type manhole. It will make it a lot easier for us if we ever have to have Robinson Pipe Cleaning come in and it is just something that the Engineers feel that should be done. Art has been able to obtain a price of $6,200.00 to do that. Motion was made by Mr. Bittner to give Fayette the right to get these changed over the amount of $6,200.00. Mrs. Bridges seconded the motion.

Under discussion Mrs. Bridges asked if this was a change order. Art Brower stated yes this is a change order and it’s below the original contract amount. Mr. Bittner stated it is the same contractor that did the job coming into town, correct Art? Art stated correct. Mr. Bittner stated and we are still under the contract price with that.

Motion by Bittner/Bridges to give Fayette the right to get these changed over for the amount of $6,200.00 duly carried with all members present voting yes

Motion by Robert/Mariscotti to approve Mr. Bittner’s report duly carried with all members present stating aye.

PUBLIC HOUSING – MR. ALFANO

RECREATION AUTHORITY

Mr. Alfano asked Jeannine if she would like to give a report. Jeannine came to the microphone to give the Recreation Authority report. She stated this month the Recreation Authority has some activities for Halloween for kids. She stated next Saturday on the 23rd we are going to have story hour. We are co-sponsoring with the Optimist Club. She stated that they are limiting it to twelve (12) children because we’re going to do crafts and they are going to get goodie bags for the kids and snacks for them. She stated it is at their building at 208A Wood and it’s going to be from 1:00 to 2:00. She stated then we are co-sponsoring with the Optimist Club and at the end of the month on the 30th at the middle school from 7:00 – 9:00 for 5th and 6th graders. They are going to have a Halloween costume dance and they’re going to give out prizes like best costume, ugliest costume, and things like that and there is a $5.00 donation that they are going to give at the door and that will go to the childhood cancer campaign. Anyone who would like to volunteer to come and help out or if you want to donate money for prizes or if you want to come you can call Jennifer Yeardie at 938-2606. She believes it was also in the Focus. Then on Sunday the 31st we’re going to have a pumpkin carving contest and people will bring their pumpkins that are already carved down to Rotary and she thinks it is from 1:00 to 3:00 and then the judges will judge at 3:00. Jeannine stated that she was not at the last meeting but she thinks they are going to put them around the track and that is how they’re going to judge and they’re going to have ribbons for the best, first, second, and third prize and they’re going to have refreshments, light refreshments. With the lights they have collected from local business who donated and the student development has donated money so we are also going to have money in a holiday decoration account to put lights in the trees eventually. We’re going to wait because she talked to Jeff and this year they are going to trim the trees so he wanted us to wait until next year to put the lights in.

Mr. Alfano stated that we have a received a letter from the California Borough Recreation Authority and he thinks everyone has this letter in their packets. He read the letter Dear Mrs. Chambers and the California Borough council, the California Borough Recreation Authority recently conducted interviews to fill the position left vacant on the Authority with the resignation of Joe Augustine. We are pleased to recommend Mrs. Jennifer Yeardie to fill Augustine’s seat. We feel that she will be an extremely positive asset to the Borough Recreation Authority and ask that you vote favorably to appoint her to the Recreation Authority. He then stated of course if it is council’s wishes they could bring her in for interviews or he would be happy to make a motion at this time to appoint Jennifer Yeardie to fill the vacant seat of Joe Augustine on the Authority. Miss Roberts seconded the motion.

Motion by Alfano/Roberts to appoint Jennifer Yeardie to fill the vacant seat of Joe Augustine on the Authority duly carried with all members present stating aye.

Mr. Alfano stated that a really great suggestion came out of the last meeting by a resident who just likes to attend all the meetings, Beth Baxter. She is proposing that we establish a walking route throughout the town. That would be in the lighted area of the community, the downtown. We could just do some really simple things as far as marking off quarter mile, half mile distances, one mile distance. Do it in a lighted area in light of the fact that it will be changing time and it will be getting dark here soon and maybe we could just come up with something that we could make a stencil of some kind that we can place on the sidewalks every so often just to designate that route. Mr. Alfano stated if council is okay with it then he’d like to work with Jeff and whoever wants to be involved, Tony, and we can take a look at this and maybe measure off a course. It will be great for promoting fitness and health within the community and for providing a safe route as well for people to walk. Mr. Bittner asked Mr. Alfano when he does that to please include Pennsylvania Avenue. We have a designated area on the side but we have many many students walking Pennsylvania Avenue. Mr. Alfano stated that is a good idea. Mr. Bittner stated and they are walking on both sides of the road and even though you have that designated area with those buses going out there it’s real tight. Mr. Alfano stated maybe we could even make a walking lane all the way out Pennsylvania and down Hickory. Hickory is probably the widest street wouldn’t you say. Mr. Bittner stated well they’re parking on the one side of it so we’re losing part of it, but yes he’s seen many many students walking Pennsylvania Avenue. Mr. Alfano stated that is a good idea and thanked Mr. Bittner.

ZONING OFFICE UPDATE

Mr. Alfano stated he wants to give everyone an update on the status of our rental inspections and the licenses issued and so forth. There were 484 applications received for rental inspections and of course a lot of the buildings have more than 1unit so there is more than that many units that were involved. 458 addresses were inspected, passed and licenses were sent from the borough. 6 addresses that failed to date and 2 address that never did respond to set up an inspection, so we’re in the prosecution mode with those ones. 15 address were inspected and passed but they just haven’t paid the balance of their permit to HMT so they haven’t gotten their license and it was probably due to a difference in square footage maybe that they came up with or whatever, but he is sure they will want to get their permits soon. Of the 2 addresses that failed there was no one at the residence and the inspector could not enter for inspection and there are still 115 addresses that have been contacted to pick up their rental license but haven’t paid for it at the borough. They’ve passed they just have to pay the $15.00 fee. He stated that was a pretty much massive undertaking for someone to come in and take this on cold and they did a really great job in getting it done in as short of time period that they did. We were able to salvage a lot of units that were very questionable that the property owners were willing to work with us and get the needed repairs done and it is still an ongoing process. He thanked everyone for cooperating and helping out with that, you know it made things a lot easier.

PHONE SYSTEM

Mr. Alfano stated he does have, and he’s been promising to; get a new phone system for the borough and tonight and he is finally going to accomplish that, hopefully. He stated that he’s talked to three different vendors that all use the AVIA brand systems. That seems to be the main player in the communication market now. All of the vendors were approved either through PEPPM purchasing program or CoStars and he is going to

recommend at this time;

Motion by Alfano/Roberts that we hire Advent Communication Systems, 250 Meadowlands Boulevard, in Washington to install an AVIA IP Office Solution System in the borough of California at a total cost of $12, 334.00 to come from our gaming revenue duly carried with all members present voting yes.

Mr. Alfano stated just to let the public know that Advent has assured us that there is no other hidden fees, no additional costs, that will be for the equipment, the training, installation. This system will be compatible with our new sewage plant when we build it at a remote location via an internet line. These phones are all IP voice over which is the newest technologies. It will include any new updates that come out in the software and they’ll install them for free, so he has checked them out with some other accounts that they’ve worked on and they get high recommendations. So he doesn’t expect anything less for us.

PLANNING COMMISSION ORDINANCE

Motion by Alfano to advertise the proposed Ordinance to establish a Planning Commission. Mr. DeHaas sent us a draft 3 or 4 weeks ago of what that would look like. Of course we would have to vote on accepting the Ordinance but he would like to get the motion going to we can advertise and he’ll make that as a motion at this time.

Miss Roberts seconded the motion

Motion by Alfano/Roberts to advertise the proposed Ordinance to establish a Planning Commission duly carried on a roll call vote with all members present voting yes.

Mr. Alfano stated that he is formally asking at this time for applications for members for that board because we’ll have to include names in that Ordinance when we pass, so please if you have interest in the future of this town and getting us on track as far as what we want this town to look like for the next 50 years, please send a letter to the borough, an application. Miss Pfrogner asked if he wanted her to advertise to seek applicants. Mr. Alfano stated yes and it is a very good idea. He asked if she can include that or just do a separate advertisement. She stated she has to have it separate.

Motion by Alfano/Bittner that we advertise for applications as well then duly carried with all members present stating aye.

Motion by Roberts/Bridges to accept Mr. Alfano’s report duly carried with all members present stating aye.

PUBLIC WORKS – MR. MARISCOTTI

LIQUID FUELS ALLOCATIONS

Mr. Mariscotti announced that Liquid fuels allocations for 2011 will be $111,732.40.

ESTIMATED TURNBACK ALLOCATION

Mr. Mariscotti announced that the estimated turn back allocation will be $640.00

ONGOING OPERATIONS OF STREET DEPARTMENT

Mr. Mariscotti stated that they have graded and prepped the country roads for winter. They did patching near the cross drains and just getting those roads ready for the plow. They did regular scheduled maintenance on the police cars. 23-31 you will all be happy to know we put a new catalytic converter on and it cost us about $250.00 to do that and one of the dealerships wanted $1,100.00 so having the guys do it in house saved us a few bucks here and there. Storm outlets are still being cleaned. He asked Jeff if he had the estimates for the tree trimmings. Mr. Mariscotti we have gotten three estimates to have the trees trimmed on Third Street and Wood Street and he believes the lowest one is and asked Mr. Tuday to take over. Mr. Tuday stated that Arnold’s tree service is $2,200.00, Danny’s at $2,525.00 and T for Trees at $2,475.00. Mr. Mariscotti made a motion that we have Arnold’s Tree Service trim the trees for $2,200.00 on Third and Wood and he stated just for clarification he will not vote on that because Dave’s tree service is his brother in law so he’ll skip over that one.

Motion by Mariscotti/Bittner to have Arnold’s Tree Service trim the trees for $2,200.00 on Third and Wood duly carried on a roll call vote with Miss Roberts, Mr. Gardner, Mrs. Bridges, Mr. Alfano, and Mr. Bittner voting yes.

Mr. Mariscotti asked Mr. DeHaas if that was okay for him to make that motion or should someone else have made it. Mr. DeHaas stated that it was okay.

SIGNS AT ROTARY PARK

Mr. Mariscotti stated at the last meeting we talked about putting signs at Rotary Park, some students are parking there and walking into campus, so Jeff had ordered signs and those signs were put into play and they say that it is for Recreation Parking only and all others will be fined or towed. Mr. Tuday stated just fined.

BIDS ON TAR & CHIPPING FOURTH & FIFTH STREET

Mr. Mariscotti stated we had some bids go out for the tar & chipping of Fourth and Fifth St. and the company that does that for us or who has won the bid do not want to do it at this time of the year because the road temperatures are falling off and they are worried about temperatures at night drop to long and they are worried about adhesion. We are going to put that off until the spring.

VENTURA LANE

Mr. Mariscotti stated that Ventura Lane was paved in Daisytown

HICKORY STREET

Mr. Mariscotti stated Hickory Street as we talked about last meeting is being damaged by the buses. We went and looked at that and we have some proposals on how to do that. There area couple different ways and we have to decide how we are going to handle that.

Mr. Gardner asked if some of that cost will be picked up by the college. Mr. Mariscotti stated that is what he thinks and why he wanted to know if Mr. Hasbrouck would be attending this evening. He stated he guesses we should table it or talk about it at the continued meeting. Miss Roberts stated there will be a time line on that too. With asphalt we have to move on that because of the weather. Mr. Gardner asked Jeff to talk to Norm.

Mrs. Bridges stated well it depends on the cost because if it is above $10,000.00 we have to go through the bidding process which takes 3 weeks. Mr. Mariscotti stated the amount of money that we are looking at we are right in that ball park there, so we don’t know for sure where we are going to be or what we are handling in house. Mrs. Bridges stated well if it is over $10,000.00 we need a bid if it is over $4,000.00 we need quotes.

JOHN DEER TRACTOR

Mr. Mariscotti stated the John Deere tractor that we use in the winter time with the broom on the front to do the sidewalks in town the bristles need to be replaced. The replacement cost on those is $445.00.

Motion by Mariscotti/Alfano to order and replace the bristles on the broom for $445.00 duly carried on a roll call vote with all members present voting yes.

RADIO FREQUENCY

Mr. Mariscotti stated that Jeff has applied for the radio frequency for the radios for the truck. This is a kind of drawn out process but the application was sent in and it will take about a month to get the frequency, for the company to tell us what the frequency is and then we can have the radios installed in the truck.

2008 DUMP TRUCK- DAMAGED

Mr. Mariscotti stated the 08 truck has a damaged door and sideboard on it. We have estimates on having it repaired. He asked Jeff if he brought those. Jeff stated he will find them. Mr. Mariscotti stated we’d like to get that done, but it can probably wait until the next meeting.

BUG SHIELDS- STREET DEPARTMENT VEHICLES

Mr. Mariscotti stated Jeff and his guys when they plow in the winter time the snow flies up and hits the windshield. The trucks that we have now don’t have bug shields on them and the one that did it got broken. So we need to replace two bug shields on the front of those trucks and it is about $130.00 a piece.

Motion by Mariscotti/Roberts to purchase to bug shields at $130.00 a piece for the two plow trucks duly carried on a roll call vote with all members present voting yes.

STOP SIGNS

Mr. Mariscotti reported that Jeff and the guys have installed all the stop signs we had that we ordered. They’ve got about a half of the new stop signs in place and that’s going to be it for this year and we’ll in the spring pick this up but over the course of the next couple of months we have to get prices on new decals and new signs. He thinks last time what we did was got like a dozen signs and the deals are a little cheaper, just to refresh everybody’s memory, we put up the signs take down some put the decals on them and then keep some in rotation.

NEW STREET DEPARTMENT TRUCK

Mr. Mariscotti stated we had talked about buying a truck a single wheel truck, a plow truck for the borough crew. We have bids back so at this point he would like to make a motion for us, we have a bid for a 2011 F350 Single rear wheel cab, it has a diesel engine, 6 speed automatic transmission, it will have a V-plow on it and a stainless steel hopper spreader and the total price on that is $41,786.00 and that is to be paid for out of the gaming revenue. Mrs. Bridges seconded the motion. Mr. Bittner asked if there is an extended warranty that we could buy with that since we usually do that when we purchase a new vehicle. Mr. Mariscotti stated he does not know and there is nothing in his paperwork that he saw that indicates that. Mr. Bittner asked Jeff if they offered us an extended warranty. Anytime we buy a new vehicle we usually buy the extended warranty, it’s paid off in the past for us. Mr. Mariscotti stated certainly. Miss Roberts asked if this has the plow that will be able to go through the allies. Jeff stated yes. Miss Roberts stated to her that is huge because we have so many people whose entrances are in allies and they’re trapped. Mr. Tuday stated it is not a plow it is actually a blade but it will go the width of the truck. It can take snow from this side and push it to that side, but yes it’s on the pick up truck and will go through the allies. Miss Roberts stated that’s great. Miss Pfrogner asked Mr. Mariscotti to please state for the record that this is purchased through the Westmoreland County Council of Governments of which the borough is a member. Mr. Mariscotti stated Westmoreland County.. and Mrs. Bridges stated Westmoreland Council of Government Co-operative Purchasing. Mr. Mariscotti stated alright please repeat that so he gets it right. Mrs. Bridges stated it is the Central Westmoreland Council of Governments Co-operative Purchasing. Mr. Gardner asked Mr. Mariscotti to please restate his motion.

Motion by Mariscotti/Alfano to buy a 2011 Ford Super Duty F350 Single Rear Wheel regular cab pick up with a V-plow and a salt spreader through the Central Westmoreland Council of Governments Co-operative purchasing from Day Automotive for $41,786.00 to be paid for with the gaming revenue duly carried on a roll call vote with all members present voting yes.

CABLE FRANCHISE MEETING

Mr. Mariscotti stated the cable franchise meeting was held and there wasn’t too many of us in attendance. Jr. Wheeler did show up and he was a wealth of information. The next meeting is Monday. Things are progressing fairly well. He stated that Sheila this past month has contacted the President of Armstrong and he is interested in coming down and meeting with us so hopefully, he’s not sure if he will make this meeting because Mr. Mariscotti hasn’t had a chance to talk with him, but maybe by the November meeting we’ll have him in here and we can start hashing out some of the things with the cable company. Everything there is progressing and the next meeting is Monday, October 18th at 6:00 pm here in the borough building.

Motion by Roberts/Bridges to approve Mr. Mariscotti’s report duly carried with all members present stating aye.

PERSONNELL – MRS. BRIDGES

Nothing to report at this time

ENGINEERS REPORT – ART BROWER

Mr. Gardner asked Mr. Brower to take the mike so everybody can hear him. Mr. Brower stated that he has four items that he would like to address. The first one is the;

MALDEN/GRANVILLE PROJECT

Mr. Brower stated the Penn dot Highway Occupancy Permits; we are getting into a crunch time on the right of ways. We basically have two private land owners that we need to secure right of ways from.

SAI:Mr. Brower stated we need to work out a deal with SAI and make sure that that thing is proceeding. We need right of ways from them and we need the land swap information.

LETTERS TO PROCEED: Mr. Brower stated he needs to issue the letters to proceed within the next month and he is probably going to issue them for the pump station and the electrical within the next week. As soon as he gets a letter that there is an agreement in principal on the pump station ground then he can get those guys started. Mr. Bittner stated he talked with Art yesterday and he contacted Norm Hasbrouck today, Ernie is going to be in contact with SAI they are waiting on Ernie and they need to get with him and if it looks like a prolonged process to get that land swap legally done, they are going to try and shoot for a memorandum of understanding that this is taking place and it will be in place that Art will be able to go ahead and get that pump station started on that. He stated that they did not get back to him on the right of way issue. Mr. Brower stated that is something you might want to follow up on. Mr. Bittner stated yes the other one is in play with Ernie and they will hopefully give us a memorandum of understanding that we’re able to go ahead and start on that land. Because it is done all except the paperwork.

KRIEBEL MINERALS

Mr. Brower stated the Kriebel Minerals wants to build a short gas line in town along Kaukonen Drive which is an unopened Borough road 882. He stated that he has looked at it technically and he would like to hand it off to the Solicitor so he can contact them and make up an agreement so they insure it and bond it and do whatever they need to do on that end. He would like a motion to turn this over to Ernie so he can contact them and do what he needs to do.

Motion by Bittner/Bridges that we turn the right of way approval of Kriebel Minerals over to Ernie to come up with an agreement duly carried with all members present stating aye.

DREBO BUILDING – TECH PARK

Mr. Brower stated that Drebo’s storm water maintenance agreement he believes the Solicitor and their attorney came up with an agreement it has been presented to you for a signature and signing so he thinks he needs a motion for you folks to approve that, sign it, and return it to them.

Motion by Bittner that we sign the Drebo- Tech Park project storm water maintenance agreement and authorize the proper people to sign that agreement. Mr. DeHaas stated that he would suggest that it be subject to the CW Park bond. Mr. Bittner asked Elizabeth to amend the motion to that.

Motion by Bittner/Roberts that we sign the Drebo-Tech Park project storm water maintenance agreement and it be subject to the CW Park bond and we authorize the proper people to sign that agreement duly carried with all members present stating aye.

MAIN PUMP STATION PROJECT

Mr. Brower stated we opened up our bids on the main pump station project on October 1st and they came in where we’d like them to be and he would like to ask for a motion to award these contracts to the three contractors and he will turn that over to Mr. Bittner.

Motion by Bittner /Roberts that C-1 is the Pump Station – General and that is Greensburg Environmental and the price of $394,750.00 and he moves that we award that to them duly carried on a roll call vote with all members present voting yes.

Motion by Bittner/Roberts that C-2 Pump Station – Electrical, Bronder Technical Services in the amount of $125,325.00 moves that we award that bid duly carried on a roll call vote with all members present voting yes.

Motion by Bittner/Bridges that C-3 Forced Main – Superior Excavating in the amount of $262,952.00 moves that we award that duly carried with all members present voting yes.

Mr. Brower stated he would really like to have those right of ways, those contractors are chomping at the bit and they’ll start digging as soon as we clear that up.

Motion by Bittner/Roberts to approve Art Brower’s report duly carried with all members present stating aye.

MAYORS REPORT- CASEY DURDINES

PARKING ENFORCEMENT OFFICER

Mayor Durdines stated as he said at the committee meeting that he spoke verbally with Officer Kristie Orbin who we hired to be the parking enforcement officer, she told him over the phone that she is going to decline that position in favor of something else that has a little more stability. He stated he told her that he completely understands that. Pursuant to the contract we have to offer that position to a part time officer and if no part time officer is interested then we may look outside of the department to fill that position. He stated that he would like to advertise for the position of parking enforcement officer pending he receives a letter from Kristie Orbin officially declining the position. So can we do it conditionally to advertise Mr. DeHaas? Mr. DeHaas stated that you said that you posted the job and no-one wanted it.

Motion by Bittner/Mariscotti that we advertise the position of Meter Enforcement officer pending the receipt of the letter from Kristie Orbin declining the decision duly carried on a roll call vote with Mr. Mariscotti, Mr. Alfano, Mr. Bittner, Miss Roberts, and Mr. Gardner voting yes and Mrs. Bridges voting no.

COPS GRANT

Mayor stated that he applied for a COPS Grant through the federal government and that was to pay for a police officer, wages and benefits for three years. We were unsuccessful in that grant. He does want to thank Betty Pfrogner for all of her assistance in helping him with the financial information on the grant and he also wants to thank Rick Encapera for providing all the police related information to assist with the application of that grant.

If they do offer it again he would encourage the borough to apply for it.

DCED GRANT

Mayor stated that he was successful in another grant that he applied for and that is through the DCED and that was for $25,000.00 to put toward the purchase of a new police vehicle. We were approved for the entire $25,000.00 amount. He got the contract the other day and again he wants to thank Betty for filling out the banking information and getting that signed and mailed back in. He stated that the police vehicle that he wants to purchase is going to be considerably less expensive than the truck that Mr. Mariscotti purchased plus we’re not paying for it, he’s looking at possibly a dodge charger. They’re discontinuing the crown victoria so that is what he is looking at right now. The unofficial price is right around $28,000.00 but he hopes to have an official quote from Day Fleet Sales the same place we’re getting the truck and the same place we’ve purchased our last two police vehicles for the November meeting.

CALIFORNIA/COAL CENTER MERGER

Mayor stated he has also brought up the California/Coal Center merger and he spoke with a representative of Coal Center borough who indicated to him that it is crazy and they would have no parts with coming in with this mess that is over here and he stated that he completely understands that as well. So that is the end of that.

HALLOWEEN PARADE

Mayor stated that we have three, two now representatives from local newspapers here he asked them to forward this to the appropriate departments to see that it gets printed the Fire Department Halloween parade will be October 27th, it is a Wednesday, and line up will be at 6:00 pm down by the California Public Library.

COUNCIL ELECTED BY WARDS

Mayor stated that he has spoken before about people in the rural areas of the borough not having enough representation, therefore pursuant to section 601 of the Pennsylvania Borough Code he is going to pursue establishing ward voting in California Borough meaning that some members of council will be elected at large by all members of the borough and some will be elected from their individual ward, that way that ensures that you don’t get everyone on council from down town or everyone from out in the country. He thinks our borough is large enough geographically and diverse enough politically that this is something that we should do. It takes petitions delivered to the Court of Common Pleas to get that established so that is something that he will be working on if anyone is interested.

POLICE VEHICLES-HOMECOMING PARADE

Mayor stated he wants to thank Jeff Tuday and the California Borough Street Department for all the work they’ve done cleaning up all 4 of our police vehicles both inside and out to make sure they look good for the homecoming parade this weekend.

PARKING RESTRICTIONS- HOMECOMING PARADE

Mayor announced that he also wants to remind everyone about the parking restrictions. There are signs placed on Third, Union, and Second Streets restricting parking for Saturday. So if you park there and you are parked there after 9:30 am on Saturday you can go up to Weld’s Towing and get your car because that’s where it is going to be.

THANK YOU

Mayor stated that he received a card from the Green County Historical Society indicating that members of California Borough Council and California Borough employees had made some donations to the Historical Society in memory of his father and he want to thank them for doing that.

POLICE PERSONNEL MATTERS

Mayor stated that there are urgent police personnel matters that need to be resolved tonight. He’d like to go into executive session right now to discuss that. Mr. Gardner stated he would like with council’s approval, he knows that we go into executive session while the public is sitting out and whatever and this is on personnel, but could we finish the agenda so they don’t have to sit here for hours or how long it’s going to take and then go into executive session and then report back out. Mayor stated it is pretty straight forward he doesn’t think it would take that long and he’d like to do it now. Mr. Alfano stated is this something that we have to deal with now. Mayor stated yes. Mr. Gardner stated there is more than that. Mr. Gardner stated it is council’s wishes but he’d like to wait to the end of the meeting so that everybody can participate. Mr. Alfano stated we can have more than one executive session can’t we. Mr. Mariscotti stated yes we can. Mr. Alfano stated lets have a brief one now.

EXECUTIVE SESSION

Council went into executive session on personnel matters at 8:15 pm

Council reconvened at 8:30 pm.

Mr. Gardner stated he will make a brief comment on the executive session on personnel. We said at the last meeting and it is also in the minutes that we would review Mrs. Vitale’s employment and so on citizenship and whatever. We are going to wait until the 28th and there will be a decision made then. He stated he has no other comments but he’d like to make a comment but as you know he can’t.

RESIGNATION OF MAYOR DURDINES

Mayor stated this is something that has been very hard for him to do, but it is something that he feels he needs to do. He stated that he typed up a statement that he is going to read and then he has some commentary that is going to follow that. He read; that at this time he would like to announce his resignation as Mayor of California Borough effective at the end of this year. Other priorities in his life have risen and this is not allowing him the time needed to fill all of the obligations of this office. With that being said he has a few comments. He stated that he has sat here quietly for several months attempting to make the best of a bad situation. Now there are some things he needs to get off his chest. Nearly five years ago he was sworn in as California’s youngest mayor after overwhelmingly defeating Gerald Gardner for the position. He walked into a path of destruction left by his predecessor. He inherited a police department with poor morale and a department which several great officers including the Chief had been chased out. The department had lost its K9 Unit, its ability to properly staff shifts, and some may say its credibility as a valid police agency. Throughout all of this one person kept working to see that what little remained of the department did not crumble. That person was Rick Encapera. Together Encapera and himself worked together to bring this department back from collapse. Fulltime officer were added to the roster and Encapera single handedly brought in over $30,000.00 in grant money which allowed this department to purchase much needed new equipment and to start a new K9 Unit. The department was almost back where it needed to be. It took almost four years, his whole first term to recover what was last and it took four minutes to destroy it. Unbelievable votes cast by members of council some of whom had only just taken office second before aimed to destroy the lives and reputations of good men who only had the best interest of the community in mind. These votes had no basis and fact only of rhetoric and revenge. I remark to now Officer Encapera, that we are right back where we started four years ago. The department’s credibility is in question and a borough with a black eye. Further evidence of this comes from when we recently advertised for full time police officer positions. The borough received two applications. When we advertised in previous years we received over a dozen. Since January officials in this borough continue to undermine him and the efforts of this police department, however one thing remains constant and that that is Officer’s Encapera’s diligence in trying to keep the department from failing. No matter how much the borough dumps on him Encapera commitment to this community keeps him moving. Encapera has been the one constant that this department has had in the past decade. Once again the department is without a chief, once again officer Encapera is picking up the slack. He did not direct him to do this and nor did any member of borough council. Encapera’s own integrity, dedication, and initiative told him it needed done. Mayor stated he offers his sincere thanks to officer Encapera and to all of the men and women of the California Borough Police Department for their hard work and for their support. It was great to have worked with you. Elections are coming next year. Don’t forget what your elected officials have done to this community like you forgot what one of them did when they previously held an office here. The worst plague to infect his municipality returned because of poor memory. He stated that he wishes California borough the best of luck and hope that together we can overcome these adversities placed upon us. He stated that that concludes his report. He stated that he has not eaten dinner yet so he will be going up to High Point to see his buddy Bob Sepesy and he’s going to have a sausage special and if anyone wants to join him they are welcome to it. He stated you guys have a good meeting and he’ll see them next month. Mayor left the meeting.

Motion was made by Mariscotti/Bridges to accept the Mayor’s resignation. Under

discussion Mr. Bittner asked Ernie if we can accept that verbally or should we have that in writing. Mr. Gardner stated he thinks it should be in writing. Mr. Gardner stated we will act on it then when we get it in writing. Miss Roberts stated it will be in the minutes. Mr. DeHaas stated that is correct.

Motion by Mariscotti/Bridges to accept the Mayors resignation duly carried with Roberts, Gardner, Bridges, and Mariscotti stating aye and Alfano and Bittner opposed.

ATTTORNEY’S REPORT – ERNIE DEHAAS

Mr. DeHaas stated that it appears that there is just one right of way for the sewer project that we’re going to have to obtain by filing a declaration of taking. He would ask though that council passes this resolution which would authorize the filing of declaration of taking to obtain a right of way across the property owned by Fred A. Deberry and Kimberly A. Deberry and across any other properties for which you cannot obtain a right of way through a right of way agreement.

Motion by Alfano/Bittner to pass the resolution which would authorize the filing of declaration of taking to obtain a right of way across the property owned by Fred A. Deberry and Kimberly A. Deberry and across any other properties for which we cannot obtain a right of through a right of way agreement duly carried with all members present stating aye.

Motion by Mariscotti/Bridges to approve the Attorney’s report duly carried with all members present stating aye.

OLD BUSINESS

No old business at this time

NEW BUSINESS

Mr. Gardner stated he would like to inform everyone that next Tuesday the Roscoe Lions Club we will be presenting a check to Zachary Hormell who is in need of a liver transplant and hopefully that will be added to the other fund we raised before.

Mr. Bittner asked what his status was. Mr. Gardner stated it is still the same.

SHOP & SAVE

Mr. Gardner stated that he has been talking to Shop & Save the owner of Shop & Save and as matter of fact he’s talked to him and talked to him and talked to him about trying to get a grocery store into the borough. He stated that he even pointed out two properties downtown. He came and looked at them him and his associate. We had meetings here and he is not interested in doing anything with Sheehan’s he figures it’s to costly. Senator Kasunic called Mr. Gardner two nights ago and wanted to set up a meeting for tomorrow at 10:00 and when he got a hold of the owner of Shop & Save that went down the tubes because he was present when WalMart signed papers to put up somewhere and he would say Route 40 in West Brownsville. So as of right now that is not looking to good.

Mr. Gardner stated he wanted to thank Betty for the two weeks he has filled in he knows he has made some mistakes tonight and he apologizes for that but she has been a lot of help to him just for these two weeks.

TRAFFIC LIGHT

Mr. Alfano stated that the company that is going to be installing the traffic light at the top of Wood Street have moved their construction trailer in so that is a positive sign and it looks like they are going to start construction on the traffic signal within days he would imagine. So you may have some inconvenience there with construction for a couple months but it is going to be a much needed improvement.

HOLLYWOOD THEATRE

Mrs. Bridges asked if anyone knows the status of the show. Mr. Alfano stated that he has been working with Kerry Fox of the Redevelopment Authority and they are trying to acquire a couple adjoining properties to make the project go more smoothly but the owner of those properties is not cooperating and it doesn’t seem like that is going to happen so they are just going to proceed as planned and he thinks they already have their bids for the asbestos removal and that sort of thing. He thinks the board met last Friday and he thinks they are going to go ahead as planned without the properties.

RECOGNITTION OF CITIZENS

CATHY URBAN

Mrs. Urban stated she has been a resident of California Borough for 40 years and she is trying to be the baker in town. She stated she has a window and in the window she puts information for people to read. She stated that she is expressing her constitutional right of freedom of speech. So she would like to thank the people who have comforted her and came to her aid as she suffered through the actions of one police officer and later a part time officer who under the tillage of that above mentioned officer. She stated that when she tried to protect herself and her business against inaccurate police reports harassment concerning a handicap sticker, defamation on the web, a threat to be sued by the police officer, and now she is being accused of harassing the police officer. First of all she stated that she does have the right to exercise her freedom of speech being a United States citizen. She stated that her statements were not innuendo or accusations they are facts with documented evidence and she would like to set the record straight. She stated a few elected officials, newspapers, and young vulnerable people have been given inaccurate information. Let it be known official public records, the minutes of these meetings are dated proof the sequence and details of what she is telling you. From January 12, 2010 through October 8, 2010 she and other residents have been victims of two police officers. There actions that according to the law fall under the definition of harassment under the color of law, selective enforcement and intimidation. Her fears and reports were received with sarcasm and insults by certain elected officials who had the power to protect her and others. It was after the following actions by this officer that she began to seek protection and bring these incidents to the attention of the appropriate elected officials who could protect us. Here are some events that have happened. The inaccurate and incomplete police report of an incident supposedly taking place at the bakery but really was the Great China Wall Restaurant. Being asked to show identification before receiving a police report, she asked why she had to show proof of who she was before she could get a police report and also was charged $15.00. Her letter to the insurance company was placed on an Officer’s facebook page and comments were made about her business and herself that were untrue and damaging. Comments were made that the handicap placard isn’t hers. She stated that she is a legal holder of a handicap placard. She has received right now a total of 7 tickets within a matter of three months, five tickets she paid, but the last two she is protesting. They were tickets written from the alley before even seeing the meter. One was written while she was putting money in the meter and she was told too late ticket already written. One was written when she stated that she is entitled to 60 minutes and the response was its not your sticker, do you want the ticket on your window or do you want me to hand it to you. One ticket was written after being followed and then placed on my window when she came out of another establishment. The police officer was parked behind me and stayed until she took the ticket off of her windshield and drove away. Then the part time police officer looked right at her and said as he was writing her ticket you’re not safe. She stated again her statement is not innuendo or accusations these are facts and documented evidence. Here is the letter from her attorney threatening that the officer is threatening to sue me. Here are the comments out telling them that she has a coke house, she has a coke house is that why she is afraid of the dog sniffing out cocaine in her bakery and it goes on. Here, for your information, is the person with disability parking placard registration it explains to you how to get one and who is eligible. You have to go before a doctor the doctor has to certainly give you a form stating that you are in need of having a placard. You apply for the placard and you can receive a temporary placard and complete placard. But you are entitled to 60 minutes and she came into the borough building and filed a complaint about that. You are entitled to 60 minutes to put money in the meter. So that is all she has to say.

JIM MADDIEX

Mr. Maddiex stated he has one question on the streetscape between Union and Mechanic Street is there any update on that because he hasn’t heard anything in months. Mr. Bittner stated that we had to submit for inspections on that did we not Elizabeth. Miss Pfrogner stated she’s sorry she was writing. Mr. Bittner stated on this project out here wasn’t it the inspectors one of the things that was holding this up. Miss Pfrogner stated well our RFP, yes. Mr. Bittner stated Betty had to go through a ton of paperwork to get the Request for Proposal from them and it’s just been a bureaucratic nightmare Jim. Mr. Maddiex stated that is what is taking so long.

Mr. Maddiex commented on the stop light up by the fire hall. He is glad to hear that they are finally moving on that.

To end this November 2nd is coming up and he knows he’s done this before but he wants everyone who is registered to vote to go out and vote for the candidates of your choice. So please get out and vote, keep these places busy, keep these people busy and have nice vote total because when you vote you get noticed.

CONNIE FERRIS

She stated that she would like to commend council for the lightening speed with which the mail boxes moved after last months meeting and she was very impressed. On another note she stated that she filed a complaint and nine of her neighbors filed complaints on September 1st and we have no update and this is the middle of October and the problem continues so she would like to have some kind of resolution on that issue. Mr. Alfano stated on 699 Green. Miss Ferris stated it is the issue at 699 Green Street. Mr. Mariscotti stated this is in his packet. Miss Pfrogner stated that one just came in today. Miss Ferris stated that is a different complaint but this complaint was filed Sept. 1st. Miss Pfrogner stated she’s sorry then she doesn’t have it. Miss Ferris stated that Mr. Alfano is aware of it and he mentioned it last month at the meeting. Mr. Gardner asked her to make them aware exactly the complaints that you have. Miss Ferris stated yes it is involving the use of 699 Green Street as a residence for five college students and it is in an R1 zone. Mr. Alfano stated the Dan Cotrill, our code enforcement officer, is well aware of it, he’s made a couple trips up there and he’s in the process of doing what he needs to do to correct that. Miss Ferris stated that is what you said last month Patsy. Mr. Alfano stated well all he can tell her is that he has a list longer than his arm. Miss Ferris stated there is no parking on the street, there are 4-5 cars there twenty four hours a day, and it’s an R1 zone. Miss Roberts asked if Dan has filed a violation do you know a violation notice. Mr. Alfano stated he didn’t get a chance to talk to him because he was out of town all day, but he will touch base with him Monday when he’s in about that. Miss Ferris stated her phone number is on the complaint and she would appreciate a phone call. There are quite a number of concerned citizens up on those streets, on Green, Wilkins, and Pennsylvania and we would like to have some action from council. She thanked council and Mr. Gardner stated she is more than welcome.

JANET MCGINITY

She stated that she had addressed council last month concerning the buses that were going Pennsylvania Avenue and down to the University and back around. She stated she has some pictures that she would like to show there is a net weight, a weight limit of 10 tons on that road. It is posted by the borough. There is a sign there at Brandon’s auto body. Excuse the blue she doesn’t know why. She stated she also has some pictures of the buses trying to make that turn. If anyone is familiar, which everyone in California should be familiar, with that intersection it is a bad intersection to begin with. We have school bus stops there, we have a lot of traffic coming and going, concerning Wood Street and Pennsylvania Avenue and that type of thing. When the buses go to make that turn they tilt and she got pictures of it. They tilt and she’s just afraid in the winter that something is going to happen. There was an incident up there today she does not know what it was concerning but there was a police officer car there, the school bus was trying to stop and let children off, it is bad. Her recommendation and what she feels council should do is, we have a truck route that these buses should follow, they are state roads. What is going to happen with our infrastructure if something happens to these roads is the University going to reimburse the tax payers of this town to fix those roads or is the tax payers going to carry this burden and believe her these roads are not going to hold up. She stated let her explain something to them and she’s done some research on this. One of these commercial buses weighs 12 ton empty. They weigh 22 to 28 tons filled. These roads, that road in particular has a 10 ton limit, alright, so we’re talking it’s already over the tonnage. Now 22-28 tons filled, what’s that going to do to the roads. There are pipes running under those roads, there’s drainage pipes, and if you look at Spear Street on the corner there that drainage pipe is already popping up out of there, okay. She is concerned that the tax payers of this town should not be placed with this burden of repairing these roads when it is not our vehicles in our town that is causing this to happen. Now if you can get a written agreement from the University that they are willing to pay for any road damages to these roads, then fine, all well and fine. But every five to ten minutes those buses go through it. These are big commercial buses. These roads are not equipped. She stated that Mr. Bittner made mention that we have a walking path there and a lot of students are using that to walk. You get one of those buses going in and you got a car or a truck coming the other way, there is no walk space. Something tragic and she’s been expressing this, something tragic is going to happen and she can show these bus pictures right now how they tip. Miss Roberts stated at the last partnership meeting they had when Jeff was there and they were talking about the damage to Hickory Street. She mentioned to Norm that she thought the University should actually pay for all of it since it was their buses. She stated she doesn’t know what they are going to pay for at all, but she would like to know, and she doesn’t know if Jeff or Norm knows this, but who determines the route, because they are turning on our streets. Mr. Bittner stated the University before school started established that bus stop. Secondly he talked to the engineer yesterday since he was in town and the question is are weight limits applicable to public transportation. There is the question that has to be answered first. He stated he does not know. Weight limits can we have a delivery truck that has to go up there or a garbage truck they are not required by that, we can not stop that, and Art said that he did not have the answer to that yesterday, but that is the first thing we have to check out is if public transportation has to obey weight limits in a community. Mrs. McGinity stated she also asked Mr. Hasbrouck last month and he told her that the Mid Mon Valley Transit Authority is council’s job to stop them from going on to that road. Cal U is being monitored by them, they should not be using that road, and however they are using that road. He said that they can monitor it but Mr. Hasbrouck is not here tonight to back that up but that is what he mentioned to her, that it is council’s jurisdiction on the Mid Mon Valley Transit Authority buses. Miss Roberts stated that she happens to know somebody that works there and she will give her a call. Mrs. McGinity stated what her concern is that we’re going to end up paying for road repairs if they follow the truck route that is state roads and the state will have to fix those roads. The infrastructure is our town is not going to hold up under all this. Mr. Gardner stated that we will request a meeting with Mr. Hasbrouck down at the borough building to discuss this situation that we’re talking about. Miss Roberts asked him to also get the Mid Mon Valley Transit Authority. Mr. Bittner stated and you better find out if the buses have to obey our weight limit signs. Mrs. Bridges asked who sets the weight limit. Mr. Bittner state we did our engineer has to survey the streets and they figure out what tonnage that street can support and then we set the weight limit according to their numbers. Mrs. McGinity stated as you can see we have a sign there from the borough that it is 10 ton limit so she thinks this needs to be addressed. She stated that she is saying that something needs to be done, something’s going to happen. They cannot keep doing this. That road was not made for that type of heavy traffic. Miss Roberts stated she has seen the turn and it’s bad. Mrs. Bridges stated she agrees that turn is not a good situation up there at all. Mr. Mariscotti stated the school buses how many times a day. Mrs. McGinity stated but school buses are not as wide and as large as the Mid Mon Valley Transit Authority buses. Mr. Mariscotti stated well two of the buses at the college parked at the University are school buses. Mrs. McGinity stated they are school buses and she understands that but that’s different okay, but when you got these big commercial buses making that turn right now they can’t make that turn, if a car is parked there they can’t make it. She stated she has watched them stop there. Mr. Gardner stated that they will find out. Mrs. McGinity stated she just doesn’t want something to happen that’s all. Mr. Gardner stated that is not to push you off but we will find out, believe him. Mrs. McGinity stated and she doesn’t want to see our tax dollars going to fix these roads that we don’t need to.

ART HARRIS

Mr. Harris stated you passed a motion tonight to hire this individual for this background check and he knows you talked about a dollar figure first, but did you put a limit on it not to exceed a certain amount, he missed the dollar figure. Mr. Bittner stated no. Mr. Harris stated that is one thing we should always do just keep in mind you can’t give him an open book. Mr. Harris stated you got a report here from the sewage department and that is the first time we had one of them and he thinks that is great and it should be done every month. To follow up how about the zoning officer, Patsy, to get a breakdown on the number of properties that need inspected. He stated he knows he said tonight they had 454 inspected and a couple failed, but if we had how many are to be inspected, how many rental properties there are, what the fee amounts is collected to what we pay out. He thinks that would be a good thing. Mr. Alfano stated we’ll have all that information for our budget meetings coming up Art. Mr. Harris stated he doesn’t know how hard it would be to get it for the meetings because you have a secretary in there that can get it for each monthly meeting too and that way it would be easier for everyone to follow. Mr. Alfano stated sure. Mr. Harris stated there is one other thing he has a question on. Do we have any lawsuits coming; right now he knows Tomko’s suing us and one electrician. Mr. Bittner stated the electrician has been settled, David Jones. Mr. Harris stated we’re down to Tomko then. How about as far as our ordeal with our Acting Chief of Police any lawsuits there. Mr. Gardner stated we got a notice, but it is not a lawsuit, it is from an attorney, unless it can’t get resolved then it would turn into a lawsuit. He hasn’t sued the borough. Mrs. Bridges stated intent to sue. Mr. Bittner stated yes intent to sue that’s what it said. Mr. Gardner stated if somehow we can’t reach an agreement on what that issue is then it would turn into a lawsuit. Mr. Harris stated in other words you are telling him that you never got this. Mr. Gardner stated got what. Mr. Harris stated this lawsuit. Mr. Gardner stated all he got was intent. Mr. Harris stated this is filed at the Washington County Courthouse and we never got the notification and nobody on council knows about it. Mr. Gardner stated if you notice it is signed for by Elizabeth and it says notice to the Borough of California, but it says intent to sue it doesn’t say they are suing. Mr. Harris stated well they are it is a lawsuit that’s what this is that is what they are telling you. It is not an intent to there is going to be. The next question he has is was this turned into our insurance company. Mr. Gardner stated pardon me. Mr. Harris asked if this was turned into our insurance company, because that is one thing we always did right away before. Miss Pfrogner stated yes it was turned into the insurance carrier immediately. Mr. Gardner stated and everybody has a copy of this. Mr. Harris stated he understands why he is saying intent, but it is a lawsuit. They are proceeding with a lawsuit that’s why it was filed at the courthouse and that’s the first one he‘s not sure but he hasn’t heard of anymore coming along. Mr. Gardner stated no.

MAXINE VALENTINO

She stated that she lives in the housing up on California Terrace, up across from Zulu and she is asking if they can get some speed bumps up there because we got like 25 children and we really don’t have a road we have a circle and by the time we go around one circle and get to the other end because they come up there fast. Sometimes they turn around and leave out and sometimes they just stay it is not a highway and we got a lot of kids. Mr. Bittner asked if she was talking Zulu Street or going into to Terrace. She stated where you come in where we live at. Mr. Gardner stated where you make the right. She stated right. Mr. Bittner stated that is Washington County Housing Authority and they would have to do that. Maxine stated no she already went to them and they said they don’t own the streets and to talk to the borough and that’s why she’s here. Mr. Gardner stated we don’t own the streets when you go through there. Mrs. Javorsky stated but the borough takes care of the road that goes through there. Mr. Bittner stated do we plow that. Maxine stated yes. Mr.Bittner stated then he does not know that is news to him, we don’t maintain it though as far as he knows. Mr. Gardner stated there is a lot of kids up there. Miss Valentino stated yes and they are like age 2 on up to 14. Mr. Alfano stated well it would make it inconvenient for plowing snow and he thinks that is the main reason, but there is not excuse for not policing it with speed traps that is what needs to be done. Miss Valentino stated yes we need that we really need that and she is not going to get out there on the street and stop cars because you don’t know what they’re going to pull out, but there are too many kids for them to speed through there like that. Mr. Gardner stated Jeff will get back to you. There was more discussions with council members and audience members.

BELINDA FOREMAN

She stated she noticed on errors on this from last time and so the Mayor had said to put that in writing and this way she knows that they got them because she is looking them in the eye. She asked that council makes sure that the Mayor, Shelly, and Sheila also get these and she thanked council. She then stated that her main question is has anyone actually been evicted, you had mentioned that 30 or 40 people might be evicted because she is seeing people moving in rather than moving out. Mr. Alfano stated not as yet. Mrs. Foreman asked how long would that take. Mr. Alfano stated he cannot give her a time frame. Mrs. Foreman asked if there is a legal procedure. Mr. Alfano stated there is a procedure and like he said Dan is so overwhelmed. He’s only here two days a week and he wishes he could move things along faster but he can’t do the inspections. Mrs. Foreman stated why only two days. Mr. Alfano stated that is all we could get him for. He has obligations in other municipalities that he does the same job and he has been talking to HMT to see if we could get him freed up possibly to spend more time here but it is not happening right now. Mrs. Foreman stated so it is a personnel issue and not a financial issue. Mr. Alfano stated it is personnel issue. Mr. Alfano stated we could use him five days a week for two or three months to get things under control, but they don’t have another person they could give us when Dan can’t be here because they are spread thin on their code enforcement. Mrs. Foreman stated then why did you pick this company if they can’t provide us what we need. Mr. Alfano stated well that is something we’re going to have to look at, and it’s a good point. Mr. Alfano stated there is always the option of hiring our own in house code enforcement officer too.

LORRAINE VITCHOFF

She stated that she wanted to make mention of something that she thinks that Dr. Metal failed to mention and that is that the members of the Concerned Citizens Group that will be paying for providing the pizza and the pop for the Halloween dance. We are partnering with that group as well and she inadvertently left that out. She stated that this folder contains expressions of thank you here and remarks that are coming to Mr. Bittner, Mr. Mariscotti, and Mr. Alfano for taking the initiative to protect tax payers from liability relating to various issues within the police department. There are over 250 signatures here and still coming in that were forwarded to her from citizens of Washington, Fayette, Allegheny, Westmoreland, and Greene County and she will make copies of these. She stated that she has a question about the amusement tax, she asked for a right to know about the amusement tax being collected and there, and she’s not going to prolong this, in 2008 and 09 $7,975.00 was collected and $7,987.00 in the other year and that was all in to the borough by March and only $1,575.00 has been collected to this date. She stated maybe they need to pay attention to getting that in. Mr. Gardner asked if she was talking the machines and so on that are in the borough. She stated yes. Mr. Gardner stated he doesn’t know if things have changed but it use to be a police officer went around and collected that and he can’t give her a definite answer if that is being done now. He stated that he can’t answer that. She stated that well you’re behind anywhere from $6,400.00 and $5,412.00 that has not been collected. It is now October and it is normally done by March and yes it is through the police department. Mr. Gardner stated he will find out.

DAVE MCCLELLAND

Mr. McClelland asked if they could tell him what they consider city limits. Mr. Alfano stated we have a map. Mr. McClelland stated because he was shooting a ground hog and the police came over and told him he is not to fire or shoot ground hogs in city limits. Mr. Alfano stated well if you are in close proximity to houses he doesn’t want to speak for the police but he’s sure that there is some ordinance that would govern that. Mr. Gardner stated there is about shooting in the borough there is. Mr. McClelland stated in other words he’s not allowed to shoot a gun in city limits. Mr. Gardner stated there is an ordinance Dave, you’d have to come in and we’d show you the ordinance but there is an ordinance about shooting in the borough. Mr. McClelland stated okay that is all he wanted to know, so anytime I hear shots around my house I should call the police. Mr. Alfano stated call the police.

TOM MONROE

Mr. Monroe stated he lives up on Malden pretty close to the high school and what he has to ask is about Marcella Shale project. It is has been around for quite a while but it is starting to pick up a little steam and you hear some land owners asking questions about drilling and so forth. He stated that he went to a meeting that was sponsored by Mr. Daley the other night at the Education Center across from Spears and it seemed to be pretty well balanced between people from the state. They had the DEP there they had the gaming commission there and people from the industry Atlas and so forth. His questions comes as people want to exercise their right to let people like Atlas or other industry people come in and drill on their properties what protections are there for other landowners or residents in the area from 1. noise pollution, 2. the trucks, because this type of drilling is heavily dependent on trucking water in and out of there. If you look at roads going up and down Malden they are in no great condition to handle the traffic we have right now and if you start bringing in these heavy trucks. So he wants to know what is California doing to look at this industry. There are jobs that it is bringing and that is great but 10 -15 years from now after this project pans out where is the community. Is there lessons to be learned by working with other communities on this and then again what protections are there for residents?

Mr. Bittner stated are we continuing this meeting. Mrs. Bridges stated yes we need a continued meeting on Oct. 28th at 5:30.Mr. Gardner stated the next meeting of Borough council will be on October 28th at 5:30 pm.

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