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CASTLE SHANNON BOROUGH
MINUTES OF REGULAR MEETING
June 13, 2005

The following elected officials were present: R. Carlucci; M. Cheberenchick; N. Kovach; J. O'Malley; M. Warhold; R. Zezulewicz; D. Baumgarten; S. Torris. Council Member P. Coffey was absent. The following appointed officials were present: T. Hartswick, Manager; D. Biondo, Solicitor; H. Lane, Police Chief.

The minutes of the May 23, 2005 council meeting were presented. Ms. O'Malley motioned to approve the minutes; Mr. Cheberenchick seconded; all in favor; motion carried.

Mr. Zezulewicz turned the meeting over to Mayor Baumgarten for a special presentation. Mayor Baumgarten stated that one nice thing about being Mayor is interacting with students from the borough's schools and students from the DARE program and honor society. The following students were chosen as winners for their outstanding DARE essays: Jamie McCabe, Madison Creehan, Peter Smith, Makenzi Orosz, Sarah Reffert. Ms. Orosz and Mr. Smith were present and read their essays for the audience. Council congratulated the students.

Mayor Baumgarten introduced Arian Hallaway, Community Service Award Winner for Castle Shannon for 2005. Mayor Baumgarten listed Arian's numerous academic accomplishments, in addition to serving over 1070 hours of community service and maintaining a perfect school attendance record. Mayor Baumgarten read a proclamation commending Ms. Hallaway. Borough Council congratulated Ms. Hallaway.

Mayor Baumgarten commented that the students present today restore faith in our youth. Jennifer DeFrancesco, Junior Council Person for Castle Shannon Borough, was president of the honor society at Keystone Oaks High School and did a fine job for Castle Shannon.



Mr. Zezulewicz officially opened the public comment section of the meeting.

Jean Everhart, 1408 McCully Road - discussed steel poles that were installed many years ago in front of her house due to an accident. A large truck lost brake control due to icy road conditions and crashed into Ms. Everhart's neighbor's house. In the past two years, icy road conditions have caused two additional accidents: one to the neighbor's pole, and this year a Crawford Heating truck struck Ms. Everhart's pole and tree. The pole is bent and needs straightened. Ms. Everhart described underground sounds of crashing when the poles were hit. Council suggested Ms. Everhart purchase mine subsidence insurance and contact the Bureau of Surface Mining in McMurray to determine if a mine is nearby. Mayor Baumgarten recalled that approximately twenty years ago a garbage truck damaged Ms. Everhart's neighbor's home, and installed the poles to prevent further damage. Mr. Zezulewicz stated that the borough cannot go onto private property to make repairs on an item damaged from a third party. Mr. Zezulewicz suggested Mr. Everhart contact the insurance company for Crawford Heating to have the damage repaired.

Wayne Gondella - has lived in the borough all of his life. Mr. Gondella stated that the borough outlawed the burning of trash many years ago. Mr. Gondella listed concerns of health issues, safety and the overall nuisance of neighbors who have begun open burning of wood. The fires are not recreational, are not used for cooking and one neighbor burns six hours at a time every Friday and Saturday evening. The smoke and odors are offensive and limits his family's use of their home, i.e. they can't sit on the deck, the windows cannot be open to cool the house, their home interior smells of smoke, etc. Mr. Gondella could not reach an amicable agreement with the neighbor, and has contacted the EPA, DEP, American Lung Association, local fire and police departments and Allegheny County Health Department. Mr. Gondella presented council with various information on open burning regulations and health hazards. The county health inspector has talked to one neighbor, and the neighbor has discontinued burning. Mr. Ross advised that the borough does not have an open burning ordinance, and the codes office cannot enforce a county ordinance. Mr. Zezulewicz stated that due to the increased used of recreational fires, council will review options.

Mr. Zezulewicz officially closed the public comment section of the meeting.

Bid Openings: The borough did not receive a bid for the surplus jetter advertised.

Public Hearings: Mr. Zezulewicz announced that Ordinance 844 is an ordinance amending the zoning ordinance of the Borough of Castle Shannon. Mr. Biondo stated that if passed the ordinance would allow adult businesses as a conditional use in the industrial zone and remove adult businesses as a conditional use in the commercial zone.

Mr. Zezulewicz officially opened the public hearing on Ordinance 844. No comments were received. Mr. Zezulewicz officially closed the public hearing on Ordinance 844.

Mr. Biondo stated that the ordinance was reviewed by both the county planning department and borough planning commission. The borough planning commission recommended adopting the ordinance with a modification as to the distance restriction for adult businesses, and the county planning department submitted a letter recommending changes.

Mr. Hartswick read Ordinance 844. Mr. Warhold motioned to adopt Ordinance 844 at its first reading; Ms. O'Malley seconded; all in favor; motion carried.

Civil Service Commission: Nothing to report.

Real Estate Tax Collectors Report: Ms. Torris reported May collections of $111,216.96, with county change order reductions of $75,000, leaving a balance due of $233,152.04. As of June 8th the borough is has collected $36,476 more than last year.

Council Committee Reports:

Building and Grounds: Mr. Warhold reported the Memorial Day parade was a success. A follow-up meeting was held this evening.

The Castle Shannon Youth Association golf outing was very successful.

Castle Shannon Summer Recreation Program will begin on June 20th. Gretchen Hess will serve as director.

Finance: Mr. Cheberenchick motioned to ratify the Treasurer's Report; Ms. Kovach seconded; all in favor; motion carried.

Library: Ms. O'Malley reported the library board agreed to proceed with the library paving project through Lennon, Smith, Souleret Engineers. Mr. Hartswick stated the borough will enter into an agreement with the engineer and contractor, and the library will reimburse the borough for the expenses.

The library building and grounds committee met with Mr. DeLallo and Mr. Ausman for building repair projects. The Public Works Department is rebuilding a wall and has repainted the sign, and has done an excellent job.

Planning and Codes: Nothing to report.

Public Safety: Chief Lane stated that Police Officer Matt Abel has completed training will be on his own next week.

Public Works: Nothing to report.

Editorial Board: A meeting to review the spring newsletter should be scheduled.

MRTSA: Mr. Zezulewicz noted a bill from MRTSA for 2006 for a reimbursement assessment. Mr. Cheberenchick stated there should be no MRTSA cost after 2006.

Municipal Associations:

Allegheny County Boroughs Association: Nothing to report.
Allegheny League of Municipalities: Nothing to report.
South Hills Area Council of Governments: Ms. O'Malley reported the SHACOG meeting is scheduled for next Thursday, June 23rd.

Police Pension: Mr. Carlucci noted an increase of $82,855.14.

Earned Income Tax Collector's Report: May Distribution Analysis: EIT - $125,853.27; OPT - $1,800.90.

Engineer's Report: A. Folino Construction has begun road construction.

Manager's Report: Mr. Hartswick presented a request from the Castle Shannon Youth Association nine and ten year old girl's softball team to waive the fee at Riehl Park on July 10th for a softball trophy picnic. Council agreed.

Mr. Hartswick presented a request from the Castle Shannon Youth Association eleven and twelve year old girl's softball team to waive the fee at Hamilton Park on July 7th for a softball trophy picnic. Council agreed.

Mr. Hartswick stated to comply with MS-4 storm water reporting requirements, the borough's website has a link to the "When It Rains, It Drains" pamphlet which indicates residential and municipal options to affect stormwater management in the borough.

Mr. Hartswick discussed the possibility of changing money management from PNC Investments to Trollinger Investments Inc. in Allentown. The custodian of the Trollinger plan is Nationwide. Multiple meetings have been conducted with borough police officers, borough officials, and representatives from Trollinger and PNC. Mr. Hartswick believes the plan would be more actively managed with a movement from PNC to Trollinger. Mr. Zezulewicz stated that council would vote on two issues, the money management of the plan and the actuarial for the plan. Mr. Zezulewicz commended everyone involved in the meetings and stated it is good that everyone is teamed up for these decisions. Mr. Zezulewicz opened the floor for comments.

Sergeant David Lane stated the police department wants to move the plan from PNC Advisors to Trollinger and also move the actuarial from Mockenhaupt to Beyer-Barber Company. Beyer-Barber works in Allentown with Trollinger, however they are not affiliated through ownership; they have offices in the same building. Beyer-Barber has been in business since 1950, and this move will save the police fund approximately $3,000 per year.

Mr. Zezulewicz stated he does not believe that the change from Mockenhaupt would be wise at this time. An actuarial needs to be a watchdog over the fund, and Mockenhaupt is a local Pittsburgh company, whereas Beyer-Barber is across the state in Allentown. Mr. Zezulewicz added that he has never met with representatives from Beyer-Barber, and council has no information on that organization. For the protection of the police fund, Mr. Zezulewicz recommended the actuarial remain with Mockenhaupt at this time.

Sergeant Robert Hick disagreed with Mr. Zezulewicz and asked council to consider the wives and families of the police officers and the financial hardship of increased pension contributions. Research has shown that police pension funds that utilize both Trollinger and Beyer-Barber have good returns. Even though representatives from Beyer-Barber have not met with the police department and council, Sgt. Hick reported the record shows the company to be reputable. Council must consider the police officers reduced take home pay due to increased pension contributions.

Ms. O'Malley questioned if council voted for the Trollinger Plan, but not the actuarial, would Trollinger take the pension plan. Mr. Zezulewicz stated either Trollinger would accept the pension fund or refuse to take it. Mr. Cheberenchick stated that Trollinger is on a contractual basis with Beyer-Barber, and Trollinger stated that a division of services would not be advantageous to the plan. Mr. Warhold stated that Trollinger believes that retaining their actuarial would save the pension plan money. Ms. Kovach noted that Chartiers Township used the Trollinger Company with Beyer-Barber.

Ms. Kovach motioned to move the police pension funds from PNC to the controlled Trollinger; Mr. Carlucci seconded; all in favor; motion carried.

Ms. Kovach motioned to move the actuarial services from Mockenhaupt Associates to Beyer-Barber; Mr. Warhold seconded; Mr. Carlucci and Mr. Zezulewicz voted no; motion carried 4-2

Mayor: Nothing to report.

Planning Commission Report: Nothing to report.

Solicitor's Report: Nothing to report.

Keystone Oaks: Nothing to report.

Zoning Hearing Board: Nothing to report.

Other: Castle Shannon Volunteer Fire Department requested to have the lines on Grove Road repainted. Chief Lane responded the lines will be repainted.

Mr. Cheberenchick noted the brush at a residence on Park Avenue has been cleared by the borough's Public Works Department, and requested that administration bill the owner for labor costs.

Ms. Kovach noted the public works garage roof was damaged from vandalism. Mr. Cheberenchick suggested the borough property should be posted for no trespassing.

Chief Lane thanked council for their cooperation with the officers regarding the police pension meetings, and stated the police and the borough officials have a good level of cooperation.


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