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CASTLE SHANNON BOROUGH
MINUTES OF REGULAR MEETING
October 11, 2004

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


The minutes of the September 27, 2004 council meeting were presented. Mr. Kirk motioned to approve the minutes; Ms. Kovach seconded; all in favor; motion carried.

Mr. Andy Hromoko, Coach for the Castle Shannon Youth Association 9-10 year old girls' softball team, the Purple Torpedoes, presented a 2nd place tournament trophy and team photo to borough council. Mr. Hromoko gave a brief description of the season's practices, games and team efforts; and introduced the team members and coaches. Mayor Baumgarten stated the caliber of this team reaffirms our confidence in the youth of our country.

Mr. Zezulewicz opened the public comments section of the meeting.

Shawn Slan, 821 Londonderry Drive - requested council waive the rental fee for the Municipal Center gym for a party on October 30th for the five and six year old soccer program for the Castle Shannon Youth Association. Council agreed.

Jacob Gross, 871 Middle Road - experienced severe sanitary overflow into his basement during the recent hurricane. Mr. Gross requested a backflow preventer be installed in the manhole in his front yard; and requested an update on the Middle Road landslide problem. Mr. Zezulewicz expressed council's concern and sympathy to the three residents whose homes have been damaged. The landslide problem is council's number one priority. Council will authorize the borough manager to obtain pricing for backflow preventers. Mr. Zezulewicz discussed the Clean Water Act and the Administrative Consent Order mandated by the federal government that requires testing and repairs to sewers to prevent rainwater infiltration from entering the sanitary sewer lines. Sewer lines are being cleaned and televised, and the borough is very aggressive in complying with the requirements, however other communities may not have complied at this time. Flow monitoring of other communities that tie into the borough's sewers has been undertaken.

Mr. Hartswick reported Chief Executive Dan Onorato has requested that some portion of the county's Community Development Block Grant funds be redirected to assist in flood recovery efforts. If FEMA turns down a request for assistance, the borough can contact Allegheny County Emergency Management to process an amendment our hazardous mitigation project. Middle Road was not part of the original submissions to the county last year. President Bush may make additional measures of assistance available. Mr. Zezulewicz advised residents that, if they feel the fault lies with the municipality, they have the option to sue the borough, whether it be Castle Shannon or Baldwin Township.

Al Killmeyer, 873 Middle Road - had his house condemned from the landslide after Hurricane Ivan. Mr. Killmeyer stated the property value of all homes in that neighborhood has decreased, and the landslide was caused by faulty sewers and a sewer system that ends in their backyards.

Mr. Gross added the Fire Department could not pump his basement out since the water was not high enough, and Mr. Gross argued that the backflow devices should be mandatory regardless of cost. Mr. Kirk declared the Fire Department did an admiral job working all night to assist residents, and Mr. Cheberenchick reiterated that pricing must first be obtained to determine the scope of the project.

Bill Toskey, 879 Middle Road - questioned why the borough has not checked the storm sewer piping on the hillside and suggested the piping be extended to the creek. Mr. Ross and Mayor Baumgarten examined the area on Friday. Mr. Toskey voiced concerns regarding additional rain predicted for this week.

Margaret Pippi, 881 Middle Road - questioned Mr. Ross's position with the borough. Mr. Ross answered he is the building inspector.

Mr. Zezulewicz questioned if the piping could be extended. Ray DeLallo, Public Works Foreman, responded yes. Mr. Toskey stated a broken terra cotta pipe is also saturating the ground. Mr. DeLallo and Mr. Ross will meet with Mr. Toskey as soon as possible to determine options.

Mr. Terry Olesniewicz, 875 Middle Road - stated a geotechnical engineer has examined the hillside and correspondence was faxed to the borough. With or without subsequent rains, the hillside will continue to slide. Cost estimated to stabilize hillside is estimated at one hundred fifty thousand to two hundred fifty thousand dollars.

Mr. Zezulewicz asked the audience if any other questions were addressing Middle Road. Mr. Killmeyer asked why the borough was not attempting to fix the problem. Mr. Zezulewicz responded the borough is aware of the problem and trying to get estimates and options to financially assist the homeowners, i.e. buy outs, federal funds to fix landslide, financial assistance to homeowners, etc.

Renee Demino, 890 Middle Road - suggested better communication from the borough to the residents is necessary and suggested a monthly letter or website information. Residents were asked to sign their names and addresses for future correspondence.

Lido Dreucci, 3372 Sycamore Drive - requested an update on the sewer televising on Sycamore Drive. Mr. Zezulewicz stated the sewer was televised and professionals need to review the tape. Mr. Dreucci stated that with only eight homes on the sewer line, rainwater infiltration must be coming from the joints. Mr. Dreucci reported that backflow preventers do not always work.

George Orr, 791 Killarney Drive - requested an update on the Killarney flooding situation. Mr. Hartswick answered that council will be presented with a proposal for storm sewer piping. The borough's insurance company has contacted several residents. The borough engineer must contact the Baldwin Township engineer to coordinate projects. Baldwin Township's updates have been delayed due to vacation scheduling. The sewer line behind the homes should be televised. Diffuser pipes will be placed on the rain pipes at 800 and 802 Kerry Hill to allow rainwater to penetrate the back hill. The property owners on Kerry Hill have built according to borough code, and the borough has tried to mitigate the problem. Mr. Biondo stated property owners have the right to seek compensation for damages from other property owners.

Kelly Derbish, 783 Killarney Drive - questioned if the borough has submitted paperwork to the proper authorities regarding compliance of storm water from sewer drains. Mr. Zezulewicz answered that to prove the case, flow monitors have been placed at the borders of the community to collect data to present to the county, state and federal governments. Ms. Derbish questioned if a scope of work could be submitted to residents. A general article will be placed in the winter newsletter.

Mr. Cheberenchick suggested the borough obtained an estimate or feasibility study for an eight inch pipe from Mr. Orr's property to the end of the street.

Mr. Zezulewicz officially closed the public portion of the meeting.

Bid Openings: - Nothing to report.

Public Hearings: - Nothing to report.

Civil Service Commission: - Nothing to report.

Real Estate Tax Collectors Report: - Ms. Torris reported collections of $22,364.50 for September 2003. Balance remaining - $179,257.96. Ms. Torris has a 92% collection rate for this year. Ms. Kovach questioned reassessments for storm damaged homes. Mr. Hartswick will notify the county assessment office for the homes affected on Middle Road and Killarney Drive.

Council Committee Reports:

Building and Grounds: - Ms. Kovach asked if the Hamilton Park Phase II project was completed. Mr. Hartswick noted that restoration work is outstanding and sufficient retainage has been arranged.

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

Library: - Ms. Miller requested council approve the annual donation to the library's Halloween Parade. Ms. Kovach motioned to make the donation of $150.00; Mr. Kirk seconded; all in favor; motion carried.

Planning and Codes: - Nothing to report.

Public Safety: - Chief Lane recommended the borough remove the two hour parking signage on Pine Avenue if the solicitation company has moved out of the building on Park Avenue. Ms. Kovach confirmed available parking on Park Avenue. Mr. Carlucci motioned to remove the two hour parking signage on Pine Avenue if the solicitation company has moved out of the building on Park Avenue; Mr. Cheberenchick seconded; all in favor; motion carried.

Public Works: - Mr. Hartswick stated the backhoe grading and moving course is scheduled for October 26th at 8:00 a.m. at the public works garage.

Editorial Board: - Fall newsletter article deadline was extended to October 13th

MRTSA: - Nothing to report.

Municipal Associations:

Allegheny County Boroughs Association: - Ms. Kovach announced that a membership meeting is scheduled for October 14th. Ms. Kovach, Mayor Baumgarten and Mr. Kirk will attend.

Allegheny League of Municipalities: - Nothing to report.

South Hills Area Council of Governments: - Nothing to report.

Police Pension: - Mr. Zezulewicz questioned if the police bargaining unit scheduled a pension meeting with Don Pettler of PNC, if the Morningstar report was submitted to the police department, and if the borough has received internet web access. Mr. Hartswick and Ms. Miller confirmed the report was submitted and web access has been secured. Mr. Zezulewicz suggested Mr. Hartswick attend the pension meeting with Mr. Pettler.

Earned Income Tax Collector's Report: - September distribution: EIT - $31,871.40; OPT - $112.53.

Engineer's Report: - Nothing to report.

Manager's Report: - Nothing to report.

Mayor's Report: - Mayor Baumgarten stated a $200,000 grant through State Representative Michael Diven is progressing.

Mayor Baumgarten discussed the situation on Middle Road with Congressman Murphy who is pursuing additional funds through the federal government. An engineer specializing in landslides/water damages should be hired to determine the cause of the landslide on Middle Road. Council agreed an estimate should be obtained for the engineer's cost to determine the cause. Mr. Ross estimated a topographic survey would cost $7,500 to $10,000.

Planning Commission: - Mr. Kirk motioned to approve the Planning Commission's recommendation to accept the site plan for Volpatt Construction subject to comments and requirements of the borough engineers; Ms. Kovach seconded; all in favor; motion carried.

Council authorized Mr. Biondo to prepare an ordinance for a zoning map amendment for the DiCello Plan of Lots from R1 to R3.

Solicitor: Nothing to report.

Keystone Oaks : - Nothing to report.

Zoning Hearing Board: - Nothing to report.

Other Business: - Mr. Carlucci questioned if the borough had advertised for an alternate member for the Civil Service Commission. Ms. Miller answered no, the Civil Service Commission Rules and Regulations must be reviewed to determine if an alternate member is possible.

Mr. Kirk reported the red van is still parked on Willow Avenue. Chief Lane stated the inspection stickers are valid however the registration has expired; and a letter has been sent.

Mr. Kirk questioned if the trees at the Memorial Site had been replaced. Mr. Hartswick answered no.


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