8 February 2010 - Regular Meeting

(click here for the Agenda e-mailed to Council members - 5:03 pm Friday, 59 February 2010)

(Information about the meeting follows the agenda)

NOTE: This agenda is the final agenda e-mailed to Council prior to the meeting.
The meeting agenda replace this one as soon as a scanned copy is available.

A REGULAR MEETING OF BOROUGH COUNCIL WILL BE HELD IN THE COUNCIL CHAMBERS OF BOROUGH HALL ON MONDAY, FEBRUARY 8^th AT 7:30 PM.

                                                                                                           ___________________________                     

DENISE L. BROUSE

BOROUGH CLERK

AGENDA:

1.             CALL TO ORDER - PUBLIC MEETING STATEMENT

2.            PLEDGE – SILENT PRAYER

3.                   ROLL CALL

4.                                   PUBLIC HEARING ON ORDINANCE 10-01 Salaries and Compensation

               Ordinance for second reading and adoption

                                ADOPTION OF ORDINANCE 10-01 Salaries and Compensation

                                PUBLIC

                ENGINEER’S REPORT

5.                   CORRESPONDENCE

6.                   COUNCIL REPORTS

7.                   CLERK’S  REPORT

8.                  OLD BUSINESS

                NEW BUSINESS

                Ordinance for introduction on first reading.  This ordinance will be considered for adoption at the

                   public hearing to be held during the March 8 council meeting.

                                ORDINANCE 10-02 Amending Chapter 26 Fee Ordinance

                                ORDINANCE 10-03 Chapter 66 Bingo and Raffle License

Resolutions to be read and approved by consent agenda.

                                                RESOLUTION 10-29 Canceling 2009 Sewer balance under $10.00

                                                RESOLUTION 10-30 Refund of Subsequent payment to lien holder

                                RESOLUTION 10-33 CFO ILSA

                                RESOLUTION 10-34 Tax Collector ILSA

9.                   DISCUSSION-Apartment trash collection

10.               DISCUSSION- Personnel manual

11.                DISCUSSION-41 W. Walnut Avenue

12.                DISCUSSION-Abandoned properties

13.                FINANCIAL REPORTS

14.                PAYMENT OF BILLS 10-31

15.                ANNOUNCEMENTS

16.                PRIVATE SESSION 10- 32 Matters of personnel

17.                ADJOURNMENT  Time __________ 1^st ______2^nd_______

AGENDA IS SUBJECT TO CHANGE

Meeting opened 7:31 - Mr. Alloway was absent.

Council went immediately into private session on a vote of 5-0 (Mr. Perno had not yet arrived). Subjects of session were litigation and personnel.

Concluding private session, Council went back into public session on a vote of 5-0 (Mr. Perno still had not arrived).

Public Comments on Ordinance 10-01: NONE.

Ordinance 10-01 was adopted on a vote of 5-0.

Public Comments:

     Mr. Robert Disch of West Chestnut talked about proposed fees ordinance Noted that there is not a lot of definition to it. Of particular concern is the Community Center fees structures - a simple meeting without food will be $75. This is too costly. Frank North explained the fee structure. There was discussion with Council.

     Ms. Marge Disch of West Chestnut talked about the Community Center fees structure. Asked if police presence could be added to meetings. Also discussed the ship's wheel, needed repairs to the Community Center, etc.

     Mr. Wally Hussong of Franklin also expressed concern about Community Center fees.

     Mr. Bruce Wilson (address not available) discussed FIOS service availability in the borough. He complemented the Council on the new recycling program. He also said that the west end never had leaf pickup before the end of January. He suggested rotating the start each year.

     Ms. Gail Ford questioned the 9 E Park Avenue deal. Asked if Fieldstone insisted the borough purchase the property right away. Frank North explained that the borough ust have obtained all properties in the redevelopment area before Fieldstone will strike a deal.

    Mr. Andy Brittan of the West End area referred to comments from the last Council meeting and asked for clarifications on the potential redevelopment area that includes 606 W. Maple. Frank North said that eminent domain will not be used, and he is contemplating both blocks 9 and 10 for the redevelopment zone.

    Ms. Jean Collins of the west end asked for clarification that the borough will not take private property. Frank North said that no homes will be taken, but the size of the redevlopment area is up to the engineers doing the redevelopment study.

    Ms. Susan Stark from the west end commented that she was glad no properrties will be taken (that was not what Mr. North said). She said that the Shade Tree Commission had removed a large tree from in front of her house - what about the stump?

Engineer's Report - Mr. Charles Chelotti from Remington & Vernick was introduced. There was no report.

The revised 12/14/09 Minutes were approved 3-1-1, Mr. Brunton dissenting & Mr. Brickley abstaining. Reason for Mr. Brunton's dissent - the minutes note approval of Resolution R09-159. This resolution was written AFTER the vote, and does NOT accurately or fully state the terms as voted upon.

Correspondence: A letter of thanks from Deborah Binder was read.

     An objection to the west end redevelopment area from Mr. Andy Brittan was read. 

Council members provided reports.

     Highlights:

        Court in December received $15,645.83. 260 cases were added; 449 were dispositioned.

        Court in January received $15,317.22. 297 cases were added; 387 were dispositioned.

        Niagara Fire Company - 13 Calls in January.

Old Business: None

New Business:

Ordinance O10-02 (Fees) passed 5-0

Ordinance O10-03 (Bingo & Raffle) passed 5-0

On consent agenda:

     Resolution 10-29

     Resolution 10-30

     Passed 5-0.

Resolution 10-35 passed 4-0-1, Mr. Brickley abstaining.

Resolution 10-33 passed 5-0.

Resolution 10-34 passed 5-0.

Discussion - Apartment Trash Collection. I did not get a copy of the letter being discussed. Borough now collects trash at a couple of different complexes.

Financial reports are in order.

     Resolution 10-31 -

     Motion to pay the bills vote 3-0-2, Mr. Brickley & Mr Brunton abstaining. Motion does NOT pass. Motion restated to pay bills except those pertaining to Mr. Brickley & Mr. Brunton. New motion passes 5-0. Motion to pay bills related to CES (Mr. Brickley's engineering firm passes 4-0-1, Mr. Brickley abstaining. Motion to pay bills related to Mr. Brunton (expenses from 2008 extended sewer outage) passed 4-0-1, Mr. Brunton abstaining.

Resolution 10-32 to go into Private Session - matters of Personnel passed 4-0-1, Mr. Brunton abstaining (reason for Mr. Brunton's abstention - Mr. Brunton does not believe the subject merits private session).

Return to Public Session on a vote of 5-0

Resolution to approve settleent passes 4-0-1, Mr. Brunton abstaining.

Adjourn 9:56 pm