Callery Borough Meeting Minutes
Regular Monthly Meeting
April 1, 2013

Members Present: Duane Cerra (4 Meetings 2013), Edward Conway (4 Meetings 2013), Rose Wirtz (3 Meetings 2013), Al Wirtz (4 Meetings 2013), Robert Dugan (4 Meetings 2013), Judy Conway (2 Meetings 2013), Mike Brandl (4 Meetings 2013), and Mayor, Edward Aschley (3 Meetings 2013).

Members Not Present:  Judy Conway

Visitors:  Solicitor Thomas Smith; Brian Chlebus representing Engineering Firm Michael Baker Jr. Inc.;
              Michael Foley; former Secretary Alice Wahl; and James Wahl.

The Pledge of allegiance was recited.  The Regular Monthly Meeting was called to order by Duane Cerra at 7:00 pm and a roll call was done.  Everyone was reminded that the meeting was being recorded.

Mr. Cerra took a moment to welcome Mr. Chlebus from Michael Baker Engineering Firm. 

Robert Dugan made a motion to approve bills paid after the last meeting and those coming due prior to the next regular scheduled meeting, as monies become available.  Second:  Mike Brandl 
A vote was taken and the motion carried all in favor.

Meeting minutes for the March 4, 2013 meeting were reviewed. 

Motion to accept the minutes as presented:  Al Wirtz           Second:  Robert Dugan
A vote was taken and the motion carried all in favor.


Borough Foreman's/Street Report: 
1.  Robert Feil reported that the storm sewer in front of Councilman Wirtz's house was in bad condition.  It  was agreed to place cones around the area until the weather breaks and repairs can be made as it is a safety issue.

2.  Mr. Feil presented an option of turning the salt bin and sealing the bottom to prevent the salt and cinders from getting wet, as it was determined it cannot be moved.  Prices were secured for 2 x 2 x 6 cement barriers at $45.00 each to place the current building upon.  Discussion followed regarding the particulars of materials and procedures.

3.  Mr. Feil reported that the Plow and Salt Spreader are off the truck in anticipation of not needing them anymore this year.

4.Mr. Feil stated the repairs to the garage have not been done yet due to scheduling issues, but he felt it would be done within the next week or two.

Council advised that no monies were budgeted for building repairs.  They requested that the road foreman provide them with accurate figures for the repairs at the next council meeting.  It was noted that not all of the Airport Ordinance money may be used for the garage repairs and possibly the balance could be applied to the salt bin repairs.

Councilman Cerra reported that he has set a date for the street sweeping to be done at the end of the month.

Motion to accept the Borough Foreman/Street Report:  Al Wirtz.  Second: Robert Dugan
A vote was taken and the motion carried all in favor.

Everyone received a copy of the police report for March.  Chief Watts reported that he is satisfied with the training of the new officer and his performance.

Council advised the Chief that starting April 20th the Post Office will be leaving the lobby open 24 hrs.

The Chief brought to Council's attention a House Bill that has been presented to the House and the Senate that the Pennsylvania State Police are trying to get monies from the local municipalities for the coverage they provide.  They are trying to get the police departments more regionalized.  He will keep Council updated on the progress of this Bill.

Motion to accept the Police Report:  Robert Dugan  Second:  Rose Wirtz
A vote was taken and the motion carried all in favor.

There was much discussion regarding staying with Evans City Borough or trying to move sewer services to Breakneck Creek Regional Authority.

If Council is staying with Evans City exiting agreement must be changed.  The most important question for Borough Council right now is if you want to go to Breakneck the step that needs to be taken is to do a revised 537 plan and put that in front of DEP Meadville.

This is very expensive and takes a long time to do.  If it goes to DEP Meadville and they say no, Council would then get the chance to appeal it to the Environmental Review Board in Harrisburg.  They would then make the decision over Meadville.  If Meadville says yes then there is no need to go to the Environmental Hearing Board.  If Callery can show the Environmental Review Board that it is in their financial best interest to go with Breakneck, that is what DEP is going to look at.

The other option would be to go to court and get the court to vacate or end the current agreement with Evans City. However, if Callery gets permission from DEP either from Meadville or from Harrisburg, then they are telling Evans City that they (DEP) are letting Callery go.  Then why would Evans City fight if Council wanted out of the agreement with DEP's approval.

It was advised that if Callery does want to go ahead and continue with the proposal to go with Breakneck, the 537 revision is needed.  If they don't want to go that way, Council needs to see if the agreement with Evans City can be negotiated.

It was noted that Council is awaiting a response from Mr. Goncz, Breakneck's Engineer, if he thinks Callery should go back to DEP Meadville and get an answer.  It has been a year since Council was at Meadville DEP and they stated they would notify us.  Nothing has been heard to date.

Rose Wirtz made a motion to get a cost for the preparation of the Act 537 Revision.  Mike Brandl seconded.  A vote was taken and the motion carried all in favor.

Motion to accept the sewer report:  Rose Wirtz        Second:  Robert Dugan
A vote was taken and the motion carried all in favor.

Duane Cerra read the Zoning Report submitted by Leyne Lockhaiser.  There was one item for Thomas McKay questioning building townhouse apartments on his property located at 211 Kline Avenue.  Mr. Lockhaiser was going to look into this matter and advise Mr. McKay if his request is feasible.

Motion to accept the zoning report:  Rose Wirtz        Second:  Robert Dugan
A vote was taken and the motion carried all in favor.

Mike Foley:
At this time, Mr. Cerra asked Mr. Foley to address the Council.  Mr. Foley stated that he wanted to give Council an update.  Schmidt pipeline is permanently moving out of his property in Callery as he promised they would in the Spring.  He is now pursuing developing the property and will have formal drawings shortly.  He is getting ready to finalize the purchase of the Dehardt property and mentioned some time ago that the zoning in the area is Residential and he would need a re-zoning of the property in question to cover retail.  So before he finalizes that purchase, he wants to know that is obtainable.  He does not need an answer tonight, but this needs to be addressed fairly soon.  Part of the success of that whole project is the development along the road.  It ties the whole project together.  He questioned as to if he had to make a formal request and what the proper protocol is.

Rose Wirtz stated that he should place his request in writing and then it would be passed on to the Zoning Officer for his review and advisement.

Mr. Foley stated that he would submit his formal request shortly, thanked Council for their time and departed.

Mr. Conway reported that there was a meeting on March 21, 2013 on Storm Water Management that no one was able to attend.  What the meeting was for was to learn how to fill out a form.  He secured copies of the handouts from the meeting from Mr. Matt Carol to help assist in filling out the forms when received.  EPA people are going to be sent in to check the Sewage sometime in the future. 

Motion to accept the water report:  Al WirtzSecond:  Robert Dugan
A vote was taken and the motion carried all in favor.

Solicitor's Report - Mike Foley Project:
The Solicitor reported on the process that must be followed.  An original plan has to be looked at for the Floodplain, it has to be looked at for the Airport, it has to be looked at for the Zoning, Land Development, Storm Water Management, UCC Building Codes, Driveway, Sewage and Overweight Vehicle issues.  All of those items must be reviewed when a plan is submitted to Council.  Someone in the Borough has to do those reviews.

Mr. Foley must come to the office and submit an application, pay the appropriate fees and provide the Council with a set of plans outlining what he wants to do.  The secretary will then forward the plans to the Zoning Officer, Planning Consultant and Engineer for their review and recommendations.  The recommendations will then be provided to Council and they will advise Mr. Foley of any Zoning Violations and deficiencies that need to be corrected.  Such as a Zoning Variance to waive any Zoning Violations or a Zoning Hearing to provide any re-zoning issues.  It will all depend on the set of plans submitted with the original application.

UCC Appeals Board:
It was noted that Callery does not have a UCC Appeals Board.  Council has been unable to staff an Appeals Board from its residents.  Therefore, the next step is to go outside Callery to a neighboring municipality and see if Council can piggyback with an existing board.

The secretary was directed to contact Adams Township and see if Callery could join with them and utilized their UCC Appeal Board.

Motion to accept the Solicitors Report:  Mike Brandl Second:  Robert Dugan
A vote was taken and the motion carried all in favor.


1.PA Dept. of Transportation
a. Notice that our Liquid Fuels Tax Fund payment in the amount of $10,419.41 will be paid             on April 1, 2013.  Amount includes Act 655 Liquid Fuels and Act 44 Allocations minus               bridge inspection costs if applicable.

2. Commonwealth of PA Dept. of General Services - Road Salt Program
a. Dept. of General Services received and approved our "Salt Contract Participation                         Agreement" for Contact 6810-02 for the August 2013 - July 2014 Season. 
b. Required Tons remained the same as last season @ 50 Tons and we must use 60% of                that amount.

3.PA Local Government Administration Series - Basic Training for Municipal Secretaries &             Administrators
a.Wednesday, May 8th @ Four Points Sheraton Pittsburgh North
b.Registration Fee of $80.00 (includes tuition & materials)
c.  Secretary is requesting to attend this Training Session

Rose Wirtz made a motion to authorize the Secretary's attendance and to be paid monies as allowed by law.  Mike Brandl seconded.  A vote was taken and the motion carried all in favor.

LED Street Lights
Mr. Conway reported that a long time ago LED lights were to be installed in the street lights.  He was requesting permission to follow up on this issue.  Mike Brandl reported that this must be done by the year 2015.  It was agreed for Mr. Conway to follow up on the LED Street Light issue. 

Motion to accept correspondence:  Robert DuganSecond:  Mike Brandl
A vote was taken and the motion carried all in favor.


Plan Disc Conversion
Mr. Conway reported that he found a business in Cranberry that will transfer all of our paper plans to Computer Discs for $3.00 each.  However, after discussion with former Secretary Alice Wahl it was discovered that the company that originally put the sewer system in had already done this for the Borough.  The as built plans are on the discs, the only plans missing are Still Meadows Phase I and II.

It was recommended that all plans be transferred to disc and placed in a safety deposit box for safe keeping.

Mapping Drawers
Mapping Drawers had been secured on the internet for purchase.  Two units were approved, but with the cheap price, three were purchased at a total cost of $600.00.

It was noted that only the purchase of two units was approved at the cost of $500.00.

Motion to accept Old Business:  Rose WirtzSecond:  Robert Dugan
A vote was taken and the motion carried all in favor.


There was no new business to be brought before Council.

Motion to accept New Business:  Robert DuganSecond:  Al Wirtz
A vote was taken and the motion carried all in favor.

As there were no public comments and no additional items to be brought before Council, Al Wirtz    made a motion to adjourn.  Second:  Robert Dugan
A vote was taken and the motion carried all in favor.

The meeting was adjourned at 9:05 p.m.

Respectfully Submitted by,

Tammy L. Baumgarten