Callery Borough Meeting Minutes
Regular Monthly Meeting
February 4 , 2013
www.calleryborough.com


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

Members Present: Duane Cerra (2 Meetings 2013), Edward Conway (2 Meetings 2013), Rose Wirtz (1 Meeting 2013), Al Wirtz (2 Meetings 2013), Robert Dugan (2 Meetings 2013), Judy Conway (1 Meeting 2013), Mike Brandl (2 Meetings 2013), and Edward Aschley (1 Meeting 2013).

Members Not Present:  Rose Wirtz, Judy Conway, and Edward Aschley.

Visitors:  Solicitor Thomas Smith

MINUTES OF JANUARY 7, 2013 MEETING:
Meeting minutes for the January 7, 2013 meeting were reviewed and changes, if any, were noted.
Motion to accept the minutes:  Mike Brandl           Second:  Robert Dugan
A vote was taken and the motion carried.

ACCOUNTS PAYABLE:

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.  Mike Brandl seconded.  A vote was taken and the motion carried.


COMMITTEE REPORTS:

Borough Foreman's/Street Report: 
1.Robert Feil reported that the borough roads were being maintained very well in the past few                  snow falls.  Council agreed.

2.Robert Feil reported that approximately two weeks ago salt was being removed from the salt              bIn and the back of the wall blew out. There has been a temporary patch put on the bin for now,            but he recommends that in the Summer Council look into purchasing a new salt bin.

Duane Cerra stated that the bin should not be located where it currently is at.  It is a big safety hazard.  Every time the crew comes out with a load of salt they are backing out onto the roadway with the backhoe.  Additionally, each time it rains the water comes down the hill right into the salt bin.  It should at least be moved and brought to ground level.

There was discussion among council regarding moving, materials and specifications for a new bin.  It was agreed costs needed to be secured and details worked out.  Solicitor Smith suggested they look at Lancaster Township's new bin.  They have a nice one and it might be what we are looking for.

3.Robert Feil reported that he does have one bid secured for the dump truck chains at the                         present.

4.Duane Cerra noted that the steps are built in the garage up to the loft area and they look                       good,  and that a wall was taken down.  He affirmed that it is going to be looked into that it is              supported correctly and secure.  It was noted that a lot of weight was taken off the structure          since in the past the ceiling in the rear of the building has collapsed and had to be re-built. 

It was questioned if the Zoning Officer had looked at the construction. Mr. Feil stated yes and Mr. Cerra confirmed it was all inspected when it was done.

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

Police:
Everyone received a copy of the police report.  Chief Watts reported that the department was quite busier in the month of January.

Secondly, there was an incident on Kline he wanted to elaborate on as it concerns the Borough.  Chief Watts reported that he had received a phone call from the Secretary that a gentleman had come in to the office upset stating that his son was hit with a plow truck on Kline near the Church.

After affirming that the Borough truck had not been out, Chief Watts contacted the PA State Police and Dispatch and the tape was played back, there was obviously a discrepancy in the report.  Chief Watts was just informing Council of the incident and then waiting to see if the gentleman takes any further action.

Chief Watts also noted that he has been in contact with Ed Gnoth and he is staying on as the Emergency Management Coordinator.

He reported that Officer Kopas has all of his training certifications.  They are just waiting on his cards and he should be on the road shortly.

The Officers will be attending a 2-day training session coming up soon.

Finally,  he reported that ammunition it is all currently on backorder from the manufacturer.  He requested of the Council, that should he find a source available, that he has permission to purchase sufficient inventory.

Mike Brandl made the motion to give Chief Watts permission to purchase sufficient ammunition inventory should a source become available.  Robert Dugan seconded.  A vote was taken and the motion carried.

Motion to accept the Police Report:  Robert Dugan  Second: Mike Brandl
A vote was taken and the motion carried.

Sewer:
It was noted that nothing new has been reported from Evans City Borough as of yet.

Motion to accept the sewer report:  Robert Dugan        Second: Mike Brandl
A vote was taken and the motion carried.

Zoning:
There was nothing new to report.
Motion to accept the zoning report:  Al Wirtz        Second:  Robert Dugan
A vote was taken and the motion carried.

RONALD CAHALL ZONING ORDINANCE VIOLATION - Solicitors Report:
Solicitor Smith reported that Mr. Cahall's structure is past the temporary stage.  Permits should have been issued and inspections should have been done.  The Council has talked with Mr. Ronald Cahall and the location has been looked at.  The structure should not be there.  Solicitor Smith was more concerned with the problems he could be causing with water in everyone's basements.
Solicitor Smith recommended to Council that they give Mr. Cahall a break for now until they have to inspect the location again because he is renovating something else.  Then Council can inspect and require the proper permits at one time and have him clean it all up. 

REILLY ZONING ENFORCEMENT NOTICE - Solicitors Report:
Solicitor Smith reported that the other issue was the Zoning Enforcement Notice sent to Mr. Reilly.  First thing he did was put a mobile home in a Flood Plain. Mr. Reilly gave Council a bunch of plans.  He then went and put the mobile home in, put the sewer line in and connected it to the Borough's sewer line and put the driveway in.  He put cross connects under his driveway so when water comes off Mars-Evans City Road to drain down into the creek, he's basically damning all that water up. 

Mr. Reilly informed Council what he was going to do, then did what he wanted to do and then walked away from it when he found out he had to submit plans.  However there was never a follow up so Council sent him a Zoning Enforcement Notice asking to see "as built" drawings.

After Mr. Reilly installed the mobile home, he then put in the parking lot.  He trucked in a bunch of B rock or River Rock, and turned it into a parking lot.  Council told him he couldn't do that because he was creating a big problem in a flood plain area and he had to take the parking lot out.

Council told Mr. Reilly they wanted as built plans for the mobile home, driveway, sewage and the parking lot.  The Solicitor stated that supposedly he restored the parking lot to its original condition.

Mr. Reilly brought plans to the Borough in October (2012) and they went to the engineer in November (2012).  The engineer that did the report for Mr. Reilly was Scott Shoup who was also the Borough's engineer.  Council then took Scott Shoup's report and sent it to Engineer, Michael Baker, Inc.

Scott Shoup's report states:  the parking lot down by the creek is back to about where the contours were originally.  The parking lot area back by the mobile home is about 2' higher than it was originally.  The big pile of dirt that was between the mobile home and the Mars-Evans City Road is gone. 

Council told Mr. Reilly that they wanted core samples to prove that the rock had been removed.  All he did was to cover the lot with dirt, so that if the rain hits it, it is going to run off and create a problem.  That is why Council did not want to let him do what he did.  What Scott Shoup told engineer, Michael Baker, Inc. was Council is to get core samples down to 1'. 

Solicitor Smith reported that when you look at the topography drawings for the parking lot, what it appears that Mr. Reilly did, was cover the parking lot with 2' of dirt, took core samples down to a foot and said there is no rock here, all of the rock has been removed.  The whole renovation was done in five (5) days and it is not believed that the rock was ever removed.  However, his engineer report to our engineer says they removed the rock and did core samples.  Our engineer reviewed it and based on that report he is satisfied.

Solicitor Smith was just informing Council that he does not believe they removed the rock.  He doesn't think the whole job could have been done in five (5) days.

The next issue with the mobile home is the sewer line connection. Mr. Reilly had nothing there to put a mobile home in and he wanted to connect to the sewer line, so he put a sewer line from the mobile home down to where the Borough's sewer line is and connected.

At the time, the Borough's Zoning Officer was Sean Gramz.  Mr. Reilly called Sean Gramz to go out and inspect the connection.  Sean stated that he could not certify the connection, he was not qualified.  Sean, however, told Council and Solicitor Smith was what he observed in that sewage line from the mobile home to the Borough's line was it went downhill then leveled off, had a belly in it, then elevated back up to the Borough's sewer line.  Mr. Smith stated that you do not elevate a sewage line because everything just collects there.  He stated that the Zoning Officer did look at the site, but certainly did not approve the line or connection.
What Mr. Reilly's report to Michael Baker Inc., through Scott Shoup, comes down to is that there is a belly and then the line elevates back up to the Borough's sewer line.

Michael Baker Inc. did not do a field review, they just looked at the report from Reilly/Shoup, but if Council wants him to go out and do an inspection of the sewer line connection he would.


CHARLES CAHALL SEWAGE PERMIT/INSPECTIONS - Solicitors Report:
Here is the new issue, Council has Mr. Charles Cahall who took the house (at 122 Kline Avenue) and put a sewer in and connected to the Borough's sewer line, and no one knows how he did it.  He had to have done it this past summer (2012).

What Solicitor Smith was told was that back in 1988 when the sewer was put in there was a tap that was already there, and theoretically the tap went the whole way back to the house, but was never connected to the house.  The lady that previously lived there didn't have any money and so it is not believe that she connected the line all the way back and certainly didn't connect it to the house. 

Solicitor Smith had been previously informed that the lady had a septic system and she was essentially pumping all of the stuff out into the yard.  Then he was told that Mr. Cahall went and took all of the rock that was swept up off the streets and put it into the yard.  What he did with the rock was basically cover the sewage system, which is what Mr. Reilly did that he wasn't allowed to do, only with different sized rock. 

Now, with a Storm Water Management Plan any time you put rock down, Butler County considers that a semi-pervious surface;  the State considers it an impervious surface for storm water planning, so when he dumped all of that rock in that yard and he didn't come back to Council and show them what he was going to do and how he was going to do it, which included a whole bunch of plans just like Mr. Lutz and his parking lot, he was issued the Zoning Notice.

Bottom line is Mr. Smith has no idea how Mr. Cahall entered into the Borough's sewage line.  1) he didn't get a permit; 2) he has refused to pay for sewage; 3) he doesn't think the Borough is charging Mr. Cahall, because 4) we never expected the connection.

The issue is, if we let Mr. Reilly go with the parking lot, Solicitor Smith doesn't believe Council can let him go with the sewer connection.  If Council can't let Mr. Reilly go with the sewer connection then they can't let Mr. Cahall and Mr. Foley go with their sewer connections.

If you are connecting to the Borough's sewer line, Council is required to inspect the connection and to certify it before it is covered up.  As far as Solicitor Smith is aware, nothing was done with the last four.  (Reilly 1 - Cahall 1 - Foley 2).

Therefore, Solicitor Smith stated that his recommendation is that sometime this spring Council have Michael Baker Inc. check the four connections in question, see if there were any additional connections done and if they need inspected.

The Reilly parking lot is not the main issue if Scott Shoup has his name on a piece of paper that says there is no rock in there Council can probably live with that, but the sewer line connections are the issues for Reilly, Cahall and Foley and is an issue for anyone who has tapped in to the sewer system recently.

Robert Dugan questioned why they were covered up prior to inspection.  With Council responding Foley got two (2) taps and they should have been inspected before they were covered.  Councilman Ed Conway thought the inspections were performed by John Nath, Plans Examiner, but this would have to be verified.

Solicitor Smith stated that he was informed that the Cahall property had no running water or bathrooms originally and that there was an old outhouse on the property.  Since then Mr. Cahall has renovated the property and there are bathrooms in the house currently.  That he advertises that property in the Butler Eagle with public sewage.  That is how the issue was discovered.

Solicitor Smith then did some follow-up and the Secretary reported that she had no permits or inspection papers on file.

Mr. Cahall admits to connecting to the public sewage and stated it is covered up and he is not going to pay the monthly sewage bill so don't send him one.  So right now that house is hooked up with public sewage and the last he checked with the Secretary, the Borough was not billing him because he refuses to pay.

Solicitor Smith's issue is with the fact he is not paying the bill; that the Borough is not billing him; and that someone connected to the sewage and the Borough did not inspect it.

Ed Conway reported that when he went to Mr. Cahall, he had all of his permits.  It was all signed off by John (Nath).  Mr. Cahall stated that he is not paying for the sewage because no one lives at the property.  He just is not going to pay.

Council agreed that the Borough should be billing Mr. Cahall.  Mr. Wirtz pointed out all of the rental properties that have hook-ups and no one currently occupying their facilities are paying for sewage.

Ed Conway stated he was under the impression when he went to visit the site that Mr. Cahall had NO paperwork.  But when he was there Mr. Cahall had it all, again signed by John Nath.  The Borough only had some of the paperwork on file.  Mr. Conway reported that last summer or fall you could not even tell where or how Mr. Cahall had connected.  You couldn't find any area that had been dug up or disturbed.

Mr. Conway reported that the house did not get water when it was put in back in 2007.  Council was under the impression the house was going to be torn down in 2008 or 2009 when Mr. Cahall bought the property.  He had no idea how he got the water connected.

It was agreed to get with the Secretary to determine if Mr. Cahall is being billed for the property in question.  If he is not being billed, then the Borough immediately needs to do so then go through the proper process to collect the money.  It was noted that the property cannot be sold if there is a lien on it for the sewage.

There was further discussion on what inspections Mr. John Nath did or did not do and it was agreed that John Nath needs to notify the Borough when inspections are being done.  They are not housing inspections, they are sewage inspections and Council who runs the sewage system needs to be notified of all inspections being done and the final outcome.  John Nath has to be the one to provide all of the pertinent paperwork to Council.

The Solicitor reported that Mr. Cahall will have trouble selling the property with the right-of-way and sewage issues.  The seller, Mr. Cahall, must by law inform any buyer of any pending issues, and if they are not corrected or done correctly, the buyer must then fix the issues.  The matter should be addressed now while it is Mr. Cahall's responsibility to resolve. 

It was the Solicitor's recommendation to the Council that John Nath be contacted and it be determined what he did or did not do for the properties in question and for the office to secure any pertinent backup documentation from Mr. Nath.  It does not need to be the building permits and documents, it must be the sewage permits and documents that determine if the sewage was covered up or not.

It was also noted that Mr. Cahall had paperwork that stated that the water connection was "ok".  This all occurred during the time the Borough had a vacancy in the Zoning Officer position.  The Solicitor noted that the Borough would not have inspected the water connection, the Water Authority would inspect and approve that connection.  If that connection was done, then the Water Authority would have been the one to inspect and approve the connection.  It was agreed that the Secretary should confirm that the Water Authority in fact did the inspection and approval of the property (located at 122 Kline Avenue).

Mr. Conway reported that a monthly listing of all residents' water usage is provided to the Borough and if Mr. Cahall is connected to the water line, then he is most definitely paying a water bill, but refuses to pay a sewage bill.

It was agreed to start with the Secretary and let her progress backwards to pull the files on what the Borough has for these issues.  Then contact John Nath for his reports and paperwork on same.  It was reiterated that he be advised the Borough is to get all paperwork on inspections both past and in the future.  Paperwork informing the Borough what steps are to be taken and then a final report on what was actually done on each inspection.

Motion to accept the Solicitors Reports on the aforementioned issues:  Al WirtzSeconded:  Mike Brandl
A vote was taken and the motion carried.

Water:
Duane Cerra stated that there were no items for the water report.

Robert Dugan made a motion to accept the water report. Second: Mike Brandl
A vote was taken and the motion carried. 


CORRESPONDENCE:

Callery Volunteer Fire Department
Duane Cerra reported that the Callery VFC annual Installation Dinner is being held Saturday, February 9th with dinner scheduled at 6 pm.  Everyone has been RSVP'd for the event.

Berkheimer Tax Administrator
Duane Cerra reported that Berkheimer our collector of Local Services Tax has increased their bond coverage from $1,800.00 to $6,000.00 at no cost to the Borough.

PennDOT MS-965 Liquid Fuels Form
Duane Cerra noted that District Municipal Services Representative Mr. Richard Knapco completed the MS-965 Liquid Fuels form review of Friday, January 25, 2013 and the Financial Consultant completed the review and approved the report on Monday, January 28, 2013.

Shults Ford Extended Coverage on New Dump Truck
After discussion it was determined that the extended coverage would not be a good idea for the Borough for as many miles that are placed on the vehicle.

Mike Brandl made a motion to accept the correspondence presented.  Robert Dugan seconded.  A vote was taken and the motion carried.


OLD BUSINESS:

Re-appoint Emergency Management Coordinator
Al Wirtz made a motion to reappoint Mr. Edward P. Gnoth as Emergency Management Coordinator for Callery Borough.  Robert Dugan seconded.  A vote was taken and the motion carried.

Airport Overlay Zoning Ordinance #2012-04 Grant Monies
Mr. Cerra reported that the Airport Overlay Grant Monies were received from the Butler County Airport Authority on Monday, January 28, 2013 via check #0323 in the amount of $3,305.00, and deposited into the General Fund.
Solicitor Smith noted that since Council did not budget for the monies, but knew it was coming, they need to do a Resolution at next meeting putting the money into the General Fund and Council deciding where it should be used.  He also reminded Council that he has not billed them yet for the work performed on this Grant and offered Council several payment options. 

Council agreed to pay the Solicitors bill all at one time upon receipt and as monies become available. 


Motion to accept Old Business:  Al WirtzSeconded:  Robert Dugan
A vote was taken and the motion carried.


NEW BUSINESS:

Resolution #2013-01
Solicitor Smith stated that with the Resident Mailing that went out recently informing the residents of the sewer issues and tax collector issues prompted the execution of this resolution prior to the February 15th deadline.  

The resolution legally sets the compensation of the Real Estate Tax Collector & adopts rules and regulations relating to the performance of duties of the Real Estate Tax Collector for the year 2014 and thereafter for anyone who may get elected.

Motion to adopt Resolution #2013-01:Mike BrandlSeconded:  Robert Dugan
A vote was taken and the motion carried.

Fire Hydrant Tax Collection - Discussion with Solicitor
Solicitor Smith summarized that the Borough cannot charge a Borough Fire Hydrant Tax without an Ordinance.  When previously adopted via Ordinance #78 it only set a rate for the Tax it did not create a Fire Hydrant Tax.  What the Borough does annually is set the rates of taxes, not create them.  So Council has been setting the rate of a tax without the Ordinance creating the same tax.

Solicitor Smith stated that the Code for Local Enabling Tax Act does not allow boroughs to charge a Borough Fire Hydrant Tax on residents.  This was caught in the 2011 Borough Audit.

Right now Council is charging 24.63 mills, 23.13 for General Fund and 1.5 mills for Fire Hydrant Fund.  The budget has already been set and the tax cards are already being printed for 2013, so it is too late to fix this year.  Next year if Council charge residents at the same 24.63 mills, then the tax bill to our residents does not go up.  Council has just pulled the 1.5 Fire Hydrant Tax millage and placed total millage in the General Fund or they can create a streetlight or fire department tax.

Council will continue to pay bills from the Fire Hydrant Tax Fund and when the monies are exhausted, the Fund becomes defunct and the Council is done with the tax.  There will be no impact on the residents and be a wash for Council with the Borough ultimately getting out from under the Fire Hydrant Tax.

After additional discussion, it was agreed that the Tax was imposed incorrectly and has created one error after another from the start.  The only way to correct this is to do away with the Fund and reorganize the millage so it does not reflect the Fire Hydrant Tax to the Borough residents in the future.  This will be done prior to the adoption of a new budget.


As there were no more items, Robert Dugan moved to accept the New Business.  Mike Brandl seconded.  A vote was taken and the motion carried.


As there were no public comments and no additional items to be brought before Council, Mike Brandl made a motion to adjourn.  Robert Dugan seconded.  A vote was taken and the motion carried. 

The meeting was adjourned at 8:05 p.m.


Respectfully Submitted by,
Tammy L. Baumgarten
Secretary/Treasurer

Accepted March 4, 2013
with Corrections