MUNICIPALITY OF MONROEVILLE REGULAR COUNCIL MEETING JUNE 8, 2010 MINUTES. The meeting was called to order at 7:30 p.m. by Mayor Greg Erosenko.

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1 MUNICIPALITY OF MONROEVILLE REGULAR COUNCIL MEETING JUNE 8, 2010 MINUTES The meeting was called to order at 7:30 p.m. by Mayor Greg Erosenko. LORD S PRAYER AND PLEDGE OF ALLEGIANCE The Lord s Prayer and Pledge of Allegiance were recited at this time. ROLL CALL Mayor Erosenko reported that Councilwoman McDevitt and Mr. Hugus were absent because they were attending graduation for her grandson and his son. The Recording Secretary, Sharon McIndoe, called roll and the following were present: Mayor Erosenko, Bernhard Erb, David Kucherer, Lois Drumheller, James Brown, Diane Allison, Clarence Ramsey, Marshall Bond, Bruce Dice, Mark Ciufo, Susan Werksman, Lynette McKinney and Shawn Rosensteel. APPROVAL OF MINUTES Mayor Erosenko reported the minutes for the regular meeting of May11, 2010 were not available so no action would be taken at this time. APPROVAL OF THE REPORTS OF TAX COLLECTIONS Council then considered approval of the Reports of Tax Collections. Mr. Erb pointed out the municipality is currently year to date and questioned why it is $4 million off. He noted the figure of $13.5 million for the year-to-date income and the budgeted amount of $17.7 million, so the municipality is still in a budget situation. He reminded everyone that this is not something that was fabricated at the end of last year and it is continuing. There being no further discussion, Mr. Ramsey duly made a motion to approve the Reports of the Tax Collections and Mr. Kucherer seconded it. Upon a roll call vote, the motion carried unanimously.

2 Regular Meeting 2 June 8, 2010 LIST OF BILLS, BUDGET TRANSFERS AND PAYROLL Council then considered approval for the list of bills in the amount of $2,520,989.82, budget transfers in the amount of $15, and payroll in the amount of $882, for the month of May. There being no discussion, Mr. Erb duly made a motion to approve the payroll and Mr. Kucherer seconded it. Upon a roll call vote, the motion carried unanimously. There being no questions or comments, Mr. Kucherer duly made a motion to approve the list of bills and budget transfers. Mrs. Drumheller seconded it and upon a roll call vote, the motion carried unanimously. VACANCIES ON BOARDS, COMMISSIONS AND AUTHORITIES PERSONNEL BOARD Whereupon, Mr. Erb duly made a motion to appoint Mr. Jeff Kramer from Ward One to the Personnel Board and Mr. Kucherer seconded it. Upon a voice vote, the motion carried unanimously. LIBRARY BOARD There being no further discussion, Mr. Brown duly made a motion to nominate Ms. Tara Rotuna from Ward Four to the Library Board and Mr. Kucherer seconded it. Upon a voice vote, the motion carried unanimously. BIDS AND PROPOSALS REPORT OF AMERICAN APPROVED ENERGY SERVICES BROKER ELECTRICITY SUPPLY CONTRACT Mr. Bond gave a report on the outcome of the electricity procurement effort. He stated the municipality contracted with American Approved Energy Services and got encouraging news. He then requested the representative come forward to answer any of council s questions. Mr. Elliot Edelstein came forward from American Group Energy to explain how he made a presentation of a proposal with the options to the council committee. He stated it explained the pitfalls of going into an electric contract without a person who knows what it is and pointed out there is a list of items that should be included. He explained how they discussed fixed versus variable and bandwidth. He reported the board approved his proposal so he did a collection of the latest invoices from all of the accounts and he was able to include the electric lights and traffic lights. He added the only thing not included were the two items because there was not history. He indicated how this is strictly for the energy and with all the bills provided, he made an

3 Regular Meeting 3 June 8, 2010 analysis of the current usage. He explained he took the electricity, with the energy and transmission and it would cost cents per average. He added there were a couple of low ones but most were in the high 7 s and 8 s between Direct Energy and Duquesne. He also pointed out there was one section that was a summary bill where the municipality was paying which is high. He further explained he wrote the request for proposal based upon the proposal that was presented and all the retail electric providers were contacted. He stated the proposals were sent out to the ones that indicated they could do the fixed and all inclusive. He reported four were returned that did everything but two had the zero bandwidth which was included in the report. Mr. Edelstein indicated responses were received from Direct Energy, Intregrys, Liberty and Svez. He again stated of the four only Liberty and Intregrys would do everything requested with Intregrys being the lowest. He asserted they were able to get the municipality into a three-year agreement of which is a great rate and for a good amount of time. Mr. Brown questioned whether it is too late for the June start since there are different figures for a June start and a July start. Mr. Edlestein answered negatively and indicated it would be a June start. He stated the rate was 1/1000 less than the number shown. Mr. Brown questioned whether the number is actually and Mr. Edlestein answered the number was now Mr. Edelstein explained there was a 15 percent increase last period at Duquesne and using the 6 percent semi-annual and the 0 percent increase he gave the report of what the savings would be for a three-year contract. He indicated with 6 percent or more over a three-year period, the municipality will save $148,487. He further explained if there is no increase in rates from Duquesne there will be a $38,000 savings over three years. He stated the market projections reflect that it would increase over the three-year period and the reason is because the caps are coming off in other parts of the state. He also added that is why it is recommended now. Mrs. Allison questioned why the two accounts were not included and Mr. Bond indicated there is one at Beechwood Park that was just an electric meter. Mr. Edelstein stated 67 accounts were included. Mrs. Allison wanted to know if they were a building or lights. Mr. Bond answered one is an electric box with a meter with nothing hooked to it at Beechwood Park and he felt that it was there for future use. He was uncertain about the other one. Mrs. Allison asserted it is an insignificant amount. Mr. Edelstein added there is zero history for the last 12 months for both of them. Mrs. Allison inquired about the issues for companies that were not all-inclusive. Mr. Edelstein explained all of them would provide the electricity, the demand transmission and energy but other things like ancillary and capacity charges they wanted to raise including congestion, location forward, reserves, transmission and distribution losses, energy procurement costs recovery, and reliability of most roaming charges. He reported how this number could be raised if it is not included in the contract and he indicated these were all included to protect the municipality. Mrs. Allison agreed that

4 Regular Meeting 4 June 8, 2010 some of those charges can be significant. Mrs. Allison questioned whether he had any problem getting the metered traffic light and Mr. Edelstein answered the unmetered traffic lights are included. He stated the bills reflect the standard consumption to show what type of lights they are and an estimate of consumption. He indicated the bills he was provided because of the season, only showed about 2 million kilowatts and the actual annual consumption is 3.1 million. Mr. Kucherer questioned whether this is a standard agreement and Mr. Edelstein answered affirmatively. There being no further discussion, Mr. Erb duly made a motion to approve the report and Mrs. Allison seconded it. Upon a roll call vote, the motion carried unanimously. CONSENT AGENDA NEW BUSINESS RESOLUTION SITE PLAN 09-7-ST THE HINDU JAIN TEMPLE The applicant is requesting site plan approval to construct a 400-square foot addition to an existing building and improvement to the site storm water management facilities. The property is located at 615 Illini Drive in the R-2, Single-Family Residential and S, Conservancy Zoning District. The planning commission recommended approval with conditions. Mr. Steven Victor from Victor Wetzel Associates came forward to explain they have been working with the municipality to develop a storm water plan to upgrade the facilities at the Hindu Jain Temple that would solve a past storm water problem but to also allow the temple to put in an ADA bathroom addition. He stated the site currently has two buildings and the ADA facility will be added to the temple. He also explained they would be adding a storm water facility which is a six-foot diameter tank to be placed in the ground approximately 100 feet long. He indicated the tank will collect the water from the upper parking lot through controls and the water will then be released in a detained fashion and routed through the existing facility. He explained how they discovered that the access to the facilities had not been properly installed in 1996 so as part of this plan they will be placing two access manholes to accommodate future inspections. Mr. Brown requested that he trace the storm line because the level of detail on the map was not clear. He wanted to know where it goes and where it ends. Mr. Victor pointed out the existing tank which collects runoff from the upper parking lots currently

5 Regular Meeting 5 June 8, 2010 but it will go to the tank with two inlet structures and will leave the tank in a singular 12- inch pipe that runs to an open inlet then runs along a pipe along the westerly side of the community center to another inlet and then heads down over the hill to a catch basin in the street to become part of the municipal system. Mr. Brown verified there is no storm water being discharged above ground and Mr. Victor concurred. He explained how previously the upper parking lot facilities was sheet flowing and going to a collection ditch but now this upper lot will be able to capture 100 percent of the water because it will provide a lip with curbing. He indicated this will correct the sheet flowing situation and be able to capture everything, run it through the two detention facilities and directly into the catch basin in the street. Mrs. Drumheller questioned whether there was an estimation of how much runoff had been missing and Mr. Victor answered it was a very small amount. He explained it was a sheet flow instead of a point source discharge so there was not concentrated flow or discharge problems. He added there was a portion of the site that was not getting into the detention facility so this will ensure that it will. There being no further discussion, Mr. Brown duly made a motion to approve Site Plan No ST and Mrs. Allison seconded it. Upon a roll call vote, the motion carried unanimously. Mr. Victor expressed his appreciation to the staff for assisting in an acceptable solution. RESOLUTIONS RESOLUTION A resolution correcting the license number mistake of an approved liquor license transfer to Steel City Roadhouse, Incorporated located at 2101 Mosside Boulevard, Monroeville, Pennsylvania. Mr. Bond reported this resolution would correct a license number mistake on an approved liquor license transfer for the Steel City Roadhouse that council previously approved. He indicated one of the numbers provided was incorrect. There being no further discussion, a motion was duly made by Mr. Erb to approve the resolution and Mrs. Drumheller seconded it. Upon a roll call vote, the motion carried unanimously. RESOLUTION A resolution accepting the gift of property(ies) from Site Development Company Incorporated identified as Parcel(s) ID No. 543-G and 860-S-160.

6 Regular Meeting 6 June 8, 2010 Mr. Bond reported this resolution is for the potential gifting of property related to the estate of the late Russell P. and Margaret Jane Miller. He explained the municipality had an agreement with them on a couple of unfinished subdivisions in Monroeville. He indicated there are some left over parcels, one on Judy Lane and on Old Ramsey Road, and the attorneys representing the estate have contacted the municipality to inquire about any interest in the parcels. Mr. Bond asserted he made a report of the locations of the properties and pictures from the website. Mrs. Drumheller added she got five pictures of the properties. She explained the picture of the corner of Judy Lane and felt it was a tiny parcel. Mr. Bond added it is 660 square feet. Mrs. Drumheller wanted to know who maintained the corner. Mr. Bond pointed out the other parcel is off Old Ramsey Road at the end where it has never been developed because it falls off. Mrs. Drumheller suggested it takes a precipitous dive into a very steep slope into nothing but a wooded area. She further explained her pictures. Mr. Bond indicated it is council s prerogative as to whether or not to accept the properties. Mr. Erb pointed out there is one property next to the one in the picture that is developed and questioned whether there is any reason why the property is not developed from the one next to it with the driveway. Mrs. Drumheller answered negatively. Mr. Bond added an enormous amount of dirt would need to be moved and Mrs. Drumheller agreed that it would need a lot of fill. Mr. Kucherer questioned whether the Miller Estate has attempted to try to sell the property to the abutting property owners and Mr. Bond answered there was a For Sale sign on it. He indicated when he was contacted he suggested they contact the adjacent property owners. Mr. Brown inquired whether these items should be dealt with separately since there are two parcels and Mr. Dice answered affirmatively. Whereupon, Mr. Brown duly made a motion to amend the agenda to consider the individual quit claim deeds individually as opposed to a single resolution and Mr. Erb seconded it. Upon a voice vote the motion carried unanimously. Mr. Brown clarified that there are now two resolutions to consider, one to address Parcel 543-G and 860-S-19. Mr. Kucherer suggested the first picture Mrs. Drumheller took of the property reflects that it is well manicured. He questioned whether the adjacent property owner was asked to buy the property and Mr. Bond was uncertain. Mrs. Drumheller asserted it appears that everything is being cared for. Mr. Bond suggested the property owner may not know it is his because it is a sliver of a property. Mrs. Drumheller questioned whether the gifted property could be gifted to the property owner. Mr. Dice advised that if the property is worth more than $600 it has to be bid publically. He suggested the proper way to do it would be to appraise the property. Mr. Dice felt Mr. Kucherer s question was whether the property owner would care if it was gifted to him. Mr. Dice suggested the property owner may not be interested in it because then he would have to pay taxes on it when he is already maintaining it. Mr. Erb inquired whether the person

7 Regular Meeting 7 June 8, 2010 would own the property after he as taken care of it over a period of time and Mr. Dice answered affirmatively. He indicated that it is called adverse possession and it would require that person to petition the court to acquire title to it. He advised it would have to be 21 continuous years. Mayor Erosenko added they would now have to pay taxes on it and Mr. Dice concurred. Mr. Kucherer explained that when the municipality vacated the paper street or Old Saunders Station Road it was a small sliver of property. He pointed out it was only about $6 or $7 per year extra. Mr. Bond estimated it to be $3. Mr. Brown questioned whether there were any interested parties at the meeting and no one came forward. Mr. Erb suggested it be tabled to make certain the adjacent property owners have been notified. Whereupon, Mr. Erb duly made a motion to table the resolution for Parcel 543-G and Mrs. Drumheller seconded it. Upon a voice vote, the motion carried unanimously. Further, Mr. Erb duly made a motion to table the resolution for Parcel 860-S-190 and Mrs. Drumheller seconded it. Upon a voice vote, the motion carried unanimously. Mr. Brown suggested that next month those items be individual resolutions on the agenda. RESOLUTION A resolution authorizing an agreement with American Towers, Incorporated (Clearwire). Mr. Bond reported this is a resolution authorizing entering into an option and lease agreement for a portion of the property owned by the Municipality of Monroeville known as Garden City Swim and Tennis Club with American Towers, Incorporated. He indicated the municipal attorney was directed to contact the company and bring back a recommendation. Mr. Brown explained that the Garden City Swim Club representative came before council to state publically that there was an agreement pending that the swim club would benefit by approximately $900 a month. He indicated it is now $1,100 and Mrs. Drumheller corrected that it was originally $750. Mr. Brown asserted this is a nice boost for the swim club and may be just the thing that saves them. Whereupon, Mr. Ramsey duly made a motion to approve the resolution and Mr. Erb seconded it. Upon a roll call vote, the motion carried unanimously.

8 Regular Meeting 8 June 8, 2010 RESOLUTION A resolution closing the council/mayor office which is part of the manager s suite on the second floor of the municipal building. Mrs. Allison indicated that she gave this a lot of thought and she tried to get to the bottom of everything that was said. She stated she had no issues with the mayor having an office but she agreed with Councilman Erb about the location. She suggested he move to another location in the building which would take care of all the issues. She explained how before she was elected she would come into the municipal building on the first floor with the tax office and parks and recreation. She asked if he would consider moving to the first floor because that is more conducive for residents and explained how the second floor is more business oriented. She pointed out the second floor has a reception desk with two locked doors which does not encourage people to walk around. She asserted when residents come to pay their taxes they could stop to talk with him. She also indicated there is a conference room available and he performs weddings in council chambers. She felt the first floor would allow him more availability to meet residents and businesses. She stated she did not think there should be a separate council office but she had no problem with him having an office. Mayor Erosenko reported when the municipal center was built that office was designed for the purpose of the mayor and council. He indicated he likes the office where it is because he has easy access to the manager and his secretary. He felt moving his office downstairs would only make it tougher for him because the manager s office has all the information. He asserted the residents are familiar with the location of the mayor s office and he reported he is the only other mayor beside Senator Logan who worked the office. He stated he would like to stay in that office and he would leave if any council person would need to use it. He disagreed with Councilman Erb when he referenced that he did not want the mayor to be too close to the manager or that he would influence him too much. He suggested he would see the new manager no matter what. Mrs. Allison indicated that she was trying to look at it objectively and stated she would ask him questions if she were new and he was right there because it would be convenient. Mayor Erosenko stated there is no office like that set up on the first floor and felt it is perfect where it is located. Again, Mrs. Allison suggested there would be more access to the public on the first floor. Mayor Erosenko assured her that he gets a lot of telephone calls and s every day that he returns and a lot of residents do stop to see him whether it is on his office hours days or not. Mrs. Allison contended that does not change where it is located. Mayor Erosenko stated it is easier working access for him. Mrs. Allison again agreed that he should have an office but she questioned its location.

9 Regular Meeting 9 June 8, 2010 Mr. Ramsey indicated that office was put at that location for a purpose when the building was constructed so that the mayor and council could be close to the manager. He stated that was the intent to have the office there for convenience to the manager. Mrs. Drumheller inquired when the building was built and Mr. Bond answered Mrs. Drumheller asserted the best communication seems to be the electronic medium and easy access for the public. She felt it might benefit the residents if when they come into the building they have a first site access. She questioned whether it would function the same way for anyone. She stated she questioned whether the internet was available when the building was constructed because council members could go there and use the computer and have a place that makes the communication easier. Mr. Erb read a quote from the ICMA website that deals specifically with hiring new managers. He explained the ICMA stands for international city managers association and he read, today s elected government officials can better fulfill their legislative or policy making roles by delegating the day to day management of the municipality to an appointed professional administrator. He stated that Monroeville has a strong manager/council form of government and he spoke with former mayors and individuals from the government academy. He indicated there was a split opinion as to whether or not an office should be in the municipal building for the mayor and council. He felt having the office goes beyond the scope of duties for the mayor and council by being at the municipal building every day for eight hours. He stated the mayor is not the only person at the municipal building on a regular basis. He suggested this item be tabled until the new manager is hired before it was discussed further to decide whether there is a more suitable location. Mayor Erosenko disagreed with him and he felt it was directed to him personally. He addressed the issue that he spends a lot of time in the municipal building and he is accused of micro-managing. He challenged anyone on council to find an employee who would testify that he was micro-managing anyone. He indicated that he always looks at the big picture by dealing with the residents issues when they call and he tries to bring as much new business in to revitalize Route 22 and all of Monroeville. He stated he does put in a lot of time and energy but he is retired. He reported his predecessor only came in to sign off on paperwork. He asserted that he is hands on with the business community and residents and if he has any issues, he goes right to the manager. Mayor Erosenko felt the whole crux of the argument is that Councilman Erb feels he will micro manage the new manager. He stated he has not done it with Mr. Bond and he will not do it with the new manager and he will continue to work on behalf of all the residents and to revitalize the business district. He suggested that he is the face of Monroeville, the greeter, ribbon cutter and the ceremonial guy. He felt this issue should be voted on. Mr. Brown reported that office belongs to the residents of Monroeville not the mayor or council. He indicated that he was involved with the planning of the building and the features and floor plan of this structure were planned in detail. He stated that office was deliberately made as part of the design of this building to be used by the mayor and council as a work space. He added it would be a place to meet with a resident

10 Regular Meeting 10 June 8, 2010 or any other interested party and the purpose of that room was to exclude having a meeting take place in another regular work space of the municipal building. He explained how council and the mayor would take over the office space and staff in the old municipal building. He stated that room was deliberately made to keep the mayor and council out of the office spaces of the staff and administration. Mr. Brown felt this is a non issue and the topic of discussion has gone too far and the whole thing is sophomoric. He pointed out that council has spent more time on this item on the agenda than any other. He suggested it is a distraction to what is truly important in conducting business in the municipality. Whereupon, Mr. Brown duly made a motion to deny the resolution and Mr. Ramsey seconded it. Upon a roll call vote, the motion carried with three affirmative votes and three negative votes. The voting was as follows: Messrs. Ramsey, Brown, and Kucherer voted affirmatively; Mrs. Allison, Mrs. Drumheller and Mr. Erb voted negatively. Mayor Erosenko broke the tied vote by voting affirmatively to deny the resolution. RESOLUTION A resolution supporting the acceleration of the Phase II Additional Road construction between Wyngate Drive/Strochien Road and the office building currently occupied by Bechtel Plan Machinery, Incorporated off Jamison Lane in Monroeville. Mr. Bond explained that he attempted to notify the proper officials that there are some time constraints in the four-party agreement and he voiced a concern that work needs to begin expediently. He stated there is state money at risk, safety issues that continue and the economic development issues. Mrs. Allison reported there was an article in the newspaper yesterday and this was in the Allegheny County Community Development block program as one of the amendments. She stated the article was about new and dropped projects. She explained Monroeville is not one of the dropped projects but they are asking for the money because they need to get the pending funds to pay for what has already been done. She indicated this would just be council agreeing to support these things so they can get the money and the project can be completed. Mr. Kucherer inquired whether she said it was $3.3 million and Mrs. Allison answered affirmatively that it had to be changed from $3.2 million. Mayor Erosenko asserted it was $3 million and Mr. Dice stated he sent out the corrected one. Whereupon, Mrs. Drumheller duly made a motion to approve the resolution and Mrs. Allison seconded it. Upon a roll call vote, the motion carried unanimously.

11 Regular Meeting 11 June 8, 2010 ORDINANCES ORDINANCE 2479 An ordinance amending Chapter 290, Property Maintenance, of the Code of the Municipality of Monroeville and repealing also known as Ordinance 2023 by adopting the 2009 International Property Maintenance Code and additional regulations as listed herein, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupancy and use; use, and demolition of such existing structures in the Municipality of Monroeville. Mr. Dice explained this would bring the municipality up to date with the new Property Maintenance Code of There being no further discussion, Mr. Kucherer duly made a motion to approve the ordinance and Mr. Erb seconded it. Upon a roll call vote, the motion carried unanimously. ORDINANCE 2480 An ordinance setting forth the requirements for obtaining occupancy permits prior to the transfer of one and two-family dwelling units, establishing inspection requirements for multi-family dwellings, established procedures for obtaining said occupancy permits and setting fees for said permits. Mr. Erb questioned whether this was part of the previous ordinance and Mr. Bond answered affirmatively. Whereupon, Mr. Erb duly made a motion to approve the ordinance and Mr. Kucherer seconded it. Upon a roll call vote, the motion carried unanimously. ORDINANCE 2481 An ordinance amending the 2010 Budget to correct oversights and move those amounts to fund balance. There being no discussion, Mr. Erb duly made a motion to approve the ordinance, as read, and Mr. Kucherer seconded it. Upon a roll call vote, the motion carried unanimously.

12 Regular Meeting 12 June 8, 2010 ORDINANCE 2482 An ordinance amending Ordinance No and incorporating Ordinance Nos and 2226 regarding the rules governing the functions of the Council of the Municipality of Monroeville and committees thereof. Mr. Dice reported there were seven different drafts of this document and all of the changes have been included. He explained most of the changes are minor. After a brief discussion, Mr. Kucherer duly made a motion to approve the ordinance, as submitted, and Mrs. Drumheller seconded it. Upon a roll call vote, the motion carried unanimously. PUBLIC COMMENTS BILL SHANAHAN Mr. Bill Shanahan a partner in Los Toros, Incorporated, a Mexican restaurant, came forward to read a statement regarding a recent reconciliation hearing that occurred on April 21 at the court of common pleas regarding their restaurant and the zoning. He read, We want to make a final appeal to every member of council in our ongoing pursuit to open Los Toros, Incorporated, a Mexican restaurant on Route 286 corridor of Monroeville. There was recently a reconciliation hearing in the court of common pleas between the Municipality of Monroeville, Monroeville Zoning Board and our attorney, Jack Finnegan. In attendance was Mr. Dice and Mr. Wratcher as well. At the hearing Judge James made it clear that he could issue a court order to prevent Los Toros, Incorporated from using the entire built building located at 1761 Golden Mile Highway for a restaurant. By doing so, the parking variance would be reduced to approximately 10 to 15 spaces. This would also eliminate some seating and alleviate the parking concerns. The judge indicated his familiarity with the corridor and its need for revitalization. We heard the mayor allude to that a little earlier as well. A short drive up the Monroeville end of Route 22 in the Route 286 corridor confirms that. As you are aware the municipality has a revenue shortfall of over $3.3 million dollars to date this fiscal year. Mr. Erb mentioned that earlier as well. Many members of council, Monroeville residents and Judge James of the Court of Common Pleas of Allegheny County feel that every reasonable new business venture should be given an opportunity to promote economic development in the municipality. Our restaurant presents that opportunity. We realize that council not Judge James makes that final decisions regarding economic development in Monroeville. Los Toros Incorporated has spent considerable time and money to become a stakeholder in Monroeville. I, myself, operated an insurance agency just down the road from where we are proposing this restaurant. I paid mercantile tax, we employed people in the community, we supported school and community programs and it still operates in its original location today. The positive impact that our restaurant will bring to the area is significant. I respectfully ask you to adopt the recommendation of

13 Regular Meeting 13 June 8, 2010 Judge James which will allow our restaurant to open and prosper. Thank you for your time and consideration. Mayor Erosenko stated council can reconsider anything. PAT LANCY Mr. Pat Lancy, a resident of 1584 Lynn Avenue, came forward to state that this building was not even a dream in RICHARD CLINE AND DEBRA BOLINGER Mr. Richard Cline, a resident of 1800 Lynn Avenue, Turtle Creek, came forward with Ms. Debra Bolinger, a resident of 1635 Lynn Avenue, Turtle Creek, to express their concerns for a water problem in their area. Mr. Cline explained how Lynn Avenue was covered with about two feet of water and that it has become more and more of an issue. He indicated that he is tired of cleaning it up in his apartment building. He was mainly concerned about a smaller pipe up the street with a small bridge and how there is a 14- foot creek going into a 5-foot hole. He stated the pipe is too small and it has been there 35 to 40 years. He was mainly concerned about the water because every time there is a heavy rain it is a problem. He suggested the creeks need to be cleaned, the trees need to be cut and the debris needs to be cleaned out. Mr. Lancy added the worst was about five years ago. He explained how he has been there for 45 years and there were flood waters until they put in the flood control through the Turtle Creek Valley which eliminated it. He indicated how he had eight to ten inches in his basement last year and it was because the sewers were blocked and the creek could not take any more. He explained how the municipality sent the county down there to clean some of it out but they only cut off branches. He suggested that the logs need to be taken out of the creek and no dumping signs need to be installed. Mr. Bond indicated the state has jurisdiction over the creeks and the municipality has to get permits before they can do anything. He stated it is along a county road and it is a county storm sewer system but it has been there for over 60 years so the remedies have varied. Mr. Lancy explained how it gets clogged because of his corrugation. Mr. Brown was familiar with what happened on Lynn Avenue after the storm on Saturday because he was in that area. Mr. Lancy explained how four people had to be rescued out of the bathtub at the Wolverine. Mrs. Drumheller inquired whether Mr. Cline had contacted someone at DEP at the local office and he answered affirmatively. She questioned when he did it and Mr. Cline answered that afternoon. Mrs. Drumheller indicated that a lot of damage had been reported through the emergency coordinator who was collecting as much information as possible on anyone who had verifiable damages. She asked him if he had that kind of information and Mr. Lancy answered he gave it to his insurance company. Mrs.

14 Regular Meeting 14 June 8, 2010 Drumheller inquired whether he shared that information with the emergency coordinator and Mr. Lancy answered negatively. Mrs. Drumheller again questioned whether he had that information available in dollar amounts and Mr. Lancy answered his neighbors on both sides have gotten new water tanks and furnaces from the county. Mrs. Drumheller suggested he tally the expenses in the local area in dollars and cents and he stated it was hundreds of thousands. Mrs. Drumheller explained how she was gathering the information for a reason because there is grant money through FEMA but you have to show the amount of damage and what you could do if you mitigated the damage. After further brief discussion, Mrs. Drumheller stated she is trying to gather information that might be similar to the damage done to his neighbors and there may be something done to mitigate it. She stated she is gathering the information so she can get the money to do the mitigation. Mayor Erosenko explained the creek is a state issue and the municipality has to get permission. Mr. Lancy indicated there used to be catch grates up at one end of the creek and in between the houses where the creek was exposed which would catch a lot of the debris that had to be cleaned out. He stated they were removed about 35 years ago. Mr. Brown questioned whether his property on Lynn Avenue is designated a flood plain and Ms. Bolinger answered negatively. Mr. Cline mentioned that when he talked to the person at DEP he was advised to contact the municipality and the engineer should be able to file the correct paper work to get it taken care of. He was advised the creek could be cleaned but the proper steps have to be taken and there are penalties if you try to do it on your own. Mr. Bond added there are emergency permit procedures and he intends to contact the county. He explains it is more involved. Ms. Bolinger explained how the water is coming out of the creek. Mayor Erosenko suggested if they could help Councilwomen Drumheller gather the information it would help and the manager will work with the engineer to get something done. Mr. Cline reported there was a meeting the previous night in Turtle Creek on this subject and questioned whether anyone was there. He indicated he was told there were Monroeville people there and they are saying the project would cost approximately $250,000 and they were trying to get half the money from the Woodland Hills Football program. Mr. Brown questioned whether it was Monroeville residents and Mr. Cline answered it was basically Turtle Creek mayor and council. Mr. Erb inquired whether it was their council meeting and Mr. Cline answered affirmatively. Again, Mayor Erosenko urged them to gather the information with Councilwoman Drumheller. Mr. Ramsey added Walmart wanted to fix that creek when they proposed development here. Mrs. Allison requested council go into executive session at this time to discuss an issue that falls under the Sunshine Act. (A brief break was taken at this time for an executive session at 8:52 p.m.)

15 Regular Meeting 15 June 8, 2010 Whereupon, Mr. Erb made a motion to reconvene the meeting at 9:37 p.m and Mr. Ramsey seconded it. Upon a voice vote, the motion carried unanimously. REPORTS OF OFFICIALS MUNICIPAL MANAGER Mr. Bond requested authorization for a program sponsor ad for the Monroeville Jazz Festival Incorporated for the 2010 Season in the amount of $100. Whereupon, Mr. Brown duly made a motion to approve the ad and Mrs. Drumheller seconded it. Upon a roll call vote, the motion carried unanimously. FIRST WARD COUNCILMAN BERNHARD ERB Mr. Erb congratulated the graduates of 2010 and all the other students as they come close to the end of their school year. He urged everyone to be safe this summer and encouraged residents from the seventh ward to attend next month s meeting in July. SECOND WARD COUNCILMAN DAVID KUCHERER Mr. Kucherer indicated that council discussed closing the mayor/council office but he suggested there was a much bigger issue. He stated a resident brought this to his attention and he referred to House Bill No of Session 2010 which is a joint resolution proposing integrated amendments to the constitution of the Commonwealth of Pennsylvania reorganizing local government with a county basis. He indicated the crux of this resolution is to abolish all local governments and create one county seat. He was taken back by that because the representative, Thomas Caltagirone, felt that out of the approximately 2,562 municipalities throughout the Commonwealth of Pennsylvania there are 2,495 too many. He suggested the representative thinks that abolishing all these municipalities would save a lot of money. Mr. Kucherer felt if the state legislators would take some initiatives and do what the local legislators requested they do, it would save a lot of money. THIRD WARD COUNCILWOMAN LOIS DRUMHELLER Mrs. Drumheller thanked the manager for the information regarding the affects of the retirement incentive programs and she reported so far there is a savings of $652, from the retirement program. She also thanked him for the information regarding the Monroeville Public Safety Training Center. Mrs. Drumheller mentioned an action that deeply offended a constituent of hers. She indicated that she would take responsibility for placing value on something that she was not prepared to place value on and that value concerned a loved one or the love that a person in the military has for their brothers and sisters in arms. She stated that she is not credible enough to compare it with the love that someone has for family members

16 Regular Meeting 16 June 8, 2010 because she has not served in the armed forces but many of her family has for generations. She referred to her grandfather who insisted on joining again after he already had served in World War I and left his wife and daughter to serve in World War II. She explained how he served but she realized why we were fighting against oppression in World War II which included the Nazi swastika. She reported that exact symbol was painted on the shed between the library and the senior center. She felt sure many of the seniors can account for that symbol which was unique to Hitler s party and they tried to address it by scrubbing it off but it did not easily go away. She suggested the municipality will paint over that symbol if it has not been done already. She was hopeful that we would not see something so ugly and racist again. She felt whoever put it there was because of a hate crime and she made a point to call attention to this. FOURTH WARD COUNCILMAN JAMES BROWN Mr. Brown commented that council just approved authorization to place an ad in the Monroeville Jazz Festival Program Book and he pointed out that Etta Cox will give a performance. He reported the festival is July 17, 2010 from 3 p.m. to 9 p.m. at the Allegheny Park Summer Parks Concert Series at Boyce Park. Mr. Brown reported that Bel-Aire Municipal Pool opened on Memorial Day Weekend and attendance was good for both days. He commended the workers at public works for doing such a good job getting the pool ready and it looked nice. He invited everyone to come and enjoy the pool. He was hoping for a long, hot summer. He encouraged the residents to either use it of lose it and it was only open because of a grant from Senator Logan. He stated if the residents do not support it, it is questionable whether it will come back next year. He pointed the reporter from the local newspaper published an article in the paper talking about municipal pools and how none of them are making money. He indicated that all the pools all over the county are in the same position as the ones in Monroeville. Mr. Brown thanked all the residents of Monroeville who came out for the Memorial Day Parade and he felt it was well attended. He recognized everyone who helped organize the service at the Old Stone Church afterward. Mr. Brown sent congratulation wishes to all the graduates over at Gateway High School and he welcomed the newest school superintendant Joe Patrella. He sent wishes to Dr. Cleveland Stewart on his recent retirement and he reported how he was on the board when he was hired. He felt it was a good decision to appoint him and felt it did a tremendous service to the school. Mr. Brown announced the Fourth of July Parade will be held on July 5 because the fourth falls on Sunday. He added the fireworks will be on Sunday night. Mr. Brown requested council back up to the boards, commissions and authorities for the convention/visitor s bureau. He explained how there is one vacancy for an unexpired term. Whereupon, Mr. Erb made a motion to appoint Mr. Larry Crouser to the

17 Regular Meeting 17 June 8, 2010 Convention Visitors Bureau for the unexpired term and Mr. Kucherer seconded it. Upon a roll call vote, the motion carried unanimously. Mayor Erosenko added that fills the board. FIFTH WARD COUNCILWOMAN DIANE ALLISON Mrs. Allison congratulated the Gateway High School 2010 graduates who graduated this evening. She sent birthday wishes to her son Tyler who will turn 9 on June 11. She sent Happy Father s Day wishes to all the dads which is on June 20. Mrs. Allison reported the National ASK Day will be June 21 where parents and organizations across the country will celebrate. She explained that it stands for Asking Saves Kids (ASK) which is a practical solution and an important health campaign to protect children and teens from being killed or injured with guns. She indicated that it is a campaign that urges parents and caregivers to ask if a gun is in the home before sending a child over to play. She reported this is a national public health campaign in partnership with the American Academy of Pediatrics. She stated this year s theme is Your Child is a Precious Resource which is a reference of the level of attention that has been paid recently to the environment with your child being the most precious resource of all. She reported that over 40 percent of homes or 1.7 million children under the age of 18 live in a home that has guns unlocked and loaded. She indicated that eight children are killed and another 37 are wounded each day by guns. She stated ASK provides a practical opportunity to just ask one question that could save a life. She asserted it is the beginning of summer and she urged everyone to just ask since it is National ASK Day which provides an opportunity to bring up the conversation. Mrs. Allison wished everyone a happy Fourth of July and reported the repairs on Monroeville Boulevard have begun and they should be completed by the end of the week pending the weather conditions. SEVENTH WARD COUNCILMAN CLARENCE RAMSEY Mr. Ramsey commended the members of the Garden City Swim Club for doing such a good job and working hard at it to keep it going. He reported they lost three people off the parade committee last year and he encouraged some young people to volunteer. MAYOR GREG EROSENKO Mayor Erosenko sent congratulations to the 2010 Gateway High School graduates. He announced that tomorrow morning he would be meeting with Chief Cole and Ms. Carrie Burns and the 82 Airborne to discuss Monroeville being the site for their reunion in He reported this would bring 1,000, 82 Airborne active duty personnel into town and their family. He felt the estimated revenue is good and he commended Ms. Burns for her good work. He indicated he would assist them in any way they needed. He

18 Regular Meeting 18 June 8, 2010 suggested this is a great opportunity for Monroeville to showcase the Convention Visitors Bureau. He also wished everyone a happy Father s Day on June 20, ADJOURNMENT There being no further business to come before council at this time, a motion was duly made by Mrs. Drumheller to adjourn the meeting at 9:55 p.m. and Mr. Ramsey seconded it. Upon a voice vote, the motion carried unanimously. Respectfully submitted, MWB/sam Marshall W. Bond Municipal Manager