BRADFORD WOODS BOROUGH COUNCIL REGULAR MEETING November 14, 2016 APPROVED

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1 BRADFORD WOODS BOROUGH COUNCIL REGULAR MEETING November 14, 2016 APPROVED The Bradford Woods Borough Council meeting was called to order at 7:07 p.m. by President Charles Coltharp. There were 12 people present in the audience. The Officials in attendance were:, Council President, Vice President, Council Member, Council Member, Council Member, Council Member, Council Member The Official(s) absent were: Janet Burkardt, Solicitor Robert Murray, Mayor Natalie Thiess, Borough Manager CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call ANNOUNCEMENT OF EXECUTIVE SESSION 1. President announced that Council will be meeting after the Regular Meeting for Executive Session. MINUTES 1. President called for a motion to approve meeting minutes from the regular Council Meeting held on October 10, made a motion to approve the meeting minutes. seconded the motion. remarked on corrections in the minutes. Motion to pass the October 10, 2016 meeting minutes as amended. Abstain: 1

2 2. President called for a motion to approve meeting minutes from the Special Budget Meeting held on October 10, made a motion to approve the meeting minutes. seconded the motion. remarked on the number in attendance at the meeting. Motion to pass the October 10, 2016 special meeting minutes as amended. Abstain: PUBLIC COMMENTS REGARDING AGENDA None MAYOR S REPORT None MANAGER S REPORT Borough Manager Natalie Thiess reported on the following: 1. Ms. Thiess reported that the Tribune Review will no longer be in print; therefore Council should appoint a designated newspaper for legal advertisements. made a motion to appoint Pittsburgh Post-Gazette as the designated newspaper for legal advertisements for the remainder of seconded the motion. 2. Ms. Thiess proposed the road construction ordinance amendment which would put the responsibility for road repair on those who have damaged the road during construction. Council discussion ensued about the proposed ordinance. questioned the parties responsible for damage and discussion ensued around either contractor or homeowner responsibility. 2

3 3. Ms. Thiess proposed the responsibility of driveway aggregate ordinance amendment. Ms. Thiess explained that it would be the homeowner s responsibility to clean up any aggregate from property that migrated to the public roadway. suggested changes to the proposed ordinance. Janet Burkhart suggested a lien on the property if homeowner does not pay for costs associated with the Borough cleaning the aggregate if the homeowner fails to do so. Council requests to see changes to both proposed ordinances before approval for advertisement. 4. Ms. Thiess presented Resolution 15 of 2016 to the Council for approval. Resolution 15 of 2016 regards the 5% police contribution to their pension. made a motion to approve Resolution 15 of 2016 establishing the 5% police contribution to their pension. seconded the motion. 5. Ms. Thiess requested Council appoint a Delegate and Alternate for the Allegheny County Boroughs Association. made a motion to appoint Natalie Thiess as Delegate and as Alternate for Allegheny County Boroughs Association. seconded the motion. 6. Ms. Thiess informed Council she received a quote from JR s Tree and Lawn Service for $1,600 for the dead tree on Lincoln Road. President Coltharp informed Council there have been 3 dead trees on Lincoln Road and this will be the last Borough dead tree on Lincoln. Ms. Hinston requested that the yellow Allegheny Land Trust placard be removed from the dead tree prior to its removal. Ms. Thiess assured that the placard will be removed and saved before tree removal. 7. Ms. Thiess discussed the situation with the Village Pond: it is a private pond, therefore not under our responsibility through the NPDES Permit (BMPs pre-2003). The Borough has to hold the Village accountable for repairing the pond that has been drawn down since it is included in the stormwater management agreement with the Borough. Ms. Thiess informed Council that it is the Department of Environmental Protection that the Village needs to work with for the completion of the pond. Joe Beck, 35 Meetinghouse Lane, introduced other HOA members present involved in the pond process (Gary Price, Donald Smith, Al Alkner) and explained to Council the situation with the pond and why they drew down the pond without a permit from DEP. commented that the Village seems to be doing everything they need to in order to complete the rehabilitation of the pond and requests the Village Homeowner s Association keep the Borough/Borough Manager informed as to what stage they are in towards completion. Mr. 3

4 Coltharp requests to see a copy of the stormwater plans during the rehabilitation phase as to ensure the proper steps are being taken with stormwater management. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) 1. Borough Manager Natalie Thiess announced the approval for the Household Hazardous Waste program renewal for SOLICITOR S REPORT None COMMITTEE REPORTS FINANCE 1. Councilmember discussed the October check register. Mr. Hipwell reviewed the largest purchases for the month which included the payment to Shield Paving for the paving of Bradford Road for $140,431, payment to Northern Regional Police for the monthly protection, as well as the $11,199 for pension, and 2016 Fire Relief Fund for $9,687. made a motion to pay and ratify 23 checks, 4 payroll wires, and 6 electronic payments for October. Seconded by. 2. Councilmember reported the October 2016 financial report with the total monthly revenue of $34,190 and monthly expense of $207,650. asked about the PADOT Winter Contract amount. Mr. Hipwell responded that it is for winter maintenance on state road Wexford Run Road. Ms. Hinston asked about the Grant proceeds and Mr. Hipwell replied that the Borough has received half the amount from the Conservation District and will receive the other half once approved. Ms. Hinston asked about the road supplies amount. replied that is from Jake completing road improvement projects, which includes the hot asphalt. Council discussed approving a large check amount before submitting payment. Mr. Coltharp mentioned that if Council approves the road contract, the check could be included in approval, but if the amount exceeds the amount approved, Council needs to approve the higher cost. 3. President called for a motion to approve the draft and to advertise for the 2017 budget for public review and comment. Vice President made the motion to approve the draft budget for advertisement, as amended in the public budget meeting, for public review and comment. Seconded by. 4

5 SAFETY 1. Councilmember reported 22 calls and 1 traffic warning for September There were 13 calls, 2 traffic citations, and 2 warnings for October Councilmember announced Chief Amman s retirement planned for November Manager Natalie Thiess reported that the Borough received the wire for the security cameras which will be installed within the next few weeks. Ms. Thiess stated that the goal is to have the cameras installed by the end of the year. FIRE 1. Fire Department Chief Vince Canella reported a total of 19 calls for 2016, 4 calls since last Council meeting, which included 2 false alarms, one carbon monoxide, and one brush fire on Wynwood Dr. in Marshall Township. 2. Mr. Canella reported that after the VFC meeting, it was decided that the Board was in agreements to allow Borough programs in the Borough leased space as long as there is a Borough representative present. Ms. Thiess said that she will approach the Fire Company if anyone approaches about a community program. ROADS 1. Vice President discussed the 2016 paving of Bradford Road. Mr. Baldonieri reported that the final cost is estimated around $70,000 under budget due to removing the west side of Bradford Road from the paving schedule due to project conflicts. Mr. Baldonieri stated the money will be transferred to 2017 paving program. 2. Mr. Baldonieri reviewed the 2016 Road Assessment document which evaluates the condition of the roads and the means to repair the roads. Mr. Baldonieri reported the completion of some of the roads on the list by Jake Turner. Council discussed the future stormwater pipe repair project under Bradford Road by the east end of Chestnut Rd. 3. Mr. Baldonieri briefly discussed the tractor purchase including attachments. PLANNING AND ZONING 1. Councilmember reported two permits as follows: A. Building permit for house construction for 532 Delmar Road, and; B. Driveway permit for 700 Woodland Road. Ms. Thiess reported that the applicant for 700 Woodland did not accurately report the square footage for pavement, therefore Ms. Thiess wrote a notice of violation signed by Zoning Officer Alfred Akner. Mr. Baldonieri clarified the 400 square foot stormwater management ordinance relating to the paving of the driveway. Ms. 5

6 Thiess said they reported 360 square feet of pavement but 976 square feet was actually paved. PERSONNEL 1. President reported the personnel reviews for G. Jake Tuner, which Ms. Thiess and were a part of, as well as Borough Manager Ms. Thiess review. Mr. Coltharp thanked Council for their input for the reviews. COMMUNICATION /OUTREACH/ NORTH HILLS COG / PUBLIC RELATIONS 1. Councilmember reported the North Hills Council of Governments October 20 th Executive Meeting where the Morton Salt Agreement was discussed, Cable Franchise Agreements, and Stormwater meetings, which Ms. Thiess said she attends. 2. Mr. Kosmala reported the meeting with Ms. Thiess, Mayor Murray, and himself a week ago to review the agenda. ENVIRONMENT 1. Councilmember distributed EPAC s meeting minutes and the final version of the tree planting plans. Ms. Hinston reported the trees that need to be removed in the Reserve, which would be taken out of the $ budget line item under Parks. Ms. Hinston requests a planting of a shade tree (hornbean or ironwood) where a tree previously was by the pond. Ms. Hinston also suggested planting low growing bushed on the property line with 160 Bradford Rd where the vegetation is thinning. Ms. Hinston suggests planting a Norway Spruce where the Spruce will be removed. Ms. Hinston reported the dead memorial tree that is being replaced. 2. Ms. Hinston announced Light Up Night on December 4 at 5:00 pm at the Reserve. Ms. Hinston announced the Bird Watching Class December 7 hosted by the Audubon Society in conjunction with the Conservancy. OLD BUSINESS 1. President discussed the current update with the Laurel Road topic. Mr. Coltharp reviewed the survey that has been completed as part of the procedure for adoption and recording of the road with Allegheny County Real Estate (Recorder of Deeds). The survey found the road off the Borough right of way and partly on the Franks property; therefore a plan of subdivision would need to be approved by the Frank s and McClintocks in order to adopt the road. Mr. Coltharp informed Council of a meeting between himself, Borough Manager, and Scott and Brenda Frank. Mr. Coltharp presented them with the prospect of purchasing their land for subdivision in order to adopt the road. The Franks formally declined the purchase of the land. Mr. Coltharp discussed the three options: one, obtaining the land through eminent domain, yet that would leave the Franks with.71 acres, which would leave the property well below the 1 acre ordinance and create a difficulty if there were any future additions to the house due to the set back requirements, and secondly, all the properties already have access to a public road, including McClintocks who have a driveway to the established Laurel Road. The second option is to move the road into the right of way, which the Borough would have to bear the expense of creating a new road. Ms. Thiess interjected and stated that there is an official process within the State Borough Code to create a new road in the right of way, including all residents affected would have to agree to the new road construction. Mr. Coltharp reviewed the third option, which would revert back to a private road. Councilmember asked how much has been spent on engineering for this issue. Ms. Thiess is not definite on the total, but guesses around $4,000 for the survey and staking. Councilmember asked about how much was spent on legal fees. Ms. Thiess is not definite on the total since it has been a year of legal fees around this issue, beyond the time she was employed with the Borough. Vice President David 6

7 Baldonieri stated agreements with Mr. Coltharp s assessment pertaining to eminent domain and discussed the extensive cost associated with cutting a road in through the right of way and how that may cause other issues. Mr. Baldonieri concluded that the first two options as impractical, the road should be reverted to a private drive. Mr. Baldonieri briefly reviewed the past year of discussion around this issue and the lack of legal documentation around the adoption of the road, yet the Council s decision to adopt the road was around implication, not legal documentation. After the survey was created, it causes a legal conflict to adopt the road that goes through private property. Ray McClintock, 5 Laurel Road, stated he had not reviewed the survey with the Borough and Mr. Baldonieri informed Mr. McClintock he would have the chance to sit and review the survey. Mr. McClintock asks if there are other roads that fall outside of the right of way. Mr. Baldonieri explained that there could be other roads that very minimally fall outside of the right of way, but it is not as extensive as the case with the drive in question. Mr. Baldonieri gave the example of a section on Oak Rd where the Borough was granted an agreement with the landowners to take a small portion of land so the section could fall within the altered right of way. Discussion ensued with Council and Mr. McClintock pertaining Ordinance 445. Scott Frank, 825 Oak Road, asked if there could be a clear line defining the lines between the top of the hill and bottom of the hill. Ms. Thiess agreed to work with Jake to define the lines. Councilmember asked if Mr. McClintock got a new survey and Mr. McClintock answered that he has his survey from Discussion ensued about surveys. made a motion to revert the section of Laurel Rd in question to a private drive. seconded the motion. The motion was tabled by for the purpose of meeting with Ray McClintock about the survey. seconded the motion to table. NEW BUSINESS None ACKNOWLEDGEMENTS 1. Councilmember acknowledges and appreciates on behalf of the Borough: a. Bradford Woods Volunteer Fire Department for hosting the annual Halloween Parade and Party on Friday October 28. The parade started with a fire engine escort from the Bradford Woods Community Church to the Fire Hall where children participated in a costume contest and was given treats and refreshments. b. Art Krasson (180 Bradford Rd), Diana Greenberg (603 Edgewood Rd), and Vicki Wiegand (18 Commons Dr) for planting over 100 daffodil bulbs throughout the community. Locations of planting include Lincoln Rd near the school, around the pillars of the Bradford Woods entrance, and around the community bulletin boards. The Borough and community appreciates the time and talents in making Bradford Woods a beautiful place for all residents. ADJOURN Motion was made by to go into Executive Session, seconded by. The public meeting adjourned at 8:48 p.m. The Executive Session adjourned at 9:19 p.m. from a motion by, seconded by Todd Hipwell. made a motion to adjourn regular council meeting, seconded by Victoria Pongrace. Respectfully submitted, 7

8 Natalie Thiess, Manager Date 8