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By nick
#385933
A regular meeting of the Parkside Borough Council was held in the Borough Council Chambers located at 22 E. Elbon Road, Parkside, PA on the above date. The meeting was called to order at 7:00 p.m. by Council President Shirley Purcival. Following the Pledge of Allegiance the roll was called with the following in attendance:
Messrs: Gordon Purcival Engineer Catania
File-Barlow Kilgallen Solicitor Wills
Howell , B. Stamis Treasurer Possenti
Bull Chief Egan Secretary Higgins
Howell, V.

Mr. Howell made a motion, seconded by Ms. File-Barlow, to accept the Minutes of the 5/23/12 Council Meeting, as submitted; motion carried.

Mr. Howell made a motion, seconded by Ms. File-Barlow, adopting Resolution No. 1697 commending Officer Robert Cleary for his excellent record of dedicated service and accomplishments on behalf of the employees, citizens and community of Parkside Borough; motion carried.

At this time Chief Egan did present Officer Cleary with a framed, certified copy of Resolution No. 1697. Chief Egan did read another letter received from a Borough resident commending and thanking Officer Cleary for his excellence in handling a police call to their home.

Chief Egan then presented a “Letter of Commendation” to Officer Louis Scaperotto for his outstanding police work in assisting the Borough of Brookhaven in the apprehension of a bank robber at the Citizens Bank on Edgmont Avenue.

Chief Egan then presented a “Letter of Commendation” to Officer Ben Ash for his outstanding police work in assisting the Borough of Brookhaven in the apprehension of a bank robber at the Citizens Bank on Edgmont Avenue.

Correspondence Report: (Linda Higgins)
The following funds were received during the month (May 2012):
1) License & Inspections $ 2,419.00
2) Court Financial Services – restitution 29.60
3) Police – 2 cages from old vehicle (Municibid) 424.00
4) Police – payroll overpay 571.35
5) Recorder of Deeds 2,775.85
6) PENNDOT – 2012 Liquid Fuels 39,009.24
7) Deposit – Zoning Hearing (8 W. Garrison) 500.00
8) Comcast – Franchise Fee 7,116.58
9) Verizon – Franchise Fee 2,576.37



Tax Collection
Tax Collector – Olivia Avila-Deitman 9,469.98
Central Tax Bureau 22,870.11
Tax Claim Bureau 14,417.08

Regional Court
District Court 1,010.37

Total income for May 2012 = $ 103,189.53

The Secretary read a letter addressed to Borough Council from Junior Councilperson Victoria Howell. In the letter Ms. Howell thanked Council for allowing her to serve the Borough in the capacity of Junior Councilperson for the past two years. She did express her resignation, effective immediately. Council did accept her resignation, with regret, and thanked her for the dedication she afforded the Community during her position as Junior Councilperson.

President Purcival did indicate that the position is now open and anyone wishing to volunteer for the Junior Councilperson position must submit a letter of intent to the Borough office.

The Secretary read a letter addressed to Chief Egan from Chief Eller of Brookhaven Police Department. Chief Eller did commend the efforts of Parkside Police Officer David Barbone in his attempts to resuscitate a 7 year old drowning victim at Camelot Court Apartments in Brookhaven.

A letter to the Borough from John E. Pickett, Director of the OHCD for Delaware County, was read. The letter informed the Borough that their application for 2012 CDBG funds was not selected.

Another letter was received from John E. Pickett congratulating the Borough on the completion of the CDBG Project #3631A – Woodlot Park Improvements – Phase II.

The Secretary then discussed the estimate for a new heater to replace the old heater (from 1988) located in the police department that has been malfunctioning.

Mr. Howell called the Contractor that submitted the estimate (M.G.B. Plumbing) and discussed the estimate. Mr. Blake then informed Mr. Howell that he would give the Borough a 10% discount (off of the estimated price).

Mr. Howell made a motion, seconded by Mr. Bull, to accept the estimate prepared by M.G.B. Plumbing (Matt Blake), minus 10%, making the estimate total $3,600.; motion carried.



Mayor’s Report: (Ardele Gordon)

Total calls for the month (May 2012) = 156. Leading categories: assist other police agencies – 46; domestic disturbances – 7; fights – 6. Total traffic violations = 70. Leading categories: red traffic signals – 18; obedience to traffic control devices – 12; speeding in a school zone – 7. Offenses reported: criminal mischief – 3; burglary -3; theft – 2. Arrest: drug violations – 2; disorderly conduct – 2. Total non-traffic offenses = 3: dog ordinance violations – 1; underage drinking – 2.

Officers Ash, Paul, Price and Chief Egan completed the mandatory yearly recertification.

President’s Report: (Shirley Purcival)

President Purcival did report that the FOP negotiations are still on-going.

President Purcival commended Dave Favinger for his diligence on keeping up with properties within the Borough that have maintenance violations. President Purcival did inform Council that the Borough’s Deputy Fire Marshal, Joe Nerelli, has recently contacted her and offered his services to assist Mr. Favinger in his efforts.
Mr. Nerelli’s position is a volunteer position.

It was noted that those solicitors wishing to go door-to-door within the Borough must first apply for a solicitor’s permit from the Borough Secretary. If someone comes soliciting at your door, ask for a permit and if they do not have one, call 911.

President Purcival asked Mr. Stamis why the Borough Website is so outdated. Mr. Stamis indicated it is not outdated. He was asked to post the information on the Website regarding a permit being required to do any solicitation in the Borough.

Ms. Catania suggested the Borough try and obtain pictures of the property (Blizzard) at 238 West Chelton Road that floods during rain storms so that she can apply for grant funds to repair the problem.

President Purcival thanked Victoria Howell for her years of dedication and service to Parkside Borough in the capacity of Junior Councilperson. Mr. Stamis was asked to advertise on the Borough website that the position is now open to any Parkside Borough Youth entering the 11th grade in September. Anyone interested must submit a letter of interest to the Borough Secretary.

Public Safety Report: (Dave Favinger) Progress





Police Report: (Frank McCollum)

In Vice President McCollum’s absence, general maintenance to all police vehicles was reported.

President Purcival again thanked Chief Egan for his efforts in applying for and receiving a Grant to purchase a new police vehicle.

It was reported that the new vehicle has been received and is in service. The graphics will be applied to the vehicle as soon as we obtain them.

Public Works/Buildings & Grounds Report: (Jim Kilgallen)

Mr. Kilgallen reported that the status of the new Borough truck is that it is still being built in accordance with Borough specification. No delivery date is know yet.

Mr. Kilgallen reported that the maintenance crew has maintained cleaning and general maintenance of the Borough building throughout the month. They are continuing to cut grass and clean up of trash and branches throughout the Borough streets. Potting soil is being put in the planters at the Woodlot and flowers will be planted before the 4th of July. Grass cutting and clean up of fallen trees and branches is also on-going in the Woodlot area. Graffiti is being cleaned from light posts and benches in the Woodlot.

Mr. Kilgallen thanked the maintenance crew for their diligence in keeping the Borough clean and hazard free.

Mr. Bull asked Mr. Kilgallen if he could have the Borough maintenance workers cut down a hazardous dead tree in the Woodlot. Ms. Catania does not feel the Borough workers have the tools necessary to remove the tree. Ms. Catania will look into funding from the existing grants to remove that tree.

President Purcival did ask Mr. Possenti to look and see if there is money available in the budget to have the tree removed.

Ordinance Report: (Doug Bull)

Mr. Bull made a motion, seconded by Ms. File-Barlow, to adopt Ordinance No. 504 setting Floodplain construction requirements; motion carried.

Mr. Bull made a motion, seconded by Mr. Kilgallen, to adopt Ordinance No. 505 Enacting Blight Control; motion carried.

Ms. Catania is in the process of preparing bid specs for a new trash contract.


Ms. Catania suggested the trash and recycling contracts be separate so the Borough can be paid for tonnage of recycling.

Finance Report: (Bill Howell)

Mr. Howell made a motion, seconded by Mr. Kilgallen, to accept the Treasurer’s Report, as submitted; motion carried.

Mr. Howell made a motion, seconded by Mr. Kilgallen, to pay the bills when properly approved; motion carried.

Mr. Howell again commended Chief Egan on keeping the overtime down in his Department.

Mr. Howell reported that he is on the Zoning Committee and has just received the 2nd Draft of the document for review. After review from the Zoning Committee, the 2nd Draft will be available for public review and comment.

Recreation Report: (Jackie File-Barlow)

Ms. File-Barlow reported she is making preparations for the 4th of July Parade and celebration. She would like all volunteers to be at the Borough Hall around 11:00 a.m. The parade begins at noon.

Communication/Energy Conservation Report: (Jason Stamis)

Mr. Stamis reported that the current phone system in the Borough building is contracted. He will check into the system later in the year to explore other options.

Jr. Councilperson Report: (Victoria Howell)

Ms. Howell did thank all of Council for everything she has learned during her two year term. Council in-turn, thanked Ms. Howell for her commitment and dedication to the Community.

Tax Collector Report: (Olivia Avila-Deitman)

A total of $61,369.61 was collected in May ending the “Face” phase of the taxes. We are now in “Penalty” until the end of the year. So far this year the total collected is
$702,891.06. There are 73 outstanding properties that would account for an additional $74,395.51.







Engineer Report: (Lisa Catania)

Ms. Catania reported that the 2012 Road Program bids were opened. She did indicate the paving of E. Avon Road (or our ½ of the road) is estimated at $47,000. There is a possibility the entire street does not get repaved; it may just be by block.
Ms. Catania recommended the bid be awarded to the low bidder, A.F. Damon for a base bid of $18,250.00.

Mr. Howell made a motion, seconded by Ms. File-Barlow, to award the 2012 Road Program bid to A. F. Damon in a base bid amount of $18,250.00; motion carried.

Ms. Catania reported that Spectra Energy/Texas Eastern contacted her recently to express they would like to begin the pipeline project on August 1, 2012. Ms. Catania did remind Council that an access/easement agreement needs to be entered into prior to the start of the job. Mr. Sehl is asking for permission to use access-way for light-weight trucks. Their representatives will attend the July 2012 Council Meeting for an agreement. Ms. Catania indicated that when she receives the information from Mr. Sehl she will forward it to Council for their review prior to the meeting.

The Woodlot punch list items will be completed in the near future. This will not include replacement of trees, which will take place in the fall. Ms. Catania will contact DCNR for a final inspection of the project.

Ms. Catania did attend a meeting regarding Act 167, storm water, which must be enacted by September 2012. The MS4 permit must be renewed by September. The Stormwater Consortium is looking for Municipalities to join in and share costs with other Municipalities.

Solicitor Report: (Jay Wills)

Mr. Wills reported that he received information that there were aggressive solicitors in town. He noted that an ordinance banning this action can not be adopted prohibiting door-to-door solicitation. The Borough does already have an ordinance requiring all solicitors to register and obtain a permit from the Borough office.

Mr. Wills did wish Ms. Victoria Howell the very best and indicated she brightened Borough Council.

Unfinished Business: None





CALL TO CITIZENS:

Mike Cole of 8 West Roland Road did inform Council he is having a problem with the neighboring property at address 2800-2802 Edgmont Avenue. The backyard of 2800 Edgmont Avenue is overgrown and has debris (tires and rats) that are intruding onto Mr. Cole’s property. President Purcival asked the solicitor to write a letter to the homeowner indicating we will cut the grass and clean the yard and lien the property if he does not take care of it in the immediate future. She also requested the Borough Secretary to instruct Mr. Favinger to issue citations, daily, to this property for the violations. Mr. Cole did inform Council that the violation affects both his property at 8 and the neighbor’s property at 6 W. Roland Road.

Mr. Cole commented that Officer Cleary is an outstanding officer and has always dealt with issues on a very professional level.

New Business:

The Secretary informed Council that a Zoning Hearing took place on 6/6/12 for a variance request for 8 West Garrison Road. The request was GRANTED by the Zoning Hearing Board.

There being no further business, Mr. Howell made a motion, seconded by Mr. Stamis that the meeting adjourn; motion carried. The meeting adjourned at 8:20 p.m.


PARKSIDE BOROUGH COUNCIL: By: ___________________________
Shirley Purcival, President

Attest: __________________________
Linda E. Higgins, Secretary
#393940
Is this constitutional???

I'm not entirely sure, but I thought I might float the question.

CALL TO CITIZENS:

Mike Cole of 8 West Roland Road did inform Council he is having a problem with the neighboring property at address 2800-2802 Edgmont Avenue. The backyard of 2800 Edgmont Avenue is overgrown and has debris (tires and rats) that are intruding onto Mr. Cole’s property. President Purcival asked the solicitor to write a letter to the homeowner indicating we will cut the grass and clean the yard and lien the property if he does not take care of it in the immediate future. She also requested the Borough Secretary to instruct Mr. Favinger to issue citations, daily, to this property for the violations. Mr. Cole did inform Council that the violation affects both his property at 8 and the neighbor’s property at 6 W. Roland Road.
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The Fifth Amendment in the U.S. Constitution includes the double jeopardy clause, which prohibits the government from prosecuting a person more than once and forcing more than one penalty for a single offense. According to FindLaw, the clause states "no person shall... be subject to the same offence to be twice put in jeopardy of life or limb."
http://philadelphiacriminallawnews.com/ ... pardy.html
#394489
CALL TO CITIZENS:

Mike Cole of 8 West Roland Road did inform Council he is having a problem with the neighboring property at address 2800-2802 Edgmont Avenue. The backyard of 2800 Edgmont Avenue is overgrown and has debris (tires and rats) that are intruding onto Mr. Cole’s property. President Purcival asked the solicitor to write a letter to the homeowner indicating we will cut the grass and clean the yard and lien the property if he does not take care of it in the immediate future. She also requested the Borough Secretary to instruct Mr. Favinger to issue citations, daily, to this property for the violations. Mr. Cole did inform Council that the violation affects both his property at 8 and the neighbor’s property at 6 W. Roland Road.
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This is local government forcing a person to purchase landscaping services! Possibly a violation of the US Constitutional Commerce Clause.
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Doug Mataconis yesterday analyzed at some length the new limits on the Commerce Power embedded in yesterday’s ruling on ObamaCare. While the majority upheld the individual mandate as a tax, the ruled that Congress did not have the authority to force people to buy private products under the Commerce Clause. Because, you know, broccoli.
http://www.outsidethebeltway.com/how-mu ... ce-clause/
#394754
CALL TO CITIZENS:

Mike Cole of 8 West Roland Road did inform Council he is having a problem with the neighboring property at address 2800-2802 Edgmont Avenue. The backyard of 2800 Edgmont Avenue is overgrown and has debris (tires and rats) that are intruding onto Mr. Cole’s property. President Purcival asked the solicitor to write a letter to the homeowner indicating we will cut the grass and clean the yard and lien the property if he does not take care of it in the immediate future. She also requested the Borough Secretary to instruct Mr. Favinger to issue citations, daily, to this property for the violations. Mr. Cole did inform Council that the violation affects both his property at 8 and the neighbor’s property at 6 W. Roland Road.

This is what the Obama Administration would do!

I got a better idea!

Instead of stepping in with heavy handed, gestapo police action. Instead of violating the constitutional rights of citizens. Provide a nice property tax, discount, incentive for beautiful, well maintained, properties. People who DO NOT keep their properties well maintained; DO NOT get a tax discount.

Before you know it; property owners will be going out of their way to fix up their properties for the tax savings. The result will be a better looking town overall, and higher property values long term. Higher property value means higher property tax revenue down the road. Well maintained properties sell for more than poorly maintained properties.

All of us would have more money to invest in property maintenance if we were not getting killed in property taxes.

Always look to conservatism for the answer! Old conservative principle "Discourage an activity by taxing it. Encourage an activity by LOWERING taxes on it."