This Meeting was recorded for Accuracy

Meeting was opened by Lou McLaughlin, President  at 7 PM.

Present:  Solicitor Michael Smith, Keith St.Clair. Clark Baird- Mayor, Dan Short, JR, Sue Bartow, and Lou McLaughlin

Absent:  Gladine McMaster

Public Attendance:  Dave Peightal - FAVOR, Amber Bealonis, Arabella  Bealonis, Mellissa Miller

Old Business:

Approval of July minutes

Sue said on page 2 of the minutes that she believes she did not make the comment that the concerned citizens will not go into K & K and that they will not do business with her anymore. 

Pat said that was your voice on the tape recorder.  Sue said it was Gladine and not her. 

Lou spoke up and said it was you also who commented on the concerned citizens not doing business anymore with K & K.  He heard it on the tape.  He also said that Gladine said there were four or more people who said this. 

Lou said he wants to comment before we go any further on this subject.  "What private individuals say in the streets of Bolivar does not represent the way the council feels.  People are entitled to their own opinion.  "  That's all I want to say about that. 

Lou then commented that we made about $300 on clean up days and the dumpster was costing $500

Pat said we still haven't gotten the bill for the dumpster yet but that is the cost every year. 

Clark mentioned it is more of the community giving back than making money. 

Lou said some of the people in town think we are making a lot of money by doing this.  I just want to bring this up that we make absolutely no money on this event. 

After review by council motion made by Dan Short, 2nd by Keith to approve.  All in favor, motion passed.

Approval of Treasurer Report

Sue asked about the surety bond for the street project.  Pat said we must maintain the bond for 3 years after completion. It was for the boring under SR259 to put the storm drain in across the road.  State requirement by PENNDOT incase anything happens to the roadway then the state can go back on the contractor to fix. 

Lou said someone told him the road was starting to cave in but it was on our road and not the state road. 

Clark asked about Smith Printing 50 books for $1612.00  Pat said that was for parks.  We had 50 more books from our anniversary in 2013 and 50 people prepaid to have a book made.

Lou said, if anyone was wondering about the new blade and sharpener, it  was because our other one was shot and now the workers can sharpen their own blades.

Sue asked about Parrish Concrete.  Wanted to know if they were the ones who did the basketball court.  Pat said no, that was Wagner's Concrete.  They screwed up when putting the bricks down around the court and now it is costing parks $6,000 to fix the mess.  They have to tear out the bricks that are up there and redo and put back in correct way.  Sue asked if they have to redo the basketball court too.  Pat said no, that was done correctly. 

Motion made by Keith, 2nd by Dan Short to approve.  All in favor motion passed.

Solicitor Report

Michael  said he did write a letter as asked but did not send it.  He would like council to review before he sends.  As I said in the solicitor report, I wanted to talk a little more about it   I did look into more of the UCC regulations as I was writing the letter.

According to the Dept of Labor and Industry, Bolivar opted out of doing its own enforcement of the Uniform Construction Code.  This means that we have no ability to compel anyone to provide us with documents proving their compliance with the UCC.  Rather, our duty is simply to notify potential applicants that they are required to obtain permits from the Dept of Labor and Industry, and to inform the Dept of Labor and Industry if we believe someone should be applying for a permit.   

The UCC requires that building owners complete (1) foundation inspection, (2) plumbing, mechanical, and electrical inspection, (3) frame and masonry inspection, (4) wallboard inspection, and (5) final inspection.  The final inspection shall not be deemed approved until all previous inspections have been successfully completed and passed. (35 P.S. §7210.501 )e) (1).

If businesses and individuals would like to voluntarily provide us with permits and similar information, they are free to do so.  However, we are unable to compel this absent an ordinance giving the council authority to do so.

Any individual person is free to reach out to the Dept of Labor and Industry with concerns regarding permits.

As to any of the items that was asked in the original letter, council does not have the right to request them. Therefore does council want me to go over my draft letter in an executive session or do you want me to email you all and then discuss? 

Lou said he does not see the point.  Lou said if someone in the community wants to do it they can do it and that would relieve council from a potential law suit. 

Sue said that is not what the Dept of labor said.  Lou asked Sue who it was so he can call that person.  Sue could not give us his name nor could she find his phone number. 

Lou told Michael just to table it

Public Comment

Amber Bealonis said she lives right beside the church and wanted to clarify what she said as to why she put up a fence between her property and the church.  I did talk to Clark about it and it wasn't just out of concern for my kids but I did not want them to accidently find any possible needles or other items falling out of pockets or being left on the ground.  I spent $6,000 for the fence and it was mainly for drug paraphernalia or anything else that could possibly happen.  I work in a prison setting  and am aware of what could possibly happen even if it is an accident.  I've lived here for 7 years and shared that yard with the church . My kids have played in the church yard and as a precaution I did put the fence up.  I already had a fence but had it redone to fence in my entire property for that reason. 

Also I want to comment that we have seen people across the street at the drug store.  Were they with FAVOR or not.  Amber said she cannot prove they were.  Her daughter and friend saw it.  I also saw the drug paraphernalia in their back pack .  That is very close to home for me so with the recent events this is why I put the fence up. 

Dave from FAVOR was commenting on the comment on page 2 of the minutes where Sue commented that now FAVOR is handing out fentanyl strips so they can test the drugs before taking it to make sure there is nothing else in the drug. 

Those are passed out with Westmoreland County drug and rehab guidance.

Dave asked if the minutes are public records once they are approved by council?  The comment by Sue was yes.  Dave then said he had to read a statement from FAVOR's attorney. 

Statement reads:  Any and all comments, questions, and concerns need to be sent through certified or registered mail on official borough letterhead moving forward to:  FAVOR International, C/O  Dave  Peightal,  PO Box 373, 736 Lincoln ST, Bolivar PA 15923 Lou said OK.

Dave also asked if the borough reached out to "Good Will" for general clean up days.?  They will take anything.  You can speak to PJ or Bobbie.  They will take all furniture also. 

Old Business:

Pole Saw Cost Results:

Table to next month..   Keith and I dropped the ball on this one.

Janet Hall Letter

Pat said on July 18 a certified letter with return receipt was sent to her with the address from the Post office.  To this date, I have not received the return receipt back stating that she has received it.  The letter did list the items that pertained to the Ordinance  and a copy of the Ordinance was also enclosed with the letter.  We can only clean up the garage portion that has fallen in because of the safety hazard and possible infestation of animals.  We cannot tear the house down nor touch anything on the house.  The ordinance does not give us the authority to do that. 

Sue said she understands that .  Is it 10 days from the date of the letter?   Sue said that would make it the 28th.  Sue said she does know there was a forward notice put in from Bolivar to Ligonier and she did receive the letter.  Who knows where the green card is.  Lou asked if we got the green card. Pat said no. Then Lou said "then we cannot say she got the letter"  That is just hearsay.  Sue wants to know if we can start proceedings before the next meeting. 

Sue said if Pat gets the card in the mail tomorrow, the letter says she is to contact Pat to let her know what she is doing.   We can then start to clean it up.  So are we going to wait until next month's meeting or when Pat get the letter?  I have a phone number for her. 

Michael said if the post office cannot find someone  and they cannot forward to them what happens then? Pat and Lou both said it gets returned back to us after 30 days. 

Sue said she knows they got the letter.  Lou asked how she knew.  Sue said her daughter said they got it. 

Did she give us that in writing?  Sue said no.  Lou said then OK that is just hearsay.  Sue said so what is the next step.  Pat said that if and when the borough steps in then we have to keep accurate records on how long it takes for the workers to clean up the area, what equipment is used, including gas, and then all has to be totaled and a letter from the Borough requesting a lien be placed against the property.  The cost to file a Municipal lien is $76 plus lawyer fees. 

Pat said when she gets the green card back from her or the Post office saying the letter was never picked up, then I will let Lou know.  He is council president and street commissioner. It is his decision as when and what steps to take next. 

Lou asked Sue if she had her phone number.  Sue said she gave it to Clark.  Clark said it is in his phone which is in the car and he is not going out to get it. 

Clark mentioned about junk cars in peoples yards.  They also attracts animals.  Are we going to make them remove the cars also?  Sue commented we do have a junk ordinance too. 

Clark said the vehicles are on their property.  Sue said it doesn’t matter. Jeffery said you can have either one or two. 

Lou's concern is the building falling down and someone getting hurt. He not worried as much about a couple junk cars in people's property.

Clark said he can see a lawsuit coming up.  He told Sue he knows why she wants the property?  You just want it to tear it down.  Sue said she doesn't want the property.  Sue said she wishes someone would buy it.  Clark said you commented last month you wanted to buy the property to tear it down. 

Sue said if someone comes through town and the property ends up catching fire what do you think is going to happen to the property next door.  There is people living under the bridge right now and it's an open invitation.  Who's to say that kid has been walking up past there.  Its open invitation for someone to go in there and start a fire. There is not a no trespassing sign there.  Clark said Janet told him she has no trespassing signs in the back and front yards.  Sue said Stephanie told her the signs fell down not tore down. 

Lou stepped in and said that kid lives in Fairfield TWP and not Bolivar Borough. 

Clark said he has every right to talk at these meetings not only as the Mayor but as a tax payer also. 

Lou said that is true, and Clark said he is not going to shut up. Lou said he just wants him to keep the language decent because of a child in the building. 

Lou asked council what they want to do.  Sue said clean it up.  We will get our money back.  Pat said if it gets sold as a judicial sale then we get nothing back. 

Pat said we lost over $4,000 on the property next to K & K when it got sold from a Judicial sale. 

Lou said he will try to call her on Monday.  If she doesn't respond then we will go from there. 

Keith said if worse come to worse we will wait to next month  meeting.

Letter of Support from Local Share Grant.

Pat said she received a letter of support from Rep Rossi office but has not received one yet from Senator Ward office.   The Local Share Grant is supposed to be on Sept agenda. 

We did not get anything on the 2024 CDBG from the county.

We did get the paperwork for the 2025 CDBG which is due Sept 30. 

Lou said to ask Keith to come to meeting in Sept.   Normally we would have heard from the county in June whether we got the 2024 CDBG project.    He normally charges $2500 to do the filing for a CDBG.

Sue asked if the CDBG was for the final stage of 5th street.  Pat said Keith would just need to redo the costs and re-file for the 2025 CDBG.

Truck usage for Brickfest

Pat asking for the truck usage for Friday night and Saturday to transport the saw horses and barrels to block of the streets and to take down afterwards.  Also for gas usage for brickfest.    Keith motions to let parks use it and also for the gas usage, 2nd by Lou.  all in favor motion passed.   Clark asked if anyone can drive the vehicle.  Pat said Keith, Gladine, Lou, Myers, Ron, can drive the vehicle.  They are all on policy.  Pat said she did ask Keith if he could do it if Ron was not able to, and Keith agreed to drive the truck. 

Broad Band Equity & Deployment Program meeting 9:30 Am to 10:30 AM on Aug 8th.

Pat gave everyone a copy of the letter that was sent to her.  Pat is asking all council to participate in this meeting. Bolivar is a priority location for this investment due to the large number of underserved and un-served location in their footprint map.  Pat feels that she should not be the only person involved with this project.  Council should also be involved.  Everyone has the pass code to either call in from home or use the computer sign in code for this event. 

Keith said he will try to log in.  He will try but cannot guarantee it.  Sue wanted to know if I was going to be here?  Pat said there are many times that I get here either earlier or stay later if it is important. 

Any other business?

 Sue said it is a great thing that parks does up there at the park but due to the weather there is some properties  around the area that when we are having  this event it would be nice for the grass to be cut. 

Lou wanted to know what Sue meant.  Pat asked if she was volunteering to go cut the grass?  She said NO, it is someone on this board here.    Keith said that would be me.  He will have it done before Brickfest. 

Mayor Report

Clark said the only thing he has is the Stumble INN was sold and the property is being cleaned up and looks pretty good now. 

Sue asked Lou if we are going to address the bushes/ hedges at Connie Gamble residence. 

We got complaints about the bushes sticking  out over the sidewalk.  When people walk by the are hitting the hedges. 

Clark asked why we had to send a letter?  Why don't you just go talk to them.   There is a person name and number to call.  Lou said he will call that number to see if he can get hold of them. 

Sue said it is a violation of the code.  Mr. Clark is the code enforcement officer. 

Sewage Report

Lou ask about a sewage report. He asked if the sewage was going down.  Sue comment" Every time you flush" .  Rates are still the same. Meeting next week.

Street Commissioner Report:

Lou said workers are painting the curbs.  We had some complaints that they are blowing dust around.  Lou said when blowing the streets to paint It will create a little dust.  Sue comment was then they need to clean it up themselves.

We haven't used the zero turn much, the weather has been too dry. 

Was told about a wire being down by Boone's place, the garbage truck driver told Boone about it.  He is worried about ripping it down.  Not sure if a Verizon or Comcast wire.  Lou to check on it on Monday. 

Keith said he would ask Verizon to drive by and look at it. 

Lou said he doesn’t know if it is the Beer guy that knocked the Washington St sign  down again but he is going to talk to Pam about it.  The guys had to fix the sign again.

Clark asked about the shrubs at the lower park.  When are the workers going to cut them out.  Lou said when the weather  changes.  Both guys are allergic to the bees. 

Parks & Rec

 Mellissa said biggest event of the year coming up next Saturday. Would like to see council attend.  We did hear from Erie Insurance and we were denied for the 2nd year in a row.  We will try again next year. 

Storage unit.  Over the past several years we have had to purchase tables, tents, and other items and would like to purchase a storage building from Lowes to store all the stuff in rather than using the concession stand.  It would be cheaper for us to go thru Lowes than on our own.  Parks will pay for the unit. No cost to the Borough. 

Keith asked how big of a building do you want.  Sue wanted to know if it would be cheaper to go thru the military at 15%.  Mellissa said you don't get 15%.  Sue said would it be better to get a wooden unit from the Amish.  We don't want to get a wooden one again.  We have bee's constantly in the current shed and it also is not large enough. 

Keith motion for parks to use the Lowes account, 2nd by Sue to purchase storage shed for parks.  All in favor motion passed.

Nothing else to report.   Keith motioned to adjourn at 7:50 PM 2nd by Dan, all in favor motion passed.     

Respectfully,

Patricia Betts

Secretary/Treasurer