REGULAR MEETING WASHINGTON CITY COUNCIL – Thursday, September, 12 2013.
A regular meeting of Washington City Council was held Thursday, September 12, 2013, at 7PM in Council Chambers, 55 West Maiden Street, Washington, Pennsylvania.
ROLL CALL: Councilman Kenneth Westcott — Present
Councilman Joseph Manning — Absent
Councilman Terry Faust — Present
Councilman Matthew Staniszewski — Present
Mayor Brenda Davis — Present
SOLICITOR: John F. Cambest, Esquire — Present
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE TO THE FLAG
An Executive Session was held prior to this meeting to discuss personnel.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve the minutes of the August 8, 2013 regular meeting of Washington City Council.
Mayor Davis then opened the public participation portion of the meeting. Those signed in to speak were as follows:
• Chief Linn Brookman gave the August monthly report as follows: there were 144 total calls for the Washington Fire Department. Code Enforcement Department mailed out 119 violation notices. Revenue brought in from fines was $500.00 with another $575.00 brought in from zoning, planning, plumbing and appeals. Street Opening permits brought in revenue of $5,550. Total (after expenses) is $4,811.10 for the month. Building permit activity was as follows: 1 residential permit, 4 commercial permits, 2 dumpster permits, and 3 sign permits. Total permits year to date is 145, total fees collected was $548.00 with total fees year to date being $17,727.55 ~ this is down from last year because there have been no big projects. However, Washington Hospital will be doing some work with a nice size building permit up and coming.
• Chief Chris Luppino gave the Washington City Police report for August. There were 972 calls of service, 9,207 miles traveled, 121 Traffic citations, 54 non-traffic citations, with 64 criminal arrests. Income taken in was: $525.00 for accident reports, $70.00 for incident reports, fingerprinting $30.00 and vehicle release forms $500. Total money collected was $1,125.
• Sarah Boyce, Widmer Engineering, said she was requested by Councilman Staniszewski to speak about the 50 Campbell Avenue property ~ to review the CCTV project. Widmer Engineering was informed 2 years ago that there was a project that was bid on but with no bidders at that time. Widmer has not been involved in this project with the last 2 years because they have not been the engineers for the City. The project is now up again due to problems of drainage on that property. The purpose of the CCTV (Closed Circuit Televising) project is to determine the existing alignment underneath the house and then to determine the correct course of action to remedy the storm water problem at the property.
• Betty Rizor presented pictures of her property (located on Summerlea Avenue) that she said is deteriorating from a line that runs at the edge of her property – not actually on her property. She said that she does not permit anyone on her property because of the run-off of this water. She said she is afraid that a youth will drown. Betty said that she is a good resident, a good citizen who pays her taxes on time. She has asked for a resolution of this on-going problem. She said that at times she is very angry at City Council.
COMMENT: Councilman Staniszewski asked Sarah to address Mrs. Rizor’s concerns.
Sarah Boyce stated that the Summerlea Avenue inlet project came back on to Widmer in June. Meetings were held with Councilman Staniszewski to review these storm sewer concerns. This area is slated to be addressed/reviewed this Fall. This project was previously designed by the prior engineers and was stalled due to cost factors. This project, going forward, will help reduce the erosion and improve Mrs. Rizor’s property. It will be an economical solution.
There being no further public participation, Mayor Davis closed this portion of the meeting.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve to amend Budget to add line item 85.00/400-300 (LSA Fund General Government Professional Services).
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve to transfer $888.54 FROM 85.00/100-000 (LSA Funds) TO 66.00/100-000 (Catfish Creek Project Fund).
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve to transfer $2,000.00 FROM 01.16/433-128 (Electrical/Safety – Salary/Recreation/Maint. Employee) TO 01.16/433-216 (Electrical/Safety – Signs).
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the payment to Skelly & Loy in the amount of $3,554.15 for Professional Services Catfish Creek Project CHARGE 66.00/446-310 (Catfish Creek Project Fund Professional Services)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the payment to WCSN Fire Prevention ASSN in the amount of $487.75 for City of Washington’s share for Fire Safety House. CHARGE 01.33/411-210 (Fire Protection Materials & Supplies)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the payment to PNC Bank in the amount of $551,278.64 for ACT 205 Distressed Pension Collections received from 8/1/2013 through 8/31/2013. CHARGE 79.00/483-000
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the payment to General Code in the amount of $3,998.75 for 25% of Project (Submission of Draft). CHARGE 85.00/400-300 (LSA Municipal Fund)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and
unanimously carried, to approve the payment to Piccolomini Contractors Inc. in the amount of
$22,545.00 for Invoice #1. CHARGE 66.00/446-310 (Catfish Creek Professional Fund –
Professional Fees)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the payment to Dodaro, Matta & Cambest, P.C. in the amount of $5,083.80 for services rendered from August 5, 2013 through August 30, 2013 for Invoice #13779. CHARGE 01.13/404-310 (Solicitor Professional Services)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the payment to CPS Statements.com, Inc. in the amount of $842.29 for print/process of Solid Waste reminders. CHARGE 20.00/427-325 (Solid Waste Fund — Postage)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the payment to Thomas G. McConnell, Jr. (Arbitrator – for Washington City and Teamsters Local #585) in the amount of $800.00 for cancellation fee from hearing date (November 28, 2012). CHARGE 01.13/404-314 (Legal Services & Costs)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the payment to ABM Building Solutions in the amount of $1,009.00 for customized professional maintenance. CHARGE 77.00/409-700 (Capital Improvement Fund)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the payment to Community Networks, LLC in the amount of $6,900.00 for 3 Axis Cameras – City Garage. CHARGE 96.00/407-000 (Marcellus Shale Impact Fund)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the payment to Community Networks, LLC in the amount of $7,750.00 for Routers and (1) Axis Camera – Pool. CHARGE 96.00/407-000 (Marcellus Shale Impact Fund)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the refund to Rakoczy Industries Inc. in the amount of $375.00 for Planning Commission Hearing regarding property located at 127 N. Main Street. This amount is being refunded because this hearing is not necessary. CHARGE 01.00/361-630 (Departmental Earnings/Charges For Services Zoning and Hearing Fees)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the refund to George N. Swierczek in the amount of $638.68 ~ this tax refund is for duplicate payment made for City Real Estate Tax. CHARGE 01.00/301-010 (Real Estate Taxes Current Taxes)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the refund to George N. Swierczek in the amount of $63.87 ~ this tax refund is the penalty amount paid when duplicate payment was made for City Real Estate Tax. CHARGE 01.00/301-070 (Real Estate Taxes Penalties and Interest)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the refund to Kenneth M. and Cecil P. Miller in the amount of $4,881.30 ~ this refund is for a value change on this particular parcel number. CHARGE 01.00/301-010 (Real Estate Taxes Current Taxes)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the refund to Zebbie Gipson in the amount of $43.00 ~ this refund is for Solid Waste overpayment. CHARGE 20.00/364-603 (Solid Waste/Recycling Collections-Current)
A motion was made by Councilman Staniszewski, seconded by Councilman Faust, and unanimously carried, to approve the refund to Commonwealth of Pennsylvania in the amount of $196.31 ~ this refund is for unused funds. CHARGE 99.00/400-260 (Pema-Fire Grant Account)
A motion was made by Councilman Staniszewski, seconded by Councilman Westcott, and unanimously carried, to approve the Public Works Department payment to The Lane Construction Corporation in the amount of $300.00 for pre-packaged Tack. (Invoice #1490642) CHARGE 96.00/438-000 (Marcellus Shale Impact Fund).
A motion was made by Councilman Staniszewski, seconded by Councilman Westcott, and unanimously carried, to approve the Public Works Department payment to Hanson Aggregates in the amount of $377.52 for asphalt purchase: Bob, Rural, and Moffat Avenues. (Invoice #2396060) CHARGE 96.00/438-000 (Marcellus Shale Impact Fund).
A motion was made by Councilman Staniszewski, seconded by Councilman Westcott, and unanimously carried, to approve the Public Works Department payment to Hanson Aggregates in the amount of $250.47 for asphalt purchase: Robin Alley. (Invoice #2395024) CHARGE 96.00/438-000 (Marcellus Shale Impact Fund).
A motion was made by Councilman Staniszewski, seconded by Councilman Westcott, and unanimously carried, to approve the Public Works Department payment to Hanson Aggregates in the amount of $2,960.43 for asphalt purchase: 500 Block of Duncan Avenue and Clark Avenue. (Invoice #2394021) CHARGE 96.00/438-000 (Marcellus Shale Impact Fund).
A motion was made by Councilman Staniszewski, seconded by Councilman Westcott, and unanimously carried, to approve the Public Works Department payment to Hanson Aggregates in the amount of $508.21 for asphalt purchase: Gibson Avenue. (Invoice #2392887) CHARGE 96.00/438-000 (Marcellus Shale Impact Fund).
A motion was made by Councilman Faust, for payment to Berggren & Turturice in the amount of $5,521.56 for services rendered for the City of Washington Citywide Development Corporation (CDC) from May 2013 through present. Invoice #1324. CHARGE 01.13/404-310 (Solicitor Professional Services). BEFORE THIS MOTION DIED FOR LACK OF SECOND – ANOTHER MOTION WAS MADE).
A motion was made by Councilman Staniszewski, seconded by Councilman Westcott, and carried, that the motion for payment to Berggren & Turturice in the amount of $5,521.56 for services rendered for the City of Washington Citywide Development Corporation (CDC) from May 2013 through present, Invoice #1324, be tabled.
ROLL CALL: Councilman Kenneth Westcott — Yes
Councilman Terry Faust — No
Councilman Matthew Staniszewski — Yes
Mayor Brenda Davis — Yes
A motion was made by Councilman Faust, for payment to Berggren & Turturice in the amount of $1,061.92 for services rendered for the City of Washington from August 7, 2013 through September 6, 2013. Invoice #1325. CHARGE 01.13/404-310 (Solicitor Professional Services)
but as Mayor Davis began to state that MOTION DIED FOR LACK OF SECOND when another motion was made.
A motion was made by Councilman Staniszewski, seconded by Councilman Westcott, and carried, for payment to Berggren & Turturice in the amount of $1,061.92 for services rendered for the City of Washington from August 7, 2013 through September 6, 2013, Invoice #1325, to be tabled for further review.
ROLL CALL: Councilman Kenneth Westcott — Yes
Councilman Terry Faust — No
Councilman Matthew Staniszewski — Yes
Mayor Brenda Davis — Yes
A motion was made by Councilman Westcott, seconded by Councilman Faust, and unanimously carried, to approve removal of Fire Fighter John Riley from Heart & Lung Benefits, effective August 19, 2013, and to return him to full duty.
A motion was made by Mayor Davis, seconded by Councilman Westcott, and unanimously carried, to approve Memorandum Of Understanding (MOU) to authorize The City Treasurer to open up a new bank account “Police Capital Purchase Fund”.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously
carried, to approve Frank J. Zottola Construction, Inc. to utilize a City of Washington lot located at Ridge Avenue and Erie Street per established agreement.
A motion was made by Councilman Westcott, seconded by Councilman Staniszewski, and
unanimously carried, to approve 2014 Agenda Meeting and Council Meeting dates.
A motion was made by Councilman Staniszewski, seconded by Councilman Westcott, and
unanimously carried, to approve City of Washington’s Trick or Treat date/time to be on
Thursday, October 31, 2013 from 6PM to 7:30PM.
A motion was made by Councilman Staniszewski, seconded by Councilman Westcott, and
unanimously carried, to authorize Widmer Engineering Inc. to perform Closed-Circuit
Televising of 50 Campbell Avenue (3 Storm Sewer Segments) Work to be performed by the
lowest responsible bidder at a cost not to exceed $2,120.
COMMENT: Councilman Staniszewski said this refers to what Sarah discussed previously.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, for the use of South Main Street parking lot (across from the Observer Reporter) on Saturday, September 21, 2013, for a DeMolay event.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously
carried, to approve the Transit Rider Alert Policy as presented.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously
carried, to approve the Transit On-Board Policy as presented.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously
carried, to approve the Transit Item: Performance of Phase Services by Astorino for a budgeted
amount of $32,400 as it relates to construction of the Intermodal Transit Facility.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously
carried, to approve the Transit Trip Request for the Transit Coordinator to attend a
PennDOT/PPTA Mandatory meeting regarding hours of service requirements for drivers in State
College on Thursday, 9/12/13 at a not-to-exceed cost of $200.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously
carried, to approve the hiring of Joseph R. Thomas as the Washington City Transit General
Manager, for a contracted yearly salary of $45,000/year and that the Council-agreed upon
terms as presented. Effective date: Monday, September 16, 2013.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously
carried, to approve the Transit payment to GG&C Bus Company, Inc. in the amount of
$73,059.16 for contracted public transit fixed route services performed in July 2013, to be paid
from the Mass Transit Account upon verification by the Finance Department that the stated
transit funds are available. CHARGE 28.00/447-455
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve the Transit payment to Washington County Transportation Authority in the amount of $8,578.95 for contracted public transit Paratransit services performed in July 2013, to be paid from the Mass Transit Account upon verification by the Finance Department that the stated transit funds are available. CHARGE 28.00/447-455
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve the Transit payment to Nancy Basile in the amount of $46.55 for reimbursement of eligible expenses incurred in August 2013, to be paid from the Mass Transit Account upon verification by the Finance Department that the stated transit funds are available. CHARGE 28.00/447-240
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve the Transit payment to Comcast in the amount of $84.85 for internet service for transit’s farebox networking, to be paid from the Mass Transit Account upon verification by the Finance Department that the stated transit funds are available. CHARGE 28.00/447-240
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve the Transit payment to WJPA Radio in the amount of $350.00 for advertising during Washington High School football opener and Homecoming game to be paid from the Mass Transit Account upon verification by the Finance Department that the stated transit funds are available. CHARGE 28.00/447-310.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve the Transit payment to Jeff Zell in the amount of $622.00 for contracted services performed through July 2013, to be paid from the Buses & Equipment Account upon verification by the Finance Department that the stated transit funds are available. CHARGE 27.00/447-743.
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve the Transit payment to Waller Corporation in the amount of $25,227.00 for contracted services for bonding performed through August 2013, to be paid from the Buses & Equipment Account upon verification by the Finance Department that the stated transit funds are available. CHARGE 27.00/447-743
A motion was made by Councilman Westcott, seconded by Mayor Davis, and unanimously carried, to approve the transfer to the Mass Transit Account (28.00/447-310) in the amount of $15,800.00 to be paid from the Buses & Equipment Account upon verification by the Finance Department that the stated transit funds are available. CHARGE 27.00/447-743.
A motion was made by Councilman Westcott, seconded by Councilman Staniszewski, and
carried, to approve Resolution #1 of 2013:
A RESOLUTION OF THE COUNCIL OF THE CITY OF WASHINGTON,
WASHINGTON COUNTY, PENNSYLVANIA, AUTHORIZING THE EXECUTION
OF AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE TOWNSHIP OF CANTON FOR THE PRODUCTION AND FINANCING OF A HYDRAULIC IMPACT STUDY TO BE KNOWN AS THE HAYES, CALDWELL,
BROAD STREET INFRASTRUCTURE PROJECT.
COMMENT: Mayor Davis stated that we cannot continue to afford to start new projects with out finishing current projects. We have our own storm water issues and the last thing we need to do is to start another.
Councilman Staniszewski stated that this is about working with our neighbors and involves an intersection where a City street and a State road and Township road all meet. Several homes are affected by flooding. This allows everyone to work together and allows the engineer to do a hydraulic study.
Betty Rizor wanted to make a comment. Mayor Davis explained that no public comment was permitted at this time.
Councilman Faust added that he did not see an agreement other than what is stated on the Agenda.
Solicitor Cambest said, “that the agreement is contingent on Canton Township’s approval”.
Mayor Davis was concerned with financially how the City was going to pay for this.
Councilman Staniszewski said that this cost will be split between the City of Washington and Canton Township.
Councilman Faust said that he was concerned with what this would cost. Also, that there was not an issue here until the re-paving job. The City did not have anything to do with the paving. He said he is concerned about the issue and would like to work with Canton Township. He is looking at the expenditure of the City and why we would have to do something now.
Councilman Westcott directed his question to our Solicitor: Is this contingent on Canton’s approval.
Solicitor Cambest said, “yes”.
Mayor Davis added that if Canton Township says yes then the City would have to pay their share of the bill.
ROLL CALL: Councilman Kenneth Westcott — Yes
Councilman Terry Faust — No
Councilman Matthew Staniszewski — Yes
Mayor Brenda Davis – No
A motion was made by Councilman Westcott, seconded by Councilman Faust, and unanimously
carried, to approve Resolution #2 of 2013:
A RESOLUTION BY THE AUTHORITY OF THE WASHINGTON CITY COUNCIL,
OF THE CITY OF WASHINGTON, WASHINGTON COUNTY, AND IT IS HEREBY
RESOLVED BY AUTHORITY OF THE SAME, THAT THE MAYOR OF SAID
MUNICIPALITY IS AUTHORIZED AND DIRECTED TO SUBMIT THE
APPLICATION FOR TRAFFIC SIGNAL APPROVAL TO THE PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION.
(HIGHLAND AVENUE AND COLLEGE STREET)
A motion was made by Councilman Westcott, seconded by Councilman Staniszewski, and
unanimously carried, to approve Resolution #3 of 2013:
A RESOLUTION BY THE AUTHORITY OF THE WASHINGTON CITY COUNCIL,
OF THE CITY OF WASHINGTON, WASHINGTON COUNTY, AND IT IS HEREBY
RESOLVED BY AUTHORITY OF THE SAME, THAT THE MAYOR OF SAID
MUNICIPALITY IS AUTHORIZED AND DIRECTED TO SUBMIT THE
APPLICATION FOR TRAFFIC SIGNAL APPROVAL TO THE PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION.
(HIGHLAND AVENUE, LOCUST AVENUE AND LINCOLN STREET)
A motion was made by Councilman Westcott, seconded by Councilman Faust, and unanimously
carried, to approve Resolution #4 of 2013: SINC-UP Resolution.
A RESOLUTION OF THE AUTHORITY OF THE WASHINGTON CITY COUNCIL, OF THE CITY OF WASHINGTON, WASHINGTON COUNTY, AND IT IS HEREBY RESOLVED BY THE AUTHORITY OF THE SAME, THAT THE MAYOR OF SAID MUNICIPALITY IS AUTHORIZED AND DIRECTED TO SUBMIT THE APPLICATION FOR TRAFFIC SYNCHRONIZATION ON MAIN STREET FROM PARK AVENUE TO WALNUT STREET TO THE SOUTHWESTERN PENNSYLVANIA COMMISSION (SPC) UNDER THE REGIONAL TRAFFIC SIGNAL PROGRAM (SINC-UP).
COMMENT: Councilman Faust said that he was just making sure that this involves new traffic signals that will be on Park Avenue.
Mayor Davis said, “yes”.
A motion was made by Councilman Westcott, seconded by Councilman Faust, and unanimously
carried, to approve Resolution #5 of 2013: A Transportation Enhancement Program
Federal-Aid Reimbursement Agreement with PennDot in the amount of $793,025.00
A RESOLUTION OF THE AUTHORITY OF THE WASHINGTON CITY COUNCIL,
OF THE CITY OF WASHINGTON, WASHINGTON COUNTY, AND IT IS HEREBY
RESOLVED BY THE AUTHORITY OF THE SAME, THAT THE MAYOR OF SAID
MUNICIPALITY IS AUTHORIZED AND DIRECTED TO SUBMIT AGREEMENT
#M124287000, WASHINGTON STREETSCAPE PH 3.
A motion was made by Councilman Westcott, seconded by Councilman Staniszewski, and unanimously carried, to approve placement of Handicapped Sign on one of the parking spaces near the Crossroads Building on West Beau Street for appropriate people to use as needed.
A motion was made by Councilman Westcott, seconded by Councilman Staniszewski, and unanimously carried, to approve sponsorship letter of TRIPIL-YWCA renovation for TRIPIL’S
Headquarters Project LSA application.
A motion was made by Councilman Faust, seconded by Mayor Davis, and carried to enter into
inspection agreement with Skelly & Loy for Pond Project in the amount of $46,718.00 (10% of
construction costs).
COMMENT: Councilman Staniszewski asked if there was a copy of the inspection agreement.
Councilman Faust said that he is sure there is a copy.
Councilman Staniszewski asked Mayor and Council if they got a chance to review this agreement.
Councilman Westcott said he has not seen the agreement.
Mayor Davis said she has reviewed the agreement.
Councilman Faust said he has reviewed the agreement.
Councilman Staniszewski stated that the $2,000.00 cooperation agreement with a neighboring municipality has not been approved, but apparently some Council members have not been given a copy of this inspection agreement for $46,000.00 but we are OK with that.
Councilman Faust said that he could provide a copy of the inspection agreement. We can table this.
Mayor Davis stated that this was discussed this past Monday night at the Agenda Meeting. The reason for this necessary inspection is to make certain that the contractors do not disturb the areas in the Park that are not permitted to be touched. There are certain trees in the Park and areas of the pond that dirt cannot be moved. In order for us to be in line with our proper permits for the pond we have to make sure that these construction companies are accountable. Initially, it was that we were to have them on sight for 1 day a week. As we discussed on Monday, they will be there at 2 to 3 hour increments – 3 days per week. We must be incompliance with the permits.
Councilman Staniszewski said that a copy of the inspection agreement should have been given to everyone on Monday or even a week or two ago for review. That’s $46,000.00 and asking us to enter into an agreement we have never even seen.
A motion was made by Councilman Westcott, seconded by Councilman Staniszewski, and
carried, to table to enter into inspection agreement with Skelly & Loy for Pond Project in the
amount of $46,718.00 (10% of construction costs) for further review.
ROLL CALL: Councilman Kenneth Westcott — Yes
Councilman Terry Faust — No
Councilman Matthew Staniszewski — Yes
Mayor Brenda Davis – No
COMMENT: Councilman Staniszewski said that the table went down so now we are voting on the original motion.
Solicitor Cambest said, “that is correct”.
A motion was made by Councilman Faust, seconded by Mayor Davis, and carried, to enter into an
inspection agreement with Skelly & Loy for Pond Project in the amount of $46,718.00 (10% of
construction costs).
ROLL CALL: Councilman Kenneth Westcott — No
Councilman Terry Faust — Yes
Councilman Matthew Staniszewski — No
Mayor Brenda Davis – Yes
A motion was made by Councilman Westcott, seconded by Councilman Staniszewski, and
unanimously carried, to approve a tentative agreement between the City of Washington and the
Fraternal Order Of Police Lodge #95 for wage increases for the year 2014 in the amount of
2.75%.
A motion was made by Councilman Faust, seconded by Councilman Westcott, and unanimously carried, to approve a donation of $1,000.00 in support of the 2013 Whiskey Rebellion Festival to The Bradford House Historical Association. CHARGE 01.55/459-541 (Civic & Military Celebrations).
A motion was made by Councilman Faust, seconded by Mayor Davis, and carried, to
enter into a digital service agreement with PhDesigned LLC for the conversion of the City website to WordPress with addition of the following social media options: Facebook, Twitter, Linkedin, Youtube, Google+ and Pinterest. Also with a one year maintenance cost to all of the above at the cost of $8,300.00. CHARGE 21.00/426-310 (Recycling Performance Grant Account)
COMMENT: Councilman Staniszewski thanked Lynn for her time spent on this proposal. He went on to say that his background is Computer Science, and that this is a lateral move and is a waste of money. It has the same content, same functionality – just a pretty website. Councilman Staniszewski said that he suggested some alternative solutions which one in particular was to
maintain this as an informational website, keep as is. Use this grant money for something more useful for our residents. Do a systems analysis, a need assessment, and develop a short-term and a long-term plan to figure out where we want our website to be. Or, advertise for bids and use the money for a developer to develop our website that enhances and makes it easier to do business with the City such as for Rental Registration or making payments online. The City currently pays the contractor $80,000.00 per year and he wanted to know why the contractor does not develop this basic website with the basic software right here in house. It is like creating a face book page. At the end of the day the City will waste money and we will have a pretty website that will basically do nothing.
Mayor Davis said that this is more than a face book page. The money is not coming out of the taxpayer’s or the general fund. It is coming from a grant that we receive. In order to fulfill that grant we have to do certain informative and educational literature to make sure that our residents know exactly what they need to do. This is money will be coming out of a performance grant. More educational things will be incorporated into our website.
ROLL CALL: Councilman Kenneth Westcott — Yes
Councilman Terry Faust — Yes
Councilman Matthew Staniszewski — No
Mayor Brenda Davis – Yes
A motion was made by Councilman Westcott, seconded by Mayor Davis, and carried, to terminate Lane Turturice, Esquire, of Berggren & Turturice, LLC as Solicitor of the Citywide Development Corporation (CDC); and appoint John F. Cambest, Esquire, of Dodaro, Matta & Cambest, P.C. as Solicitor ~ effective date: September 9, 2013.
COMMENT: Councilman Staniszewski asked why the City is appointing a Solicitor because the CDC is a separate entity with their own separate board. He continued by saying that this is nothing against Solicitor Cambest . . . that he (Councilman Staniszewski) is perfectly happy with him.
Mayor Davis said that the CDC is not currently a 5013C. Nothing has been awarded to say that.
Councilman Staniszewski asked if Mayor Davis currently sits on this board.
Mayor Davis replied, “yes, and on Monday there was an Executive Session held by the CDC and it was their recommendation and approval of their board to terminate the services of their Solicitor and go with a new firm. We are procedurally following through with the CDC and how they will be facilitated.
Councilman Faust said that this is one time that him and Councilman Staniszewski will agree. The CDC is their own entity; it is a organization that should operate on its own. The gray area is that when we were trying to develop the CDC, we do have an application in for the 5013C – that is the way we are going, the City was helping with the Solicitor ship for them. At that time it was Lane Turturice, who was the Solicitor for the City, he was there for the start-up and just remained through. It is my thoughts that the City should not be taking. It is an action the CDC takes. They need to take this action and that there is really not a vote for us to terminate or hire the Solicitor ship for the CDC. It is outlined in a payback and as the CDC matures the amount of money spent on the Solicitor ship will be repaid to the City. The CDC is allowed to change and choose whomever they like to choose – that is their consensus. It is not an action of the City.
Councilman Westcott asked why this is on the Agenda.
Councilman Staniszewski asked the same question.
Mayor Davis said we currently have on record, Thursday, December 8, 2011 – right when the CDC was being established – we have on record the motion was unanimously carried to hire Lane Turturice to represent the Citywide Development Corporation. The CDC came to us and explained to us, because the City is paying the bills, that they wanted to make a change on the Board. This is just a formality so it does not come back and open the City up to any liability in the future because we did not follow through with what the recommending body asked us to do. Procedurally, as it is on record, Lane is the Solicitor for the CDC.
Councilman Faust said that at that time the CDC was in it infancy.
Mayor Davis said that if we just want to make the motion to terminate the services of Lane Turturice from the CDC that is fine. We don’t have to appoint a new firm. We just need to have on record that he is no longer representing the CDC because publicly he is on record for that.
Councilman Staniszewski said at that time, as Councilman Faust said, they did not have anything filed with the State yet, they did not even have any bylaws. He asked if the meeting on Monday was even advertised.
Solicitor Cambest stated that it did not have to be advertised because the public was not invited.
Councilman Faust said that at the next meeting of the CDC there should be a vote taken.
Mayor Davis was present at Monday night’s meeting and he stated the intent of what the Board wanted to do. They are the recommending body, it is them that made this decision, and the City must follow through procedurally. Are we now going to tell them that we are not going to follow through with this? We don’t trust their judgment is basically what we are saying.
Councilman Staniszewski said that they need to send us a letter stating what they have approved.
Councilman Faust said that this is procedural.
Mayor Davis said that these people are volunteers and we are going to ask them to do more work, that we can’t take their word?
A motion was made by Councilman Stansizewski to table the termination of Lane Turturice as Solicitor of the CDC. (MOTION DIED FOR LACK OF SECOND).
A motion was made by Mayor Davis, seconded by Councilman Westcott, and carried, to terminate Lane Turturice, Esquire, of Berggren & Turturice, LLC as Solicitor of the Citywide Development Corporation (CDC); and appoint John F. Cambest, Esquire, of Dodaro, Matta & Cambest, P.C. as Solicitor ~ effective date: September 9, 2013.
ROLL CALL: Councilman Kenneth Westcott — Yes
Councilman Terry Faust — No
Councilman Matthew Staniszewski — No
Mayor Brenda Davis – Yes
A motion was made by Councilman Faust, seconded by Councilman Staniszewski, and unanimously carried, to approve an Intergovernmental Cooperation Agreement between the City of Washington and the Citywide Development Corporation (CDC).
COMMENT: Councilman Staniszewski stated that this actually dictates how the City pays whoever the Solicitor is. This has the language in there.
Mayor Davis stated it also has the language in there that they have the full reigns to negotiate a donation, an acceptance of property. Once they do that then they have to come to Council; so they are still coming before us to make their recommendation. It is in the agreement for us to follow through with what the recommendation is.
A motion was made by Mayor Davis, seconded by Councilman Staniszewski, and unanimously carried, to approve down payment to Azzi International Service For Dogs in the amount of $8,000.00 for (2) dual purpose K9s and training. CHARGE 55.00/410-240 (Police Department Capital Purchase Fund – Operating Expenses).
COMMENT: Councilman Staniszewski thanked all the community support, the gracious donations, and our Officers for all of their hard work.
Mayor Davis said that the Police Department has done a fantastic job in fundraising. We are still accepting donations to the K9 Unit. Thank you all for who have already donated. Mayor Davis said that Officer Josh Rush is present here tonight. Mayor Davis thanked Josh and also Pete for all of their hard work in fundraising.
Councilman Westcott echoed what his colleagues have said. We have had K9s before and they will be an asset to our Police Department.
ELECTED OFFICIALS:
Councilman Westcott said that next month is Fire Prevention Month. Councilman Westcott asked Chief Brookman if he would talk about this. Chief Brookman said that John Riley, our Fire Prevention Officer, has numerous events already scheduled. The Fire Department will be in the schools and churches. There will be tours given in October. Councilman Westcott said that Inspections are going on in our businesses. Fred Fleet would like to honor our Fire Department; so, in the near future an event will be scheduled in their honor.
Councilman Faust had no comment.
Councilman Staniszewski had no comment.
Mayor Davis said that on Saturday, October 5th, at 10AM, we will have our second (annual) Stop The Violence March. It will begin at W & J’s Old Main. We have invited members of the Kelly family to attend. She encouraged all to come and rally with The City, to join a neighborhood watch program, or even be a porch watcher.
The next regular meeting of Washington City Council will be held on Thursday, October 10, 2013 at 7PM in Council Chambers. The Agenda Meeting will be held on Monday, October 7, 2013 at 6PM, also in Council Chambers.
A motion was made by Councilman Staniszewski, seconded by Councilman Westcott, and unanimously carried, to adjourn the meeting.
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Brenda Davis, Mayor
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Christy S. Thomas, City Clerk