MINUTES
City Council Meeting
City of Butler, Pennsylvania
February 23, 2017

Mayor Donaldson called the meeting to order at 7:00 PM. Mayor Donaldson and Council members Walter, Kline, Bonus and Roche were present. The pledge of allegiance to the flag followed an invocation given by Reverend James Steiner, Hill United Presbyterian Church.

PERSONS TO BE HEARD:

Clint Kiddle discussed concerns for the poor condition of Etna Street.

Motion by Mayor Donaldson with a second from CW Kline to approve the minutes of Regular meeting of January 26, 2017. All voted aye.

MONTHLY & ANNUAL DEPARTMENT REPORTS

(Note: Department Reports Distributed to Council at Tuesday’s Forum Meeting for Review)

Motion by Mayor Donaldson with a second from CM Roche to acknowledge receipt of the monthly minutes from RACB, including the CDBG/HOME Program activities

Department reports for the month of January were approved by individual, unanimous votes.

COUNCIL REPORTS/ACTIONS

Councilman Walter

  1. Motion for the second reading and adoption of City Ordinance No. 1740 amending Chapter 235 of the Codified Ordinances of the City of Butler, Taxation, granting an exemption to any person whose total income from all sources is less than $10,000.00 per annum from the payment of per capita tax. Second by CW Kline. All voted aye.
  2. Motion to authorize the City Clerk to sign the updated fee agreement letter of February 6, 2017, for legal representation by the firm of Campbell, Durrant & Beatty, Palombo & Miller, P.C. for the collective bargaining negotiations scheduled for 2017.

Second by Mayor Donaldson. All voted aye.

  1. Motion to retain Leo Stepanian II, Esq. and the firm Stepanian & Menchyk, LLP to represent the City of Butler, Councilwoman Kathy D. Kline, Councilman Michael L. Walter and Councilman Corey D. Roche in lawsuit filed in the Court of Common Pleas of Butler County, Pennsylvania by Mayor Thomas Donaldson and docketed at A.D. No. 16-1101 which claim is based upon an action which was taken within the scope of the office or duties of councilperson. Under the proposed fee agreement, the City of Butler will pay Attorney Stepanian the hourly rate of $135.00 per hour. This motion is pursuant to 42 Pa. C.S.A. Sections 8547 and 8548 and is based upon the City Solicitor having a conflict of interest. Second by CW Kline. CM Walter, CW Kline, CM Bonus, CM Roche voted aye.  Mayor Donaldson abstained.
  2. Motion to accept the bid from NexTier Bank for a general obligation loan of $390,000.00 with an interest rate of 1.80% per annum. Second by CW Kline. All voted aye.

Councilwoman Kline

Recreational fire permits will be available March 1st.  Residents will complete an application for their first recreational fire.  For recreational fires thereafter, they will call the station and reference their permit number.  724-283-3100.

Councilman Bonus

  1. Motion to approve City Resolution No. 2017-02-23 obligating $24,918.00 of City revenues to the Butler Transit Authority for fiscal year 2017/2018. Second by CW Kline. All voted aye.
  2. Motion to authorize the City Clerk to execute and deliver a commitment letter required by PennDot to process the City’s Grant Application for Multimodal Grant Application #2017-10-10-011. Second by CW Kline. All voted aye

Councilman Roche

 

  1. Motion to appoint Derek Delaney to the City of Butler Parks, Recreation Grounds & Facilities Authority to fill the remainder of Don Paul’s term which expires on January 1, 2020. Second by Mayor Donaldson. All voted aye.
  2. Motion to enter into an agreement with the Butler Fastpitch Association to lease the T-Ball Field in Memorial Park commencing April 1, 2017 through October 31, 2017.

Second by Mayor Donaldson. All voted aye.

  1. Motion for the introduction and first reading of City Ordinance No. 1741; an ordinance of the city of Butler, Pennsylvania amending Chapter 101; Alcohol beverages; of the codified ordinances of the City of Butler. Second by Mayor Donaldson. All voted aye.
  2. Motion to approve City Resolution No. 2017-02-23A; the City of Butler agrees to comply with the requirements of the Butler County Parks Renovation Program for the purpose of obtaining grant funds for the renovation of Butler Memorial Park. Second by Mayor Donaldson. All voted aye.

Mayor Donaldson

  1. Motion to approve Pennsylvania Heart & Lung Act benefits for Sergeant David Villotti beginning on February 1, 2017 for a work-related injury he sustained on January             26, 2017. Second by CM Roche.  All voted aye.
  2. Motion to approve payment to Nathan Contracting in the amount of $14,529.00 for the McKean Street Parking Garage Rehabilitation after review by the parking manager.

LIN 05 448 240. Second by CM Roche.  All voted aye.

  1. Motion to approve the resignation of Patrol Officer Travis Buckshire, effective March 5, 2017. Second by CM Walter. All voted aye.
  2. Motion to adopt City Resolution No. 2017-02-23B; a resolution supporting non-discrimination in the city of Butler. Second by CM Bonus. CM Walter abstained.  CW Kline voted no.  CM Bonus, CM Roche and Mayor Donaldson voted aye.
  3. Motion to authorize the Mayor to execute and deliver a letter Agreement with HJA Strategies, LLC to engage HJA Strategies to assist the City of Butler in evaluating potential alternatives for the existing parking system. This motion is contingent upon HJA Strategies modifying Paragraph 8 of the letter agreement to call for the contract to be interpreted under the laws of the Commonwealth of Pennsylvania and to submit to the jurisdiction of the Pennsylvania Courts and the Federal Courts located in Pennsylvania. Second by CM Roche.  CM Walter, CW Kline, CM Bonus, CM Roche voted no.  Mayor Donaldson voted aye.  Motion not passed.
  4. Motion to authorize the hiring of a 24th police officer in the City of Butler Police Department. Second by CM Roche. All voted aye.
  5. Motion to approve an alcohol permit for the Italian Festival contingent upon the sponsor filing the proper paperwork and meeting all the requirements from the LCB and providing proof thereof to the City at least 5 days PRIOR to the event. Second by CW Kline. All voted aye.
  6. Mayor Donaldson moved to terminate the employment of police officer 1408 as a City of             Butler police officer for misconduct and violation of policy.  Second by CM Bonus.            CM Walter and CW Kline voted no.  CM Roche, CM Bonus and Mayor Donaldson      voted aye.

The CBA specifically states in Article 24 (G) that “Unless agreed to by the Officer, the      City shall not make any public comment on the reason for disciplinary action   brought against the Officer,    except as required by law.”

The City Treasurer presented a Monthly Intake Report for January, 2017.

The City Controller presented bills for payment as follows: from the general fund – $199,873.91; from the parking fund – $48,383.76; from the capital projects fund – $0.00; from the liquid fuels tax fund – $6,899.42; and from the 2015-Series Bond Proceeds – $0.00 for a grand total of $255,157.09. Motion by Mayor Donaldson with second from CW Kline to approve payment of bills as presented.  All voted aye.

  • ANNOUNCEMENTS:
  • WISR City Hall – Councilman Walter; Mayor Donaldson

Mayor Donaldson adjourned the meeting at 8:07 PM.

 

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