Month: April 2016

MINUTES
City Council Meeting
City of Butler, Pennsylvania
April 28, 2016
 
Mayor Donaldson called the meeting to order at 7:00 PM. Mayor Donaldson and Council members Walter, Kline, Schontz and Roche were present. The pledge of allegiance to the flag followed an invocation given by Pastor Tara Lynn, Grace at Calvary Lutheran Church.

PRESENTATIONS:

Lions Club of Butler presented a check in the amount of $1,200.00 to the City of Butler to be used for Christie Avenue Playground. The Lions Club receives funds from items they sell.  Online ordering is available at: www.butlerpalionclub.org/fund-raising-products/

PERSONS TO BE HEARD:
 
Larry Sassone, requested permission to solicit on behalf of the city of Butler for donations for the 2016 fireworks display. He also requested that the sale Kelly Automotive Park not be considered as an option for the city’s financial issues.

Bill Criley, feels the patching that was done on Pittsburgh Pike is the correct way to patch roads, versus filling random potholes.

Motion by CM Schontz with second from CW Kline to approve the minutes of Regular meeting of March 24, 2016 and special meeting of April 13, 2016. All voted aye.

The following took place at the City’s Forum Meeting held on April 26, 2016:

1. Motion to enter into an Employment Separation Agreement with Ronald Fundark, II.

Motion by Mayor Donaldson. Second by CM Walter.  All voted aye.

MONTHLY & ANNUAL DEPARTMENT REPORTS

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

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

COUNCIL REPORTS/ACTIONS

Councilman Walter

1. Motion to approve payment to USBank in the amount of $126,023.72 for interest due on General Obligation Bonds Series B-2015. LIN 01 472 800. Second by CM Schontz. All voted aye.
2. Motion to approve payment to USBank in the amount of $6,841.79 for interest due on General Obligation Bonds, Taxable Series A-2015. LIN 01 472 800. Second by CM Roche. All voted aye.
3. Motion to transfer $200,000.00 from the General Fund (01) to the Parking Fund (05). This represents $200,000.00 borrowed from the Parking Fund in February. Second by CW Kline. All voted aye.
4. Motion to transfer $132,865.51 from the Parking Fund (5) to the General Fund (1) for the 2016 payment of Bond Series A & B-2015. (LIN 05 499 500) Second by CM Schontz. All voted aye.
5. Motion to accept the bid from Nextier Bank for a general obligation loan of $210,000.00 with an interest rate of 1.62% per annum. Second by CM Roche. All voted aye.

Councilwoman Kline

6. Motion to enter into an agreement with Pennsylvania Fire Recovery Service contingent upon review and final approval by the city solicitor. Second by Mayor Donaldson. All voted aye.
7. Motion to enter into a Settlement Agreement with the IAFF Local #114, to settle a grievance filed on behalf of Captain Brian Mazzanti concerning the city’s policy for “Light Duty” or “Modified-Duty Temporary Assignments”. Second by CM Walter. All voted aye.
8. Motion to enter into a Settlement Agreement with the IAFF Local #114, to settle a grievance filed against the city for implementing new Civil Service Rules and Regulations and failing to promote to maintain the minimum compliment per the Collective Bargaining Agreement. Second by CM Walter. CM Walter, CW Kline and CM Roche voted aye. CM Schontz and Mayor Donaldson voted no.
9. Motion to promote Firefighter Donald J. McCoy, Jr. to the rank of Lieutenant within the Bureau of Fire. Second by CM Schontz. CM Walter, CW Kline, CM Schontz, CM Roche voted aye. Mayor Donaldson abstained.
10. Motion to promote Lieutenant James A. Kaufman to the rank of Captain within the Bureau of Fire. Second by CM Schontz. CM Walter, CW Kline, CM Schontz, CM Roche voted aye. Mayor Donaldson abstained.

Councilman Schontz

11. Motion for the second reading and adoption of City Ordinance No. 1727 an ordinance of the City of Butler, Pennsylvania amending the City’s traffic control schedules contained in Chapter 245 of the codified ordinances of the City of Butler by making permanent experimental regulations previously adopted by city council on a 90-day trial basis. Second by CW Kline. All voted aye.
12. Motion to approve a refund request of $1,260.00 from CBP Contracting, Inc., for a building permit for remodeling work at the Arby’s restaurant. Second by Roche. All voted aye.
13. Upon the satisfactory completion of his 90-day probationary period, motion to grant permanent employment status to Mr. Derek Shick, Code Enforcement Officer, Office of Business and Community Development contingent upon obtaining his certification for UCC Certification 10. Second by CW Kline. All voted aye.
14. Motion to install “No Parking” signs on the south side of W. New Castle Street between Chestnut and Broad Streets on a 90-day trial basis. Second by CW Kline. All voted aye.
15. Motion to approve the conditional hiring of Craig A. Milligan for the position of Truck Driver in the Streets Department. Second by CM Roche. All voted aye.
16. Motion to accept the bid from Martino, Inc. in the amount of $122,000.00 for the Monroe Street Storm Sewer Improvements project. LIN 18 430 436. Second by CM Roche. All voted aye.
17. Motion to schedule an electronic and hazardous house waste event to be held in the city of Butler. Second by CM Roche. All voted aye.

Mayor Donaldson

18. Motion to approve payment to Thomas Construction, Inc. in the amount of $332,084.71 for the construction of the Centre City Parking Garage.  LIN 43 463 020.             Second by CM Roche. All voted aye.
19. Motion to approve payment to Gateway Engineers in the amount of $12,751.75 for the engineering of the Centre City Parking Garage.  LIN 43 463 010. Second by CM       Schontz.  All voted aye.
20. Based on recommendation from his chain of command and satisfactory completion of his probationary period, motion to grant permanent employment status as of April 4, 2016 to Patrol Officer Myles Bizub.   Second by CM Roche. All voted aye.
21. Motion for the second reading and adoption of City Ordinance No. 1728, an ordinance of the City of Butler, Pennsylvania to repeal Chapter 6; Authorities, Municipal;      Article I; Parking Authority, of the Codified Ordinances of the City of Butler. Second by CM Schontz. All voted aye.
22. Motion to approve the resignation of Patrol Officer Douglas Mazzanti from the Butler City Police Department following 7 years of service, effective May 15, 2016. Second by CM Roche. All voted aye.
23. Motion to accept the bid from Woltz & Wind Ford, Inc. in the amount of $24,345.00 for the purchase of (1) one police cruiser.  Second by CM Schontz.  All voted aye.

The City Treasurer presented a Monthly Intake Report for March, 2016.

The City Controller presented bills for payment as follows: from the general fund – $494,528.74; from the parking fund – $44,994.23; from the capital projects fund – $4,019.95; from the liquid fuels tax fund – $5,210.33; and from the 2015-Series Bond Proceeds – $344,836.46 for a grand total of $893,589.71. Motion by CM Schontz with second from CM Walter to approve payment of bills as presented.  All voted aye.

ANNOUNCEMENTS:

• WISR City Hall – Mayor Donaldson and Councilman Schontz.
• Please submit Neighborhood Pride Award nominees.
• CM Roche thanked all the volunteers for a successful Spring Clean. There were over 75 volunteers.

Mayor Donaldson adjourned the meeting at 8:07 PM.

 

 

MINUTES
Special Meeting of City Council
City of Butler, Pennsylvania
April 13, 2016   6:00 PM          

Mayor Donaldson called the meeting to order at 6:02 PM. Mayor Donaldson and Council members Walter, Kline, Schontz and Roche were present.  Motion was made to reconvene the meeting in the Public Safety Building by CW Kline.  All voted aye.

Mayor Donaldson reconvened the meeting at 6:11 PM.

City Solicitor, Jim Coulter reviewed the rules and procedures for public participation in meetings of city council.

Mr. Coulter then explained the conflict of interest about the situation in demoting the fire chief. He introduced Attorney David Mitchell, Cambell Durrant Beatty Palombo & Miller, P.C., who interpreted the PA Consolidated Statutes; Title 11; PA Cities section and provided a legal opinion that the Mayor had authority to demote the Fire Chief.

PERSONS TO BE HEARD (Brief summary of comments):

Jeff Smith requested that council terminate its relationship with Cambell Durrant Beatty Palombo & Miller, P.C. based on the legal opinion given to the Mayor. Mr. Smith suggested that the fire chief be reinstated.

Clair Boring said the council should move forward.

James Raglan the move is not going to help Butler.

Bryan Presco addressed the situation with the fire chief and wanted an explanation. He also voiced his concerns about the shooting dens and pill pressing machines in the city of Butler.

Sherry Holm is a lifelong resident in the city and takes pride in the fire station.

Jamie Goehring support Nick Ban and expects a reasonable explanation and voiced her anger over not allowing Nick an honorable retirement.

Don Shearer said he would like a reasonable explanation for what has happened.

Tim Roxbury doesn’t feel that mayor owes an explanation to the citizen and the citizens need to stand behind the Mayor.

Rita Lane was blindsided by the decision and reviewed meeting minutes looking for anything about this but found nothing.

Bob Dandoy said aside from legal interpretation, it was the lack of respect for CW Kline and the other council members, as well as both the police and fire departments and the residents of the city, that was upsetting.

Dess Schnur said the lack of respect and lack of trust affects all the employees of the city. He asked “why”?

Rick Zitalone was a firefighter for 22 years. He was also asking why this happened.

Mayor Donaldson and Councilwoman Kline comments are attached to these minutes.

COUNCIL REPORTS/ACTIONS

Councilman Walter 
CM Walter discussed the serious financial situation in the city of Butler. The city needs about $500,000.00 to break even at the end of 2016.  After discussion with the city’s auditor, he had two options that could help.  First option would be to sell Kelly Automotive Park.  CM Walter does not feel that’s something the city would or could do.  Second option would be to sell the parking lots in the city.  A part-time firefighter program needs to be in place again.

Councilwoman Kline

1. Motion to approve the retirement of Chief George N. Ban, Jr. from the Butler Bureau of Fire following 25 years of service, effective April 9, 2016.  Second by CW Walter. All voted aye.

Mayor Donaldson adjourned the meeting at 7:18 PM.

SUBMITTED:                                                            APPROVED:

________________________                        _________________________

Melinda F. Gall, City Clerk                             Thomas P. Donaldson, Mayor

 

Click on the link:  April 13, 2016  for the Mayor and Council Woman Kline’s comments