Category: Meeting Minutes

 

Motion by CM Schontz with second from CW Kline to approve the minutes of the regular City Council meeting of May 26, 2011.

Presentation:           

• Patty Jo Lambert presented information concerning the Bantam Jeep Festival.

 

Persons to be heard:

• William J. Criley discussed his concerns for Act 47 and feels the city should explore this option.

 

 

MONTHLY & ANNUAL DEPARTMENT REPORTS

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

 

All department reports for the month of May, 2011 were approved by individual, unanimous votes.

 

COUNCIL REPORTS/ACTIONS

 

Mayor Stock

 

1. Motion to approve distribution of additional 2009 State Aid for pension plans as follows: to the Firefighters Pension Plan – $525.42, to the Police Pension Plan – $378.31 and to the Officers & Employees Pension Plan – $147.12, with the total amount of 2009 State Aid distributed to pension plans being $1,050.85. Second by CW Kline. All voted aye.

Councilman Schontz

 

2. Motion to create a one-hour parking zone on the south curb of W. Cunningham Street from S. Bluff Street (east) to the County Prison driveway on a 90-day trial basis. Second by Mayor Stock. All voted aye.

 

3. Motion to make the south curb of Jefferson Street “no parking” from Chestnut Street to Wagner Avenue on a 90-day trial basis. Second by CW Kline. All voted aye.

 

4. Motion to install a “deaf child area” sign at 118 Kaufman Drive on a 90-day trial basis. Second by CW Kline. All voted aye.

 

5. Motion to install “no trucks – local deliveries only” sign on Fifth Avenue on a 90-day trial basis. Second by CM Reese. All voted aye.

6. Motion to approve the artwork for the sign to be painted on the Butler Farmers’ Market. Second by CW Kline. All voted aye.

 

7. Motion to award the demolition of 522 West New Castle Street to Ken Reilly Contracting in the amount of $7,400.00 based upon the general specifications of the contract and the release by the City Solicitor. Second by CW Kline. All voted aye.

 

8. Motion to award the demolition of 226 Franklin Street to Ken Reilly Contracting in the amount of $7,200.00 based upon the general specifications of the contract and the release by the City Solicitor. Second by CW Kline. All voted aye.

 

9. Motion to authorize the City Treasurer to refund $150.00 to Robert Grigoletti for amusement devices machines used at the Chestnut Street Inn due to changes in Ordinance #1641 that was adopted in May. Second by CM Reese. All voted aye.

 

10. Motion to award the contract for 2011 street paving to Shields Asphalt Paving in the amount of $253,000.00. Second by Mayor Stock. All voted aye.

 

 

Mayor Stock

 

11. Motion to approve Pennsylvania Heart & Lung Act benefits for Patrolman Anthony D. Fatta beginning on May 29, 2011 for a work-related injury he sustained on May 29, 2011. Second by CM Reese. All voted aye.

 

12. Motion to approve Pennsylvania Heart & Lung Act benefits for Patrolman Chad Rensel beginning on June 14, 2011 for a work-related injury he sustained on June 6, 2011. Second by CM Reese. All voted aye.

 

13. Motion to appoint CM Reese to the Solid Waste Advisory Committee (SWAC). Second by CW Kline. All voted aye.

 

14. Motion to approve the cooperation agreement for the Farmers’ Market with the Butler Downtown. Second by CW Kline. All voted aye.

 

15. Motion to approve 30% of net proceeds from the Butler Farmers’ Market to be donated to the Main Street Program. Second by CM Schontz. All voted aye.

 

16. Motion to accept the resignation of parking violation monitor, Jennifer Gaiser, effective August 20, 2011 (last day is August 19, 2011) Second by CM Schontz. All voted aye.

 

17. Motion to direct the city clerk to advertise for the hiring of one parking violation monitor. Second by CM Schontz. All voted aye.

 

18. Motion to authorize the Mayor and City Clerk to execute a Memorandum of Understanding with Butler County for the 2011 Byrne Justice Assistance Grant Program Award in the amount of $12,209.00. The split will be 40% Butler City Police Department ($4,883.60) and 60% County of Butler ($7,325.40). The public has 30 days to comment on this grant. Second by CM Schontz. All voted aye.

 

The City Clerk, in the absence of the City Controller, presented bills for payment as follows: from the general fund – $236,840.20; from the capital projects fund – $883.69; and, from the liquid fuels tax fund – $8,622.40 for a grand total of $246,346.29. Motion by Mayor Stock with second from CM Schontz to approve payment of bills as presented. All voted aye.

 

 

• ANNOUNCEMENTS:

 

MS4 announcement

WISR City Hall – Mayor Stock

4^th of July events:

Antique Car Show – Butler Memorial Park

4^th of July fireworks display – following the Blue Sox Game

June 25, 2011 – Butler Road Race

June 26, 2011 – Cruise-a-Palooza

 

Mayor Stock adjourned the meeting at 7:37 PM.  

 

MONTHLY & ANNUAL DEPARTMENT REPORTS

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

All department reports for the month of April, 2011 were approved by individual, unanimous votes.

 

COUNCIL REPORTS/ACTIONS

 

Councilman Bratkovich

 

1. Motion to approve a payment in the amount of $603,539.16 to NexTier Bank for the 2011 Tax Revenue Anticipation Note.   ($600K to LIN 01 472 601   &   $3,539.16 to LIN 01 472 600 – payoff date is May 27^th) Second by CW Kline. All voted aye.

 2. Motion for the second reading and adoption of City Ordinance No. 1641 amending Ordinance No. 1634 to clarify the license fee and the procedure for the issuance of licenses for various gaming devices and amusement devices. Second by CM Schontz. All voted aye.

3. Motion to return State Aid to the Municipal Pension and Fire Relief Programs Unit in the amount of $43,059.40 (Principal – 34,110.00 + Interest – 8,949.40) that was paid in excess of the Third Class City Code for the Firefighters’ Pension Plan, to be paid from the Firefighters’ Pension Fund. Second by Mayor Stock. All voted aye.

4. Motion to approve City Resolution No. 2011-05-26A a resolution of the City of Butler relative to the procurement of professional services for the Municipal Pension System(s) sponsored by the city based on the requirements of Act 44 of 2009. Second by CM Schontz. All voted aye.

5. Motion to adopt a Conflict of Interest Policy to fulfill the requirements of Act 44. Second by CW Kline. All voted aye.

Councilman Schontz

6. Motion to approve City Resolution 2011 – 05 – 26 revising the City’s administrative fee schedule as of January 1, 2011. Second by CW Kline. All voted aye.

 7. Motion to approve payment to Mase Excavating Company in the amount of $4,695.00 for the demolition of 205 Hickory Street, upon final inspection and approval of the Code Enforcement Officer. LIN 18 427 221 Second by CW Kline. All voted aye.

8. Motion to award the demolition of 522 West New Castle Street to Mase Excavating Company in the amount of $7,050.00 based upon the general specifications of the contract and the release by the City Solicitor. Second by CW Kline. All voted aye.

9. Motion for the second reading and adoption of City Ordinance No. 1640; an ordinance for the City of Butler to comply with the storm water management standards and criteria of the Butler County Act 167 Stormwater Management Plan. Second by CW Kline. All voted aye.

10. Motion to install “No Parking” signs at the entrance to Pullman Park along Park Way for a 90-day trial basis. Second by Mayor Stock. All voted aye.

Councilwoman Kline

11. Motion to appoint Andrew Manfred to the Bicycle Advisory Commission to fill the term of Thomas Souzer which expires January 2013. Second by Mayor Stock. All voted aye.

The City Clerk, in the absence of the City Controller, presented bills for payment as follows: from the general fund – $1,345,026.84 (466,049.00-HRA and 600K-TRAN); from the capital projects fund – $5,196.66; and, from the liquid fuels tax fund – $5,716.78 for a grand total of $1,355,940.28. Motion by Mayor Stock with second from CM Schontz to approve payment of bills as presented. All voted aye.

ANNOUNCEMENTS:

MS4 announcement

WISR City Hall – Mayor Stock

Memorial Day Parade – May 30^th 10:40 AM

Blue Sox – Opening Day – June 2, 2011

Mayor Stock adjourned the meeting at 7:48 PM.  

Public Hearing: Becky Smith gave a brief overview and updates about Butler Downtown. She explained the DCED grant application process for the Butler Downtown and City of Butler.

Presentation:            Concerned Citizens Coalition presented a check to the City of Butler for the Spray Park from monies received for the scrap metal collection held on April 19^th.

Persons to be heard: Mr. Denny Offstein gave kudos to both the Police Department and the Bureau of Fire.

A Public Hearing for Ordinance No. 1639 amending Chapter 260, the zoning ordinance of the City of Butler, was held at the Forum Meeting on Tuesday, April 26, 2011

 MONTHLY & ANNUAL DEPARTMENT REPORTS

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

 All department reports for the month of March, 2011 were approved by individual, unanimous votes.

COUNCIL REPORTS/ACTIONS

Councilman Bratkovich

1. Motion to approve a formal request to DCED to determine if the City of Butler is eligible to participate in the Act 47 process. Second by CM Reese. Mayor Stock expressed her concerns about increasing taxes for residents and non-residents who work in the city. CM Bratkovich expressed his concerns that there is no other option for the city. CW Kline and CM Schontz expressed their concern that once a formal request is submitted, the city would be committed to going into Act 47. There needs to be reorganization in the departments. CM Bratkovich and CM Reese voted aye. Mayor Stock, CM Schontz and CW Kline voted no. Motion not carried.

2. Motion to retain Mockenhaupt Benefits Group to assist the City in complying with Act 44 of 2009 (an Act which requires the City to comply with various legislative mandates in administering its pension plans), including services required to create and implement a Policy Relating to Conflicts of Interest, Procedures for Procuring Professional Services and additional services as required for the City to comply with said Act in accordance with the written proposal received from Mockenhaupt Benefits Group and attached to these minutes. Second by Mayor Stock. All voted aye.

3. Motion for the first reading and introduction of City Ordinance No. 1641 amending Ordinance No. 1634 to clarify the license fee and the procedure for the issuance of licenses for various gaming devices and amusement devices. Second by CM Reese. All voted aye.

 Councilman Schontz

4. Motion for the second reading and adoption of City Ordinance No. 1639 amending Chapter 260, the zoning ordinance of the City of Butler, to add retail and wholesale stores as permitted uses in the M-1 and M-2 zoning districts, to permit one and two family dwellings classified as non-conforming uses in C-1, C-2, M-1 and M-2 zoning districts to add accessory structures subject to the R-3 developmental standards and modifying the definition of “occupancy permit” to require all new businesses, relocated businesses, businesses where a change in ownership has occurred and home occupations must obtain an occupancy permit for zoning compliance. Second by CW Kline. All voted aye.

5. Motion to approve payment to Mase Excavating Company in the amount of $5,075.00 for the demolition of 734 Center Avenue, upon final inspection and approval of the Code Enforcement Officer. LIN 18 427 221 Second by CW Kline. All voted aye.

6. Motion to appoint Larry Christy to the Butler Code Management Appeals Board to replace John Heim with a term expiring in 2016. Second by CM Reese. All voted aye.

7. Motion to pass City Resolution No. 2011-04-28 A; authorizing Mayor Stock to sign an Agreement between the City of Butler and PennDOT for the construction and maintenance of Americans with Disabilities Act compliant curb ramps. Second by CM Reese. All voted aye.

8. Motion to pass City Resolution No. 2011-04-28 B; authorizing Mayor Stock to sign an Agreement between the City of Butler and PennDOT for a supplemental Reimbursement Agreement Number 102682-A to add final design funds for the West New Castle Street Bridge Project. Second by CW Kline. All voted aye.

9. Motion to award the demolition of 205 Hickory Street to Mase Excavating Company in the amount of $4,695.00 based upon the general specifications of the contract and the release by the City Solicitor. Second by CM Reese. All voted aye.

10. Motion for the first reading and introduction of City Ordinance No. 1640; an ordinance for the City of Butler to comply with the storm water management standards and criteria of the Butler County Act 167 Stormwater Management Plan. Second by CW Kline. All voted aye.

11. Motion to install “No Parking” signs the length of the new sidewalk on Pillow Street and install “Buses Only” signs on the sides of the indented area of the new sidewalk in front of Pullman Park on a 90-day trial basis. Second by CW Kline. All voted aye.

 Mayor Stock

12. Motion to approve City Resolution No. 2011-04-28 obligating $18,500.00 of City revenues to the Butler Transit Authority for fiscal year 2011/2012. Second by CM Reese. All voted aye.

13. Motion to approve City Resolution No. 2011-04-28 C, a resolution of the City Council of the City of Butler designating Butler Township as the applicant for the purpose of seeking grant monies in connection with any inter-municipal cooperative projects. Second by CM Schontz. All voted aye.

14. Motion to adopt Rules & Procedures for Public Participation in Meetings of City Council. Second by CW Kline. All voted aye.

The City Controller presented bills for payment as follows: from the general fund – $250,553.55; from the capital projects fund – $8,560.00; and, from the liquid fuels tax fund – $118,618.26 for a grand total of $377,731.81. Motion by CM Bratkovich with second from CM Schontz to approve payment of bills as presented. All voted aye.

ANNOUNCEMENTS:

MS4 announcement

WISR City Hall – CM Schontz

May 7^th – Veggie Vendor Season begins at the Farmers’ Market

Trap-Neuter-Spay-Return program began on the South Side

Scrap Metal Collection – May 28^th at Butler Memorial Park 9am – 5pm

 

 

 

 

 

 

Mayor Stock adjourned the meeting at 7:58 PM.

The following actions took place at the City’s Forum Meeting held on March 22, 2011:

 

City Council, acting the Board of Health, and under the provisions of the Third Class City Code, Section XXIII, (b) Abatement of Public Nuisances, Section 2321, found the following subject structures detrimental to public health and order their removal by demolition:

 

332-334 Virginia Ave.

112 Zeigler Ave.

505 Virginia Ave.

206-208 S Monroe St.

325 Federal St.

312 Eau Claire St.

546 W. Brady St.

 

Motion by Mayor Stock. Second by CW Kline. All voted aye.

 

 

MONTHLY & ANNUAL DEPARTMENT REPORTS

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

 

 

All department reports for the month of February, 2011 were approved by individual, unanimous votes.

 

 

COUNCIL REPORTS/ACTIONS

 

Councilman Schontz

 

1. Motion for the second reading and adoption of City Ordinance No. 1638 formally adopting the extension of Hollywood Drive as a public street. Second by CM Reese. All voted aye.

 

 

2. Motion for the first reading and introduction of City Ordinance No. 1639 amending Chapter 260, the zoning ordinance of the City of Butler, to add retail and wholesale stores as permitted uses in the M-1 and M-2 zoning districts, to permit one and two family dwellings classified as non-conforming uses in C-1, C-2, M-1 and M-2 zoning districts to add accessory structures subject to the R-3 developmental standards and modifying the definition of “occupancy permit” to require all new businesses, relocated businesses, businesses where a change in ownership has occurred and home occupations must obtain an occupancy permit for zoning compliance. Second by CW Kline. All voted aye.

 

3. Motion to approve payment to AP Wise Excavating in the amount of $7,900.00 for the demolition of 335 Virginia Avenue, upon final inspection and approval of the Code Enforcement Officer. LIN 18 427 221 Second by CW Kline . All voted aye.

 

4. Motion to award the demolition of 734 Center Avenue to Mase Excavating Company in the amount of $5,075.00 based upon the general specifications of the contract and the release by the City Solicitor. Second by CM Reese. All voted aye.

 

5. Motion to pass City Resolution no. 2011-03-24C; authorizing Mayor Stock to sign an Agreement between the City of Butler and PennDOT for a supplemental Reimbursement Agreement Number 102651-C to add construction funds for the South Monroe Street Bridge Project. Second by CM Reese. All voted aye.

 

Councilwoman Kline

 

 

6. Motion to reappoint Dave Schmidt to the City of Butler Parks, Recreation Grounds & Facilities Authority to fill out the term for Mike Kelly which expires January 1, 2012. Second by CM Reese. All voted aye.

 

Mayor Stock

 

7. Motion for the second reading and adoption of City Ordinance No. 1636, an ordinance of the City of Butler amending Chapter 60 of the Codified Ordinances to add Article 33 – Cell Phone Policy Guidelines. Second by CM Schontz. All voted aye.

 

8. Motion for the second reading and adoption of City Ordinance No. 1637, an ordinance of the City of Butler amending Chapter 60 of the Codified Ordinances to add Article 34 – Drug-Free Workplace Statement. Second by CM Schontz. All voted aye.

 

9. Motion to approve City Resolution No. 2011-03-24, whereas the City of Butler hereby designates the Redevelopment Authority of the City of Butler as its agent with regard to the donation of property owned by Patricia A. Turner and located at 316 South Chestnut Street. Second by CM Schontz. All voted aye.

 

10. Motion to approve City Resolution No. 2011-03-24A, a resolution of the City Council of the City of Butler authorizing the filing of an application with the Pennsylvania Department of Community and Economic Development for participation in the Main Street Program and further authorizing the mayor and city clerk to make minor modifications to said resolution to comply with program guidelines provided that a copy of any amended resolution be distributed to all Council members. Second by CM Schontz. All voted aye.

 

11. Motion to approve City Resolution No. 2011-03-24B, a resolution of the City Council of the City of Butler authorizing the Butler Area Multi-Municipal Oversight Committee to pursue a consultant for a Model Zoning Ordinance. Second by CW Kline. All voted aye.

Mr. Joe Gray has been appointed to the Redevelopment Authority of the City of Butler to fill the term of Mike Kelly, which expires June 30, 2014.

 

The City Clerk, in the absence of the City Controller, presented bills for payment as follows: from the general fund – $240,004.01 ; from the capital projects fund – $7,510.00 ; and, from the liquid fuels tax fund – $44,793.21 for a grand total of $292,307.22. Motion by Mayor Stock with second from CW Kline to approve payment of bills as presented. All voted aye.

 

• ANNOUNCEMENTS:

 

MS4 announcement

WISR City Hall

Spring has arrived – please watch children

Reminder:   House numbers must be visible from the street.

 

 Mayor Stock adjourned the meeting at 7:20 PM.  

 

           

 

 

Motion by CM Schontz with second from CM Reese to approve the minutes of the regular City Council meeting of January 27, 2011.  

 The following actions took place at the City’s Forum Meeting held on February 22, 2011:

 City Council, acting the Board of Health, and under the provisions of the Third Class City Code, Section XXIII, (b) Abatement of Public Nuisances, Section 2321, found the following subject structures detrimental to public health and order their removal by demolition:

 522 W New Castle St

125 Knox Ave

205 Hickory St

324 Hickory St

214 S Monroe St

810 W New Castle St

226 Franklin St

Motion by Mayor Stock. Second by CW Kline. All voted aye.

MONTHLY & ANNUAL DEPARTMENT REPORTS

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

 All department reports for the month of January, 2011 were approved by individual, unanimous votes.

COUNCIL REPORTS/ACTIONS

Councilman Bratkovich

1. Motion to approve a payment in the amount of $186,833.13 to Wells Fargo Bank for debt service for the City’s 2005 general obligation bonds.   (Note: This payment includes principal of $140,000.00 and interest of $46,833.13.) Second by CM Reese. All voted aye.

 Councilman Reese

2. Based on satisfactory completion of his probationary period and a recommendation from his chain of command, motion to grant regular, full-time employment status to Hoseman Richard F. Walters, Jr. as of February 21, 2011. Second by CM Schontz. All voted aye.

Councilman Schontz

3. Motion for the second reading and adoption of City Ordinance No. 1635 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.

4. Motion for the first reading and introduction of City Ordinance No. 1638 formally adopting the extension of Hollywood Drive as a public street. Second by CW Kline. All voted aye.

 

5. Motion to approve payment to Ken Reilly Contracting in the amount of $7,450.00 for the demolition of 509 Virginia Avenue, upon final inspection and approval of the Code Enforcement Officer. LIN 18 427 221   Second by CW Kline. All voted aye.

 6. Motion to award the demolition of 335 Virginia Avenue to A.P. Wise Excavating, LLC in the amount of $7,900.00, based upon the general specifications of the contract and the release by the City Solicitor. Second by CW Kline. All voted aye.

Councilwoman Kline

 

7. Motion to approve City Resolution No. 2011-02-24; 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 the Institute Hill Playground. Second by Mayor Stock. All voted aye.

Mayor Stock

 8. Motion to ratify a revision to the City’s Civil Service Rules and Regulations governing the hiring of entry-level police officers and firefighters per Act 77 and Act 76 respectively. Second by CW Kline. All voted aye.

9. Motion for the first reading and introduction of City Ordinance No. 1636, an ordinance of the City of Butler amending Chapter 60 of the Codified Ordinances to add Article 33 – Cell Phone Policy Guidelines. Second by CW Kline. All voted aye.

10. Motion for the first reading and introduction of City Ordinance No. 1637, an ordinance of the City of Butler amending Chapter 60 of the Codified Ordinances to add Article 34 – Drug-Free Workplace Statement. Second by CM Schontz. All voted aye.

11. Motion to authorize the BAMM Plan Oversight Committee to pursue the hiring of a consultant for the preparation of a Model Ordinance (from which all five municipalities could draw from to update their individual codes). Second by CW Kline. All voted aye.

12. Motion to approve Pennsylvania Heart & Lung Act benefits for Patrolman Erik J. Hertzog beginning on February 4, 2011 for a work-related injury he sustained on February 4, 2011. Second by CM Reese. All voted aye.

The City Controller presented bills for payment as follows: from the general fund – $414,212.07; from the capital projects fund – $8,156.47; and, from the liquid fuels tax fund – $69,570.57 for a grand total of $491,939.11. Motion by Mayor Stock with second from CM Schontz to approve payment of bills as presented. All voted aye.

ANNOUNCEMENTS:

MS4 announcement

WISR City Hall – Treasurer, Jon W. Campbell

Reminder to residents concerning Chapter 226: See below

Mayor Stock adjourned the meeting at 7:22 PM.