Council Meeting Minutes – July 9, 2015

A regular meeting of Washington City Council was held Thursday, July 9, 2015 at 7PM in Council Chambers, 55 West Maiden Street, Washington, Pennsylvania.  Mayor Brenda Davis, presiding, opened the meeting.

ROLL CALL:    Councilwoman Tracie Graham – Absent

Councilman Kenneth Westcott – Present

Councilman Joseph Manning – Present

Councilman Terry Faust – 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 directly after the Agenda Meeting on Monday, July 6, 2015 to discuss personnel and litigation.

An Executive Session was held prior to this Council Meeting to discuss property liability insurance with two different carriers.

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve the minutes of the June 4, 2015 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:

  • Ron McIntyre gave the June report for the Code Enforcement Department. There were 164 calls for service, 57 violation notices were mailed out, and 7 citations were issued.  Total monies collected:  $8,347.92
  • Chief Chris Luppino gave the June report for the Washington Police Department. There were 856 calls for service, 8,300 miles patrolled, 62 traffic citations issued, 38 non-traffic citations issued, and 69 criminal arrests were made.  Total monies collected from fingerprinting, reports and release forms was $875.00
  • Henry Cincinnati spoke about the article that appeared in the Observer Reporter regarding 2 City homes being slated to be demolished. He stated that Council declared these buildings a public nuisance.  Henry said it has been 9 months since this article appeared, and he said that he has seen no action taken.  He said that City Solicitor, Jack Cambest, took a different approach and suggested that the owner can still save their property if they applied for a building permit to make improvements on their house.  Henry stated that no building permit was purchased nor any improvements were made.  However, the clock is ticking in the time frame — the demolition of the properties would likely begin within 60 to 90 days.  It is 9 months today.  He wanted to know what action is getting taken.

COMMENT:  Mayor Davis stated that the owners of these 2
properties have filed a lawsuit against us.

Solicitor Cambest said that the owners filed an
appeal with the decision of Council and is now in
Common Pleas Court.

Henry then confirmed that he does not have to take any action.

COMMENT:   Solicitor Cambest said, “no”.

Mayor Davis said that this is part of their due-
process rights that they are entitled to have once properity is declared a public nuisance.  So the procedure has been started and they are able to ask for their rights to be processed through the Court of Common Pleas and that is what they are doing right now.

Henry asked, “why aren’t they making any improvements?”

COMMENT:  Mayor Davis said, “they are waiting to see what
occurs from the lawsuit.  They are waiting for a
Judge to be selected to hear the case.  At least the
process has been started.”

  • Karen Nicholls directed her question to Councilman Westcott. She asked when and what is going to be done to her back yard / storm drainage.

COMMENT:  Councilman Westcott said that a camera has been
installed last week and it was determined that the
break in the line is not directly under the
subsidence.  It is actually 4 feet from that area.
At this point our engineering firm, Widmer
Engineering, is putting together a plan on how to fix
that pipe.

 

Karen asked, “so you don’t know yet how you are going to fix it?”

 

COMMENT:  Councilman Westcott said that he is not an engineer
and he is waiting to hear from Widmer Engineering.

 

Karen then asked . . . the first camera showed a separation and Mr. Stout marked that separation with an X and a circle around it.  But the second camera showed that the pipe was 4 feet away from that original pipe.  How can the pipe be 2 different pipes – there is only 1 pipe.  Where is the correct location?

COMMENT:  Councilman Westcott said, “he did not see what the
camera found.”  His understanding after talking to
Mr. Stout and Sarah Boyce, from Widmer
Engineering that the first camera used was from
Washington East Washington Joint Authority.  It
could only go so far and that is where it stopped and
the determination was made that the break was
there.  Once we got the bigger camera from the
other company – it was able to be determined that
the actual break was 4 feet beyond that.

 

Karen said so where Mr. Stout marked . . .

 

COMMENT:  Councilman Westcott confirmed that where Mr.
Stout marked is not the break – the break is 4 feet
beyond that.

 

Karen said that every time it rains hard she gets more sinkholes in her yard.  There are kids that constantly cut through her yard and she is afraid that one of them is going to fall and break their leg and sue her.  She will have to come back on the City.  She said that you can’t tell the kids not to come through her yard because they will do it anyway.

 

COMMENT:  Councilman Westcott said that he understands this
and all they are waiting on engineering and decide
how the problem will be fixed.  They are not filling
it in right now because we need to fix the problem
first before they fill it in.  It will continue to
subside, unfortunately.

 

Karen asked if Councilman Westcott knows when he will be letting her know.

COMMENT:   Councilman Westcott said that he hopes the first of
next week he will hear from the engineering firm
on how this can be best addressed.  He told Karen
that he has her number so as soon as he hears . . .

 

Karen asked if a sleeve would be put in there or are you going to dig it up?

 

COMMENT:  Councilman Westcott said, “I don’t know, I can’t
answer that.”

 

Karen said that she will wait for Councilman Westcott’s call.

 

COMMENT:   Councilman Westcott said that the most important
thing is that the problem gets fixed so that the
pavilion came be built.  Right now we want to make
sure that things are done right and that is why he is
waiting to hear back from Sarah Boyce.  Once we
have this information we will be able to make the
fix.

 

  • Phyllis Waller said that she is here again. She said that she attended the Agenda Meeting this past Monday evening.  She read the following letter that was sent on July 6, 2015:

 

The NAACP Washington Branch and the Homeowners of the Highland/
Ridge area have been concerned for several years in regard to the encroachment of a business being placed in our residential area.  We did          

not build or buy our homes knowing that our residential area would be changed without our knowledge. 

 

The following questions, which have been asked several times, need answered in writing:

 

  1. When did the lots behind Murtland Avenue become a business lot?
    Day, Month, and Year.  Who made the decision?

 

  1. When did the lots behind Murtland Avenue become business lots?

Day, Month, and Year.  Who made the decision?                                                                                                                                          

Lots – Behind Papa John

                       Behind Rhonda Dungee’s house, she lives on Erie Street
Along Pine Street
Lot on Erie Street

 

Again, we are requesting Day, Month, and Year this change was made and also who made this decision.

  1. Does Budd Baer own any alleys in our area? If so, give day,
    month and year decision was made and who made this decision.
  2. Are the homeowners ever allowed to have their thoughts, concerns
    addressed before a business can encroach into a residential area?

 

  1. Is traffic from Budd Baer going to affect our neighborhood?

 

  1. Do we have to look at these cars in our residential area? Was this
    considered?

 

  1. Will this affect more traffic in our residential area? Was this
    considered?

 

Again, please answer these questions in writing.  I believe the homeowners are entitled to know!

 

Phyllis said that she believes that their Civil Rights have been violated.

 

Respectfully, Phyllis Waller, President

 

 

 

  • Georgianna Farkus addressed Mayor and Council about having a Drug and Alcohol Program for our City’s member of Council. She said that she is an advocate of the City of Washington.  She said that in her opinion
    people should not come to work drunk, argue with their colleagues, and when the public comes to speak there should be no talking down to the public.  The public should be given the utmost respect because the public is doing their job as citizens of the City.  Georgianna asked if the City already has this role in place for 2015.  The workplace, back when she punched a time clock or even any job that she does today, she cannot go to work drunk.  If that would happen then how did she get there?  You either have to walk or drive and this person has a vehicle sitting outside and she knows that they drove.  Arguing with other people because of the fact that they did not agree with the other Councilmen . . . that the other two wanted to vote differently or have their own opinions . . . why should this be going on at our meetings?  Fighting to the extent of challenging one another as Councilmen to actually ask them, “do you want to step outside?”  This is ridiculous. Georgianna said that she felt that Councilman Westcott handled himself appropriately – he did not even bat an eye at the innuendos at the meeting.  Terry Faust is way out of line in arguing with his other people.  Joe Manning was sitting right next to him and Terry Westcott was actually bullying him throughout the whole meeting because of the subject of the Pony things that were going on at the Park.  When is enough — enough?  We voted these people in.  We should not have to put up with the slurred speech, the arguing, the challenging, getting loud to the point that they are offending the people . . . why should we have to continue to show the respect as an advocate of the City?   We’re paying our taxes; we voted these people in, maybe some, maybe not.  However, it is the respect thing.   Drinking and driving is against the law.  Where there is a problem there is always a solution.  You don’t have to argue amongst yourselves. This should be something that is a respect for your colleagues and for anybody who wants to come up here for whatever they want to speak on.  Georgianna said that she also mentioned this to the City Solicitor . . . this person is not drunk tonight so apparently the memo did get out that she had put out there.  Georgianna said that she commends our Solicitor for speaking to this person about this.  Outbursts should not happen here at City Hall.  They are here to do a job.  Georgianna questioned Mayor and Council – if we have the rules that are already on the docket for 2015 – the solution she proposes if you are seen doing drugs or drinking on any level that the Solicitor should demand that a drug test be taken.  If they fail then the cost is to be paid by them, if they pass it then the City would pay pick up the tab for having the wrong ideas.  She does not think if you can smell it, or slurring words, arguing and the whole nine yards – the writing on the wall.  I think that it is disrespectful for all of us that Terry Faust has come to this meeting, month after month, drunk.  Tonight he is not and I have to commend him for that.

So do we have this on the table or we don’t . . .

A motion was made by Councilman Faust, seconded by Councilman
Manning that this will stop.  Councilman Faust asked, “all in favor,
Mayor?”

 

COMMENT:  Mayor Davis asked, “what do you mean – stop her
public comment?  There are still people signed in to
speak.”

 

Councilman Faust said, “her closing comment – just
her.”

 

Georgianna said, “so I am not entitled to my right of my opinion.”

 

COMMENT:   Councilman Faust stated, “you are slandering me.”

 

Georgianna said, “the truth is the truth; and it is in my opinion.  This is still America and I still have the right to speak.”  My question to Mayor is, the very first question that I had asked, does the City have the right to have this in place today?”

 

COMMENT:  Councilman Faust said, we already made a motion,
we’re not going to act on that, we have a second –

Mayor, are we not going to act on this?”

Mayor Davis said, “listen, this is public comment
and you want to shut the public up?”

 

Councilman Faust said, “she is slandering.”

 

Mayor Davis said, “she hasn’t even been given her
whole five minutes yet.”

 

Councilman Manning said, “she is making personal
attacks.”

 

Georgianna said, “it is in the right of my opinion to speak on whatever I choose to speak on.  If he comes to the City Hall meeting drunk and disorderly . . . I think that I have the right to address this issue.”

 

COMMENT:   Mayor Davis said, “you have one more minute,
Georgianna.”

 

Georgianna proceeded by saying, “my question, again is, do you have this implemented in the rules and regulations that one can not come to work drunk or on drugs.  That is my question.”

 

COMMENT:  Solicitor Cambest stated, “the simple answer to that
is Council does not have a policy to that affect.  There may be
policies with some of our employees, union members . . . he said
that he is just talking off the top of his head . . .  he is not sure
what the extent of those drug and alcohol policies are . . .but we
do not have a policy as a Council to that affect.  You are correct
that you have a right to have an opinion, but that opinion should
be based on – if we say that somebody is under the influence of
drugs or alcohol – based on your own opinion that’s one thing, but
we don’t necessarily do that and should be able to prove that by a
breathalyzer test or something in that nature. We just can’t make
that statement.  You have your opinion to say I believe the way
someone is acting . . . I believe they may be under the influence of
drugs or alcohol.  But we can’t do anything about that unless there
is some actual proof.  You need proof to do that.

 

Georgianna said, “well, last meeting was proof.   Thank you.”

  • Georgia Ballentyne complimented and thanked our Police Department for a job well done on July 3rd. On July 3rd there was a vacant property that is located near them.  This vacant property’s door was open.  She called 911 and our Police arrived within 6 minutes.  There was nothing wrong and the Police locked up the premises and left.

 

  • Chief Brookman was on vacation for this meeting. He has asked since then that these reports be included in the July 9, 2015 Minutes.  The reports are as follows:

The Building Department had 28 permits issued during the month of June.  These permits included:  11 residential, 7 commercial, 4 dumpster, 2 demolition, 2 sign,  and 2 fence permits.  There were 20 Occupancy Certificates issued.  Total fees collected were $3,044.  There has been 84 year-to-date permits issued and $11,319.78 year-to-date total fees collected.  The Fire Department had 186 total calls – 36 of these were medical calls.  All other calls were fire related.

 

There being no further public participation, Mayor Davis closed this portion of the meeting.

 

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Traffic Control Equipment & Supplies Co., Inc. in the amount of $243.00 for replacement of pushbutton (NW corner pole for crossing Beau
Street.)  CHARGE 03.00/433-378 (Liquid Fuels Fund – Traffic Signal Maintenance)
A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Ashley Truck Service in the amount of $5,320.17 for the following for Truck 54, Spartan/Toyne:  4 brake cans, 4 Gunite slack adjusters, labor and
installation, and shipping.  CHARGE 33.00/411-370 (Fire Protection – Vehicle                        Maintenance & Repairs)

 

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Selective Insurance Company in the amount of $24.00 for addition of (2) 2015 Police Vehicles #053 and #054 to City of Washington’s Commercial Insurance Policy. Two Police vehicles were deleted from the policy — this is the
difference owed.  CHARGE 01.60/486-350 (Insurance – Liability)
A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Custom Car Graphics & Windshield Banners in the amount of $4,880.00** for street signs.  CHARGE 77.00/433-700 (Electrical Capital
Improvements Fund — Street Signage Project)

(A motion was approved at our May 7, 2015 Council Meeting to approve and authorize
purchase and payment in the amount of up to $18,000.00 for these new flat street name
signs.  **This amount represents a portion of this previous authorization.)
A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Widmer Engineering in the amount of $4,132.50 for May Items.  CHARGE 01.43/430-313 (Engineering Services)
A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Widmer Engineering in the amount of $1,520.00 for Burton Avenue Phase One.  CHARGE 77.00/430-700 (Public Works – Capital Improvements
Fund)

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Widmer Engineering in the amount of $3,045.00 for Dunn Avenue Sidewalk.  CHARGE 01.43/430-313 (Engineering Services)
A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Widmer Engineering in the amount of $450.00 for Tennis Courts.  CHARGE 01.43/430-313 (Engineering Services)
A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Dodaro, Matta, and Cambest, P.C. in the amount of $7,143.20 for services rendered through 6/26/2015, includes monthly retainer and AFK Court
Reporting Invoices.  CHARGE 01.13/404-310 (Solicitor Professional Services)
A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to US Bank in the amount of $1,150.00  —  for Dissemination Agent Fee of $600.00 and the Paying Agent Fee of $550.00 for City of
Washington GOB Series B of 2012.  CHARGE 01.90/475-319 (Fiscal Agent Fees)
A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to US Bank in the amount of $1,100.00 for Paying Agent Fee for the City of Washington GOB Series B of 2005.
CHARGE 01.90/475-319 (Fiscal Agent Fees)
A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Skelly & Loy in the amount of $4,076.05 for Engineering (April 12, 2015 – May 23, 2015).  CHARGE 66.00/446-310 (Catfish Creek)
A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve refund to Roger W. and Jo A. Jacobs in the amount of $491.55 due to tax roll change from Washington County Tax Revenue Department (effective 2010 –
2014 Appeals Board).  This is for 2010 – 2014 Washington City Real Estate taxes
on parcel number:  750 038 00 01 0020 00 (863 E. Wheeling Street).
CHARGE 01.00/301-020 (Prior Year Taxes)

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve FINAL Reading of the following Ordinance:

 

ORDINANCE NO. 1868 BILL NO. 4 OF 2015

AN ORDINANCE OF THE COUNCIL OF THE CITY OF WASHINGTON, WASHINGTON COUNTY, PENNSYLVANIA, ADOPTING A STORMWATER MANAGEMENT PLAN PURSUANT TO THE PENNSYLVANIA STORMWATER MANAGEMENT ACT (ACT 167), PROVIDING FOR STORMWATER MANAGEMENT STANDARDS, ESTABLISHING FEES AND EXPENSES AND PROVIDING FOR THE ENFORCEMENT THEREOF.

 

 

 

FIRST READING OF ORDINANCE NO. 1869 BILL NO. 5 OF 2015:

 

AN ORDINANCE OF THE CITY OF WASHINGTON PERMITTING ALARM DEVICES TO BE CONNECTED DIRECTLY TO THE 911 DISPATCH CENTER AND REGULATING THE OPERATION, MAINTENANCE AND TESTING THEREOF; PROVIDING FOR THE ISSUANCE OF PERMITS AND THE ASSESSMENT OF CONNECTION FEES AND FINES FOR FALSE ALARMS; AUTHORIZING THE ADMINISTRATION AND ENFORCEMENT OF THESE REGULATIONS AND APPEALS THERFROM; AND PRESCRIBING PENALTIES FOR VIOLATION.

 

                                           *** No Vote Required***

 

FIRST READING OF ORDINANCE NO. 1870 BILL NO. 6 OF 2015:

 

AN ORDINANCE REQUIRING ALL PERSONS, PARTNERSHIPS, BUSINESSES, AND CORPORATIONS TO OBTAIN A PERMIT FOR ANY CONSTRUCTION OR DEVELOPMENT; PROVIDING FOR THE ISSUANCE OF SUCH PERMITS; SETTING FORTH CERTAIN MINIMUM REQUIREMENTS FOR NEW CONSTRUCTION AND DEVELOPMENT WITHIN AREAS OF THE CITY OF WASHINGTON WHICH ARE SUBJECT TO FLOODING; AND ESTABLISHING PENALTIES FOR ANY PERSONS WHO FAIL, OR REFUSE TO COMPLY WITH, THE REQUIREMENTS OR PROVISIONS OF THIS ORDINANCE.

 

*** No Vote Required ***

 

 

 

FIRST READING OF ORDINANCE NO. 1871 BILL NO. 7 OF 2015:

 

AN ORDINANCE OF THE CITY OF WASHINGTON, WASHINGTON COUNTY, PENNSYLVANIA AMENDING CHAPTER 20, ALARM SYSTEMS, CHAPTER 20, PART 1; AMENDING GARBAGE AND RUBBISH COLLECTION AND DISPOSITION.

 

*** No Vote Required ***

 

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve the following Resolution:

 

RESOLUTION NO. 8 OF 2015

 

                        WHEREAS,  The Commonwealth of Pennsylvania, Department of Transportation is the agency charged with granting permits to allow the placement of signs or banners within state right-of-ways; and

 

WHEREAS, The Department of Transportation requires the City of Washington to pass a resolution to authorize the placement of banners or signs and to set certain limits on said banners or signs; and

WHEREAS, The City of Washington wishes to allow banners or signs relative to national, regional or local functions, or charitable affairs.

 

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning and carried, to

approve MEMORANDUM OF UNDERSTANDING:

 

MAYOR AND COUNCIL APPROVE 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 DIRECTOR OF ACCOUNTS AND FINANCE OF SAID MUNICIPALITY IS AUTHORIZED AND DIRECTED TO SUBMIT AGREEMENT #R15120003, WASHINGTON STREETSCAPE PH 3 TO BE APPROVED AT THE NEXT REGULAR COUNCIL MEETING ON JULY 9, 2015.


(THIS IS RESOLUTION NO. 9 OF 2015)

 

                        ROLL CALL:    Councilwoman Tracie Graham – Absent

Councilman Kenneth Westcott – Yes

Councilman Joseph Manning – Yes

Councilman Terry Faust – Yes

Mayor Brenda Davis – No

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve MEMORANDUM OF UNDERSTANDING:

 

MAYOR AND COUNCIL APPROVE THE PAYMENT OF $1,600.00 TO AUDAS & ASSOCIATES INC. TO COMPLETE APPRAISAL ON PARCEL #710-004-00-00-0002-00 PHASE III PROJECT TO BE CHARGED TO THE GENERAL FUND RESERVE FUND 46.00/430-740 TO BE APPROVED AT THE NEXT REGULAR COUNCIL MEETING ON JULY 9, 2015.

 

 

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and
unanimously carried, to approve the following Budget transfer:

  1. a) $203,059.00  FROM  the General Fund 01.70/492-995  TO  Capital Improvement
    Fund 77.00/392-900  as appropriated in the 2015 adopted Budget.

 

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve Change Order #7 with Gary Metzinger Cement Contract, Inc for
Catfish Creek Storm Site 4 Project in the amount of $3,550.00
CHARGE 66.00/446-610 (Catfish Creek Project Fund)

 

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve application from Jim Hough (Mingo Creek Craft Distillers LLC)
at 68 West Maiden Street.

 

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and
unanimously carried, to approve Washington Business District Authority to fill vacant Board position through the rest of 2015 with the following person:  Angela Burgess of A&M Wine and Beer Supplies and the Washington Winery – owner of property and this business located at 202 South Main Street.

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve execution of an Assignment of Lease Agreement for Transit vehicles between the City of Washington and Washington County Transit Authority.

 

 

Motion Number 15:     A motion was made by Mayor Davis, seconded by Councilman
Westcott, and unanimously carried, to table this motion – however motion was then not tabled and was approved as listed below.

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to express the sense of City Council regarding recommendation to the Washington County Commissioners of two representatives for appointment to the Washington County Transportation Authority Board.  Those names being:  Councilman Ken Westcott and Mayor Brenda Davis.

 

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and carried, to approve payment to CT Consultants for Amendment No. 18 for addition work scope on Phase III South Main Street in the amount of $9,000.00  CHARGE 96.00/446.000 (Marcellus Shale Impact Fee Fund).

 

COMMENT:  Councilman Westcott asked if this was the final
payment.

 

Councilman Faust said, “yes – that is what Jack
wrote down in an email.”

 

Mayor Davis commented by asking that it wasn’t
just a couple of months ago they told us that if we
paid them $20,000.00 that being all we owed them
so now they are saying we owe them another
$9,000.00 and that passes the $20,000.00 that we
gave them a couple of months ago?

 

Solicitor Cambest said that it was our understanding
at Monday night’s Agenda session that it was a
result of some revisions made by the State – that
they had to do the additional work.  Then,
Councilman Faust said this is the final time – make
sure that you draft language that says that.  We will
not pay any more than $9,000.00

 

Mayor Davis said we have paid them $30,000.00 in
the last probably three months.

 

ROLL CALL:    Councilwoman Tracie Graham – Absent

Councilman Kenneth Westcott – Yes

Councilman Joseph Manning – Yes

Councilman Terry Faust – Yes

Mayor Brenda Davis – No

 

 

 

Motion Number 18:    Mayor Davis said that this motion would be the last one on the Agenda because additional information would be coming in.

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve proposal with Widmer Engineering Inc. for the Burton Avenue
Storm Water Sewer Project 2015 in the amount of $13,200.00

 

COMMENT:  Councilman Westcott said that he was up there
Monday evening and Kevin and a couple of homes
there had to have their basements pumped out.

 

 

A motion was made by Councilman Faust, seconded by Councilman Manning, and unanimously carried, to approve proposal with Widmer Engineering Inc. for the Washington Park Tennis Court Rehabilitation in the amount of $9,250.00

 

 

A motion was made by Councilman Faust, seconded by Councilman Manning, and unanimously carried, to approve proposal with Widmer Engineering Inc. for the Colt Field LSA Storm Water Project 2015 in the amount of $10,000.00

 

COMMENT:  Councilman Faust stated that he is pretty passionate
to reflect on the unpopular decisions that have to be
made here.  He was with people that actually had to
raise taxes and had to come out of the 2.1 million
deficit, no blame to put there, just coming back and
bringing ourselves back to this.  Some of the
comments made earlier were related upon how
passionate he is because the only thing we have to
off-set our cost is the revenue source that we have
and hope that we have.  Whenever we have this
particular amount of money being spent on this Colt
Field, which is used for youth baseball as
Washington lease those fields, and we come to
reason of giving them a reprieve on a certain
amount of money, whether it’s improvements or
whether it’s by a situation on where they were in
financial distress to get them back on their feet
and other organizations he sees that we were
spending $10,000.00 there.  He said that he
spearheaded a $150,000.00 grant from the
Commissioners from the LSA to correct some
of the things out there, to make everything useful,
better.  Councilman Faust said that he is very
passionate about giving out money – he is not
looking to charge more money but to stay status
quo.  He continued by saying that when we have a
deduct, okay, from the revenue coming in , and we
are looking at $10,000.00 here and the engineering
and the City is spending $20,000.00 in the match
for that LSA – that’s a lot of money for youth
baseball for a baseball field.  That is what this is all
about.  Now, when my colleagues agree or disagree

at times – it is done it is over, it is a walk out, we
walk out.  We come back in, we collaborate and
continue to move forward and continue to move
forward with what we have to do for the City.  The
City is at our best.  Things may get heated, some
people say it’s portrayed one way or another.  But it
is certainly not that way.  It is the passionate that I
have for the City.  You can say that I am off the
wall but Councilman Faust said that he is passionate
about the City.  He is not saying his colleague was
wrong and maybe he went too far.  That is us being
up here and not someone else viewing us and taking
their own observations and reading a lot more into it
than that.  Basically, we have to watch our revenue
and be conservative.  I am passionate about that.
This $10,000.00 has a number tied to it, $6,000.00
and it could have far been less, could have been
better than 50% of $10,000.00 we would have
had to spend if we would have had the revenue for.
But, there is not one up here that I don’t respect and
give full respect for.  However you categorize me or
put me in a picture frame this is my responsibility
and I represent 13,600 people out there that I am
fortunate and blessed to have the opportunity to
serve.

 

Mayor Davis said that she wanted to clarify
something and it may be perplexed for some.
Last month, Washington Youth Baseball got a
$6,000.00 reprieve for the improvements they made
for the fields.  Last year, TWIST Softball got
the same sweet deal; however that was never
brought before Mayor and Council to vote on.
Washington Youth Baseball came in this year and
asked us if they could have the same reduction they
were afforded last year that he gave TWIST before
bringing up before a vote.  So, it’s contradicting
when you do one thing, single-handedly last year,
and then this year when another organization comes
and asks for the very same thing . . . oh my we’re
taking revenue away from the City of Washington.
Well, last year one person took $6,000.00 revenue
away from the City of Washington and this year it
was the majority on Council.  So this year we did
exactly what we were supposed to do and what was
afforded to discuss before the public.  Mayor Davis
said that she wanted all to know that last year
TWIST Softball got the same exact $6,000.00
reprieve but it was never voted on by Mayor and
Council.

 

Councilman Faust said that TWIST Softball was in
financial distress.  They owed the City over
$30,000.00 – they had some misfortune and had
some internal people who were not paying the bills.
He said he sat before Mayor and Council to help
TWIST make it right, put them on a payment
schedule.  They said that they supported me because
they trusted me.  However, it turns now that we
didn’t discuss this, but we did.  We did not vote on
this.  I brokered a deal to make sure that TWIST
did not be a detriment in their organization because
of what they mishandled, and it was a responsibility
of the City to follow this.  He said he was in charge
of this department and it fell on his charges.  You
may twist it one way or another but the truth is what
it is.  If you would like to call Sam Puglisi from
TWIST and he will cordially tell you how the City
helped them get back on their feet.  They have made
payments, they have gotten back and will be in full
payment by the end of the year.

 

Mayor Davis added that TWIST actually
approached Washington Youth Baseball to hold up
the money instead of paying the City of Washington
their yearly fee.  They both had the money to pay
the fee . . . they wanted to see how long it would
take before the head of that department would
figure out that they money did not come in.  It took
3 years.  It was the City Clerk who realized that that
money and revenue had not been coming in.  At
point it was not at $36,000.00 that they owed the
City but Washington Youth Baseball chose to
continue to pay because they did not want to play
politics like TWIST did.  So, I have to thank the
City Clerk for finding that they had not paid for 3
years.  That is the information that was given to her
and she wanted to share this with you all.

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve proposal with Widmer Engineering Inc. for the Dunn Avenue
Sidewalk Project in the amount of $11,000.00

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve advertisement for the Dunn Avenue Sidewalk Project.

 

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve payment to Quality Quick for Metal Outdoor Signs for the Drop-
Off Area Phase I in the amount of $982.00   CHARGE 96.00/454-000 (Marcellus Shale
Impact Fee Fund) (This amount will be reimbursed after Grant Funds are received.)

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve the payment to Quality Quick for flyers, brochures, and indoor
signs for the Drop-Off Area Phase I in the amount of $2,318.00  CHARGE 96.00/454-
000 (Marcellus Shale Impact Fee Fund)  (This amount will be reimbursed after
Grant Funds are received.)

 

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve accepting proposal from Palermo Kissinger & Associates to
perform the 2014 – 2015 transit fiscal year audit and prepare financial statements at a
cost of $6,950.00

 

 

Motion Number 27 From The Agenda:  Letter L was pulled from this motion.  A – K, M and N were approved.

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve Transit payment to MV Transportation, Inc. in the amount of $47,473.80 for contracted public transit fixed route services performed in June 2015, 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 Councilman Manning, and unanimously carried, to approve Transit payment to Washington County Transportation Authority in the amount of $12,352.58 for contracted public ADA paratransit services performed in May
2015, 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 Councilman Manning, and unanimously carried, to approve Transit payment to Coen Oil Company in the amount of $9,357.48 for the purchase of fuel for the public transit vehicles in May 2015, to be paid from the Mass Transit Account upon verification by the Finance Department that the stated transit funds
are available.   CHARGE 28.00/447-231

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve Transit payment to WEWJA in the amount of $11.30 for sewage usage at the ITF in June 2015, to be paid from the Mass Transit Account upon verification by the Finance Department that the stated transit funds are available.   CHARGE 28.00/447-359

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve Transit payment to PA American Water in the amount of $367.23 for water usage including Late Fees, in June at the ITF in May 2015, to be paid from the Mass
Transit Account upon verification by the Finance Department that the stated transit funds are available.   CHARGE 28.00/447-359
A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve Transit payment to West Penn Power Company in the amount of $699.88 for electric usage including Late Fees in June 2015 at the ITF, to be paid from the Mass
Transit Account upon verification by the Finance Department that the stated transit funds are available.   CHARGE 28.00/447-359

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve Transit payment to Comcast in the amount of $103.63 for internet service in June 2015, including Late Fees 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 28.00/447-359
A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve Transit payment to Verizon in the amount of $413.94 for service charges for June 2015 at the ITF, to be paid from the Mass Transit Account upon verification by the Finance Department that the stated transit funds are available.  CHARGE 28.00/447-359

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve Transit payment to Bankcard Services in the amount of $10.19 service charge for June 2015, 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 Councilman Manning, and unanimously carried, to approve Transit payment to Corson Custom Graphic in the amount of $244.00 for Transit Parking Signs at the ITF, 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 Councilman Manning, and unanimously carried, to approve Transit payment to Fleeher Contracting, LLC #3 in the amount of $86,707.02 for contracted services performed on PHASE II of the ITF through June 2015, 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 Manning, and unanimously carried, to approve Transit payment to Controlled Climate Systems, Inc. #2 in the amount of $8,100.00 for contracted services performed on PHASE II of the ITF through June 2015, 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 Manning, and unanimously carried, to approve Transit payment to Controlled Climate Systems, Inc. #3 in the amount of $5,850.00 for contracted services performed on PHASE II of the ITF through June 2015, 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 Manning, seconded by Councilman Westcott, and unanimously carried, to authorize the execution of a Consent to Assignment of the Fare System Interoperability Agreement between the Port Authority of Allegheny County, the City of
Washington and the Washington County Transit Authority.

 

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to authorize the execution of the Fare System Participation Agreement between the Port Authority of Allegheny County, Westmoreland County Transit Authority, Butler Transit Authority, Mid Mon-Valley Transit Authority, Fayette Area Coordinated Transportation, the City of Washington and the Washington County Transit Authority.

 

 

A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to approve the execution of an Assignment Agreement between the City of
Washington and Scheidt & Bachmann, USA, Inc.

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning, and unanimously carried, to approve the execution of a Consent to Assignment of Fare System
Participation Agreement.

 

 

Motion Number 31 From The Agenda:

 

COMMENT:  Solicitor Cambest asked that we amend
this motion to delete Fare System Participation
Agreement and insert a Consent to Assignment to
MV Transportation.

 

 

A motion was made by Councilman Westcott, seconded by Councilman Manning and unanimously carried, to approve the execution of a Consent to Assignment with MV Transportation.

 

 

Motion Number 32 From The Agenda:   Duplicate Motion, it was deleted.

 

 

Mayor and Council went into an Executive Session to discuss Property and Casualty Liability Insurance.

 

Meeting resumed from Executive Session.

 

 

Mayor Davis announced that Motion #18 From The Agenda, which lumps 4 motions into one, will now be voted upon.

 

COMMENT:  Mayor Davis commented on C first.  Going with a
new insurance carrier . . . our current carrier, who
we have been with for approximately 10 years, who
has came to the City with substantial numbers that
we have worked really hard to get our premiums
and our deductibles down.  Mayor Davis said that
she would like to thank B & W for working with us
through our trials and tribulations because it was
not very easy in some point in time.  I would like to
state that the EHD plan increases our deductibles
when it comes to collision and comprehensive from
$500.00 to $1,000.  It also increases our property
liability deductible from $1,000.00 to $2,500.
So, we are looking at unknown costs going with a
new company.  It may look and appear that we are
getting a savings but in essence once the claims
start coming through the premium does not look as
good as it did when presented.  In this plan, we are
told by EHD that it is covering 33 of our vehicles –
we are told by EHD that that is okay because our
total value aggregate is $3 million 5 hundred and 75
thousand dollars.  So, it doesn’t matter how many
cars are in our fleet because our total value for our
aggregate is 3.75 million.  Now, they indicated that
in our current policy our aggregate is 3.147 which is
slightly less; but our current policy has the correct
number of cars that we are actually covering.  We
are being promised that our premium is not going to
be going up once they need to add these 10 vehicles
onto this policy.  I need to go on record to say our
policy is not going to increase once EHD adds these
10 vehicles that they are currently missing in our
policy.  Our coverage through EHD does cover
Cyber.  We were given a proposal through B & W
that would cover Cyber; but at this point we had
chosen not to go with Cyber.  But, with this
coverage we’re getting ready to vote on it excludes
more than our current policy.  Abuse and
molestation is one that this policy is excluding and
that is very risky.

 

Mayor Davis then commented on D which pertains
to Grant Writing.  We interviewed 3 candidates for
Grant Writers — we had 2 African Americans and 1
white male.  Unfortunately, it appears that the
white male is getting the job.  It was not even
entertained that the African Americans could have
even moon lighted with us or took on foundation
Grant Writing.  It was an absolute no discussion –
we have to have the white male be the Grant
Writer.  Mayor Davis said that she wanted the
public to know that the 2 African Americans came
in with really high credentials and it wouldn’t have
hurt the City of Washington to have 2 Grant
Writers – one that specializes in the state and one
that specializes in foundation.  Unfortunately, a
discussion was not warranted.

 

Councilman Manning said that Mayor Davis’s
insinuation is completely inappropriate.

 

Mayor Davis said that she is just telling you like it
is.

 

Councilman Manning then said he did not hear
Mayor Davis championing the other 2 candidates.

 

Mayor Davis said that Councilman Manning left
early that night.

 

Councilman Manning said we interviewed them, it
does not matter that he left early.  We had another
meeting.

 

Mayor Davis then stated again, Councilman
Manning was not there, he was not there.

 

Councilman Manning said that Mayor Davis agreed
to go with the other Grant Writer.

 

Mayor Davis said that she absolutely did not agree.

 

Councilman Westcott said that he thought there was
a vote taken – a unanimous vote.

 

Councilman Manning stated yes and it’s on the
record.

 

Mayor Davis then stated that she recalls for the last
couple of months that Council tried to put an
agreement in front of her that was for an Engineer
and a Grant Writer.  Mayor Davis said that she
absolutely refused to sign it; now, we have the
correct agreement that is for a Grant Writer and we
will see how the vote goes.

 

 

A motion was made by Councilman Manning, seconded by Councilman Faust, and carried, to approve purchase of a Bobcat 3650 (MY13) (4 X 4) diesel Deluxe in the amount of
$27,406.31 from Bobcat of Pittsburgh.  CHARGE 77.00/454-700 (Capital Improvement)

 

ROLL CALL:    Councilwoman Tracie Graham – Absent

Councilman Kenneth Westcott – Yes

Councilman Joseph Manning – Yes

Councilman Terry Faust – Yes

Mayor Brenda Davis – No

 

A motion was made by Councilman Manning, seconded by Councilman Faust, and carried, to approve payment to SMARDT Equipment for New Holland 1,230 Skid-Steer Loader for
the Drop-Off Area Phase I in the amount of $69,227.00   CHARGE 96.00/454-000
(Marcellus Shale Impact Fee Fund) This amount will be reimbursed after Grant Funds are received.)

           

ROLL CALL:    Councilwoman Tracie Graham – Absent

Councilman Kenneth Westcott – Yes

Councilman Joseph Manning – Yes

Councilman Terry Faust – Yes

Mayor Brenda Davis – No

 

 

 

A motion was made by Councilman Manning, seconded by Councilman Faust, and carried, to authorize to award the City of Washington liability insurance policy to EHD at a total premium of $139,175.00 for the coverage period of:  7/6/2015 – 7/6/2016.  This coverage will include Property, General Liability, Auto, Umbrella, Employment Practices Liability, Public Officials Liability, Law Enforcement Liability, Cyber First Liability and Employee Dishonesty coverage.

CHARGE 01.60/486-350

 

ROLL CALL:    Councilwoman Tracie Graham – Absent

Councilman Kenneth Westcott – Yes

Councilman Joseph Manning – Yes

Councilman Terry Faust – Yes

Mayor Brenda Davis – No

 

 

 

A motion was made by Councilman Manning, seconded by Councilman Faust, and carried, to

Enter into an Agreement with CT Consultants as the City of Washington’s Grant Writer.

 

ROLL CALL:    Councilwoman Tracie Graham – Absent

Councilman Kenneth Westcott – Yes

Councilman Joseph Manning – Yes

Councilman Terry Faust – Yes

Mayor Brenda Davis – No

 

 

 

ELECTED OFFICIALS:

Councilwoman Tracie Graham – Absent

 

Councilman Kenneth Westcott – No Comment

 

Councilman Joseph Manning – No Comment

Councilman Terry Faust gave a Parks Department Report.  The annual fireworks display was held on July 4th.  He thanked all who contributed to this event to make it happen.  The swimming pool has been affected by all of the rain days.  There have been 45 family passes sold, 23 single passes sold and 61 group passes sold at this time.  Compared to last season, the pool sales are about $3,000 lower but that can quickly improve with some sunshine in the forecast.  The pool is looking good with the improvements that were completed.  The Street Department did a nice job of fixing the potholes and road resurfacing in the Park.  Our thanks to John Stout and the Street Department workers along with Chris Marshman on the coordination of the work that was completed last week.  This is very much appreciated by everyone who drives through those areas of the Park.  This year the Pony League World Series is scheduled for August 7th through August 12th at Lew Hays Pony Field at the Washington Park.  It is a great opportunity to see the games, as well as to see all that the Park has to offer.  Good luck to the teams and many thanks to all of the volunteers who devote their time to making this event a success.

Mayor Brenda Davis said that our Whiskey Rebellion Festival starts today through Sunday so please enjoy all of the activities and all that it has to offer.  One thing that Mayor Davis wanted to touch upon, regarding the Property and Liability Insurance, is that our current carrier, B & W, is here and has been with the City of Washington for the last 10 years.  For some reason Councilman Manning has been trying to get them out of here.  The other carrier scheduled a meeting one day last week at 1:30 – most of us are at work at that time.  There were also Council members who were on vacation that day.  The proposal information was not sent to me until 2PM today.  Mr. Scott, in the future, you need to remember that this Council consists of 5 people – not 3 whom did receive your proposal way in advance.

The next regular meeting of Washington City Council will be held on Thursday, August 6, 2015 at 7PM in Council Chambers.  The Agenda Meeting will be held on Monday, August 3, 2015 at 6PM, also in Council Chambers.

A motion was made by Councilman Manning, seconded by Councilman Westcott, and unanimously carried, to adjourn meeting.

_________________________________________

Brenda Davis, Mayor

_____________________________________

Christy S. Thomas, City Clerk