MINUTES

City Council Meeting

City of Butler, Pennsylvania

August 28,2014

Mayor Donaldson called the meeting to order at 7:00 PM. Mayor Donaldson and Council members Readie, Kline,Schontz and May were present. The pledge of allegiance to the flag followed an invocation given by Deacon Mitch Natali, St.Paul’s Catholic Church.

PERSONS TO BE HEARD:

Alexander Howes shared concerns over the parking for residents who live in the business district and the safety of vehicles parked in the Tier Parking Garage. He suggested closed circuit monitoring of the garage. Mr.Howes also requested that the City reduce the volume of the crossing tones keeping in regulations required from ADA.

David Gould voiced his frustration with the Code Office and the current procedures for code enforcement.

PRESENTATIONS:

Neighborhood Pride Awards

Natili North Pizza Shoppe, 200 N. Main Street

Motion by CM May with second from CW Readie to approve the minutes of the Regular meeting of July 24, 2014.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 July were approved by individual, unanimous votes.

A Public Hearing was held at the forum meeting on August 26, 2014 for the following:

BASA Conditional Use Request for Property located at 468 Zeigler Avenue to construct a pump station.

Public Comment concerning adding medical and dental clinics to the M-1 and M-2 Zoning District

COUNCIL REPORTS/ACTIONS

Councilwoman Kline

1.Motion to authorize Michael A.Palombo,Esq.,the arbitrator appointed by the City of Butler for Act 111 Interest Arbitration with the I.A.F.F.,to dissent from the Award dated August 9,2014 issued by Arbitrator Michael E.Zobrak and Arbitrator Richard G.Poulson, Esq.Second by CM Schontz.All voted aye.

2.Motion to authorize the City Solicitor to appeal the Act 111 Interest Arbitration Award entered on August 8, 2014 to the Court of Common Pleas of Butler County, Pennsylvania for the limited purpose of challenging the legality of the Arbitrators failure to eliminate the terms in the Collective Bargaining Agreement which require the City to maintain a Minimum Complement of 18 full time firefighters.Second by CW Readie.All voted aye.

Councilman Schontz

3.Motion for the second reading and adoption of City Ordinance No. 1692; an ordinance of the City of Butler amending Chapter 260, the zoning ordinance of the City of Butler, to add medical and dental clinics in the M-1 and M-2 Zoning District as permitted uses. Second CW Kline. All voted aye.

4.Motion to appoint Norm George as the City of Butler’s Sewage Enforcement Officer.

Second by CW Kline.All voted aye.

5.Motion to approve the contract with Cargill, Inc. for the purchase of road salt at $79.29/ton for the period from August 28, 2014 to June 30, 2015. (SHACOG Purchasing Alliance) Second by CW Kline. All voted aye.

6.Motion to amend the Motion adopted at a Special Meeting held July 8, 2014 to approve the Conditional Use request for A&R Health Services located at 128 West New Castle Street with the following conditions:

1.A&R Health Services must establish staggered appointment times for clients as necessary to avoid parking and congestion problems.

2.The Maximum number of occupants shall be determined by the Fire Marshall per UCC calculations, but occupancy cannot exceed 12 people.

3.A&R Health Services shall prevent loitering and prohibit smoking within 25 feet of the building.

4.Hours of operation shall be 9:00 AM through 6:30 PM Monday through Saturday.

5.A&R Health Services must provide the City with a parking plan calling for off-street parking for the staff.

6.A&R Health Services is not licensed by the Commonwealth and therefore cannot provide counseling or therapy services.

7.Any violation of these conditions shall result in the revocation of the occupancy permit. Further, a finding by the City of a legal nuisance will be a violation of A & R’s occupancy permit and grounds for the occupancy permit to be revoked.Second by CW Kline.All voted aye.

7.Motion to award the contract for the Mercer Street Bridge railing repairs to Troy Jay Construction, Inc.in the amount of $2,100.00.LIN 18-430-436.Second by CW Kline.All voted aye.

8.Motion to authorize the Mayor and City Clerk to execute and deliver an Agreement for Temporary Right of Way with James and Susan Dankovich calling for payment to the Owner of $500 and reimbursement for counsel fees incurred by the Owner for the West New Castle Street Project.Second by CW Kline.All voted aye.

9.Motion to install two “Watch Children” signs on the west and east end of Cleveland Street on a 90-day trial basis.Second by CW Readie.All voted aye.

10.Motion to install a “Private Drive” sign at 309 Hickory Street (new driveway) on a 90-day trial basis.Second by CW Kline.All voted aye.

11.Motion to install two blinking “Watch Pedestrians” signs on South Cliff Street near the intersection of East Jefferson and East Cunningham Streets on a 90-day trial basis. Second by CW Kline.All voted aye.

12.Motion to install two “No Parking on Sidewalk” signs on the north side of Zeigler Avenue above the playground on a 90-day trial basis.Second by CW Readie.All voted aye.

13.Motion to change Wyle Avenue to be “One-Way” southbound beginning at West New Castle Street on a 90-day trial basis.Second by CW Kline.All voted aye.

14.Motion to create a “No Parking” zone on the west side of Sixth Avenue from West New Castle Street to the parking lot on a 90-day trial basis.Second by CW Kline.All voted aye.

15.Motion to purchase a 2008 Crown Victoria from Penn Township, in the amount of $800 for use by the Code Officer. Second by CW Readie.All voted aye.

16.Motion for the introduction and first reading of City Ordinance No. 1696; authorizing the acquisition of a temporary construction easements and permanent rights of way for the reconstruction of the West New Castle Street Bridge.Second by CW Readie.All voted aye.

17.Motion to award the Main Street/New Castle Street Sidewalk and Curb Replacement Project to Joe Palmieri Construction in the amount of $13,600.00.LIN 18 430 436

Second by CM May.All voted aye.

Councilman May

18.Motion to support Butler County’s Parks and Recreation’s West Penn Street Trail Project.Second by CW Kline.All voted aye.

19.Motion to award the contract for providing a Phase 1 Environmental Site Assessment to Ecotune Environmental Consultants in the amount of $2,800.00 for the property at the corner of Zeigler Avenue and Short Street.LIN 01-427-120.Second by CW Readie.All voted aye.

20.Motion to enter into an agreement with the Butler Area Softball League to lease the Pony League Field and concession stand in Father Marinaro Park for two months commencing September 1, 2014 through October 31, 2014.Second by CW Kline.All voted aye.

Mayor Donaldson

21.Motion to approve the Conditional Use request of the Butler Area Sewer Authority to construct a new pump station as presented, including the use of barbed wire on the fence, and with the condition that:

1.The Authority use a landscaping plan that includes a combination of panel weave in a black fence and planting mature shrubs on the property, as filed with the City.

Second by CM May.All voted aye.

22.Motion for the introduction and first reading of City Ordinance No. 1694; an ordinance of the City of Butler, Pennsylvania, amending Chapter 104; Animals; to add Article IV; Wild or Exotic Animals. Second by CW Kline.All voted aye.

23.Motion for the introduction and first reading of City Ordinance No. 1695; an ordinance of the City of Butler, Pennsylvania, amending Chapter 60; Personnel Policies; to establish a Social Media Policy. Second by CM Schontz. All voted aye.

24.Motion to appoint Mark Wilson to serve on the Civil Service Board to replace Jonathan Dreher whose term ends on December 31,2017. Second by CM Schontz. All voted aye.

25.Motion to mail letters from the Mayor and City Council to the City’s Boards and Authorities requesting they meet 5:30 PM or later therefore giving more city residents the opportunity to attend the meetings. Second by CW Readie. All voted aye.

The City Treasurer presented Council with the Account Balance Report and the Monthly Intake Report for July, 2014.

The City Controller presented bills for payment as follows: from the general fund – $255,046.31; from the capital projects fund – $38,126.12; and from the liquid fuels tax fund – $4,094.94 for a grand total of $298,046.31. Motion by CW Kline with second from CW Readie to approve payment of bills as presented.

ANNOUNCEMENTS:

WISR City Hall – CM Schontz and Mayor Donaldson

Trick or Treat – Friday, October 31st, 6 PM – 7 PM

Mayor Donaldson adjourned the meeting at 7:50 PM.