City Council

CITY OF MCKEESPORT SPECIAL MEETING TUESDAY 7:00 P.M. MARCH 8, 2016 This Special Meeting of Council was called to order on the above-stated date at the above-stated time after the Pledge of Allegiance and a Moment of Silence by President of Council Richard Dellapenna with the following Members of Council present: RC-1 PRESENT: JIM BARRY, TIMOTHY BROWN, KEITH SOLES, RICHARD DELLAPENNA, JAMIE BREWSTER-FILOTEI, V. FAWN WALKER-MONTGOMERY. Pastor Warren Smith led the prayer. Also present were Mayor Michael Cherepko, City Administrator Matthew Gergley, City Solicitor J. Jason Elash and members of the Administration. MOTION: Ms. Brewster-Filotei moved, seconded by Mr. Soles, “to nominate Rich Dellapenna as President of Council.” MOTION: Mr. Brown moved, seconded by Ms. Walker-Montgomery “to nominate Ms. Walker-Montgomery as President of Council.” MOTION: Mr. Dellapenna moved, seconded by Ms. Brewster-Filotei, “to close nominations for President of Council.” RC-2 “For Rich Dellapenna for President of Council” YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI (5) NAYS: WALKER-MONTGOMERY (1) RC-3 “For V. Fawn Walker-Montgomery for President of Council” YEAS: BROWN, WALKER-MONTGOMERY (2) NAYS: BARRY, SOLES, DELLAPENNA, BREWSTER-FILOTEI (4) MOTION: Mr. Soles moved, seconded by Mr. Barry, “to nominate Jamie Brewster-Filotei as Vice President of Council.” [1] MOTION: Mr. Dellapenna moved, seconded by Mr. Barry, “to close nominations for Vice President of Council.” RC-4 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI (5) NAYS: WALKER-MONTGOMERY (1) APPROVAL OF MINUTES: MOTION: Mr. Soles moved, seconded by Ms. Brewster-Filotei, “To approve the minutes from the Regular Council Meeting of December 2, 2015.” RC-5 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER-MONTGOMERY (6) NAYS: NONE (0) COMMUNICATIONS: Received both the Fire Department and Police Department Reports for February 2016. MAYOR’S REPORT: Mayor Cherepko said thank you Mr. President and thanked the audience for coming to attend the Special meeting. Obviously, over the last few months it has been extremely disheartening with the events that have taken place. I do not think it is any secret of what the City had to experience with a gentleman that was elected to Council and unable to hold his seat and put our City through some very trying times. From day one when the story first broke of Mr. Sanders possibly not being able to hold his seat, I reached out to the NAACP and mentioned to them, at this time Mr. Paige directly, that we need to sit and see how this played out but made it very clear that in my opinion, and others on Council, through my communications that when the time comes if Mr. Sanders is unable to hold his seat that I thought that it was in the best interest of the City to look for a minority candidate to fill that seat. As time went on and conversations and communications with Council took place constantly throughout, many Council Members had the same belief and I explained to them that I would be sitting down with members of the NAACP. After Mr. Sanders was removed, actually prior, we met and went through a list of candidates that we felt would be an asset [2] to this Council. The process was not easy. Many names came up and were discussed and we came up to a candidate who is sitting in the front row today. This is an individual that I have had the utmost respect for from the time that I was a child, was friends with her children and someone as Mayor I see as a community leader through the NAACP. Someone that has served The Municipal Authority of the City of McKeesport and the Housing Authority of the City of McKeesport for many years with nothing less than first class. She is a first class individual; someone that I truly know will have the best interests of the City at heart. In this day and age, not just in the City of McKeesport but everywhere, I think all too often politics come into play. I think what we really need to do is focus on what is in the best interest of the City of McKeesport, not the best interest of me as Mayor; not the best interest of maybe Mr. Dellapenna as a Councilman. I could go on and on and list these names, but I am very excited to be here tonight to have LuEthel Nesbit sitting here and I truly believe whole heartedly that she will be a tremendous asset to this community and to this Council and serve the next 4 years. With that being said I am going to look to ask Council for a Motion to Appoint LuEthel Nesbit to fill the vacancy on Council. MOTION: Mr. Barry moved; seconded by Ms. Brewster-Filotei, “To have LuEthel Nesbit fill the vacancy in Council.” Ms. Walker-Montgomery asked if we are going to have discussion or do we not do that anymore? She wanted to go on the record saying she has no problem with Ms. LuEthel. She knows her personally and has sat in her living room several times so she does not have a problem with Ms. LuEthel. Her issue is just with the way the whole process was handled. I did not know about Ms. LuEthel. Nobody called me; nobody reached out to me, especially as the only minority on Council for the past 6 years. Nobody called her and asked her opinion; nobody called and asked her about Ms. LuEthel. I heard about it, rumors, and then I reached out to Keith and then I text Rich, I know you had a couple things going on, so nobody has actually called me at all. As a Council person I feel we did not know what was going on and I was kind of excluded from the process. So that is one of the reasons. The other reason is I do not feel like the community had a voice in it and with the way that the issue went down with Mr. Sanders I think it would have been helpful and in the best interest of the City to ask the community for their opinion on how it should be done or even their opinion on a candidate. I [3] definitely think I have been a proponent for diversity, but that is not the issue here. The issue here is the way the process was not inclusive at all. Like I told Ms. LuEthel when I got here, today is really when I saw her. This is not the first time this has happened. This also happened with Mr. Maglicco. So literally I have 10 minutes to make a sound decision and vote on something and I am on City Council. So I can just imagine how the other residents feels because I was given 2 seconds to think about this decision and every time I vote I do take that very seriously so I just wanted to go on record and say my issue is not with Ms. LuEthel, my issue is with the process and the way. Mayor Cherepko asked he could comment and said that we all talk about process, that word comes up so often. The process here is what the law says. The process comes in the hands of us as officials. We were elected by the people and when there is a vacancy we as a governing body select a replacement. I have reached out to the NAACP from day one, worked with them, because I thought that was in the best interest, not of Mike Cherepko as Mayor but for the City of McKeesport. As I do with all decisions I make, I have to put my bias aside and look at what is in the best interest of the City. So when you talk about the process where we sat down with the NAACP in this particular situation, I do not believe in dog and pony shows and opening it up to anyone who wants to come in if at the end of the day we were really looking for our minority candidate. If we would have had someone else of a different race come in and that was really not what we were looking for in this particular situation, I think we would have been wasting time. We are under a timeline and that was part of it as well. As far as not knowing, just as you heard rumors Ms. Walker, I heard rumors who you were behind and who you were backing, and I understand and respect that as well. I am not going to waste my time or your time when it comes to battling over who a replacement is going to be. You mentioned you had 2 seconds but at the same time you mentioned you knew weeks ago and contacted Keith. All you had to do was pick up a phone and called me and I would have told you. Mr. Brown picked up a phone and asked me and I told him. Mr. Brown stated that he definitely told him he was going toward LuEthel and I told him was not for LuEthel because in the community I had a couple names brought to my attention, Dennis Robinson was brought to my attention; Dana Brown was brought to my attention and Arla Payne was brought to my attention. [4] Once again before I ran I said I am here for the community and those were the names brought to me. Nothing against LuEthel but at the same time I was, if we are saying someone that we would reach out to the community, I think Mr. Robinson would be a great candidate. He is already involved with the City; he knows kids; knows what is going on in the community and I think he would be a great candidate. Mayor Cherepko said he thinks he would be remiss if he did not go on record saying that this Council in the past has always taken the next highest vote getter in the Election. That is what we have done in the past. I know many of us have supported in the past, including Ms. Walker-Montgomery. Ms. Walker-Montgomery said yes she had. Mr. Cherepko said given the current situation he did not think that was in the best interest of the City and he wanted to go on record saying that. Ms. Walker-Montgomery said she agreed. Mr. Cherepko said when you talk about fair is fair, many people can argue that point as well and that is why he reached out for an amicable resolution in this particular situation and we went away from what we typically do. Mr. Dellapenna asked for roll call on the Motion on the floor. RC-6 YEAS: BARRY, SOLES, DELLAPENNA, BREWSTER-FILOTEI (4) NAYS: BROWN, WALKER-MONTGOMERY (2) Mayor Cherepko said at this time we have the Honorable Judge Colville here. Unfortunately, a couple of the local Magistrates were in Harrisburg for meetings and we are very grateful that Judge Colville took the time from his evening to come down and swear-in Ms. LuEthel Nesbit, so if we could do that at this time. Judge Colville performed the Oath of Office for LuEthel Nesbit and she then took her seat on Council. Mr. Dellapenna asked if that concluded the Mayor’s Report to which Mayor Cherepko replied yes. [5] CITIZENS IN THE AUDIENCE: Mr. Dellapenna said would Ms. Allen please come forward and state her name and address and keep in mind you have 3 minutes. MS. DARLENE ALLEN, 1712 Flagler Street, McKeesport, PA 15132. Ms. Allen said she comes before Council regarding the vacant house next door. Someone is moving in and if she had to pay a mortgage she thinks they should too. She is really scared so she hopes that this will be addressed. She knows the Mayor did call her. Mayor Cherepko said he believed he left her a message. Unfortunately, he thinks what Ms. Allen may be concerned with is there may be a possibility of squatters that are moving in next door. I believe what we need you to do is to contact the police immediately if you see someone in there that does not belong. Ms. Allen said she did call the night it was cold and someone was in there trying to escape all the wind. The police did go to the house but they did not see anybody, but you can hide anywhere in the house. Mayor Cherepko said depending on the condition of the house, you are right, maybe if a part was not safe, but what I am going to ask is that you call immediately because we do not make the laws but we have to follow them. The bigger issue comes once they establish residence as a squatter and I have learned that they have squatters’ rights and you have to go through the eviction process and everything and the City does not even have the right to go through the eviction process with them. That is the issue we are having not just there but throughout the City. Mayor Cherepko said he wants to help her in any way he can so just call the police if someone is seen in there right of way. Ms. Allen asked if the City could get a hold of the people that own the place and Mayor Cherepko said if they can get a hold of them, absolutely. Mayor Cherepko said they tried helping her with other things and he believes they were unable to reach the owner. That is the problem when you have an absentee property owner. Ms. Allen said the daughter still lives in the City. Mayor Cherepko asked Ms. Allen to call him tomorrow so no names were brought up. Mayor Cherepko said then they can look into it and see if they can track them down. Mr. Dellapenna said thank you Ms. Allen. [6] MS. CHRIS PRESTON, 1409 Craig Street, McKeesport, PA 15132. Ms. Preston said she had a couple questions: (1) rumors about the insurance for the City – from what she understands there were bids lower than Mr. Barry and from what she was told, the bid was given to Mr. Barry. Did Mr. Barry recuse himself from the vote and isn’t that a conflict of interest? (2) She is very disappointed; she loves LuEthel but the community was not a part of the process. She is very disappointed in the Mayor. Mayor Cherepko asked Ms. Preston what she would have done. Ms. Preston said the Mayor should have talked to people in the community. Which Mayor Cherepko said he did. Ms. Preston, said did you talk to me? People who are ground level foot soldiers in this community to have a voice. It’s like we didn’t have a voice, again. Mayor Cherepko said there are 20,000 residents in the City and he didn’t go around and talk to all residents but he could tell her he talked to many people over the last several months. Solicitor Elash said that to answer the first question, that situation has been examined; it has been examined by outside agencies and there was absolutely no conflict of interest and does not believe he voted on anything. When you say someone had the lowest bid, he was acting as a broker and getting prices for us and gave us the lowest prices so those rumors, people just say things to try to cause problem and I assure you that it was addressed with Council. Ms. Preston asked if this would be in the Minutes from that meeting and Solicitor Elash said it absolutely would be. Mr. Dellapenna thanked Ms. Preston. NEW BUSINESS: RESOLUTION #2016-01 - BILL #1 – RESOLUTION OF THE CITY OF MCKEESPORT, ALLEGHENY COUNTY, PENNSYLVANIA, APPOINTING ANNETTE JAMES AS CITY CLERK FOR A TWO YEAR TERM. MOTION: Mr. Barry moved, seconded by Ms. Soles “to approve Bill #1.” RC-7 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER-MONTGOMERY, NESBIT NAYS: NONE (0) [7] RESOLUTION #2016-02 - BILL #2 – RESOLUTION OF THE CITY OF MCKEESPORT, ALLEGHENY COUNTY, PENNSYLVANIA, ESTABLISHING REGULAR MEETINGS OF CITY COUNCIL FOR 2016. MOTION: Mr. Soles moved, seconded by Ms. Brewster-Filotei “to approve Bill #2.” RC-8 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER-MONTGOMERY, NESBIT (7) NAYS: NONE (0) RESOLUTION #2016-03 - BILL #3 – RESOLUTION OF THE CITY OF MCKEESPORT, ALLEGHENY COUNTY, PENNSYLVANIA, SETTING FORTH THE PAYDAYS FOR THE YEAR 2016. MOTION: Mr. Barry moved, seconded by Ms. Brewster-Filotei “to approve Bill #3.” RC-9 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER-MONTGOMERY, NESBIT (7) NAYS: NONE (0) RESOLUTION #2016-04 - BILL #4 – RESOLUTION OF THE CITY OF MCKEESPORT, ALLEGHENY COUNTY, PENNSYLVANIA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXERCISE OPTION YEAR ONE WITH BIG’S SANITATION, INC. FOR THE COLLECTION OF GARBAGE, RUBBISH AND RECYCLING FOR A ONE YEAR PERIOD COMMENCING JANUARY 1 2016, AND EXPIRING DECEMBER 31, 2016. MOTION: Mr. Soles moved, seconded by Mr. Brown “to approve Bill #4.” Mr. Soles asked if collection of recycling is on the web site that it is every other week? Mayor Cherepko said yes it should be. Mayor Cherepko said we put the bids out 2 years ago; our expense for garbage had gone up tremendously and this was by far the lowest bidder. We did a 3 year bid at the time and he asked Council to do one year at a time and will ask Council to again do one year at a time so we can explore all options as we move forward into the future. RC-10 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER-MONTGOMERY, NESBIT (7) [8]  NAYS: NONE (0) RESOLUTION #2016-05 - BILL #5 – RESOLUTION OF THE CITY OF MCKEESPORT, ALLEGHENY COUNTY, PENNSYLVANIA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH FERREE KENNELS FOR ANIMAL CONTROL IN THE CITY OF MCKEESPORT FOR THE PERIOD BEGINNING JANUARY 1, 2016, AND ENDING DECEMBER 31, 2016. MOTION: Mr. Barry moved, seconded by Ms. Brewster-Filotei “to approve Bill #5.” Ms. Walker-Montgomery said she had a question regarding contracts for minority owned businesses, but these are professional contracts so do we even have to put out for these? Mr. Gergley said this one not particularly. Solicitor Elash said that this one goes out for public bid but this is an option year on the contract that we could exercise. Mayor Cherepko said this one that we would put out to bid but this is just for an option year. There is really not a lot of competition out there for this and he could tell you by working as close to Chief Washowich as he does and in the interest of public safety, a few years back, we went outside and used Triangle Pet and it really hindered public safety on the Police protection side of things. Serving a warrant, etc. Chief Washowich said absolutely, dangerous dogs are a huge concern. Mayor Cherepko said when we were with another company sometimes the Police would be in the middle of doing their job, serving a warrant and maybe had to wait an hour or hour and a half for a dog catcher or animal control to come. We are just extending it one year because he held his prices. Mr. Gergley said that with very little competition, for him to hold his prices is good for the City. Ms. Walker-Montgomery asked if it was known at this time how manor minority woman own businesses in general. Mr. Gergley said there is probably a list. RC-11 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER-MONTGOMERY, NESBIT (7) NAYS: NONE (0) [9] RESOLUTION #2016-06 - BILL #6 – RESOLUTION OF THE CITY OF MCKEESPORT, ALLEGHENY COUNTY, PENNSYLVANIA, DESIGNATING JAMES GARVIN TO PROVIDE ENGINEERING SERVICES FOR COMMUNITY DEVELOPMENT BLOCK GRANT RELATED PROJECTS. MOTION: Ms. Brewster-Filotei moved, seconded by Mr. Barry “to approve Bill #6.” Mayor Cherepko stated just for public information that Mr. Garvin has been providing these services and under the CD Guidelines, and Mr. Tedesco who runs that Department, we have to renew that every couple of years. RC-12 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER-MONTGOMERY, NESBIT (7) NAYS: NONE (0) RESOLUTION #2016-07 - BILL #7 – RESOLUTION OF THE CITY OF MCKEESPORT, ALLEGHENY COUNTY, PENNSYLVANIA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT EXTENSION WITH LOCKHART ALL SEASONS SERVICE FOR WEED & VEGETATION CONTROL FOR A ONE YEAR TERM. Mayor Cherepko stated that this is another company that has is holding their rate. You may see in the summer when we are spraying vacant lots and trying to make lives a little better for our residents that unfortunately live next to a vacant lot, or dilapidated house, they have done a tremendous job for us. They spray everything we need them to spray and kills the weeds usually for the whole year. Sometimes we get out summer kids out there cutting down first and then go spray but usually it is one spray and they are good for the year. This is the same type of thing where they are holding their rate and we are extending one year. They are also very receptive as well said Mr. Gergley. Mayor Cherepko said very good; one of the best services the City has. When Mr. Kondrosky gets calls to Public Works they are on top of it immediately and do a tremendous job. MOTION: Mr. Barry moved, seconded by Mr. Brown “to approve Bill #7.” RC-13 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER-MONTGOMERY, NESBIT (7) NAYS: NONE (0) [10] RESOLUTION #2016-08 - BILL #8 – RESOLUTION OF THE CITY OF MCKEESPORT, ALLEGHENY COUNTY, PENNSYLVANIA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH MR. JOHN FOR THE 2016 PORTABLE RESTROOM RENTAL PROGRAM. MOTION: Mr. Brown moved, seconded by Mr. Soles “to approve Bill #8.” Mayor Cherepko said this is for all of the outside port-a-johns throughout the parks and other areas of the City. There were a lot of issues with the vendor we used to have but he thinks people are very happy now and that is something difficult to keep clean. A lot of people don’t even want to walk into them and they are proud of the job they do out there for the most part. Mr. Soles asked when they will go out and Mayor Cherepko said before Memorial Day, probably by the end of the month. RC-14 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER-MONTGOMERY, NESBIT (7) NAYS: NONE (0) RESOLUTION #2016-09 - BILL #9 – RESOLUTION OF THE CITY OF MCKEESPORT, ALLEGHENY COUNTY, PENNSYLVANIA, DESIGNATING THE TRIBUNE -REVIEW PITTSBURGH EDITION AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION. Mayor Cherepko said what this means is now that The Daily News is gone we will be using the Tribune-Review as the official paper of the City of McKeesport. It doesn’t mean you will not read some things in The Pittsburgh Post-Gazette it just means for advertising our meetings, hearings, etc. will be advertised in the Tribune-Review. We went with the paper that was cheaper. They had the better rates so we chose the Trib. MOTION: Ms. Walker-Montgomery moved, seconded by Mr. Brown “to approve Bill #9.” RC-15 YEAS: BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER- MONTGOMERY, NESBIT (6) NAYS: BARRY (1) [11] RESOLUTION #2016-10 - BILL #10 – RESOLUTION OF THE CITY OF MCKEESPORT, ALLEGHENY COUNTY, PENNSYLVANIA, AUTHORIZING THE ADOPTION OF THE ALLEGHENY COUNTY HAZARD MITIGATION PLAN AS AN OFFICIAL PLAN OF THE CITY OF MCKEESPORT. Mayor Cherepko said that this is just run through the County. Pretty much through FEMA. If we were to have a crisis situation, it is run through the County and we adopt it as part of the County. Ms. Walker-Montgomery said this does not include snow, right. Just for earthquakes, floods, etc. through FEMA. MOTION: Mr. Soles moved, seconded by Ms. Brewster-Filotei “to approve Bill #10.” RC-16 YEAS: BARRY, BROWN, SOLES, DELLAPENNA, BREWSTER-FILOTEI, WALKER-MONTGOMERY, NESBIT (7) NAYS: NONE (0) ADJOURNMENT: Ms. Walker-Montgomery said she just wanted to make one comment before we close the meeting. While she was very vocal about how I did not agree with the process, this is history in the making because I want to make the note that for the first time we do have 3 minorities on McKeesport City Council, so I do want to make that note. While I did not agree with the process I am happy with the diversity and I wanted to make that note that this is truly history in the making. President of Council Richard Dellapenna thanked everyone for coming and adjourned the meeting at ____________ p.m. Respectfully submitted, Annette James City Clerk and Clerk of Council APPROVED: Richard Dellapenna President of Council das [12]