BOROUGH OF CANONSBURG

REGULAR MEETING

JANUARY 13, 2014

 

I.         CALL TO ORDER:

The meeting was called to order by Mr. Bevec at 7:00 P.M.

II.      MOMENT OF SILENCE:

III.   PLEDGE OF ALLEGIANCE:

IV.   ROLL CALL:

Present:

Joseph McGarry, Fran Coleman, Richard Russo, John Bevec, Timothy Bilsky, and John Severine  *SEE NOTE SEVEN LINES DOWN

Others Present:

Borough Manager Robert Kipp, Engineer Harvey Treschow, Attorney Patrick Derrico, Mayor David H. Rhome, Police Chief R. T. Bell, and

Road Supervisor Tom Lawrence

Absent:

None

*NOTE:  Mr. Paul Sharkady was also present but chose to make the following comments before answering the Roll Call:

A.      Mr. Sharkady stated that since he felt he was improperly

seated at the last meeting for failure to have an Affidavit

of Residency, he now has that Affidavit of Residency and

has been re-sworn to the office.

Mr. Sharkady presented this information to the Borough

Secretary – Robert Kipp.

AT THIS POINT, MR. SHARKADY ACKNOWLEDGED HIS PRESENCE FOR THE ROLL CALL.

            Addressing Attorney Derrico, Mr. Sharkady asked why

            it was, when you don’t have an Affidavit of Residency, 

            that Mr. Russo, as well as Mr. Bevec, had to have an

            Affidavit and he (Mr. Sharkady) did not.

            Attorney Derrico replied that it was his thought that be-

            cause Mr. Sharkady was an incumbent that he didn’t

            need to do that.  The other two were not running for of-

            fice and were like strangers compared to Mr. Sharkady,

 

 

 

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            who was the incumbent.  Attorney Derrico stated that

            common sense seemed to him that Mr. Sharkady was

            already in office, already a resident and a Councilman.

            He said that maybe it’s not consistent, but it seems com-

            mon sense.

            Mr. Sharkady responded by saying that the law specific-

            ally states that each person running for office had to

            have an Affidavit of Residency.

            Attorney Derrico informed Mr. Sharkady that he was

            seated in January.  He said that he guessed what Mr.

            Sharkady is saying was that we seated him without

            that.

            Mr. Sharkady confirmed this.

            Attorney Derrico stated that in his opinion, he inter-

            preted that Mr. Sharkady didn’t need it.

            Mr. Sharkady replied that Mr. Bevec had one and was

            seated last year, and Mr. Russo had one and was seated

            last year.

            Attorney Derrico answered by stating that he said they

            didn’t run for office.  They were strangers as of mid-

            night, 2013, and were no longer members of Council.

            They were gone.  Mr. Sharkady was an incumbent.  He

            ran for office and, in fact, won two offices.  Attorney

            Derrico said he made a determination that Mr. Sharkady

            didn’t have to have an Affidavit, but it would have been

            okay if he presented one.

            Mr. Sharkady said he felt that since he was not properly

            seated on Council there was no quorum at that time.

            Attorney Derrico answered Mr. Sharkady by saying that

            that was his (Mr. Sharkady’s) opinion.  He did partici-

            pate and voted like everybody else.  The Solicitor made

            reference to the sections he quoted that night. 

            Mr. Sharkady said he feels that the appointments of

 

 

 

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            Mr. Bevec and Mr. Russo should be void and that those

            seats should be filled at tonight’s Council meeting.

            Attorney Derrico disagreed.

            Mr. Sharkady stated that under Section 53 ps, Section

            4603 it states that the Mayor can vote at a reorganiza-

            tion meeting to the point where the president and vice

            president of Council are elected, and no other purpose.

            He said that, yet, the Mayor did vote to fill vacancies.

            Attorney Derrico replied that he quoted Section 103,

            which says that the Mayor may preside at any meet-

            ing, special meeting, regular, or otherwise, and it goes

            on to spell out that he has a right to vote and break

            the tie.

            Mr. Sharkady said he thinks Section 4603 disagrees

            with that.

            Attorney Derrico replied that lots of good lawyers

            always agree with him, disagree with him, and some

            of them agree.

            Mr. Sharkady stated that since the Mayor could not

            vote at that reorganization meeting for any other pur-

            pose than for president or vice president, he felt that

            to fill vacant seats it should be voided and done to-

            night.

            Attorney Derrico replied that his legal opinion dis-

            agrees with him (Mr. Sharkady), and whatever was

            done last week was with a proper vote.  He said

            that Mr. Sharkady put his candidate in, and that was

            it.  He also said that Mr. Sharkady participated in the

            meeting.  Attorney Derrico told Mr. Sharkady that he

            is not going to argue with him.

      B.  Mr. Sharkady stated that when the nominations were

            made for the vacant seats there should have been a

            vote on each person nominated – not vote on two

 

 

 

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            people who were nominated at the same time.

            Attorney Derrico replied that Robert’s Rules does not

            exactly tell you that you have to do it the other way.

            The Chairman of the meeting has the right to ask for

            whatever way he wants to vote.  There could have

            been a written ballot or secret ballot, but nobody

            made a motion to do that.

            Mr. Sharkady motioned to declare Mr. Bevec’s and

            Mr. Russo’s appointments void.

            Mr. Bilsky seconded the motion.

            ROLL CALL ON THE MOTION:

                             Joseph McGarry                           No

                             Fran Coleman                               No

                             Richard Russo                              No

                             Timothy Bilsky                        Yes

                             John Severine                                Yes

                             Paul Sharkady                               Yes

                             John Bevec                                   No

            RESULTS OF THE MOTION:  Three Yes, Four  No.

            Motion denied.

            Mr. Sharkady motioned to organize Council now that

            John Severine and he (Paul Sharkady) are legally seated.

            Attorney Derrico stated that common sense is that Council

            already voted on that issue.

            Mr. Severine seconded the motion.

            Mr. Bevec explained to Council that to reorganize would

            be a Yes vote; to leave status quo would be a No vote.

            ROLL CALL ON THE MOTION:

                             Joseph McGarry                           No

                             Fran Coleman                               No

                             Richard Russo                              No

                             Timothy Bilsky                        Yes

                             John Severine                                Yes

 

 

 

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                             Paul Sharkady                               Yes

                             John Bevec                                   No

            RESULTS OF THE MOTION:  Three Yes, Four No.

            Motion denied.

            At this point Mr. Sharkady notified Council that actions

            are going to be taken concerning the organization meet-

            ing with Mr. Severine and he (Mr. Sharkady) being

            seated improperly and Mr. Bevec and Mr. Russo being

            appointed to vacant seats.  He informed Council that

            this has been referred to the Washington County Dis-

            trict Attorney’s Office for quo warranto action.

V.      PUBLIC COMMENTS:

A.      Mr. John Lombardo, of 505 Cecil Street, approached

Council in reference to the First Ward Councilman not

being properly orientated about the proper paperwork

he would need – an Affidavit – even though he’s a

life long resident of Canonsburg.  He stated that, with

that being said, the First Ward people had no voice in

this.  Mr. Lombardo said he thought the voice of the

people was supposed to be heard over non-elected

people.  He stated that he means no disrespect, but the

people – Mr. McGarry, Ms. Coleman,  Johnny, Paul, and

Tim were all elected officials.  The vote should have been

done straight and narrow.  Mr. Lombardo stated that he

doesn’t understand why the vote of the actual Coun-

cilmen who were elected – why their voices weren’t

heard. 

Mr. Bevec asked if there were any other public comments.

There were none.

Mr. Bevec said that he would move on (with the Agenda).

Mr. Bilsky asked him to wait, as Mr. Lombardo had asked

him (Mr. Bevec) to elaborate.

            Mr. Bevec said he would give his opinion. You go to school, 

 

 

 

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            you have to take a test, and if you don’t read the book, 

            you don’t know what’s on the test, and you fail the test.

            He stated that it’s clear in the Borough Code, as Mr.

\           Sharkady just pointed out, that you need those Affida-

            vits to be seated.  It’s not anybody’s responsibility but

            the candidate’s to get the proper paperwork in order.

            Mr. Lombardo replied that, with that being said, every

            job/military organization he’s been involved with,

            every time he showed up at a new duty station, new

            job, he always had orientation.  He continued by say-

            ing that, with that being said, the Election Office didn’t

            tell him (Mr. Severine) anything, Canonsburg Borough,

            the Mayor, the Solicitor, the Borough Manager – no-

            body advised him of this or told him this.  Mr. Lom-

            bardo said his question is – this is a new Councilman.

            Why was he not orientated into the position?  He

            stated that it just looked kind of weird to him, and he

            didn’t understand it.  

            Mr. Bevec replied that he has never had an orientation,

            and he’s been doing this off and on over twenty years.

            Mr. Lombardo said it doesn’t make sense,  Someone

            should have orientated him.  Somebody should have

            told him what he needed.  Mr. Lombardo stated that,

            with that being said, he thought it was very unprofes-

            sional and didn’t think it was done correctly.  He

            added that, being a member of Canonsburg, he wants

            the voice of the people to be heard – not opinions of

            one individual, or in this case, six or seven individuals.

            Mr. Lombardo continued by saying that Mr. Severine

            was an elected official, and his voice was snuffed out.

            That was ill appropriate. 

VI.   VOTING ITEMS:

A.      Approval of Minutes

 

 

 

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            Mrs. Coleman motioned to approve the minutes of the

            Regular Council Meeting of December 9, 2013.

            Mr. McGarry seconded the motion.

            The motion was passed unanimously.

B.      Approval of Engineer’s Report

Mr. Sharkady motioned to approve the Engineer’s Report

of January 6, 2014.

Mr. Severine seconded the motion.

The motion was passed unanimously.

C.      Approval of Final CHJA Operations Budget

Mr. Bevec called three times for a motion.

Mr. Russo motioned to approve the final Canonsburg-

Houston Joint Authority Operations Budget for 2014.

            Mrs. Coleman seconded the motion.

            ROLL CALL ON THE MOTION:

                             Joseph McGarry                           Yes

                             Fran Coleman                               Yes

                             Richard Russo                              Yes

                             Timothy Bilsky                        No

                             John Severine                                No

                             Paul Sharkady                               No

                             John Bevec                                   Yes

            RESULTS OF THE MOTION:  Four Yes, Three No.

            Motion carried.

D.      Motion to Appoint Borough Solicitor

Mr. McGarry motioned to retain Patrick Derrico as Bor-

ough Solicitor.

Mrs. Coleman seconded the motion.

ROLL CALL ON THE MOTION:

                 Joseph McGarry                           Yes

                 Fran Coleman                               Yes

                 Richard Russo                              Yes

                 Timothy Bilsky                        No

 

 

 

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                             John Severine                                No

                             Paul Sharkady                               No

                             John Bevec                                   Yes

            RESULTS OF THE MOTION:  Four Yes, Three No.

            Motion carried.

 

      Mr. Bevec stated that, just as a matter of the record for the courtesy

      to the people to his left, there are two recording devices out here.  We

      are not only being recorded by Mary but by Paul and Tim also.

      Mrs. Coleman stated that it has to be posted.  She said she thinks she

      asked that last year.

      Addressing Mr. Bevec, Mr. Sharkady stated that there is a sign on the

      front door coming into the elevator that says Audio and Visual….

      Mr. Bevec replied that it refers to the security system of the building.

      Mr. Sharkady said it should refer to anything.

      Mr. Bevec stated that there is nothing wrong with recording the meet-

      ing.  The common courtesy is to tell people you’re doing it.

      Mr. Sharkady and Mr. Bilsky informed Mr. Bevec that they are not

      hiding it.

 

E.       Motion to Appoint Borough Auditor

Mr. Bilsky motioned to retain Cypher & Cypher as Borough

Auditor.

Mrs. Coleman seconded the motion.

ROLL CALL ON THE MOTION:

                 Joseph McGarry                           Yes

                 Fran Coleman                               Yes

                 Richard Russo                              Yes

                 Timothy Bilsky                        Yes

                 John Severine                                Yes

                 Paul Sharkady                               Yes

                 John Bevec                                   Yes

RESULTS OF THE MOTION:  Seven Yes, Zero No.  Motion

carried.

 

 

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F.       Motion to Appoint Borough Engineer

Mr. Russo motioned to retain HMT & Associates, Inc. as

Borough Engineer.

Mr. Sharkady seconded the motion.

ROLL CALL ON THE MOTION:

                  Joseph McGarry                           Yes

                 Fran Coleman                               Yes

                 Richard Russo                              Yes

                 Timothy Bilsky                        Yes

                 John Severine                                Yes

                 Paul Sharkady                               Yes

                 John Bevec                                   Yes

RESULTS OF THE MOTION:  Seven Yes, Zero No. Motion carried.

G.     Motion to Set Bonds

Mr. Russo motioned to set the following bonds:

1.        Borough Manager and Assistant Borough Man-

ager Bonds -- $50,000 each

2.        Office Personnel Bond -- $40,000 each

3.        Blanket Employee Bond (covers all employees) –

$10,000

4.        Collection Clerk Bond (utility billing) -- $125,000

5.        Sewer Authority Bond -- $160,000

            Mr. McGarry seconded the motion.

            ROLL CALL ON THE MOTION:

                             Joseph McGarry                           Yes

                             Fran Coleman                               Yes

                             Richard Russo                              Yes

                             Timothy Bilsky                        Yes

                             John Severine                                Yes

                             Paul Sharkady                               Yes

                             John Bevec                                   Yes

            RESULTS OF THE MOTION:  Seven Yes, Zero No.  Motion

            carried.

 

 

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H.      Motion to Appoint a Vice President

Mr. McGarry motioned to appoint Richard Russo as Vice

President of Council.

Mrs. Coleman seconded the motion.

ROLL CALL ON THE MOTION:

                 Joseph McGarry                           Yes

                 Fran Coleman                               Yes

                 Richard Russo                              Yes

                 Timothy Bilsky                        No

                 John Severine                                No

                 Paul Sharkady                               No

                 John Bevec                                   Yes

RESULTS OF THE MOTION:  Four Yes, Three No.  Motion

carried.

     

      The following motions are to reaffirm the appointments made at the

      December 9, 2013 Borough Council Meeting.  This is due to the

      Borough’s past history of making December and January’s appoint-

      ments:

     

I.         Appointment to the CHJA

Mr. McGarry motioned to appoint John Bevec to a 5 year term

(January 20, 2014 – December 31, 2018) on the Canonsburg-

Houston Joint Authority Board.

Mrs. Coleman seconded the motion.

Remarks:  Mr. Bilsky asked why Council is voting on this

again when it was voted on at the December meeting.

Mr. Bevec explained that because of the past history of mak-

ing appointments in both December and January, someone

thought it was necessary to put it on the Agenda.

Attorney Derrico stated that he was not present at the Decem-

ber meeting and felt it would be appropriate to reaffirm it.

Mr. Bilsky said that the vacancy doesn’t actually occur until

 

 

 

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January 1st and asked Attorney Derrico if it should have been

done in December prior to the vacancy occurring.

Attorney Derrico replied that the motion was probably made

tentatively.

ROLL CALL ON THE MOTION:

                 Joseph McGarry                           Yes

                 Fran Coleman                               Yes

                 Richard Russo                              Yes

                 Timothy Bilsky                        No

                 John Severine                                No

                 Paul Sharkady                               No

                 John Bevec                                   Yes

                 Joseph McGarry                           Yes

                 Fran Coleman                               Yes

                 Richard Russo                              Yes

                 Timothy Bilsky                        No

                 John Severine                                No

                 Paul Sharkady                               No

                 John Bevec                                   Yes

RESULTS OF THE MOTION:  Four Yes, Three No.  Motion

carried.

J.         Motion to Appoint President Pro-Tem

(This is case both the President and the Vice President are

both absent from a meeting.)

Mr. McGarry motioned to retain Fran Coleman as the President

Pro-Tem.

Mr. Russo seconded the motion.

ROLL CALL ON THE MOTION:

                 Joseph McGarry                           Yes

                 Fran Coleman                               Abstain

                 Richard Russo                              Yes

                 Timothy Bilsky                        No

                 John Severine                                No

 

 

 

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                             Paul Sharkady                               No

                             John Bevec                                   Yes

            RESULTS OF THE MOTION:  Three Yes, Three No, One

            Abstain.  TIE VOTE.

            Mayor Rhome broke the tie by casting a vote for Mrs. Cole-

            man.  MOTION CARRIED.

            Discussion was held pertaining to whether “Abstain” was a

            yes or no vote.

            Attorney Derrico explained that an abstention goes with the

            majority of the vote.  In this case there was not a majority;

            it was a tie.

 

K.      Appointments to Zoning Hearing Board

1.        Mrs. Coleman motioned to appoint Mr. Tony

Trona to a one year term on the Canonsburg Bor-

ough Zoning Hearing Board from January 1, 2014

to expire December 31, 2014.

Mr. Russo seconded the motion.

ROLL CALL ON THE MOTION:

            Joseph McGarry                           Yes

            Fran Coleman                               Yes

            Richard Russo                              Yes

            Timothy Bilsky                        No

            John Severine                                No

            Paul Sharkady                               No

            John Bevec                                   Yes

RESULTS OF THE MOTION:  Four Yes,

Three No.  Motion carried.

2.        Mr. McGarry motioned to appoint Mr. Jeffrey

Derrico to a two year term on the Canonsburg

Borough Zoning Hearing Board from Janu-

ary 1, 2014 to expire December 31, 2015.

Mrs. Coleman seconded the motion.

The motion was passed unanimously.

 

 

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3.        Mr. McGarry motioned to appoint Mr. John

Alterio to a three year term on the Canonsburg

Borough Zoning Hearing Board from Janu-

      ary 1, 2014 to expire December 31, 2016.

Mrs. Coleman seconded the motion.

ROLL CALL ON THE MOTION:

            Joseph McGarry                           Yes

            Fran Coleman                               Yes

            Richard Russo                              Yes

            Timothy Bilsky                        Yes

            John Severine                                Yes

            Paul Sharkady                               No

            John Bevec                                   Yes

RESULTS OF THE MOTION:  Six Yes, One

No.  Motion carried.

L.       Appointments to Canonsburg Borough Planning Commission

1.        Mr. Severine motioned to appoint Mr. Tim

Bilsky to a four year term on the Canonsburg

Borough Planning Commission from Janu-

ary 1, 2014 to expire December 31, 2017.

Mr. Russo seconded the motion.

ROLL CALL ON THE MOTION:

            Joseph McGarry                           No

            Fran Coleman                               No

            Richard Russo                              Yes

            Timothy Bilsky                        Abstain

            John Severine                                Yes

            Paul Sharkady                               Yes

            John Bevec                                   No

RESULTS OF THE MOTION:  Three Yes, Three

No.  TIE VOTE.

Mayor Rhome broke the tie by casting a vote for

Mr. Bilsky.  MOTION CARRIED.

 

 

 

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2.        Mr. Russo motioned to appoint Mr. Steve Moskal

to a four year term on the Canonsburg Borough

Planning Commission from January 1, 2014 to

expire December 31, 2017,

Mrs. Coleman seconded the motion.

ROLL CALL ON THE MOTION:

            Joseph McGarry                           Yes

            Fran Coleman                               Yes

            Richard Russo                              Yes

            Timothy Bilsky                        No

            John Severine                                No

            Paul Sharkady                               No

            John Bevec                                   Yes

RESULTS OF THE MOTION:  Four Yes, Three

No.  Motion carried.

3.        Mr. Russo motioned to appoint Mr. George Lout-

sion to a four year term on the Canonsburg Bor-

ough Planning Commission from January 1, 2014

to expire December 31, 2017.

Mr. McGarry seconded the motion.

Remarks:  Mr. Bilsky asked if anyone was aware of

Mr. Loutsion’s past due garbage bills.

Mr. Kipp stated that he and Mr. Loutsion will be

meeting Monday morning to make payment arrange-

ments for the rental properties.

Discussion was held.

Mr. McGarry withdrew his second.

Mr. Russo withdrew the motion,

It was decided to table this motion for further informa-

tion on this person.

                       Mr. Bevec stated for the record that says this would

                       qualify or disqualify a person, but he agrees that it

                       should be current.

 

 

 

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4.        Mr. Bilsky motioned to appoint Mr. John DeFilippo

to a four year term on the Canonsburg Borough

Planning Commission from January 1, 2014 to ex-

pire December 31, 2017.

Mrs. Coleman seconded the motion.

The motion was passed unanimously.

5.        A four year term on the Canonsburg Borough Plan-

ning Commission is vacant and needs to be filled.

This would be from January 1, 2014 to expire

December 31, 2017.

M.    Canonsburg Borough Uniform Construction Code Board

A vacancy exists on this Board for a two year term and

the position needs to be filled.  It would begin January 1,

2014 and expire December 31, 2015.

N.      Motion to Set Bond for Robert Maceiko

Mr. McGarry motioned to set the bond for Mr. Robert Ma-

ceiko, the Tax Collector for Canonsburg, in the amount of

$545,000, which is 30% of the estimated 2013 tax duplicate

of $1,809,670 for the Borough of Canonsburg.

Mrs. Coleman seconded the motion.

ROLL CALL ON THE MOTION;

                 Joseph McGarry                           Yes

                 Fran Coleman                               Yes

                 Richard Russo                              Yes

                 Timothy Bilsky                        Yes

                 John Severine                                Yes

                 Paul Sharkady                               Yes

                 John Bevec                                   Yes

RESULTS OF THE MOTION:  Seven Yes, Zero No.  Motion

carried.

O.     Committee Assignments Made by President

Mr. Bevec stated that he wasn’t going to assign committees

at this point.  He asked Council members to send him an

 

 

 

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e-mail if anyone has an interest in a certain committee.

P.       Setting of Times and Dates of Meetings

Mr. McGarry motioned to set the times and dates of the

meetings as follows:

      Agenda Meeting – First Monday of Month – 7:00 P.M.

      Voting Meeting – Second Monday of Month – 7:00 P.M.

      Other Mondays and Tuesdays of Month will be available

      for workshops.  If anything other than a workshop is to

      be held on these Mondays and Tuesdays, it will be ad-

      vertised ahead of time.

Mr. Bilsky seconded the motion.

The motion was passed unanimously.

VII.         MAYOR’S REPORT:

Mayor Rhome reported on the following:

A.      Police Report for December, 2013

B.      Parking Enforcement Report

C.      Borough Building

The Mayor asked the Council members to think about where

they want to put certain items, such as pictures, Hall of Fame

Memorabilia case, and name plates.

D.      Parking Permits

Mr. Severine asked if the parking permits have been color

coded.

Mayor Rhome informed him that this was done.

Mr. Severine asked if the meter maid will be tagging the cars

with permits if they are parked in the wrong lot.

Chief Bell replied that this is why they are color coded, and

it will be enforced.

E.       Head In Signs for Parking Lots – Brought up by Mr. Severine

VIII.      FINANCE REPORT:

A.      Presentation of Bills for Approval – Fran Coleman

Mrs. Coleman motioned to pay the bills, which includes

the following:

 

 

 

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1.        General Fund

2.        Waste Water Plant Operations

3.        Garbage Service

4.        Fireman Allocation

5.        I & I

6.        Capital Projects

            Mr. McGarry seconded the motion.

            Remarks:  Mr. Sharkady said he noticed that most of the

            checks were dated December 31, 2013 and wanted to know

            who approved those bills.

 

Adjourned 8:45