Banner Parklet's late addition to agenda irks Kearns, Pavlik
When Murrysville officials approved an agreement that gives the Murrysville Economic and Community Development Corp. the authority to market the sale of Banner Parklet, not many residents questioned the move.
That's because officials waited until the last minute to add it to the agenda.
Before the start of last week's council meeting, the approval of an agreement on Banner Parklet was placed on the agenda as an "unlisted amendment."
"This wasn't announced, it wasn't in the paper, and it's against the (municipal) charter," said Councilman Dennis Pavlik.
Normally, council agendas are announced a week before council meetings. Pavlik said he found out about the proposed agreement early last week.
"We didn't get this information until Monday," Pavlik said.
The agreement was approved 4-2 May 7 with Pavlik and Kearns opposed and council President Nancy Kacin abstaining because her husband, Richard Kacin, is a member of the corporation.
Resident Shirley Turnage, who has been outspoken against the agreement, said she learned on Wednesday morning the issue would be up for a vote. She said she was worried the public didn't have enough time to review the document. She also said she was worried the way it was added to the meeting could violate the charter.
The charter requires that the agenda be available to public 48 hours before a council meeting. It normally is posted at the municipal building the Friday before a meeting.
The agenda was posted on the previous Friday as usual but without the Banner Parklet agreement included. On Monday, information on the agreement was posted on the Murrysville municipal Web site and officially was added to the agenda at the beginning of Wednesday's meeting.
Councilwoman Joan Kearns agreed with Pavlik and said the public should have more time to review the agreement and have input. The process of adding items late to the agenda shouldn't a common one, she said.
"I think it's bad practice to start doing that," Kearns said.
Putting an item on the agenda at the last minute should be reserved for emergency situations, Kearns said.
John Cardwell, executive director of the Murrysville Economic and Community Development Corp., said he knew the agreement would be up for a vote on Wednesday after seeing the agreement posted on the municipal Web site.
He said the corporation was looking forward to using the property to advance the municipality's downtown refurbishment.
Councilman Larry Nicolette said this wasn't the final step in transferring the property to the corporation. An ordinance must be advertised and approved before the deal is final.
Solicitor George Kotjarapoglus said officials were approving only the content in the agreement but that the ordinance was needed to make it final.
Chief administrator John Barrett said the agreement was the last step in completing the sale of Banner Parklet to the corporation. That deal was approved in April 2006.
"It really hasn't been lightning quick pace," he said.
Because the agreement has to be approved by an ordinance, approving it now gives the public six weeks to review and digest the information, Barrett said.
The agreement calls for the corporation to receive no more than $250,000 from the sale of the property. That money can only be used for loans to local businesses. If the organization can't sell the property in six years or can't combine it with the Blue Spruce hotel property that is for sale next to it on Route 22, then the property goes back to Murrysville.
Turnage said she was worried that the property is being given to the corporation "as is" and has not received final clearance from the Department of Environmental Protection. The property has had trouble in the past because of underground gas tanks that were left by a previous tenant.
Chief administrator John Barrett said he was confident the property is clean. Kotjarapoglus said the "as is" clause was to protect the municipality.
"I don't want the CDC or a future buyer to come back and say they didn't get notice," Kotjarapoglus said.
Councilman Theo van de Venne said he supported the agreement because it could benefit the municipality's Streetscape project. That project would enhance businesses along Old William Penn Highway by creating sidewalks and lighting.
"This is a classic win-win situation," Van de Venne said.
Pavlik said he didn't like the notion that the Streetscape project could not be completed without giving Banner Parklet to the corporation.
He also doesn't like that the corporation can give out loans from the money earned from the park because many of the business owners are members of the corporation.
Nicolette said allowing the corporation the chance to try and tie the property into the hotel property next to it could bring more tax money into the municipality once new businesses come in.
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