STOWA.  CITY OF JOHNSTOWN CITY COUNCIL AGENDA ANTHONY C. TRUSCELLO COUNCIL CHAMBERS WEDNESDAY,OCTOBER 11, 2023 REGULAR MEETING - 6:00 P.M.  City Council Frank. Janakovic, Mayor Michael Capriotti, Deputy Mayor Charles Arnone Ricky Britt Laura Huchel Rev. Sylvia King Marie Mock  DECEMBER  CALLTOORDER: INVOCATION: PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF MINUTES:  1. Regular Council meeting minutes of September 13, 2023 PROCLAMATIONS, AWARDS, HONORS, RESOLUTIONS OF RECOGNITION: PUBLIC COMMENT: AGENDA ITEMS ONLY (Limit 51 minutes)  REPORTS: 1. CITYMANAGER 2. MAYOR 3. CITY SOLICITOR 4. CITY ENGINEER PETITIONS:  5. COUNCIL UPDATES/NEIGHBORHBORHOODLIAISONS ORDINANCES FOR FINAL READ AND ADOPTION:  Billl No. 8 of2023 - Business Privilege Tax Collection Date Change The City's current collection date for the Business Privilege Tax is in March, which makes the payment oft this tax inconvenient for the businesses that pay it, as the current collection date is prior to April when most businesses file their taxes. The Greater Johnstown School District also collects this tax, but with aj payment deadline in May. The City is proposing to change its collection date from March to May, in order to simplify the filing process for businesses. The change will also enable GJSD: and the City to be able to send one bill instead oftwo. AN ORDINANCE AMENDING THE CITY'S BUSINESS PRIVILEGE TAX ORDINANCE NO.4312, PASSED NOVEMBER 22, 1983, AS AMENDED BY ORDINANCE NOS. 4610, 4670, 4816, AND 5327, AND AS CODIFIED ATTITLE: FOUR, SECTION 872.05 OF CHAPTER EIGHT OF THE CITY OF. JOHNSTOWN CODIFIED ORDINANCES, TO AMEND THE. ANNUAL COLLECTION DATE OF THE BUSINESS PRIVILEGE TAX  FROM MARCH TO MAY OF ANY APPLICABLE YEAR    Recommended Action Make ai motion to grant final approval to Bill No. 8 which will align the City of Johnstown Business Privilege Tax collection date with the Greater Johnstown School District's collection  date.  ORDINANCES FOR FIRST: READ:  Billl No. 9 of2023 (TABLED) Update to Public Participation Standards and Procedures at Council Meetings Council wishes to update and clarify standards and procedures regarding public participation at City Council meetings to ensure compliance with current applicable law. Due to the timeline of pending litigation carrying intol November, and the litigation being turned over to the City'sinsurance carrier, this Bill will need to be withdrawn. Itis anticipated another ordinance with the intent to update public participation standards will bei introduced, but not until later ini the year or 2024.  AN ORDINANCE AMENDING ORDINANCE 4654 TITLED AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE CODE FOR THE CITY OF. JOHNSTOWN, PENNSYLVANIA DESIGNATED POWERS AND DUTIES OF THE COUNCIL, CITY MANAGER, AND OTHER MUNICIPAL OFFICIALS, PASSED FINALLY ONOCTOBER 27, 1993. AND AS AMENDED BY SUBSEQUENT ORDINANCES SPECIFICALLY. LISTED ANDDETAILED WITHIN NOTE1 10 OF SAID ORDINANCE BELOW', BY AMENDING CERTAIN SECTIONS OF ARTICLEII-I ELECTED OFFICIALS - COUNCIL ORGANIZATION AND PROCEDURES, AND SPECIFICALLY, CODIFIED ORDINANCE SECTION: 210.13, TO PROVIDE UPDATED PROCEDURES AND STANDARDS FOR Recommended Action - Make ai motion tot take Bill Number 9 off the table. Then make ai motion to withdraw Bill Number 9 from future consideration in anticipation of an updated Bill that will update City  PUBLIC PARTICIPATION AT COUNCIL MEETINGS  public participation standards. RESOLUTIONS:  Bid Approval to Purchase Anti-Skid Material for the 2023-24 Winter Season Council is asked to consider approval ofa contract with Ligonier Stone and Lime for the purchase of anti skid material for use during winter road maintenance operations. The Public Works Department conducted al bidding process for the contract which resulted in three bids. The contract with Ligonier Stone and Lime is the lowest bid, at a cost of $25.10 per ton delivered.  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. JOHNSTOWN, CAMBRIA COUNTY, PENNSYLVANIA AUTHORIZING THE CITY MANAGER TO AUTHORIZE THE PURCHASE OF AS-2. ANTI SKID FROM: LIGONIER STONE AND LIME D/B/A DERRY STONE. AND LIME FOR THE: 2023-2024 CALENDAR  YEAR  Recommended Action - Make ai motion to approve the bid from Ligonier Stone and Lime to purchase anti-skid material for the 2023-24 winter season at aj price of $25.10 ton delivered. Bid Approval to Purchase of Rock Salt for the 2023-24 Winter Season - Council is asked to consider approval ofa contract with American Rock Salt for the purchase ofr road salt for use    during winter road maintenance operations. The Public Works Department proposes to use the COSTARS state contract for this product which has been previously bid by the Commonwealth. The contract with American Rock Salt is the lowest current bid, at a cost of $89.54 per ton  delivered.  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. JOHNSTOWN, CAMBRIA COUNTY, PENNSYLVANIA AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE OF ROAD SALT FROM. AMERICAN ROCK SALT WITH DEPARTMENT OF GENERAL SERVICES COSTARS PROGRAM FOR THE Recommended Action - Make a motion to approve the bid from American Rock Salt through the Commonwealth of Pennsylvania's COSTARS program fort the purchase of rock salt during the Bid Approval for Granite Work at Fireman's Memorial Park - Council is asked to consider approval ofac contract with F&G Monument Lettering for granite work to be completed as aj part oft the Fireman's Memorial Park project. The Department of Community and Economic Development conducted. al bidding process for the project which resulted in one bid, in the amount  2023-2024 CALENDAR YEAR  2023-24 season at aj price of $89.54 per ton delivered.  of$29,975.28.  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. JOHNSTOWN, CAMBRIA COUNTY, PENNSYLVANIA, AUTHORIZING AND) DIRECTINGTHE CITY MANAGER TO SIGN A CONTRACT WITH F&G MONUMUMENT LETTERING IN THE. AMOUNT OF $29,975.28 FOR CONTRACT #2023-07,  FIREFIGHTERS MEMORIAL PARK GRANITE WORK  Recommended Action Make a motion to approve the bid from F&G Monument Lettering for granite work to be completed as aj part oft the Fireman's Memorial Park project. Bid Approval for Concrete Work at Fireman's Memorial Park - Council is asked to consider approval ofa contract with Moyer Concrete for concrete work to be completed as a part oft the Fireman'sl Memorial Park project. The Department ofCommunity and Economic Development conducted al bidding process for thej project which resulted in the low bid amount of $62,500. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. JOHNSTOWN, CAMBRIA COUNTY, PENNSYLVANIA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN A CONTRACT WITH MOYER CONCRETE IN THE AMOUNT OF $62,500.001 FOR CONTRACTH2023-05, FIREFIGHTERS MEMORIAL Recommended Action Make ai motion to approve the bid from Moyer Concrete for concrete Approval for Lighting Work at Fireman's Memorial Park- Council is asked to consider approval ofa contract with Repco II for lighting work to be completed as a part oft the Fireman's Memorial Park project. The Department of Community and Economic Development conducted: a bidding process for the project which resulted ini no bids. The Department of Community and  PARK CONCRETE WORK  work to be completed. as aj part oft the Fireman's Memorial Park project.    Economic Development subsequently obtained ai fair and reasonable quote that is within range of  the budgeted amount int the amount of $35,112.  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JOHNSTOWN, CAMBRIA COUNTY, PENNSYLVANIA, AUTHORIZING AND: DIRECTING THE CITY MANAGER TO: SIGN A CONTRACT WITH REPCO IIIN THE AMOUNTO OF $35,112.00 FOR CONTRACT #2023-10, FIREFIGHTERS MEMORIAL PARK Recommended Action Make ai motion to approve the bid from Repco II in the amount of $35,112 for lighting work to be completed as aj part oft the Fireman' s Memorial Park project. Lot Merge Plan for Property at 143 Lorain Street Thej property owners at 143 Lorain Street are seeking approval to merge two existing lots together for the purpose ofs selling thel house located on one ofthe lots. The subdivision was recommended for approval by the. Johnstown Planning Commission during their regularly scheduled September meeting. The Cambria County Planning Commission also reviewed the plan and recommended its approval.  LIGHTING  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JOHNSTOWN, CAMBRIA COUNTY, PENNSYLVANIA, APPROVING A MINOR SUBDIVISION LOT MERGE OF PROPERTIES LOCATED AT 143 LORAIN STREET  Recommended Action - Make a motion to approve the lot mergelsubdivision plan for property at HOME American Rescue Plan Funding (TABLED). Earlier this year, the City conducted required public meetings to solicit input on the use of American Rescue Plan funding received through the HUD HOME program. The feedback received favored the development ofa non- congregate shelter. Its should be noted the use ofthis allocation of American Rescue Plan funding through the HUDI HOME program is much more: restrictive than other Rescue Plan funding The City subsequently released ai request for proposals for the development ofar non-congregate shelter, and received two proposals. Only one proposal met the criteria for use oft the funds for the intended project. That proposal is from Victim's Services, which proposes to construct the At the August 9th Council meeting, the proposal was tabled and not discussed, and remained tabled at the August 22nd special Council meeting and September 13th regular Council meeting. The item is placed on the agenda for Council consideration and discussion.  143 Lorain Street.  received by the City, and is primarily intended for housing projects.  non-congregate shelter at 307 Vine Street.  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. JOHNSTOWN PENNSYLVANIA AUTHORIZING THE CITY MANAGER TO EXECUTE AND TAKE. ANY/ALL ACTIONS NECESSARYTO EFFECTUATE AN AGREEMENT WITH VICTIM SERVICES INCORPORATED IN THE AMOUNT OF$749,683.00 THROUGHTHE CITY'S HOME. AMERICAN RESCUE PLAN PROGRAM FOR THE DEVELOPMENT OF A NON-CONGREGATE SHELTER WITHIN THE CITY OF  JOHNSTOWN    Recommended Action Make ai motion to remove the item from the table for discussion about the proposal for proposal from Victim' 's Services Inc. to construct a non-congregate shelter at 307  Vine Street. NEW BUSINESS:  Tax Settlement for Property at 151-61 Fairfield Avenue This settlement is in regards to a property at 155-61 Fairfield Avenue that burned in December 2018. The settlement is due to the owner paying taxes in 2019 and 20181 that were not adjusted by the assessor's office to account for the loss oft the building due to the fire. The settlement will adjust the tax tol be paid by the property owner to account for the lower assessed value due to the loss oft the building. The settlement includes an adjustment for the 2018 taxes, and a reduction ofthe 2019 penalty and interest that accrued due to the incorrect assessment being used. There is no objection from staff Recommended Action Motion to approve settlement oft the tax assessment appeal filed to Cambria County Docket Number 2022-3136 pursuant to the terms set forth in the Settlement Stipulation and further to authorize the solicitor to execute the necessary documentation to Civil Service Board Vacancy There is an open seat on the Civil Service Board. Bruce Newkirk ist the lone volunteer for this position and previously served on this board. The Recommended Action Make ai motion to appoint Bruce Newkirk to the Civil Service Board for Motion to Appoint Interim Solicitor Beard Legal Group provided notice to the City last month their firm would no longer provide legal services to the City as ofOctober 2023. Since the notice fort this action was rather short, the City needs immediate legal counsel. City staff secured the services of Dillon, McCandless, King, Coulter & Graham through the end of2023. Recommended Action - Make a motion to appoint Dillon, McCandless, King, Coulter & Graham  to this settlement.  effectuate same.  appointment is for ai three term that runs through 8/11/2026.  at term that expires on August 11, 2026.  as the City's interim solicitor.  OLD BUSINESS:  Planning Commission Vacancies There remain two vacancies on the Planning Commission after member resignations earlier in 2023. Twoapplications on file fort the Planning Commission vacancies are included with the agenda materials. The applications are from Mike Grandinetti Recommended Action - Review applications to serve on the. Johnstown Planning Commission and make ai motion for an appointment: for terms that run through January 31, 2027.  and Linda Yutzy. Both terms expire on January 31,2027.  DEPARTMENT REPORTS: 1. Public Works 2. Police Department 3. Fire Department 4. Finance    5. Community Development 6. Code Enforcement  PUBLIC COMMENT: NON-AGENDA ITEMS (Limit 3 minutes)  RECESSADOURMMENT:  NEXT. REGULARLY SCHEDULED COUNCIL MEETING- - November 8, 2023 at 6:00 p.m.  Copies ofo all stoff reports and documents subject to disclosuret that relate to any item of business referred to ont the agenda are available for publici inspection the Friday before each regularlys scheduled meeting at City Hall, locatedo at4 401 Main Street, Johnstown, Pa. Inc accordance with the Americans with Disabilities Act, ifyour needs speciald assistance top participate int this meeting, please contact City Hall (814) 539-2504 ext. 102. Notification 48-hours before the meeting will enable the City tor make reasonable arrangements to ensure  accessibility tot this meeting.