Wednesday, January 5, 2011

Back To Work

Council covered alot of ground during a relatively short January 4th Committee of the Whole Meeting. Here are the highlights.


Economic Development Committee (EDC)
Council finished interviewing the last of the eight candidates for the newly-revitalized EDC. Next week, Council members will declare their picks. The top five vote getters will get the nod.


The individuals under consideration include: Vince Adamus; Michael DeStefano; Maurice Helou; Dan Greve; Don McFadden; Janet Schiciano; Guy Totino; and Stan Walczyk.


How lucky the city is, to have such an impressive array of citizens willing to step forward and offer their services.



Giant Eagle’s Proposal for the Catalano’s Property
The city is still waiting to receive a more detailed proposal from Giant Eagle (GE) regarding its plan to put a "Get-Go" gas station, a car wash, amini-store and cafe, and a small retail building on the Catalano's site, but GE is already working on getting a necessary traffic study done.


The parcel is not currently zoned for “motor service” use, which means that residents will have to approve some sort of rezoning in order for GE to put gas station on the property.


Both Mayor Coleman and Council President Scott Mills reported that the public reaction that they have received to the proposal has been split 50/50, for and against the plan.


Councilwoman Lisa Stickan, whose ward includes the Catalano property, reported that she has received mostly favorable reactions from her constituents and that they expressed concern that Council would not fully “hear it (the proposal) out before making a decision.”


Based on its track record, I am not really concerned that Council will rush to judgment. After all, Council debated the fate of the abandoned church that sat on the City Hall property for more than two years before finally deciding to raze the substandard and decrepit building...



Bass Energy Ups the Ante
Rumors flying around the city were confirmed on Tuesday night: Bass Energy filed papers in late 2010 (apparently as soon as the Gas Well Committee was announced) seeking arbitration of its breach of contract claim against the city.


This, of course, opens the door for the city to make its own arguments to the arbitrator. It could argue:
  1. that the city is not bound by the drilling lease given the fact that Mayor Coleman had “no power” to sign it;
  2.  that no breach of contract occurred because the authorizing resolution and lease contract both make clear that the city retained the power to choose drilling sites---and the city ultimately decided no safe drilling sites existed in the park; or
  3.  that the drilling lease if void due to “fraud in the inducement” –i.e., Bass misrepresented the safety of frac drilling and the city never would have considered drilling in the park but for those misrepresentations.
It was clear that Bass’s filing for arbitration had its intended effect--fear and intimidation--on at least some Council members. Judging by their reactions on Tuesday night, it appears to me that several Council members are more than ready to give Bass anything it wants--anything to avoid having to actually stand up and fight to protect residents and the park. I am afraid that they might even be willing to pull an end-run around the Gas Well Committee that was formed---with Council’s unanimous consent---in December.

That thought came to mind when I heard Councilman Ed Hargate insistently demand that Council hold an executive session as soon as possible to discuss the Bass matter. Hargate even went so far as to suggest scheduling a special meeting sometime this week---he didn’t want to wait until next Tuesday’s regularly scheduled Council meeting.


He’ll have to wait. He’ll get his executive session. Next Tuesday. At the end of the regular Council meeting. The city’s outside attorney will be asked to attend.
Stay tuned. It could be a bumpy ride.