Seeking new Refund from Attorney Ira Weiss
Borough Solicitor Ira Weiss has refunded monies received for the Unauthorized Meetings as described below in the next Post. The amount of refund was $6,237 . WEC Engineers, the other Borough Consultant involved in these Unauthorized Meetings have not refunded any money yet.
The legal procedures to recover monies from these Unauthorized Meetings have brought up the subject of the 2006 Consent Order with Franklin Nursery and the possibility of refund of payments from Borough Solicitor Ira Weiss in that case. The case stems from the signing of a Consent Order in secret, in an Executive Session without a Motion and a Vote in a Public Meeting:
The Franklin Nursery had been cited for 3 Zoning Violations by the Borough. The Consent Order was written to pardon these Zoning Violations as well as any future zoning violations by the Nursery, thus giving them perpetual amnesty. Whereas the rest of the Borough had to follow our zoning laws, the Nursery would be exempt from complying with zoning laws for ever
There was a Commonwealth Court Order of year 2000 further affirmed by the PA Supreme Court that said that NO Wholesale Business would be permitted from Parcel B for the Nursery. As part of the Consent Order, the Franklin Nursery would have been permitted to store 4000 yards (40 tractor trailor loads) of mulch, 1,000 yards of manure, 3 tractor trailers, a tub grinder, 5 Dump Trucks on Parcel B among other things as a Retail Business. Parcel B is about a 1 acre parcel with no possibility of storing all these materials and trucks and calling this volume of mulch and manure "retail trade" is ludicurous.
Quite naturally, Mr. Andrew Hrishenko and his neighbors went to court against the Borough for signing this Consent Order, signed by our then Council President Martha Creese in an Executive Session without a Motion and a Vote in a Public Meeting. The Borough paid Ira Weiss for writing the Consent Order with the Nursery's Lawyer and then paid Ira Weiss to defend this Consent Order in court, which we lost in 2007.
The case was sent back to Judge James to rule on the 3 Zoning Violations by the Nursery, which he did in Nov 2009.
Now I am asking that Ira Weiss refund the payments to him for his services in relation to this Consent Order of about $10,000 to $15,000 , whatever it cost the Borough due to unnecessary litigation resulting from the Consent Order being signed in secret, in Executive Session without a Motion and a Vote in a Public Meeting.
My Motion seconded by Andrew Hrishenko at the July 21, 2010 meeting to retain Attorney Mike Santicola to investigate this matter was defeated. Voting against the Motion were Amy Sable, Jane Hopey and Richard Hartman with David Quatchak absent. See Tribune Review of July 22, 2010 for the report: www.pittsburghlive.com/x/pittsburghtrib/news/s_691482.html and July 19, 2010 Tribune Review for details: www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_691002.html
The legal procedures to recover monies from these Unauthorized Meetings have brought up the subject of the 2006 Consent Order with Franklin Nursery and the possibility of refund of payments from Borough Solicitor Ira Weiss in that case. The case stems from the signing of a Consent Order in secret, in an Executive Session without a Motion and a Vote in a Public Meeting:
The Franklin Nursery had been cited for 3 Zoning Violations by the Borough. The Consent Order was written to pardon these Zoning Violations as well as any future zoning violations by the Nursery, thus giving them perpetual amnesty. Whereas the rest of the Borough had to follow our zoning laws, the Nursery would be exempt from complying with zoning laws for ever
There was a Commonwealth Court Order of year 2000 further affirmed by the PA Supreme Court that said that NO Wholesale Business would be permitted from Parcel B for the Nursery. As part of the Consent Order, the Franklin Nursery would have been permitted to store 4000 yards (40 tractor trailor loads) of mulch, 1,000 yards of manure, 3 tractor trailers, a tub grinder, 5 Dump Trucks on Parcel B among other things as a Retail Business. Parcel B is about a 1 acre parcel with no possibility of storing all these materials and trucks and calling this volume of mulch and manure "retail trade" is ludicurous.
Quite naturally, Mr. Andrew Hrishenko and his neighbors went to court against the Borough for signing this Consent Order, signed by our then Council President Martha Creese in an Executive Session without a Motion and a Vote in a Public Meeting. The Borough paid Ira Weiss for writing the Consent Order with the Nursery's Lawyer and then paid Ira Weiss to defend this Consent Order in court, which we lost in 2007.
The case was sent back to Judge James to rule on the 3 Zoning Violations by the Nursery, which he did in Nov 2009.
Now I am asking that Ira Weiss refund the payments to him for his services in relation to this Consent Order of about $10,000 to $15,000 , whatever it cost the Borough due to unnecessary litigation resulting from the Consent Order being signed in secret, in Executive Session without a Motion and a Vote in a Public Meeting.
My Motion seconded by Andrew Hrishenko at the July 21, 2010 meeting to retain Attorney Mike Santicola to investigate this matter was defeated. Voting against the Motion were Amy Sable, Jane Hopey and Richard Hartman with David Quatchak absent. See Tribune Review of July 22, 2010 for the report: www.pittsburghlive.com/x/pittsburghtrib/news/s_691482.html and July 19, 2010 Tribune Review for details: www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_691002.html
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