NewsNow: Authority seeks borough’s ouster from building

March 25--Days after Conyngham borough inspectors issued stop-work orders on the Conyngham Borough Authority building at 245 Main St., the authority's board authorized its solicitor to take action against the borough to vacate its building.

The board met in an emergency session Tuesday at its building, which is a shared facility with the borough streets department. The authority leases the rear portion of the building to the borough for $1 a month.

The authority listed several reasons for the action, including the borough failing to make rental payments, provide insurance certificate and provide a list of key holders for the building.

The borough also has an improper occupancy permit per a letter from Dennis Peters, who served as borough engineer for 38 years, authority board Chairman Lou Rizzo said.

Peters Engineering was hired last year to complete the renovations on the authority building for both the authority and the borough. Council recently hired another firm regarding the building projects, ousting the Peters firm.

In his letter to council, Peters noted that the borough stopped work on a ramp project that was benefiting its employees in an emergency.

"The stop-work orders jeopardize the safety and welfare of the borough workers," Peters wrote.

<p>In addition, the ramp is necessary for the borough to obtain an occupancy certificate, and the borough is occupying its portion of the building without an occupancy permit, he said.

"Please be advised that under IBC, a Building Code Official cannot issue a certificate of occupancy unless they were in responsible charge of the building inspection project or have inspectors directly under their jurisdiction who are familiar with the inspection of the building," he wrote.

Peters, which did all of the inspections on the building, further stated that his firm would not be responsible for "arbitrary stop-work orders" or the consequences resulting in council's action to violate its contract with his firm.

"Our firm will not be responsible for any issuance of a certificate of occupancy through any firm not in responsible charge of the inspection process and we intend to do nothing further related to the Borough portion of the building," he continued.

Contacted about the occupancy permit, Peters confirmed that the borough doesn't have a permit and said he wasn't sure what the borough would do now, since his firm has done all the inspections.

Authority member Joseph Gallagher, who also serves on borough council, which voted to dissolve the authority and form a joint authority with Sugarloaf Township, voted against the move to eject the streets department from the building.

After the meeting, Gallagher said the borough moved into the building before the authority and doesn't need an occupancy permit. The authority bought the building from the borough last year.

"If the authority is claiming they have the power to evict us then they are claiming they have responsibility for the building," he said. "The violation then becomes their problem, which can't be resolved until they satisfy their code violations."

Also, the stop-work order is for a retaining wall between the buildings, Gallagher said. Other potential violations exist, but design plans, which are unavailable, are needed to review, he said.

Legal

The authority also moved to take legal action to appeal or respond to the stop-work order issued by the borough. Gallagher voted against the move. Paving, a handicapped-accessible ramp and a few minor items on the authority side still need to be completed, which are affected by the order, Rizzo said.

Rizzo also was authorized by the board to take all legal action to counter any and all action taken by borough council or its agents. He said any action taken would be explained at the next authority meeting.

The board also terminated the services of Donald Karpowich and the law offices of Donald Karpowich PC relative to the litigation between the authority, Sugarloaf Township and the Meadows development. Karpowich served as conflict counsel for the authority. He now serves as borough solicitor.

Authority member Leonard Rossi voted against that motion.

Lettering

The authority moved to put signs on the building and doors with its name, hours and emergency contact numbers, and will apply for necessary permits.

Board member Ken Temborski said the lettering would go on the building and doors, and the name will say Conyngham Borough Authority Water and Sewer Division.

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