Ford City Avoids Legal Battle with Former Engineer
Former Borough Engineer James Garvin, of Garvin Engineering in Blairsville, could have been in a legal dispute with Ford City Borough if enough votes were tallied at this month’s regular meeting (KP File Photo).
by Jonathan Weaver
A broken relationship between Ford City Borough Council and a former engineering firm almost led to possible legal action.
For more than a year, Garvin Engineering, of Blairsville, advised Ford City Borough Council about their water treatment plant, but he was fired in April 2014.
However, Council Vice-President Jerry Miklos made the motion to authorize Babst, Calland, Clements and Zomnir, P.C. to explore legal action against Garvin Engineering and Municipal Management.
However, there was no second to the motion.
Miklos was puzzled as to the reason, since funds were spent during the lifetime of the contract.
“People are concerned about money in this Borough – here, we have a couple hundred thousand dollars and nobody seconds this motion? This is incredible,” Miklos said.
Garvin Engineering was unanimous fired in April 2014
After accruing $63,250 in fines - $250 per day - for failing to fulfill a consent order for plans for the new water treatment system, Borough Engineer James Garvin was unanimously fired at the end of April 2014 and Gibson-Thomas Engineering of Latrobe (Westmoreland County) was hired and complimented on their work so far.
By September 2014, the Department of Environmental Protection has successfully acknowledged the receipt of the allocation permit, discharge permit and public water supply permit (for the water plant itself).
Resident Stacy Klukan thought Solicitor Anthony Vigilante should be pursuing legal action if necessary, not the Borough’s police labor attorneys. However, Vigilante said he recommended Borough officials seek specialists in professional liability.
Another monetary issue was addressed by outgoing Councilman Gene Banks.
Former Councilman Josh Abernathy and Borough Manager Eden Ratliff attended Pennsylvania’s Construction Codes Academy in Harrisburg earlier this year to be certified to conduct building inspections.
Abernathy resigned from Borough Council September 27.
Effective at the next regular Council meeting, Councilman Banks asked that Abernathy reimburse the borough $375 for the code official training he received.
“Mr. Abernathy resigned his Council seat and moved out of the Borough shortly thereafter – thus, the Borough will not receive any benefit from having paid for him to attend this course,” Banks said. “As Council members, we are custodians of our taxpayer funds and I think it is imperative that we seek reimbursement from Mr. Abernathy for the monies paid to send him to this course.
We cannot pay for things that do not benefit the Borough. Doing so is a misuse of Borough funds.”
According to Borough Manager Eden Ratliff, Abernathy was sent two letters – including one that was certified mail – addressing the issue. Abernathy has since not addressed the issue in writing as Ratliff was told, but did return his Borough keys and code book.
A second letter will be sent to Abernathy.
By savvynewshound, December 22, 2015 @ 7:11 AM
I can’t believe you didn’t get a second Jerry! You have been the most litigious person in Ford City Borough over the last couple decades. Other council members are embarrassed to second your motions!!!
Please ride off into the sunset quietly…