No Plans for Dormont Council to Revoke Skate Park Agreement

members say they’re not planning to revoke an agreement between the borough and —but at least one council member is concerned because he said he didn’t know about the agreement at all.

The document— a Memorandum of Understanding between the borough and Pitcher Park, which was forwarded to Dormont-Brookline Patch by a community member—is posted with this article as a PDF file. Dormont-Brookline Patch confirmed with council President Bill McCartney on Friday that the document is true and accurate.

But Councilman John Maggio—who was a council member in May of 2011 when the document was signed—said he didn’t know the document existed. He said he never saw the agreement until McCartney sent copies of it to council members Friday morning.

Although plans for the park have been discussed at council meetings, Maggio said the written agreement was never discussed or voted on at a council meeting. The document is signed by borough manager Gino Rizza, former council President Kim Lusardi, borough solicitor Deron Gabriel, and Pitcher Park President Mary Pitcher.

“I never saw the contract until this morning,” Maggio said. “I didn’t know anything had been signed.”

Maggio said the topic arose when McCartney asked council members for input about borough topics that needed further discussion. Maggio said he suggested revoking because he thought there still were too many unanswered questions about the project.

However, he said, at the time he made that suggestion to McCartney, he didn’t know the written agreement existed.

McCartney said he found and read the agreement after both community members and council members questioned the document, and he forwarded the document to all council members on Friday morning.

“I think because I was on the planning commission, I had heard there was a formal agreement between Pitcher Park and the borough,” McCartney said. “When that issue arose to be placed on the agenda, I thought I’d better find and look into the agreement.”

Lusardi said although she signed the agreement, she didn't have a part in writing the language of it. Her understanding, she said, was that the Memorandum of Understanding needed to be drawn up in accordance with the ordinance council passed allowing Pitcher to seek funding and plan for the park.

"I was counciled on the fact that this was just following the vote on the ordinance we did allowing (Pitcher) to go ahead and fundraise for the skatepark," Lusardi said. "It's just another action following the ordinance."

Lusardi said at least four council members knew about the Memorandum of Understanding, but that since the ordinance already had been passed and the document was in conjuntion with the ordinance, the agreement did not need to be passed through council.

McCartney said he doesn’t think the current council can revoke the agreement at this time because of item #17C in the document, which reads:

• “Dormont agrees that it will not attempt to terminate this agreement prior to four years from the date of signing this MOU. Dormont also agrees to indemnify and reimburse Pitcher Park for any costs, and/or expenses made in reliance upon the representations made by Dormont as set forth herein should Dormont terminate the agreement.”

McCartney said the item will not be on Monday’s agenda, and that he is looking into the legal language of the document to determine the exact meanings of statements such as item #17C, and other items.

Maggio also said the topic likely will not be on Monday’s agenda, but that he expects community members will have questions about it.

“I’m sure some residents will have questions about this agreement, because I have questions about this agreement,” Maggio said. “I didn’t see it until today.”

Borough solicitor Deron Gabriel and borough manager Gino Rizza could not be reached for comment prior to this article’s publication.

Check back with Dormont-Brookline Patch for follow-up articles as more details on this topic become available.