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May 15, 2008 City Council Minutes

This regular meeting of the Connellsville City Council was held this evening at 7:00 p.m. in City Council Chambers, Municipal Building, and 110 North Arch Street, Connellsville, PA. Attending this meeting were Mayor Reed, Council Members McIntire, Geyer, Matthews and Bodes. Also attending this meeting were, City Clerk Antoinette Tesauro and Solicitor Bowlen.

A moment of silence was observed following the Pledge of Allegiance.

Public Comment:

Anne Catalina, Acme, owner of property located at 910 S. Pittsburgh Street, concerning a paper alley at her property. She requests that the alley be opened and the fence on Diane Bigams property be removed so she can use this alley. She noted she will pave the alley. She has proposed to put in a hair salon at this property. Tom Bowlen stated he needs to research if the City ever accepted the alley.

Mary Grace Butela, Dunbar Township Tax Collector, questioned the rumors of the Senior Citizen Center closing. Reed answered that it is all rumors. Yvonne Rush, Senior Citizen Center rumors of closing and no agenda given to her when she stopped in the office in the afternoon. She asked that the agenda be done the day before. Geyer also added that there is a four day rule and it should be done then. He stated we should repeal that rule if we are not going to follow it. Steve Haut, 17B North Manor, concerned about fumes from Superior Mulch across the street in North Manor. Reed suggested he call the Director of North Manor and call 911 if there is burning. Also, that is Connellsville Township, he can call there.

Correspondence:

Nancy Dye, John Woodruff Race Committee member DCNR letter Regular Agenda:

Reed introduced and moved adoption of Resolution No. 5-01-08, which was seconded by Bodes: “To accept the minutes from the April 17, 2008 City Council Meeting.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Bodes, McIntire, Matthews, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

DEPARTMENT REPORTS:

Mayor Reed

Police Report She thanked the students for planting flowers at the Memorial Stated that vandals spray painted at East Park and Boy and Cub Scouts cleaned it. Reed thanked them. Reed thanked everyone who volunteers in the City Community Calendar May 16th through June 17th The American Legion, Milton L. Bishop Post 301, Flag Day Ceremony Saturday, June 14th at 10 am Welcome “El Canela”, Mexican Restaurant, by Lions Square

Proclamation – Discount Party Stores. Reed noted they donated $500 to the City for the Armory.

Reed introduced and moved adoption of Resolution No. 5-2-08, which was seconded by Bodes: “To reschedule June, July and August 2008 City Council meetings to the following dates: Thursday, June 12, Thursday, July 10, and Thursday, August 21, 2008. The meetings will be held at City Hall beginning at 7:00 PM Executive meetings will be at 6:00 PM for the purpose of considering pending or new employment, collective bargaining or litigation issues.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Bodes, McIntire, Geyer, and Reed. Matthews voted nay. The majority of the votes being affirmative, the resolution were adopted.

Reed introduced and moved adoption of Resolution No. 5-14-08, which was seconded by Bodes: “To make the following appointment(s) to the Shade Tree Commission: Nino Merendino, term to expire the first Monday of 2012.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Bodes, McIntire, Matthews, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

Reed introduced and moved adoption of Resolution No. 5-4-08, which was seconded by Bodes: “Whereas the Mayor and Council of the City of Connellsville encourage and supports passage of House Bill 2018, The Tax Exemption Property Municipal Assistance Act.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Bodes, McIntire, Matthews, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

Reed introduced and moved adoption of Resolution No. 5-5-08, which was seconded by Bodes: “To close certain city streets for short intervals between the hours of 7:00 pm through 8:00 pm on Wednesday, July 9, 2008 for the 26th annual John Woodruff 5K Run and Walk.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Bodes, McIntire, Matthews, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

Reed introduced and moved adoption of Resolution No. 5-12-08, which was seconded by Bodes: “To close certain streets for the annual July 3rd fireworks display in the City as requested by the sponsoring agency, the Connellsville Chamber of Commerce.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Bodes, McIntire, Matthews, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

Reed introduced and moved adoption of Resolution No. 5-15-08, which was seconded by Bodes: “To authorize the American Legion Auxiliary Unit at Post 301, Connellsville, permission to sell poppies at various locations in Connellsville on May 30, 2008. Proceeds shall benefit veterans.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Bodes, McIntire, Matthews, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

Bodes:

Bodes introduced and moved adoption of Resolution No. 5-6-08, which was seconded by McIntire: “To pay all bills as presented including all bills and expenditures for goods and services that exceed $500.00:

Amerihealth Casualty Services, liability and workers comp., $27,623.84; Ed Vincent Auto Body, repair police impala, $575.66; John A. Fiesta Agency, 2007 wc audit, $4,881.00; Michael McCumber, Web development, $1,208.50; Widmer Engineering, Inc., Bridge Inspection, $4,073.73; Connellsville School rimb vo-tech, refund/misc. expense, $805.00; HDH Group, Commercial Package, $30,114.50.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Matthews, Bodes, McIntire, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

Geyer:

Addressed the high grass and that the Street Department has been a help with his department. He asked that people be patient. He addressed the Cystic Fibrosis Fundraiser at Yough Park Recreation Department Report Announced the Connellsville Area School Patriots Auction was a success.

Geyer introduced and moved adoption of Resolution No. 5-7-08, which was seconded by Bodes: “To accept the resignation of William Critchfield from the Connellsville Recreation Department effective May 5, 2008.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Matthews, Bodes, McIntire, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

He thanked Mr. Critchfield for his years of service and that he was a good employee. Reed noted the same and thanked him.

Matthews:

Matthews thanked Vernon for all his help and for his double work load and noted he handles it well.

Street Department Report

Matthew noted he heard about the Sr. Citizens Center closing. He explained the City owns the building, and noted if the City doesn’t exempt that building for the taxes, then the Sr. Citizens Board – if they cannot pay it – asks the Tigers or Area on Ageing for an increase in money which the State provides.

Matthew made clear that he will have on the table within the next month or so a resolution to exempt the Sr. Center Building from taxes, if no-one else does. He added the City should not be taxing their own property.

McIntire:

Health/Code Officers Report –

He added that Mrs. Bornstein, Health Officer wants everyone to be aware that if you do not cut your grass you will be sent ONE warning, then a citation. Fire Department Report New Haven Hose Report McIntire introduced and moved adoption of Resolution No. 5-8-08, which was seconded by Bodes: “To adopt Bill No. 1 of 2008, Ordinance #1463, Introduced March 20, 2008, “Amending Sections 9, 14, 15, 16, 17, 18 and 19 of Ordinance Number 13 (January 2, 1914) as amended providing for chain of command and responsibilities for fire protection when members of the paid department are not on duty and for response to motor vehicle accidents.”

BILL NO. 1 OF 2008 INTRODUCED MARCH 20, 2008 BY DAVID L. MCINTIRE ENACTED MAY 15, 2008 ORDINANCE NO. 1463

AN ORDINANCE

AN ORDINANCE OF THE CITY OF CONNELLSVILLE, FAYETTE COUNTY, PENNSYLVANIA, AMENDING SECTIONS 9, 14, 15, 16, 17, 18 AND 19 OF ORDINANCE NUMBER 13 (JANUARY 2, 1914) AS AMENDED PROVIDING FOR CHAIN OF COMMAND AND RESPONSIBILITIES FOR FIRE PROTECTION WHEN MEMBERS OF THE PAID DEPARTMENT ARE NOT ON DUTY AND FOR RESPONSE TO MOTOR VEHICLE ACCIDENTS.

WHEREAS, there exist two (2) fire departments in the City of Connellsville, to wit: a paid fire department (“paid department”) and a volunteer fire department known as New Haven Hose Company (“NHHC”); and

WHEREAS, the contractual hours of duty of the members of the paid department are from 8:00 A.M. to 4:00 P.M. Monday through Friday of each week; and

WHEREAS, New Haven Hose Company has recently created the position of fire chief; and

WHEREAS, the existing Ordinances of the City of Connellsville creating and organizing the paid department and describing the duties of members thereof conflict with the organizational provisions of New Haven Hose Company, the only remaining volunteer fire department in the City of Connellsville; and

WHEREAS, City counsel deems it necessary and appropriate to amend the Ordinances applicable to the paid department and the volunteer department in order to clarify chain of command responsibilities and responsibilities for fire protection when members of the paid fire department are not on duty in order to insure responsible fire protection for the City of Connellsville;

NOW, THEREFORE, be and it hereby is ordained and enacted that:

1. Section 9 of Ordinance 13 (January 2, 1914) as amended by Ordinance 1086 (November 12, 1974) Section 1 is amended as follows:

Duties of Fire Chief.

The following provision is repealed “He shall be present at all fires, and shall have sole control thereat over all members of the paid department and of the volunteer company and all other persons assisting in the extinguishment of the fire or to prevent the spread of the conflagration.” The following provision is adopted “The fire chief of the paid department or next in command shall be present at all fires occurring after 8:00 A.M. and before 4:00 P.M. on Monday through Friday and shall have sole control thereat over all members of the paid department and of the volunteer company and all other persons assisting in the extinguishment of the fire or to prevent the spread of the conflagration. The chief of the volunteer department, or the next in command, shall be present at all fires occurring at times other than 8:00 A.M. to 4:00 P.M. Monday through Friday and shall have sole control thereat over all members of the volunteer company and such members of the paid department who respond to said fire and all other persons assisting in the extinguishment of the fire or to prevent the spread of the conflagration. The individual in control of fires shall be the “incident commander”. Members of the paid fire department, when off duty and if available, shall report to all fires involving a working structure until released there from by the incident commander.”

2. Section 14 of Ordinance 13 (January 2, 1914) as amended by Section 1 of Ordinance 783 (November 29, 1957) is amended as follows:

Volunteer Companies.

The City recognizes the presently existing volunteer fire company, New Haven Hose Company and shall, to the extent of its ability, contribute financially to the maintenance of the same as hereinafter set forth.

3. Section 15 of Ordinance 13 (January 2, 1914) as amended by Section 2 of Ordinance 783 (November 29, 1957) and by A.O. is amended as follows:

Organization of Volunteer Company.

“The volunteer company shall consist of such members as its officers deem necessary to maintain same, each of whom shall not be less than eighteen (18) years of age and shall be persons of sober and industrious habits and good reputation and character and governed by the by-laws of the volunteer company.”

4. Section 16 of Ordinance 13 (January 2, 1914) as amended by Section 3 of Ordinance 783 (November 29, 1957) is repealed.

5. Section 17 of Ordinance 13 (January 2, 1914) as amended by Ordinance 783 (November 29, 1957) and by Section 1 of Ordinance 1086 (November 12, 1974) is amended as follows:

Organization of the Volunteer Company.

The provision stating “The company shall have a captain and two (2) lieutenants and shall adopt such rules and regulations for its government as the Director of the Department of Public Safety and the Fire Chief, and a person designated by the company shall promulgate for that purpose” is hereby repealed. The following provision is adopted: The volunteer company shall elect such officers and adopt such rules and regulations for its government as its by-laws, adopted by its members, provide.

6. Section 18 of Ordinance 13 (January 2, 1914) as amended by Section 5 of Ordinance 783 (November 29, 1957, Section 5) is repealed.

7. Section 19 of Ordinance 13 (January 2, 1914) as amended by Section 6 of Ordinance 783 (November 29, 1957) is amended as follows:

8. Duty of the Volunteer Company.

The following provision is repealed: “At fires, the company shall be under the control of the Fire Chief, Assistant Fire Chief or any person acting in such capacity.” The following provision is adopted: “At fires occurring between the hours of 8:00 A.M. and 4:00 P.M., Monday through Friday, the members of the volunteer department shall be under the control of the paid Fire Chief, Assistant Fire Chief or any other paid fireman acting in the capacity of incident commander.”

9. Motor Vehicle Accident Response.

Members of the paid department shall respond to all motor vehicle accidents in the City occurring between the hours of 8:00 A.M. and 4:00 P.M. Monday through Friday where there are confirmed or unknown injuries to assist with extrication, protection against potential fire and other hazards, stabilization of the vehicle, traffic control, debris clean-up and to assist Emergency Medical Service personnel with patient care and loading.

10. Repealer

The provisions of any Ordinance inconsistent with the provisions herein adopted are hereby repealed.

11. Effective Date

This Ordinance shall take effect immediately upon enactment.

ORDAINED AND ENACTED this ____ day of _____________________, 2008.

_________________________________ Mayor ATTEST: _______________________________ City Clerk

A vote upon the adoption of the resolution resulted as follows: Affirmative were Matthews, Bodes, McIntire, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

Treasurer’s Report

Controller Report

Reed introduced and moved adoption of Resolution No. 5-3-08, which was seconded by Bodes: “Motion for an Executive Meeting at 6:00 PM on Thursday, June 12, 2008, for the purpose of considering pending or new employment, collective bargaining or litigation issues.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Bodes, McIntire, Matthews, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

Reed introduced and moved adoption of Resolution No. 5-10-08, which was seconded by Bodes: “That this meeting of City Council does hereby adjourn.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Bodes, McIntire, Matthews, Geyer, and Reed. The majority of the votes being affirmative, the resolution were adopted.

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