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July 12, 2007 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, Matthews, and Bodes. Also attending this meeting were, City Clerk Antoinette Tesauro, Glenn Wolfe from Widmer Engineering, and City Solicitor Mundorff.

A moment of silence was observed following the Pledge of Allegiance. Caleb and Cooper Maddis from the Boy Scout and Cub Scouts helped observe the Pledge of Allegiance.

Proclamations:

Public Comment:

The first public comment was from John Mongell of 1402 Maple Street, Connellsville; he wanted the City of Connellsville to know that when it rains hard that his basement floods, Charles Mathews stated that it is the city's responsibility to separate the storm lines from the sewage lines.

The second public comment came from Yvonne Rush of 303 East Cedar Avenue, Connellsville; she stated about the problem with cats on the south side of town and she feels that the City of Connellsville should go with the SPCA. Also a point of interest she feels that the city should pass a cat ordinance.

The third public comment came from Mark Metzger of 238 East Apple Street, Connellsville; he asked about the trailer that is parked on Wills Road and why this problem has not be taken care of. He also had a comment about Mr. Mongell's problem; why doesn't the City get the storm sewers fixed.

Regular Agenda:

Reed introduced and moved adoption of Resolution No. 7-1-07, which was seconded by McIntire: "To accept the minutes from the June 5, 2007 City Council Meeting."

A vote upon the adoption of Resolution No. 7-1-07 resulted as follows: Affirmative were Bodes, Matthews, McIntire, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Correspondence:

Tesauro read the first correspondence; it was from Corporal John Gallagher stating his resignation from the Connellsville Police Department, effective July 15, 2007.

Department Reports:

Mayor Reed discussed the following issues:

  • Police Report
  • Many thanks
  • Keep up the "clean up"
  • Arbitration

Reed introduced and moved adoption of Resolution No. 7-2-07, which was seconded by Bodes: "To renew the annual contract with the State Police Western Pennsylvania Auto Theft Task Force for the fiscal year 2007 and 2008."

A vote upon the adoption of Resolution No. 7-2-07 resulted as follows: Affirmative were McIntire, Matthews, Bodes and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed introduced and moved adoption of Resolution No. 7-3-07, which was seconded by Bodes: "To begin the process to request that the National Park Service conduct a study of the Youghiogheny River for determination about seeking Partnership Wild and Scenic River designation."

A vote upon the adoption of Resolution No. 7-3-07 resulted as follows: Affirmative were Bodes, McIntire, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed introduced and moved adoption of Resolution No. 7-4-07, which was seconded by McIntire: "To acceptance the resignation letter of Corporal John Gallagher effective July 15, 2007."

A vote upon the adoption of Resolution No. 7-4-07 resulted as follows: Affirmative were McIntire, Bodes, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed was to read Resolution No. 7-5-07, but did not: "To hold harmless the mayor and council for the unfunded liability of the police officer's pension asset fund plan. Under the provisions of Act 111 the City of Connellsville and Connellsville Police Officers Association entered into binding arbitration with the American Arbitration Association September 12, 2006. Act 600, 1956, the Municipal Police Pension Law, establishes a minimum contribution rate of no less than 5% and a maximum contribution rate of no more than 8%. Whereas, in 2000, arbitrator Ronald F. Talarico, Esq., included the police pension plan in the labor contract award whereby the Connellsville Police Officers Association members were not required to pay into the pension fund plan for a three-year period. This action put the Police Officer's contributions to the retirement pension plan onto the bargaining table. The mayor and council are in agreement that the present unfunded liability is the primary result of the 2000 arbitration award and not the neglect of this mayor and council. It is the concurrence of this mayor and council that the legally binding arbitrator's decision to include the retirement plan into contract benefits award absolves this mayor and council of all blame, liability and responsibility for the unfunded pension asset liability. It was agreed to wait for the Pennsylvania Municipal Employee Retirement Service actuary statement reported the pension fund plan is unfunded by $1,358,976, dated April 24, 2007. Whereas this information was given to Mr. Matthew M. Franckiewicz, impartial arbitrator, with the American Arbitration Association, on June 18, 2007. Whereas retirement pension plans require employee contributions. The mayor and council requested that the arbitration attempt to rectify the unfunded liability created by the 2000 decision. Taxpayers of this city and commonwealth should not assume the burden of financing unfunded Connellsville Police Officers pension asset fund whenever this unfunded condition was the creation and direct result of the Pennsylvania Arbitrators Award of 2000 and subsequent decisions. The condition of the retirement asset plan is the sole liability of the arbitrators."

Reed introduced and moved adoption of Resolution No. 7-6-07, which was seconded by McIntire: "To appoint Patricia Handford to the Connellsville Housing Authority, term to expire the first Monday of 2012."

A vote upon the adoption of Resolution No. 7-6-06 resulted as follows: Affirmative were McIntire, Bodes, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed introduced and moved adoption of Resolution No. 7-7-07, which was seconded by Bodes: "To amend Section I of Ordinance #1119 and subsequent Ordinance #1143 regulating the number and grades of members of the police force for the City of Connellsville."

A vote upon the adoption of Resolution No. 7-7-07 resulted as follows: Affirmative were McIntire, Bodes, and Reed. Matthews voted nay. The majority of the vote being affirmative, the Resolution was adopted.

Reed introduced and moved adoption of Resolution No. 7-8-07, which was seconded by Bodes: "To approve the successful completion of the six month probationary employment of city clerk, Antoinette Tesauro, salary $30,000 effective July 15, 2007."

A vote upon the adoption of Resolution No. 7-8-07 resulted as follows: Affirmative were Bodes, McIntire, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Bodes introduced and moved adoption of Resolution No. 7-9-07, which was seconded by McIntire: "To pay all bills as presented including all bills and expenditures for goods and services that exceed $500.00 for the month of July 2007."

A vote upon the adoption of Resolution No. 7-9-07 resulted as follows: Affirmative were Bodes, McIntire, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Bodes introduced and moved adoption of Resolution No. 7-10-07, which was seconded by McIntire: "To transfer a total of $27,268.28 from the Investment Account to the General Fund for the 2005 Minimum Municipal Obligation unpaid portion of payment; interest on the 2004 MMO money deposited late; and payment to the Auditor General's office for overpayment by the State. "

A vote upon the adoption of Resolution No. 7-10-07 resulted as follows: Affirmative were Bodes, McIntire, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Bodes introduced and moved adoption of Resolution No. 7-11-07, which was seconded by McIntire: "To make interest and penalty payments out of the General Fund to the Police Pension Plan in the amount of $24,713.48 and to pay $2,554.80 to the Auditor General's office."

A vote upon the adoption of Resolution No. 7-11-07 resulted as follows: Affirmative were Bodes, McIntire, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

In the absence of Geyer, Reed read his first resolution.

Reed introduced and moved adoption of Resolution No. 7-12-07, which was seconded by McIntire: "To enter into an agreement with the Connellsville Area Band Parents Association for the use of the concession stand at Yough Park until Nov. 3, 2007, to raise funds for the Chapter 8 High School Bank Competition to be held at the stadium. Connellsville Area Band Parents Association shall pay all utilities and shall not use the stand during Timber Days, Labor Day weekend."

A vote upon the adoption of Resolution No. 7-12-07 resulted as follows: Affirmative were Bodes, McIntire, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

In the absence of Geyer, Matthews read his second resolution.

Matthews introduced and moved adoption of Resolution No. 7-13-07, which was seconded by Bodes: "To donate $300.00 to the Connellsville Chamber of Commerce for the annual City of Connellsville Fourth of July celebration. Money to be taken from Recreation Department line item 5-18-00-450-000-542 Donation Fireworks."

A vote upon the adoption of Resolution No. 7-13-07 resulted as follows: Affirmative were Bodes, McIntire, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Matthews stated that a monthly report for his department is available upon request.

McIntire stated that a monthly report for his department is available upon request.

McIntire introduced and moved adoption of Resolution No. 7-14-07, which was seconded by Bodes: "To direct the Redevelopment Authority to do a feasibility study on the dilapidated structures located at 256 North Sixth Street and 121 thru 125 West Apple Street, to obtain these properties."

A vote upon the adoption of Resolution No. 7-14-07 resulted as follows: Affirmative were Bodes, McIntire, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

McIntire introduced and moved adoption of Resolution No. 7-15-07, which was seconded by Bodes: "To accept the contract for animal control from SPCA for one year."

A vote upon the adoption of Resolution No. 7-15-07 resulted as follows: Affirmative were Bodes, McIntire, Matthews, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

City Treasurer Keller Report:

City Treasurer Keller submitted a report to the Mayor, Council Members and Administrative Secretary. Available Upon Request

Reed introduced and moved adoption of Resolution No. 7-16-07, which was seconded by Bodes: "That this meeting of City council does hereby adjourn."

A vote upon the adoption of Resolution No. 7-16-07 resulted as follows: Affirmative were Matthews, Bodes, McIntire and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Meeting adjourned at 9:10 p.m.

Respectfully Submitted,

Katrina Angel,
Administrative Secretary

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