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August 17,2007 City Council Minutes

This regular meeting of the Connellsville City Council was held this evening at 10:00 a.m. in City Council Chambers, Municipal Building, and 110 North Arch Street, Connellsville, PA. Attending this meeting were Mayor Reed, Council Members McIntire, and Bodes. Also attending this meeting were, City Clerk Antoinette Tesauro and Glenn Wolfe from Widmer Engineering.

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

Proclamations:

There were no proclamations at this meeting.

Public Comment:

There were no public comments at this meeting.

Regular Agenda:

Reed introduced and moved adoption of Resolution No. 8-1-07, which was seconded by Bodes: “To accept the minutes from the July 12, 2007 City Council Meeting.”

A vote upon the adoption of Resolution No. 8-1-07 resulted as follows: Affirmative were Bodes, McIntire, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Correspondence:

Tesauro read the first piece of correspondence, Public Announcement about the City of Connellsville MS4 Program.

Tesauro read the second piece of correspondence, a letter from Armstrong Cable, stating that Armstrong Cable is CableWorld magazine’s Independent Cable Operator of the Year for 2007.

Tesauro red the third piece of correspondence, a letter from the residence of Sycamore Street asking for a street closing on September 8, 2007.

Tesauro read the fourth piece of correspondence, was from the Connellsville Veteran’s Commission asking permission to use the Veteran’s Plaza for the Patriot’s Day Program.

Department Reports:

Mayor Reed discussed the following issues:

Police Report Parking on the sidewalks Many thanks Electric car viewing after the meeting Keep up the “clean up”

Reed introduced and moved adoption of Resolution No. 8-2-07, which was seconded by Bodes: “To authorize the Connellsville Veterans Commission to use Veteran’s Plaza for the annual Patriot’s Day Program at 10:00 a.m. on September 11.”

A vote upon the adoption of Resolution No. 8-2-07 resulted as follows: Affirmative were McIntire, Bodes and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed introduced and moved adoption of Resolution No. 8-3-07, which was seconded by Bodes: “To authorize the signing of road closing request forms as required by Penn DOT to close off the following streets:

-1200 block of Sycamore between Davidson Avenue and Austin Avenue on Saturday, September 8, 2007, from 3:00 pm to 10:00 pm.” -Closing of Decatur Avenue and McCormick Avenue for the Motor Cycle Memorial Ride for Scott Nicholson on Saturday, August 18, 2007.”

A vote upon the adoption of Resolution No. 8-3-07 resulted as follows: Affirmative were Bodes, McIntire, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed introduced and moved adoption of Resolution No. 8-4-07, which was seconded by Bodes: "To authorize the following Traffic Committee recommendations:

1. To place a one hour restricted parking sign on Wills Road. 2. To begin the process of opening the alley between Martin’s and North Seventh Street. 3. To initiate a 60 day, trial period, permitting motorist headed onto North Pittsburgh Street to turn West onto West Crawford Avenue. This will permit traffic from South Pittsburgh Street to make a left onto West Crawford Avenue. Pending final approval from PennDot.”

A vote upon the adoption of Resolution No. 8-4-07 resulted as follows: Affirmative were McIntire, Bodes, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed introduced and moved adoption of Resolution No. 8-5-07, which was seconded by Bodes: “To accept the resignation letter of Chief Stephen Cooper effective September 15, 2007.” (Read Resignation Letter Here. Captain Ed McSheffrey will be the Acting Chief effective August 18, 2007.)

A vote upon the adoption of Resolution No. 8-5-07 resulted as follows: Affirmative were McIntire, Bodes, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed introduced and moved adoption of Resolution No. 8-6-07, which was seconded by Bodes: “To notify the Police Civil Service Board to begin the Civil Service Procedures for advertising and administering the Entry Level Police Officers Civil Service Test. A $35.00 fee will be charged for participants taking the tests.”

A vote upon the adoption of Resolution No. 8-6-06 resulted as follows: Affirmative were McIntire, Bodes, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed introduced and moved adoption of Resolution No. 8-7-07, which was seconded by Bodes: “To hire Jessie Langer as a police station building monitor. Ms. Langer shall work on an as needed basis. Salary will be $7.15 per hour with no benefits.”

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

Reed introduced and moved adoption of Resolution No. 8-8-07, which was seconded by McIntire: “To advertise for the position of Public Safety Director.”

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

Reed introduced and moved adoption of Resolution No. 8-9-07, which was seconded by Bodes: “To recommend that James Limbo be placed on the Traffic Committee, term to expire, January, 2012.”

A vote upon the adoption of Resolution No. 8-9-07 resulted as follows: Affirmative were Bodes, McIntire, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed introduced and moved adoption of Resolution No. 8-10-07, which was seconded by Bodes: “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.”

A vote upon the adoption of Resolution No. 8-10-07 resulted as follows: Affirmative were Bodes, McIntire, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Bodes introduced and moved adoption of Resolution No. 8-11-07, 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.”

Bills over $500.00 for the month of July were as follows: - John A. Fiesta Insurance Agency $69,498.00 - Krumanacker Electric $2,133.84 - Dominion Brush $842.00

A vote upon the adoption of Resolution No. 8-11-07 resulted as follows: Affirmative were Bodes, McIntire, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Bodes introduced and moved adoption of Resolution No. 8-12-07, which was seconded by McIntire: “The city of Connellsville will be accepting quotes for the insurance needs for the City. Quotes may be submitted up to September 4, 2007, to the attention of the City Clerk.”

A vote upon the adoption of Resolution No. 8-12-07 resulted as follows: Affirmative were Bodes, McIntire, and Reed. The majority of the vote being affirmative, the Resolution was adopted.

Reed read Matthews resolution due to his absence.

Reed introduced and moved adoption of Resolution No. 8-13-07, which was seconded by Bodes: “To approve the Paving project Change Order Number 1 and Periodic Estimate Number 1 and Payment Estimate Number 2 which will also be the final payment.

Approval of Change Order Number 1 reducing the contract by $495.95 Approval of Periodic Estimate Number 1 $45,572.24 Approval of Final Estimate Number 2 $27.31

This project is under budget by $495.95.”

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

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

City Treasurer Keller Report:

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

Reed introduced and moved adoption of Resolution No. 8-14-07, which was seconded by Bodes: “That this meeting of City council does hereby adjourn.”

A vote upon the adoption of Resolution No. 8-14-07 resulted as follows: Affirmative were Bodes, McIntire and Reed. The majority of the vote being affirmative, the Resolution was adopted.

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