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December 19, 2012 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, at 110 North Arch Street, Connellsville, PA. Attending this meeting was Mayor Matthews, Council members Karpiak, Weaver, Geyer and Ritch. Also attending this meeting was City Clerk Tesauro and Solicitor Witt.

PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE:

Mayor Matthews stated that Council has erected a wreath in memory of the victims of the Sandy Hook massacre. Invocation led by Susanne Zampella, Connellsville Area Ministerial Association

VISITORS/PUBLIC COMMENTS:

Judy Keller discussed the City tax rate and base. She questioned if there would be enough money to cover the loan and interest on the Tax Anticipation Loan.

CORRESPONDENCE:

< REGULAR AGENDA:

Resolution No. 12-1-2012: “To approve the minutes from the November 14, 2012 City Council Meeting.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Resolution No. 12-2-2012: “To waive the 4-day Resolution Rule to allow for items submitted after the 4-day rule to be read at the meeting tonight, such Resolutions will be marked with an asterisk.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

MAYOR MATTHEWS:

Police Department Report

Resolution No. 12-3-2012: “TO INTRODUCE AN ORDINANCE OF THE CITY OF CONNELLSVILLE AMENDING AND SUPPLEMENTING ORDINANCE NO. 1412, OF THE CITY OF CONNELLSVILLE ENACTED JANUARY 22, 2002, WHICH REPEALED ORDINANCE NO. 1076 AND IT’S AMENDMENTS AND REVISIONS, AND AS AMENDED, REPEALED, OR OTHERWISE REVISED BY ORDINANCE FROM TIME TO TIME, TO AMEND SECTION 3.01 “EMPLOYEE CONTRIBUTIONS” OF THE POLICE PENSION PLAN TO BRING SAID SECTION INTO COMPLIANCE WITH SECTION 4301 OF THE THIRD CLASS CITY CODE.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Matthews stated the next resolution is something that PennDOT states the City must have as well as the City Attorney and Engineer. Matthew said he feels this resolution tells the City what they can and can’t do with their roads.

Resolution No. 12-4-2012: “To adopt the Consultant Selection Policy and Procedure, attached hereto and promulgated by the Pennsylvania Department of Transportation, for the orderly determination of the need to use consulting engineering firms, qualification and selection firms, and general administration and monitoring of engineering agreements."

Karpiak suggested delaying the resolution until all questions about it are answered. Councilman Ritch agreed.

Geyer motioned to table the resolution. Karpiak seconded the motion. It was agreed upon by each member of council.

Resolution No. 12-5-2012: “To set the meeting time and place for the City Council Meetings of the City of Connellsville for 2013 to the following dates: January 16th, February 20th, March 20th, April 17th, May 15th, June 19th, July 17th, August 21st, September 18th, October 16th, November 20th and December 18th. Meetings will be held in the Municipal Building, 110 North Arch Street and begin at 7:00 p.m.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Resolution No. 12-6-2012: “To appoint Brad W. Geyer, City of Connellsville delegate to the Southwest Regional Tax Bureau and Charles W. Matthews alternate, effective immediately; term to expire January 2014.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Matthews stated that he has a resolution that is not on the agenda.

Resolution No. 12-7-2012: “To enter into that certain Mutual Full and Final Release and Settlement Agreement received December 18, 2012; to authorize and direct the Mayor and City Clerk to execute said agreement; and to authorize and direct City officials and employees to perform any actions or functions necessary or required thereunder.”

Matthews noted this was the item from the executive session.

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

REMINDERS:

December 22nd, Community Center’s Porter Theater will be a Christmas Pageant

Mayor Matthews thanked all who helped make the Christmas in Connellsville weekend successful including the Garden Club, Cultural Trust, Downtown Connellsville, Art Works, Connellsville Community Center, the Library and Churches, the businesses that allowed groups to come in to sell their cookies and the HOBO Railroad that came in with their display on Sunday.

GEYER:

Resolution No. 12-8-2012: “To pay all bills/expenditures for goods/services in excess of $500.00 as submitted: R and J Network, $5,043.50, Replace camera and equipment, surge protection at Yough Park and East Park.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Resolution No. 12-9-2012: “To adopt proposed Ordinance #1493, Bill No. 4 of 2012, AN ORDINANCE FIXING THE SALARIES PAYABLE BY THE CITY OF CONNELLSVILLE FOR THE VARIOUS POSITIONS ENUMERATED HEREIN FOR THE FISCAL YEAR 2013, AND REPAEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Resolution No. 12-10-2012: “To adopt proposed Ordinance #1494, Bill No. 5 of 2012, An Ordinance of the City of Connellsville, County of Fayette, and the Commonwealth of Pennsylvania, fixing the real estate tax rate and residence tax rate for all city purposes for the fiscal year 2013, and repealing all ordinances or parts of ordinances inconsistent herewith.”

Weaver stated there should have been a tax and mileage increase. Weaver noted she doesn’t want a tax increase but it’s been almost a quarter of a century since the taxes have gone up in the City.

Karpiak responded that Council should not raise tax 1 mill. He noted Council should know what is needed before raising taxes. He further stated that the City is in the situation they are in due to a company closing down (that has the City’s money). Karpiak stated he wants to exhaust all other options before raising taxes.

Keller stated she just doesn’t want the revenue overinflated.

Matthews stated he is not in favor of raising taxes. He noted the biggest problem is the taxing liability the City has is with the CENTAX and Southwest Regional. Matthews also added once you raise taxes, you will never give them back. He also said to give it one more year to see if we get any of the money back.

Weaver stated in the three years she has been on Council, the City has gone into more debt.

Geyer stated the last check from Southwest in December was $77,000.00 in Earned Income Tax Money. He added that Southwest is increasing on Earned Income and new businesses. That means more Earned Income, Business Privilege and Mercantile. He further stated that all options are not exhausted yet before raising taxes and raising taxes should be the last option.

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch and Mayor Matthews. Weaver voted nay. The majority of the votes being affirmative, the resolution was adopted.

Resolution No. 12-11-2012: “To adopt proposed Ordinance #1495, Bill No. 6 of 2012, AN ORDINANCE OF THE CITY OF CONNELLSVILLE, FAYETTE COUNTY, PENNSYLVANIA, SHOWING THE ESTIMATED RECEIPTS, EXPENDITURES, AND LIABILITIES OF EVERY KIND FOR ALL THE FUNDS FOR FISCAL YEAR 2013 WITH THE BALANCE OF UNEXPENDED APPROPRIATIONS AS THE BASIS FOR FIXING THE LEVY AND TAX RATE FOR SAID FISCAL, YEAR APPROPRIATING THE VARIOUS AMOUNTS SHOWN AS PROPOSED EXPENDITURES HEREIN FOR THE EXPENSES OF THE CITY FOR SAID FISCAL YEAR FROM THE REVENUE AVAILABLE FOR SAID FISCAL YEAR FOR THE DEPARTMENTS, BUREAUS, AND SPECIFIC PURPOSES SET FORTH HEREIN, AND THE REPEALING OF ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTANT HEREWITH.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch and Mayor Matthews. Weaver voted nay. The majority of the votes being affirmative, the resolution was adopted.

Resolution No. 12-12-2012: “To join the G-5 Conferences to be held April 18-20, 2013.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Resolution No. 12-13-2012: “TAX ANTICIPATION NOTE
WHEREAS, the City of Connellsville, of Fayette County, Pennsylvania, anticipates current tax revenues as yet uncollected; and
WHEREAS, the City of Connellsville has inadequate funds for current expenditures; and
WHEREAS, the City of Connellsville has determined that it is necessary to borrow for the purposes of meeting current expenses by issuing a note to be repaid from said anticipated tax revenues; and
WHEREAS, Scottdale Bank & Trust Company has submitted to the City of Connellsville a proposal to purchase a tax anticipation note of the City of Connellsville with a principal of Six Hundred Seventy-Five Thousand Dollars ($675,000) and the City of Connellsville desires by the adoption of this resolution to accept such proposal and authorize the issuance and sale of its tax anticipation note;
NOW, THEREFORE, be it resolved that:
1. The City of Connellsville hereby authorizes the issuance of a tax anticipation note in the amount of Six Hundred Seventy-Five Thousand and 00/100 Dollars ($675,000.00) in anticipation of the receipt of current taxes to be sold at private sale.
2. The note shall be in the denomination of Six Hundred Seventy-Five Thousand
and 00/100 Dollars ($675,000.00), shall be redeemable at any time at the option of the officers of the City of Connellsville without penalty or premium, shall be fully registered without coupons; shall be dated on or before January 15, 2013; shall be payable at the Connellsville office of Scottdale Bank & Trust Company; shall be substantially in the form annexed to this resolution as Exhibit A and made a part of this resolution as though fully set forth in place.
3. The proposal of Scottdale Bank & Trust Company to purchase the note dated December 11, 2012, is hereby accepted and shall be incorporated into the minutes of this meeting. A true and correct copy of said proposal is attached hereto as Exhibit B, and the appropriate executive officers are hereby authorized and directed to execute and deliver a duplicate original of the acceptance of said proposal to Scottdale Bank & Trust Company.
4. The City of Connellsville hereby pledges to Scottdale Bank & Trust Company and grants to Scottdale Bank & Trust Company a first lien and charge on its taxes to be received during the period when the note is outstanding to secure the payment of the indebtedness evidenced hereby and the interest thereon.
5. Payment of principal and interest shall be made in accordance with the proposal of Scottdale Bank & Trust Company in the following amounts and on the following dates:
(a) Payment of interest thirty days after the date of the tax anticipation note and on the same date each successive month thereafter (or such earlier date if such successive month does not contain a sufficient number of days), and continuing until December 1, 2013.
(b) Payment of all outstanding principal and all remaining interest on December 31, 2013.
6. The appropriate executive officer be and hereby is authorized and directed to execute and deliver in the name of, on behalf of, and under the seal of, the City of Connellsville, the tax anticipation note in the form and containing the terms described above, and the City Clerk of the City of Connellsville be and hereby is authorized and directed to attest the same.
7. The appropriate executive or fiscal officer be and hereby is authorized and directed to prepare or cause to be prepared and to file a Certificate as to Taxes and Revenues to be Collected as required by Section 8128 of the Local Government Unit Debt Act. A true and correct copy of the said Certificate is attached hereto as Exhibit C.
8. The executive officers of the City of Connellsville be and hereby are authorized and directed to perform all acts which are necessary and proper for the valid issuance and securing of the note.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Resolution No. 12-14-2012: “To introduce Ordinance No. 1497, Bill No. 8 of 2012, AN ORDINANCE OF THE CITY OF CONNELLSVILLE, LEVYING, ASSESSING, AND COLLECTING A REALTY TRANSFER TAX AT A RATE OF ONE PERCENT OF THE VALUE OF REAL ESTATE TRANSFERRED LOCATED WITHIN THE CITY; PROVIDING FOR THE COLLECTION OF INTEREST AND PENALTIES; DEFINING PARTIES EXEMPT FROM TAX AND TRANSACTIONS EXCLUDED FROM TAX; FEFINING ACQUIRED COMPANIES, MAKING THE TAX APPLICABLE THERETO, AND REQUIRING THE FILING OF DECLARATIONS OF ACQUISITION; PROVIDING FOR CREDITS AGAINST TAX; AUTHORIZING AND DIRECTING THE PENNSYLVANIA DEPARTMENT OF REVENUE TO DETERMINE AND COLLECT ADDITIONAL TAX OWED; PROVIDING FOR UNPAID TAX TO BECOME A LIEN ON TRANSFERRED REAL ESTATE; PROVIDING FOR THE ENFORCEMENT AND PROMULGATION OF REGULATIONS RELATED THERETO; PROSCRIBING CIVIL AND CRIMINAL PENALTIES FOR VIOLATION; AND ESTABLISHING THE SEVERABILITY AND EFFECTIVE DATE OF THE ORDINANCE.” Geyer stated when you sale real estate in the City, one percent goes to the school and one percent goes to the State. He noted in most Cities it is half a percent to the school and half a percent to the City. Geyer stated because the City didn’t adopt this ordinance before the City could not lay claim to the half a percent. He stated now that now the City can move forward on this now.

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Geyer wished everyone a Merry Christmas.

KARPIAK:

Public Works Report

Karpiak wished everyone a Merry Christmas.

WEAVER:

Health Department Report
Fire Department Report
New Haven Hose Report

Weaver wished everyone a Merry Christmas.

RITCH:

Resolution No. 12-15-2012: "To amend Section 5 of that certain Independent Contractor Agreement with Gary Barker by increasing the independent contractor's compensation to $1,030.00 per month from the current amount of $770.00 per month."

Ritch stated his salary is paid for by rents received or fundraising activities. He added there is in increase in his hours.

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Resolution No. 12-16-2012: “To accept the resignation of Robin Bubarth from the Community Center Advisory Board effective immediately.”

Ritch thanked Bubarth for her time and what she did for the board.

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

Ritch wished everyone a Merry Christmas and Happy New Year.

CITY TREASURER REPORT:

Keller stated delinquent tax notices are out and due by December 31, 2012. She added that CENTAX and Southwest have only collected $450,000.00 and the City will not be getting any more money this year. Keller noted that very little earned income is outstanding.

Matthews discussed the budget and how the City may get through the next year.

Keller wished everyone a Merry Christmas.

Matthews wished everyone a Merry Christmas and Happy New Year.

Resolution No. 12-17-2012: “That this meeting of City Council does hereby adjourn.”

A vote upon the adoption of the resolution resulted as follows: Affirmative were Karpiak, Geyer, Ritch, Weaver and Mayor Matthews. The majority of the votes being affirmative, the resolution was adopted.

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